HB559.DOC

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:

"CHAPTER

MUSIC THERAPISTS

§ -1 Definitions. For the purposes of this chapter:

"Board" means the music therapy board.

"Department" means the department of commerce and consumer affairs.

"Director" means the director of commerce and consumer affairs.

"Music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program.

"Music therapist" means a person licensed to practice music therapy.

§ -2 License required. No person without a license as a music therapist shall use the title "music therapist" or like title, or perform the duties of a music therapist; provided that this chapter shall not prohibit any practice of music therapy that is an integral part of a program of study for students enrolled in an accredited music therapy program.

§ -3 Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall:

(1) Adopt rules pursuant to chapter 91 to develop standards for licensure of music therapists;

(2) Prepare and administer appropriate examinations for licensure;

(3) Issue, renew, suspend, and revoke licenses;

(4) Investigate and conduct hearings regarding any violation of this chapter or any rules adopted to implement this chapter; and

(5) Establish a fee schedule for the administration and enforcement of this chapter, including but not limited to fees for original licensure, renewal, and license restoration.

§ -4 Music therapy board; established. (a) There is established within the department of commerce and consumer affairs for administrative purposes the state music therapy board.

(b) The director shall appoint five members to the board. Three of these members shall have at least five years of experience in the State in the practice of music therapy.

(c) The director shall consider the recommendations of the board on questions involving standards of professional conduct, discipline, continuing education requirements, and qualifications for licensure under this chapter.

(d) The board shall conduct investigations of allegations of licensee misconduct pursuant to section 92-17, and shall keep a record of all its proceedings and activities. The provisions of chapter 92F shall prevail in the disclosure of information by the board.

§ -5 Qualifications for license. Notwithstanding any other law to the contrary, an individual shall meet the following requirements in order to qualify for a music therapy license:

(1) Apply in writing on a form prescribed by the department and submit the fee set by the department for application;

(2) Hold a bachelor's degree or higher in music therapy from an accredited college or university, the curriculum of which shall at least be designed to impart entry level competencies in three main areas:

(A) Musical foundations;

(B) Clinical foundations; and

and in addition to the academic coursework, at least 1,200 hours of clinical training; provided that all or a portion of the clinical training requirement may be satisfied by any clinical training that is a prerequisite for obtaining a bachelor's degree in music therapy;

(3) Pass a background check that shall include a review of the applicant's 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; and

(4) Pass an examination for the practice of music therapy within five years of making an application.

§ -6 Disciplinary actions. (a) The director may refuse to issue, revoke, suspend, deny, or refuse to renew a license, place a licensee on probation, or issue a letter of admonition upon proof that the licensee:

(1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

(2) Has been convicted of a felony as provided under section 701-107;

(3) Has wilfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care;

(4) Has had a license to practice music therapy suspended or revoked, or has otherwise been subject to discipline relating to the individual's practice of music therapy, in any other jurisdiction;

(5) Has committed a fraudulent insurance act;

(6) Excessively or habitually uses alcohol or drugs; provided that the director shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the department; or

(7) Has a physical or mental disability that renders the individual incapable of safely administering music therapy services.

(b) If an allegation of conduct described in subsection (a) is made against a licensee, the music therapy board shall conduct an investigation pursuant to section 92-17.

(c) In addition to suspension, revocation, denial, or refusal to renew a license, the director shall fine a person found to have violated any provision of this chapter or any rule adopted by the director under this chapter not less than $100 nor more than $1,000 for each violation.

§ -7 Rules. The board, the department, or both may adopt rules under chapter 91 to implement this chapter."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	559
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII