87R6351 JCG-D     By: A. Johnson of Harris H.B. No. 2473       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of music therapists;   requiring an occupational license; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle H, Title 3, Occupations Code, is   amended by adding Chapter 456 to read as follows:   CHAPTER 456. MUSIC THERAPISTS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 456.001.  DEFINITIONS. In this chapter:                (1)  "Advisory committee" means the advisory committee   created under Subchapter B.                (2)  "Board" means the Texas Medical Board.                (3)  "Music therapist" means a person who holds a music   therapist license issued by the board under this chapter.                (4)  "Music therapy" means the clinical and   evidence-based use of music interventions by a person for an   individual who is in a therapeutic relationship with the person to   assist the individual in accomplishing particular goals. The music   interventions may include music improvisation, receptive music   listening, songwriting, lyric discussion, music and imagery,   singing, music performance, learning through music, music combined   with other arts, music-assisted relaxation, music-based patient   education, electronic music technology, adapted music   intervention, and movement to music. The practice of music therapy   does not include the diagnosis or assessment of any physical,   mental, or communication disorder.  The term includes:                      (A)  accepting referrals for music therapy   services from health professionals and collaborating as necessary   with a referring health professional on a treatment plan to provide   music therapy addressing the individual's clinical or   developmental needs;                      (B)  conducting an assessment of an individual to   determine whether music therapy is recommended or necessary for the   individual, including the collection of information to determine   the recommended or necessary manner of music therapy services;                      (C)  developing an individualized music therapy   treatment plan based on an assessment described by Paragraph (B),   including specific goals for the individual, specific methods to be   used to achieve the goals, and a plan to ensure that the individual   receives music therapy in the least restrictive environment;                      (D)  implementing a treatment plan that is   consistent with any other health or educational service being   provided to an individual;                      (E)  evaluating an individual's response to a   music therapy treatment plan, documenting progress, and   recommending changes, including terminating treatment, as   appropriate;                      (F)  collaborating with any appropriate person   with regard to an individual receiving music therapy services,   including the individual's caretakers or family, to ensure that the   music therapy services are appropriate; and                      (G)  researching and applying best practices as   applicable to each clinical setting.          Sec. 456.002.  APPLICABILITY. (a) A person is not required   to hold a license under this chapter if the person is:                (1)  a person whose training and certification, or   other accreditation, in a particular occupation attests to the   person's ability to practice that occupation and who acts within   the scope of that occupation, including a licensed health care   worker or other professional acting within the scope of the   person's license;                (2)  a student who is performing activities under the   supervision of a license holder as part of a degree program   described by Section 456.153(2); or                (3)  a person employed in the service of the federal   government while performing duties related to that employment.          (b)  Section 456.151(b) applies to a person described by   Subsection (a).   SUBCHAPTER B. ADVISORY COMMITTEE          Sec. 456.051.  ADVISORY COMMITTEE. (a) The advisory   committee is an informal advisory committee to the board and is not   subject to Chapter 2110, Government Code.          (b)  The advisory committee does not have independent   rulemaking authority.          Sec. 456.052.  APPOINTMENT OF ADVISORY COMMITTEE; TERMS.   (a) The advisory committee consists of five members appointed by   the board as follows:                (1)  three members, each of whom has been licensed   under this chapter for at least three years;                (2)  one member who is a licensed health care provider   but who is not licensed under this chapter; and                (3)  one public member.          (a-1)  Notwithstanding Subsection (a)(1), a person is   eligible for appointment as a member of the advisory committee   under Subsection (a)(1) if the person has practiced music therapy   for the period required under Subsection (a)(1), regardless of   whether the person has held a music therapy license continuously   during that period. This subsection expires January 31, 2025.          (b)  Members of the advisory committee serve staggered   three-year terms with the terms of one or two members expiring on   February 1 of each year.          (c)  Appointments to the advisory committee shall be made   without regard to the race, color, disability, sex, religion, age,   or national origin of the appointee.          Sec. 456.053.  MEMBERSHIP RESTRICTIONS. (a) In this   section, "Texas trade association" means a cooperative and   voluntarily joined statewide association of business or   professional competitors in this state designed to assist its   members and its industry or profession in dealing with mutual   business or professional problems and in promoting their common   interest.          (b)  A person may not be a member of the advisory committee   if:                (1)  the person is an officer, employee, or paid   consultant of a Texas trade association in the field of music   therapy; or                (2)  the person's spouse is an officer, manager, or paid   consultant of a Texas trade association in the field of music   therapy.          (c)  A person may not be a member of the advisory committee if   the person is required to register as a lobbyist under Chapter 305,   Government Code, because of the person's activities for   compensation on behalf of a profession related to the field of music   therapy.          Sec. 456.054.  VACANCY. If a vacancy occurs during a   member's term, the board shall appoint a new member to fill the   unexpired term.          Sec. 456.055.  COMPENSATION. An advisory committee member   may not receive compensation for service on the advisory committee.          Sec. 456.056.  MEETINGS. (a) The advisory committee shall   meet at least twice every year and at other times as requested by   the board.          (b)  A meeting may be held by telephone conference call.          Sec. 456.057.  DUTIES OF ADVISORY COMMITTEE.  The advisory   committee shall:                (1)  advise the board on the practice of music therapy   and on matters pertaining to licensure and continuing education   requirements for music therapy under this chapter;                (2)  facilitate the development of materials to educate   the public on the practice of music therapy, the licensing of music   therapists, and the benefits of music therapy as provided in an   individual setting and in an institutional setting;                (3)  coordinate the dissemination of information to and   the exchange of information among music therapists in this state,   the American Music Therapy Association or any successor   organization, the Certification Board for Music Therapists or any   successor organization, and the board;                (4)  advise and assist the board with any disciplinary   proceeding instituted under this chapter; and                (5)  at least annually, provide an analysis to the   board of disciplinary actions taken by the board under this   chapter, including appeals, denials, and revocations.   SUBCHAPTER C. POWERS AND DUTIES OF BOARD          Sec. 456.101.  GENERAL POWERS AND DUTIES. The board shall:                (1)  establish qualifications for a music therapist to   practice in this state;                (2)  establish requirements for an examination for a   license to practice as a music therapist;                (3)  establish minimum education and training   requirements necessary for a license to practice as a music   therapist;                (4)  prescribe the application form for a license to   practice as a music therapist;                (5)  develop an approved program of mandatory   continuing education and the manner in which attendance at approved   courses, clinics, forums, lectures, programs, and seminars is   monitored and recorded; and                (6)  consult with the advisory committee in performing   the duties described by this section.          Sec. 456.102.  FEES. The board, in consultation with the   advisory committee, shall set and collect fees in amounts that are   reasonable and necessary to cover the costs of administering and   enforcing this chapter.   SUBCHAPTER D. LICENSE REQUIREMENTS          Sec. 456.151.  LICENSE REQUIRED. (a) Except as provided by   Section 456.002, a person may not practice music therapy unless the   person holds a license issued under this chapter.          (b)  Unless the person holds a license issued under this   chapter, a person may not use in connection with the person's name,   including in advertisements:                (1)  the title "music therapist"; or                (2)  any other designation that would imply that the   person is a music therapist.          Sec. 456.152.  LICENSE APPLICATION. An applicant for a   license must:                (1)  file a written application with the board on a form   prescribed by the board; and                (2)  pay any application fee set by the board.          Sec. 456.153.  LICENSE ELIGIBILITY. To be eligible for a   license, a person must:                (1)  be at least 18 years of age;                (2)  hold a bachelor's or graduate degree in music   therapy, or an equivalent field of study, from a program approved by   the American Music Therapy Association, or a successor   organization, within an accredited public or private institution of   higher education;                (3)  successfully complete at least 1,200 hours of   clinical training consisting of at least:                      (A)  180 hours in pre-internship experiences; and                      (B)  900 hours in internship experiences;                (4)  if applicable, be in good standing with any other   jurisdiction from which the applicant holds a music therapy   license; and                (5)  hold a music therapy certification from the   Certification Board for Music Therapists or any successor   organization.          Sec. 456.154.  RECIPROCAL LICENSE. The board may waive any   license requirement for an applicant who is licensed in another   state that has license requirements substantially equivalent to   those of this state.          Sec. 456.155.  ISSUANCE AND RENEWAL OF LICENSE. The board   shall issue a music therapist license to a person who meets the   requirements of this chapter and rules adopted under this chapter.          Sec. 456.156.  LICENSE RENEWAL. (a) A music therapist   license expires on the second anniversary of the date of issuance.   The board by rule shall provide requirements and procedures for the   renewal of a music therapist license, including requiring a license   holder to provide proof of the license holder's continuing   certification in music therapy by the Certification Board for Music   Therapists or any successor organization.          (b)  The board by rule may adopt a system under which   licenses expire on various dates during the year.          Sec. 456.157.  INACTIVE STATUS.  The board may adopt rules   and set reasonable fees relating to placing license holders on   inactive status not to exceed two years from the date the license   holder is placed on inactive status.          Sec. 456.158.  LICENSE HOLDER INFORMATION. A license holder   shall:                (1)  notify the board of a change of the license   holder's residence or business address; and                (2)  provide the board with the license holder's new   address not later than the 30th day after the date the address   change occurs.   SUBCHAPTER E. PRACTICE BY LICENSE HOLDER          Sec. 456.201.  REFERRALS REQUIRED FOR CERTAIN SERVICES.  (a)     A music therapist may provide the following music therapy services   without a referral from a health professional:                (1)  consultation and evaluation;                (2)  preventative care;                (3)  wellness care;                (4)  education; and                (5)  specialized support.          (b)  Providing music therapy services for a specific health   condition, other than consultation and evaluation, requires a   referral from a physician or other health professional acting   within the scope of the person's license.   SUBCHAPTER F. DISCIPLINARY PROCEEDINGS          Sec. 456.251.  DISCIPLINARY ACTIONS BY BOARD. On a   determination that an applicant or license holder committed an act   described by Section 456.252, the board by order may take   disciplinary action against the applicant or license holder under   Section 164.001 in the same manner as the board takes disciplinary   action against a person regulated under Subtitle B, Title 3.          Sec. 456.252.  GROUNDS FOR DISCIPLINARY ACTION. The board   may take disciplinary action against an applicant or license holder   for:                (1)  treating or attempting to treat an individual's   specific health condition by means other than music therapy;                (2)  failing to refer a patient to a health care   provider for treatment if a music therapist recognizes symptoms for   which treatment by music therapy is inadvisable or which warrant   treatment that is outside the scope of music therapy, as specified   by the American Music Therapy Association or the Certification   Board for Music Therapists or any successor organizations;                (3)  being unable to practice music therapy with   reasonable skill and safety because of excessive use of alcohol,   drugs, narcotics, chemicals, or another substance;                (4)  being convicted of a felony that directly relates   to the duties and responsibilities of a music therapist or that   indicates that the person poses a continued threat to public   safety;                (5)  obtaining or attempting to obtain a music   therapist license by fraud;                (6)  practicing music therapy in a grossly negligent   manner;                (7)  being adjudicated as an incapacitated person by a   court;                (8)  being convicted of an offense indicating that the   music therapist's continued practice of music therapy is   detrimental to the best interests of the public or profession,   including an offense that constitutes a violation of any applicable   ethical rule of the profession; or                (9)  being subject to the suspension or revocation of a   music therapy license in another jurisdiction.          SECTION 2.  Not later than February 1, 2022, the Texas   Medical Board shall:                (1)  adopt rules necessary to implement Chapter 456,   Occupations Code, as added by this Act; and                (2)  appoint the members of the advisory committee   established under Subchapter B, Chapter 456, Occupations Code, as   added by this Act.          SECTION 3.  Not later than March 1, 2022, the Texas Medical   Board shall begin accepting applications for and issuing music   therapist licenses under Chapter 456, Occupations Code, as added by   this Act.          SECTION 4.  (a)  Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2021.          (b)  Section 456.151 and Subchapter F, Chapter 456,   Occupations Code, as added by this Act, take effect September 1,   2022.