[Rev. 2/11/2015 11:45:07
AM--2014R2]
CHAPTER 640D - MUSIC THERAPISTS
GENERAL PROVISIONS
NRS 640D.010 Legislative
declaration.
NRS 640D.020 Definitions.
NRS 640D.030 “Board”
defined.
NRS 640D.040 “Client”
defined.
NRS 640D.050 “Licensee”
defined.
NRS 640D.060 “Music
therapy” defined.
NRS 640D.070 “Music
therapy services” defined.
NRS 640D.080 Applicability.
NRS 640D.090 Regulations;
enforcement; duty of Board to provide certain information; Board may accept
gifts, grants, donations and contributions.
NRS 640D.100 Board
authorized to establish Music Therapy Advisory Group.
LICENSES; PRACTICE
NRS 640D.110 License
to practice music therapy: Issuance; qualifications; application; fee.
NRS 640D.120 Payment
of child support: Submission of certain information by applicant; grounds for
denial of licensure; duty of Board. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 640D.120 Payment
of child support: Submission of certain information by applicant; grounds for
denial of licensure; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
NRS 640D.130 License
to practice music therapy: Expiration; renewal; fee.
NRS 640D.140 Notice
of delinquent license; renewal; expiration.
NRS 640D.150 Authorized
services of licensed music therapists.
DISCIPLINARY ACTION; PENALTIES
NRS 640D.160 Complaints:
Filing; investigation; retention.
NRS 640D.170 Grounds
for refusal to grant or for suspension or revocation of license.
NRS 640D.180 Authorized
disciplinary action; orders imposing discipline deemed public records; private
reprimand prohibited.
NRS 640D.190 Confidentiality
of certain records of Board; exceptions.
NRS 640D.200 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 640D.210 Injunction.
NRS 640D.220 Certain
acts prohibited without license; penalty.
NRS 640D.230 Delegation
of certain services prohibited; penalty.
_________
GENERAL PROVISIONS
NRS 640D.010 Legislative declaration. The
practice of music therapy is hereby declared to be a learned allied health
profession, affecting public health, safety and welfare and subject to regulation
to protect the public from the practice of music therapy by unqualified and
unlicensed persons and from unprofessional conduct by persons who are licensed
to practice music therapy.
(Added to NRS by 2011, 1085)
NRS 640D.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 640D.030 to 640D.070, inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2011, 1085)
NRS 640D.030 “Board” defined. “Board”
means the State Board of Health.
(Added to NRS by 2011, 1085)
NRS 640D.040 “Client” defined. “Client”
means a person who receives music therapy services.
(Added to NRS by 2011, 1085)
NRS 640D.050 “Licensee” defined. “Licensee”
means a music therapist who is licensed to practice music therapy pursuant to
this chapter.
(Added to NRS by 2011, 1085)
NRS 640D.060 “Music therapy” defined. “Music
therapy” means the clinical use of music interventions by a licensee to
accomplish individualized goals within a therapeutic relationship by a
credentialed professional who has completed a music therapy program approved by
the Board. The term does not include:
1. The practice of psychology or medicine;
2. The psychological assessment or
treatment of couples or families;
3. The prescribing of drugs or
electroconvulsive therapy;
4. The medical treatment of physical
disease, injury or deformity;
5. The diagnosis or psychological
treatment of a psychotic disorder;
6. The use of projective techniques in the
assessment of personality;
7. The use of psychological, neuropsychological,
psychometric assessment or clinical tests designed to identify or classify
abnormal or pathological human behavior or to determine intelligence,
personality, aptitude, interests or addictions;
8. The use of individually administered
intelligence tests, academic achievement tests or neuropsychological tests;
9. The use of psychotherapy to treat the
concomitants of organic illness;
10. The diagnosis of any physical or
mental disorder; or
11. The evaluation of the effects of
medical and psychotropic drugs.
(Added to NRS by 2011, 1085)
NRS 640D.070 “Music therapy services” defined. “Music
therapy services” means the services a licensee is authorized to provide
pursuant to NRS 640D.150 in order to achieve the
goals of music therapy.
(Added to NRS by 2011, 1086)
NRS 640D.080 Applicability. The
provisions of this chapter do not apply to:
1. A person who is employed by this State
or the Federal Government and who provides music therapy services within the
scope of that employment.
2. A person performing services or
participating in activities as part of a supervised course of study in an
accredited or approved educational or internship program while pursuing study
leading to a degree or certificate in music therapy, if the person is
designated by a title which clearly indicates his or her status as a student or
intern.
3. A person who holds a professional
license in this State or an employee who is supervised by a person who holds a
professional license in this State and whose provision of music therapy
services is incidental to the practice of his or her profession if the person
does not hold himself or herself out to the public as a music therapist.
(Added to NRS by 2011, 1086)
NRS 640D.090 Regulations; enforcement; duty of Board to provide certain
information; Board may accept gifts, grants, donations and contributions.
1. The Board may adopt such regulations as
it deems necessary to carry out the provisions of this chapter. The regulations
may include, without limitation, additional:
(a) Standards of training for music therapists;
(b) Requirements for continuing education for
music therapists; and
(c) Standards of practice for music therapists.
2. The Board shall:
(a) Enforce the provisions of this chapter and
any regulations adopted pursuant thereto, to the extent that money is available
for that purpose; and
(b) Maintain a list of:
(1) Applicants for a license;
(2) Licensees; and
(3) Persons whose licenses have been revoked
or suspended by the Board.
3. The Board shall, upon request and
payment of any fee, provide a copy of a list maintained pursuant to paragraph
(b) of subsection 2. A fee charged for providing the copy must not exceed the
actual cost incurred by the Board to make the copy.
4. The Board may accept gifts, grants,
donations and contributions from any source to assist in carrying out the
provisions of this chapter.
(Added to NRS by 2011, 1086)
NRS 640D.100 Board authorized to establish Music Therapy Advisory Group.
1. The Board may establish a Music Therapy
Advisory Group consisting of persons familiar with the practice of music
therapy to provide the Board with expertise and assistance in carrying out its
duties pursuant to this chapter. If a Music Therapy Advisory Group is
established, the Board must:
(a) Determine the number of members;
(b) Appoint the members;
(c) Establish the terms of the members; and
(d) Determine the duties of the Music Therapy
Advisory Group.
2. Members of a Music Therapy Advisory
Group established pursuant to subsection 1 serve without compensation.
(Added to NRS by 2011, 1086)
LICENSES; PRACTICE
NRS 640D.110 License to practice music therapy: Issuance; qualifications;
application; fee.
1. The Board shall issue a license to
practice music therapy to an applicant who:
(a) Is at least 18 years of age;
(b) Is of good moral character; and
(c) Submits to the Board:
(1) A completed application on a form
provided by the Board;
(2) Proof that the applicant has
successfully completed an academic program approved by the American Music
Therapy Association or its successor organization with a bachelor’s degree or
higher degree in music therapy;
(3) A fee in the amount of $200 or such
other amount as prescribed by regulation by the Board;
(4) A complete set of fingerprints and
written permission authorizing the Board to forward the fingerprints to the
Central Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(5) Proof that the applicant has passed
the examination for board certification offered by the Certification Board for
Music Therapists or its successor organization or is certified as a music
therapist by that Board or its successor organization.
2. Any increase in the fees imposed
pursuant to this section must not exceed the amount necessary for the Board to
carry out the provisions of this chapter.
(Added to NRS by 2011, 1087)
NRS 640D.120 Payment of child support: Submission of certain information by
applicant; grounds for denial of licensure; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license as a music therapist shall:
(a) Include the social security number of the
applicant in the application submitted to the Board.
(b) Submit to the Board the statement prescribed
by the Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license may not be issued or renewed
by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support of
a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 2011, 1087;
A 2013,
3806)
NRS 640D.120 Payment of child support:
Submission of certain information by applicant; grounds for denial of
licensure; duty of Board. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license as a music therapist shall submit to the Board the statement prescribed
by the Division of Welfare and Supportive Services of the Department of Health
and Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license may not be issued or renewed
by the Board if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 2011, 1087;
A 2011,
1099; 2013,
3806, effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings)
NRS 640D.130 License to practice music therapy: Expiration; renewal; fee.
1. Each license to practice music therapy
expires 3 years after the date on which it is issued and may be renewed if,
before the license expires, the licensee submits to the Board:
(a) A completed application for renewal on a form
prescribed by the Board;
(b) Proof that the applicant has continuously
maintained for the previous 3 years his or her certification with and is
currently certified as a music therapist by the Certification Board for Music
Therapists or its successor organization;
(c) Proof that the applicant has completed not
less than 100 units of continuing education approved by the Certification Board
for Music Therapists or its successor organization; and
(d) A fee in the amount of $200 or such other
amount as prescribed by regulation by the Board.
2. Any increase in the fees imposed
pursuant to this section must not exceed the amount necessary for the Board to
carry out the provisions of this chapter.
(Added to NRS by 2011, 1088)
NRS 640D.140 Notice of delinquent license; renewal; expiration.
1. A license that is not renewed on or
before the date on which it expires is delinquent. The Board shall, within 30
days after the license becomes delinquent, send a notice to the licensee by
certified mail, return receipt requested, to the address of the licensee as
indicated in the records of the Board.
2. A licensee may renew a delinquent license
within 60 days after the license becomes delinquent by complying with the
requirements of NRS 640D.130.
3. A license expires 60 days after it
becomes delinquent if it is not renewed within that period.
(Added to NRS by 2011, 1088)
NRS 640D.150 Authorized services of licensed music therapists.
1. A licensee may:
(a) Accept referrals for music therapy services
from physicians, psychologists or other medical, developmental or mental health
professionals, education professionals, family members, clients or caregivers.
Before providing music therapy services to a client for a medical or mental
health condition, the licensee shall collaborate with the client’s physician,
psychologist, primary care provider or mental health professional to review the
client’s diagnosis, treatment needs and treatment plan.
(b) Conduct a music therapy assessment of a
client to collect systematic, comprehensive and accurate information necessary
to determine the appropriate type of music therapy services to provide for the
client, including, without limitation, information relating to a client’s
emotional and physical health, social functioning, communication abilities and
cognitive skills based upon the client’s history and through observation and
interaction of the client in music and nonmusic settings.
(c) Develop an individualized treatment plan for
the client that identifies the goals, objectives and potential strategies of
the music therapy services appropriate for the client using music
interventions, which may include, without limitation, music improvisation,
receptive music listening, song writing, lyric discussion, music and imagery,
music performance, learning through music and movement to music.
(d) If applicable, carry out an individualized
treatment plan that is consistent with any other medical, developmental, mental
health or education services being provided to the client.
(e) Evaluate and compare the client’s response to
music therapy and the individualized treatment plan and suggest modifications,
as appropriate.
(f) Develop a plan for determining when the
provision of music therapy services is no longer needed in collaboration with
the client, any physician or other provider of health care or education of the
client, any appropriate member of the family of the client and any other
appropriate person upon whom the client relies for support.
(g) Minimize any barriers so that the client may
receive music therapy services in the least restrictive environment.
(h) Collaborate with and educate the client and
the family or caregiver of the client or any other appropriate person about the
needs of the client that are being addressed in music therapy and the manner in
which the music therapy addresses those needs.
2. Except as otherwise provided by this
chapter or a regulation adopted by the Board pursuant to this chapter, a
licensee shall comply with the scope of practice of the Certification Board for
Music Therapists or its successor organization.
(Added to NRS by 2011, 1089)
DISCIPLINARY ACTION; PENALTIES
NRS 640D.160 Complaints: Filing; investigation; retention.
1. If any member of the Board or a Music
Therapy Advisory Group becomes aware of any ground for initiating disciplinary
action against a licensee, the member must file a written complaint with the
Board.
2. As soon as practicable after receiving
a complaint, the Board shall:
(a) Forward the complaint to the Certification
Board for Music Therapists or its successor organization for investigation of
the complaint and request a written report of the findings of such
investigation; or
(b) To the extent money is available to do so,
conduct an investigation of the complaint to determine whether the allegations
in the complaint merit the initiation of disciplinary proceedings against the
licensee.
3. The Board shall retain a copy of each
complaint filed with the Board pursuant to this section for at least 10 years,
including, without limitation, any complaint that is not acted upon.
(Added to NRS by 2011, 1090)
NRS 640D.170 Grounds for refusal to grant or for suspension or revocation of
license. The Board may refuse to
grant or may suspend or revoke a license to practice music therapy for any of
the following reasons:
1. Submitting false, fraudulent or
misleading information to the Board or any agency of this State, any other
state, a territory or possession of the United States, the District of Columbia
or the Federal Government.
2. Violating any provision of this chapter
or any regulation adopted pursuant thereto.
3. Conviction of a felony relating to the
practice of music therapy or of any offense involving moral turpitude, the
record of conviction being conclusive evidence thereof.
4. Habitual drunkenness or addiction to
the use of a controlled substance.
5. Impersonating a licensed music
therapist or allowing another person to use his or her license.
6. Using fraud or deception in applying
for a license to practice music therapy.
7. Failing to comply with the “Code of
Professional Practice” of the Certification Board for Music Therapists or its
successor organization or committing any other unethical practices contrary to
the interest of the public as determined by the Board.
8. Negligence, fraud or deception in
connection with the music therapy services a licensee is authorized to provide
pursuant to this chapter.
(Added to NRS by 2011, 1089)
NRS 640D.180 Authorized disciplinary action; orders imposing discipline
deemed public records; private reprimand prohibited.
1. If, after an investigation conducted by
the Board or receiving the findings from an investigation of a complaint from
the Certification Board for Music Therapists or its successor organization, and
after notice and a hearing as required by law, the Board finds one or more
grounds for taking disciplinary action, the Board may:
(a) Place the licensee on probation for a
specified period or until further order of the Board;
(b) Administer to the applicant or licensee a public
reprimand;
(c) Refuse to renew the license of the licensee;
(d) Suspend or revoke the license of the
licensee;
(e) Impose an administrative fine of not more
than $500 for each violation; or
(f) Take any combination of actions set forth in
paragraphs (a) to (e), inclusive.
2. The order of the Board may include such
other terms, provisions or conditions as the Board deems appropriate.
3. The order of the Board and the findings
of fact and conclusions of law supporting that order are public records.
4. The Board shall not issue a private
reprimand.
(Added to NRS by 2011, 1090)
NRS 640D.190 Confidentiality of certain records of Board; exceptions.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information returned from the
Certification Board for Music Therapists or its successor organization as a
result of an investigation conducted to determine whether to initiate
disciplinary action against a person are confidential, unless the person
submits a written statement to the Board requesting that such documents and
information be made public records.
2. The charging documents filed with the
Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and
information considered by the Board when determining whether to impose
discipline are public records.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
4. The provisions of this section do not
prohibit the Board from communicating or cooperating with or providing any
documents or other information to any other licensing board or any other agency
that is investigating a person, including, without limitation, a law
enforcement agency.
(Added to NRS by 2011, 1091)
NRS 640D.200 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license as a music therapist, the Board shall deem the license
issued to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Board receives a letter issued
to the holder of the license by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS
425.560.
2. The Board shall reinstate a license as
a music therapist that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 2011, 1091)
NRS 640D.210 Injunction.
1. If the Board determines that a person
has violated or is about to violate any provision of this chapter or a
regulation adopted pursuant thereto, the Board may bring an action in a court
of competent jurisdiction to enjoin the person from engaging in or continuing
the violation.
2. An injunction:
(a) May be issued without proof of actual damage
sustained by any person.
(b) Does not prohibit the criminal prosecution
and punishment of the person who commits the violation.
(Added to NRS by 2011, 1091)
NRS 640D.220 Certain acts prohibited without license; penalty.
1. A person who is not licensed to
practice music therapy pursuant to this chapter, or a person whose license to
practice music therapy has expired or has been suspended or revoked by the
Board, shall not:
(a) Provide music therapy services;
(b) Use in connection with his or her name the
words or letters “MT,” “music therapist,” “licensed, board-certified music
therapist,” “MT-BC,” “Music Therapist - Board Certified,” “MT - BC/L” or
“Licensed Music Therapist - Board Certified” or any other letters, words or
insignia indicating or implying that he or she is licensed to practice music
therapy, or in any other way, orally, or in writing or print, or by sign,
directly or by implication, use the words “music therapy” or represent himself
or herself as licensed or qualified to engage in the practice of music therapy;
or
(c) List or cause to have listed in any
directory, including, without limitation, a telephone directory, his or her
name or the name of his or her company under the heading “Music Therapy” or
“Music Therapist” or any other term that indicates or implies that he or she is
licensed or qualified to practice music therapy.
2. A person who violates the provisions of
this section is guilty of a misdemeanor.
(Added to NRS by 2011, 1087)
NRS 640D.230 Delegation of certain services prohibited; penalty.
1. A person shall not require a licensee
to delegate the provision of music therapy services to another person if, in
the opinion of the licensee, such delegation would be inappropriate or create a
risk of harm to the client.
2. A person who violates the provisions of
this section is guilty of a misdemeanor.
(Added to NRS by 2011, 1091)
