SB 82
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 82 (Senator Augustine)
Education, Health, and Environmental Affairs Health and Government Operations
State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-
Language Pathologists - Maryland Music Therapists Act
This bill requires individuals to be licensed with the State Board of Examiners for
Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists by
January 1, 2022, in order to practice music therapy in the State. The bill alters the name of
the board and the board’s special fund to reflect the addition of the new license. The bill
also adds two board members who are music therapists (board certified before
January 1, 2022, and licensed on or thereafter) practicing in the State with specified work
experiences and appointed by the Governor from a specified list with the advice of the
Secretary of Health.
Fiscal Summary
State Effect: Special fund revenues increase by $22,500 in FY 2022 from initial licensure
fees; future year revenues reflect biennial renewal fees and an unknown number of
new applicants. Special fund expenditures increase by $1,900 in FY 2022 for
reimbursement of new board members; future year expenditures reflect annualization.
(in dollars) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
SF Revenue $22,500 $0 $37,500 $0 $37,500
SF Expenditure $1,900 $2,600 $2,600 $2,600 $2,600
Net Effect $20,600 ($2,600) $34,900 ($2,600) $34,900
Note:() = decrease; GF = general funds; FF = federal funds; SF = special funds; - = indeterminate increase; (-) = indeterminate decrease
Local Effect: None.
Small Business Effect: Meaningful.
Analysis
Bill Summary: “Board certified music therapist” means an individual who (1) has
completed the education and clinical training requirements established by the American
Music Therapy Association (AMTA) and (2) holds current board certification from the
Certification Board for Music Therapists (CBMT).
“Practice of music therapy” means the clinical and evidence-based use of music therapy to
accomplish individualized goals for individuals of all ages and ability levels within a
therapeutic relationship. The term does not include the screening, diagnosis, or assessment
of any physical, mental, or communication disorder.
An individual licensed to practice music therapy may not represent to the public that the
individual is authorized to treat a communication disorder, but may work with a client who
has a communication disorder and address communication skills.
Requirements of the Board
The board must adopt regulations for the licensure and practice of music therapy and a
code of ethics for the practice of music therapy. The board may also facilitate the statewide
dissemination of music therapy information to music therapists, AMTA, and CBMT (or
any successor organizations). Additionally, the board must set reasonable fees for the
issuance and renewal of licenses and the other services the board provides to music
therapists. The fees charged must be set to approximate the cost of maintaining the
licensure program and the other services provided to music therapists.
Qualifications for Licensure
To qualify for a license, an applicant must be of good moral character and at least
18 years old. The applicant must:
be a board certified music therapist and provide proof that the applicant has either
passed the examination for board certification offered by CBMT (or any successor
organization) or is being transitioned into board certification, as well as proof 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 AMTA (or any
successor organization) and within an accredited college or university;
be in good standing based on a review of the applicant’s licensure, certification, or
registration history in other jurisdictions; and
meet any other requirements established by the board.
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Application Process and Criminal History Records Check
To apply for a license, an applicant must (1) submit an application to the board; (2) pay the
application fee set by the board; and (3) submit to a criminal history records check. The
board may not issue a license if the criminal history record information (CHRI) has not
been received. On receipt of the CHRI of an applicant, when determining whether to grant
a license, the board must consider specified factors.
Renewal, Inactive Status, and Reinstatement of Licenses
A license may not be renewed for a term longer than two years. The board must establish
continuing education requirements as a condition of license renewal, which must include
proof of completion of at least 40 hours of continuing education in an approved program.
The bill also specifies procedures for inactive status and reinstatement of a license.
Disciplinary Authority
Subject to specified hearing requirements, the board may deny any applicant a license,
reprimand a licensee, place a licensee on probation, or suspend or revoke a license, if the
applicant or licensee engages in specified conduct.
If the board finds grounds to suspend or revoke a license or to reprimand a licensee, the
board may impose a monetary penalty of up to $5,000 instead of suspending or in addition
to suspending or revoking the license. The board must pay any penalties into the general
fund. The board may also issue a cease and desist order for a violation of the bill’s
provisions.
With limited exceptions, a person aggrieved by a final decision of the board in a contested
case is entitled to judicial review. A decision of the board to deny a license, enforce a
suspension for more than one year, or revoke a license may not be stayed pending judicial
review. On the affirmative vote of a majority of its full appointed membership, the board
may reinstate the license of an individual whose license has been revoked, reduce a
suspension, or withdraw a reprimand. 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.
Prohibited Acts and Penalties
With specified exceptions, unless a person is licensed by the board, a person may not
practice music therapy in the State, represent to the public that the person is a licensed
music therapist, or use any title or other representation that the person is a licensed music
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therapist. A person who violates any of the bill’s provisions is guilty of a misdemeanor and
on conviction is subject to a fine of up to $5,000 and/or imprisonment for up to one year.
Current Law: In general, an individual must be licensed by the board to practice
audiology or speech-language pathology or provide hearing aid services. Licenses must be
renewed every two years. The board consists of 13 members: 3 licensed audiologists;
3 licensed speech-language pathologists; 2 physicians; 2 consumer members; and
3 licensed hearing aid dispensers.
State Revenues: The bill authorizes the board to set reasonable fees for licensure
sufficient to produce funds to approximate the cost of maintaining the licensure program
and other services provided to music therapists. CBMT, an independent organization,
certifies music therapists to practice music therapy and administers a national music
therapy examination. According to CBMT, 152 individuals with CBMT certification
practice in Maryland. Thus, DLS estimates that approximately 150 individuals will seek
licensure in fiscal 2022.
The board advises that license fees will be $150 for an initial license and $250 for a renewal
license. Thus, board special fund revenues increase by $22,500 in fiscal 2022, and $37,500
in fiscal 2024 and 2026 (and biennially thereafter).
State Expenditures: The board advises it is able to license music therapists with existing
staff resources. However, special fund expenditures for the board increase by $1,931 in
fiscal 2022, and by $2,574 annually thereafter to cover board member reimbursements for
the two additional board members to attend 11 annual meetings.
Small Business Effect: As of January 1, 2022, to be able to continue to practice music
therapy in Maryland, an individual must be licensed by the board and is subject to various
fees and to regulatory oversight and disciplinary action by the board. The bill does not
waive licensure requirements for credentialed music therapists who are already practicing
in the State.
Additional Information
Prior Introductions: HB 1102 of 2020, a similar bill, received a hearing in the House
Health and Government Operations Committee, but no further action was taken. Its
cross file, SB 766, received a hearing in the Senate Finance Committee, but no further
action was taken.
Designated Cross File: HB 233 (Delegate Sample-Hughes) - Health and Government
Operations.
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Information Source(s): Maryland Department of Health; Department of Legislative
Services
Fiscal Note History: First Reader - January 19, 2021
rh/jc Third Reader - March 5, 2021
Revised - Amendment(s) - March 5, 2021
Enrolled - April 22, 2021
Revised - Amendment(s) - April 22, 2021
Analysis by: Amber R. Gundlach Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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Statutes affected: Text - First - State Board of Professional Counselors and Therapists - Maryland Music Therapists Act: 2-022 Health Occupations, 8-403 State Government
Text - Third - State Board of Professional Counselors and Therapists - Maryland Music Therapists Act: 2-501 Health Occupations, 2-101 Health Occupations, 2-102 Health Occupations, 2-201 Health Occupations, 2-202 Health Occupations, 2-206 Health Occupations, 2-022 Health Occupations, 2-501 Health Occupations, 8-403 State Government
Text - Enrolled - State Board of Examiners for Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists - Maryland Music Therapists Act: 2-101 Health Occupations, 2-102 Health Occupations, 2-201 Health Occupations, 2-202 Health Occupations, 2-206 Health Occupations, 2-402.2 Health Occupations, 2-022 Health Occupations, 2-501 Health Occupations, 8-403 State Government