License Music Therapists

Section 1. The education law is amended by adding a new article 163-A to read as follows:

ARTICLE 163-A

MUSIC THERAPY Section 8450. Introduction.

8451. Definitions.

8452. Authorized practice and the use of the titles "licensed

professional music therapist" and "licensed clinical

music therapist".

8453. State board for music therapy.

8454. Requirements for a license.

8455. Limited permits.

8456. Exemptions.

8457. Special provisions.

8458. Boundaries of professional competency.

8459. Mandatory continuing competency.

§ 8450. Introduction. This article applies to the profession and practice of music therapy, and to the use of the titles "licensed professional music therapist" and "licensed clinical music therapist". The general provisions for all professions contained in article one hundred thirty of this title apply to this article.

§ 8451. Definitions. 1. (a) The practice of licensed professional music therapy shall mean 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, through the development of music therapy treatment plans specific to the needs and strengths of the client who may be seen individually and/or in groups.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10180-02-7

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(b) A licensed professional music therapist uses interventions that 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 education, electronic music technology, adapted music interventions and movement to music.

(c) The practice of licensed professional music therapy does not include the diagnosis or assessment of any physical, mental, or communication disorder.

2. (a) The practice of licensed clinical music therapy encompasses the scope of practice of licensed professional music therapy and, in addition, includes the assessment, evaluation, and the therapeutic intervention and treatment, which may be either primary, parallel or adjunctive, of mental, emotional, developmental and behavioral disorders through the use of music as approved by the department.

(b) Licensed clinical music therapists use assessment instruments and mental health counseling and psychotherapy to identify, evaluate and treat dysfunctions and disorders for purposes of providing appropriate clinical music therapy services.

3. Psychotherapy means the treatment of mental, nervous, emotional, behavioral and addictive disorders, and ailments by the use of both verbal and behavioral methods of intervention in interpersonal relationships with the intent of assisting the persons to modify attitudes, thinking, effect, and behavior which are intellectually, socially and emotionally maladaptive.

§ 8452. Authorized practice and the use of the titles "licensed professional music therapist" and "licensed clinical music therapist". 1. (a) Only a person licensed or exempt under this article shall practice "licensed professional music therapy" as defined in subdivision one of section eighty-four hundred fifty-one of this article.

(b) Only a person licensed pursuant to subdivision one of section eighty-four hundred fifty-four of this article shall use the title "licensed professional music therapist" or the designation "LPMT".

2. (a) Only a person licensed or exempt under this article shall practice "licensed clinical music therapy" as defined in subdivision two of section eighty-four hundred fifty-one of this article.

(b) Only a person licensed pursuant to subdivision two of section eighty-four hundred fifty-four of this article shall use the title "licensed clinical music therapist" or the designation "LCMT".

§ 8453. State board for music therapy. A state board for music therapy "the board", shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing, practice, and conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than twelve members, of which five shall be licensed professional music therapists, five shall be licensed clinical music therapists, and two shall be members of the public. Members of the first board need not be licensed prior to their appointment to the board. The terms of the first appointed members shall be staggered so that four are appointed for three years, four are appointed for four years, and four are appointed for five years. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner and shall be licensed pursuant to this article.

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§ 8454. Requirements for a license. 1. To qualify for a license as a "licensed professional music therapist," an applicant shall fulfill the following requirements:

(a) Application: file an application with the department;

(b) Education: have received an education, including a baccalaureate degree in music therapy from a program registered by the department or determined by the department to be the substantial equivalent thereof, in accordance with the commissioner's regulations;

(c) Experience: have completed at least twelve hundred hours of supervised clinical training experience in music therapy, with not less than one hundred eighty hours of pre-internship experience and not less than nine hundred hours of internship experience, satisfactory to the department and in accordance with the commissioner's regulations;

(d) Examination: provide proof of passing a national board certification examination or provide proof of being transitioned into a national board certification credential, satisfactory to the board and in accordance with the commissioner's regulations, currently available to music therapists who have met the education and clinical training standards of the profession;

(e) Age: be at least twenty-one years of age;

(f) Character: be of good moral character as determined by the department; and

(g) Fees: pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period.

2. To qualify for a license as a "licensed clinical music therapist," an applicant shall fulfill the following requirements:

(a) Application: file an application with the department;

(b) Education: have received an education, including a master's degree or higher in music therapy or a related field from a program registered by the department or determined by the department to be the substantial equivalent thereof, in accordance with the commissioner's regulations. The graduate coursework shall include, but not be limited to, the following areas:

(i) human growth and development;

(ii) theories in music therapy;

(iii) group dynamics;

(iv) assessment and appraisal of individuals and groups;

(v) research and program evaluation;

(vi) professional orientation and ethics;

(vii) foundations of music therapy and psychopathology;

(viii) clinical instruction;

(c) Experience: have completed at least fifteen hundred hours of postmaster's supervised experience in music therapy satisfactory to the department and in accordance with the commissioner's regulations. Satisfactory experience obtained in an entity operating under a waiver issued by the department pursuant to section sixty-five hundred three-a of this title may be accepted by the department, notwithstanding that such experience may have been obtained prior to the effective date of such section and/or prior to the entity having obtained a waiver. The department may, for good cause shown, accept satisfactory experience that was obtained in a setting that would have been eligible for a waiver but which has not obtained a waiver from the department or experience that was obtained in good faith by the applicant under the belief that appropriate authorization had been obtained for the experience, provided

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that such experience meets all other requirements for acceptable experience;

(d) Examination: provide proof of passing a national board certification examination or provide proof of being transitioned into a national board certification credential, satisfactory to the board and in accordance with the commissioner's regulations, currently available to music therapists who have met the education and clinical training standards of the profession;

(e) Age: be at least twenty-one years of age;

(f) Character: be of good moral character as determined by the department; and

(g) Fees: pay a fee of one hundred seventy-five dollars for an initial license and a fee of one hundred seventy dollars for each triennial registration period.

§ 8455. Limited permits. 1. On recommendation of the board, the department may issue a limited permit to practice licensed professional music therapy and use the title licensed professional music therapist, or to practice licensed clinical music therapy and use the title licensed clinical music therapist to an applicant who has met all requirements for licensure as a licensed professional music therapist or licensed clinical music therapist except those relating to the examination and provided that the individual is under the general supervision of a professional supervisor, as determined by the department. This limited permit shall be valid for a period of not more than twenty-four months; such limited permits may be renewed, at the discretion of the department, for up to two additional one-year periods.

2. The fee for each limited permit shall be seventy dollars.

§ 8456. Exemptions. Nothing contained in this article shall be construed to:

1. Apply to the practice, conduct, activities, services or use of any title by any person licensed or otherwise authorized to practice medicine within the state pursuant to article one hundred thirty-one of this title or by any person registered to perform services as a physician assistant within the state pursuant to article one hundred thirty-one-B of this title or by any person licensed or otherwise authorized to practice psychology within this state pursuant to article one hundred fifty-three of this title or by any person licensed or otherwise authorized to practice social work within this state pursuant to article one hundred fifty-four of this title, or by any person licensed or otherwise authorized to practice nursing as a registered professional nurse or nurse practitioner within this state pursuant to article one hundred thirty-nine of this title or by any person licensed or otherwise authorized to practice applied behavior analysis within the state pursuant to article one hundred sixty-seven of this title, or by any person licensed or otherwise authorized to practice mental health counseling, marriage and family therapy, creative arts therapy, or psychoanalysis within the state pursuant to article one hundred sixty-three of this title; provided, however, that no physician, physician's assistant, registered professional nurse, nurse practitioner, psychologist, licensed master social worker, licensed clinical social worker, licensed behavior analyst, certified behavior analyst assistant, licensed mental health counselor, licensed marriage and family therapist, licensed creative arts therapist, or licensed psychoanalyst may use the titles "licensed professional music therapist," or "licensed clinical music therapist," unless licensed under this article.

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2. Prohibit or limit any individual who is credentialed under any law, including attorneys, rape crisis counselors, certified alcoholism counselors and certified substance abuse counselors from providing mental health services within their respective established authorities.

3. Prohibit or limit the practice of a profession licensed pursuant to this article by a student, intern or resident in, and as part of, a supervised educational program in an institution approved by the department.

4. Prohibit or limit the provision of pastoral counseling services by any member of the clergy or Christian Science practitioner, within the context of his or her ministerial charge or obligation.

5. Prohibit or limit individuals, churches, schools, teachers, organizations, or not-for-profit businesses, from providing instruction, advice, support, encouragement, or information to individuals, families, and relational groups.

6. Prohibit or limit an occupational therapist from performing work consistent with article one hundred fifty-six of this title.

7. Prohibit or limit any individual 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 licensed professional music therapist or licensed clinical music therapist.

§ 8457. Special provisions. 1. This section shall apply to all professions licensed pursuant to this article, unless otherwise provided.