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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning professional regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Music
5 Therapy Registration Act.
 
6     Section 5. Purpose. In order to safeguard the public
7 health, safety and welfare, to protect the public from being
8 misled by incompetent and unauthorized persons, to assure the
9 highest degree of professional conduct on the part of music
10 therapists, and to assure the availability of music therapy
11 services of high quality to persons in need of such services,
12 it is the purpose of this Act to provide for the regulation of
13 persons offering music therapy services to the public.
 
14     Section 10. Definitions. As used in this Act:
15     "Registered music therapist" means a person registered to
16 practice music therapy in the State of Illinois.
17     "Music therapy" means the clinical and evidence-based use
18 of music interventions to accomplish individualized goals
19 within a therapeutic relationship by a credentialed
20 professional who has completed an approved music therapy
21 program.
22     "Music therapy" may include the following:

 

 

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1         (1) The assessment of a client's emotional and physical
2     health, social functioning, communication abilities, and
3     cognitive skills through the client's history and the
4     observation and interaction of the client in music and
5     non-music settings.
6         (2) The development and implementation of treatment
7     plans, based on a client's assessed needs, using music
8     interventions including music improvisation, receptive
9     music listening, song writing, lyric discussion, music and
10     imagery, music performance, learning through music, and
11     movement to music.
12         (3) The evaluation and documentation of the client's
13     response to treatment.
14         (4) Conducting an individualized assessment for the
15     purpose of collecting systematic, comprehensive, and
16     accurate data necessary to determine the course of action
17     and subsequent individualized treatment plan.
18         (5) Planning and developing the individualized music
19     therapy treatment plan that identifies an individual's
20     goals, objectives, and potential treatment intervention
21     strategies.
22         (6) Implementing the individualized music therapy
23     treatment plan that is consistent with the individual's
24     overall treatment program.
25         (7) Systematically evaluating and comparing the
26     individual's response to the individualized music therapy

 

 

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1     treatment plan and suggesting modifications as
2     appropriate.
3         (8) Developing a discharge plan in collaboration with
4     the individual, the individual's family, the treatment
5     team, and other identified support networks where
6     appropriate.
7         (9) Minimizing the impact of environmental constraints
8     as a barrier to participation in least restrictive
9     environments for individuals engaging in music therapy.
10         (10) Collaborating with and educating the individual,
11     family, caregiver, and others to foster an environment that
12     is responsive to the developmental needs of the individual
13     as addressed in music therapy.
14         (11) Consulting with groups, programs, organizations,
15     or communities to improve accessibility to music therapy
16     services.
17     "Department" means the Department of Financial and
18 Professional Regulation.
19     "Committee" means the Music Therapy Committee.
 
20     Section 15. Unregistered practice; exemptions.
21     (a) No person shall practice or hold himself or herself out
22 as being able to practice music therapy or provide music
23 therapy services in this State unless the person is registered
24 in accordance with the provisions of this Act.
25     (b) Nothing in this Act shall be construed to prevent or

 

 

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1 restrict the practice, services, or activities of the
2 following:
3         (1) Any person licensed in another profession or
4     personnel supervised by a licensed professional in this
5     State performing work incidental to the practice of his or
6     her profession or occupation, if that person does not
7     represent himself or herself as a registered music
8     therapist.
9         (2) Any person enrolled in a course of study leading to
10     a degree in music therapy performing music therapy services
11     incidental to the person's course work when supervised by a
12     registered professional, if the person is designated by a
13     title that clearly indicates his or her status as a
14     student.
15         (3) Any person whose training and national
16     certification attests to the individual's preparation and
17     ability to practice his or her profession, if that person
18     does not represent himself or herself as a registered music
19     therapist.
20         (4) Any person employed by an agency, bureau, or
21     division of the federal government while in the discharge
22     of official duties; provided, however, if such individual
23     engages in the practice of music therapy outside the course
24     of official duty, then the individual must be registered as
25     provided in this Act.
 

 

 

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1     Section 20. The Music Therapy Committee.
2     (a) There is hereby established the Music Therapy Committee
3 to assist the Department with respect to the required
4 examination for applicants and to advise the Department on all
5 matters pertaining to the registration, education, and
6 continuing education of registered music therapists and the
7 practice of music therapy.
8     (b) The Committee shall consist of 5 members who shall be
9 appointed by the Secretary of the Department as follows:
10         (1) three members, who shall, upon initial
11     appointment, be qualified persons who have been actively
12     practicing music therapy in this State for at least 3
13     years, and thereafter shall be registered music
14     therapists; and
15         (2) two members, who shall be lay persons.
16     (c) The professional members of the Committee shall be
17 appointed for staggered terms of one, two, and three years,
18 respectively. Terms of office of each appointed member shall
19 expire on July 1 of the year in which they expire, regardless
20 of the date when the appointments were made. Subsequent
21 appointments shall be made for a term of 3 years and until
22 successors are appointed and have qualified. The lay members
23 shall be appointed for staggered terms of office with the
24 initial terms expiring on July 1, 2011 and July 1, 2012.
25 Thereafter, members appointed to these positions shall serve
26 for terms of 3 years and until successors are appointed and

 

 

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1 have qualified. Vacancies shall be filled by the Secretary in
2 the same manner for the remainder of the term.
3     (d) Members of the Committee shall be reimbursed for all
4 actual and necessary expenses incurred in the performance of
5 duties required by this Act.
6     (e) The Committee shall meet at least every 3 months. At
7 the initial meeting of the Committee, members shall elect a
8 chair. Three members of the Committee shall constitute a quorum
9 for the purpose of conducting official business of the
10 Committee.
11     (f) The Committee shall have the following powers and
12 duties:
13         (1) To advise the Department on all matters pertaining
14     to the registration, education, and continuing education
15     requirements for and practice of music therapy in this
16     State.
17         (2) To assist and advise the Department in all hearings
18     involving music therapists who are deemed to be in
19     violation of this Act.
 
20     Section 25. Powers and duties of the Department. The
21 Department shall have the following powers and duties:
22         (1) To adopt rules necessary for the performance of its
23     duties under this Act, including the requirements for
24     registration, standards for training, standards for
25     institutions for training, standards of practice after

 

 

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1     registration, and standards and procedures for revocation
2     of a registration.
3         (2) To determine, as recommended by the Committee, the
4     qualifications of applicants for registration and to
5     determine which applicants successfully passed the
6     required examination.
7         (3) To determine necessary fees to carry out the
8     provisions of this Act.
9         (4) To make such investigations and inspections as are
10     necessary to ensure compliance with this Act or any rule
11     adopted pursuant to this Act.
12         (5) To conduct hearings as required by the provisions
13     of the Administrative Procedures Act.
14         (6) To suspend, revoke, or deny the registration of any
15     music therapist for violation of this Act or any rules
16     adopted pursuant to this Act.
17         (7) To maintain a record listing the name of each music
18     therapist registered in this State.
19         (8) To compile a list of music therapists registered to
20     practice in this State. The list shall be available to any
21     person upon application to the Department and payment of
22     the fee determined by the Department.
23         (9) To make such expenditures and employ such personnel
24     as it may deem necessary for the administration of this
25     Act.
 

 

 

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1     Section 30. Registration as music therapist;
2 qualifications.
3     (a) To be eligible for registration as a music therapist,
4 an applicant shall:
5         (1) be at least 18 years of age;
6         (2) be of good moral character;
7         (3) have successfully completed an academic program
8     approved by the American Music Therapy Association (AMTA)
9     with a baccalaureate degree or higher from an accredited
10     college or university with a major in music therapy;
11         (4) have successfully completed a minimum of 1200 hours
12     of clinical training, with at least 180 hours in
13     pre-internship experiences and at least 900 hours in
14     internship experiences. Internship programs may be
15     approved by an academic institution, the American Music
16     Therapy Association, or both; and
17         (5) have successfully completed the board
18     certification exam offered by the Certification Board for
19     Music Therapists.
20     (b) Notwithstanding subsection (a) of this Section, the
21 Department shall grant initial registrations to music
22 therapists who were certified by the Certification Board for
23 Music Therapists prior to July 1, 2010, and who hold an active
24 MT-BC credential.
 
25     Section 35. Registration renewals; continuing education.

 

 

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1     (a) Initial registrations and renewals shall be valid for 5
2 years.
3     (b) A person registered as a music therapist may renew his
4 or her registration with the Department if he or she has:
5         (1) completed a minimum of 100 hours of music therapy
6     service; and
7         (2) met continuing competency requirements by
8     completing a minimum of 100 hours of Continuing Music
9     Therapy Education (CMTE) programs as approved by the
10     Certification Board of Music Therapists and other
11     requirements established by rule of the Department.
12     (c) The Department may, upon notice and opportunity for a
13 hearing, deny an application for renewal or renew the
14 registration with conditions. Conditions imposed may include a
15 requirement for continuing education, practice under the
16 supervision of a registered music therapist, or any other
17 conditions deemed appropriate by the Department.
 
18     Section 40. Use of title.
19     (a) A registered music therapist may use the letters
20 MT-BC/R (Music Therapist-Board Certified/Registered) in
21 connection with his or her name, unless he or she fails to
22 maintain his or her certification with the Certification Board
23 for Music Therapists.
24     (b) A person or business entity, and its employees, agents,
25 or representatives, shall not use in conjunction with that

 

 

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1 person's name or the activity of the business the words
2 "Registered Music Therapist," "Music Therapy", "Music
3 Therapist", the letters "MT", "MT-BC", or "MT-BC/R", or any
4 other words, abbreviations, or insignia indicating or implying
5 directly or indirectly that music therapy is provided or
6 supplied, including the billing of services labeled as music
7 therapy, unless such services are provided under the direction
8 of a registered music therapist under this Act.
 
9     Section 45. Referrals not required.
10     (a) A registered music therapist may perform a consultation
11 and evaluation without a referral. Initiation of music therapy
12 services to an individual for a medical condition shall be
13 based on a referral from a qualified health care professional
14 who, within the scope of his or her professional license, is
15 authorized to refer for health care services.
16     (b) Prevention, wellness, education, adaptive, and related
17 services do not require a referral.
 
18     Section 50. Delegation; client safety.
19     (a) No person may coerce a registered music therapist into
20 compromising client safety by requiring the registered music
21 therapist to delegate any activity or task.
22     (b) A registered music therapist shall not be subject to
23 disciplinary action by the Department for refusing to delegate
24 activities or tasks, or refusing to provide the required

 

 

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1 training for delegation, if the registered music therapist
2 determines that the delegation may compromise client safety.
 
3     Section 55. Reciprocity; temporary registration.
4     (a) Upon payment to the Department of the registration fee
5 and submission of a written application on forms provided by
6 the Department, the Department may issue a registration without
7 examination to any person who is licensed or otherwise
8 certified as a Music Therapist-Board Certified (MT-BC) by
9 another state or national certifying body that has
10 substantially the same standards for registration or licensure
11 as are required by this Act.
12     (b) Upon proper application and payment of fees, the
13 Department may issue a temporary registration to a person who
14 has applied for a registration under this Act and who is
15 eligible to take the examination required under this Act. The
16 temporary registration shall be available to an applicant only
17 with respect to his or her first application for registration.
18 The temporary registration shall expire upon notice that the
19 applicant has or has not passed the examination.
 
20     Section 60. Advertising.
21     (a) No person shall advertise, in any manner, or otherwise
22 represent himself or herself as a registered music therapist or
23 as a provider of music therapy services unless the person is
24 registered under this Act.

 

 

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1     (b) Any person who violates any provision of this Act shall
2 be subject to one or more of the following actions which may be
3 taken by the Department in consultation with the Music Therapy
4 Committee:
5         (1) Revocation of registration;
6         (2) Suspension of registration not to exceed 6 months
7     from the date of hearing; or
8         (3) Invocation of restrictions in the form of probation
9     as defined by the Department.
 
10     Section 99. Effective date. This Act takes effect November
11 1, 2011.