SB2451.DOC

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

"Chapter

Music therapists

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

"Board" means the state music therapy board.

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

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

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

"Music therapist – board certified" means an individual who has completed the education and clinical requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination, and remains actively certified by the Certification Board for Music Therapists.

"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.

§ -2 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.

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

(1) Adopt, amend, or repeal rules pursuant to chapter 91 to carry out this chapter, including rules establishing standards of professional conduct, discipline, continuing education requirements, and qualifications for licensure;

(2) Examine and approve the qualifications of all applicants under this chapter;

(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;

(5) Establish a fee schedule for application, license, renewal, restoration, inactive status, and other reasonable and necessary fees relating to the administration and enforcement of this chapter; and

(6) Work with the director to assist with the implementation of this chapter and the rules adopted pursuant thereto.

§ -4 Records of board. The board shall keep a record of all its proceedings and activities. The provisions of chapter 92F shall prevail in the disclosure of information maintained by the board.

§ -5 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. A person who renders a music therapy service on the effective date of this Act must be licensed pursuant to this chapter within one year after the board adopts rules to carry out this chapter.

§ -6 Qualifications for licensure. 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 board and submit the fee set by the board for application;

(2) Be eighteen years of age or older;

(3) Hold a bachelor's degree or higher in music therapy, or its equivalent, from an American Music Therapy Association approved program, or its successor, within an accredited college or university;

(4) Successfully complete a minimum of one thousand two hundred hours of clinical training, with at least one hundred eighty hours in pre-internship experiences and at least nine hundred hours in internship experiences; provided that the internship shall be approved by an academic institution, the American Music Therapy Association, or both;

(5) 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

(6) Provide proof of passing the examination for board certification offered by the Certification Board for Music Therapists or its successor, or provide proof that the applicant is currently a music therapist - board certified by the Certification Board for Music Therapists or its successor.

§ -7 Renewal of license; inactive license. (a) Every license issued under this chapter shall be renewed every five years. A license shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following additional requirements shall also be required for license renewal:

(1) Proof of maintenance of the applicant's music therapist - board certified credentials;

(2) Proof of completion of a minimum of one hundred hours of continuing education in a program approved by the Certification Board of Music Therapists, and any other continuing education requirements established by the board; and

(3) Proof of completion of a minimum of one hundred hours of music therapy practice in accordance with rules adopted by the board.

(b) The board shall notify a licensee at least thirty days prior to the expiration of the licensee's license. A licensee shall inform the board of any changes to a licensee's address. Each licensee shall be responsible for timely renewal of the licensee's license.

(c) Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within five years of the date of its expiration shall result in the automatic termination of the license, and relicensure may require the individual to reapply for licensure as a new applicant.

(d) Upon written request of a licensee, the board may place the licensee's active license on an inactive status. The licensee, upon request and payment of the inactive license fee, may continue on inactive status. The license may be reactivated at any time by making a written request to the board and by fulfilling the requirements established by the board.

§ -8 Waiver of examination. For one year immediately following the date on which rules are adopted to implement this chapter, the board shall waive the examination requirement of section -6(6) for an applicant for licensure who is:

(1) Certified as music therapist - board certified and is in good standing with the Certification Board for Music Therapists; or

(2) Designated as a Registered Music Therapist, Certified Music Therapist, or Advanced Certified Music Therapist and is in good standing with the National Music Therapy Registry.

§ -9 Disciplinary actions. (a) The board may revoke, suspend, deny, or refuse to issue or 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 board 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 board shall conduct an investigation pursuant to section 92-17.

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

SECTION 2. The revisor of statutes shall insert the effective date of this Act in the appropriate place in section 1 of this Act.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2451
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII