2013 -- H 5445

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LC01076

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF MUSIC THERAPISTS

     Introduced By: Representatives McNamara, Bennett, Amore, Ajello, and Gallison

     Date Introduced: February 13, 2013

     Referred To: House Health, Education & Welfare

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 20.8.1

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LICENSING OF MUSIC THERAPISTS

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     23-20.8.1-1. Definitions. -- As used in this chapter:

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     (1) "Board certified music therapist" means an individual who has completed the

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education and clinical training requirements established by the American music therapy

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association, has passed the certification board for music therapists certification examination or

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transitioned into board certification, and remains actively certified by the certification board for

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music therapists.

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     (2) "Music therapist" means a person registered to practice music therapy pursuant to this

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chapter.

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     (3) "Music therapy" means the clinical and evidence based use of music interventions to

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accomplish individualized goals within a therapeutic relationship through an individualized music

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therapy treatment plan for the client that identifies the goals, objectives and potential strategies of

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the music therapy services appropriate for the client using music therapy interventions, which

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may include music improvisation, receptive music listening, song writing, lyric discussion, music

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and imagery, music performance, learning through music, and movement to music. This term

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may include:

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     (i) Accepting referrals for music therapy services from medical, developmental, mental

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health, or education professionals; family members; clients; or caregivers. Before providing

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music therapy services to a client for a medical, developmental, or mental health condition, the

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licensee shall collaborate, as applicable, with the client's physician, psychologists, or mental

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health professional to review the client's diagnosis, treatment needs, and treatment plan. During

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the provision of music therapy services to a client, the licensee shall collaborate, as applicable,

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with the client's treatment team;

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     (ii) Conducting a music therapy assessment of a client to collect systematic,

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comprehensive, and accurate information necessary to determine the appropriate type of music

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therapy services to provide for the client;

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     (iii) Developing an individualized music therapy treatment plan for the client;

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     (iv) Carrying out an individualized music therapy treatment plan that is consistent with

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any other medical, developmental mental health, or educational services being provided to the

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client;

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     (v) Evaluating the client's response to music therapy and the individualized music therapy

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treatment plan and suggesting modifications, as appropriate;

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     (vi) Developing a plan for determining when the provision of music therapy services is

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no longer needed in collaboration with the client, any physician, or other provider of healthcare or

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education of the client, any appropriate member of the family of the client, and any other

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appropriate person upon whom the client relies for support;

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     (vii) Minimizing any barriers so that the client may receive music therapy services in the

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least restrictive environment; and

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     (viii) Collaborating with and educating the client and the family or caregiver of the client

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or any other appropriate person about the needs of the client that are being addressed in music

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therapy and the manner in which the music therapy addresses those needs.

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     (4) "Office" means the department of health.

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     (5) "Director" means the director of the department of health or his or her designee.

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     23-20.8.1-2. Establishment of rules and regulations. – After January 1, 2014, a person

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shall not practice music therapy or represent himself or herself as being able to practice music

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therapy in this state unless the person is registered pursuant to this chapter. Nothing in this

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chapter may be construed to prohibit or restrict the practice, services, or activities of the

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following:

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     (1) Any person licensed, certified, or regulated under the laws of this state in another

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profession or occupation or personnel supervised by a licensed professional in this state

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performing work, including the use of music, incidental to the practice of his or her licensed,

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certified, or regulated profession or occupation, if that person does not represent himself or

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herself as a music therapist; or

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     (2) Any person whose training and national certification attests to the individual's

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preparation and ability to practice his or her certified profession or occupation, if that person does

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not represent himself or herself as a music therapist.

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     (3) Any practice of music therapy as an integral part of a program of study for students

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enrolled in an accredited music therapy program, if the student does not represent himself or

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herself as a music therapist.

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     (4) Any person who practices music therapy under the supervision of a licensed music

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therapist, if the person does not represent himself or herself as a music therapist.

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     23-20.8.1-3. Issuance of license – Minimum qualifications. – (a) The director shall

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issue a registration to an applicant for a music therapy registration when such applicant has

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completed and submitted an application upon a form and in such manner as the director

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prescribes, accompanied by applicable fees, and evidence satisfactory to the director that:

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     (1) The applicant is at least eighteen (18) years of age;

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     (2) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent,

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from a program approved by the American music therapy association or any successor

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organization within an accredited college or university;

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     (3) The applicant successfully completes a minimum of twelve hundred (1,200) hours of

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clinical training, with at least one hundred eighty (180) hours in pre-internship experiences and at

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least nine hundred (900) hours in internship experiences; provided that the internship is approved

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by an academic institution, the American music therapy association or its successor association,

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or both;

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     (4) The applicant is in good standing based on a review of the applicant's music therapy

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registration history in other jurisdictions, including a review of any alleged misconduct or neglect

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in the practice of music therapy on the part of the applicant;

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     (5) The applicant provides proof of passing the examination for board certification

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offered by the certification board for music therapists or any successor organization or provides

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proof of being transitioned into board certification, and provides proof that the applicant is

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currently a board certified music therapist.

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     (b) The director shall issue a registration to an applicant for a music therapy registration

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when such applicant has completed and submitted an application upon a form and in such manner

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as the director prescribes, accompanied by applicable fees, and evidence satisfactory to the

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director that the applicant is registered and in good standing as a music therapist in another

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jurisdiction where the qualifications required are equal to or greater than those required in this

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chapter at the date of application.

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     23-20.8.1-4. Suspension and revocation of licenses. -- (a) Every registration issued

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under this chapter shall be renewed biennially. A registration shall be renewed upon payment of a

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renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of

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application for renewal. The following shall also be required for license renewal: proof of

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maintenance of the applicant's status as a board certified music therapist.

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     (b) A registrant shall inform the director of any changes to his or her address. Each

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registrant shall be responsible for timely renewal of his or her registration.

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     (c) Failure to renew a registration shall result in forfeiture of the registration.

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Registrations that have been forfeited may be restored within one year of the expiration date upon

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payment of renewal and restoration fees. Failure to restore a forfeited registration within one year

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of the date of its expiration shall result in the automatic termination of the registration, and the

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director may require the individual to reapply for registration as a new applicant.

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     23-20.8.1-5. Waiver of examination. -- The director shall waive the examination

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requirement for an applicant until January 1, 2014, who is:

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     (1) A board certified music therapist; or

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     (2) Designated as a registered music therapist, certified music therapist, or advanced

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certified music therapist and in good standing with the national music therapy registry.

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     SECTION 2. This act shall take effect upon passage.

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LC01076

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF MUSIC THERAPISTS

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     This act would provide guidelines for the licensing of music therapists by the department

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of health.

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     This act would take effect upon passage.

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LC01076

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