HOUSE BILL No. 6197

 

 

June 12, 2018, Introduced by Rep. Albert and referred to the Committee on Health Policy.

 

      A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 16141 and 16145 (MCL 333.16141 and 333.16145),

 

as amended by 1993 PA 80, and by adding section 16324a and part

 

169A.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 16141. (1) The department shall furnish office services

 

 2  to the committee, the boards, and the task forces; have charge of

 

 3  their offices, records, and money collected; and perform managerial

 

 4  and administrative functions for them.

 

 5        (2) The department shall appoint administrative and

 

 6  secretarial staff, clerks, and employees necessary to allow the

 

 7  proper exercise of the powers and duties of the committee, a board,

 

 8  or a task force. Salaries and other expenses incurred by the


 1  committee, a board, or a task force and staff and expenses for

 

 2  studies and activities authorized under this article shall be paid

 

 3  out of funds appropriated by the legislature for those purposes.

 

 4        (3) The department may promulgate rules to promote the

 

 5  effective and consistent administration of this article. However,

 

 6  the department shall not promulgate rules that constitute the

 

 7  licensure, registration, or examination of health professionals

 

 8  except after consultation with the board or task force for that

 

 9  health profession.

 

10        Sec. 16145. (1) A board may adopt and have an official seal.

 

11        (2) A board or task force may promulgate rules shall consult

 

12  with the department regarding rules it considers necessary or

 

13  appropriate to fulfill its functions as prescribed in under this

 

14  article.

 

15        (3) Only a A board or task force shall promulgate rules to

 

16  specify requirements for licenses, registrations, renewals, and

 

17  examinations , and required passing scores.

 

18        Sec. 16324a. Fees for an individual who is licensed or seeking

 

19  licensure to engage in the practice of music therapy under part

 

20  169A are as follows:

 

 

21

      (a) Application processing fee...............  $  75.00

22

      (b) License fee, per year....................    148.00

 

 

23                            PART 169A

 

24                          MUSIC THERAPY

 

25        Sec. 16931. As used in this part:

 

26        (a) "Accredited" means approved by an accrediting body

 


 1  recognized by the United States Department of Education.

 

 2        (b) "Music therapist" means an individual who is licensed to

 

 3  engage in the practice of music therapy under this part.

 

 4        (c) Subject to subdivision (d), "practice of music therapy"

 

 5  means the clinical and evidence-based use of music interventions to

 

 6  accomplish individualized goals for individuals of all ages and

 

 7  ability levels within a therapeutic relationship by employing

 

 8  strategies and tools that include, but are not limited to, any of

 

 9  the following:

 

10        (i) Developing and implementing individualized music therapy

 

11  treatment plans that are specific to the needs and strengths of the

 

12  client and at a minimum include goals, objectives, and potential

 

13  strategies that are appropriate for the client and setting.

 

14        (ii) Using music therapy techniques such as music

 

15  improvisation, receptive music listening, song writing, lyric

 

16  discussion, music and imagery, singing, music performance, learning

 

17  through music, music combined with other arts, music-assisted

 

18  relaxation, music-based patient education, electronic music

 

19  technology, adapted music intervention, and movement to music.

 

20        (iii) Accepting referrals for music therapy services from

 

21  medical, developmental, mental health, or education professionals;

 

22  family members; clients; caregivers; or others who are involved

 

23  with and authorized to provide services to a client.

 

24        (iv) Before providing music therapy services to a client for

 

25  an identified clinical or developmental need, collaborating with

 

26  the client's treatment team, when appropriate, to review the

 

27  client's diagnosis, treatment needs, and treatment plan; and while


 1  providing music therapy services to a client, collaborating with

 

 2  the client's treatment team, when appropriate.

 

 3        (v) Conducting a music therapy assessment to determine if

 

 4  treatment for a client is indicated, and if treatment for the

 

 5  client is indicated, conducting a music therapy assessment of the

 

 6  client to collect systematic, comprehensive, and accurate

 

 7  information to determine the type of music therapy services that

 

 8  are appropriate for the client.

 

 9        (vi) Developing an individualized music therapy treatment plan

 

10  for a client that is based on the results of a music therapy

 

11  assessment described in subparagraph (v) and includes

 

12  individualized goals and objectives that focus on the assessed

 

13  needs and strengths of the client and specify the music therapy

 

14  approaches and interventions to be used to address those goals and

 

15  objectives.

 

16        (vii) Implementing an individualized music therapy treatment

 

17  plan for a client that is consistent with any other developmental,

 

18  rehabilitative, habilitative, medical, mental health, preventive,

 

19  wellness care, or educational services the client is receiving.

 

20        (viii) Evaluating a client's response to music therapy and the

 

21  music therapy treatment plan, documenting changes and progress, and

 

22  making suggestions for modifications, as appropriate.

 

23        (ix) Developing a plan for determining when a client no longer

 

24  needs music therapy services, in collaboration with the client,

 

25  physician, or other provider of health care or education of the

 

26  client, family members of the client, and any other appropriate

 

27  individual on whom the client relies for support.


 1        (x) Minimizing any barriers to ensure that the client receives

 

 2  music therapy services in the least restrictive environment.

 

 3        (xi) Collaborating with and educating a client and the family,

 

 4  caregiver of the client, or any other appropriate individual,

 

 5  regarding the needs of the client that are being addressed in music

 

 6  therapy and the manner in which the music therapy treatment

 

 7  addresses those needs.

 

 8        (d) "Practice of music therapy" does not include diagnosis or

 

 9  evaluation of any physical, mental, or communication disorder.

 

10        Sec. 16933. (1) The board of music therapy is created in the

 

11  department. The board shall consist of 9 voting members who meet

 

12  the requirements of part 161, as follows:

 

13        (a) Six individuals who are licensed under this part.

 

14        (b) Three public members.

 

15        (2) The term of office of each member of the board created

 

16  under subsection (1), except a member appointed to fill a vacancy,

 

17  expires 4 years after appointment, on June 30 of the year in which

 

18  the term expires.

 

19        Sec. 16935. (1) Only an individual who is licensed or exempt

 

20  under this part shall engage in the practice of music therapy or

 

21  assume or use any title, words, or abbreviations, including the

 

22  title or designation "music therapist", that indicate that the

 

23  individual is authorized to practice music therapy.

 

24        (2) Only an individual who is licensed under this part shall

 

25  use the title "licensed music therapist" or any other designation

 

26  that indicates or implies that the individual is licensed to engage

 

27  in the practice of music therapy.


 1        Sec. 16937. This part does not apply to any of the following:

 

 2        (a) An individual who is licensed, certified, or regulated

 

 3  under the laws of this state in another profession or occupation,

 

 4  or personnel supervised by a licensed professional in this state,

 

 5  performing work, including the use of music, incidental to the

 

 6  practice of his or her licensed, certified, or regulated profession

 

 7  or occupation, if that individual does not represent himself or

 

 8  herself as a music therapist.

 

 9        (b) An individual whose training and national certification

 

10  attests to the individual's preparation and ability to practice his

 

11  or her profession or occupation, if that individual does not

 

12  represent himself or herself as a music therapist.

 

13        Sec. 16939. (1) If it receives a completed application and

 

14  payment of the appropriate application processing and license fee,

 

15  the board shall grant a license under this part to an individual

 

16  who satisfies the requirements of section 16174 and meets all of

 

17  the following requirements:

 

18        (a) If he or she is licensed or certified to engage in the

 

19  practice of music therapy in any other states, that license or

 

20  certification is in good standing.

 

21        (b) Has a bachelor's degree or higher in music therapy, or its

 

22  equivalent, from an accredited college or university with a program

 

23  approved by the American Music Therapy Association, or from a

 

24  successor organization as determined by the board.

 

25        (c) Submits sufficient proof, as determined by the department,

 

26  that he or she has current certification with the Certification

 

27  Board for Music Therapists, or from a successor organization as


 1  determined by the board.

 

 2        (d) Successfully completes a minimum of 1,200 hours of

 

 3  clinical training that includes all of the following:

 

 4        (i) At least 180 hours in preinternship experiences.

 

 5        (ii) At least 900 hours in internship experiences, in an

 

 6  internship that is approved by an academic institution, the

 

 7  American Music Therapy Association, or from a successor

 

 8  organization as determined by the board.

 

 9        (e) Subject to subsection (2), provides proof satisfactory to

 

10  the department that he or she passed the examination for board

 

11  certification offered by the Certification Board for Music

 

12  Therapists, or from a successor organization as determined by the

 

13  board, or provides proof that is satisfactory to the department

 

14  that he or she was transitioned into board certification.

 

15        (f) Meets any other education or training requirements

 

16  established by rule.

 

17        (2) Until January 1, 2020, the board shall waive the

 

18  examination requirement for an applicant who is designated as a

 

19  registered music therapist, certified music therapist, or advanced

 

20  certified music therapist by, and is in good standing with, the

 

21  National Music Therapy Registry, or that meets the requirements for

 

22  that designation as determined by the board.

 

23        Sec. 16941. (1) A license under this part is valid for 4

 

24  years, beginning on the date of issue and ending on the expiration

 

25  date prescribed for music therapists under section 16194.

 

26        (2) The department, in consultation with the board, may

 

27  promulgate rules to require a licensee who is seeking renewal of


 1  his or her licenses to furnish evidence that, during the licensing

 

 2  period immediately preceding the application for renewal, he or she

 

 3  has current certification with the Certification Board for Music

 

 4  Therapists, or meets the standards for that certification, as

 

 5  determined by the board.

 

 6        Enacting section 1. This amendatory act takes effect 90 days

 

 7  after the date it is enacted into law.