Revision: Dec. 2, 2019, 1:56 p.m.
HB 1286-FN - AS INTRODUCED
2020 SESSION
20-2067
10/04
HOUSE BILL 1286-FN
AN ACT relative to the licensure and regulation of music therapists.
SPONSORS: Rep. McGhee, Hills. 40; Rep. St. John, Hills. 27; Rep. Grossman, Rock. 18; Rep. Read, Rock. 17
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes the music therapy governing board in the office of allied health professionals for the licensure and regulation of practitioners of music therapy.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2067
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the licensure and regulation of music therapists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Intent. The intent of this act is to recognize that music therapy affects public health, safety, and welfare and that the practice of music therapy should be subject to regulation; to assure the highest degree of professional conduct on the part of music therapists; to guarantee the availability of music therapy services provided by a qualified professional to persons in need of those services; and to protect the public from the practice of music therapy by unqualified individuals.
2 New Chapter; Music Therapists. Amend RSA by inserting after chapter 326-L the following new chapter:
CHAPTER 326-M
MUSIC THERAPISTS
326-M:1 Definitions. In this chapter and RSA 328-F:
I. "Board" means the music therapists governing board established in RSA 328-F.
II. "Board certified music therapist" means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, and who holds current board certification from the Certification Board for Music Therapists.
III. "Executive director" means the executive director of the office of professional licensure and certification.
IV. "Music therapist" means a person licensed to practice music therapy pursuant to this chapter.
V. "Music therapy" means the clinical and evidence based use of music interventions to accomplish individualized goals for people of all ages and ability levels within a therapeutic relationship by a board certified music therapist. Music therapists develop music therapy treatment plans specific to the needs and strengths of the client who may be seen individually or in groups. Music therapy treatment plans are individualized for each client. The goals, objectives, and potential strategies of the music therapy services are appropriate for the client and setting. The music therapy interventions may include, music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, singing, music performance, learning through music, music combined with other arts, music-assisted relaxation, music-based patient education, electronic music technology, adapted music intervention and movement to music. The practice of music therapy does not include the diagnosis or assessment of any physical, mental, or communication disorder. This term may include:
(a) Accepting referrals for music therapy services from medical, developmental, mental health, or education professionals; family members; clients; caregivers or others involved and authorized with provision of client services. Before providing music therapy services to a client for an identified clinical or developmental need, the licensee collaborates, as applicable, with the primary care providers to review the client’s diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client, the licensee collaborates, as applicable, with the client's treatment team.
(b) Conducting a music therapy assessment of a client to determine if treatment is indicated. If treatment is indicated, the licensee collects systematic, comprehensive, and accurate information to determine the appropriateness and type of music therapy services to provide for the client.
(c) Developing an individualized music therapy treatment plan for the client that is based upon the results of the music therapy assessment. The music therapy treatment plan includes individualized goals and objectives that focus on the assessed needs and strengths of the client and specify music therapy approaches and interventions to be used to address these goals and objectives.
(d) Implementing an individualized music therapy treatment plan that is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational services being provided to the client.
(e) Evaluating the client's response to music therapy and the music therapy treatment plan, documenting change and progress and suggesting modifications, as appropriate.
(f) Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, physician, or other provider of health care or education of the client, family members of the client, and any other appropriate person upon whom the client relies for support.
(g) Minimizing any barriers to ensure that the client receives music therapy services in the least restrictive environment.
(h) Collaborating with and educating the client and the family, caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs.
(i) Utilizing appropriate knowledge and skills to inform practice including use of research, reasoning, and problem solving skills to determine appropriate actions in the context of each specific clinical setting.
326-M:2 Prohibition on Unlicensed Practice; Professional Identification.
I. No person without a license as a music therapist shall use the title "music therapist" or similar title or practice music therapy.
II. Nothing in this chapter may be construed to prohibit or restrict the practice, services, or activities of the following:
(a) Any person licensed, certified, or regulated under the laws of this state in another 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
(b) 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; or
(c) 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; or
(d) Any person who practices music therapy under the supervision of a licensed music therapist, if the person does not represent himself or herself as a music therapist.
326-M:3 Licensure of Music Therapists. In addition to requirements under RSA 328-F:
I. The board shall issue a license to an applicant for a music therapy license when such applicant has completed and submitted an application upon a form and in such manner as the executive director prescribes, accompanied by applicable fees, and evidence satisfactory to the board that:
(a) The applicant is at least 18 years of age.
(b) 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.
(c) The applicant successfully completes a minimum of 1,200 hours of clinical training, with at least 180 hours in pre-internship experiences and at least 900 hours in internship experiences, provided that the internship is approved by an academic institution, the American Music Therapy Association, or any successor organization, or both.
(d) The applicant is in good standing based on a review of the applicant's music therapy licensure 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.
(e) 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.
II. The board shall issue a license to an applicant for a music therapist license when such applicant has completed and submitted an application upon a form and in such manner as the executive director prescribes, accompanied by applicable fees, and evidence satisfactory to the board that the applicant is licensed 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.
326-M:4 Music Therapists Governing Board; Duties. In addition to the duties of a governing board under RSA 328-F:
I. The board may facilitate the development of materials that the office of professional licensure and certification may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings.
II. The board may act as a facilitator of statewide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the executive director.
III. The executive director shall seek the advice of the board for issues related to the regulation of music therapists.
3 Allied Health Professionals; Definition; Governing Board. Amend RSA 328-F:2, II to read as follows:
II. “Governing boards” means individual licensing boards of athletic trainers, occupational therapy assistants, occupational therapists, recreational therapists, physical therapists, physical therapist assistants, respiratory care practitioners, speech-language pathologists,[ and] genetic counselors, and music therapists.
4 New Paragraph; Allied Health Professionals; Music Therapists. Amend RSA 328-F:2 by inserting after paragraph X the following new paragraph:
XI. “Music therapist” means music therapist as defined in RSA 326-M:1.
5 Governing Board; Establishment. Amend RSA 328-F:3, I to read as follows:
I. There shall be established governing boards of athletic trainers, occupational therapists, recreational therapists, respiratory care practitioners, physical therapists, speech-language pathologists, [and] genetic counselors, and music therapists.
6 New Paragraph; Music Therapists Governing Board; Appointment. Amend RSA 328-F:4 by inserting after paragraph X the following new paragraph:
XI. The music therapists governing board shall consist of 3 licensed music therapists, who have actively engaged in the practice of music therapy in this state for at least 2 years, one member who is a licensed health care provider who is not a music therapist, and one public member. Initial appointment of professional members by the governor and council shall be qualified persons practicing music therapy in this state. All subsequent appointments or reappointments shall require licensure.
7 Renewals; Reference to Music Therapists Added. Amend RSA 328-F:19, I to read as follows:
I. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the governing board has acted on the renewal application. Licenses issued pursuant to RSA 328-A, RSA 326-G, [and] RSA 326-J, and RSA 326-M shall expire in even-numbered years and licenses issued pursuant to RSA 326-C, RSA 326-E, RSA 326-F, and RSA 326-K shall expire in odd-numbered years.
8 Effective Date. This act shall take effect July 1, 2020.
20-2067
11/12/19
HB 1286-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the licensure and regulation of music therapists.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $11,000 | $11,000 | $11,000 |
Expenditures | $0 | $36,460 | $38,460 | $40,460 |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund (RSA 310-A:1-e, I(b)) | |||
METHODOLOGY:
This bill would require the licensure of persons engaged in music therapy beginning July 1, 2020 and establishes a 5 member governing board in the office of allied health professionals. Although prohibited, there is no penalty established for the practice of music therapy without a license.
The Office of Professional Licensure and Certification (OPLC) estimates approximately 200 individuals would need to be licensed in New Hampshire. OPLC would require the conversion of an existing part-time license clerk position from 29.5 hours per week to full time 37.5 hours per week to process the new license applications as it would not be possible to hire a part-time person for the estimate of 4 plus hours per week to perform this duty. A program assistant II (labor grade 15 step 1) position would be upgraded at the following additional annual costs for salary, benefits and supplies: $31,000 in FY 2021; $33,000 in FY 2022; and $35,000 in FY 2023. Additionally, the proposed 5 member governing board would require the following annual reimbursement for per diem and mileage expenses:
5 members x 12 meetings x $50 per diem - $3,000
5 members x 12 meetings x $41 average mileage reimbursement = $2,460
Licenses would be renewed every two years and all allied health initial licenses are currently set at $110 payable biennially. This amount would yield license revenue of approximately $22,000 every 2 years ($110 x 200 licenses).
AGENCIES CONTACTED:
Office of Professional Licensure and Certification