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Terms Used In New Jersey Statutes 45:8B-90.3

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
3. As used in this act:

“Board” means the State Board of Creative Arts Therapies established in section 4 of P.L.2019, c.273 (C. 45:8B-71).

“Board certified music therapist” means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination or transitioned into board certification, and remains actively certified by the Certification Board for Music Therapists.

“Licensed professional music therapist” means an individual who holds a current, valid license issued pursuant to section 8 of this act.

“Music therapist” means any person licensed to practice music therapy pursuant to the provisions of this act.

“Music therapy” means the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. The practice of music therapy does not include the diagnosis of any physical, mental, or communication disorder. This term may include:

(1) accepting referrals for music therapy services from medical, developmental, mental health or education professionals; family members; clients; or caregivers. Before providing music therapy services to a client for a medical, developmental, or mental health condition, the licensed professional music therapist shall collaborate, as applicable, with the client’s physician, psychologist, licensed clinical social worker, or other mental health professional to review the client’s diagnosis, treatment needs, and treatment plan. Before providing music therapy services to a client for a speech, language, voice, fluency, cognitive-linguistic, or swallowing disorder the licensed professional music therapist shall collaborate, as applicable, with the client’s speech-language pathologist or audiologist to review the client’s diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client, the licensed professional music therapist shall collaborate, as applicable, with the client’s physician, psychologist, licensed clinical social worker, or other mental health professional. During the provision of music therapy services to a client for a speech, language, voice, fluency, cognitive-linguistic, or swallowing disorder the licensed professional music therapist shall collaborate, as applicable, with the client’s speech-language pathologist or audiologist;

(2) 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;

(3) developing an individualized music therapy treatment plan for the client;

(4) carrying out an individualized music therapy treatment plan that is consistent with any other medical, developmental, mental health, educational, or rehabilitation services being provided to the client. When providing educational services a music therapist may not replace the services typically provided by a speech-language specialist, and when providing rehabilitation services a music therapist may not replace the services typically provided by a speech-language pathologist; however, nothing in this section shall be construed as prohibiting a music therapist from working with a client diagnosed with a communication disorder;

(5) evaluating the client’s response to music therapy and the individualized music therapy treatment plan, and suggesting modifications, as appropriate;

(6) developing 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;

(7) minimizing any barriers so that the client may receive music therapy services in the least restrictive environment; and

(8) collaborating with and educating 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.

L.2019, c.471, s.3.