89R4241 GP-D     By: Johnson H.B. No. 2284       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.  Section 411.093(a), Government Code, is amended   to read as follows:          (a)  The Texas Department of Licensing and Regulation is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to:                (1)  an applicant for or the holder of:                      (A)  a driver education instructor license under   Chapter 1001, Education Code;                      (B)  a license under Chapter 202, Occupations   Code;                      (C)  a license under Chapter 401, Occupations   Code;                      (D)  a license under Chapter 402, Occupations   Code; [or]                      (E)  a license under Chapter 456, Occupations   Code; or                      (F)  an instructor license or motorcycle school   license under Chapter 662, Transportation Code;                (2)  a person who is:                      (A)  an applicant for or the holder of a license   under Chapter 91, Labor Code; or                      (B)  a controlling person, as defined by Chapter   91, Labor Code, of an entity described by Paragraph (A); or                (3)  a person who:                      (A)  is an applicant for or the holder of a license   under Chapter 455, Occupations Code; or                      (B)  has an interest described under Section   455.1525(e), Occupations Code, in an entity described by Paragraph   (A).          SECTION 2.  Section 51.2031(a), Occupations Code, is amended   to read as follows:          (a)  This section applies only to the regulation of the   following professions by the department:                (1)  athletic trainers;                (2)  behavior analysts;                (3)  dietitians;                (4)  hearing instrument fitters and dispensers;                (5)  midwives;                (6)  music therapists;                (7)  orthotists and prosthetists; and                (8) [(7)]  speech-language pathologists and   audiologists.          SECTION 3.  Section 51.254(b), Occupations Code, is amended   to read as follows:          (b)  This section applies to health-related professions   regulated by this state the administration of which is assigned to   the department by law, including the following professions:                (1)  athletic trainers regulated under Chapter 451;                (2)  behavior analysts regulated under Chapter 506;                (3)  dietitians regulated under Chapter 701;                (4)  dyslexia practitioners and dyslexia therapists   regulated under Chapter 403;                (5)  hearing instrument fitters and dispensers   regulated under Chapter 402;                (6)  massage therapists regulated under Chapter 455;                (7)  midwives regulated under Chapter 203;                (8)  music therapists regulated under Chapter 456;                (9)  orthotists and prosthetists regulated under   Chapter 605;                (10) [(9)]  podiatrists regulated under Chapter 202;   and                (11) [(10)]  speech-language pathologists and   audiologists regulated under Chapter 401.          SECTION 4.  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.  SHORT TITLE.  This chapter may be cited as the   Music Therapist Licensing Act.          Sec. 456.002.  DEFINITIONS. In this chapter:                (1)  "Advisory board" means the Music Therapist   Advisory Board created under Subchapter B.                (2)  "Certifying entity" means the nationally   accredited Certification Board for Music Therapists or another   entity that is accredited by the National Commission for Certifying   Agencies or the American National Standards Institute to issue   credentials in the professional practice of music therapy and   approved by the department.                (3)  "Commission" means the Texas Commission of   Licensing and Regulation.                (4)  "Department" means the Texas Department of   Licensing and Regulation.                (5)  "Executive director" means the executive director   of the department.                (6)  "Music therapist" means a person who holds a music   therapist license issued by the department under this chapter.                (7)  "Music therapy" means the clinical and   evidence-based use of music interventions by a person for a client   who is in a therapeutic relationship with the person to assist the   client 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 or the screening for any physical,   mental, or communication disorder.  The term includes:                      (A)  accepting referrals for music therapy   services from medical, developmental, mental health, or education   professionals, family members, clients, caregivers, or any other   person involved with the provision of music therapy services;                      (B)  conducting an assessment of a client to   determine whether music therapy is recommended or necessary for the   client, 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 client, specific methods to be   used to achieve the goals, and a plan to ensure that the client   receives music therapy in the least restrictive environment;                      (D)  implementing an individualized music therapy   treatment plan that is consistent with any other medical,   developmental, mental health, educational, preventative, or   wellness services being provided to a client;                      (E)  evaluating a client'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 a client receiving music therapy services, including   the client'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. 456.003.  APPLICABILITY. (a) This chapter does not   apply to:                (1)  a person certified, or otherwise accredited, to   practice an occupation and who uses music within the scope of that   accreditation and within the scope of the person's training,   education, and competence, 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);                (3)  a person employed:                      (A)  in the service of the federal government   while performing duties related to that employment; or                      (B)  by a music therapist and who provides music   therapy services under the direct supervision of the music   therapist;                (4)  a family member or guardian of a recipient of music   therapy services who is implementing a treatment plan for the   recipient under the extended authority and direction of a licensed   music therapist; or                (5)  a music therapist licensed in another jurisdiction   or certified by the certifying entity if the activities and   services conducted in this state:                      (A)  are within the music therapist's customary   area of practice;                      (B)  are conducted not more than 20 days in a   calendar year; and                      (C)  are not otherwise in violation of this   chapter.          (b)  A person described by Subsection (a)(3)(B) may not   represent that the person is a music therapist.          (c)  A music therapist described by Subsection (a)(5) shall   inform the recipient of music therapy services, or a parent or   guardian of the recipient if the recipient is under 18 years of age,   that:                (1)  the music therapist is not licensed in this state;   and                (2)  the activities and services provided by the music   therapist are time-limited.   SUBCHAPTER B.  MUSIC THERAPIST ADVISORY BOARD          Sec. 456.051.  ADVISORY BOARD MEMBERSHIP. (a)  The advisory   board is composed of seven members appointed by the presiding   officer of the commission with the approval of the commission as   follows:                (1)  four licensed music therapists;                (2)  one physician or other health professional who is   authorized to refer patients or clients to receive music therapy   services; and                (3)  two members who represent the public and who are   either former recipients of music therapy services or the parent or   guardian of a current or former recipient of music therapy   services.          (a-1)  Notwithstanding Subsection (a)(1), a person is   eligible for appointment to the advisory board as a licensed music   therapist member if the person is certified as a music therapist by   the certifying entity, regardless of whether the person is licensed   under this chapter.  This subsection expires January 31, 2029.          (b)  Appointments to the advisory board shall be made without   regard to the race, color, disability, sex, religion, age, or   national origin of the appointee.          (c)  Chapter 2110, Government Code, does not apply to the   duration of the advisory board.          Sec. 456.052.  DUTIES OF ADVISORY BOARD.  The advisory board   may advise the commission and department on:                (1)  technical matters relevant to the administration   of this chapter;                (2)  standards of performance and work practices for   music therapy;                (3)  eligibility for the issuance or renewal of a   license under this chapter, including any training or continuing   education;                (4)  the content of any examinations required for a   license under this chapter; and                (5)  any other issue affecting music therapy.          Sec. 456.053.  TERMS; VACANCY. (a)  Members of the advisory   board serve staggered six-year terms, with the terms of two or three   members expiring February 1 of each odd-numbered year.          (b)  If a vacancy occurs during a member's term, the   presiding officer of the commission, with the commission's   approval, shall appoint a replacement who meets the qualifications   for the vacant position to serve for the remainder of the term.          Sec. 456.054.  PRESIDING OFFICER. The presiding officer of   the commission shall designate a member of the advisory board to   serve as the presiding officer of the advisory board for a term of   one year.   SUBCHAPTER C.  POWERS AND DUTIES          Sec. 456.101.  GENERAL POWERS AND DUTIES. (a) The   commission shall:                (1)  adopt rules consistent with this chapter for the   administration and enforcement of this chapter; and                (2)  establish standards of ethical practice and adopt   and publish a code of ethics.          (b)  The department shall:                (1)  administer and enforce this chapter;                (2)  evaluate the qualifications of license   applicants;                (3)  provide for the examination of license applicants;                (4)  issue licenses;                (5)  in connection with a hearing under this chapter,   issue subpoenas, examine witnesses, and administer oaths under the   laws of this state; and                (6)  investigate persons engaging in practices that   violate this chapter.          Sec. 456.102.  FEES. The commission shall set 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 456.003, 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 "licensed professional music   therapist"; or                (2)  any other designation that would imply that the   person is a music therapist.          Sec. 456.152.  LICENSE APPLICATION.  Each applicant for a   license under this chapter must submit an application and any   required fees to the department.  The application must include   sufficient evidence, as defined by commission rules, that the   applicant has successfully completed a state-approved criminal   background check.          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 that is   approved by the American Music Therapy Association, or a successor   organization, within an accredited public or private institution of   higher education and that is approved by the department;                (3)  successfully complete any clinical training hours   required as part of a degree program described by Subdivision (2);                (4)  if applicable, be in good standing with any other   jurisdiction from which the applicant holds a music therapy   license;                (5)  pass the examination for board certification   offered by the certifying entity or provide proof of being   transitioned into board certification by the certifying entity;                (6)  be certified as a music therapist by the   certifying entity;                (7)  be in compliance with all professional, ethical,   and disciplinary standards established by the certifying entity;   and                (8)  not be subject to any disciplinary action by the   certifying entity.          Sec. 456.154.  ISSUANCE OF LICENSE. The department shall   issue a music therapist license to a person who meets the   requirements of this chapter and rules adopted under this chapter.          Sec. 456.155.  LICENSE RENEWAL. A music therapist license   expires on the second anniversary of the date of issuance. The   commission 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 certifying entity.          Sec. 456.156.  LICENSE HOLDER INFORMATION. A license holder   shall:                (1)  notify the department of a change of the license   holder's residence or business address; and                (2)  provide the department 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 professional's license.          Sec. 456.202.  REQUIREMENTS FOR CERTAIN CLIENTS. (a)     Before providing music therapy services to a client for a clinical,   developmental, or other health-related need diagnosed or otherwise   identified by a health care provider, the music therapist must   review with the appropriate health care provider involved in   providing care for that identified need the client's diagnosis,   treatment needs, and treatment plan.          (b)  During the provision of music therapy services to a   client described by Subsection (a), the music therapist shall   collaborate with any licensed professional providing care for the   identified need, including collaborating with, as applicable, the   client's physician, psychologist, social worker, or other mental   health professional.          (c)  Before providing music therapy services to a client for   an educational need, the music therapist must, if applicable,   review with the individuals who are implementing the client's   individualized family service plan or individualized education   program the client's diagnosis, treatment needs, and treatment   plan.          (d)  A music therapist providing music therapy services to a   client with a communication disorder who is also receiving services   from an audiologist or speech-language pathologist:                (1)  shall collaborate with and disclose the music   therapy treatment plan with the client's audiologist or   speech-language pathologist, as applicable; and                (2)  may not provide music therapy services in a manner   that replaces the services provided by the audiologist or   speech-language pathologist.          Sec. 456.203.  CERTAIN PRACTICES RELATED TO SPEECH-LANGUAGE   PATHOLOGY PROHIBITED.  (a)  Unless a music therapist is licensed to   practice speech-language pathology under Chapter 401, the music   therapist may not:                (1)  evaluate, examine, instruct, or counsel a person   on speech, language, communication, or swallowing disorders or   conditions; or                (2)  represent to the public that the music therapist   is authorized to treat a communication disorder.          (b)  This section does not prohibit a music therapist from   representing to the public that the music therapist may work with   clients who have a communication disorder.   SUBCHAPTER F.  DISCIPLINARY GROUNDS          Sec. 456.251.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY   ACTION. After a hearing, the commission or executive director may   deny a license to an applicant, suspend or revoke a music   therapist's license, or place on probation a music therapist if the   applicant or music therapist:                (1)  violates this chapter, a commission rule, or an   order of the commission or the executive director;                (2)  obtains a license by means of fraud,   misrepresentation, or concealment of a material fact;                (3)  sells, barters, or offers to sell or barter a   license;                (4)  engages in unprofessional conduct that:                      (A)  endangers or is likely to endanger the   health, welfare, or safety of the public as defined by commission   rule; or                      (B)  violates the code of ethics adopted and   published by the commission;                (5)  treats or attempts to treat a client's specific   health condition by means other than music therapy;                (6)  fails to refer a client 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;                (7)  is unable to practice music therapy with   reasonable skill and safety because of excessive use of alcohol,   drugs, narcotics, chemicals, or another substance;                (8)  is 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;                (9)  practices music therapy in a grossly negligent   manner;                (10)  is adjudicated as an incapacitated person by a   court;                (11)  is 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                (12)  has had a music therapy license suspended or   revoked by another jurisdiction.          SECTION 5.  As soon as practicable after the effective date   of this Act, the presiding officer of the Texas Commission of   Licensing and Regulation shall appoint seven members to the Music   Therapist Advisory Board in accordance with Chapter 456,   Occupations Code, as added by this Act. In making the initial   appointments, the presiding officer of the commission shall   designate two members for terms expiring February 1, 2027, two   members for terms expiring February 1, 2029, and three members for   terms expiring February 1, 2031.          SECTION 6.  Not later than April 1, 2026, the Texas   Commission of Licensing and Regulation shall adopt the rules,   procedures, and fees necessary to administer Chapter 456,   Occupations Code, as added by this Act.          SECTION 7.  Notwithstanding Chapter 456, Occupations Code,   as added by this Act, a music therapist is not required to hold a   license under that chapter to practice as a licensed music   therapist in this state before September 1, 2026.          SECTION 8.  (a)  Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2025.          (b)  Section 456.151 and Subchapter F, Chapter 456,   Occupations Code, as added by this Act, take effect September 1,   2026.