PRINTER'S NO. 2025
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1438
Session of
2015
INTRODUCED BY PASHINSKI, KOTIK, ACOSTA, THOMAS, DAVIDSON,
KAVULICH, BISHOP, SCHLOSSBERG, MURT, READSHAW, MILNE,
ROEBUCK, COHEN, GIBBONS, D. COSTA, SCHREIBER, CALTAGIRONE,
McNEILL, DEASY, HELM AND DERMODY, JULY 6, 2015
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JULY 6, 2015
AN ACT
Providing for the licensure of professional music therapists;
establishing the State Board of Professional Music Therapy
Licensing; providing for its powers and duties; and
establishing the Professional Music Therapy Licensing Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Professional
Music Therapist Licensure Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The State Board of Professional Music Therapy
Licensing established by this act.
"Board-certified music therapist." An individual who:
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(1) has completed the education and clinical training
requirements established by the American Music Therapy
Association;
(2) has passed the Certification Board for Music
Therapists certification examination or transitioned into
board certification; and
(3) remains actively certified by the Certification
Board for Music Therapists.
"Department." The Department of State of the Commonwealth.
"Health care provider." An individual who is a health care
practitioner as defined under section 2 of the act of December
20, 1985 (P.L.457, No.112), known as the Medical Practice Act of
1985, and who does not practice music therapy.
"Licensed professional music therapist." A person licensed
by this act to practice music therapy in this Commonwealth.
"Music therapy." 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 a client or group of clients, which plan
identifies the goals, objectives and potential strategies of the
music therapy services appropriate for the client or group of
clients using music therapy interventions, including, but not
limited to, music improvisation, receptive music listening, song
writing, lyric discussion, music and imagery, music performance,
learning through music and movement to music. The term does not
include the diagnosis of any physical, mental or communication
disorder. The term includes:
(1) Accepting referrals for music therapy services from
medical, developmental, mental health or education
professionals; family members; clients; or caregivers,
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provided that prior to providing music therapy services to a
client for a medical, developmental or mental health
condition, the licensee collaborates, as applicable, with the
client's physician, psychologist or mental health
professional to review the client's diagnosis, treatment
needs and treatment plan and, during the provision of music
therapy services to a client, the licensee collaborates, as
applicable, with the client's treatment team.
(2) 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.
(3) Developing an individualized music therapy treatment
plan for a client.
(4) Carrying out an individualized music therapy
treatment plan that is consistent with any other medical,
developmental, mental health or educational services being
provided to a client.
(5) Evaluating a client's response to music therapy and
the individualized music therapy treatment plan and
suggesting modifications, as appropriate.
(6) Developing a plan for determining when the provision
of music therapy services is no longer needed in
collaboration with a client, a physician or other provider of
health care or education of a client, an appropriate member
of the family of a client and any other appropriate person
upon whom a client relies for support.
(7) Minimizing any barriers so that a client may receive
music therapy services in the least restrictive environment.
(8) Collaborating with and educating a client and the
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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.
CHAPTER 3
STATE BOARD OF PROFESSIONAL
MUSIC THERAPY LICENSING
Section 301. License.
(a) Music therapy.--A person may not practice music therapy
in this Commonwealth unless the person is licensed by the board
under this act.
(b) Applicability.--This act does not apply to any of the
following:
(1) A person licensed, certified or regulated under the
laws of this Commonwealth in another profession or
occupation, or personnel supervised by a licensed
professional in this Commonwealth performing work, including
the use of music, incidental to the practice of his licensed,
certified or regulated profession or occupation, if the
person does not represent himself as a licensed professional
music therapist.
(2) A person whose training and national certification
attests to the person's preparation and ability to practice
his certified profession or occupation, if the person does
not represent himself as a licensed professional music
therapist.
(3) The practice of music therapy as an integral part of
a program of study for a student enrolled in an accredited
music therapy program, if the student does not represent
himself as a licensed professional music therapist.
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(4) A person who practices music therapy under the
supervision of a licensed professional music therapist, if
the person does not represent himself as a licensed
professional music therapist.
Section 302. Powers and duties of board.
(a) Establishment.--The State Board of Professional Music
Therapy Licensing is established within the department.
(b) Organization.--The board shall consist of the following:
(1) The Commissioner of Professional and Occupational
Affairs or a designee who is an employee of the Bureau of
Professional and Occupational Affairs.
(2) Two members who have a postsecondary degree in music
therapy from an accredited college or university recognized
by the Commonwealth and who are licensed by the board under
this act.
(3) One member representing health care providers.
(4) One public member.
(c) Meetings.--The board shall meet within 30 days after
confirmation of all the members and shall:
(1) Establish procedures to operate the board.
(2) Develop applications and other forms for licensure
and enforcement of this act.
(3) Promulgate regulations, as necessary, to implement
and enforce this act.
(d) Appointment and qualifications.--Each professional and
public member shall be appointed by the Governor with the advice
and consent of a majority of the Senate. Each member must comply
with all of the following:
(1) Be a citizen of the United States and a resident of
this Commonwealth.
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(2) Not hold any other public office during the term on
the board.
(e) Terms.--
(1) The member under subsection (b)(1) shall serve as an
ex officio member.
(2) The members under subsection (b)(2), (3) and (4)
shall have terms as follows:
(i) Initial appointments shall be as follows:
(A) The members under subsection (b)(2) shall
serve for a term of four years.
(B) The member under subsection (b)(3) shall
serve for a term of three years.
(C) The member under subsection (b)(4) shall
serve for a term of two years.
(ii) Each subsequent term shall be for four years or
until a successor has been appointed and qualified, which
may not be longer than six months beyond the four-year
period.
(iii) A member may not serve more than two
consecutive terms.
(f) Quorum.--A majority of members of the board shall
constitute a quorum. A member may be in attendance at a meeting
by telephonic or teleconferencing means.
(g) Chairperson.--The board shall annually select a
chairperson from the members of the board.
(h) Expenses.--With the exception of ex officio members,
each member of the board may receive the amount of reasonable
travel, lodging and other necessary expenses incurred in the
performance of the member's duties in accordance with
regulations, rules or policies of the Executive Board.
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(i) Forfeiture.--A member who fails to attend three
consecutive meetings shall forfeit the member's seat unless the
chairman, upon written request from the member, finds that the
member should be excused because of illness or death of a family
member.
(j) Meetings.--The board shall meet at least two times a
year and may meet at additional times as necessary to conduct
the business of the board.
Section 303. Duties of board.
(a) General rule.--The board shall have the following powers
and duties:
(1) To provide for and regulate the licensing of
licensed professional music therapists in this Commonwealth.
(2) To issue, deny, renew, reinstate or refuse to renew,
suspend and revoke licenses in accordance with this act.
(3) To implement, administer and enforce the provisions
of this act.
(4) To promulgate and enforce regulations to implement,
administer and enforce this act.
(5) To waive an applicant's licensure examination and
provide for a probationary period not to exceed one year, if
the applicants meet the requirements provided in section 501.
(6) To place an active license on an inactive status
which shall be subject to an inactive status fee provided in
section 501(f).
(7) To investigate and conduct background checks for
each application for a license to determine the fitness and
eligibility of a person applying for a license.
(8) To establish fees for application and renewal of
licenses and the due dates for all fees.
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(9) To keep minutes and records of each transaction and
proceeding.
(10) To submit annually to the department an estimate of
financial requirements of the board, including
administrative, legal and other expenses.
(11) To submit an annual report to the Secretary of the
Senate and the Chief Clerk of the House of Representatives.
(b) Materials.--The board may facilitate the development of
materials that the director may utilize to educate the public
concerning professional music therapist licensure, the benefits
of music therapy and utilization of music therapy by individuals
and in facilities or institutional settings.
(c) Facilitator.--The board may act as a facilitator of
Statewide dissemination of information between licensed
professional music therapists, the American Music Therapy
Association or any successor organization, the Certification
Board for Music Therapists or any successor organization and the
director.
Section 304. Hearing examiners.
(a) Appointment.--The Commissioner of Professional and
Occupational Affairs, after consultation with the board, shall
appoint hearing examiners as necessary to conduct hearings in
disciplinary matters before the board.
(b) Regulation.--Regulations promulgated by the board shall
include the procedural rules to be followed by hearing examiners
under this act. Each proceeding shall be conducted in accordance
with 2 Pa.C.S. (relating to administrative law and procedure).
(c) Powers.--A hearing examiner shall have the following
powers:
(1) To conduct hearings.
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(2) To issue subpoenas requiring:
(i) The attendance and testimony of individuals.
(ii) The production of pertinent records or other
papers by persons whom the examiner believes have
information relevant to matters pending before the
examiner.
(3) To issue decisions.
Section 305. Civil penalties.
(a) Authorization.--The board shall adopt a schedule of
civil penalties for operating without a current, registered,
unsuspended or unrevoked license for violations of this act. The
schedule shall be published as a notice in the Pennsylvania
Bulletin.
(b) Imposition.--An agent of the board may issue citations
and impose penalties for a violation of this chapter. A penalty
may be appealed to a hearing examiner or the board pursuant to
regulations promulgated by the board. If the matter is initially
referred to a hearing examiner, the board shall render a
decision on an exception to the decision of the hearing examiner
or on an application for review under 2 Pa.C.S. (relating to
administrative law and procedure).
(c) Board sanction.--
(1) In addition to any other penalty authorized by law,
the board may impose the following sanctions:
(i) Revocation or suspension of the license of a
person for willfully and knowingly violating or
attempting to violate an order of the board directed to
the person or to violate any provisions of this act.
(ii) Ineligibility for licensure, including, but not
limited to, falsification of information submitted for
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licensure or failure to maintain status as a licensed
professional music therapist.
(iii) Failure to pay fees required by this act when
due.
(iv) Failure to provide requested information in a
timely manner.
(v) Conviction of an offense graded as a felony.
(vi) Conviction of an offense that reflects an
inability to practice music therapy with due regard for
the health and safety of clients and patients or with due
regard for the truth in filing claims with Medicare,
Medicaid or a third-party payor.
(vii) Inability or failure to practice music therapy
with reasonable skill and consistent with the welfare of
clients and patients, including, but not limited to,
negligence in the practice of music therapy,
intoxication, incapacity and abuse of or engaging in
sexual contact with a client or patient.
(viii) Disciplinary action by another jurisdiction.
(d) Investigation.--The board may conduct investigations
into allegations of conduct described under this section.
(e) Forms of sanctions.--The board may impose one or more of
the following sanctions for a violation of this act:
(1) suspension;
(2) revocation;
(3) denial;
(4) refusal to renew a license;
(5) probation with conditions;
(6) reprimand; or
(7) a fine of not less than $100 nor more than $1,000
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for each violation.
(f) Written notice.--
(1) If the board refuses to issue or renew a license or
imposes a penalty under this section, the board shall provide
the applicant or licensee with written notification of the
decision, including a statement of the reasons for the
decision by certified mail within five business days of the
decision of the board.
(2) The applicant or licensee shall have the right to
appeal the decision in accordance with 2 Pa.C.S. Chs. 5
(relating to practice and procedure) and 7 (relating to
judicial review).
(g) Additional powers.--
(1) In addition to the penalties authorized under
subsections (a), (b) and (c), the board may assess against a
respondent determined to be in violation of this act the
costs of investigation underlying the disciplinary action.
(2) The cost of investigation shall not include costs
incurred by the board after the filing of formal actions or
disciplinary charges against a respondent.
(h) Judgment.--
(1) A civil penalty or sanction imposed under this
section shall be a judgment in favor of the board and against
the person or property of the person upon whom the sanction
or civil penalty is imposed.
(2) The Attorney General shall enforce the judgments in
courts of competent jurisdiction in accordance with the
provisions of 42 Pa.C.S. (relating to judiciary and judicial
procedure).
Section 306. Financing.
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(a) Setting of fees.--
(1) Beginning two years after the effective date of this
section, the fees required by this act shall be fixed by
regulation of the board.
(2) If revenue raised by fees, fines and civil penalties
imposed under this act are not sufficient to meet
expenditures over a two-year period, the board shall increase
the fees by regulation so that the projected revenues will
meet or exceed projected expenditures.
(b) Renewal fees.--Beginning two years after the effective
date of this section, renewal fees shall be deposited into the
fund.
(c) Inadequate fees.--If the Bureau of Professional and
Occupational Affairs determines that the fees established by the
board under subsection (a) are inadequate to meet the minimum
enforcement efforts required by this act, then the board shall
increase the fees by regulation in an amount that does not
exceed the required enforcement effort expenses.
(d) Disposition.--Fees, fines and civil penalties imposed
and collected under this act shall be for the exclusive use of
the board in carrying out this act and shall be annually
appropriated from the fund for that purpose.
(e) Charging of fees.--The board may charge a reasonable
fee, as set by the board by regulation, for all examinations,
enforcement, licensures or applications permitted by this act or
regulation promulgated under this act.
(f) Civil penalties.--Civil penalties collected under this
act shall be deposited into the fund.
(g) Reports to department.--The board shall submit annually
to the department an estimate of the financial requirements of
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the board for its administrative, investigative, legal and
miscellaneous expenses.
(h) Reports to Appropriations Committee of the Senate and
Appropriations Committee of the House of Representatives.--The
board shall submit annually to the Appropriations Committee of
the Senate and the Appropriations Committee of the House of
Representatives, 15 days after the Governor has submitted his
budget to the General Assembly, a copy of the budget request for
the upcoming fiscal year which the board previously submitted to
the department.
(i) Reports to other legislative committees.--The board
shall submit annually a report to the Consumer Protection and
Professional Licensure Committee of the Senate and to the
Professional Licensure Committee of the House of Representatives
containing a description of the types of complaints received,
status of cases, board action which has been taken and the
length of time from the initial complaint to final board
resolution. The report shall also include a statement of the
number of licenses granted.
Section 307. Professional Music Therapy Licensing Fund.
The Professional Music Therapy Licensing Fund is established
in the State Treasury. The fund shall consist of the fees and
penalties collected under this act.
CHAPTER 5
LICENSING
Section 501. Music therapists.
(a) General rule.--No person without a license issued under
this act as a licensed professional music therapist may use the
title "music therapist" or similar title or practice music
therapy.
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(b) Licensing.--The board shall license music therapists to
practice music therapy in this Commonwealth. The licensing
period shall be biennial, ending on December 31 every odd-
numbered year. The initial license fee shall be prorated
quarterly based upon the time period remaining in the two-year
cycle at application. The board may also issue temporary
licenses.
(c) Imposition of fees.--
(1) At the time of license issuance, the board shall
impose a licensing fee in the amount of $100.
(2) The board shall impose a biennial $50 renewal fee
following the second year the license was issued.
(3) Renewal fees shall thereafter be subject to
adjustment under section 306(b).
(4) The temporary license fee shall be in the amount of
$100. The cost of the temporary license fee shall be applied
toward the initial license fee upon receipt of application
for the initial license.
(5) The board shall impose a verification of licensure
fee in the amount of $10.
(6) An additional late filing fee shall be charged on
renewal applications not received by December 31 every odd-
numbered year. The late filing fee shall be $75.
(7) The duplicate license fee for a license certificate
shall be $25. The duplicate license fee for a license wallet
card shall be $20.
(d) Term.--Upon payment of the fee under subsection (c), a
license shall be in effect unless suspended, revoked or not
renewed by the board for good cause.
(e) Renewal.--
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(1) A license shall be renewed upon payment of a renewal
fee if the applicant is not in violation of any of the terms
of this act at the time of application for renewal. The
following shall also be required for license renewal:
(i) Proof of maintenance of the applicant's status
as a board-certified licensed professional music
therapist.
(ii) Proof of completion of a minimum of 40 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 established by the board.
(iii) Timely renewal of the license by the licensee.
(2) Failure to renew a license shall result in
forfeiture of the license.
(3) A license that has been forfeited under paragraph
(2) may be restored within one year of the expiration date
upon payment of renewal and restoration fees.
(4) Failure to restore a forfeited license within one
year of the date of expiration shall result in the automatic
termination of the license, and the board may require the
individual to reapply for licensure as a new applicant.
(f) Inactive status fee.--
(1) Upon written request of a licensee, the board may
place an active license on an inactive status subject to an
inactive status fee of $75. A person who is placed on
inactive status may not practice music therapy.
(2) The licensee, upon request and payment of the
inactive license fee, may continue on inactive status for a
period of up to one year.
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(3) An inactive license may be reactivated at any time
by making a written request to the board and by fulfilling
requirements established by the board.
(g) Update.--A licensee under this section must notify the
board of a change relating to the status of its license or other
information contained in its application and other information
filed with the board.
(h) Deposit.--The licensure and renewal fees under
subsection (c) and the inactive status fee under subsection (f)
shall be deposited into the fund.
(i) Qualifications.--The board shall issue to an applicant a
professional music therapy license if the applicant has
completed and submitted an application upon a form and in such
manner as the board prescribes, accompanied by applicable fees
and evidence satisfactory to the board that:
(1) The applicant is at least 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
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.
(4) The applicant is in good standing based on a review
of the applicant's professional music therapy licensure
history in other jurisdictions, including a review of any
alleged misconduct or neglect in the practice of music
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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 of being transitioned into board
certification and provides proof that the applicant is
currently a licensed professional music therapist.
(j) Reciprocity.--The board may issue a license to an
applicant for a professional music therapy license if the
applicant has completed and submitted an application upon a form
and in such manner as the board prescribes, accompanied by
applicable fees, and evidence satisfactory to the board that the
applicant is licensed and in good standing as a licensed
professional music therapist in another jurisdiction where the
qualifications required are equal to or greater than those
required in this act at the date of application.
(k) Waiver of examination.--The board may waive the
examination requirement and provide for a probationary period
for an applicant for one year if the person:
(1) Has a bachelor's degree or higher in music therapy
from an accredited college or university recognized by the
Commonwealth and is designated as a registered music
therapist, certified music therapist or advanced certified
music therapist and in good standing with the National Music
Therapy Registry.
(2) 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
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successor organization, or both.
(3) Is in good standing based on a review of the
applicant's professional 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.
(4) Provides proof of passing the examination for board
certification offered by the Certification Board for Music
Therapists or any successor organization or of being
transitioned into board certification and provides proof that
the applicant is currently a licensed professional music
therapist.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. (Reserved).
Section 702. Effective date.
This act shall take effect in 60 days.
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