H.B. 277
This document includes House Committee Amendments incorporated into the bill on Wed, Feb 26, 2014 at 11:46 AM by jeyring. --> 1
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7 LONG TITLE
8 General Description:
9 This bill modifies Title 58, Occupations and Professions, by creating a state
10 certification designation for music therapists.
11 Highlighted Provisions:
12 This bill:
13 . defines terms, including "state certification," which means a designation granted by
14 the division on behalf of the state to an individual who has met the requirements for
15 state certification related to an occupation or profession;
16 . requires the Division of Occupational and Professional Licensing to grant state
17 certification to a person who qualifies under this chapter to engage in the practice of
18 music therapy as a state certified music therapist;
19 . provides the qualifications and renewal requirements for being a state certified
20 music therapist, which include the applicant providing satisfactory documentation
21 of being board certified in good standing with the Certification Board for Music
22 Therapists or an equivalent board as determined by division rule;
23 . provides that this act may not be construed to prevent a person from lawfully
24 engaging in the practice of music therapy without state certification; and
25 . provides what constitutes unlawful conduct related to the state certification of music
26 therapy, including that it is unlawful for a person who is not a state certified music
27 therapist to use the title state certified music therapist, or represent that the person is
28 a state certified music therapist, in connection with the person's name or business.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 ENACTS:
35 58-84-101 , Utah Code Annotated 1953
36 58-84-102 , Utah Code Annotated 1953
37 58-84-103 , Utah Code Annotated 1953
38 58-84-201 , Utah Code Annotated 1953
39 58-84-202 , Utah Code Annotated 1953
40 58-84-203 , Utah Code Annotated 1953
41 58-84-301 , Utah Code Annotated 1953
42 H. [
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44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 58-84-101 is enacted to read:
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48 58-84-101. Title.
49 This chapter is known as the "State Certification of Music Therapists Act."
50 Section 2. Section 58-84-102 is enacted to read:
51 58-84-102. Definitions.
52 In addition to the definitions in Section 58-1-102 , as used in this chapter:
53 (1) "Practice of music therapy" means the clinical and evidence-based use of music
54 interventions to accomplish individualized goals within a therapeutic relationship.
55 (2) "State certification" means a designation granted by the division on behalf of the
56 state to an individual who has met the requirements for state certification related to an
57 occupation or profession described in this chapter.
58 (3) "State certified" means, when used in conjunction with an occupation or profession
59 described in this chapter, a title that:
60 (a) may be used by a person who has met the state certification requirements related to
61 that occupation or profession described in this chapter; and
62 (b) may not be used by a person who has not met the state certification requirements
63 related to that occupation or profession described in this chapter.
64 Section 3. Section 58-84-103 is enacted to read:
65 58-84-103. Rulemaking.
66 When exercising rulemaking authority under this chapter, the division shall comply
67 with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
68 Section 4. Section 58-84-201 is enacted to read:
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70 58-84-201. Qualifications for state certification.
71 (1) The division shall grant state certification to a person who qualifies under this
72 chapter to engage in the practice of music therapy as a state certified music therapist.
73 (2) Each applicant for state certification as a state certified music therapist shall:
74 (a) submit an application in a form prescribed by the division;
75 (b) pay a fee determined by the department under Section 63J-1-504 ;
76 (c) be of good moral character; and
77 (d) provide satisfactory documentation that the applicant is board certified by, and in
78 good standing with, the Certification Board for Music Therapists, or an equivalent board as
79 determined by division rule.
80 Section 5. Section 58-84-202 is enacted to read:
81 58-84-202. Term of state certification.
82 (1) The division shall grant state certification under this chapter in accordance with a
83 two-year renewal cycle established by division rule.
84 (2) At the time of renewal, an applicant for renewal shall provide satisfactory
85 documentation that the applicant is board certified by, and in good standing with, the
86 Certification Board for Music Therapists, or an equivalent board as determined by division
87 rule.
88 (3) If the board certification of a state certified music therapist required for obtaining or
89 renewing state certification under this chapter is suspended, placed on probation, revoked, or
90 has expired for any reason, the person:
91 (a) shall suspend using the title state certified music therapist in connection with the
92 person's name or business;
93 (b) shall suspend representing to others that the person is a state certified music
94 therapist; and
95 (c) shall inform the division within two weeks of the suspension, probation, revocation,
96 or expiration of the board certification.
97 (4) When the division learns that the board certification of a state certified music
98 therapist required for obtaining or renewing state certification under this chapter is suspended,
99 placed on probation, revoked, or has expired for any reason, that person's state certification
100 shall be revoked and may not be reinstated unless the person meets the requirements and again
101 applies for state certification as described in Section 58-84-201 .
102 Section 6. Section 58-84-203 is enacted to read:
103 58-84-203. Limitation of state certification.
104 Nothing in this chapter shall be construed to prevent a person from lawfully engaging in
105 the practice of music therapy without state certification.
106 Section 7. Section 58-84-301 is enacted to read:
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108 58-84-301. Unlawful conduct.
109 (1) It is unlawful for a person who is not a state certified music therapist to use the title
110 state certified music therapist, or represent that the person is a state certified music therapist, in
111 connection with the person's name or business.
112 (2) It is unlawful for a state certified person whose board certification is suspended,
113 placed on probation, revoked, or has expired for any reason to use the title state certified music
114 therapist, or represent that the person is a state certified music therapist, in connection with the
115 person's name or business.
116 H. [
117 58-84-302. Penalty for unlawful conduct.
118 A person who violates an unlawful conduct provision described in this chapter is guilty
119 of a class B misdemeanor. ] .H
Legislative Review Note
as of 1-28-14 11:31 AM