[Rev. 11/21/2013 12:52:12 PM--2013]

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)