Bill Text: TX HB667 | 2023-2024 | 88th Legislature | Engrossed

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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2023-05-10 - Referred to Health & Human Services [HB667 Detail]

Download: Texas-2023-HB667-Engrossed.html

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88R9482 JCG-D
By: A. Johnson of Harris, Jetton, Plesa, H.B. No. 667
Lopez of Bexar, Garcia

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 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 2. 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 3. 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 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, 2027.
(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.
(c) The commission or executive director may deny, revoke,
or suspend a license or may otherwise discipline a license holder in
accordance with Section 51.353.
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 the
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 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.
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 4. 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, 2025, two
members for terms expiring February 1, 2027, and three members for
terms expiring February 1, 2029.
SECTION 5. Not later than April 1, 2024, 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 6. 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, 2024.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2023.
(b) Section 456.151 and Subchapter F, Chapter 456,
Occupations Code, as added by this Act, take effect September 1,
2024.