Introduced Version
HOUSE BILL No. 1239
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-15-5-1; IC 16-18-2-295; IC 25-0.5-2-22;
IC 25-23.6; IC 31-32-11-1; IC 35-52-25.
Synopsis: Music and art therapy. Provides that art therapy services
provided by a licensed art therapist to an individual who receives
mental health services or to an individual who receives services from
a community mental health center are reimbursable under Medicaid.
Provides for the licensure of music therapists, art therapists, and art
therapist associates. Adds music therapists and art therapists to the
behavioral health and human services licensing board (board). Creates
the music therapist and art therapist sections of the board. Requires
music therapists to be licensed. Establishes requirements and
procedures for an individual to be licensed as a music therapist, art
therapist, and art therapist associate. Prohibits a person who is not
licensed as a music therapist, art therapist, or an art therapist associate
from using certain titles or certain words in a title. Makes technical and
conforming changes.
Effective: July 1, 2022.
Judy, Clere, VanNatter, Gore
January 6, 2022, read first time and referred to Committee on Public Health.
2022 IN 1239—LS 6861/DI 77 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1239
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-15-5-1, AS AMENDED BY P.L.149-2019,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. Except as provided in IC 12-15-2-12,
4 IC 12-15-6, and IC 12-15-21, the following services and supplies are
5 provided under Medicaid:
6 (1) Inpatient hospital services.
7 (2) Nursing facility services.
8 (3) Physician's services, including services provided under
9 IC 25-10-1 and IC 25-22.5-1.
10 (4) Outpatient hospital or clinic services.
11 (5) Home health care services.
12 (6) Private duty nursing services.
13 (7) Physical therapy and related services.
14 (8) Dental services.
15 (9) Prescribed laboratory and x-ray services.
16 (10) Prescribed drugs and pharmacist services.
17 (11) Eyeglasses and prosthetic devices.
2022 IN 1239—LS 6861/DI 77 2
1 (12) Optometric services.
2 (13) Diagnostic, screening, preventive, and rehabilitative services.
3 (14) Podiatric medicine services.
4 (15) Hospice services.
5 (16) Services or supplies recognized under Indiana law and
6 specified under rules adopted by the office.
7 (17) Family planning services except the performance of
8 abortions.
9 (18) Nonmedical nursing care given in accordance with the tenets
10 and practices of a recognized church or religious denomination to
11 an individual qualified for Medicaid who depends upon healing
12 by prayer and spiritual means alone in accordance with the tenets
13 and practices of the individual's church or religious denomination.
14 (19) Services provided to individuals described in IC 12-15-2-8.
15 (20) Services provided under IC 12-15-34 and IC 12-15-32.
16 (21) Case management services provided to individuals described
17 in IC 12-15-2-11 and IC 12-15-2-13.
18 (22) Any other type of remedial care recognized under Indiana
19 law and specified by the United States Secretary of Health and
20 Human Services.
21 (23) Examinations required under IC 16-41-17-2(a)(10).
22 (24) Inpatient substance abuse detoxification services.
23 (25) Chronic pain management.
24 (26) Art therapy provided by an art therapist licensed under
25 IC 25-23.6-10.8 to an individual who receives:
26 (A) mental health services under IC 12-17.6-4-2; or
27 (B) services from a community mental health center under
28 IC 12-29-2.
29 SECTION 2. IC 16-18-2-295, AS AMENDED BY P.L.161-2014,
30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
32 has the meaning set forth in IC 16-21-8-0.2.
33 (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
34 IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the
35 following:
36 (1) An individual (other than an individual who is an employee or
37 a contractor of a hospital, a facility, or an agency described in
38 subdivision (2) or (3)) who is licensed, registered, or certified as
39 a health care professional, including the following:
40 (A) A physician.
41 (B) A psychotherapist.
42 (C) A dentist.
2022 IN 1239—LS 6861/DI 77 3
1 (D) A registered nurse.
2 (E) A licensed practical nurse.
3 (F) An optometrist.
4 (G) A podiatrist.
5 (H) A chiropractor.
6 (I) A physical therapist.
7 (J) A psychologist.
8 (K) An audiologist.
9 (L) A speech-language pathologist.
10 (M) A dietitian.
11 (N) An occupational therapist.
12 (O) A respiratory therapist.
13 (P) A pharmacist.
14 (Q) A sexual assault nurse examiner.
15 (R) An art therapist.
16 (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
17 described in IC 12-24-1 or IC 12-29.
18 (3) A health facility licensed under IC 16-28-2.
19 (4) A home health agency licensed under IC 16-27-1.
20 (5) An employer of a certified emergency medical technician, a
21 certified advanced emergency medical technician, or a licensed
22 paramedic.
23 (6) The state department or a local health department or an
24 employee, agent, designee, or contractor of the state department
25 or local health department.
26 (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
27 forth in IC 16-39-7-1(a).
28 (d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
29 in IC 16-48-1-3.
30 SECTION 3. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 22. IC 25-1-2-2.1 applies to licenses held by
33 social workers, marriage and family therapists, and mental health
34 counselors, music therapists, and art therapists.
35 SECTION 4. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 1.6. "Art therapist" means an
38 individual who is licensed under IC 25-23.6-10.8-1.
39 SECTION 5. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 1.7. "Art therapist associate"
42 means an individual who is licensed under IC 25-23.6-10.8-2.
2022 IN 1239—LS 6861/DI 77 4
1 SECTION 6. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
4 "counselor" refers to a social worker, a clinical social worker, a
5 marriage and family therapist, a mental health counselor, an addiction
6 counselor, or a clinical addiction counselor, a music therapist, an art
7 therapist, or an art therapist associate who is licensed under this
8 article.
9 SECTION 7. IC 25-23.6-1-5.4 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2022]: Sec. 5.4. "Music therapist" means an
12 individual who is licensed under IC 25-23.6-12.
13 SECTION 8. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2022]: Sec. 5.8. "Practice of art therapy"
16 means the application of art, art media, and the creative process in
17 the education, assessment, prevention, treatment, and amelioration
18 of cognitive, physical, developmental, and behavioral conditions
19 and disabilities. The term includes the:
20 (1) use of art creation to assess a client's issues with the goal
21 of improving physical, psychological, and emotional
22 functioning and well-being;
23 (2) employment of art based techniques to:
24 (A) assess levels of functioning;
25 (B) determine treatment goals; and
26 (C) implement appropriate interventions;
27 to treat a client;
28 (3) use of therapeutic interventions to facilitate alternative
29 modes of receptive and expressive communication and
30 engagement;
31 (4) use of art to help clients:
32 (A) improve cognitive and sensory motor functions;
33 (B) reduce symptoms of depression, anxiety, posttraumatic
34 stress, and attachment disorders;
35 (C) resolve conflicts and distress;
36 (D) develop interpersonal skills;
37 (E) manage behavior;
38 (F) improve social functioning; and
39 (G) achieve self-esteem and self-awareness;
40 (5) adjustment of techniques and treatments to address
41 multicultural and diversity issues; and
42 (6) provision of:
2022 IN 1239—LS 6861/DI 77 5
1 (A) consultation;
2 (B) referral;
3 (C) crisis intervention;
4 (D) client advocacy; and
5 (E) education;
6 services to clients.
7 SECTION 9. IC 25-23.6-1-7.7 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2022]: Sec. 7.7. (a) "Practice of music
10 therapy" means providing professional services that are delivered
11 by a music therapist, that use clinical and evidence based music
12 interventions to accomplish individualized goals for clients of any
13 age or ability level within a therapeutic relationship, and that
14 include the following:
15 (1) Developing individualized music therapy treatment plans
16 specific to the needs and strengths of each client.
17 (2) Establishing goals, objectives, and potential strategies of
18 the music therapy services that are appropriate for the client
19 and setting.
20 (b) The term does not include the screening, diagnosis, or
21 assessment of any physical, mental, or communication disorder.
22 SECTION 10. IC 25-23.6-2-2, AS AMENDED BY P.L.249-2019,
23 SECTION 106, IS AMENDED TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The board consists of ten (10)
25 fourteen (14) members appointed by the governor. Subject to
26 IC 25-1-6.5-3, the board must include the following:
27 (1) Two (2) marriage and family therapists who:
28 (A) have at least a master's degree in marriage and family
29 therapy or a related field from an eligible postsecondary
30 educational institution;
31 (B) are licensed under this chapter; article; and
32 (C) have five (5) years of experience in marriage and family
33 therapy.
34 (2) One (1) social worker who:
35 (A) has at least a master's degree in social work from an
36 eligible postsecondary educational institution accredited by the
37 Council on Social Work Education;
38 (B) is licensed under this article; and
39 (C) has at least five (5) years of experience as a social worker.
40 (3) One (1) social services director of a hospital with a social
41 work degree who has at least three (3) years of experience in a
42 hospital setting.
2022 IN 1239—LS 6861/DI 77 6
1 (4) Two (2) mental health counselors who:
2 (A) have at least a master's degree in mental health counseling;
3 (B) are licensed under this article; and
4 (C) have at least five (5) years experience as a mental health
5 counselor.
6 (5) One (1) consumer who has never been credentialed under this
7 article.
8 (6) One (1) physician licensed under IC 25-22.5 who has training
9 in psychiatric medicine.
10 (7) Two (2) licensed clinical addiction counselors who:
11 (A) are licensed under IC 25-23.6-10.5; and
12 (B) have at least five (5) years experience in clinical addiction
13 counseling.
14 (8) Two (2) music therapists who:
15 (A) are licensed under this article; and
16 (B) have at least five (5) years experience in music therapy.
17 (9) Two (2) art therapists who:
18 (A) have at least a master's degree in art therapy;
19 (B) are licensed under this article; and
20 (C) have at least five (5) years experience as an art
21 therapist.
22 (b) Not more than six (6) eight (8) members of the board may be
23 from the same political party.
24 (c) A member appointed
25 (1) before July 1, 2019, serves a three (3) year term; and
26 (2) after June 30, 2019, under this chapter serves a term as
27 provided under IC 25-1-6.5.
28 SECTION 11. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
31 establishing standards for the following:
32 (1) The competent practice of marriage and family therapy,
33 bachelor's degree social work, social work, clinical social work,
34 mental health counseling, addiction counseling, and clinical
35 addiction counseling, music therapy, and art therapy.
36 (2) The renewal of licenses issued under this article.
37 (3) Standards for the administration of this article.
38 (4) Continuing education requirements for an individual seeking
39 renewal of licensure as a bachelor's degree social worker, social
40 worker, clinical social worker, or marriage and family therapist,
41 music therapist, art therapist, or an art therapist associate.
42 (5) The retention of patient records and reports by a counselor.
2022 IN 1239—LS 6861/DI 77 7
1 (6) The approval of continuing education providers, programs,
2 courses, fees, and proof of course completion.
3 (b) The board shall establish fees under IC 25-1-8-2.
4 (c) The board shall do the following:
5 (1) Consider the qualifications of individuals who apply for a
6 license under this article.
7 (2) Provide for examinations required under this article.
8 (3) Subject to IC 25-1-8-6, renew licenses under this article.
9 (4) Conduct proceedings under IC 25-1-9.
10 SECTION 12. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2022]: Sec. 9.7. (a) The art therapist section
13 of the board is established. The section consists of the following:
14 (1) Two (2) art therapist members of the board.
15 (2) Two (2) consumer members of the board.
16 (3) One (1) physician member of the board.
17 (b) Three (3) members of the art therapist section, two (2) of
18 whom must be art therapists, constitute a quorum.
19 SECTION 13. IC 25-23.6-2-10.7 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2022]: Sec. 10.7. (a) The music therapist
22 section of the board is established. The section consists of the
23 following:
24 (1) Two (2) licensed music therapist members of the board.
25 (2) Two (2) consumer members of the board.
26 (3) One (1) physician member of the board.
27 (b) Three (3) members of the music therapist section, two (2) of
28 whom must be music therapists, constitute a quorum.
29 SECTION 14. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
30 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 11. The social worker, marriage and family
32 therapist, mental health counselor, and addiction counselor, music
33 therapist, and art therapist sections of the board shall do the
34 following:
35 (1) Approve continuing education courses authorized under this
36 article.
37 (2) Propose rules to the board concerning the practice of the
38 profession regulated by each section.
39 (3) Other duties as directed by the board.
40 SECTION 15. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
41 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]:
2022 IN 1239—LS 6861/DI 77 8
1 Chapter 4.7. Art Therapists; Unlawful Practices
2 Sec. 1. This chapter applies after December 31, 2022.
3 Sec. 2. (a) An individual may not:
4 (1) profess to be a licensed art therapist;
5 (2) use the title:
6 (A) "licensed art therapist"; or
7 (B) "art therapist"; or
8 (3) use any other words, letters, abbreviations, or insignia
9 indicating or implying that the individual is a licensed art
10 therapist;
11 unless the individual is licensed under this article.
12 (b) An individual may not:
13 (1) profess to be a licensed art therapist associate;
14 (2) use the title:
15 (A) "licensed art therapist associate"; or
16 (B) "art therapist associate"; or
17 (3) use any other words, letters, abbreviations, or insignia
18 indicating or implying that the individual is a licensed art
19 therapist associate;
20 unless the individual is licensed under this article.
21 Sec. 3. (a) This article may not be construed to limit the practice
22 of art therapy performed by an individual who does not use a title
23 specified in this chapter and who is any of the following:
24 (1) A student, an intern, or a trainee pursuing a course of
25 study in art therapy to gain licensure under this article in an
26 accredited postsecondary educational institution if:
27 (A) the services are performed under qualified supervision
28 and constitute a part of the individual's supervised course
29 of study or other level of supervision; and
30 (B) the student or graduate uses a title that contains the
31 term "student", "intern", or "trainee".
32 (2) Not a resident of Indiana if the individual performed the
33 services in Indiana for not more than five (5) days in any one
34 (1) month or fifteen (15) days within any one (1) calendar year
35 and the person is authorized to perform such services under
36 the laws of the state or country in which the individual
37 resides.
38 (3) A rabbi, priest, Christian Science practitioner, minister, or
39 other member of the clergy.
40 (4) An employee or a volunteer for an organization
41 performing charitable, religious, or educational functions,
42 providing pastoral counseling, or providing other assistance.
2022 IN 1239—LS 6861/DI 77 9
1 (5) An individual who is licensed or certified by a state or
2 national organization that is recognized by the division of
3 mental health and addiction and who provides services in the
4 areas of alcohol or drug abuse addiction.
5 (6) A governmental employee who remains in the same job
6 classification or job family of that job classification.
7 (b) This article may not be construed to prohibit or limit any
8 service or treatment that involves the use of art or art media by a
9 licensed health care professional who:
10 (1) is acting within the scope of the person's license; and
11 (2) does not use a title specified in this article.
12 (c) Nothing in this section prohibits a person referred to in
13 subsection (a) from qualifying for licensure under this article.
14 Sec. 4. (a) An individual who is licensed as an art therapist shall:
15 (1) display the license or a clear copy of the license at each
16 location where the art therapist regularly practices; and
17 (2) include the words "art therapist" or the letters "AT" on
18 all promotional materials, including business cards,
19 brochures, stationery, advertisements, and signs that name
20 the individual.
21 (b) An individual who is licensed as an art therapist associate
22 shall:
23 (1) display the license or a clear copy of the license at each
24 location where the art therapist associate regularly practices;
25 and
26 (2) include the words "art therapist associate" or the letters
27 "ATA" on all promotional materials, including business
28 cards, brochures, stationery, advertisements, and signs that
29 name the individual.
30 Sec. 5. An individual who knowingly or intentionally violates
31 this chapter after December 31, 2022, commits a Class A
32 misdemeanor.
33 SECTION 16. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
34 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 2. (a) This article may not be construed to limit
36 addiction counselor or clinical addiction counselor services performed
37 by a person who does not use a title specified in this article and who is
38 any of the following:
39 (1) A licensed or certified health care professional acting within
40 the scope of the person's license or certificate, including: a:
41 (A) a social worker licensed under this article;
42 (B) a clinical social worker licensed under this article;
2022 IN 1239—LS 6861/DI 77 10
1 (C) a marriage and family therapist licensed under this article;
2 (D) a mental health counselor licensed under this article;
3 (E) a psychologist licensed under IC 25-33;
4 (F) a physician licensed under IC 25-22.5; or
5 (G) a nurse licensed under IC 25-23;
6 (H) an art therapist or art therapist associate licensed
7 under this article; or
8 (I) a music therapist licensed under this article;
9 and who has training and experience in addiction counseling.
10 (2) A student, an intern, or a trainee pursuing a course of study in
11 medicine or psychology or a course of study to gain licensure
12 under this article as follows:
13 (A) In an accredited eligible postsecondary educational
14 institution or training institution recognized by the Council for
15 Higher Education Accreditation (CHEA) for undergraduate
16 and graduate institutions. Accreditation by the Council for
17 Accreditation of Counseling and Related Educational
18 Programs or a substantially equivalent accreditation program
19 approved by the board is required for graduate institutions.
20 (B) Through a National Association of Alcohol and Drug
21 Abuse Counselors approved academic education provider; or
22 (C) By a graduate accumulating experience required for
23 licensure if:
24 (i) the services are performed under qualified supervision
25 and constitute a part of the person's supervised course of
26 study or other level of supervision; and
27 (ii) the student or graduate uses a title that contains the term
28 "intern", "student", or "trainee".
29 (3) A nonresident of Indiana if the person performs addiction
30 counseling or therapy in Indiana for not more than:
31 (A) five (5) days in any one (1) month; or
32 (B) fifteen (15) days in any one (1) calendar year;
33 and the person is authorized to perform such services under the
34 laws of the state or country in which the person resides.
35 (4) A rabbi, priest, Christian Science practitioner, minister, or
36 other member of the clergy.
37 (5) An employee or a volunteer for an organization performing
38 charitable, religious, or educational functions or providing
39 pastoral counseling or other assistance.
40 (6) A person who provides school counseling.
41 (7) A governmental employee who remains in the same job
42 classification or job family of that job classification.
2022 IN 1239—LS 6861/DI 77 11
1 (8) An employee of a court alcohol and drug program, a drug
2 court, or a reentry court certified by the office of judicial
3 administration when performing assigned job duties.
4 (9) A probation officer when performing assigned job duties.
5 (b) This section does not prohibit a person referred to in subsection
6 (a) from qualifying for licensure under this article.
7 SECTION 17. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
8 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2022]:
10 Chapter 10.8. Art Therapist Licensure
11 Sec. 1. (a) An individual who applies to be licensed as an art
12 therapist must furnish satisfactory evidence to the board that the
13 individual:
14 (1) has received:
15 (A) a master's or doctoral degree from an accredited
16 postsecondary educational institution in a program in art
17 therapy, or a related field as approved by the board, that:
18 (i) is approved by the American Art Therapy Association
19 or accredited by the Commission on Accreditation of
20 Allied Health Education Programs; or
21 (ii) is determined by the board to be substantially
22 equivalent to an approved or accredited program in art
23 therapy under sections 3 and 4 of this chapter; or
24 (B) at least a master's degree from an accredited
25 postsecondary educational institution in a program or
26 course of studies that:
27 (i) is determined by the board to meet the educational
28 requirements under sections 3 and 4 of this chapter; or
29 (ii) has been accepted by the Art Therapy Credentials
30 Board, Inc., or a successor organization, as meeting the
31 educational requirements to qualify an individual for a
32 credential as a registered art therapist;
33 (2) has met the work experience requirements under section
34 5 of this chapter;
35 (3) has not been convicted of a crime that has a direct bearing
36 on the individual's ability to practice competently;
37 (4) has not been the subject of a disciplinary action by a
38 licensing or certification agency of another state or
39 jurisdiction prohibiting the individual from practicing as an
40 art therapist or art therapist associate;
41 (5) pays the fee established by the board; and
42 (6) has passed an examination provided by the board.
2022 IN 1239—LS 6861/DI 77 12
1 (b) An individual who applies to be licensed as an art therapist
2 under this section, except as provided in section 14 of this chapter,
3 must furnish satisfactory evidence to the board that the individual:
4 (1) holds a valid art therapist associate license issued under
5 section 2 of this chapter and has met the work experience
6 requirements under section 5 of this chapter;
7 (2) has met the work experience requirements under section
8 5 of this chapter in another state or jurisdiction; or
9 (3) is licensed or certified to practice as an art therapist in
10 another state or jurisdiction under section 12 of this chapter.
11 Sec. 2. (a) An individual who applies to be licensed as an art
12 therapist associate must furnish satisfactory evidence to the board
13 that the individual has:
14 (1) received a master's or doctoral degree in art therapy that
15 meets the requirements under section 1(a)(1) of this chapter;
16 (2) not been convicted of a crime that has a direct bearing on
17 the individual's ability to practice competently;
18 (3) not been the subject of a disciplinary action by a licensing
19 or certification agency of another state or jurisdiction
20 prohibiting the individual from practicing as an art therapist
21 or art therapist associate; and
22 (4) paid a fee established by the board.
23 (b) The board may require an individual who applies to be
24 licensed as an art therapist associate to pass an examination
25 administered by an entity approved by the board.
26 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
27 of this chapter, an individual who applies for a license as an art
28 therapist or as an art therapist associate must have:
29 (1) received a master's or doctoral degree that meets the
30 educational requirements for licensure under section 1(a) of
31 this chapter; and
32 (2) attended an eligible postsecondary educational institution
33 that meets the following requirements:
34 (A) If the institution is located in the United States or a
35 territory of the United States, the institution must be
36 accredited by a regional accrediting body recognized by
37 the Council for Higher Education Accreditation.
38 (B) If the institution is located in Canada, the institution
39 must be a member in good standing with the Association of
40 Universities and Colleges of Canada.
41 (C) If the institution is located in a foreign country other
42 than Canada, the institution must:
2022 IN 1239—LS 6861/DI 77 13
1 (i) be recognized as a program to train in the practice of
2 mental health counseling or psychotherapy; and
3 (ii) have maintained a standard of training that is
4 substantially equivalent to the standards of institutions
5 accredited by a regional accrediting body recognized by
6 the Council for Higher Education Accreditation.
7 (b) An individual who applies to be licensed as an art therapist
8 under section 1 of this chapter or as an art therapist associate
9 under section 2 of this chapter and who has a master's or doctoral
10 degree from a program that did not emphasize art therapy may
11 complete the course work requirements from an institution:
12 (1) with a program in art therapy accredited by the
13 Commission on Accreditation of Allied Health Education
14 Programs; or
15 (2) that is accredited by a regional accrediting body
16 recognized by the Council for Higher Education
17 Accreditation, as approved by the board.
18 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
19 of this chapter, the board may determine that an individual's
20 graduate level education program or course of study is
21 substantially equivalent to an approved or accredited program in
22 art therapy if the individual has completed the following
23 requirements:
24 (1) Except as provided in subsection (b), qualifying course
25 work that must include graduate level course credits in at
26 least the following content areas:
27 (A) Application of art therapy with people in different
28 treatment settings.
29 (B) Art therapy assessment.
30 (C) Counseling or psychological theories.
31 (D) Ethical and legal issues of art therapy practice.
32 (E) Group art therapy.
33 (F) History of art therapy.
34 (G) Human growth and development.
35 (H) Matters of cultural and social diversity bearing on the
36 practice of art therapy.
37 (I) Psychological assessment.
38 (J) Psychopathology or abnormal psychology.
39 (K) Research.
40 (L) Standards of good art therapy practice.
41 (M) Techniques of practice in art therapy.
42 (N) Theory of art therapy.
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1 The content areas may be combined into any one (1) graduate
2 level course if the applicant can prove that the course
3 included instruction in all cognitive, psychomotor, and
4 behavior competencies required in the content area for
5 competent entry level practice of art therapy.
6 (2) At least one (1):
7 (A) supervised clinical practicum of at least one hundred
8 (100) hours; or
9 (B) qualifying internship or field experience in an art
10 therapy setting of at least six hundred (600) hours.
11 The requirements under clauses (A) and (B) may be met by
12 experience away from a postsecondary educational
13 institution, but the experience must be certified by an official
14 of that institution as equivalent to a graduate level practicum
15 or internship program.
16 (b) The following may not be used to satisfy the educational
17 requirements under subsection (a):
18 (1) Thesis or dissertation work.
19 (2) Practicums.
20 (3) Internships.
21 (4) Fieldwork.
22 Sec. 5. (a) An individual who applies for a license as an art
23 therapist must have:
24 (1) at least two (2) years of paid or volunteer supervised work
25 experience in the delivery of art therapy services; and
26 (2) supervised work experience conducted according to
27 requirements in subsections (b) through (g).
28 (b) An individual who applies for a license as an art therapist
29 must have:
30 (1) at least three thousand (3,000) hours of postgraduate work
31 experience in a clinical setting under supervision of a qualified
32 supervisor;
33 (2) at least one thousand (1,000) hours of contact with clients;
34 and
35 (3) at least one hundred (100) hours of face-to-face supervised
36 training with a qualified supervisor.
37 (c) A qualified supervisor may be a licensed art therapist, a
38 board certified art therapist, or other licensed mental health
39 professional who has met standards for supervision specified in
40 rules approved by the board.
41 (d) A qualified supervisor must observe the successful
42 application of art therapy knowledge, skills, and values in the
2022 IN 1239—LS 6861/DI 77 15
1 diagnosis and treatment of psychological function, disability, or
2 impairment.
3 (e) Except as provided in subsection (f), the work experience
4 requirement may be met by work performed either at the premises
5 of the supervisor or away from the premises of the supervisor.
6 (f) The work experience requirement may not be performed
7 away from the premises of the supervisor if:
8 (1) the work premises is the independent private practice of a
9 licensed art therapist; and
10 (2) the work is not performed at a place that has the
11 supervision of a licensed art therapist or qualified supervisor.
12 (g) A doctoral internship may be applied toward the supervised
13 work experience requirement.
14 Sec. 6. An individual who satisfies the requirements of section
15 1(a)(1) through 1(a)(5) of this chapter may take the examination
16 provided by the board.
17 Sec. 7. The board shall provide for examinations to be given at
18 least once each year at times and places established by the board.
19 Sec. 8. (a) The board shall issue an art therapist license to an
20 applicant under section 1 of this chapter who:
21 (1) achieves a passing score on the examination under this
22 chapter; and
23 (2) is otherwise qualified under this chapter.
24 (b) The board shall issue an art therapist associate license to an
25 applicant under section 2 of this chapter who is otherwise qualified
26 under this chapter.
27 (c) A person issued a license under this section may engage in
28 the practice of art therapy.
29 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
30 issued by the board is valid for the remainder of the renewal
31 period in effect on the date the license was issued.
32 (b) An individual may renew an art therapist license by:
33 (1) paying a renewal fee on or before the expiration date of
34 the license; and
35 (2) completing at least twenty (20) hours of continuing
36 education each licensure year.
37 (c) If an individual fails to pay a renewal fee on or before the
38 expiration of a license, the license becomes invalid.
39 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
40 license issued by the board is valid for the remainder of the
41 renewal period in effect on the date the license was issued.
42 (b) An individual may renew an art therapist associate license
2022 IN 1239—LS 6861/DI 77 16
1 two (2) times by paying a renewal fee on or before the expiration
2 date of the license.
3 (c) If an individual fails to pay a renewal fee on or before the
4 expiration of a license, the license is invalid.
5 (d) The board may renew an art therapist associate license for
6 additional periods at the board's discretion.
7 (e) An art therapist associate license expires when:
8 (1) the individual is issued an art therapist license under this
9 chapter;
10 (2) the board denies the individual's application for an art
11 therapist license under this chapter; or
12 (3) the individual fails to apply for renewal of the art therapist
13 associate license under this chapter.
14 Sec. 11. (a) The board may reinstate an invalid art therapist
15 license issued under section 9 of this chapter up to three (3) years
16 after the expiration date of the license if the individual holding the
17 invalid license meets the requirements under IC 25-1-8-6.
18 (b) If more than three (3) years have elapsed since the date an
19 art therapist license expired, the individual holding the license may
20 renew the license by satisfying the requirements for renewal
21 established by the board and meeting the requirements under
22 IC 25-1-8-6.
23 (c) The board may reinstate an invalid art therapist associate
24 license issued under section 10 of this chapter up to one (1) year
25 after the expiration date of the license if the individual holding the
26 invalid license meets the requirements under IC 25-1-8-6. An art
27 therapist associate license that has been expired for more than one
28 (1) year may not be reinstated under IC 25-1-8-6.
29 Sec. 12. The board shall issue an art therapist license to an
30 individual if the individual:
31 (1) has a valid license or certificate to practice art therapy
32 from another state or jurisdiction;
33 (2) has engaged in at least three (3) years of full-time,
34 postdegree practice of art therapy, or its equivalent in
35 part-time practice as determined by the board;
36 (3) has passed an examination substantially equivalent to the
37 examination provided by the board under this chapter;
38 (4) has not been the subject of a disciplinary action by a
39 licensing or certification agency of another state or
40 jurisdiction prohibiting the individual from practicing as an
41 art therapist or art therapist associate without endangering
42 the public; and
2022 IN 1239—LS 6861/DI 77 17
1 (5) has paid a fee established by the board.
2 Sec. 13. (a) An individual who has an art therapist license under
3 this chapter shall notify the board in writing when the individual
4 retires from practice.
5 (b) Upon receipt of the notice, the board shall:
6 (1) record the individual as retired;
7 (2) release the individual from further payment of renewal
8 fees; and
9 (3) release the individual from further continuing education
10 requirements.
11 Sec. 14. The board may waive the requirements of section
12 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy license
13 to an individual who furnishes satisfactory evidence to the board
14 that the individual:
15 (1) is a resident of Indiana;
16 (2) holds a credential in good standing as a board certified art
17 therapist with the Art Therapy Credentials Board;
18 (3) has at least three (3) years of full-time, postdegree practice
19 of art therapy, or its equivalent in part-time practice prior to
20 submitting an application to the board;
21 (4) does not have a conviction for a crime that has a direct
22 bearing on the individual's ability to practice competently;
23 (5) has not been the subject of a disciplinary action by a
24 licensing or certification agency of another state or
25 jurisdiction prohibiting the individual from practicing as an
26 art therapist or art therapist associate without endangering
27 the public; and
28 (6) has paid the fee established by the board.
29 SECTION 18. IC 25-23.6-12 IS ADDED TO THE INDIANA
30 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2022]:
32 Chapter 12. Music Therapists; Licensure; Examinations
33 Sec. 1. An individual who applies for a license as a music
34 therapist must meet the following requirements:
35 (1) Furnish satisfactory evidence to the board that the
36 individual has received a baccalaureate or higher degree in
37 music therapy or in a related area as determined by the board
38 from:
39 (A) an accredited postsecondary educational institution; or
40 (B) a foreign school that has a program of study;
41 that meets the requirements under section 2 of this chapter or
42 has been approved by the board or the American Music
2022 IN 1239—LS 6861/DI 77 18
1 Therapy Association or its successor organization.
2 (2) Furnish satisfactory evidence to the board that the
3 individual does not have a:
4 (A) conviction for a crime of violence (as defined in
5 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
6 (B) conviction in the previous two (2) years that has a
7 direct bearing on the individual's ability to practice
8 competently.
9 (3) Furnish satisfactory evidence to the board that the
10 individual has not been the subject of a disciplinary action by
11 a licensing or certification agency of another state or
12 jurisdiction on the grounds that the individual was not able to
13 practice as a music therapist without endangering the public.
14 (4) Pass an examination provided by the Certification Board
15 for Music Therapists or its successor organization.
16 (5) Pay the fee established by the board.
17 Sec. 2. An applicant under section 1 of this chapter must have
18 a baccalaureate or higher degree in music therapy or in a related
19 area as determined by the board from an eligible postsecondary
20 educational institution that meets the following requirements:
21 (1) If the institution is located in the United States or a
22 territory of the United States, at the time of the applicant's
23 graduation the institution was accredited by a regional
24 accrediting body recognized by the Commission on
25 Recognition of Postsecondary Accreditation.
26 (2) If the institution is located in Canada, at the time of the
27 applicant's graduation the institution was a member in good
28 standing with the Association of Universities and Colleges of
29 Canada.
30 (3) If the institution is located in a foreign country other than
31 Canada, at the time of the applicant's graduation the
32 institution:
33 (A) was recognized by the government of the country
34 where the school was located as a program to train in the
35 practice of music therapy; and
36 (B) maintained a standard of training substantially
37 equivalent to the standards of institutions accredited by a
38 regional accrediting body recognized by the Commission
39 on Recognition of Postsecondary Accreditation.
40 Sec. 3. An individual who applies for music therapist licensure
41 under this article may be exempted by the board from the
42 examination requirement under section 1 of this chapter if the
2022 IN 1239—LS 6861/DI 77 19
1 individual:
2 (1) is licensed or certified as a music therapist in another state
3 or jurisdiction and has passed a licensing or certification
4 examination substantially equivalent to the certification
5 examination required under this chapter;
6 (2) has engaged in the practice of music therapy for at least
7 three (3) of the previous five (5) years;
8 (3) has passed an examination pertaining to the music therapy
9 laws and rules of Indiana; and
10 (4) has not committed any act and is not under investigation
11 for any act that constitutes a violation of this article.
12 Sec. 4. (a) A license issued by the board under this chapter is
13 valid for the remainder of the renewal period in effect on the date
14 the license was issued.
15 (b) An individual may renew license by paying a renewal fee on
16 or before the expiration date of the license.
17 (c) If an individual fails to pay a renewal fee on or before the
18 expiration date of a license, the license is invalid.
19 Sec. 5. (a) The board may reinstate an invalid license up to three
20 (3) years after the expiration date of the license if the individual
21 holding the invalid license meets the requirements under
22 IC 25-1-8-6.
23 (b) If more than three (3) years have elapsed since the date the
24 license expired, the individual holding the license may renew the
25 license by satisfying the requirements for renewal established by
26 the board and meeting the requirements of IC 25-1-8-6.
27 Sec. 6. (a) The board shall exempt an individual from the
28 requirements set forth in this article and grant the individual a
29 music therapy license if the individual meets the following
30 requirements:
31 (1) Holds, before July 1, 2023, a bachelor's degree or higher
32 in music therapy or a related discipline from an eligible
33 postsecondary educational institution.
34 (2) Furnishes satisfactory evidence to the board that the
35 individual does not have a:
36 (A) conviction for a crime of violence (as defined in
37 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
38 (B) conviction in the previous two (2) years that has a
39 direct bearing on the individual's ability to practice
40 competently.
41 (3) Has engaged in the practice of music therapy for at least
42 three (3) years.
2022 IN 1239—LS 6861/DI 77 20
1 (4) Files an initial application to the board before July 1, 2024.
2 (b) This section expires January 1, 2025.
3 Sec. 7. A licensed music therapist may do the following:
4 (1) Accept referrals for music therapy services from medical,
5 developmental, mental health, or education professionals,
6 family members, and client caregivers or others involved and
7 authorized with the provision of client services. However,
8 before engaging in the practice of music therapy with:
9 (A) a client for an identified clinical or developmental
10 need, the music therapist shall review with the health care
11 provider involved in the client's care the client's diagnosis,
12 treatment needs, and treatment plan; and
13 (B) if a client is a primary or secondary school student who
14 is referred for an identified educational need, the music
15 therapist shall review with the individualized family
16 service plan or individual education plan team concerning
17 the student's diagnosis, treatment needs, and treatment
18 plan.
19 (2) Conduct a music therapy assessment of a client to
20 determine if music therapy treatment is indicated. If
21 treatment is indicated, the music therapist shall collect
22 systematic, comprehensive, and accurate information to
23 determine the appropriateness and type of music therapy
24 services to provide for the client.
25 (3) Develop an individualized music therapy treatment plan
26 for the client that is based upon the results of the music
27 therapy assessment. The music therapy treatment plan must
28 include individualized goals and objectives that focus on the
29 assessed needs and strengths of the client and specify music
30 therapy approaches and interventions to be used to address
31 these goals and objectives.
32 (4) Implement an individualized music therapy treatment plan
33 that is consistent with any other developmental, rehabilitative,
34 habilitative, medical, mental health, preventive, wellness care,
35 or educational services being provided to the client. When
36 providing educational or health care services, a music
37 therapist may not replace the services provided by an
38 audiologist or a speech-language pathologist.
39 (5) Evaluate the client's response to music therapy and the
40 music therapy treatment plan, that includes documenting the
41 change and progress of the client and suggesting
42 modifications, as appropriate.
2022 IN 1239—LS 6861/DI 77 21
1 (6) Develop a plan for determining when the provision of
2 music therapy is no longer needed in collaboration with the
3 client, physician, or other health care or educational provider
4 of the client, family members of the client, and any other
5 appropriate person upon whom the client relies for support.
6 (7) Minimize any barriers to ensure that the client receives
7 music therapy in the least restrictive environment.
8 (8) Collaborate with and educate the client, the client's family,
9 caregiver, and any other appropriate person regarding the
10 needs of the client that are being addressed in music therapy
11 and the manner in which the music therapy treatment
12 addresses those needs.
13 (9) Use appropriate knowledge and skills to provide an
14 informed practice, including use of research, reasoning, and
15 problem solving skills to determine appropriate actions in the
16 context of each specific clinical setting.
17 (10) Provide music therapy to the client in an individual or
18 group setting.
19 (11) Provide music therapy that includes music improvisation,
20 receptive music listening, song writing, lyric discussion, music
21 and imagery, singing, music performance, learning through
22 music, music combined with other arts, music assisted
23 relaxation, music based patient education, electronic music
24 technology, adapted music intervention, and movement to
25 music.
26 Sec. 8. A licensed music therapist shall do the following:
27 (1) When engaging in the practice of music therapy with a
28 client, the music therapist shall collaborate, as applicable,
29 with the client's treatment team, including a physician,
30 psychologist, licensed social worker or clinical social worker,
31 or other mental health professional.
32 (2) When engaging in the practice of music therapy with a
33 client who has a communication disorder, the music therapist
34 shall collaborate and discuss the music therapy treatment
35 plan with the client's audiologist or speech-language
36 pathologist.
37 SECTION 19. IC 25-23.6-13 IS ADDED TO THE INDIANA
38 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2022]:
40 Chapter 13. Music Therapist; Unlawful Practices; Penalty
41 Sec. 1. Beginning July 1, 2023, an individual may not:
42 (1) profess to be a licensed music therapist;
2022 IN 1239—LS 6861/DI 77 22
1 (2) use the title:
2 (A) "licensed music therapist"; or
3 (B) "music therapist"; or
4 (3) use any other words indicating or implying that the
5 individual is a licensed music therapist;
6 unless the individual is licensed under this article.
7 Sec. 2. This article may not be construed to limit music therapy
8 services performed by a person who does not use a title specified in
9 this chapter and who is any of the following:
10 (1) A licensed, certified, or registered health care professional,
11 counselor, or educational professional acting within the scope
12 of the person's license, certificate, or registration.
13 (2) A student, an intern, or a trainee pursuing a course of
14 study in a health care profession, counseling, or education or
15 a course of study to gain licensure under this article.
16 (3) A nonresident of Indiana if the person performs music
17 therapy in Indiana for not more than:
18 (A) five (5) days in any one (1) month; or
19 (B) fifteen (15) days in any one (1) calendar year;
20 and the person is authorized to perform such services under
21 the laws of the state or country in which the person resides.
22 (4) A person who performs music therapy under the
23 supervision of a music therapist.
24 Sec. 3. An individual who knowingly and intentionally violates
25 this chapter after July 1, 2023, commits a Class A misdemeanor.
26 SECTION 20. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
27 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2022]: Sec. 1. The privileged communication between:
29 (1) a husband and wife;
30 (2) a health care provider and the health care provider's patient;
31 (3) a:
32 (A) licensed social worker;
33 (B) licensed clinical social worker;
34 (C) licensed marriage and family therapist;
35 (D) licensed mental health counselor;
36 (E) licensed addiction counselor; or
37 (F) licensed clinical addiction counselor;
38 (G) licensed music therapist; or
39 (H) licensed art therapist;
40 and a client of any of the professionals described in clauses (A)
41 through (F); (H);
42 (4) a school counselor and a student; or
2022 IN 1239—LS 6861/DI 77 23
1 (5) a school psychologist and a student;
2 is not a ground for excluding evidence in any judicial proceeding
3 resulting from a report of a child who may be a victim of child abuse
4 or neglect or relating to the subject matter of the report or failing to
5 report as required by IC 31-33.
6 SECTION 21. IC 35-52-25-31.2 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2022]: Sec. 31.2. IC 25-23.6-4.7-5 defines a
9 crime concerning unlawful practice of art therapy.
10 SECTION 22. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
11 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
13 marriage and family therapists. a description of services an
14 individual performs.
15 SECTION 23. IC 35-52-25-35, AS ADDED BY P.L.169-2014,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 35. IC 25-23.6-11-2 defines a crime concerning
18 marriage and family therapists. the use of a license issued.
19 SECTION 24. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
22 marriage and family therapists. false or forged information or
23 documents.
24 SECTION 25. IC 35-52-25-36.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2022]: Sec. 36.5. IC 25-23.6-13-3 defines a
27 crime concerning unlawful practice of music therapy.
28 SECTION 26. [EFFECTIVE JULY 1, 2022] (a) The definitions in
29 IC 25-23.6-1, as amended by this act, apply throughout this
30 SECTION.
31 (b) Notwithstanding IC 25-23.6-2-2(a)(8) and
32 IC 25-23.6-2-2(a)(9), as amended by this act, before July 1, 2023,
33 a music therapist or art therapist member of the board is not
34 required to be licensed under IC 25-23.6.
35 (c) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
36 the two (2) members initially appointed to the board under
37 IC 25-23.6-2-2(a)(8), as amended by this act, shall be appointed to
38 terms beginning July 1, 2022, as follows:
39 (1) One (1) music therapist shall be appointed to a term of one
40 (1) year by the governor.
41 (2) One (1) music therapist shall be appointed to a term of
42 three (3) years by the governor.
2022 IN 1239—LS 6861/DI 77 24
1 (d) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
2 the two (2) members initially appointed to the board under
3 IC 25-23.6-2-2(a)(9), as amended by this act, shall be appointed to
4 terms beginning July 1, 2022, as follows:
5 (1) One (1) art therapist shall be appointed to a term of two
6 (2) years by the governor.
7 (2) One (1) art therapist shall be appointed to a term of four
8 (4) years by the governor.
9 (e) This SECTION expires July 1, 2025.
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