2014 -- S 2357 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HEALTH AND SAFETY - REGISTRATION OF MUSIC THERAPISTS

     Introduced By: Senator Joshua Miller

     Date Introduced: February 12, 2014

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 20.8.1

REGISTRATION OF MUSIC THERAPISTS

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

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

education and clinical training requirements established by the American Music Therapy

Association; has passed the certification board for music therapists certification examination; or

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

music therapists.

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

chapter.

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

accomplish individualized goals within a therapeutic relationship through an individualized music

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

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

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

and imagery, music performance, learning through music, and movement to music. Music therapy

is a distinct and separate profession from other licensed, certified, or regulated professions,

including speech-language pathology. The practice of music therapy does not include the

diagnosis of any physical, mental, or communication disorder. This term may include:

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

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

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

registrant shall collaborate, as applicable, with the client's physician, psychologist, or mental

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

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

with the client's treatment team;

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

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

therapy services to provide for the client;

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

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

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

client;

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

treatment plan and suggesting modifications, as appropriate;

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

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

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

appropriate person upon whom the client relies for support;

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

least restrictive environment; and

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

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

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

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

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

     23-20.8.1-2. Applicability and scope. – After January 1, 2015, a person shall not

practice music therapy or represent himself or herself as being able to practice music therapy in

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

construed to prohibit or restrict the practice, services, or activities of the following:

     (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

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

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

herself as a music therapist; or

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

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

not represent himself or herself as a music therapist.

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

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

herself as a music therapist.

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

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

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

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

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

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

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

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

from a program approved by the American Music Therapy Association, or any successor

organization within an accredited college or university;

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

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

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

by an academic institution, the American Music Therapy Association or its successor association,

or both;

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

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

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

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

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

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

currently a board certified music therapist.

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

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

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

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

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

chapter at the date of application.

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

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

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

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

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

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

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

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

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

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

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

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

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

requirement for an applicant until January 1, 2015, who is:

     (1) A board certified music therapist; or

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

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

     23-20.8.1-6. Rules and Regulations. – The director is authorized to adopt, modify,

repeal, and promulgate rules and regulations in accordance with the purposes of this chapter, and

only after procedures in accordance with the administrative procedures act (chapter 35 of title 42)

have been followed. The director is further authorized to assess fees for registrations issued in

accordance with rules and regulations promulgated pursuant to the authority conferred by this

chapter, provided that those fees are assessed only after procedures in accordance with the

administrative procedures act (chapter 35 of title 42) have been followed. All fees shall be

deposited into the general fund as general revenue.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - REGISTRATION OF MUSIC THERAPISTS

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     This act would provide guidelines for the registration of music therapists by the

department of health.

     This act would take effect upon passage.

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