Bill Summaries: H192 (2017-2018 Session)

  • Summary date: Jun 21 2017 - View summary

    House committee substitute makes the following changes to the 1st edition.

    Deletes all of the previous provisions. Changes the act's long and short titles.

    Modifies GS Chapter 90C to include in its scope licensed music therapists and changes the title of the Chapter to North Carolina Recreational and Music Therapy Licensure Act. Amends GS 90C-22 to define licensed music therapist and music therapy. Defines music therapy as 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, as specified. 

    Amends GS 90C-23 to rename the North Carolina Recreational Therapy Licensure Board as the North Carolina Recreational and Music Therapy Licensure Board (Board). Makes conforming changes throughout the Chapter. Increases the composition of the Board from eight to ten members to include two practicing music therapists appointed by the General Assembly, one recommended by the President Pro Tempore and one by the Speaker. Provides that the initial music therapist Board member recommended by the Speaker will serve a two-year term, with subsequent music therapist Board members recommended by the Speaker serving a term in accordance with subsection (d), which provides for three-year staggered terms. Adds that initial music therapist Board members do not have to be licensed upon appointment, but requires initial music therapist Board members to satisfy applicable licensure requirements once they are established. Adds that, for the one public member that must have received recreational therapy or therapeutic recreation services, that public member can have alternatively received music therapy or music therapy services. 

    Amends GS 90C-24(13), expanding the directive of the Board to establish or approve reasonable competency requirements for licensure and renewal to include continuing music therapy education.

    Amends GS 90C-27 to add a new subsection requiring the Board to license any person as a licensed music therapist who: (1) meets a minimum level of education, clinical training, and experience as defined by the rules of the Board and (2) meets the passage of an appropriate examination as a music therapist offered by the Board or current certification as a Music Therapist-Board Certified (MT-BC) from the Certification Board for Music Therapists. 

    Amends GS 90C-29 to include music therapy license renewal in the existing provisions concerning license renewal under the Chapter.

    Amends GS 90C-32, adding to the actions that can trigger revocation, suspension, or denial of licensure to include (1) practicing music therapy without a current license and (2) having a music therapy license revoked or suspended, or subject to other disciplinary action in North Carolina or another jurisdiction.

    Amends GS 90C-33 to include in the reciprocity provisions music therapy licensure by a similar Board of another country, state, or territory whose licensing standards are substantially equivalent to or higher than those required by the Chapter.

    Amends GS 90C-34, making conforming changes to the list of persons and practices not affected by the Chapter.

    Effective January 1, 2018.

  • Summary date: Feb 23 2017 - View summary

    Creates new Article 18E, North Carolina Music Therapy Practice Act, in GS Chapter 90. Provides that the purpose of proposed Article 18E is to regulate music therapy services offered to the public. Provides whereas clauses to further note the need for regulation of music therapy services.

    Provides definitions that apply in proposed Article 18E, including definitions for music therapy and music therapy services. Defines music therapy as 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, including three specified areas. Prohibits any person from practicing or offering to practice music therapy as defined in proposed Article 18E or otherwise presenting himself or herself to be a licensed music therapist on or after January 1, 2014, unless that person is currently licensed as provided under proposed Article 18E. Identifies criteria for persons to be exempt from the provisions of proposed Article 18E.

    Creates the North Carolina Board of Music Therapy (Board). Requires that the Board consist of five members serving staggered terms, two of whom are licensed music therapists, one who represents the public at large, one who is a licensed health care professional, and one who is a licensed attorney. Directs that the General Assembly is to appoint (1) one music therapist to serve for a term of three years, on the recommendation of the Speaker of the House of Representatives and (2) one music therapist to serve for a term of two years, on the recommendation of the President Pro Tempore of the Senate. Requires the Governor to appoint the remaining three members to serve for a one-year term. Initial Board members are to be appointed on or before October 1, 2017.

    Provides additional criteria regarding terms, qualifications, filling of vacancies, removal of members, and compensation for members. Additionally, provides criteria for the selection of officers, frequency of meetings, and establishing a quorum. Enumerates the powers and duties of the Board.

    Requires an applicant for licensure as a music therapist to make application to the Board, pay the required fees, and meet all of the following requirements: (1) be 18 years of age or older; (2) be of good moral character as determined by the Board; (3) successfully complete an academic program accredited by the American Music Therapy Association, with at minimum of a bachelor's degree majoring in music therapy from an accredited college or university; (4) successfully complete the board certification exam offered by the Certification Board for Music Therapists or its successor organization; and (5) successfully complete a minimum of 1,200 hours of clinical training, with at least 180 hours in pre-internship experiences and at least 900 hours in internship experiences.

    Provides criteria for reciprocity, allowing the Board to grant licenses to persons licensed to practice music therapy in another state or territory of the United States.

    Provides parameters regarding expenses and the establishment of a fee schedule for licensing. Requires that every license issued under this proposed Article be renewed every five years on or before January 1. Provides additional criteria regarding license renewal.

    Authorizes the Board to exercise disciplinary authority, allowing the Board to deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license if the licensee or applicant has engaged in any of the specified conduct. Provides that a disciplinary action may be ordered by the Board after a hearing is held in accordance with GS Chapter 150B and rules adopted by the Board. Permits an application for reinstatement of a revoked license to be made to the Board if the revocation has been in effect for at least one year. Provides that each violation under this proposed Article constitutes a distinct and separate offense and such a violation is a Class 1 misdemeanor. Provides that the Board may seek injunctive relief for violations of this proposed Article. Authorizes the Board to asses a civil penalty of no more than $1,000 for a violation of any section of this proposed Article or the violation of any rules adopted by the Board. Directs that the clear proceeds of any civil penalty assessed under this section is to be remitted to the Civil Penalty and Forfeiture Fund in accordance with GS 115C-457.2. Provides factors to be considered by the Board before imposing and assessing a civil penalty.

    Effective January 1, 2018.