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REFERENCE TITLE: music therapists; licensure |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1437 |
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Introduced by Senators Ward: Driggs, Pierce
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AN ACT
Amending title 36, Arizona Revised Statutes, by adding chapter 39; relating to music therapists.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 39, to read:
CHAPTER 39
MUSIC THERAPISTS
ARTICLE 1. GENERAL PROVISIONS
36-3901. Definitions
In this chapter, unless the context otherwise requires:
1. "Music therapist" means a person who is licensed pursuant to this chapter.
2. "Practice of music therapy" means the clinical and evidence-based use of music therapy interventions that are appropriate to each client and that include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance and learning through music and movement to music. The Practice of music therapy includes:
(a) Accepting referrals for music therapy services.
(b) 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 for the client.
(c) Developing an individualized music therapy treatment plan for the client.
(d) Carrying out an individualized music therapy treatment plan that is consistent with other medical, developmental, behavioral health or educational services that are being provided to a client.
(e) Evaluating the client's response to music therapy and the individualized music therapy treatment plan and suggesting modifications, as appropriate.
(f) Developing a plan to determine when music therapy services are no longer needed, in collaboration with the client, the client's health care provider or educator, appropriate family members and any other appropriate person on whom the client relies for support.
(g) Collaborating with and educating the client and the client's family or caregiver regarding the needs that are being addressed in music therapy and the manner in which the music therapist is addressing those needs.
3. "Unprofessional conduct" includes the following:
(a) Habitual intemperance in the use of alcohol.
(b) Habitual use of narcotic or hypnotic drugs.
(c) Gross incompetence, repeated incompetence or incompetence resulting in injury to a client.
(d) Lending the name of the licensee to an unlicensed music therapist.
(e) Practicing or offering music therapy beyond the scope of the practice of a music therapist.
(f) Obtaining or attempting to obtain a license by fraud or misrepresentation or assisting a person to obtain or to attempt to obtain a license by fraud or misrepresentation.
(g) Failing to provide supervision according to this chapter and rules adopted pursuant to this chapter.
(h) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter.
(i) Having been found mentally incompetent by a court of competent jurisdiction.
(j) Aiding a person who is not licensed in this state and who directly or indirectly performs activities requiring a license.
(k) Failing to report to the department any act or omission of a licensee or applicant or of any other person who violates this chapter.
(l) Engaging in the performance of substandard care by a licensee due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the person receiving music therapy services is established.
(m) Failing to refer a client whose condition is beyond the training or ability of the music therapist to another professional qualified to provide that service.
(n) Censure of a licensee or denial, revocation, suspension or restriction of a license to practice music therapy by any other state, territory, district or country, unless the applicant or licensee can demonstrate that the disciplinary action that is not related to the ability to safely and skillfully practice music therapy or to any act of unprofessional conduct prescribed in this chapter.
(o) Any conduct or practice that violates recognized standards of ethics of the music therapy profession, any conduct or practice that does or might constitute a danger to the health, welfare or safety of the client or the public or any conduct, practice or condition that does or might impair the licensee's ability to safely and skillfully practice music therapy.
(p) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this chapter.
(q) Falsely claiming to have performed a professional service, billing for a service not rendered or charging or collecting an excessive fee for services not performed.
(r) Sexually inappropriate conduct with a client. For the purposes of this subdivision, "sexually inappropriate conduct" includes:
(i) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, while a provider relationship exists.
(ii) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or inappropriate physical contact of a sexual nature with a person treated by a music therapist.
(s) Knowingly making a false or misleading statement to the department on a license application or renewal form required by the department or any other verbal or written communications directed to the department or its staff.
(t) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. Conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence that the felony or misdemeanor was committed.
(u) Violating any federal law, state law, rule or regulation directly related to the practice of music therapy.
(v) Engaging in false advertising of music therapy services.
(w) Engaging in the assault or battery of a client.
(x) Falsifying client documents or reports.
(y) Failing to document or maintain client treatment records or failing to prepare client reports within thirty days after service or treatment.
(z) Failing to renew a license while continuing to practice music therapy.
36-3902. Director; duties; advisory committee
The director shall:
1. Appoint an advisory committee to collaborate with and assist the director to perform the duties prescribed pursuant to this chapter.
2. Adopt rules that are necessary to carry out this chapter.
3. Inform the advisory committee regarding all disciplinary actions taken pursuant to this chapter.
4. Issue a License to each applicant who meets the requirements of this chapter.
5. Authorize all disbursements necessary to carry out this chapter.
6. Ensure the public's health and safety by enforcing qualification standards for licensees and applicants for licensure pursuant to this chapter.
36-3903. Music therapist fund; exemption
A. The music therapist fund is established. The director shall deposit, pursuant to sections 35-146 and 35-147, ten per cent of all monies collected pursuant to this chapter in the state general fund and shall deposit the remaining ninety per cent in the music therapist fund, except that monies collected from civil penalties imposed pursuant to this chapter shall be deposited in the state general fund. The director shall administer the fund.
B. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
36-3904. Issuance of license; renewal; military members
A. The director shall issue a license to each applicant who meets the requirements of this chapter. A license is valid for two years.
B. A licensee shall renew a license on payment of the renewal fee prescribed by the director by rule. There is a thirty‑day grace period after the expiration of a regular license. During this period the licensee may renew a regular license on payment of a late fee prescribed by the director by rule in addition to the renewal fee.
C. When renewing a license, the licensee must provide proof of completing, within the prior twenty-four months, a minimum of forty hours of continuing education in a program approved by the certification board of music therapists or any successor organization and any other continuing education requirements prescribed by the director.
D. The director may refuse to renew a license for any cause provided in this chapter.
E. A person who does not renew a license as prescribed by this section must apply for a new license pursuant to the requirements of this chapter.
F. A license issued pursuant to this chapter to any member of the Arizona national guard or the United States armed forces reserves shall not expire while the member is serving on federal active duty and shall be extended one hundred eighty days after the member returns from federal active duty if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. A license issued pursuant to this chapter to any member serving in the regular component of the United States armed forces shall be extended one hundred eighty days from the date of expiration if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. If the license is renewed during the applicable extended time period after the member returns from federal active duty, the member is responsible only for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as late fees or delinquency fees. The member, or the legal representative of the member, shall present to the director a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.
G. A license issued pursuant to this chapter to any member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces shall not expire and shall be extended one hundred eighty days from the date the military member is able to perform activities necessary under the license if the member both:
1. Is released from active duty service.
2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the license.
36-3905. Qualifications
An applicant for licensure must:
1. Submit an application and application fee as prescribed by the director.
2. Be at least eighteen years of age.
3. Hold a bachelor's degree 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.
4. Successfully complete a minimum of one thousand two hundred hours of clinical training, with at least one hundred eighty hours in preinternship experiences and at least nine hundred in internship experiences. The internship must be approved by an academic institution or the American music therapy association.
5. If licensed in another jurisdiction, provide evidence satisfactory to the director that the applicant holds a license in good standing in that jurisdiction.
6. Provide proof satisfactory to the director of passing the examination for board certification offered by the certification board for music therapists or its successor organization or provide proof of being transitioned into board certification and provide proof that the applicant is currently a board-certified music therapist.
36-3906. Practice without a license; prohibition; posting of license; exceptions
A. Beginning October 1, 2014, a person shall not engage in the practice of music therapy or display a sign or in any other way advertise or claim to be a music therapist unless the person holds an active license in good standing issued by the director pursuant to this chapter.
B. A licensee shall conspicuously post a license issued pursuant to this chapter in the licensee's office or place of business.
C. This section does not prohibit the following:
1. A person who is regulated in another profession pursuant to this title or title 32 or a person who is supervised by a person who is regulated pursuant to this title or title 32 from performing work that includes the use of music and that is incidental to the practice of that person's profession if that person does not claim to be a music therapist.
2. The practice of music therapy by a student as part of a program of study in an accredited music therapy program if the student does not claim to be a music therapist.
3. The practice of music therapy under the supervision of a licensed music therapist if the person does not claim to be a music therapist.
36-3907. Disciplinary actions
A. The director may deny, revoke or suspend a license issued under this chapter for any of the following reasons:
1. Conviction of a felony or misdemeanor involving moral turpitude. The record of the conviction or a certified copy from the clerk of the court where the conviction occurred or from the judge of that court is sufficient evidence of conviction.
2. Securing a license pursuant to this chapter by fraud or deceit.
3. Unprofessional conduct.
4. Violating this chapter or a rule adopted pursuant to this chapter.
B. If the director determines pursuant to a hearing that grounds exist to revoke or suspend a license, the director may do so permanently or for a fixed period of time and may impose conditions.
C. The department shall conduct any hearing to revoke or suspend a license or impose a civil penalty pursuant to title 41, chapter 6, article 10.
D. Instead of denying, revoking or suspending a license the director may file a letter of concern, issue a decree of censure, prescribe a period of probation or restrict or limit the practice of a licensee.
E. The director shall promptly notify a licensee's employer if the director initiates a disciplinary action against the licensee.
F. On request of the director, a licensee must produce client records relating to a disciplinary action.
36-3908. Injunctive relief
The director may enforce any provision of this chapter by injunction or by any other appropriate proceeding.
36-3909. Violation; classification
A violation of this chapter is a class 3 misdemeanor.
36-3910. Civil penalties
A. The director may impose a civil penalty of not more than five hundred dollars for a violation of this chapter or a rule adopted pursuant to this chapter.
B. The attorney general and the county attorney may bring an action in the name of this state to enforce civil penalties imposed pursuant to this section. Actions shall be brought in the superior court in the county where the violation occurs.
C. The director may impose penalties assessed pursuant to this section in addition to other penalties imposed pursuant to this chapter.
D. All monies collected from civil penalties collected for violation of this chapter or a rule adopted pursuant to this chapter shall be deposited in the state general fund.
Sec. 2. Exemption from rule making
For the purposes of this act, the department of health services is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.