Connecticut Seal

General Assembly

 

Raised Bill No. 354

February Session, 2016

 

LCO No. 2157

 

*02157_______PH_*

Referred to Committee on PUBLIC HEALTH

 

Introduced by:

 

(PH)

 

AN ACT CONCERNING MUSIC AND ART THERAPY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2016) As used in this section, sections 2 to 5, inclusive, of this act and section 19a-14 of the general statutes, as amended by this act:

(1) "Commissioner" means the Commissioner of Public Health;

(2) "Department" means the Department of Public Health;

(3) "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 a music therapy program approved by the American Music Therapy Association, or any successor of said association; and

(4) "Music therapist" means a person who has been licensed as a music therapist under the provisions of sections 2 to 5, inclusive, of this act.

Sec. 2. (NEW) (Effective October 1, 2016) (a) No person may practice music therapy unless licensed or permitted pursuant to section 3 or 4 of this act.

(b) No person may use the title "music therapist" or "licensed music therapist" or make use of any title, words, letters, abbreviations or insignia that may reasonably be confused with licensure as a music therapist unless such person is licensed pursuant to section 3 of this act or has been issued a temporary permit pursuant to section 4 of this act.

(c) The provisions of this section shall not apply to a person who (1) provides music therapy while acting within the scope of practice of the person's license and training, provided the person does not hold himself or herself out to the public as a music therapist, or (2) is a student enrolled in a music therapy educational program or graduate music therapy educational program approved by the American Music Therapy Association, or any successor of said association, and music therapy is an integral part of the student's course of study and such student is performing such therapy under the direct supervision of a licensed music therapist.

Sec. 3. (NEW) (Effective October 1, 2016) (a) On and after October 1, 2016, the Commissioner of Public Health shall grant a license as a music therapist to any applicant who, except as provided in subsections (b) and (c) of this section, furnishes evidence satisfactory to the commissioner that such applicant has earned a certification as a music therapist from the Certification Board for Music Therapists, or any successor of said board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifteen dollars.

(b) An applicant for a license as a music therapist may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having, prior to October 1, 2016: (1) Acquired eight years of experience in the practice of music therapy; (2) earned, from an accredited institution of higher education, a master's or doctoral degree in music therapy or a related field; and (3) attended a continuing education program approved by the American Music Therapy Association, or any successor of said association, within the five-year period prior to the date of application.

(c) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as a music therapist, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending in this state or any other state.

(d) Licenses issued under this section shall be renewed annually pursuant to section 19a-88 of the general statutes. The fee for such renewal shall be one hundred ninety dollars. Each licensed music therapist applying for license renewal shall furnish evidence satisfactory to the commissioner of having current certification with the Certification Board for Music Therapists, or any successor of said board, and having obtained continuing education units for certification as required by said board.

Sec. 4. (NEW) (Effective October 1, 2016) The Department of Public Health may issue a temporary permit to an applicant for licensure as a music therapist who holds a master's degree or higher in music therapy or a related field. Such temporary permit shall authorize the holder of the temporary permit to practice music therapy under the general supervision of a licensed music therapist at all times during which the holder of the temporary permit performs music therapy. Such temporary permit shall be valid for a period not to exceed three hundred sixty-five calendar days after the date of attaining such master's degree or higher and shall not be renewable. No temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this state or any other state. The commissioner may revoke a temporary permit for good cause, as determined by the commissioner. The fee for a temporary permit shall be fifty dollars.

Sec. 5. (NEW) (Effective October 1, 2016) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against a music therapist for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice music therapy; (4) fraud or deceit in the practice of music therapy; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to music therapy. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.

Sec. 6. (NEW) (Effective October 1, 2016) As used in this section, sections 7 to 10, inclusive, of this act and section 19a-14 of the general statutes, as amended by this act:

(1) "Commissioner" means the Commissioner of Public Health;

(2) "Department" means the Department of Public Health;

(3) "Art therapy" means clinical and evidence-based use of art, including art media, the creative process and the resulting artwork, to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an art therapy program approved by the American Art Therapy Association, or any successor of said association; and

(4) "Art therapist" means a person who has been licensed as an art therapist under the provisions of sections 7 to 10, inclusive, of this act.

Sec. 7. (NEW) (Effective October 1, 2016) (a) No person may practice art therapy unless licensed or permitted pursuant to section 8 or 9 of this act.

(b) No person may use the title "art therapist" or "licensed art therapist" or make use of any title, words, letters, abbreviations or insignia that may reasonably be confused with licensure as an art therapist unless such person is licensed pursuant to section 8 of this act or has been issued a temporary permit pursuant to section 9 of this act.

(c) The provisions of this section shall not apply to a person who (1) provides art therapy while acting within the scope of practice of the person's license and training, provided the person does not hold himself or herself out to the public as an art therapist, or (2) is a student enrolled in an art therapy educational program or graduate art therapy educational program approved by the American Art Therapy Association, or any successor of said association, and art therapy is an integral part of the student's course of study and such student is performing such therapy under the direct supervision of a licensed art therapist.

Sec. 8. (NEW) (Effective October 1, 2016) (a) On and after October 1, 2016, the Commissioner of Public Health shall grant a license as an art therapist to any applicant who, except as provided in subsections (b) and (c) of this section, furnishes evidence satisfactory to the commissioner that such applicant has earned a credential or certification as an art therapist from the Art Therapy Credentials Board, or any successor of said board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifteen dollars.

(b) An applicant for a license as an art therapist may, in lieu of the requirements set forth in subsection (a) of this section, submit evidence satisfactory to the commissioner of having, prior to October 1, 2016: (1) Acquired eight years of experience in the practice of art therapy; (2) earned, from an accredited institution of higher education, a master's or doctoral degree in art therapy or a related field; and (3) attended a continuing education program approved by the Art Therapy Credentials Board, or any successor of said board, within the five-year period prior to the date of application.

(c) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as an art therapist, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending in this state or any other state.

(d) Licenses issued under this section shall be renewed annually pursuant to section 19a-88 of the general statutes. The fee for such renewal shall be one hundred ninety dollars. Each licensed art therapist applying for license renewal shall furnish evidence satisfactory to the commissioner of having current credential or certification with the Art Therapy Credentials Board, or any successor of said board, and having obtained continuing education units for such credential or certification as required by said board.

Sec. 9. (NEW) (Effective October 1, 2016) The Department of Public Health may issue a temporary permit to an applicant for licensure as an art therapist who holds a master's degree or higher in art therapy or a related field. Such temporary permit shall authorize the holder of the temporary permit to practice art therapy under the general supervision of a licensed art therapist at all times during which the holder of the temporary permit performs art therapy. Such temporary permit shall be valid for a period not to exceed three hundred sixty-five calendar days after the date of attaining such master's degree or higher and shall not be renewable. No temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this state or any other state. The commissioner may revoke a temporary permit for good cause, as determined by the commissioner. The fee for a temporary permit shall be fifty dollars.

Sec. 10. (NEW) (Effective October 1, 2016) The Commissioner of Public Health may take any disciplinary action set forth in section 19a-17 of the general statutes against an art therapist for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice art therapy; (4) fraud or deceit in the practice of art therapy; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to art therapy. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17 of the general statutes. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17 of the general statutes.

Sec. 11. Subsection (c) of section 19a-14 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(c) No board shall exist for the following professions that are licensed or otherwise regulated by the Department of Public Health:

(1) Speech and language pathologist and audiologist;

(2) Hearing instrument specialist;

(3) Nursing home administrator;

(4) Sanitarian;

(5) Subsurface sewage system installer or cleaner;

(6) Marital and family therapist;

(7) Nurse-midwife;

(8) Licensed clinical social worker;

(9) Respiratory care practitioner;

(10) Asbestos contractor and asbestos consultant;

(11) Massage therapist;

(12) Registered nurse's aide;

(13) Radiographer;

(14) Dental hygienist;

(15) Dietitian-Nutritionist;

(16) Asbestos abatement worker;

(17) Asbestos abatement site supervisor;

(18) Licensed or certified alcohol and drug counselor;

(19) Professional counselor;

(20) Acupuncturist;

(21) Occupational therapist and occupational therapist assistant;

(22) Lead abatement contractor, lead consultant contractor, lead consultant, lead abatement supervisor, lead abatement worker, inspector and planner-project designer;

(23) Emergency medical technician, advanced emergency medical technician, emergency medical responder and emergency medical services instructor;

(24) Paramedic;

(25) Athletic trainer;

(26) Perfusionist;

(27) Master social worker subject to the provisions of section 20-195v;

(28) Radiologist assistant, subject to the provisions of section 20-74tt;

(29) Homeopathic physician;

(30) Certified water treatment plant operator, certified distribution system operator, certified small water system operator, certified backflow prevention device tester and certified cross connection survey inspector, including certified limited operators, certified conditional operators and certified operators in training;

(31) Tattoo technician; [and]

(32) Genetic counselor; [.]

(33) Music therapist; and

(34) Art therapist.

The department shall assume all powers and duties normally vested with a board in administering regulatory jurisdiction over such professions. The uniform provisions of this chapter and chapters 368v, 369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a and 400c, including, but not limited to, standards for entry and renewal; grounds for professional discipline; receiving and processing complaints; and disciplinary sanctions, shall apply, except as otherwise provided by law, to the professions listed in this subsection.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Sec. 2

October 1, 2016

New section

Sec. 3

October 1, 2016

New section

Sec. 4

October 1, 2016

New section

Sec. 5

October 1, 2016

New section

Sec. 6

October 1, 2016

New section

Sec. 7

October 1, 2016

New section

Sec. 8

October 1, 2016

New section

Sec. 9

October 1, 2016

New section

Sec. 10

October 1, 2016

New section

Sec. 11

October 1, 2016

19a-14(c)

Statement of Purpose:

To require licensure for the practice of music and art therapy.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]