AN ACT relating to music therapy.

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AN ACT relating to music therapy. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 11 of this Act, unless the context requires otherwise: 5
(1) "Board" means the Kentucky Board of Licensure for Professional Music 6
Therapists created under Section 2 of this Act; 7
(2) "Board-certified music therapist" means a person who holds current board 8
certification from the Certification Board for Music Therapists; 9
(3) "Licensed professional music therapist" or "LPMT" means a person who has 10
been issued a license by the board for the practice of music therapy as an allied 11
health professional; 12
(4) "Music therapy" means the clinical and evidence -based use of music therapy 13
interventions to accomplish individualized goals for people of all ages and ability 14
levels within a therapeutic relationship by a board-certified music therapist; 15
(5) "Music therapy interventions" include but are not limited to: 16
(a) Music improvisation; 17
(b) Receptive music listening; 18
(c) Songwriting; 19
(d) Song lyric discussion; 20
(e) Imagery and music; 21
(f) Singing; 22
(g) Music performance; 23
(h) Learning through music; 24
(i) Music combined with other arts; 25
(j) Music-assisted relaxation; 26
(k) Music-based patient education; 27
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(l) Electronic music technology; 1
(m) Adapted music intervention; and 2
(n) Movement to music; 3
(6) "Music therapy treatment plan" means an individualized treatment plan within 4
an interdisciplinary team, as applicable, with goals, objectives, and potential 5
strategies of the music therapy interventions that are appropriate for the client 6
and setting; and 7
(7) "Practice of music therapy": 8
(a) Includes but is not limited to: 9
1. Accepting referrals for music therapy services from: 10
a. Medical, mental health, or education professionals; 11
b. Family members; 12
c. Clients; 13
d. Caregivers; and 14
e. Others involved and authorized with the provision of client 15
services; 16
2. Conducting a music therapy a ssessment of a client to determine if 17
music therapy treatment is indicated. If treatment is indicated, 18
collecting systematic, comprehensive, and accurate information to 19
determine the type of music therapy service to provide; 20
3. Developing a music therapy treatment plan; 21
4. Implementing a music therapy treatment plan that is consistent with 22
any other services being provided; 23
5. Evaluating the client's response to the music therapy treatment plan, 24
documenting any change or progress, and suggesting modifications as 25
appropriate; 26
6. Developing a plan for determining when the provision of music 27
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therapy services is no longer needed in collaboration with the client, 1
physician, other health care provider, and any other appropriate 2
person the client relies on for support; 3
7. Minimizing any barriers to ensure that the client receives music 4
therapy services in the least restrictive environment; and 5
8. Collaborating with and educating a client's support system on the 6
needs of the client that a re being addressed in music therapy and the 7
manner in which the treatment plan is addressing those needs; and 8
(b) Does not include the screening, diagnosis, or assessment of any physical, 9
mental, or communication disorder, or the administration of psycholo gical 10
testing. 11
SECTION 2. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) There is hereby created the Kentucky Board of Licensure for Professional Music 14
Therapists that shall be attached to the Depart ment of Professional Licensing in 15
the Public Protection Cabinet for administrative purposes. The board shall 16
consist of five (5) members who are United States citizens and have been 17
Kentucky residents for at least five (5) years prior to appointment. The b oard 18
membership shall be as follows: 19
(a) Three (3) members shall be music therapists who are licensed under Section 20
4 of this Act and have engaged in the teaching or practice of music therapy 21
for at least three (3) years. The member shall not hold any elec ted or 22
appointed office in any professional organization of music therapy or 23
closely related field during his or her tenure on the board; 24
(b) One (1) member shall be a health care provider as defined in KRS 304.17A -25
005 who is not a music therapist. This me mber shall not hold any elected or 26
appointed office in any professional organization of music therapy or 27
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closely related field during his or her tenure on the board; and 1
(c) One (1) member shall represent the public. The public member shall not 2
have been l icensed or have practiced as a music therapist, nor have any 3
significant financial interest, either direct or indirect, in the profession of 4
music therapy. 5
(2) All members of the board shall be appointed by the Governor for staggered terms 6
of four (4) years. 7
(3) Each member shall hold office until a successor is appointed. Vacancies shall be 8
filled in the same manner as original appointments. Members may serve 9
consecutive terms. 10
(4) Members of the board shall receive no compensation, perquisite, or allowance. 11
(5) The board shall annually elect from its membership a chairperson, secretary, and 12
other officers as necessary to carry out its duties. 13
(6) (a) The board shall meet at least four (4) times each year. Additional meetings 14
may be called by the chairperso n upon the written request of at least (2) 15
members of the board. 16
(b) A simple majority of the board members shall constitute a quorum of the 17
board. 18
SECTION 3. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) The board shall promulgate administrative regulations in accordance with KRS 21
Chapter 13A as necessary to carry out the provisions of Sections 1 to 11 of this 22
Act, including: 23
(a) Issuing and renewing licenses to applicants who meet the requirements o f 24
Sections 4 and 5 of this Act; 25
(b) Denying, suspending, or revoking a license to practice music therapy; 26
(c) Censuring, reprimanding, or placing a license holder or applicant on 27
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probation or under supervisory conditions for a period not to exceed one (1) 1
year; 2
(d) Maintaining a current register of license holders as a matter of public 3
record; 4
(e) Establishing procedures for receiving, investigating, and resolving 5
complaints against license holders; 6
(f) Conducting administrative hearings in accordance with KRS Chapter 13B 7
for disciplinary actions taken under authority of paragraphs (b) and (c) of 8
this subsection and Sections 7 and 8 of this Act; 9
(g) 1. Assessing fees for the issuance and renewal of licens es to cover 10
administrative and operating expenses of the board; and 11
2. Authorizing all disbursements necessary to carry out the provisions of 12
Sections 1 to 11 of this Act; and 13
(h) Establishing: 14
1. A code of ethics for license holders; 15
2. Continuing educat ion requirements by adopting the Certification 16
Board for Music Therapists guidelines on continuing education; and 17
3. Conditions for inactive status and return to active status for license 18
holders. 19
(2) The board shall set through administrative regulation t he amount of the fees 20
required to be paid by applicants for licensure and license holders, including but 21
not limited to: 22
(a) For an application for initial licensure as a licensed professional music 23
therapist, a nonrefundable fee not to exceed two hundred dollars ($200); 24
(b) A renewal fee for a licensed professional music therapist not to exceed two 25
hundred dollars ($200); 26
(c) For a duplicate or replacement license, a fee not to exceed twenty -five 27
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dollars ($25); 1
(d) For failure to renew a license for a lice nsed professional music therapist 2
within the allotted grace period pursuant to Section 5 of this Act, a 3
reinstatement fee not to exceed one hundred dollars ($100); and 4
(e) Other reasonable fees for administrative services. 5
SECTION 4. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) The board shall issue a license, for a period of two (2) years, as a music therapist 8
to any person who files a completed application, accompanied by the required 9
fees, and who submits satisfactory evidence that the applicant is at least eighteen 10
(18) years of age and demonstrates professional competence by: 11
(a) Holding a bachelor's degree or higher in music therapy or its equivalent, 12
including clinical training hours from a program approved by the American 13
Music Therapy Association or any successor organization within an 14
accredited college or university; and 15
(b) Providing proof: 16
1. Of: 17
a. Passing the examination for board certification offered by the 18
Certification Board for Mus ic Therapists or any successor 19
organization; or 20
b. Being transitioned into board certification; and 21
2. That the applicant is currently a board-certified music therapist. 22
(2) The board may issue a license to an applicant without examination by the 23
Certification Board for Music Therapists or who has not met the requirements 24
established by the American Music Therapy Association if the person possesses a 25
valid regulatory document issued by the appropriate examining board under the 26
laws of any other state or ter ritory of the United States, the District of Columbia, 27
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or any foreign nation that, in the judgment of the board, has requirements 1
substantially equivalent to or exceeding the requirements in this section. 2
(3) The board may facilitate the development of mat erials to educate the public 3
concerning music therapist licensure. 4
SECTION 5. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) After December 31, 2027, each license holder shall renew his or her licens e to 7
practice music therapy biennially by: 8
(a) Submitting a renewal application on a form provided by the board; 9
(b) Paying the license renewal fee; and 10
(c) Producing evidence of maintenance of the applicant's status as a board -11
certified music therapist. 12
(2) A ninety (90) day grace period shall be allowed for each license holder after the 13
licensure period, during which time the license may be renewed upon paym ent of 14
the renewal fee, the late fee, and compliance with all renewal requirements. 15
(3) (a) Any license granted by the board shall be automatically suspended if the 16
holder fails to apply for the license renewal pursuant to this section within a 17
period of ninety (90) days after the renewal deadline. 18
(b) Any suspended license may be restored by the board upon payment of a 19
reinstatement fee, not to exceed one hundred dollars ($100), in addition to 20
any unpaid renewal or late fees. 21
(c) Failure to renew a license within ninety (90) days from the date of 22
suspension as provided in this section shall cause the license to be 23
automatically revoked. 24
(d) Reinstatement of a revoked license shall require the license holder to 25
reapply and meet all current standards for lice nsure required by Sections 1 26
to 11 of this Act. 27
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(4) A person licensed under Section 4 of this Act who intends to retire as a licensed 1
professional music therapist shall notify the board in writing before the 2
expiration of his or her current license. If, wi thin a period of five (5) years from 3
the year of retirement, the license holder wishes to resume practice as a licensed 4
professional music therapist, he or she shall notify the board in writing and upon 5
giving proof of completing the required continuing ed ucation and the payment of 6
an amount equivalent to elapsed renewal fees, the license shall be restored in full 7
effect. 8
SECTION 6. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 9
READ AS FOLLOWS: 10
(1) After December 31, 2027, a person shall not: 11
(a) Engage in the practice of music therapy; or 12
(b) Use the title "board-certified music therapist," "licensed professional music 13
therapist," "LPMT," or a title or letters that are substantially the same, or 14
hold himself or herself out as having this status; 15
unless he or she is licensed by the board under Sections 1 to 11 of this Act. 16
(2) (a) Sections 1 to 11 of this Act shall not apply to a person licensed, certified, or 17
registered under any other provision of the Kentucky Revised S tatutes, or 18
personnel supervised by a licensed professional, who is performing work, 19
including the use of music, incidental to the practice of his or her licensed, 20
certified, or regulated profession or occupation if that person does not 21
represent himself o r herself as a music therapist. This includes but is not 22
limited to: 23
1. Physicians; 24
2. Psychologists; 25
3. Psychoanalysts; 26
4. Registered nurses; 27
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5. Physical therapists; 1
6. Marriage and family therapists; 2
7. Social workers; 3
8. Occupational therapists; 4
9. Professional or rehabilitation counselors; and 5
10. Speech-language pathologists or audiologists. 6
(b) Sections 1 to 11 of this Act shall not be construed to limit, interfere with, or 7
restrict the practice, descriptions of services, or manner in which a person 8
described in paragraph (a) of this subsection holds himself of herself out to 9
the public. 10
(c) Sections 1 to 11 of this Act shall not apply to a person whose training and 11
national certification attests to his or her preparation and ability to practice 12
his or her certified profession or occupation if that person does not 13
represent himself or herself as a music therapist. 14
(d) Sections 1 to 11 of this Act shall not be construed to alter, amend, or 15
interfere with the practice of employment counseling, job placement 16
counseling, or school counseling. 17
(3) Sections 1 to 11 of this Act shall not be construed to a pply to the activities and 18
services of a student intern or trainee in music therapy who is pursuing a 19
program of studies in music therapy if the: 20
(a) Activities are performed under the supervision of a licensed professional 21
music therapist; 22
(b) Activities constitute a part of the supervised program of study; and 23
(c) Person is designated as a music therapist intern or student in training. 24
SECTION 7. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) The bo ard may refuse to issue, deny, suspend or revoke, impose probationary 27
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conditions upon, issue a written reprimand or admonishment, or perform any 1
combination thereof regarding any license held or applied for under the 2
provisions of Section 4 of this Act if the person: 3
(a) Is found guilty of fraud, deceit, or misrepresentation in procuring or 4
renewing or attempting to procure or renew a license to practice music 5
therapy; 6
(b) Committed any unfair, false, misleading, or deceptive act or practice; 7
(c) Has been negligent in the practice of music therapy; 8
(d) Is adjudicated mentally incompetent by a court; 9
(e) Has been convicted of a misdemeanor or felony involving sexual 10
misconduct or where dishonesty is a necessary element, if in accordance 11
with KRS Chapter 335B. Conviction shall include all instances in which a 12
plea of no contest is the basis of the conviction. A certified copy of the 13
record of conviction shall be conclusive evidence of the conviction; 14
(f) Is found guilty of unprofessional or unethical conduct in this or any other 15
jurisdiction; 16
(g) Has been using any controlled substance or alcoholic beverage to an extent 17
or in a manner dangerous to the person, any other person, or the public, or 18
to an extent that the use impairs the ability to perform as a licens ed 19
professional music therapist; 20
(h) Has violated any provision of Sections 1 to 11 of this Act or administrative 21
regulations promulgated thereunder; 22
(i) Failed to comply with an order issued by the board or an assurance of 23
voluntary compliance; or 24
(j) Willfully or negligently divulges a professional confidence. 25
(2) Disciplinary proceedings may be initiated upon the receipt by the board of a 26
sworn complaint by any person, including members of the board. 27
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(3) No sooner than two (2) years from the date of revo cation, any person whose 1
license has been revoked may petition the board for reinstatement. The board 2
shall investigate the petition and may reinstate the licensee if the board finds that 3
the individual has complied with any terms prescribed by the board a nd is able to 4
competently engage in the practice of music therapy. 5
(4) If, after an investigation that includes an opportunity for the licensee to respond, 6
the board determines that a violation took place but was not of a serious nature, it 7
may issue a wri tten admonishment to the licensee. A copy of the admonishment 8
shall be placed in the permanent file of the licensee. The licensee shall have the 9
right to file a response to the admonishment within thirty (30) days of its receipt 10
and to have the response pl aced in the permanent file of the licensee. The 11
licensee may alternatively, within thirty (30) days of the receipt, file a request for 12
a hearing with the board. Upon receipt of this request, the board shall set aside 13
the written admonishment and set the ma tter for a hearing under KRS Chapter 14
13B. 15
(5) The surrender of a license shall not deprive the board of its jurisdiction to 16
proceed with actions authorized under Sections 1 to 11 of this Act. 17
SECTION 8. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) Before denying, revoking, suspending, imposing probationary or supervisory 20
conditions upon a license, issuing a written reprimand or admonishment, or 21
doing any combination of those regarding any licensee o r applicant under 22
Sections 1 to 11 of this Act, the board shall set the matter for hearing under KRS 23
Chapter 13B. 24
(2) After revoking, suspending, imposing probationary or supervisory conditions 25
upon a license, issuing a written reprimand or admonishment, o r doing any 26
combination of those regarding any licensee or applicant, the board shall set the 27
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matter for a hearing upon the written request of the applicant or licensee within 1
thirty (30) days of the applicant's or licensee's receipt of the letter advising him or 2
her of the denial, refusal, admonishment, revocation, suspension, or other 3
disciplinary action taken. 4
(3) Any party aggrieved by a final order of the board may appeal to the Circuit Court 5
of the county where the alleged violation occurred as provided under KRS 6
Chapter 13B. 7
SECTION 9. A NEW SECTION OF KRS CHAPTER 309 IS CREAT ED TO 8
READ AS FOLLOWS: 9
(1) Before a licensed professional music therapist provides music therapy services to 10
a client for an identified clinical or developmental need, or a mental health or 11
substance use disorder, the licensee shall review the client's dia gnosis, treatment 12
needs, and treatment plan with the health care providers involved in the client's 13
care. 14
(2) Before a licensed professional music therapist provides music therapy services to 15
a student for an identified educational need in a special educat ion setting, the 16
licensee shall review the individualized family service plan or review with the 17
education program team the student's diagnosis, treatment needs, and treatment 18
plan. 19
(3) During the provision of music therapy services to a client, the licens ed 20
professional music therapist shall: 21
(a) Collaborate, as applicable, with the client's health care providers; 22
(b) If the client has a communication disorder, collaborate and discuss the 23
music therapy treatment plan with the client's audiologist or speech -24
language pathologist so that a music therapist may work with the client and 25
address communication skills; and 26
(c) If the client has a mental health or substance use disorder, collaborate and 27
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discuss the music therapy treatment plan with the client's prima ry mental 1
health or substance use disorder professional so that a music therapist may 2
work with the client to help address mental health or substance use disorder 3
needs. 4
(4) When providing educational or health care services, a licensed professional 5
music therapist shall not replace the services provided by an audiologist or a 6
speech-language pathologist. 7
(5) Unless authorized to practice speech -language pathology, Sections 1 to 11 of this 8
Act shall not authorize a licensed professional music therapist to e valuate, 9
examine, instruct, or counsel on speech, language, communication, or 10
swallowing disorders and conditions. 11
(6) A licensed professional music therapist shall not represent himself or herself as 12
authorized to treat a communication disorder, but may r epresent himself or 13
herself as working with clients who have communication disorders and address 14
communication skills. 15
(7) A licensed professional music therapist shall not represent himself or herself as 16
authorized to treat a mental health or substance us e disorder, but may represent 17
himself or herself as working with clients who have a mental health or substance 18
use disorder when in communication with a client's primary mental health or 19
substance use disorder professional. 20
SECTION 10. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) There is hereby created in the State T reasury a trust and agency account to be 23
known as the Kentucky Board of Licensure for Professional Music Therapists 24
fund. All moneys received by the board under Sections 1 to 11 of this Act shall be 25
deposited into this fund and shall be used by the board f or the administration of 26
the board and for carrying out the provisions of Sections 1 to 11 of this Act. 27
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(2) The fund shall be administered by the Department of Professional Licensing in 1
the Public Protection Cabinet. 2
(3) Notwithstanding KRS 45.229, amounts in the fund at the close of any fiscal year 3
shall not lapse but shall be carried forward into the next fiscal year. 4
SECTION 11. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 5
READ AS FOLLOWS: 6
Any person who violates or aids in the violation of Sections 1 to 11 of this Act shall, 7
upon conviction, be fined not less than five hundred dollars ($500) nor more than one 8
thousand dollars ($1,000). 9
Section 12. The initial appointments to the Ke ntucky Board of Licensure for 10
Professional Music Therapists shall consist of three (3) music therapists who are not 11
licensed under Section 4 of this Act but who have been engaged in their respective 12
practices for at least five (5) years. Once licensing und er this Act is implemented, music 13
therapists appointed to the board shall hold the requisite license. The initial appointments 14
of board members shall have staggered terms as follows: 15
(1) Two (2) members shall serve a term of three (3) years; 16
(2) Two (2) members shall serve a term of two (2) years; and 17
(3) One (1) member shall serve a term of one (1) year. 18