Chapter 175, Laws of 2023
68th Legislature
2023 Regular Session
EFFECTIVE DATE: July 23, 2023—Except for section 11, which takes
effect October 1, 2023.
Passed by the House February 27, 2023 CERTIFICATE
Yeas 82 Nays 13
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 1247 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 12, 2023
Yeas 46 Nays 3
DENNY HECK Chief Clerk
President of the Senate
Approved April 25, 2023 3:29 PM FILED
April 26, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Health Care & Wellness (originally sponsored by
Representatives Reed, Harris, Mena, Berry, Simmons, Morgan, Slatter,
Ryu, Goodman, Donaghy, Reeves, Sandlin, Stearns, and Fosse)
1 AN ACT Relating to licensure for music therapists; amending RCW
2 18.120.020, 18.130.040, and 18.130.040; adding a new chapter to Title
3 18 RCW; providing an effective date; and providing an expiration
4 date.
6 NEW SECTION. Sec. 1. The legislature intends to:
7 (1) Recognize that music therapy affects public health, safety,
8 and welfare and that the practice of music therapy should be subject
9 to regulation;
10 (2) Assure the highest degree of professional conduct on the part
11 of music therapists;
12 (3) Guarantee the availability of music therapy services provided
13 by a qualified professional to persons in need of those services; and
14 (4) Protect the public from the practice of music therapy by
15 unqualified individuals.
16 NEW SECTION. Sec. 2. The definitions in this section apply
17 throughout this chapter unless the context clearly requires
18 otherwise.
19 (1) "Advisory committee" means the music therapy advisory
20 committee.
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1 (2) "Commission" means the Washington medical commission.
2 (3) "Department" means the department of health.
3 (4) "Music therapist" means a person licensed to practice music
4 therapy pursuant to this chapter.
5 (5)(a) "Music therapy" means the clinical and evidence-based use
6 of music interventions to accomplish individualized goals of music
7 therapy clients by employing strategies and tools that include but
8 are not limited to:
9 (i) Accepting referrals for music therapy services from health
10 care or educational professionals, family members, or caregivers;
11 (ii) Conducting music therapy assessments of a client to
12 determine appropriate music therapy services;
13 (iii) Developing and implementing individualized music therapy
14 treatment plans that identify goals, objectives, and strategies of
15 music therapy that are appropriate for clients;
16 (iv) Using music therapy techniques such as improvisation,
17 performance, receptive music listening, song writing, lyric
18 discussion, guided imagery with music, learning through music, and
19 movement to music;
20 (v) During the provision of music therapy services to a client,
21 collaborating, as applicable, with the client's treatment team,
22 including physicians, psychologists, occupational therapists,
23 licensed clinical social workers, or other mental health
24 professionals. During the provision of music therapy services to a
25 client with a communication disorder, the licensed professional music
26 therapist shall collaborate and discuss the music therapy treatment
27 plan with the client's audiologist, occupational therapist, or
28 speech-language pathologist. When providing educational or health
29 care services, a music therapist may not replace the services
30 provided by an audiologist, occupational therapist, or speech-
31 language pathologist;
32 (vi) Evaluating a client's response to music therapy techniques
33 and the individualized music therapy treatment plan;
34 (vii) Any necessary modification of the client's individualized
35 music therapy treatment plan;
36 (viii) Any necessary collaboration with other health care
37 professionals treating a client;
38 (ix) Minimizing barriers that may restrict a client's ability to
39 receive or fully benefit from music therapy services; and
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1 (x) Developing a plan for determining when the provision of music
2 therapy services is no longer needed.
3 (b) "Music therapy" does not include the screening, diagnosis, or
4 assessment of any physical, mental, or communication disorder.
5 (6) "Secretary" means the secretary of health or his or her
6 designee.
7 NEW SECTION. Sec. 3. (1) A music therapy advisory committee is
8 created within the department. The committee consists of five members
9 as follows: Three who practice as music therapists in Washington
10 state, one member who is a licensed health care provider but not a
11 music therapist, and one member who is a consumer.
12 (2) The secretary shall appoint all members of the advisory
13 committee. All members must be familiar with the practice of music
14 therapy and able to provide the department with expertise and
15 assistance in carrying out the following duties pursuant to this
16 chapter:
17 (a) Developing regulations; and
18 (b) Establishing standards of practice and professional
19 responsibility for music therapists.
20 (3) Members shall serve a term of four years without
21 compensation.
22 (4) Members may serve consecutive terms at the direction of the
23 department. Any vacancy shall be filled in the same manner as regular
24 appointments.
25 (5) The advisory committee shall meet at least once per year or
26 as otherwise called by the department.
27 (6) The department shall consult with the advisory committee for
28 issues related to music therapy licensure and renewal. The department
29 shall provide analysis of disciplinary actions taken, appeals,
30 denials, or revocations of licenses at least once per year.
31 NEW SECTION. Sec. 4. The department shall issue a license to
32 practice music therapy to an applicant who meets the following
33 requirements:
34 (1) Is at least 18 years of age;
35 (2) Is in good standing in any other states where the applicant
36 is licensed or certified to practice music therapy;
37 (3) Submits sufficient documentation as determined by the
38 department in rule and includes the following requirements:
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1 (a) Completion of an academic and clinical training program for
2 music therapy approved by the secretary, following consultation with
3 the advisory committee and consideration of standards adopted by
4 national certification boards for music therapy; and
5 (b) Successful completion of an examination administered or
6 approved by the secretary, following consultation with the advisory
7 committee and consideration of standards adopted by national
8 certification boards for music therapy;
9 (4) Pays a fee determined by the secretary as provided in section
10 7 of this act.
11 (5) Meets any other qualifications as determined by the
12 department in rule.
13 NEW SECTION. Sec. 5. Every license issued under this chapter
14 must be renewed biennially. Each licensee is responsible for timely
15 renewal of the licensee's license. To renew a license, a licensee
16 must follow the rules adopted under RCW 43.70.280.
17 NEW SECTION. Sec. 6. (1) Beginning January 1, 2025, a person
18 may not practice music therapy or use any title or designation of
19 "music therapist" that indicates that the person is authorized to
20 practice music therapy unless the person is licensed under this act.
21 (2) Nothing in this chapter may be construed to prohibit or
22 restrict the practices, services, or activities of the following:
23 (a) Any person licensed, certified, or regulated under the laws
24 of Washington state in another profession or occupation or personnel
25 supervised by a licensed professional in this state performing work,
26 including the use of music, incidental to the practice of the
27 licensed, certified, or regulated profession or occupation, if the
28 person does not represent that the person is a music therapist;
29 (b) Any person whose training and national certification attests
30 to the individual's preparation and ability to practice the certified
31 profession or occupation, if the person does not represent that the
32 person is a music therapist; and
33 (c) Any use and practice of music therapy as an integral part of
34 a program of study for students enrolled in a music therapy education
35 program.
36 (3) Unless authorized to practice speech-language pathology,
37 music therapists may not evaluate, examine, instruct, or counsel on
38 speech, language, communication, or swallowing disorders or
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1 conditions. An individual licensed as a professional music therapist
2 may not represent to the public that the individual is authorized to
3 treat a communication disorder. This does not prohibit an individual
4 licensed as a professional music therapist from representing to the
5 public that the individual may work with clients who have a
6 communication disorder and address communication skills.
7 (4) Before providing music therapy services to a client for an
8 identified clinical or developmental need, it is recommended that the
9 licensee review the client's diagnosis, treatment needs, and
10 treatment.
11 (5) Before providing music therapy services to a student for an
12 identified educational need, the licensee shall review the student's
13 diagnosis, treatment needs, and treatment plan with the
14 individualized family service plan's team or the individualized
15 education program's team.
16 NEW SECTION. Sec. 7. In addition to any other authority
17 provided by law, the secretary has the authority to:
18 (1) Adopt rules under chapter 34.05 RCW necessary to implement
19 this chapter. Any rules adopted shall be in consultation with the
20 committee;
21 (2) Establish all licensing, examination, and renewal fees in
22 accordance with RCW 43.70.250 and 43.70.280;
23 (3) Establish forms and procedures necessary to administer this
24 chapter;
25 (4) Issue licenses to applicants who have met the education,
26 training, and examination requirements for licensure and to deny a
27 license to applicants who do not meet the requirements;
28 (5) Hire clerical, administrative, investigative, and other staff
29 as needed to implement this chapter, and hire individuals licensed
30 under this chapter to serve as examiners for any practical
31 examinations;
32 (6) Administer and supervise the grading and taking of
33 examinations for applicants for licensure;
34 (7) Determine which states have credentialing requirements
35 substantially equivalent to those of this state, and issue licenses
36 to individuals credentialed in those states without examinations;
37 (8) Implement and administer a program for consumer education in
38 consultation with the committee;
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1 (9) Adopt rules implementing a continuing education program in
2 consultation with the committee;
3 (10) Maintain the official record of all applicants and
4 licensees; and
5 (11) Establish by rule the procedures for an appeal of an
6 examination failure.
7 NEW SECTION. Sec. 8. (1) The department shall establish and
8 adopt rules governing the administration of this chapter in
9 accordance with chapter 34.05 RCW.
10 (2) The uniform disciplinary act, chapter 18.130 RCW, governs
11 unlicensed practice, the issuance and denial of a license, and the
12 discipline of persons licensed under this chapter. The secretary is
13 the disciplining authority under this chapter.
14 Sec. 9. RCW 18.120.020 and 2020 c 80 s 22 are each amended to
15 read as follows:
16 The definitions in this section apply throughout this chapter
17 unless the context clearly requires otherwise.
18 (1) "Applicant group" includes any health professional group or
19 organization, any individual, or any other interested party which
20 proposes that any health professional group not presently regulated
21 be regulated or which proposes to substantially increase the scope of
22 practice of the profession.
23 (2) "Certificate" and "certification" mean a voluntary process by
24 which a statutory regulatory entity grants recognition to an
25 individual who (a) has met certain prerequisite qualifications
26 specified by that regulatory entity, and (b) may assume or use
27 "certified" in the title or designation to perform prescribed health
28 professional tasks.
29 (3) "Grandfather clause" means a provision in a regulatory
30 statute applicable to practitioners actively engaged in the regulated
31 health profession prior to the effective date of the regulatory
32 statute which exempts the practitioners from meeting the prerequisite
33 qualifications set forth in the regulatory statute to perform
34 prescribed occupational tasks.
35 (4) "Health professions" means and includes the following health
36 and health-related licensed or regulated professions and occupations:
37 Podiatric medicine and surgery under chapter 18.22 RCW; chiropractic
38 under chapter 18.25 RCW; dental hygiene under chapter 18.29 RCW;
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1 dentistry under chapter 18.32 RCW; denturism under chapter 18.30 RCW;
2 dental anesthesia assistants under chapter 18.350 RCW; dispensing
3 opticians under chapter 18.34 RCW; hearing instruments under chapter
4 18.35 RCW; naturopaths under chapter 18.36A RCW; embalming and
5 funeral directing under chapter 18.39 RCW; midwifery under chapter
6 18.50 RCW; nursing home administration under chapter 18.52 RCW;
7 optometry under chapters 18.53 and 18.54 RCW; ocularists under
8 chapter 18.55 RCW; osteopathic medicine and surgery under chapter
9 18.57 RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine
10 under chapters 18.71 and 18.71A RCW; emergency medicine under chapter
11 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses
12 under chapter 18.79 RCW; psychologists under chapter 18.83 RCW;
13 registered nurses under chapter 18.79 RCW; occupational therapists
14 licensed under chapter 18.59 RCW; respiratory care practitioners
15 licensed under chapter 18.89 RCW; veterinarians and veterinary
16 technicians under chapter 18.92 RCW; massage therapists under chapter
17 18.108 RCW; acupuncturists or acupuncture and Eastern medicine
18 practitioners licensed under chapter 18.06 RCW; persons registered
19 under chapter 18.19 RCW; persons licensed as mental health
20 counselors, marriage and family therapists, and social workers under
21 chapter 18.225 RCW; dietitians and nutritionists certified by chapter
22 18.138 RCW; radiologic technicians under chapter 18.84 RCW; nursing
23 assistants registered or certified under chapter 18.88A RCW;
24 reflexologists certified under chapter 18.108 RCW; medical
25 assistants-certified, medical assistants-hemodialysis technician,
26 medical assistants-phlebotomist, forensic phlebotomist, and medical
27 assistants-registered certified and registered under chapter 18.360
28 RCW; ((and)) licensed behavior analysts, licensed assistant behavior
29 analysts, and certified behavior technicians under chapter 18.380
30 RCW; and music therapists licensed under chapter 18.--- RCW (the new
31 chapter created in section 12 of this act).
32 (5) "Inspection" means the periodic examination of practitioners
33 by a state agency in order to ascertain whether the practitioners'
34 occupation is being carried out in a fashion consistent with the
35 public health, safety, and welfare.
36 (6) "Legislative committees of reference" means the standing
37 legislative committees designated by the respective rules committees
38 of the senate and house of representatives to consider proposed
39 legislation to regulate health professions not previously