In this subtitle the following words have the meanings indicated. “Board certified music therapist” means an individual who: Has completed the education and clinical training requirements established by the American Music Therapy Association; and Holds current board certification from the Certification Board for Music Therapists. “Individualized music therapy treatment plan” means a music therapy treatment plan for a client that identifies the goals, objectives, and potential strategies for the music therapy services appropriate for the client using music therapy interventions, including: Music improvisation; Receptive music listening; Songwriting; Lyric discussion; Music and imagery; Music performance; Learning through music; and Movement to music. “License” means a license issued by the Board to engage in the practice of music therapy. “License” includes, unless the context requires otherwise, a limited license. “Licensed professional music therapist” or “licensee” means an individual who is licensed by the Board to engage in the practice of music therapy. “Limited license” means a license issued by the Board to practice music therapy as limited by § 2–4A–11.1 of this subtitle. “Practice of music therapy” means the clinical and evidence–based use of music therapy interventions to accomplish individualized goals for individuals of all ages and ability levels within a therapeutic relationship. “Practice of music therapy” includes: Accepting referrals for music therapy services from: Medical, developmental, mental health, or education professionals; Family members; Clients; Caregivers; or Others involved with the provision of and authorized to provide client services; Collaborating with a client’s treatment team to review the client’s diagnosis, treatment needs, and treatment plan before providing music therapy services to a client for an identified clinical or developmental need; Collaborating with a client’s treatment team during the provision of music therapy services to the client, including collaborating with and discussing the music therapy treatment plan with the audiologist or speech–language pathologist of a client with a communication disorder so that a music therapist may work with the client and address communication skills; Conducting 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; Developing an individualized music therapy treatment plan for a client that is based on the music therapy assessment; Implementing an individualized music therapy treatment plan that: Is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, or wellness care or educational services being provided to a client; and Does not replace the services provided by an audiologist or a speech–language pathologist; Evaluating a client’s response to music therapy and the individualized music therapy treatment plan, documenting change and progress, and suggesting modifications, as appropriate; Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with a client, the client’s physician or another provider of health care or education for the client, an appropriate member of the client’s family, and any other appropriate individual on whom the client relies for support; Minimizing any barriers to ensure that a client receives music therapy services in the least restrictive environment; Collaborating with and educating a client, the family or caregiver of the client, or any other appropriate individual about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs; and Using appropriate knowledge and skills, including research, reasoning, and problem–solving skills, to inform practice and determine appropriate actions in the context of each specific clinical setting. “Practice of music therapy” does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder.

This subtitle does not prohibit or restrict the practice, services, or activities of: An individual licensed, certified, or regulated under the laws of the State in another profession or occupation or personnel supervised by a licensed professional in the State performing work including the use of music incidental to the practice of the individual’s licensed, certified, or regulated profession or occupation, if the individual does not represent that the individual is a licensed music therapist; Any individual whose training and national certification attest to the individual’s preparation and ability to practice the certified profession or occupation of the individual, if the individual does not represent that the individual is a licensed music therapist; Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, if the student does not represent that the student is a licensed music therapist; or Any individual who engages in the practice of music therapy under the supervision of a licensed music therapist, if the individual does not represent that the individual is a licensed music therapist.

The Board: Shall adopt regulations for the licensure and practice of music therapy; Shall adopt a code of ethics for the practice of music therapy; and May facilitate the statewide dissemination of music therapy information to music therapists, the American Music Therapy Association or any successor organization, and the Certification Board for Music Therapists or any successor organization.

The Board shall set reasonable fees for the issuance and renewal of licenses and the other services the Board provides to music therapists. The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to music therapists. The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller. The Comptroller shall distribute all fees to the Board. The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board under this subtitle.

Except as otherwise provided in this subtitle, beginning January 1, 2022, an individual shall be licensed by the Board before the individual may engage in the practice of music therapy in the State.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant shall: Be of good moral character; and Be at least 18 years old. The applicant shall: Be a board certified music therapist; and Provide proof: Of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization; or Of being transitioned into board certification; and That the applicant is currently a board certified music therapist; Hold a bachelor’s degree or higher in music therapy, or its equivalent, including clinical training, from an educational program that is: Approved by the American Music Therapy Association or any successor organization; and Within an accredited college or university; Be in good standing based on a review of the applicant’s music therapy licensure, certification, or registration history in other jurisdictions, including a review of any disciplinary actions in the practice of music therapy; and Meet any other requirements established by the Board.

To apply for a license, an applicant shall: Submit an application to the Board on the form that the Board requires; Pay to the Board the application fee set by the Board; and Submit to a criminal history records check in accordance with § 2–303.1 of this title.

The Board shall issue a license to any applicant who: Meets the requirements of this subtitle; or Meets the requirements of § 2–4A–07 of this subtitle; and Provides evidence satisfactory to the Board that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this subtitle. The Board shall include on each license that the Board issues: The full name of the licensed music therapist; The dates of issuance and expiration; and A license number. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this title, in determining whether to grant a license, the Board shall consider: The age at which the crime was committed; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not issue a license if the criminal history record information required under § 2–303.1 of this title has not been received.

A music therapist license authorizes the licensee to engage in the practice of music therapy while the license is effective.

A license expires on a date set by the Board unless the license is renewed for an additional term as provided in this section. A license may not be renewed for a term longer than 2 years. At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail or e–mail to the last known address of the licensee, a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and The amount of the renewal fee. Before a license expires, the licensee periodically may renew the license for an additional term if the licensee: Otherwise is entitled to be licensed; Pays to the Board a renewal fee set by the Board; and Submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with any continuing education requirements established by the Board under subsection (d) of this section. The Board shall establish continuing education requirements as a condition of the renewal of licenses under this section. The continuing education requirements shall include proof of completion of at least 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization. The Board shall renew the license of each licensee who meets the requirements of this section.

The Board shall place a licensee on inactive status if the licensee submits to the Board: An application for inactive status on the form that the Board requires; and The inactive status fee set by the Board. The Board shall license an individual on inactive status who applies for a license if the individual: Meets the renewal requirements of § 2–4A–10 of this subtitle; and Meets any continuing education requirements established by the Board. The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph. The Board shall reinstate the license of an individual who has not been put on inactive status and who has failed to renew the license for any reason if the individual: Meets the renewal requirements of § 2–4A–10 of this subtitle; Pays to the Board a reinstatement fee set by the Board; and Applies to the Board for reinstatement of the license within 5 years after the license expires. The Board may not reinstate the license of an individual who fails to apply for reinstatement of the license within 5 years after the license expires. Notwithstanding paragraph (1) of this subsection, an individual may become licensed by meeting the requirements of § 2–4A–06 of this subtitle for obtaining a new license.

Subject to the provisions of this section, the Board shall issue a limited license to practice music therapy to an applicant who: Except for the examination, meets the license requirements under § 2–4A–06 of this subtitle; Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice music therapy only under the supervision of an individual described under subsection (b)(2) of this section; Submits an application to the Board on the form that the Board requires; and Pays the Board the application fee set by the Board. The purpose of a limited license is to permit an individual to practice music therapy while completing the licensing requirements of this subtitle. While it is effective, a limited license authorizes the licensee to practice music therapy under the supervision of a fully licensed music therapist. A limited license expires on the first anniversary of its effective date. The Board may renew the limited license once for an additional 1–year term, if the holder: Otherwise meets the requirements of this section; Submits a renewal application to the Board on the form that the Board requires; and Pays to the Board a limited license renewal fee set by the Board. If the holder of a limited license fails to receive a full license within 2 years after the initial limited license was issued, the individual shall wait a minimum of 1 year before applying for another limited license.

A licensee shall notify the Board in writing of a change in name or address within 60 days after the change occurs. A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100. The Board shall pay any penalty collected under this section to the General Fund of the State.

Unless the Board accepts the surrender of a license, the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

Subject to the hearing provisions of § 2–4A–16 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to an applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke the license of a licensee if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside; Aids or abets an unauthorized person in practicing music therapy or self–representing as a music therapist; Practices music therapy fraudulently or deceitfully; Violates the code of ethics adopted by the Board under § 2–4A–03(2) of this subtitle; Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report; Submits a false statement to collect a fee; Willfully makes or files a false report or record in the practice of music therapy; Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the United States Department of Veterans Affairs for an act that would be grounds for disciplinary action under this section; Violates any provision of this subtitle or any regulation adopted by the Board; Uses or promotes or causes the use or promotion of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial; Is professionally, physically, or mentally incompetent; Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Behaves immorally in the practice of music therapy; Commits an act of unprofessional conduct in the practice of music therapy; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Fails to cooperate with a lawful investigation conducted by the Board; Commits an act that is inconsistent with generally accepted professional standards in the practice of music therapy; Fails to submit to a criminal history records check in accordance with § 2–303.1 of this title; Habitually is intoxicated; Provides professional services while under the influence of alcohol or while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article; In the practice of music therapy: Falsely represents the use or availability of services or advice of a physician; or Misrepresents the applicant, licensee, or holder by using the word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate; or Practices music therapy with an unauthorized person or supervises or aids an unauthorized person in the practice of music therapy.

If, after a hearing under § 2–4A–16 of this subtitle, the Board finds that there are grounds under § 2–4A–14 of this subtitle to suspend or revoke a license or to reprimand a licensee, the Board may impose a monetary penalty not exceeding $5,000: Instead of suspending the license; or In addition to suspending or revoking the license. The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section. The Board shall pay any penalty collected under this section into the General Fund of the State.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–4A–14 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board. The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act. The individual may be represented at the hearing by counsel. Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board. The Board shall issue subpoenas on behalf of the individual if the individual: Requests that the Board do so; and States under oath that the testimony or evidence sought is necessary to the individual’s defense. If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, a court of competent jurisdiction may compel, on petition of the Board, compliance with the subpoena. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter. The hearing of charges may not be stayed or challenged by any procedural defect alleged to have occurred before the filing of charges.

Except as provided in this section for an action under § 2–4A–14 of this subtitle, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act. A person aggrieved by a final decision of the Board under § 2–4A–14 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act. A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may: Reinstate a license that has been revoked; Reduce the period of a suspension; or Withdraw a reprimand.

The Board may issue a cease and desist order for a violation of this subtitle.

An action may be maintained in the name of the State or the Board to enjoin: The unauthorized practice of music therapy; or Conduct that is a ground for disciplinary action under § 2–4A–14 of this subtitle. An action under this section may be brought by: The Board, in its own name; The Attorney General, in the name of the State; or A State’s Attorney, in the name of the State. An action under this section shall be brought in the county where the defendant: Resides; or Engages in the acts sought to be enjoined. Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section. An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of music therapy under § 2–4A–22 of this subtitle or disciplinary action under § 2–4A–14 of this subtitle.

In this section, “music therapist rehabilitation committee” means a committee of the Board that: Is recognized by the Board; Includes music therapists; and Evaluates and provides assistance to any music therapist in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition. The music therapist rehabilitation committee may function: Solely for the Board; or Jointly with a rehabilitation committee representing another board or boards. Except as otherwise provided in this subsection, the proceedings, records, and files of the music therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the music therapist rehabilitation committee. Paragraph (1) of this subsection does not apply to any record or document that is considered by the music therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action. For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board. An individual who acts in good faith and within the scope of jurisdiction of the music therapist rehabilitation committee is not civilly liable for any action as a member of the music therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the music therapist rehabilitation committee.

Except as otherwise provided in this subtitle, an individual may not practice, attempt to practice, or offer to practice music therapy in the State unless licensed by the Board. Each violation of this section is a separate offense.

Unless authorized to practice music therapy under this subtitle, an individual may not: Represent to the public that the individual is a licensed music therapist; or Use any title, abbreviation, sign, card, or other representation that the individual is a licensed music therapist.

An individual who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

This subtitle may be cited as the Maryland Music Therapists Act.