Representative Rebecca P. Edwards proposes the following substitute bill:


1     
MUSIC THERAPY CERTIFICATE DESIGNATION AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the State Certification of Music Therapists Act (the
10     act).
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the name of the act;
14          ▸     changes the title of a state certified music therapist to a licensed professional music
15     therapist and makes similar conforming changes;
16          ▸     modifies limitation and unlawful conduct provisions of the act; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-84-101, as enacted by Laws of Utah 2014, Chapter 340
25          58-84-102, as enacted by Laws of Utah 2014, Chapter 340
26          58-84-201, as enacted by Laws of Utah 2014, Chapter 340
27          58-84-202, as enacted by Laws of Utah 2014, Chapter 340
28          58-84-203, as enacted by Laws of Utah 2014, Chapter 340
29          58-84-301, as enacted by Laws of Utah 2014, Chapter 340
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 58-84-101 is amended to read:
33     
CHAPTER 84. MUSIC THERAPISTS LICENSING ACT

34          58-84-101. Title.
35          This chapter is known as the ["State Certification of Music Therapists Act."] "Music
36     Therapists Licensing Act."
37          Section 2. Section 58-84-102 is amended to read:
38          58-84-102. Definitions.
39          In addition to the definitions in Section 58-1-102, as used in this chapter[: (1)] "practice
40     of music therapy" means the clinical and evidence-based use of music interventions to
41     accomplish individualized goals within a therapeutic relationship.
42          [(2) "State certification" means a designation granted by the division on behalf of the
43     state to an individual who has met the requirements for state certification related to an
44     occupation or profession described in this chapter.]
45          [(3) "State certified" means, when used in conjunction with an occupation or
46     profession described in this chapter, a title that:]
47          [(a) may be used by a person who has met the state certification requirements related to
48     that occupation or profession described in this chapter; and]
49          [(b) may not be used by a person who has not met the state certification requirements
50     related to that occupation or profession described in this chapter.]
51          Section 3. Section 58-84-201 is amended to read:
52          58-84-201. Qualifications for state licensure.
53          (1) The division shall [grant state certification] issue a license to a person who qualifies
54     under this chapter to engage in the practice of music therapy as a [state certified] licensed
55     professional music therapist.
56          (2) Each applicant for [state certification as a state certified] licensure as a licensed
57     professional music therapist shall:
58          (a) submit an application in a form prescribed by the division;
59          (b) pay a fee determined by the department under Section 63J-1-504;
60          (c) be of good moral character; and
61          (d) provide satisfactory documentation that the applicant is board certified by, and in
62     good standing with, the Certification Board for Music Therapists, or an equivalent board as
63     determined by division rule.
64          Section 4. Section 58-84-202 is amended to read:
65          58-84-202. Term of state licensure.
66          (1) The division shall grant [state certification] licensure under this chapter in
67     accordance with a two-year renewal cycle established by division rule.
68          (2) At the time of renewal, an applicant for renewal shall provide satisfactory
69     documentation that the applicant is board certified by, and in good standing with, the
70     Certification Board for Music Therapists, or an equivalent board as determined by division
71     rule.
72          (3) If the board certification of a [state certified] licensed professional music therapist
73     required for obtaining or renewing state [certification] licensure under this chapter is
74     suspended, placed on probation, revoked, or has expired for any reason, the person:
75          (a) shall suspend using the title [state certified] licensed professional music therapist in
76     connection with the person's name or business;
77          (b) shall suspend representing to others that the person is a [state certified] licensed
78     professional music therapist; and
79          (c) shall inform the division within two weeks of the suspension, probation, revocation,
80     or expiration of the board certification.
81          (4) When the division learns that the board certification of a [state certified] licensed
82     professional music therapist required for obtaining or renewing state [certification] licensure
83     under this chapter is suspended, placed on probation, revoked, or has expired for any reason,
84     that person's [state certification] license shall be revoked and may not be reinstated unless the
85     person meets the requirements and again applies for [state certification] licensure as described
86     in Section 58-84-201.
87          Section 5. Section 58-84-203 is amended to read:
88          58-84-203. Limitation of state licensure.
89          Nothing in this chapter shall be construed to prevent a person from lawfully engaging in
90     the [practice of music therapy without state certification] person's profession, including the use
91     of music, if the person does not use the title music therapist or licensed professional music
92     therapist in connection with the person's name or business.
93          Section 6. Section 58-84-301 is amended to read:
94          58-84-301. Unlawful conduct.
95          (1) It is unlawful for a person who is not a [state certified] licensed professional music
96     therapist to use the title [state certified] music therapist or licensed professional music
97     therapist, or represent that the person is a [state certified] music therapist or licensed
98     professional music therapist, in connection with the person's name or business.
99          (2) It is unlawful for a [state certified person] person licensed under this chapter whose
100     board certification is suspended, placed on probation, revoked, or has expired for any reason to
101     use the title [state certified] music therapist or licensed professional music therapist, or
102     represent that the person is a [state certified] music therapist or licensed professional music
103     therapist, in connection with the person's name or business.