Indiana 2022 Regular Session

Indiana House Bill HB1239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1239
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-15-5-1; IC 16-18-2-295; IC 25-0.5-2-22;
7	7	IC 25-23.6; IC 31-32-11-1; IC 35-52-25.
8	8	Synopsis: Music and art therapy. Provides that art therapy services
9	9	provided by a licensed art therapist to an individual who receives
10	10	mental health services or to an individual who receives services from
11	11	a community mental health center are reimbursable under Medicaid.
12	12	Provides for the licensure of music therapists, art therapists, and art
13	13	therapist associates. Adds music therapists and art therapists to the
14	14	behavioral health and human services licensing board (board). Creates
15	15	the music therapist and art therapist sections of the board. Requires
16	16	music therapists to be licensed. Establishes requirements and
17	17	procedures for an individual to be licensed as a music therapist, art
18	18	therapist, and art therapist associate. Prohibits a person who is not
19	19	licensed as a music therapist, art therapist, or an art therapist associate
20	20	from using certain titles or certain words in a title. Makes technical and
21	21	conforming changes.
22	22	Effective: July 1, 2022.
23	23	Judy, Clere, VanNatter, Gore
24	24	January 6, 2022, read first time and referred to Committee on Public Health.
25	25	2022 IN 1239—LS 6861/DI 77 Introduced
26	26	Second Regular Session of the 122nd General Assembly (2022)
27	27	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	28	Constitution) is being amended, the text of the existing provision will appear in this style type,
29	29	additions will appear in this style type, and deletions will appear in this style type.
30	30	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	31	provision adopted), the text of the new provision will appear in this style type. Also, the
32	32	word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	33	a new provision to the Indiana Code or the Indiana Constitution.
34	34	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	35	between statutes enacted by the 2021 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1239
37	37	A BILL FOR AN ACT to amend the Indiana Code concerning
38	38	professions and occupations.
39	39	Be it enacted by the General Assembly of the State of Indiana:
40	40	1 SECTION 1. IC 12-15-5-1, AS AMENDED BY P.L.149-2019,
41	41	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	3 JULY 1, 2022]: Sec. 1. Except as provided in IC 12-15-2-12,
43	43	4 IC 12-15-6, and IC 12-15-21, the following services and supplies are
44	44	5 provided under Medicaid:
45	45	6 (1) Inpatient hospital services.
46	46	7 (2) Nursing facility services.
47	47	8 (3) Physician's services, including services provided under
48	48	9 IC 25-10-1 and IC 25-22.5-1.
49	49	10 (4) Outpatient hospital or clinic services.
50	50	11 (5) Home health care services.
51	51	12 (6) Private duty nursing services.
52	52	13 (7) Physical therapy and related services.
53	53	14 (8) Dental services.
54	54	15 (9) Prescribed laboratory and x-ray services.
55	55	16 (10) Prescribed drugs and pharmacist services.
56	56	17 (11) Eyeglasses and prosthetic devices.
57	57	2022 IN 1239—LS 6861/DI 77 2
58	58	1 (12) Optometric services.
59	59	2 (13) Diagnostic, screening, preventive, and rehabilitative services.
60	60	3 (14) Podiatric medicine services.
61	61	4 (15) Hospice services.
62	62	5 (16) Services or supplies recognized under Indiana law and
63	63	6 specified under rules adopted by the office.
64	64	7 (17) Family planning services except the performance of
65	65	8 abortions.
66	66	9 (18) Nonmedical nursing care given in accordance with the tenets
67	67	10 and practices of a recognized church or religious denomination to
68	68	11 an individual qualified for Medicaid who depends upon healing
69	69	12 by prayer and spiritual means alone in accordance with the tenets
70	70	13 and practices of the individual's church or religious denomination.
71	71	14 (19) Services provided to individuals described in IC 12-15-2-8.
72	72	15 (20) Services provided under IC 12-15-34 and IC 12-15-32.
73	73	16 (21) Case management services provided to individuals described
74	74	17 in IC 12-15-2-11 and IC 12-15-2-13.
75	75	18 (22) Any other type of remedial care recognized under Indiana
76	76	19 law and specified by the United States Secretary of Health and
77	77	20 Human Services.
78	78	21 (23) Examinations required under IC 16-41-17-2(a)(10).
79	79	22 (24) Inpatient substance abuse detoxification services.
80	80	23 (25) Chronic pain management.
81	81	24 (26) Art therapy provided by an art therapist licensed under
82	82	25 IC 25-23.6-10.8 to an individual who receives:
83	83	26 (A) mental health services under IC 12-17.6-4-2; or
84	84	27 (B) services from a community mental health center under
85	85	28 IC 12-29-2.
86	86	29 SECTION 2. IC 16-18-2-295, AS AMENDED BY P.L.161-2014,
87	87	30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88	88	31 JULY 1, 2022]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
89	89	32 has the meaning set forth in IC 16-21-8-0.2.
90	90	33 (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
91	91	34 IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the
92	92	35 following:
93	93	36 (1) An individual (other than an individual who is an employee or
94	94	37 a contractor of a hospital, a facility, or an agency described in
95	95	38 subdivision (2) or (3)) who is licensed, registered, or certified as
96	96	39 a health care professional, including the following:
97	97	40 (A) A physician.
98	98	41 (B) A psychotherapist.
99	99	42 (C) A dentist.
100	100	2022 IN 1239—LS 6861/DI 77 3
101	101	1 (D) A registered nurse.
102	102	2 (E) A licensed practical nurse.
103	103	3 (F) An optometrist.
104	104	4 (G) A podiatrist.
105	105	5 (H) A chiropractor.
106	106	6 (I) A physical therapist.
107	107	7 (J) A psychologist.
108	108	8 (K) An audiologist.
109	109	9 (L) A speech-language pathologist.
110	110	10 (M) A dietitian.
111	111	11 (N) An occupational therapist.
112	112	12 (O) A respiratory therapist.
113	113	13 (P) A pharmacist.
114	114	14 (Q) A sexual assault nurse examiner.
115	115	15 (R) An art therapist.
116	116	16 (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
117	117	17 described in IC 12-24-1 or IC 12-29.
118	118	18 (3) A health facility licensed under IC 16-28-2.
119	119	19 (4) A home health agency licensed under IC 16-27-1.
120	120	20 (5) An employer of a certified emergency medical technician, a
121	121	21 certified advanced emergency medical technician, or a licensed
122	122	22 paramedic.
123	123	23 (6) The state department or a local health department or an
124	124	24 employee, agent, designee, or contractor of the state department
125	125	25 or local health department.
126	126	26 (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
127	127	27 forth in IC 16-39-7-1(a).
128	128	28 (d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
129	129	29 in IC 16-48-1-3.
130	130	30 SECTION 3. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
131	131	31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
132	132	32 JULY 1, 2022]: Sec. 22. IC 25-1-2-2.1 applies to licenses held by
133	133	33 social workers, marriage and family therapists, and mental health
134	134	34 counselors, music therapists, and art therapists.
135	135	35 SECTION 4. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
136	136	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
137	137	37 [EFFECTIVE JULY 1, 2022]: Sec. 1.6. "Art therapist" means an
138	138	38 individual who is licensed under IC 25-23.6-10.8-1.
139	139	39 SECTION 5. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
140	140	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
141	141	41 [EFFECTIVE JULY 1, 2022]: Sec. 1.7. "Art therapist associate"
142	142	42 means an individual who is licensed under IC 25-23.6-10.8-2.
143	143	2022 IN 1239—LS 6861/DI 77 4
144	144	1 SECTION 6. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
145	145	2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146	146	3 JULY 1, 2022]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
147	147	4 "counselor" refers to a social worker, a clinical social worker, a
148	148	5 marriage and family therapist, a mental health counselor, an addiction
149	149	6 counselor, or a clinical addiction counselor, a music therapist, an art
150	150	7 therapist, or an art therapist associate who is licensed under this
151	151	8 article.
152	152	9 SECTION 7. IC 25-23.6-1-5.4 IS ADDED TO THE INDIANA
153	153	10 CODE AS A NEW SECTION TO READ AS FOLLOWS
154	154	11 [EFFECTIVE JULY 1, 2022]: Sec. 5.4. "Music therapist" means an
155	155	12 individual who is licensed under IC 25-23.6-12.
156	156	13 SECTION 8. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
157	157	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
158	158	15 [EFFECTIVE JULY 1, 2022]: Sec. 5.8. "Practice of art therapy"
159	159	16 means the application of art, art media, and the creative process in
160	160	17 the education, assessment, prevention, treatment, and amelioration
161	161	18 of cognitive, physical, developmental, and behavioral conditions
162	162	19 and disabilities. The term includes the:
163	163	20 (1) use of art creation to assess a client's issues with the goal
164	164	21 of improving physical, psychological, and emotional
165	165	22 functioning and well-being;
166	166	23 (2) employment of art based techniques to:
167	167	24 (A) assess levels of functioning;
168	168	25 (B) determine treatment goals; and
169	169	26 (C) implement appropriate interventions;
170	170	27 to treat a client;
171	171	28 (3) use of therapeutic interventions to facilitate alternative
172	172	29 modes of receptive and expressive communication and
173	173	30 engagement;
174	174	31 (4) use of art to help clients:
175	175	32 (A) improve cognitive and sensory motor functions;
176	176	33 (B) reduce symptoms of depression, anxiety, posttraumatic
177	177	34 stress, and attachment disorders;
178	178	35 (C) resolve conflicts and distress;
179	179	36 (D) develop interpersonal skills;
180	180	37 (E) manage behavior;
181	181	38 (F) improve social functioning; and
182	182	39 (G) achieve self-esteem and self-awareness;
183	183	40 (5) adjustment of techniques and treatments to address
184	184	41 multicultural and diversity issues; and
185	185	42 (6) provision of:
186	186	2022 IN 1239—LS 6861/DI 77 5
187	187	1 (A) consultation;
188	188	2 (B) referral;
189	189	3 (C) crisis intervention;
190	190	4 (D) client advocacy; and
191	191	5 (E) education;
192	192	6 services to clients.
193	193	7 SECTION 9. IC 25-23.6-1-7.7 IS ADDED TO THE INDIANA
194	194	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
195	195	9 [EFFECTIVE JULY 1, 2022]: Sec. 7.7. (a) "Practice of music
196	196	10 therapy" means providing professional services that are delivered
197	197	11 by a music therapist, that use clinical and evidence based music
198	198	12 interventions to accomplish individualized goals for clients of any
199	199	13 age or ability level within a therapeutic relationship, and that
200	200	14 include the following:
201	201	15 (1) Developing individualized music therapy treatment plans
202	202	16 specific to the needs and strengths of each client.
203	203	17 (2) Establishing goals, objectives, and potential strategies of
204	204	18 the music therapy services that are appropriate for the client
205	205	19 and setting.
206	206	20 (b) The term does not include the screening, diagnosis, or
207	207	21 assessment of any physical, mental, or communication disorder.
208	208	22 SECTION 10. IC 25-23.6-2-2, AS AMENDED BY P.L.249-2019,
209	209	23 SECTION 106, IS AMENDED TO READ AS FOLLOWS
210	210	24 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The board consists of ten (10)
211	211	25 fourteen (14) members appointed by the governor. Subject to
212	212	26 IC 25-1-6.5-3, the board must include the following:
213	213	27 (1) Two (2) marriage and family therapists who:
214	214	28 (A) have at least a master's degree in marriage and family
215	215	29 therapy or a related field from an eligible postsecondary
216	216	30 educational institution;
217	217	31 (B) are licensed under this chapter; article; and
218	218	32 (C) have five (5) years of experience in marriage and family
219	219	33 therapy.
220	220	34 (2) One (1) social worker who:
221	221	35 (A) has at least a master's degree in social work from an
222	222	36 eligible postsecondary educational institution accredited by the
223	223	37 Council on Social Work Education;
224	224	38 (B) is licensed under this article; and
225	225	39 (C) has at least five (5) years of experience as a social worker.
226	226	40 (3) One (1) social services director of a hospital with a social
227	227	41 work degree who has at least three (3) years of experience in a
228	228	42 hospital setting.
229	229	2022 IN 1239—LS 6861/DI 77 6
230	230	1 (4) Two (2) mental health counselors who:
231	231	2 (A) have at least a master's degree in mental health counseling;
232	232	3 (B) are licensed under this article; and
233	233	4 (C) have at least five (5) years experience as a mental health
234	234	5 counselor.
235	235	6 (5) One (1) consumer who has never been credentialed under this
236	236	7 article.
237	237	8 (6) One (1) physician licensed under IC 25-22.5 who has training
238	238	9 in psychiatric medicine.
239	239	10 (7) Two (2) licensed clinical addiction counselors who:
240	240	11 (A) are licensed under IC 25-23.6-10.5; and
241	241	12 (B) have at least five (5) years experience in clinical addiction
242	242	13 counseling.
243	243	14 (8) Two (2) music therapists who:
244	244	15 (A) are licensed under this article; and
245	245	16 (B) have at least five (5) years experience in music therapy.
246	246	17 (9) Two (2) art therapists who:
247	247	18 (A) have at least a master's degree in art therapy;
248	248	19 (B) are licensed under this article; and
249	249	20 (C) have at least five (5) years experience as an art
250	250	21 therapist.
251	251	22 (b) Not more than six (6) eight (8) members of the board may be
252	252	23 from the same political party.
253	253	24 (c) A member appointed
254	254	25 (1) before July 1, 2019, serves a three (3) year term; and
255	255	26 (2) after June 30, 2019, under this chapter serves a term as
256	256	27 provided under IC 25-1-6.5.
257	257	28 SECTION 11. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
258	258	29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
259	259	30 JULY 1, 2022]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
260	260	31 establishing standards for the following:
261	261	32 (1) The competent practice of marriage and family therapy,
262	262	33 bachelor's degree social work, social work, clinical social work,
263	263	34 mental health counseling, addiction counseling, and clinical
264	264	35 addiction counseling, music therapy, and art therapy.
265	265	36 (2) The renewal of licenses issued under this article.
266	266	37 (3) Standards for the administration of this article.
267	267	38 (4) Continuing education requirements for an individual seeking
268	268	39 renewal of licensure as a bachelor's degree social worker, social
269	269	40 worker, clinical social worker, or marriage and family therapist,
270	270	41 music therapist, art therapist, or an art therapist associate.
271	271	42 (5) The retention of patient records and reports by a counselor.
272	272	2022 IN 1239—LS 6861/DI 77 7
273	273	1 (6) The approval of continuing education providers, programs,
274	274	2 courses, fees, and proof of course completion.
275	275	3 (b) The board shall establish fees under IC 25-1-8-2.
276	276	4 (c) The board shall do the following:
277	277	5 (1) Consider the qualifications of individuals who apply for a
278	278	6 license under this article.
279	279	7 (2) Provide for examinations required under this article.
280	280	8 (3) Subject to IC 25-1-8-6, renew licenses under this article.
281	281	9 (4) Conduct proceedings under IC 25-1-9.
282	282	10 SECTION 12. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
283	283	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
284	284	12 [EFFECTIVE JULY 1, 2022]: Sec. 9.7. (a) The art therapist section
285	285	13 of the board is established. The section consists of the following:
286	286	14 (1) Two (2) art therapist members of the board.
287	287	15 (2) Two (2) consumer members of the board.
288	288	16 (3) One (1) physician member of the board.
289	289	17 (b) Three (3) members of the art therapist section, two (2) of
290	290	18 whom must be art therapists, constitute a quorum.
291	291	19 SECTION 13. IC 25-23.6-2-10.7 IS ADDED TO THE INDIANA
292	292	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
293	293	21 [EFFECTIVE JULY 1, 2022]: Sec. 10.7. (a) The music therapist
294	294	22 section of the board is established. The section consists of the
295	295	23 following:
296	296	24 (1) Two (2) licensed music therapist members of the board.
297	297	25 (2) Two (2) consumer members of the board.
298	298	26 (3) One (1) physician member of the board.
299	299	27 (b) Three (3) members of the music therapist section, two (2) of
300	300	28 whom must be music therapists, constitute a quorum.
301	301	29 SECTION 14. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
302	302	30 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
303	303	31 JULY 1, 2022]: Sec. 11. The social worker, marriage and family
304	304	32 therapist, mental health counselor, and addiction counselor, music
305	305	33 therapist, and art therapist sections of the board shall do the
306	306	34 following:
307	307	35 (1) Approve continuing education courses authorized under this
308	308	36 article.
309	309	37 (2) Propose rules to the board concerning the practice of the
310	310	38 profession regulated by each section.
311	311	39 (3) Other duties as directed by the board.
312	312	40 SECTION 15. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
313	313	41 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
314	314	42 [EFFECTIVE JULY 1, 2022]:
315	315	2022 IN 1239—LS 6861/DI 77 8
316	316	1 Chapter 4.7. Art Therapists; Unlawful Practices
317	317	2 Sec. 1. This chapter applies after December 31, 2022.
318	318	3 Sec. 2. (a) An individual may not:
319	319	4 (1) profess to be a licensed art therapist;
320	320	5 (2) use the title:
321	321	6 (A) "licensed art therapist"; or
322	322	7 (B) "art therapist"; or
323	323	8 (3) use any other words, letters, abbreviations, or insignia
324	324	9 indicating or implying that the individual is a licensed art
325	325	10 therapist;
326	326	11 unless the individual is licensed under this article.
327	327	12 (b) An individual may not:
328	328	13 (1) profess to be a licensed art therapist associate;
329	329	14 (2) use the title:
330	330	15 (A) "licensed art therapist associate"; or
331	331	16 (B) "art therapist associate"; or
332	332	17 (3) use any other words, letters, abbreviations, or insignia
333	333	18 indicating or implying that the individual is a licensed art
334	334	19 therapist associate;
335	335	20 unless the individual is licensed under this article.
336	336	21 Sec. 3. (a) This article may not be construed to limit the practice
337	337	22 of art therapy performed by an individual who does not use a title
338	338	23 specified in this chapter and who is any of the following:
339	339	24 (1) A student, an intern, or a trainee pursuing a course of
340	340	25 study in art therapy to gain licensure under this article in an
341	341	26 accredited postsecondary educational institution if:
342	342	27 (A) the services are performed under qualified supervision
343	343	28 and constitute a part of the individual's supervised course
344	344	29 of study or other level of supervision; and
345	345	30 (B) the student or graduate uses a title that contains the
346	346	31 term "student", "intern", or "trainee".
347	347	32 (2) Not a resident of Indiana if the individual performed the
348	348	33 services in Indiana for not more than five (5) days in any one
349	349	34 (1) month or fifteen (15) days within any one (1) calendar year
350	350	35 and the person is authorized to perform such services under
351	351	36 the laws of the state or country in which the individual
352	352	37 resides.
353	353	38 (3) A rabbi, priest, Christian Science practitioner, minister, or
354	354	39 other member of the clergy.
355	355	40 (4) An employee or a volunteer for an organization
356	356	41 performing charitable, religious, or educational functions,
357	357	42 providing pastoral counseling, or providing other assistance.
358	358	2022 IN 1239—LS 6861/DI 77 9
359	359	1 (5) An individual who is licensed or certified by a state or
360	360	2 national organization that is recognized by the division of
361	361	3 mental health and addiction and who provides services in the
362	362	4 areas of alcohol or drug abuse addiction.
363	363	5 (6) A governmental employee who remains in the same job
364	364	6 classification or job family of that job classification.
365	365	7 (b) This article may not be construed to prohibit or limit any
366	366	8 service or treatment that involves the use of art or art media by a
367	367	9 licensed health care professional who:
368	368	10 (1) is acting within the scope of the person's license; and
369	369	11 (2) does not use a title specified in this article.
370	370	12 (c) Nothing in this section prohibits a person referred to in
371	371	13 subsection (a) from qualifying for licensure under this article.
372	372	14 Sec. 4. (a) An individual who is licensed as an art therapist shall:
373	373	15 (1) display the license or a clear copy of the license at each
374	374	16 location where the art therapist regularly practices; and
375	375	17 (2) include the words "art therapist" or the letters "AT" on
376	376	18 all promotional materials, including business cards,
377	377	19 brochures, stationery, advertisements, and signs that name
378	378	20 the individual.
379	379	21 (b) An individual who is licensed as an art therapist associate
380	380	22 shall:
381	381	23 (1) display the license or a clear copy of the license at each
382	382	24 location where the art therapist associate regularly practices;
383	383	25 and
384	384	26 (2) include the words "art therapist associate" or the letters
385	385	27 "ATA" on all promotional materials, including business
386	386	28 cards, brochures, stationery, advertisements, and signs that
387	387	29 name the individual.
388	388	30 Sec. 5. An individual who knowingly or intentionally violates
389	389	31 this chapter after December 31, 2022, commits a Class A
390	390	32 misdemeanor.
391	391	33 SECTION 16. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
392	392	34 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
393	393	35 JULY 1, 2022]: Sec. 2. (a) This article may not be construed to limit
394	394	36 addiction counselor or clinical addiction counselor services performed
395	395	37 by a person who does not use a title specified in this article and who is
396	396	38 any of the following:
397	397	39 (1) A licensed or certified health care professional acting within
398	398	40 the scope of the person's license or certificate, including: a:
399	399	41 (A) a social worker licensed under this article;
400	400	42 (B) a clinical social worker licensed under this article;
401	401	2022 IN 1239—LS 6861/DI 77 10
402	402	1 (C) a marriage and family therapist licensed under this article;
403	403	2 (D) a mental health counselor licensed under this article;
404	404	3 (E) a psychologist licensed under IC 25-33;
405	405	4 (F) a physician licensed under IC 25-22.5; or
406	406	5 (G) a nurse licensed under IC 25-23;
407	407	6 (H) an art therapist or art therapist associate licensed
408	408	7 under this article; or
409	409	8 (I) a music therapist licensed under this article;
410	410	9 and who has training and experience in addiction counseling.
411	411	10 (2) A student, an intern, or a trainee pursuing a course of study in
412	412	11 medicine or psychology or a course of study to gain licensure
413	413	12 under this article as follows:
414	414	13 (A) In an accredited eligible postsecondary educational
415	415	14 institution or training institution recognized by the Council for
416	416	15 Higher Education Accreditation (CHEA) for undergraduate
417	417	16 and graduate institutions. Accreditation by the Council for
418	418	17 Accreditation of Counseling and Related Educational
419	419	18 Programs or a substantially equivalent accreditation program
420	420	19 approved by the board is required for graduate institutions.
421	421	20 (B) Through a National Association of Alcohol and Drug
422	422	21 Abuse Counselors approved academic education provider; or
423	423	22 (C) By a graduate accumulating experience required for
424	424	23 licensure if:
425	425	24 (i) the services are performed under qualified supervision
426	426	25 and constitute a part of the person's supervised course of
427	427	26 study or other level of supervision; and
428	428	27 (ii) the student or graduate uses a title that contains the term
429	429	28 "intern", "student", or "trainee".
430	430	29 (3) A nonresident of Indiana if the person performs addiction
431	431	30 counseling or therapy in Indiana for not more than:
432	432	31 (A) five (5) days in any one (1) month; or
433	433	32 (B) fifteen (15) days in any one (1) calendar year;
434	434	33 and the person is authorized to perform such services under the
435	435	34 laws of the state or country in which the person resides.
436	436	35 (4) A rabbi, priest, Christian Science practitioner, minister, or
437	437	36 other member of the clergy.
438	438	37 (5) An employee or a volunteer for an organization performing
439	439	38 charitable, religious, or educational functions or providing
440	440	39 pastoral counseling or other assistance.
441	441	40 (6) A person who provides school counseling.
442	442	41 (7) A governmental employee who remains in the same job
443	443	42 classification or job family of that job classification.
444	444	2022 IN 1239—LS 6861/DI 77 11
445	445	1 (8) An employee of a court alcohol and drug program, a drug
446	446	2 court, or a reentry court certified by the office of judicial
447	447	3 administration when performing assigned job duties.
448	448	4 (9) A probation officer when performing assigned job duties.
449	449	5 (b) This section does not prohibit a person referred to in subsection
450	450	6 (a) from qualifying for licensure under this article.
451	451	7 SECTION 17. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
452	452	8 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
453	453	9 [EFFECTIVE JULY 1, 2022]:
454	454	10 Chapter 10.8. Art Therapist Licensure
455	455	11 Sec. 1. (a) An individual who applies to be licensed as an art
456	456	12 therapist must furnish satisfactory evidence to the board that the
457	457	13 individual:
458	458	14 (1) has received:
459	459	15 (A) a master's or doctoral degree from an accredited
460	460	16 postsecondary educational institution in a program in art
461	461	17 therapy, or a related field as approved by the board, that:
462	462	18 (i) is approved by the American Art Therapy Association
463	463	19 or accredited by the Commission on Accreditation of
464	464	20 Allied Health Education Programs; or
465	465	21 (ii) is determined by the board to be substantially
466	466	22 equivalent to an approved or accredited program in art
467	467	23 therapy under sections 3 and 4 of this chapter; or
468	468	24 (B) at least a master's degree from an accredited
469	469	25 postsecondary educational institution in a program or
470	470	26 course of studies that:
471	471	27 (i) is determined by the board to meet the educational
472	472	28 requirements under sections 3 and 4 of this chapter; or
473	473	29 (ii) has been accepted by the Art Therapy Credentials
474	474	30 Board, Inc., or a successor organization, as meeting the
475	475	31 educational requirements to qualify an individual for a
476	476	32 credential as a registered art therapist;
477	477	33 (2) has met the work experience requirements under section
478	478	34 5 of this chapter;
479	479	35 (3) has not been convicted of a crime that has a direct bearing
480	480	36 on the individual's ability to practice competently;
481	481	37 (4) has not been the subject of a disciplinary action by a
482	482	38 licensing or certification agency of another state or
483	483	39 jurisdiction prohibiting the individual from practicing as an
484	484	40 art therapist or art therapist associate;
485	485	41 (5) pays the fee established by the board; and
486	486	42 (6) has passed an examination provided by the board.
487	487	2022 IN 1239—LS 6861/DI 77 12
488	488	1 (b) An individual who applies to be licensed as an art therapist
489	489	2 under this section, except as provided in section 14 of this chapter,
490	490	3 must furnish satisfactory evidence to the board that the individual:
491	491	4 (1) holds a valid art therapist associate license issued under
492	492	5 section 2 of this chapter and has met the work experience
493	493	6 requirements under section 5 of this chapter;
494	494	7 (2) has met the work experience requirements under section
495	495	8 5 of this chapter in another state or jurisdiction; or
496	496	9 (3) is licensed or certified to practice as an art therapist in
497	497	10 another state or jurisdiction under section 12 of this chapter.
498	498	11 Sec. 2. (a) An individual who applies to be licensed as an art
499	499	12 therapist associate must furnish satisfactory evidence to the board
500	500	13 that the individual has:
501	501	14 (1) received a master's or doctoral degree in art therapy that
502	502	15 meets the requirements under section 1(a)(1) of this chapter;
503	503	16 (2) not been convicted of a crime that has a direct bearing on
504	504	17 the individual's ability to practice competently;
505	505	18 (3) not been the subject of a disciplinary action by a licensing
506	506	19 or certification agency of another state or jurisdiction
507	507	20 prohibiting the individual from practicing as an art therapist
508	508	21 or art therapist associate; and
509	509	22 (4) paid a fee established by the board.
510	510	23 (b) The board may require an individual who applies to be
511	511	24 licensed as an art therapist associate to pass an examination
512	512	25 administered by an entity approved by the board.
513	513	26 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
514	514	27 of this chapter, an individual who applies for a license as an art
515	515	28 therapist or as an art therapist associate must have:
516	516	29 (1) received a master's or doctoral degree that meets the
517	517	30 educational requirements for licensure under section 1(a) of
518	518	31 this chapter; and
519	519	32 (2) attended an eligible postsecondary educational institution
520	520	33 that meets the following requirements:
521	521	34 (A) If the institution is located in the United States or a
522	522	35 territory of the United States, the institution must be
523	523	36 accredited by a regional accrediting body recognized by
524	524	37 the Council for Higher Education Accreditation.
525	525	38 (B) If the institution is located in Canada, the institution
526	526	39 must be a member in good standing with the Association of
527	527	40 Universities and Colleges of Canada.
528	528	41 (C) If the institution is located in a foreign country other
529	529	42 than Canada, the institution must:
530	530	2022 IN 1239—LS 6861/DI 77 13
531	531	1 (i) be recognized as a program to train in the practice of
532	532	2 mental health counseling or psychotherapy; and
533	533	3 (ii) have maintained a standard of training that is
534	534	4 substantially equivalent to the standards of institutions
535	535	5 accredited by a regional accrediting body recognized by
536	536	6 the Council for Higher Education Accreditation.
537	537	7 (b) An individual who applies to be licensed as an art therapist
538	538	8 under section 1 of this chapter or as an art therapist associate
539	539	9 under section 2 of this chapter and who has a master's or doctoral
540	540	10 degree from a program that did not emphasize art therapy may
541	541	11 complete the course work requirements from an institution:
542	542	12 (1) with a program in art therapy accredited by the
543	543	13 Commission on Accreditation of Allied Health Education
544	544	14 Programs; or
545	545	15 (2) that is accredited by a regional accrediting body
546	546	16 recognized by the Council for Higher Education
547	547	17 Accreditation, as approved by the board.
548	548	18 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
549	549	19 of this chapter, the board may determine that an individual's
550	550	20 graduate level education program or course of study is
551	551	21 substantially equivalent to an approved or accredited program in
552	552	22 art therapy if the individual has completed the following
553	553	23 requirements:
554	554	24 (1) Except as provided in subsection (b), qualifying course
555	555	25 work that must include graduate level course credits in at
556	556	26 least the following content areas:
557	557	27 (A) Application of art therapy with people in different
558	558	28 treatment settings.
559	559	29 (B) Art therapy assessment.
560	560	30 (C) Counseling or psychological theories.
561	561	31 (D) Ethical and legal issues of art therapy practice.
562	562	32 (E) Group art therapy.
563	563	33 (F) History of art therapy.
564	564	34 (G) Human growth and development.
565	565	35 (H) Matters of cultural and social diversity bearing on the
566	566	36 practice of art therapy.
567	567	37 (I) Psychological assessment.
568	568	38 (J) Psychopathology or abnormal psychology.
569	569	39 (K) Research.
570	570	40 (L) Standards of good art therapy practice.
571	571	41 (M) Techniques of practice in art therapy.
572	572	42 (N) Theory of art therapy.
573	573	2022 IN 1239—LS 6861/DI 77 14
574	574	1 The content areas may be combined into any one (1) graduate
575	575	2 level course if the applicant can prove that the course
576	576	3 included instruction in all cognitive, psychomotor, and
577	577	4 behavior competencies required in the content area for
578	578	5 competent entry level practice of art therapy.
579	579	6 (2) At least one (1):
580	580	7 (A) supervised clinical practicum of at least one hundred
581	581	8 (100) hours; or
582	582	9 (B) qualifying internship or field experience in an art
583	583	10 therapy setting of at least six hundred (600) hours.
584	584	11 The requirements under clauses (A) and (B) may be met by
585	585	12 experience away from a postsecondary educational
586	586	13 institution, but the experience must be certified by an official
587	587	14 of that institution as equivalent to a graduate level practicum
588	588	15 or internship program.
589	589	16 (b) The following may not be used to satisfy the educational
590	590	17 requirements under subsection (a):
591	591	18 (1) Thesis or dissertation work.
592	592	19 (2) Practicums.
593	593	20 (3) Internships.
594	594	21 (4) Fieldwork.
595	595	22 Sec. 5. (a) An individual who applies for a license as an art
596	596	23 therapist must have:
597	597	24 (1) at least two (2) years of paid or volunteer supervised work
598	598	25 experience in the delivery of art therapy services; and
599	599	26 (2) supervised work experience conducted according to
600	600	27 requirements in subsections (b) through (g).
601	601	28 (b) An individual who applies for a license as an art therapist
602	602	29 must have:
603	603	30 (1) at least three thousand (3,000) hours of postgraduate work
604	604	31 experience in a clinical setting under supervision of a qualified
605	605	32 supervisor;
606	606	33 (2) at least one thousand (1,000) hours of contact with clients;
607	607	34 and
608	608	35 (3) at least one hundred (100) hours of face-to-face supervised
609	609	36 training with a qualified supervisor.
610	610	37 (c) A qualified supervisor may be a licensed art therapist, a
611	611	38 board certified art therapist, or other licensed mental health
612	612	39 professional who has met standards for supervision specified in
613	613	40 rules approved by the board.
614	614	41 (d) A qualified supervisor must observe the successful
615	615	42 application of art therapy knowledge, skills, and values in the
616	616	2022 IN 1239—LS 6861/DI 77 15
617	617	1 diagnosis and treatment of psychological function, disability, or
618	618	2 impairment.
619	619	3 (e) Except as provided in subsection (f), the work experience
620	620	4 requirement may be met by work performed either at the premises
621	621	5 of the supervisor or away from the premises of the supervisor.
622	622	6 (f) The work experience requirement may not be performed
623	623	7 away from the premises of the supervisor if:
624	624	8 (1) the work premises is the independent private practice of a
625	625	9 licensed art therapist; and
626	626	10 (2) the work is not performed at a place that has the
627	627	11 supervision of a licensed art therapist or qualified supervisor.
628	628	12 (g) A doctoral internship may be applied toward the supervised
629	629	13 work experience requirement.
630	630	14 Sec. 6. An individual who satisfies the requirements of section
631	631	15 1(a)(1) through 1(a)(5) of this chapter may take the examination
632	632	16 provided by the board.
633	633	17 Sec. 7. The board shall provide for examinations to be given at
634	634	18 least once each year at times and places established by the board.
635	635	19 Sec. 8. (a) The board shall issue an art therapist license to an
636	636	20 applicant under section 1 of this chapter who:
637	637	21 (1) achieves a passing score on the examination under this
638	638	22 chapter; and
639	639	23 (2) is otherwise qualified under this chapter.
640	640	24 (b) The board shall issue an art therapist associate license to an
641	641	25 applicant under section 2 of this chapter who is otherwise qualified
642	642	26 under this chapter.
643	643	27 (c) A person issued a license under this section may engage in
644	644	28 the practice of art therapy.
645	645	29 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
646	646	30 issued by the board is valid for the remainder of the renewal
647	647	31 period in effect on the date the license was issued.
648	648	32 (b) An individual may renew an art therapist license by:
649	649	33 (1) paying a renewal fee on or before the expiration date of
650	650	34 the license; and
651	651	35 (2) completing at least twenty (20) hours of continuing
652	652	36 education each licensure year.
653	653	37 (c) If an individual fails to pay a renewal fee on or before the
654	654	38 expiration of a license, the license becomes invalid.
655	655	39 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
656	656	40 license issued by the board is valid for the remainder of the
657	657	41 renewal period in effect on the date the license was issued.
658	658	42 (b) An individual may renew an art therapist associate license
659	659	2022 IN 1239—LS 6861/DI 77 16
660	660	1 two (2) times by paying a renewal fee on or before the expiration
661	661	2 date of the license.
662	662	3 (c) If an individual fails to pay a renewal fee on or before the
663	663	4 expiration of a license, the license is invalid.
664	664	5 (d) The board may renew an art therapist associate license for
665	665	6 additional periods at the board's discretion.
666	666	7 (e) An art therapist associate license expires when:
667	667	8 (1) the individual is issued an art therapist license under this
668	668	9 chapter;
669	669	10 (2) the board denies the individual's application for an art
670	670	11 therapist license under this chapter; or
671	671	12 (3) the individual fails to apply for renewal of the art therapist
672	672	13 associate license under this chapter.
673	673	14 Sec. 11. (a) The board may reinstate an invalid art therapist
674	674	15 license issued under section 9 of this chapter up to three (3) years
675	675	16 after the expiration date of the license if the individual holding the
676	676	17 invalid license meets the requirements under IC 25-1-8-6.
677	677	18 (b) If more than three (3) years have elapsed since the date an
678	678	19 art therapist license expired, the individual holding the license may
679	679	20 renew the license by satisfying the requirements for renewal
680	680	21 established by the board and meeting the requirements under
681	681	22 IC 25-1-8-6.
682	682	23 (c) The board may reinstate an invalid art therapist associate
683	683	24 license issued under section 10 of this chapter up to one (1) year
684	684	25 after the expiration date of the license if the individual holding the
685	685	26 invalid license meets the requirements under IC 25-1-8-6. An art
686	686	27 therapist associate license that has been expired for more than one
687	687	28 (1) year may not be reinstated under IC 25-1-8-6.
688	688	29 Sec. 12. The board shall issue an art therapist license to an
689	689	30 individual if the individual:
690	690	31 (1) has a valid license or certificate to practice art therapy
691	691	32 from another state or jurisdiction;
692	692	33 (2) has engaged in at least three (3) years of full-time,
693	693	34 postdegree practice of art therapy, or its equivalent in
694	694	35 part-time practice as determined by the board;
695	695	36 (3) has passed an examination substantially equivalent to the
696	696	37 examination provided by the board under this chapter;
697	697	38 (4) has not been the subject of a disciplinary action by a
698	698	39 licensing or certification agency of another state or
699	699	40 jurisdiction prohibiting the individual from practicing as an
700	700	41 art therapist or art therapist associate without endangering
701	701	42 the public; and
702	702	2022 IN 1239—LS 6861/DI 77 17
703	703	1 (5) has paid a fee established by the board.
704	704	2 Sec. 13. (a) An individual who has an art therapist license under
705	705	3 this chapter shall notify the board in writing when the individual
706	706	4 retires from practice.
707	707	5 (b) Upon receipt of the notice, the board shall:
708	708	6 (1) record the individual as retired;
709	709	7 (2) release the individual from further payment of renewal
710	710	8 fees; and
711	711	9 (3) release the individual from further continuing education
712	712	10 requirements.
713	713	11 Sec. 14. The board may waive the requirements of section
714	714	12 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy license
715	715	13 to an individual who furnishes satisfactory evidence to the board
716	716	14 that the individual:
717	717	15 (1) is a resident of Indiana;
718	718	16 (2) holds a credential in good standing as a board certified art
719	719	17 therapist with the Art Therapy Credentials Board;
720	720	18 (3) has at least three (3) years of full-time, postdegree practice
721	721	19 of art therapy, or its equivalent in part-time practice prior to
722	722	20 submitting an application to the board;
723	723	21 (4) does not have a conviction for a crime that has a direct
724	724	22 bearing on the individual's ability to practice competently;
725	725	23 (5) has not been the subject of a disciplinary action by a
726	726	24 licensing or certification agency of another state or
727	727	25 jurisdiction prohibiting the individual from practicing as an
728	728	26 art therapist or art therapist associate without endangering
729	729	27 the public; and
730	730	28 (6) has paid the fee established by the board.
731	731	29 SECTION 18. IC 25-23.6-12 IS ADDED TO THE INDIANA
732	732	30 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
733	733	31 [EFFECTIVE JULY 1, 2022]:
734	734	32 Chapter 12. Music Therapists; Licensure; Examinations
735	735	33 Sec. 1. An individual who applies for a license as a music
736	736	34 therapist must meet the following requirements:
737	737	35 (1) Furnish satisfactory evidence to the board that the
738	738	36 individual has received a baccalaureate or higher degree in
739	739	37 music therapy or in a related area as determined by the board
740	740	38 from:
741	741	39 (A) an accredited postsecondary educational institution; or
742	742	40 (B) a foreign school that has a program of study;
743	743	41 that meets the requirements under section 2 of this chapter or
744	744	42 has been approved by the board or the American Music
745	745	2022 IN 1239—LS 6861/DI 77 18
746	746	1 Therapy Association or its successor organization.
747	747	2 (2) Furnish satisfactory evidence to the board that the
748	748	3 individual does not have a:
749	749	4 (A) conviction for a crime of violence (as defined in
750	750	5 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
751	751	6 (B) conviction in the previous two (2) years that has a
752	752	7 direct bearing on the individual's ability to practice
753	753	8 competently.
754	754	9 (3) Furnish satisfactory evidence to the board that the
755	755	10 individual has not been the subject of a disciplinary action by
756	756	11 a licensing or certification agency of another state or
757	757	12 jurisdiction on the grounds that the individual was not able to
758	758	13 practice as a music therapist without endangering the public.
759	759	14 (4) Pass an examination provided by the Certification Board
760	760	15 for Music Therapists or its successor organization.
761	761	16 (5) Pay the fee established by the board.
762	762	17 Sec. 2. An applicant under section 1 of this chapter must have
763	763	18 a baccalaureate or higher degree in music therapy or in a related
764	764	19 area as determined by the board from an eligible postsecondary
765	765	20 educational institution that meets the following requirements:
766	766	21 (1) If the institution is located in the United States or a
767	767	22 territory of the United States, at the time of the applicant's
768	768	23 graduation the institution was accredited by a regional
769	769	24 accrediting body recognized by the Commission on
770	770	25 Recognition of Postsecondary Accreditation.
771	771	26 (2) If the institution is located in Canada, at the time of the
772	772	27 applicant's graduation the institution was a member in good
773	773	28 standing with the Association of Universities and Colleges of
774	774	29 Canada.
775	775	30 (3) If the institution is located in a foreign country other than
776	776	31 Canada, at the time of the applicant's graduation the
777	777	32 institution:
778	778	33 (A) was recognized by the government of the country
779	779	34 where the school was located as a program to train in the
780	780	35 practice of music therapy; and
781	781	36 (B) maintained a standard of training substantially
782	782	37 equivalent to the standards of institutions accredited by a
783	783	38 regional accrediting body recognized by the Commission
784	784	39 on Recognition of Postsecondary Accreditation.
785	785	40 Sec. 3. An individual who applies for music therapist licensure
786	786	41 under this article may be exempted by the board from the
787	787	42 examination requirement under section 1 of this chapter if the
788	788	2022 IN 1239—LS 6861/DI 77 19
789	789	1 individual:
790	790	2 (1) is licensed or certified as a music therapist in another state
791	791	3 or jurisdiction and has passed a licensing or certification
792	792	4 examination substantially equivalent to the certification
793	793	5 examination required under this chapter;
794	794	6 (2) has engaged in the practice of music therapy for at least
795	795	7 three (3) of the previous five (5) years;
796	796	8 (3) has passed an examination pertaining to the music therapy
797	797	9 laws and rules of Indiana; and
798	798	10 (4) has not committed any act and is not under investigation
799	799	11 for any act that constitutes a violation of this article.
800	800	12 Sec. 4. (a) A license issued by the board under this chapter is
801	801	13 valid for the remainder of the renewal period in effect on the date
802	802	14 the license was issued.
803	803	15 (b) An individual may renew license by paying a renewal fee on
804	804	16 or before the expiration date of the license.
805	805	17 (c) If an individual fails to pay a renewal fee on or before the
806	806	18 expiration date of a license, the license is invalid.
807	807	19 Sec. 5. (a) The board may reinstate an invalid license up to three
808	808	20 (3) years after the expiration date of the license if the individual
809	809	21 holding the invalid license meets the requirements under
810	810	22 IC 25-1-8-6.
811	811	23 (b) If more than three (3) years have elapsed since the date the
812	812	24 license expired, the individual holding the license may renew the
813	813	25 license by satisfying the requirements for renewal established by
814	814	26 the board and meeting the requirements of IC 25-1-8-6.
815	815	27 Sec. 6. (a) The board shall exempt an individual from the
816	816	28 requirements set forth in this article and grant the individual a
817	817	29 music therapy license if the individual meets the following
818	818	30 requirements:
819	819	31 (1) Holds, before July 1, 2023, a bachelor's degree or higher
820	820	32 in music therapy or a related discipline from an eligible
821	821	33 postsecondary educational institution.
822	822	34 (2) Furnishes satisfactory evidence to the board that the
823	823	35 individual does not have a:
824	824	36 (A) conviction for a crime of violence (as defined in
825	825	37 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
826	826	38 (B) conviction in the previous two (2) years that has a
827	827	39 direct bearing on the individual's ability to practice
828	828	40 competently.
829	829	41 (3) Has engaged in the practice of music therapy for at least
830	830	42 three (3) years.
831	831	2022 IN 1239—LS 6861/DI 77 20
832	832	1 (4) Files an initial application to the board before July 1, 2024.
833	833	2 (b) This section expires January 1, 2025.
834	834	3 Sec. 7. A licensed music therapist may do the following:
835	835	4 (1) Accept referrals for music therapy services from medical,
836	836	5 developmental, mental health, or education professionals,
837	837	6 family members, and client caregivers or others involved and
838	838	7 authorized with the provision of client services. However,
839	839	8 before engaging in the practice of music therapy with:
840	840	9 (A) a client for an identified clinical or developmental
841	841	10 need, the music therapist shall review with the health care
842	842	11 provider involved in the client's care the client's diagnosis,
843	843	12 treatment needs, and treatment plan; and
844	844	13 (B) if a client is a primary or secondary school student who
845	845	14 is referred for an identified educational need, the music
846	846	15 therapist shall review with the individualized family
847	847	16 service plan or individual education plan team concerning
848	848	17 the student's diagnosis, treatment needs, and treatment
849	849	18 plan.
850	850	19 (2) Conduct a music therapy assessment of a client to
851	851	20 determine if music therapy treatment is indicated. If
852	852	21 treatment is indicated, the music therapist shall collect
853	853	22 systematic, comprehensive, and accurate information to
854	854	23 determine the appropriateness and type of music therapy
855	855	24 services to provide for the client.
856	856	25 (3) Develop an individualized music therapy treatment plan
857	857	26 for the client that is based upon the results of the music
858	858	27 therapy assessment. The music therapy treatment plan must
859	859	28 include individualized goals and objectives that focus on the
860	860	29 assessed needs and strengths of the client and specify music
861	861	30 therapy approaches and interventions to be used to address
862	862	31 these goals and objectives.
863	863	32 (4) Implement an individualized music therapy treatment plan
864	864	33 that is consistent with any other developmental, rehabilitative,
865	865	34 habilitative, medical, mental health, preventive, wellness care,
866	866	35 or educational services being provided to the client. When
867	867	36 providing educational or health care services, a music
868	868	37 therapist may not replace the services provided by an
869	869	38 audiologist or a speech-language pathologist.
870	870	39 (5) Evaluate the client's response to music therapy and the
871	871	40 music therapy treatment plan, that includes documenting the
872	872	41 change and progress of the client and suggesting
873	873	42 modifications, as appropriate.
874	874	2022 IN 1239—LS 6861/DI 77 21
875	875	1 (6) Develop a plan for determining when the provision of
876	876	2 music therapy is no longer needed in collaboration with the
877	877	3 client, physician, or other health care or educational provider
878	878	4 of the client, family members of the client, and any other
879	879	5 appropriate person upon whom the client relies for support.
880	880	6 (7) Minimize any barriers to ensure that the client receives
881	881	7 music therapy in the least restrictive environment.
882	882	8 (8) Collaborate with and educate the client, the client's family,
883	883	9 caregiver, and any other appropriate person regarding the
884	884	10 needs of the client that are being addressed in music therapy
885	885	11 and the manner in which the music therapy treatment
886	886	12 addresses those needs.
887	887	13 (9) Use appropriate knowledge and skills to provide an
888	888	14 informed practice, including use of research, reasoning, and
889	889	15 problem solving skills to determine appropriate actions in the
890	890	16 context of each specific clinical setting.
891	891	17 (10) Provide music therapy to the client in an individual or
892	892	18 group setting.
893	893	19 (11) Provide music therapy that includes music improvisation,
894	894	20 receptive music listening, song writing, lyric discussion, music
895	895	21 and imagery, singing, music performance, learning through
896	896	22 music, music combined with other arts, music assisted
897	897	23 relaxation, music based patient education, electronic music
898	898	24 technology, adapted music intervention, and movement to
899	899	25 music.
900	900	26 Sec. 8. A licensed music therapist shall do the following:
901	901	27 (1) When engaging in the practice of music therapy with a
902	902	28 client, the music therapist shall collaborate, as applicable,
903	903	29 with the client's treatment team, including a physician,
904	904	30 psychologist, licensed social worker or clinical social worker,
905	905	31 or other mental health professional.
906	906	32 (2) When engaging in the practice of music therapy with a
907	907	33 client who has a communication disorder, the music therapist
908	908	34 shall collaborate and discuss the music therapy treatment
909	909	35 plan with the client's audiologist or speech-language
910	910	36 pathologist.
911	911	37 SECTION 19. IC 25-23.6-13 IS ADDED TO THE INDIANA
912	912	38 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
913	913	39 [EFFECTIVE JULY 1, 2022]:
914	914	40 Chapter 13. Music Therapist; Unlawful Practices; Penalty
915	915	41 Sec. 1. Beginning July 1, 2023, an individual may not:
916	916	42 (1) profess to be a licensed music therapist;
917	917	2022 IN 1239—LS 6861/DI 77 22
918	918	1 (2) use the title:
919	919	2 (A) "licensed music therapist"; or
920	920	3 (B) "music therapist"; or
921	921	4 (3) use any other words indicating or implying that the
922	922	5 individual is a licensed music therapist;
923	923	6 unless the individual is licensed under this article.
924	924	7 Sec. 2. This article may not be construed to limit music therapy
925	925	8 services performed by a person who does not use a title specified in
926	926	9 this chapter and who is any of the following:
927	927	10 (1) A licensed, certified, or registered health care professional,
928	928	11 counselor, or educational professional acting within the scope
929	929	12 of the person's license, certificate, or registration.
930	930	13 (2) A student, an intern, or a trainee pursuing a course of
931	931	14 study in a health care profession, counseling, or education or
932	932	15 a course of study to gain licensure under this article.
933	933	16 (3) A nonresident of Indiana if the person performs music
934	934	17 therapy in Indiana for not more than:
935	935	18 (A) five (5) days in any one (1) month; or
936	936	19 (B) fifteen (15) days in any one (1) calendar year;
937	937	20 and the person is authorized to perform such services under
938	938	21 the laws of the state or country in which the person resides.
939	939	22 (4) A person who performs music therapy under the
940	940	23 supervision of a music therapist.
941	941	24 Sec. 3. An individual who knowingly and intentionally violates
942	942	25 this chapter after July 1, 2023, commits a Class A misdemeanor.
943	943	26 SECTION 20. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
944	944	27 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
945	945	28 JULY 1, 2022]: Sec. 1. The privileged communication between:
946	946	29 (1) a husband and wife;
947	947	30 (2) a health care provider and the health care provider's patient;
948	948	31 (3) a:
949	949	32 (A) licensed social worker;
950	950	33 (B) licensed clinical social worker;
951	951	34 (C) licensed marriage and family therapist;
952	952	35 (D) licensed mental health counselor;
953	953	36 (E) licensed addiction counselor; or
954	954	37 (F) licensed clinical addiction counselor;
955	955	38 (G) licensed music therapist; or
956	956	39 (H) licensed art therapist;
957	957	40 and a client of any of the professionals described in clauses (A)
958	958	41 through (F); (H);
959	959	42 (4) a school counselor and a student; or
960	960	2022 IN 1239—LS 6861/DI 77 23
961	961	1 (5) a school psychologist and a student;
962	962	2 is not a ground for excluding evidence in any judicial proceeding
963	963	3 resulting from a report of a child who may be a victim of child abuse
964	964	4 or neglect or relating to the subject matter of the report or failing to
965	965	5 report as required by IC 31-33.
966	966	6 SECTION 21. IC 35-52-25-31.2 IS ADDED TO THE INDIANA
967	967	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
968	968	8 [EFFECTIVE JULY 1, 2022]: Sec. 31.2. IC 25-23.6-4.7-5 defines a
969	969	9 crime concerning unlawful practice of art therapy.
970	970	10 SECTION 22. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
971	971	11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
972	972	12 JULY 1, 2022]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
973	973	13 marriage and family therapists. a description of services an
974	974	14 individual performs.
975	975	15 SECTION 23. IC 35-52-25-35, AS ADDED BY P.L.169-2014,
976	976	16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
977	977	17 JULY 1, 2022]: Sec. 35. IC 25-23.6-11-2 defines a crime concerning
978	978	18 marriage and family therapists. the use of a license issued.
979	979	19 SECTION 24. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
980	980	20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
981	981	21 JULY 1, 2022]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
982	982	22 marriage and family therapists. false or forged information or
983	983	23 documents.
984	984	24 SECTION 25. IC 35-52-25-36.5 IS ADDED TO THE INDIANA
985	985	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
986	986	26 [EFFECTIVE JULY 1, 2022]: Sec. 36.5. IC 25-23.6-13-3 defines a
987	987	27 crime concerning unlawful practice of music therapy.
988	988	28 SECTION 26. [EFFECTIVE JULY 1, 2022] (a) The definitions in
989	989	29 IC 25-23.6-1, as amended by this act, apply throughout this
990	990	30 SECTION.
991	991	31 (b) Notwithstanding IC 25-23.6-2-2(a)(8) and
992	992	32 IC 25-23.6-2-2(a)(9), as amended by this act, before July 1, 2023,
993	993	33 a music therapist or art therapist member of the board is not
994	994	34 required to be licensed under IC 25-23.6.
995	995	35 (c) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
996	996	36 the two (2) members initially appointed to the board under
997	997	37 IC 25-23.6-2-2(a)(8), as amended by this act, shall be appointed to
998	998	38 terms beginning July 1, 2022, as follows:
999	999	39 (1) One (1) music therapist shall be appointed to a term of one
1000	1000	40 (1) year by the governor.
1001	1001	41 (2) One (1) music therapist shall be appointed to a term of
1002	1002	42 three (3) years by the governor.
1003	1003	2022 IN 1239—LS 6861/DI 77 24
1004	1004	1 (d) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1005	1005	2 the two (2) members initially appointed to the board under
1006	1006	3 IC 25-23.6-2-2(a)(9), as amended by this act, shall be appointed to
1007	1007	4 terms beginning July 1, 2022, as follows:
1008	1008	5 (1) One (1) art therapist shall be appointed to a term of two
1009	1009	6 (2) years by the governor.
1010	1010	7 (2) One (1) art therapist shall be appointed to a term of four
1011	1011	8 (4) years by the governor.
1012	1012	9 (e) This SECTION expires July 1, 2025.
1013	1013	2022 IN 1239—LS 6861/DI 77