No. 38916 (New Rule): Rule R156-84. State Certification of Music Therapists Act Rule

(New Rule)

DAR File No.: 38916
Filed: 10/16/2014 10:21:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 277, which was passed during the 2014 General Legislative Session, created a certification designation for music therapists. The newly created statute in Title 58, Chapter 84, granted authority to the Division to create rules defining certification qualifications and renewal requirements.

Summary of the rule or change:

This filing establishes rules under the State Certification of Music Therapists Act Rule. New sections are created for the following: title, definitions, authority-purpose, organization-relationship to Rule R156-1, qualifications for state certification-application requirements, renewal cycle-procedures, and unprofessional conduct.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-84-101

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed new rule only applies to certified music therapists and applicants for certification in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed new rule only applies to certified music therapists and applicants for certification in that classification. Small businesses may incur costs if they pay the music therapist application fee of $70 and renewal fee of $47 for employees. If a small business pays costs for employees, there may also be a cost involved with becoming board certified with the Certification Board for Music Therapists. However, the Division is not able to determine this cost due to a wide range of circumstances for persons who wish to become certified as a music therapist.

persons other than small businesses, businesses, or local governmental entities:

The proposed new rule only applies to certified music therapists and applicants for certification in that classification.

Compliance costs for affected persons:

The proposed new rule only applies to certified music therapists and applicants for certification in that classification. Applicants for certification as a music therapist will pay an application fee of $70 and certified music therapists will pay a renewal fee of $47 every two years. There may also be a cost involved with becoming board certified with the Certification Board for Music Therapists. However, the Division is not able to determine this cost due to a wide range of circumstances for persons who wish to become certified as a music therapist. It should also be noted that the costs associated with the certification application fee, renewal fee and enforcement of the newly created statute were included in the Legislature's passing of H.B. 277 (2014).

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule analysis, this filing responds to H.B. 277 (2014), which mandates rulemaking in order to establish the requirements for obtaining state certification as a music therapist. Any costs to businesses were considered by the Legislature in determining to implement state regulation of the music therapy profession.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2014

Interested persons may attend a public hearing regarding this rule:

• 11/20/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464, Salt Lake City, UT

This rule may become effective on:

12/22/2014

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-84. State Certification of Music Therapists Act Rule.

R156-84-101. Title.

This rule is known as the "State Certification of Music Therapists Act Rule."

 

R156-84-102. Definitions.

In addition to the definitions in Title 58, Chapter 1, as used in this rule, "unprofessional conduct" is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-84-502.

 

R156-84-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 84.

 

R156-84-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

 

R156-84-302a. Qualifications for State Certification - Application Requirements.

In accordance with Subsection 58-1-203(1)(b) and Section 58-1-301, the application requirements for licensure in Section 58-84-201 are clarified as follows:

(1) The Division has determined there are no boards equivalent to the Certification Board for Music Therapists.

(2) A board may apply for equivalency status by submitting appropriate credentials for evaluation by the Division. If determined equivalent, the board will be issued a letter of equivalency and listed herein.

 

R156-84-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 84 is established by rule in Subsection R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-84-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) receiving disciplinary action imposed against certification by the Certification Board for Music Therapists or an equivalent board; or

(2) failing to maintain an active and in good standing certification by the Certification Board for Music Therapists or an equivalent board.

 

KEY: licensing, certified music therapist

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-84-101

 

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