House Engrossed Senate Bill |
State of Arizona Senate Fifty-first Legislature First Regular Session 2013
|
SENATE BILL 1437 |
|
|
AN ACT
Amending title 36, Arizona Revised Statutes, by adding chapter 39; providing for the delayed repeal of title 36, chapter 39, Arizona Revised Statutes, as added by this act; 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. "Board certified music therapist" means a person who has completed the education and clinical training requirements established by the American music therapy association, has passed the certification board for music therapists certification examination or transitioned into board certification, and remains actively certified by the certification board for music therapists.
2. "Director" means the director of the department of health services.
3. "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 does not include the diagnosis of any physical, mental or communication disorder. 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.
36-3902. Qualifications
An applicant for certification 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, or higher, in music therapy from a program approved by the American music therapy association, or any successor organization, and within an accredited college or university, or its equivalent.
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 or certified in another jurisdiction, provide evidence satisfactory to the director that the applicant holds a license or certification 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.
36-3903. Director; duties; exceptions
A. The director shall deposit all monies collected pursuant to this chapter in the health services licensing fund established by section 36-414.
B. The director shall issue a certificate, beginning October 1, 2014, to each applicant who meets the requirements of this chapter.
C. The director may adopt rules to establish fees, certification period, process for renewals and rules necessary to carry out the provisions of this chapter.
D. This chapter 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 board certified 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 board certified music therapist.
3. Any person who practices music therapy under the supervision of a board certified music therapist in pursuit of the minimum hours of clinical training required by this chapter, if the person does not claim to be a board certified music therapist.
4. Any person whose training and national certification attests to the individual's preparation and ability to practice in a certified profession or occupation, if that person does not claim to be a board certified music therapist.
5. The provision of music therapy by a person who is not certified pursuant to this chapter if the person does not claim to be a board certified music therapist.
Sec. 2. Exemption from rule making
For the purposes of this act, the department of health services is exempt from the rule making requirements for title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.
Sec. 3. Delayed repeal
Title 36, chapter 39, Arizona Revised Statutes, as added by this act, is repealed from and after June 30, 2019.