# Title 43 — Occupations and Professions

## Chapter 43-59 — Music Therapists

### § 43-59-01. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Board" means the state board of integrative health care created under chapter 43-57.
2. "Licensee" means an individual licensed by the board under this chapter.
3. "Music therapist" is an individual who practices music therapy.
4. "Music therapy" is the specialized use of music and the materials of music to restore,
maintain, and improve the following areas of functioning: cognitive, psychological,
social or emotional, affective, physical, sensory or sensorimotor, motor,
communicative, and physiological functioning. Techniques used in the practice of
music therapy include the use of music to provide participatory individual and group
experiences; musical improvisation; therapeutic development of verbal skills and
nonverbal behavior; receptive music learning; lyric discussions; memory recall; music
and imagery; self-expression through composition and songwriting; socialization and
enhancement of self-esteem through music performance; relaxation to music,
including stress and pain management; learning through music; cultural and spiritual
expression; development of fine and gross motor skills through responses to rhythm;
respiratory and speech improvements through sound production; sensory integration
and stimulation; increased awareness of music for development of recreation and
leisure interests; and interactive verbal techniques to help facilitate, elicit, or
summarize the techniques listed in this subsection and build the therapeutic
relationship.
### § 43-59-02. Music therapy - License required - Title restrictions - Exceptions.

1. Effective August 1, 2012, a person may not hold out as practicing music therapy, hold
out as being a music therapist, or use a title or other designation indicating the person
is a music therapist in this state unless that person is an individual licensed under this
chapter and chapter 43-57.
2. The licensure provisions of this chapter do not prevent or restrict the practice,
services, or activities of any individual licensed in another profession or any individual
supervised by a licensed professional from performing work incidental to the practice
of that profession or occupation, if that individual does not represent the individual as a
music therapist.
### § 43-59-03. Qualifications for licensure.

1. In order to obtain a license to practice music therapy in this state, an application must
be made to the board. The application must be upon the form adopted by the board
and must be made in the manner prescribed by the board.
2. An applicant for licensure to practice music therapy shall file an application on forms
provided by the board showing to the board's satisfaction that the applicant is an
individual of good moral character, is at least eighteen years of age, and satisfied all
the requirements established by the board which may include:
a. Successful graduation of a board-approved educational program;
b. Successful completion of a board-approved examination prescribed or endorsed
by the board;
c. Hold in good standing a board-approved designation, such as:
(1) A music therapist board-certified credential from the certification board for
music therapists; or
(2) A professional designation from the national music therapy registry, which
may include registered music therapist, certified music therapist, and
advanced certified music therapist.
d. Physical, mental, and professional capability for the practice of music therapy in a
manner acceptable to the board;

e. A history free of any finding by the board, any other state licensure board, or any
court of competent jurisdiction of the commission of any act that would constitute
grounds for disciplinary action under this chapter or chapter 43-57. The board
may modify this restriction for cause.
3. The application must be accompanied by the board-established license fees and
application fees and by the documents, affidavits, and certificates necessary to
establish that the applicant possesses the necessary qualifications.
