Nrs: Chapter 640D - Music Therapists


Published: 2015

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[Rev. 2/11/2015 11:45:07

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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)

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