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

89(R) HB 2284 - Engrossed version - Bill Text

89R4241 GP-D

By: Johnson, Shofner, Lalani

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.