Bill Text: TX HB2473 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the licensing and regulation of music therapists; requiring an occupational license; authorizing fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-13 - Placed on General State Calendar [HB2473 Detail]

Download: Texas-2021-HB2473-Introduced.html

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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.