SB2977 96TH GENERAL ASSEMBLY

LRB096 19749 ASK 35177 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2977

Introduced 2/3/2010, by Sen. Carole Pankau

SYNOPSIS AS INTRODUCED:

New Act

Creates the Music Therapist Registration Act. Starting 6months after the effective date of the Act, prohibits any person from practicing music therapy or presenting himself or herself as a music therapist in the State, unless he or she is registered under the Act, falls within one of its enumerated exemptions, or has been issued a temporary registration. Establishes the Music Therapy Committee. Requires the Department of Financial and Professional Regulation to authorize credentialing examinations through the Certification Board for Music Therapists (CBMT). Sets qualifications for registration as a music therapist. Provides for licensure without examination for a music therapist who is licensed or otherwise certified as a Music Therapist-Board Certified (MT-BC) by another state or national certifying body which has substantially the same standards for registration as are required by the Act. Provides for the expiration, renewal, and restoration of music therapy registration. Creates a continuing education requirement. Establishes limits on the use of advertising. Effective November 1, 2011.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning professional regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Music Therapy Registration Act.

Section 5. Purpose. In order to safeguard the public health, safety and welfare, to protect the public from being misled by incompetent and unauthorized persons, to assure the highest degree of professional conduct on the part of music therapists, and to assure the availability of music therapy services of high quality to persons in need of such services, it is the purpose of this Act to provide for the regulation of persons offering music therapy services to the public.

Section 10. Definitions. As used in this Act:

"Registered music therapist" means a person registered to practice music therapy in the State of Illinois.

"Music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program.

"Music therapy" may include the following:

(1) The assessment of a client's emotional and physical health, social functioning, communication abilities, and cognitive skills through the client's history and the observation and interaction of the client in music and non-music settings.

(2) The development and implementation of treatment plans, based on a client's assessed needs, using music interventions including music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music.

(3) The evaluation and documentation of the client's response to treatment.

(4) Conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action and subsequent individualized treatment plan.

(5) Planning and developing the individualized music therapy treatment plan that identifies an individual's goals, objectives, and potential treatment intervention strategies.

(6) Implementing the individualized music therapy treatment plan that is consistent with the individual's overall treatment program.

(7) Systematically evaluating and comparing the individual's response to the individualized music therapy treatment plan and suggesting modifications as appropriate.

(8) Developing a discharge plan in collaboration with the individual, the individual's family, the treatment team, and other identified support networks where appropriate.

(9) Minimizing the impact of environmental constraints as a barrier to participation in least restrictive environments for individuals engaging in music therapy.

(10) Collaborating with and educating the individual, family, caregiver, and others to foster an environment that is responsive to the developmental needs of the individual as addressed in music therapy.

(11) Consulting with groups, programs, organizations, or communities to improve accessibility to music therapy services.

"Department" means the Department of Financial and Professional Regulation.

"Committee" means the Music Therapy Committee.

Section 15. Unregistered practice; exemptions.

(a) No person shall practice or hold himself or herself out as being able to practice music therapy or provide music therapy services in this State unless the person is registered in accordance with the provisions of this Act.

(b) Nothing in this Act shall be construed to prevent or restrict the practice, services, or activities of the following:

(1) Any person licensed in another profession or personnel supervised by a licensed professional in this State performing work incidental to the practice of his or her profession or occupation, if that person does not represent himself or herself as a registered music therapist.

(2) Any person enrolled in a course of study leading to a degree in music therapy performing music therapy services incidental to the person's course work when supervised by a registered professional, if the person is designated by a title that clearly indicates his or her status as a student.

(3) Any person whose training and national certification attests to the individual's preparation and ability to practice his or her profession, if that person does not represent himself or herself as a registered music therapist.

(4) Any person employed by an agency, bureau, or division of the federal government while in the discharge of official duties; provided, however, if such individual engages in the practice of music therapy outside the course of official duty, then the individual must be registered as provided in this Act.

Section 20. The Music Therapy Committee.

(a) There is hereby established the Music Therapy Committee to assist the Department with respect to the required examination for applicants and to advise the Department on all matters pertaining to the registration, education, and continuing education of registered music therapists and the practice of music therapy.

(b) The Committee shall consist of 5 members who shall be appointed by the Secretary of the Department as follows:

(1) three members, who shall, upon initial appointment, be qualified persons who have been actively practicing music therapy in this State for at least 3 years, and thereafter shall be registered music therapists; and

(2) two members, who shall be lay persons.

(c) The professional members of the Committee shall be appointed for staggered terms of one, two, and three years, respectively. Terms of office of each appointed member shall expire on July 1 of the year in which they expire, regardless of the date when the appointments were made. Subsequent appointments shall be made for a term of 3 years and until successors are appointed and have qualified. The lay members shall be appointed for staggered terms of office with the initial terms expiring on July 1, 2011 and July 1, 2012. Thereafter, members appointed to these positions shall serve for terms of 3 years and until successors are appointed and have qualified. Vacancies shall be filled by the Secretary in the same manner for the remainder of the term.

(d) Members of the Committee shall be reimbursed for all actual and necessary expenses incurred in the performance of duties required by this Act.

(e) The Committee shall meet at least every 3 months. At the initial meeting of the Committee, members shall elect a chair. Three members of the Committee shall constitute a quorum for the purpose of conducting official business of the Committee.

(f) The Committee shall have the following powers and duties:

(1) To advise the Department on all matters pertaining to the registration, education, and continuing education requirements for and practice of music therapy in this State.

(2) To assist and advise the Department in all hearings involving music therapists who are deemed to be in violation of this Act.

Section 25. Powers and duties of the Department. The Department shall have the following powers and duties:

(1) To adopt rules necessary for the performance of its duties under this Act, including the requirements for registration, standards for training, standards for institutions for training, standards of practice after registration, and standards and procedures for revocation of a registration.

(2) To determine, as recommended by the Committee, the qualifications of applicants for registration and to determine which applicants successfully passed the required examination.

(3) To determine necessary fees to carry out the provisions of this Act.

(4) To make such investigations and inspections as are necessary to ensure compliance with this Act or any rule adopted pursuant to this Act.

(5) To conduct hearings as required by the provisions of the Administrative Procedures Act.

(6) To suspend, revoke, or deny the registration of any music therapist for violation of this Act or any rules adopted pursuant to this Act.

(7) To maintain a record listing the name of each music therapist registered in this State.

(8) To compile a list of music therapists registered to practice in this State. The list shall be available to any person upon application to the Department and payment of the fee determined by the Department.

(9) To make such expenditures and employ such personnel as it may deem necessary for the administration of this Act.

Section 30. Registration as music therapist; qualifications.

(a) To be eligible for registration as a music therapist, an applicant shall:

(1) be at least 18 years of age;

(2) be of good moral character;

(3) have successfully completed an academic program approved by the American Music Therapy Association (AMTA) with a baccalaureate degree or higher from an accredited college or university with a major in music therapy;

(4) have successfully completed a minimum of 1200 hours of clinical training, with at least 180 hours in pre-internship experiences and at least 900 hours in internship experiences. Internship programs may be approved by an academic institution, the American Music Therapy Association, or both; and

(5) have successfully completed the board certification exam offered by the Certification Board for Music Therapists.

(b) Notwithstanding subsection (a) of this Section, the Department shall grant initial registrations to music therapists who were certified by the Certification Board for Music Therapists prior to July 1, 2010, and who hold an active MT-BC credential.

Section 35. Registration renewals; continuing education.

(a) Initial registrations and renewals shall be valid for 5 years.

(b) A person registered as a music therapist may renew his or her registration with the Department if he or she has:

(1) completed a minimum of 100 hours of music therapy service; and

(2) met continuing competency requirements by completing a minimum of 100 hours of Continuing Music Therapy Education (CMTE) programs as approved by the Certification Board of Music Therapists and other requirements established by rule of the Department.

(c) The Department may, upon notice and opportunity for a hearing, deny an application for renewal or renew the registration with conditions. Conditions imposed may include a requirement for continuing education, practice under the supervision of a registered music therapist, or any other conditions deemed appropriate by the Department.

Section 40. Use of title.

(a) A registered music therapist may use the letters MT-BC/R (Music Therapist-Board Certified/Registered) in connection with his or her name, unless he or she fails to maintain his or her certification with the Certification Board for Music Therapists.

(b) A person or business entity, and its employees, agents, or representatives, shall not use in conjunction with that person's name or the activity of the business the words "Registered Music Therapist," "Music Therapy", "Music Therapist", the letters "MT", "MT-BC", or "MT-BC/R", or any other words, abbreviations, or insignia indicating or implying directly or indirectly that music therapy is provided or supplied, including the billing of services labeled as music therapy, unless such services are provided under the direction of a registered music therapist under this Act.

Section 45. Referrals not required.

(a) A registered music therapist may perform a consultation and evaluation without a referral. Initiation of music therapy services to an individual for a medical condition shall be based on a referral from a qualified health care professional who, within the scope of his or her professional license, is authorized to refer for health care services.

(b) Prevention, wellness, education, adaptive, and related services do not require a referral.

Section 50. Delegation; client safety.

(a) No person may coerce a registered music therapist into compromising client safety by requiring the registered music therapist to delegate any activity or task.

(b) A registered music therapist shall not be subject to disciplinary action by the Department for refusing to delegate activities or tasks, or refusing to provide the required training for delegation, if the registered music therapist determines that the delegation may compromise client safety.

Section 55. Reciprocity; temporary registration.

(a) Upon payment to the Department of the registration fee and submission of a written application on forms provided by the Department, the Department may issue a registration without examination to any person who is licensed or otherwise certified as a Music Therapist-Board Certified (MT-BC) by another state or national certifying body that has substantially the same standards for registration or licensure as are required by this Act.

(b) Upon proper application and payment of fees, the Department may issue a temporary registration to a person who has applied for a registration under this Act and who is eligible to take the examination required under this Act. The temporary registration shall be available to an applicant only with respect to his or her first application for registration. The temporary registration shall expire upon notice that the applicant has or has not passed the examination.

Section 60. Advertising.

(a) No person shall advertise, in any manner, or otherwise represent himself or herself as a registered music therapist or as a provider of music therapy services unless the person is registered under this Act.

(b) Any person who violates any provision of this Act shall be subject to one or more of the following actions which may be taken by the Department in consultation with the Music Therapy Committee:

(1) Revocation of registration;

(2) Suspension of registration not to exceed 6 months from the date of hearing; or

(3) Invocation of restrictions in the form of probation as defined by the Department.

Section 99. Effective date. This Act takes effect November 1, 2011.