Indiana 2023 Regular Session

Indiana House Bill HB1101 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. 1101
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, an art therapist, or an art therapist
20	20	associate from using certain titles or certain words in a title. Makes
21	21	technical and conforming changes.
22	22	Effective: July 1, 2023.
23	23	Gore
24	24	January 10, 2023, read first time and referred to Committee on Public Health.
25	25	2023 IN 1101—LS 6472/DI 148 Introduced
26	26	First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
36	36	HOUSE BILL No. 1101
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.180-2022(ss),
41	41	2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	42	3 JULY 1, 2023]: Sec. 1. (a) 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	2023 IN 1101—LS 6472/DI 148 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 12-15-2-13.
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) Donated breast milk that meets requirements developed by
82	82	25 the office of Medicaid policy and planning.
83	83	26 (27) Art therapy provided by an art therapist licensed under
84	84	27 IC 25-23.6-10.8 to an individual who receives:
85	85	28 (A) mental health services under IC 12-17.6-4-2; or
86	86	29 (B) services from a community mental health center under
87	87	30 IC 12-29-2.
88	88	31 (b) The office shall do the following:
89	89	32 (1) Apply to the United States Department of Health and Human
90	90	33 Services for any state plan amendment or waiver necessary to
91	91	34 implement the services or supplies described in subsection
92	92	35 (a)(26).
93	93	36 (2) Develop requirements for donated breast milk as described in
94	94	37 subsection (a)(26).
95	95	38 (3) As soon as practicable, but not later than January 1, 2023, the
96	96	39 office shall:
97	97	40 (A) seek any necessary approval from the United States
98	98	41 Department of Health and Human Services; and
99	99	42 (B) adopt any written policies, procedures, or regulations
100	100	2023 IN 1101—LS 6472/DI 148 3
101	101	1 determined necessary;
102	102	2 to provide reimbursement for long-acting reversible
103	103	3 contraception. This subdivision expires June 30, 2023.
104	104	4 SECTION 2. IC 16-18-2-295, AS AMENDED BY P.L.161-2014,
105	105	5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
106	106	6 JULY 1, 2023]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
107	107	7 has the meaning set forth in IC 16-21-8-0.2.
108	108	8 (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
109	109	9 IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the
110	110	10 following:
111	111	11 (1) An individual (other than an individual who is an employee or
112	112	12 a contractor of a hospital, a facility, or an agency described in
113	113	13 subdivision (2) or (3)) who is licensed, registered, or certified as
114	114	14 a health care professional, including the following:
115	115	15 (A) A physician.
116	116	16 (B) A psychotherapist.
117	117	17 (C) A dentist.
118	118	18 (D) A registered nurse.
119	119	19 (E) A licensed practical nurse.
120	120	20 (F) An optometrist.
121	121	21 (G) A podiatrist.
122	122	22 (H) A chiropractor.
123	123	23 (I) A physical therapist.
124	124	24 (J) A psychologist.
125	125	25 (K) An audiologist.
126	126	26 (L) A speech-language pathologist.
127	127	27 (M) A dietitian.
128	128	28 (N) An occupational therapist.
129	129	29 (O) A respiratory therapist.
130	130	30 (P) A pharmacist.
131	131	31 (Q) A sexual assault nurse examiner.
132	132	32 (R) An art therapist.
133	133	33 (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
134	134	34 described in IC 12-24-1 or IC 12-29.
135	135	35 (3) A health facility licensed under IC 16-28-2.
136	136	36 (4) A home health agency licensed under IC 16-27-1.
137	137	37 (5) An employer of a certified emergency medical technician, a
138	138	38 certified advanced emergency medical technician, or a licensed
139	139	39 paramedic.
140	140	40 (6) The state department or a local health department or an
141	141	41 employee, agent, designee, or contractor of the state department
142	142	42 or local health department.
143	143	2023 IN 1101—LS 6472/DI 148 4
144	144	1 (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
145	145	2 forth in IC 16-39-7-1(a).
146	146	3 (d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
147	147	4 in IC 16-48-1-3.
148	148	5 SECTION 3. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
149	149	6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
150	150	7 JULY 1, 2023]: Sec. 22. IC 25-1-2-2.1 applies to licenses held by
151	151	8 social workers, marriage and family therapists, and mental health
152	152	9 counselors, music therapists, and art therapists.
153	153	10 SECTION 4. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
154	154	11 CODE AS A NEW SECTION TO READ AS FOLLOWS
155	155	12 [EFFECTIVE JULY 1, 2023]: Sec. 1.6. "Art therapist" means an
156	156	13 individual who is licensed under IC 25-23.6-10.8-1.
157	157	14 SECTION 5. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
158	158	15 CODE AS A NEW SECTION TO READ AS FOLLOWS
159	159	16 [EFFECTIVE JULY 1, 2023]: Sec. 1.7. "Art therapist associate"
160	160	17 means an individual who is licensed under IC 25-23.6-10.8-2.
161	161	18 SECTION 6. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
162	162	19 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163	163	20 JULY 1, 2023]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
164	164	21 "counselor" refers to a social worker, a clinical social worker, a
165	165	22 marriage and family therapist, a mental health counselor, an addiction
166	166	23 counselor, or a clinical addiction counselor, a music therapist, an art
167	167	24 therapist, or an art therapist associate who is licensed under this
168	168	25 article.
169	169	26 SECTION 7. IC 25-23.6-1-5.4 IS ADDED TO THE INDIANA
170	170	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
171	171	28 [EFFECTIVE JULY 1, 2023]: Sec. 5.4. "Music therapist" means an
172	172	29 individual who is licensed under IC 25-23.6-12.
173	173	30 SECTION 8. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
174	174	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
175	175	32 [EFFECTIVE JULY 1, 2023]: Sec. 5.8. "Practice of art therapy"
176	176	33 means the application of art, art media, and the creative process in
177	177	34 the education, assessment, prevention, treatment, and amelioration
178	178	35 of cognitive, physical, developmental, and behavioral conditions
179	179	36 and disabilities. The term includes the:
180	180	37 (1) use of art creation to assess a client's issues with the goal
181	181	38 of improving physical, psychological, and emotional
182	182	39 functioning and well-being;
183	183	40 (2) employment of art based techniques to:
184	184	41 (A) assess levels of functioning;
185	185	42 (B) determine treatment goals; and
186	186	2023 IN 1101—LS 6472/DI 148 5
187	187	1 (C) implement appropriate interventions;
188	188	2 to treat a client;
189	189	3 (3) use of therapeutic interventions to facilitate alternative
190	190	4 modes of receptive and expressive communication and
191	191	5 engagement;
192	192	6 (4) use of art to help clients:
193	193	7 (A) improve cognitive and sensory motor functions;
194	194	8 (B) reduce symptoms of depression, anxiety, posttraumatic
195	195	9 stress, and attachment disorders;
196	196	10 (C) resolve conflicts and distress;
197	197	11 (D) develop interpersonal skills;
198	198	12 (E) manage behavior;
199	199	13 (F) improve social functioning; and
200	200	14 (G) achieve self-esteem and self-awareness;
201	201	15 (5) adjustment of techniques and treatments to address
202	202	16 multicultural and diversity issues; and
203	203	17 (6) provision of:
204	204	18 (A) consultation;
205	205	19 (B) referral;
206	206	20 (C) crisis intervention;
207	207	21 (D) client advocacy; and
208	208	22 (E) education;
209	209	23 services to clients.
210	210	24 SECTION 9. IC 25-23.6-1-7.7 IS ADDED TO THE INDIANA
211	211	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
212	212	26 [EFFECTIVE JULY 1, 2023]: Sec. 7.7. (a) "Practice of music
213	213	27 therapy" means providing professional services that are delivered
214	214	28 by a music therapist, that use clinical and evidence based music
215	215	29 interventions to accomplish individualized goals for clients of any
216	216	30 age or ability level within a therapeutic relationship, and that
217	217	31 include the following:
218	218	32 (1) Developing individualized music therapy treatment plans
219	219	33 specific to the needs and strengths of each client.
220	220	34 (2) Establishing goals, objectives, and potential strategies of
221	221	35 the music therapy services that are appropriate for the client
222	222	36 and setting.
223	223	37 (b) The term does not include the screening, diagnosis, or
224	224	38 assessment of any physical, mental, or communication disorder.
225	225	39 SECTION 10. IC 25-23.6-2-2, AS AMENDED BY THE
226	226	40 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
227	227	41 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
228	228	42 JULY 1, 2023]: Sec. 2. (a) The board consists of ten (10) fifteen (15)
229	229	2023 IN 1101—LS 6472/DI 148 6
230	230	1 members appointed by the governor. Subject to IC 25-1-6.5-3, the
231	231	2 board must include the following:
232	232	3 (1) Two (2) marriage and family therapists who:
233	233	4 (A) have at least a master's degree in marriage and family
234	234	5 therapy or a related field from an eligible postsecondary
235	235	6 educational institution;
236	236	7 (B) are licensed under this chapter; article; and
237	237	8 (C) have five (5) years of experience in marriage and family
238	238	9 therapy.
239	239	10 (2) One (1) social worker who:
240	240	11 (A) has at least a master's degree in social work from an
241	241	12 eligible postsecondary educational institution accredited by the
242	242	13 Council on Social Work Education;
243	243	14 (B) is licensed under this article; and
244	244	15 (C) has at least five (5) years of experience as a social worker.
245	245	16 (3) One (1) social services director of a hospital with a social
246	246	17 work degree who has at least three (3) years of experience in a
247	247	18 hospital setting.
248	248	19 (4) Two (2) mental health counselors who:
249	249	20 (A) have at least a master's degree in mental health counseling;
250	250	21 (B) are licensed under this article; and
251	251	22 (C) have at least five (5) years of experience as a mental health
252	252	23 counselor.
253	253	24 (5) One (1) consumer Two (2) consumers who has have never
254	254	25 been credentialed under this article.
255	255	26 (6) One (1) physician licensed under IC 25-22.5 who has training
256	256	27 in psychiatric medicine.
257	257	28 (7) Two (2) licensed clinical addiction counselors who:
258	258	29 (A) are licensed under IC 25-23.6-10.5; and
259	259	30 (B) have at least five (5) years of experience in clinical
260	260	31 addiction counseling.
261	261	32 (8) Two (2) music therapists who:
262	262	33 (A) are licensed under this article; and
263	263	34 (B) have at least five (5) years of experience in music
264	264	35 therapy.
265	265	36 (9) Two (2) art therapists who:
266	266	37 (A) have at least a master's degree in art therapy;
267	267	38 (B) are licensed under this article; and
268	268	39 (C) have at least five (5) years of experience as an art
269	269	40 therapist.
270	270	41 (b) Not more than six (6) eight (8) members of the board may be
271	271	42 from the same political party.
272	272	2023 IN 1101—LS 6472/DI 148 7
273	273	1 (c) A member appointed
274	274	2 (1) before July 1, 2019, serves a three (3) year term; and
275	275	3 (2) after June 30, 2019, under this chapter serves a term as
276	276	4 provided under IC 25-1-6.5.
277	277	5 SECTION 11. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
278	278	6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
279	279	7 JULY 1, 2023]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
280	280	8 establishing standards for the following:
281	281	9 (1) The competent practice of marriage and family therapy,
282	282	10 bachelor's degree social work, social work, clinical social work,
283	283	11 mental health counseling, addiction counseling, and clinical
284	284	12 addiction counseling, music therapy, and art therapy.
285	285	13 (2) The renewal of licenses issued under this article.
286	286	14 (3) Standards for the administration of this article.
287	287	15 (4) Continuing education requirements for an individual seeking
288	288	16 renewal of licensure as a bachelor's degree social worker, social
289	289	17 worker, clinical social worker, or marriage and family therapist,
290	290	18 music therapist, art therapist, or art therapist associate.
291	291	19 (5) The retention of patient records and reports by a counselor.
292	292	20 (6) The approval of continuing education providers, programs,
293	293	21 courses, fees, and proof of course completion.
294	294	22 (b) The board shall establish fees under IC 25-1-8-2.
295	295	23 (c) The board shall do the following:
296	296	24 (1) Consider the qualifications of individuals who apply for a
297	297	25 license under this article.
298	298	26 (2) Provide for examinations required under this article.
299	299	27 (3) Subject to IC 25-1-8-6, renew licenses under this article.
300	300	28 (4) Conduct proceedings under IC 25-1-9.
301	301	29 SECTION 12. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
302	302	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
303	303	31 [EFFECTIVE JULY 1, 2023]: Sec. 9.7. (a) The art therapist section
304	304	32 of the board is established. The section consists of the following:
305	305	33 (1) Two (2) art therapist members of the board.
306	306	34 (2) Two (2) consumer members of the board.
307	307	35 (3) One (1) physician member of the board.
308	308	36 (b) Three (3) members of the art therapist section, two (2) of
309	309	37 whom must be art therapists, constitute a quorum.
310	310	38 SECTION 13. IC 25-23.6-2-10.7 IS ADDED TO THE INDIANA
311	311	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
312	312	40 [EFFECTIVE JULY 1, 2023]: Sec. 10.7. (a) The music therapist
313	313	41 section of the board is established. The section consists of the
314	314	42 following:
315	315	2023 IN 1101—LS 6472/DI 148 8
316	316	1 (1) Two (2) licensed music therapist members of the board.
317	317	2 (2) Two (2) consumer members of the board.
318	318	3 (3) One (1) physician member of the board.
319	319	4 (b) Three (3) members of the music therapist section, two (2) of
320	320	5 whom must be music therapists, constitute a quorum.
321	321	6 SECTION 14. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
322	322	7 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
323	323	8 JULY 1, 2023]: Sec. 11. The social worker, marriage and family
324	324	9 therapist, mental health counselor, and addiction counselor, music
325	325	10 therapist, and art therapist sections of the board shall do the
326	326	11 following:
327	327	12 (1) Approve continuing education courses authorized under this
328	328	13 article.
329	329	14 (2) Propose rules to the board concerning the practice of the
330	330	15 profession regulated by each section.
331	331	16 (3) Other duties as directed by the board.
332	332	17 SECTION 15. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
333	333	18 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
334	334	19 [EFFECTIVE JULY 1, 2023]:
335	335	20 Chapter 4.7. Art Therapists; Unlawful Practices
336	336	21 Sec. 1. This chapter applies after December 31, 2023.
337	337	22 Sec. 2. (a) An individual may not:
338	338	23 (1) profess to be a licensed art therapist;
339	339	24 (2) use the title:
340	340	25 (A) "licensed art therapist"; or
341	341	26 (B) "art therapist"; or
342	342	27 (3) use any other words, letters, abbreviations, or insignia
343	343	28 indicating or implying that the individual is a licensed art
344	344	29 therapist;
345	345	30 unless the individual is licensed under this article.
346	346	31 (b) An individual may not:
347	347	32 (1) profess to be a licensed art therapist associate;
348	348	33 (2) use the title:
349	349	34 (A) "licensed art therapist associate"; or
350	350	35 (B) "art therapist associate"; or
351	351	36 (3) use any other words, letters, abbreviations, or insignia
352	352	37 indicating or implying that the individual is a licensed art
353	353	38 therapist associate;
354	354	39 unless the individual is licensed under this article.
355	355	40 Sec. 3. (a) This article may not be construed to limit the practice
356	356	41 of art therapy performed by a person who does not use a title
357	357	42 specified in this chapter and who is any of the following:
358	358	2023 IN 1101—LS 6472/DI 148 9
359	359	1 (1) A student, an intern, or a trainee pursuing a course of
360	360	2 study in art therapy to gain licensure under this article in an
361	361	3 accredited postsecondary educational institution if:
362	362	4 (A) the services are performed under qualified supervision
363	363	5 and constitute a part of the individual's supervised course
364	364	6 of study or other level of supervision; and
365	365	7 (B) the student or graduate uses a title that contains the
366	366	8 term "student", "intern", or "trainee".
367	367	9 (2) Not a resident of Indiana if the individual performed the
368	368	10 services in Indiana for not more than five (5) days in any one
369	369	11 (1) month or fifteen (15) days within any one (1) calendar year
370	370	12 and the person is authorized to perform such services under
371	371	13 the laws of the state or country in which the individual
372	372	14 resides.
373	373	15 (3) A rabbi, priest, Christian Science practitioner, minister, or
374	374	16 other member of the clergy.
375	375	17 (4) An employee or a volunteer for an organization
376	376	18 performing charitable, religious, or educational functions,
377	377	19 providing pastoral counseling, or providing other assistance.
378	378	20 (5) An individual who is licensed or certified by a state or
379	379	21 national organization that is recognized by the division of
380	380	22 mental health and addiction and who provides services in the
381	381	23 areas of alcohol or drug abuse addiction.
382	382	24 (6) A governmental employee who remains in the same job
383	383	25 classification or job family of that job classification.
384	384	26 (b) This article may not be construed to prohibit or limit any
385	385	27 service or treatment that involves the use of art or art media by a
386	386	28 licensed health care professional who:
387	387	29 (1) is acting within the scope of the person's license; and
388	388	30 (2) does not use a title specified in this article.
389	389	31 (c) Nothing in this section prohibits a person referred to in
390	390	32 subsection (a) from qualifying for licensure under this article.
391	391	33 Sec. 4. (a) An individual who is licensed as an art therapist shall:
392	392	34 (1) display the license or a clear copy of the license at each
393	393	35 location where the art therapist regularly practices; and
394	394	36 (2) include the words "art therapist" or the letters "AT" on
395	395	37 all promotional materials, including business cards,
396	396	38 brochures, stationery, advertisements, and signs that name
397	397	39 the individual.
398	398	40 (b) An individual who is licensed as an art therapist associate
399	399	41 shall:
400	400	42 (1) display the license or a clear copy of the license at each
401	401	2023 IN 1101—LS 6472/DI 148 10
402	402	1 location where the art therapist associate regularly practices;
403	403	2 and
404	404	3 (2) include the words "art therapist associate" or the letters
405	405	4 "ATA" on all promotional materials, including business
406	406	5 cards, brochures, stationery, advertisements, and signs that
407	407	6 name the individual.
408	408	7 Sec. 5. An individual who knowingly or intentionally violates
409	409	8 this chapter after December 31, 2023, commits a Class A
410	410	9 misdemeanor.
411	411	10 SECTION 16. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
412	412	11 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
413	413	12 JULY 1, 2023]: Sec. 2. (a) This article may not be construed to limit
414	414	13 addiction counselor or clinical addiction counselor services performed
415	415	14 by a person who does not use a title specified in this article and who is
416	416	15 any of the following:
417	417	16 (1) A licensed or certified health care professional acting within
418	418	17 the scope of the person's license or certificate, including: a:
419	419	18 (A) a social worker licensed under this article;
420	420	19 (B) a clinical social worker licensed under this article;
421	421	20 (C) a marriage and family therapist licensed under this article;
422	422	21 (D) a mental health counselor licensed under this article;
423	423	22 (E) a psychologist licensed under IC 25-33;
424	424	23 (F) a physician licensed under IC 25-22.5; or
425	425	24 (G) a nurse licensed under IC 25-23;
426	426	25 (H) an art therapist or art therapist associate licensed
427	427	26 under this article; or
428	428	27 (I) a music therapist licensed under this article;
429	429	28 and who has training and experience in addiction counseling.
430	430	29 (2) A student, an intern, or a trainee pursuing a course of study in
431	431	30 medicine or psychology or a course of study to gain licensure
432	432	31 under this article as follows:
433	433	32 (A) In an accredited eligible postsecondary educational
434	434	33 institution or training institution recognized by the Council for
435	435	34 Higher Education Accreditation (CHEA) for undergraduate
436	436	35 and graduate institutions. Accreditation by the Council for
437	437	36 Accreditation of Counseling and Related Educational
438	438	37 Programs or a substantially equivalent accreditation program
439	439	38 approved by the board is required for graduate institutions.
440	440	39 (B) Through a National Association of Alcohol and Drug
441	441	40 Abuse Counselors approved academic education provider; or
442	442	41 (C) By a graduate accumulating experience required for
443	443	42 licensure if:
444	444	2023 IN 1101—LS 6472/DI 148 11
445	445	1 (i) the services are performed under qualified supervision
446	446	2 and constitute a part of the person's supervised course of
447	447	3 study or other level of supervision; and
448	448	4 (ii) the student or graduate uses a title that contains the term
449	449	5 "intern", "student", or "trainee".
450	450	6 (3) A nonresident of Indiana if the person performs addiction
451	451	7 counseling or therapy in Indiana for not more than:
452	452	8 (A) five (5) days in any one (1) month; or
453	453	9 (B) fifteen (15) days in any one (1) calendar year;
454	454	10 and the person is authorized to perform such services under the
455	455	11 laws of the state or country in which the person resides.
456	456	12 (4) A rabbi, priest, Christian Science practitioner, minister, or
457	457	13 other member of the clergy.
458	458	14 (5) An employee or a volunteer for an organization performing
459	459	15 charitable, religious, or educational functions or providing
460	460	16 pastoral counseling or other assistance.
461	461	17 (6) A person who provides school counseling.
462	462	18 (7) A governmental employee who remains in the same job
463	463	19 classification or job family of that job classification.
464	464	20 (8) An employee of a court alcohol and drug program, a drug
465	465	21 court, or a reentry court certified by the office of judicial
466	466	22 administration when performing assigned job duties.
467	467	23 (9) A probation officer when performing assigned job duties.
468	468	24 (b) This section does not prohibit a person referred to in subsection
469	469	25 (a) from qualifying for licensure under this article.
470	470	26 SECTION 17. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
471	471	27 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
472	472	28 [EFFECTIVE JULY 1, 2023]:
473	473	29 Chapter 10.8. Art Therapist Licensure
474	474	30 Sec. 1. (a) An individual who applies to be licensed as an art
475	475	31 therapist must furnish satisfactory evidence to the board that the
476	476	32 individual:
477	477	33 (1) has received:
478	478	34 (A) a master's or doctoral degree from an accredited
479	479	35 postsecondary educational institution in a program in art
480	480	36 therapy, or a related field as approved by the board, that:
481	481	37 (i) is approved by the American Art Therapy Association
482	482	38 or accredited by the Commission on Accreditation of
483	483	39 Allied Health Education Programs; or
484	484	40 (ii) is determined by the board to be substantially
485	485	41 equivalent to an approved or accredited program in art
486	486	42 therapy under sections 3 and 4 of this chapter; or
487	487	2023 IN 1101—LS 6472/DI 148 12
488	488	1 (B) at least a master's degree from an accredited
489	489	2 postsecondary educational institution in a program or
490	490	3 course of study that:
491	491	4 (i) is determined by the board to meet the educational
492	492	5 requirements under sections 3 and 4 of this chapter; or
493	493	6 (ii) has been accepted by the Art Therapy Credentials
494	494	7 Board, Inc., or a successor organization, as meeting the
495	495	8 educational requirements to qualify an individual for a
496	496	9 credential as a registered art therapist;
497	497	10 (2) has met the work experience requirements under section
498	498	11 5 of this chapter;
499	499	12 (3) has not been convicted of a crime that has a direct bearing
500	500	13 on the individual's ability to practice competently;
501	501	14 (4) has not been the subject of a disciplinary action by a
502	502	15 licensing or certification agency of another state or
503	503	16 jurisdiction prohibiting the individual from practicing as an
504	504	17 art therapist or art therapist associate;
505	505	18 (5) pays the fee established by the board; and
506	506	19 (6) has passed an examination provided by the board.
507	507	20 (b) An individual who applies to be licensed as an art therapist
508	508	21 under this section, except as provided in section 14 of this chapter,
509	509	22 must furnish satisfactory evidence to the board that the individual:
510	510	23 (1) holds a valid art therapist associate license issued under
511	511	24 section 2 of this chapter and has met the work experience
512	512	25 requirements under section 5 of this chapter;
513	513	26 (2) has met the work experience requirements under section
514	514	27 5 of this chapter in another state or jurisdiction; or
515	515	28 (3) is licensed or certified to practice as an art therapist in
516	516	29 another state or jurisdiction under section 12 of this chapter.
517	517	30 Sec. 2. (a) An individual who applies to be licensed as an art
518	518	31 therapist associate must furnish satisfactory evidence to the board
519	519	32 that the individual has:
520	520	33 (1) received a master's or doctoral degree in art therapy that
521	521	34 meets the requirements under section 1(a)(1) of this chapter;
522	522	35 (2) not been convicted of a crime that has a direct bearing on
523	523	36 the individual's ability to practice competently;
524	524	37 (3) not been the subject of a disciplinary action by a licensing
525	525	38 or certification agency of another state or jurisdiction
526	526	39 prohibiting the individual from practicing as an art therapist
527	527	40 or art therapist associate; and
528	528	41 (4) paid a fee established by the board.
529	529	42 (b) The board may require an individual who applies to be
530	530	2023 IN 1101—LS 6472/DI 148 13
531	531	1 licensed as an art therapist associate to pass an examination
532	532	2 administered by an entity approved by the board.
533	533	3 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
534	534	4 of this chapter, an individual who applies for a license as an art
535	535	5 therapist or as an art therapist associate must have:
536	536	6 (1) received a master's or doctoral degree that meets the
537	537	7 educational requirements for licensure under section 1(a) of
538	538	8 this chapter; and
539	539	9 (2) attended an eligible postsecondary educational institution
540	540	10 that meets the following requirements:
541	541	11 (A) If the institution is located in the United States or a
542	542	12 territory of the United States, the institution must be
543	543	13 accredited by a regional accrediting body recognized by
544	544	14 the Council for Higher Education Accreditation.
545	545	15 (B) If the institution is located in Canada, the institution
546	546	16 must be a member in good standing with the Association of
547	547	17 Universities and Colleges of Canada.
548	548	18 (C) If the institution is located in a foreign country other
549	549	19 than Canada, the institution must:
550	550	20 (i) be recognized as a program to train in the practice of
551	551	21 mental health counseling or psychotherapy; and
552	552	22 (ii) have maintained a standard of training that is
553	553	23 substantially equivalent to the standards of institutions
554	554	24 accredited by a regional accrediting body recognized by
555	555	25 the Council for Higher Education Accreditation.
556	556	26 (b) An individual who applies to be licensed as an art therapist
557	557	27 under section 1 of this chapter or as an art therapist associate
558	558	28 under section 2 of this chapter and who has a master's or doctoral
559	559	29 degree from a program that did not emphasize art therapy may
560	560	30 complete the course work requirements from an institution:
561	561	31 (1) with a program in art therapy accredited by the
562	562	32 Commission on Accreditation of Allied Health Education
563	563	33 Programs; or
564	564	34 (2) that is accredited by a regional accrediting body
565	565	35 recognized by the Council for Higher Education
566	566	36 Accreditation, as approved by the board.
567	567	37 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
568	568	38 of this chapter, the board may determine that an individual's
569	569	39 graduate level education program or course of study is
570	570	40 substantially equivalent to an approved or accredited program in
571	571	41 art therapy if the individual has completed the following
572	572	42 requirements:
573	573	2023 IN 1101—LS 6472/DI 148 14
574	574	1 (1) Except as provided in subsection (b), qualifying course
575	575	2 work that must include graduate level course credits in at
576	576	3 least the following content areas:
577	577	4 (A) Application of art therapy with people in different
578	578	5 treatment settings.
579	579	6 (B) Art therapy assessment.
580	580	7 (C) Counseling or psychological theories.
581	581	8 (D) Ethical and legal issues of art therapy practice.
582	582	9 (E) Group art therapy.
583	583	10 (F) History of art therapy.
584	584	11 (G) Human growth and development.
585	585	12 (H) Matters of cultural and social diversity bearing on the
586	586	13 practice of art therapy.
587	587	14 (I) Psychological assessment.
588	588	15 (J) Psychopathology or abnormal psychology.
589	589	16 (K) Research.
590	590	17 (L) Standards of good art therapy practice.
591	591	18 (M) Techniques of practice in art therapy.
592	592	19 (N) Theory of art therapy.
593	593	20 The content areas may be combined into any one (1) graduate
594	594	21 level course if the applicant can prove that the course
595	595	22 included instruction in all cognitive, psychomotor, and
596	596	23 behavior competencies required in the content area for
597	597	24 competent entry level practice of art therapy.
598	598	25 (2) At least one (1):
599	599	26 (A) supervised clinical practicum of at least one hundred
600	600	27 (100) hours; or
601	601	28 (B) qualifying internship or field experience in an art
602	602	29 therapy setting of at least six hundred (600) hours.
603	603	30 The requirements under clauses (A) and (B) may be met by
604	604	31 experience away from a postsecondary educational
605	605	32 institution, but the experience must be certified by an official
606	606	33 of that institution as equivalent to a graduate level practicum
607	607	34 or internship program.
608	608	35 (b) The following may not be used to satisfy the educational
609	609	36 requirements under subsection (a):
610	610	37 (1) Thesis or dissertation work.
611	611	38 (2) Practicums.
612	612	39 (3) Internships.
613	613	40 (4) Fieldwork.
614	614	41 Sec. 5. (a) An individual who applies for a license as an art
615	615	42 therapist must have:
616	616	2023 IN 1101—LS 6472/DI 148 15
617	617	1 (1) at least two (2) years of paid or volunteer supervised work
618	618	2 experience in the delivery of art therapy services; and
619	619	3 (2) supervised work experience conducted according to
620	620	4 requirements in subsections (b) through (g).
621	621	5 (b) An individual who applies for a license as an art therapist
622	622	6 must have:
623	623	7 (1) at least three thousand (3,000) hours of postgraduate work
624	624	8 experience in a clinical setting under supervision of a qualified
625	625	9 supervisor;
626	626	10 (2) at least one thousand (1,000) hours of contact with clients;
627	627	11 and
628	628	12 (3) at least one hundred (100) hours of face-to-face supervised
629	629	13 training with a qualified supervisor.
630	630	14 (c) A qualified supervisor may be a licensed art therapist, a
631	631	15 board certified art therapist, or other licensed mental health
632	632	16 professional who has met standards for supervision specified in
633	633	17 rules approved by the board.
634	634	18 (d) A qualified supervisor must observe the successful
635	635	19 application of art therapy knowledge, skills, and values in the
636	636	20 diagnosis and treatment of psychological function, disability, or
637	637	21 impairment.
638	638	22 (e) Except as provided in subsection (f), the work experience
639	639	23 requirement may be met by work performed either at the premises
640	640	24 of the supervisor or away from the premises of the supervisor.
641	641	25 (f) The work experience requirement may not be performed
642	642	26 away from the premises of the supervisor if:
643	643	27 (1) the work premises is the independent private practice of a
644	644	28 licensed art therapist; and
645	645	29 (2) the work is not performed at a place that has the
646	646	30 supervision of a licensed art therapist or qualified supervisor.
647	647	31 (g) A doctoral internship may be applied toward the supervised
648	648	32 work experience requirement.
649	649	33 Sec. 6. An individual who satisfies the requirements of section
650	650	34 1(a)(1) through 1(a)(5) of this chapter may take the examination
651	651	35 provided by the board.
652	652	36 Sec. 7. The board shall provide for examinations to be given at
653	653	37 least once each year at times and places established by the board.
654	654	38 Sec. 8. (a) The board shall issue an art therapist license to an
655	655	39 applicant under section 1 of this chapter who:
656	656	40 (1) achieves a passing score on the examination under this
657	657	41 chapter; and
658	658	42 (2) is otherwise qualified under this chapter.
659	659	2023 IN 1101—LS 6472/DI 148 16
660	660	1 (b) The board shall issue an art therapist associate license to an
661	661	2 applicant under section 2 of this chapter who is otherwise qualified
662	662	3 under this chapter.
663	663	4 (c) A person issued a license under this section may engage in
664	664	5 the practice of art therapy.
665	665	6 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
666	666	7 issued by the board is valid for the remainder of the renewal
667	667	8 period in effect on the date the license was issued.
668	668	9 (b) An individual may renew an art therapist license by:
669	669	10 (1) paying a renewal fee on or before the expiration date of
670	670	11 the license; and
671	671	12 (2) completing at least twenty (20) hours of continuing
672	672	13 education each licensure year.
673	673	14 (c) If an individual fails to pay a renewal fee on or before the
674	674	15 expiration date of a license, the license becomes invalid.
675	675	16 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
676	676	17 license issued by the board is valid for the remainder of the
677	677	18 renewal period in effect on the date the license was issued.
678	678	19 (b) An individual may renew an art therapist associate license
679	679	20 two (2) times by paying a renewal fee on or before the expiration
680	680	21 date of the license.
681	681	22 (c) If an individual fails to pay a renewal fee on or before the
682	682	23 expiration date of a license, the license is invalid.
683	683	24 (d) The board may renew an art therapist associate license for
684	684	25 additional periods at the board's discretion.
685	685	26 (e) An art therapist associate license expires when:
686	686	27 (1) the individual is issued an art therapist license under this
687	687	28 chapter;
688	688	29 (2) the board denies the individual's application for an art
689	689	30 therapist license under this chapter; or
690	690	31 (3) the individual fails to apply for renewal of the art therapist
691	691	32 associate license under this chapter.
692	692	33 Sec. 11. (a) The board may reinstate an invalid art therapist
693	693	34 license issued under section 9 of this chapter up to three (3) years
694	694	35 after the expiration date of the license if the individual holding the
695	695	36 invalid license meets the requirements under IC 25-1-8-6.
696	696	37 (b) If more than three (3) years have elapsed since the date an
697	697	38 art therapist license expired, the individual holding the license may
698	698	39 renew the license by satisfying the requirements for renewal
699	699	40 established by the board and meeting the requirements under
700	700	41 IC 25-1-8-6.
701	701	42 (c) The board may reinstate an invalid art therapist associate
702	702	2023 IN 1101—LS 6472/DI 148 17
703	703	1 license issued under section 10 of this chapter up to one (1) year
704	704	2 after the expiration date of the license if the individual holding the
705	705	3 invalid license meets the requirements under IC 25-1-8-6. An art
706	706	4 therapist associate license that has been expired for more than one
707	707	5 (1) year may not be reinstated under IC 25-1-8-6.
708	708	6 Sec. 12. The board shall issue an art therapist license to an
709	709	7 individual if the individual:
710	710	8 (1) has a valid license or certificate to practice art therapy
711	711	9 from another state or jurisdiction;
712	712	10 (2) has engaged in at least three (3) years of full-time,
713	713	11 postdegree practice of art therapy, or its equivalent in
714	714	12 part-time practice as determined by the board;
715	715	13 (3) has passed an examination substantially equivalent to the
716	716	14 examination provided by the board under this chapter;
717	717	15 (4) has not been the subject of a disciplinary action by a
718	718	16 licensing or certification agency of another state or
719	719	17 jurisdiction prohibiting the individual from practicing as an
720	720	18 art therapist or art therapist associate on the grounds that the
721	721	19 individual was not able to practice as an art therapist or art
722	722	20 therapist associate without endangering the public; and
723	723	21 (5) has paid a fee established by the board.
724	724	22 Sec. 13. (a) An individual who has an art therapist license under
725	725	23 this chapter shall notify the board in writing when the individual
726	726	24 retires from practice.
727	727	25 (b) Upon receipt of the notice, the board shall:
728	728	26 (1) record the individual as retired;
729	729	27 (2) release the individual from further payment of renewal
730	730	28 fees; and
731	731	29 (3) release the individual from further continuing education
732	732	30 requirements.
733	733	31 Sec. 14. The board may waive the requirements of section
734	734	32 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy license
735	735	33 to an individual who furnishes satisfactory evidence to the board
736	736	34 that the individual:
737	737	35 (1) is a resident of Indiana;
738	738	36 (2) holds a credential in good standing as a board certified art
739	739	37 therapist with the Art Therapy Credentials Board, Inc.;
740	740	38 (3) has at least three (3) years of full-time, postdegree practice
741	741	39 of art therapy, or its equivalent in part-time practice prior to
742	742	40 submitting an application to the board;
743	743	41 (4) does not have a conviction for a crime that has a direct
744	744	42 bearing on the individual's ability to practice competently;
745	745	2023 IN 1101—LS 6472/DI 148 18
746	746	1 (5) has not been the subject of a disciplinary action by a
747	747	2 licensing or certification agency of another state or
748	748	3 jurisdiction prohibiting the individual from practicing as an
749	749	4 art therapist or art therapist associate on the grounds that the
750	750	5 individual was not able to practice as an art therapist or art
751	751	6 therapist associate without endangering the public; and
752	752	7 (6) has paid the fee established by the board.
753	753	8 SECTION 18. IC 25-23.6-12 IS ADDED TO THE INDIANA
754	754	9 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
755	755	10 [EFFECTIVE JULY 1, 2023]:
756	756	11 Chapter 12. Music Therapists; Licensure; Examinations
757	757	12 Sec. 1. An individual who applies for a license as a music
758	758	13 therapist must meet the following requirements:
759	759	14 (1) Furnish satisfactory evidence to the board that the
760	760	15 individual has received a baccalaureate or higher degree in
761	761	16 music therapy or in a related area as determined by the board
762	762	17 from:
763	763	18 (A) an accredited postsecondary educational institution; or
764	764	19 (B) a foreign school that has a program of study;
765	765	20 that meets the requirements under section 2 of this chapter or
766	766	21 has been approved by the board or the American Music
767	767	22 Therapy Association or its successor organization.
768	768	23 (2) Furnish satisfactory evidence to the board that the
769	769	24 individual does not have a:
770	770	25 (A) conviction for a crime of violence (as defined in
771	771	26 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
772	772	27 (B) conviction in the previous two (2) years that has a
773	773	28 direct bearing on the individual's ability to practice
774	774	29 competently.
775	775	30 (3) Furnish satisfactory evidence to the board that the
776	776	31 individual has not been the subject of a disciplinary action by
777	777	32 a licensing or certification agency of another state or
778	778	33 jurisdiction on the grounds that the individual was not able to
779	779	34 practice as a music therapist without endangering the public.
780	780	35 (4) Pass an examination provided by the Certification Board
781	781	36 for Music Therapists or its successor organization.
782	782	37 (5) Pay the fee established by the board.
783	783	38 Sec. 2. An applicant under section 1 of this chapter must have
784	784	39 a baccalaureate or higher degree in music therapy or in a related
785	785	40 area as determined by the board from an eligible postsecondary
786	786	41 educational institution that meets the following requirements:
787	787	42 (1) If the institution is located in the United States or a
788	788	2023 IN 1101—LS 6472/DI 148 19
789	789	1 territory of the United States, at the time of the applicant's
790	790	2 graduation the institution was accredited by a regional
791	791	3 accrediting body recognized by the Commission on
792	792	4 Recognition of Postsecondary Accreditation.
793	793	5 (2) If the institution is located in Canada, at the time of the
794	794	6 applicant's graduation the institution was a member in good
795	795	7 standing with the Association of Universities and Colleges of
796	796	8 Canada.
797	797	9 (3) If the institution is located in a foreign country other than
798	798	10 Canada, at the time of the applicant's graduation the
799	799	11 institution:
800	800	12 (A) was recognized by the government of the country
801	801	13 where the school was located as a program to train in the
802	802	14 practice of music therapy; and
803	803	15 (B) maintained a standard of training substantially
804	804	16 equivalent to the standards of institutions accredited by a
805	805	17 regional accrediting body recognized by the Commission
806	806	18 on Recognition of Postsecondary Accreditation.
807	807	19 Sec. 3. An individual who applies for music therapist licensure
808	808	20 under this article may be exempted by the board from the
809	809	21 examination requirement under section 1 of this chapter if the
810	810	22 individual:
811	811	23 (1) is licensed or certified as a music therapist in another state
812	812	24 or jurisdiction and has passed a licensing or certification
813	813	25 examination substantially equivalent to the certification
814	814	26 examination required under this chapter;
815	815	27 (2) has engaged in the practice of music therapy for at least
816	816	28 three (3) of the previous five (5) years;
817	817	29 (3) has passed an examination pertaining to the music therapy
818	818	30 laws and rules of Indiana; and
819	819	31 (4) has not committed any act and is not under investigation
820	820	32 for any act that constitutes a violation of this article.
821	821	33 Sec. 4. (a) A license issued by the board under this chapter is
822	822	34 valid for the remainder of the renewal period in effect on the date
823	823	35 the license was issued.
824	824	36 (b) An individual may renew a license by paying a renewal fee
825	825	37 on or before the expiration date of the license.
826	826	38 (c) If an individual fails to pay a renewal fee on or before the
827	827	39 expiration date of a license, the license is invalid.
828	828	40 Sec. 5. (a) The board may reinstate an invalid license up to three
829	829	41 (3) years after the expiration date of the license if the individual
830	830	42 holding the invalid license meets the requirements under
831	831	2023 IN 1101—LS 6472/DI 148 20
832	832	1 IC 25-1-8-6.
833	833	2 (b) If more than three (3) years have elapsed since the date the
834	834	3 license expired, the individual holding the license may renew the
835	835	4 license by satisfying the requirements for renewal established by
836	836	5 the board and meeting the requirements of IC 25-1-8-6.
837	837	6 Sec. 6. (a) The board shall exempt an individual from the
838	838	7 requirements set forth in this article and grant the individual a
839	839	8 music therapy license if the individual meets the following
840	840	9 requirements:
841	841	10 (1) Holds, before July 1, 2024, a bachelor's degree or higher
842	842	11 in music therapy or a related discipline from an eligible
843	843	12 postsecondary educational institution.
844	844	13 (2) Furnishes satisfactory evidence to the board that the
845	845	14 individual does not have a:
846	846	15 (A) conviction for a crime of violence (as defined in
847	847	16 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
848	848	17 (B) conviction in the previous two (2) years that has a
849	849	18 direct bearing on the individual's ability to practice
850	850	19 competently.
851	851	20 (3) Has engaged in the practice of music therapy for at least
852	852	21 three (3) years.
853	853	22 (4) Files an initial application to the board before July 1, 2025.
854	854	23 (b) This section expires January 1, 2026.
855	855	24 Sec. 7. A licensed music therapist may do the following:
856	856	25 (1) Accept referrals for music therapy services from medical,
857	857	26 developmental, mental health, or education professionals,
858	858	27 family members, and client caregivers or others involved and
859	859	28 authorized with the provision of client services. However,
860	860	29 before engaging in the practice of music therapy with:
861	861	30 (A) a client for an identified clinical or developmental
862	862	31 need, the music therapist shall review with the health care
863	863	32 provider involved in the client's care the client's diagnosis,
864	864	33 treatment needs, and treatment plan; and
865	865	34 (B) a client who is a primary or secondary school student
866	866	35 who is referred for an identified educational need, the
867	867	36 music therapist shall review with the individualized family
868	868	37 service plan or individual education plan team the
869	869	38 student's diagnosis, treatment needs, and treatment plan.
870	870	39 (2) Conduct a music therapy assessment of a client to
871	871	40 determine if music therapy treatment is indicated. If
872	872	41 treatment is indicated, the music therapist shall collect
873	873	42 systematic, comprehensive, and accurate information to
874	874	2023 IN 1101—LS 6472/DI 148 21
875	875	1 determine the appropriateness and type of music therapy
876	876	2 services to provide for the client.
877	877	3 (3) Develop an individualized music therapy treatment plan
878	878	4 for the client that is based upon the results of the music
879	879	5 therapy assessment. The music therapy treatment plan must
880	880	6 include individualized goals and objectives that focus on the
881	881	7 assessed needs and strengths of the client and specify music
882	882	8 therapy approaches and interventions to be used to address
883	883	9 these goals and objectives.
884	884	10 (4) Implement an individualized music therapy treatment plan
885	885	11 that is consistent with any other developmental, rehabilitative,
886	886	12 habilitative, medical, mental health, preventive, wellness care,
887	887	13 or educational services being provided to the client. When
888	888	14 providing educational or health care services, a music
889	889	15 therapist may not replace the services provided by an
890	890	16 audiologist or a speech-language pathologist.
891	891	17 (5) Evaluate the client's response to music therapy and the
892	892	18 music therapy treatment plan, which includes documenting
893	893	19 the change and progress of the client and suggesting
894	894	20 modifications, as appropriate.
895	895	21 (6) Develop a plan for determining when the provision of
896	896	22 music therapy is no longer needed in collaboration with the
897	897	23 client, physician, or other health care or educational provider
898	898	24 of the client, family members of the client, and any other
899	899	25 appropriate person upon whom the client relies for support.
900	900	26 (7) Minimize any barriers to ensure that the client receives
901	901	27 music therapy in the least restrictive environment.
902	902	28 (8) Collaborate with and educate the client, the client's family,
903	903	29 caregiver, and any other appropriate person regarding the
904	904	30 needs of the client that are being addressed in music therapy
905	905	31 and the manner in which the music therapy treatment
906	906	32 addresses those needs.
907	907	33 (9) Use appropriate knowledge and skills to provide an
908	908	34 informed practice, including use of research, reasoning, and
909	909	35 problem solving skills to determine appropriate actions in the
910	910	36 context of each specific clinical setting.
911	911	37 (10) Provide music therapy to the client in an individual or
912	912	38 group setting.
913	913	39 (11) Provide music therapy that includes music improvisation,
914	914	40 receptive music listening, song writing, lyric discussion, music
915	915	41 and imagery, singing, music performance, learning through
916	916	42 music, music combined with other arts, music assisted
917	917	2023 IN 1101—LS 6472/DI 148 22
918	918	1 relaxation, music based patient education, electronic music
919	919	2 technology, adapted music intervention, and movement to
920	920	3 music.
921	921	4 Sec. 8. A licensed music therapist shall do the following:
922	922	5 (1) When engaging in the practice of music therapy with a
923	923	6 client, the music therapist shall collaborate, as applicable,
924	924	7 with the client's treatment team, including a physician,
925	925	8 psychologist, licensed social worker or clinical social worker,
926	926	9 or other mental health professional.
927	927	10 (2) When engaging in the practice of music therapy with a
928	928	11 client who has a communication disorder, the music therapist
929	929	12 shall collaborate and discuss the music therapy treatment
930	930	13 plan with the client's audiologist or speech-language
931	931	14 pathologist.
932	932	15 SECTION 19. IC 25-23.6-13 IS ADDED TO THE INDIANA
933	933	16 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
934	934	17 [EFFECTIVE JULY 1, 2023]:
935	935	18 Chapter 13. Music Therapist; Unlawful Practices; Penalty
936	936	19 Sec. 1. Beginning July 1, 2024, an individual may not:
937	937	20 (1) profess to be a licensed music therapist;
938	938	21 (2) use the title:
939	939	22 (A) "licensed music therapist"; or
940	940	23 (B) "music therapist"; or
941	941	24 (3) use any other words indicating or implying that the
942	942	25 individual is a licensed music therapist;
943	943	26 unless the individual is licensed under this article.
944	944	27 Sec. 2. This article may not be construed to limit music therapy
945	945	28 services performed by a person who does not use a title specified in
946	946	29 this chapter and who is any of the following:
947	947	30 (1) A licensed, certified, or registered health care professional,
948	948	31 counselor, or educational professional acting within the scope
949	949	32 of the person's license, certificate, or registration.
950	950	33 (2) A student, an intern, or a trainee pursuing a course of
951	951	34 study in a health care profession, counseling, or education or
952	952	35 a course of study to gain licensure under this article.
953	953	36 (3) A nonresident of Indiana if the person performs music
954	954	37 therapy in Indiana for not more than:
955	955	38 (A) five (5) days in any one (1) month; or
956	956	39 (B) fifteen (15) days in any one (1) calendar year;
957	957	40 and the person is authorized to perform such services under
958	958	41 the laws of the state or country in which the person resides.
959	959	42 (4) A person who performs music therapy under the
960	960	2023 IN 1101—LS 6472/DI 148 23
961	961	1 supervision of a music therapist.
962	962	2 Sec. 3. An individual who knowingly and intentionally violates
963	963	3 this chapter after July 1, 2024, commits a Class A misdemeanor.
964	964	4 SECTION 20. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
965	965	5 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
966	966	6 JULY 1, 2023]: Sec. 1. The privileged communication between:
967	967	7 (1) a husband and wife;
968	968	8 (2) a health care provider and the health care provider's patient;
969	969	9 (3) a:
970	970	10 (A) licensed social worker;
971	971	11 (B) licensed clinical social worker;
972	972	12 (C) licensed marriage and family therapist;
973	973	13 (D) licensed mental health counselor;
974	974	14 (E) licensed addiction counselor; or
975	975	15 (F) licensed clinical addiction counselor;
976	976	16 (G) licensed music therapist; or
977	977	17 (H) licensed art therapist;
978	978	18 and a client of any of the professionals described in clauses (A)
979	979	19 through (F); (H);
980	980	20 (4) a school counselor and a student; or
981	981	21 (5) a school psychologist and a student;
982	982	22 is not a ground for excluding evidence in any judicial proceeding
983	983	23 resulting from a report of a child who may be a victim of child abuse
984	984	24 or neglect or relating to the subject matter of the report or failing to
985	985	25 report as required by IC 31-33.
986	986	26 SECTION 21. IC 35-52-25-31.2 IS ADDED TO THE INDIANA
987	987	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
988	988	28 [EFFECTIVE JULY 1, 2023]: Sec. 31.2. IC 25-23.6-4.7-5 defines a
989	989	29 crime concerning unlawful practice of art therapy.
990	990	30 SECTION 22. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
991	991	31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
992	992	32 JULY 1, 2023]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
993	993	33 marriage and family therapists. a description of services an
994	994	34 individual performs.
995	995	35 SECTION 23. IC 35-52-25-35, AS ADDED BY P.L.169-2014,
996	996	36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
997	997	37 JULY 1, 2023]: Sec. 35. IC 25-23.6-11-2 defines a crime concerning
998	998	38 marriage and family therapists. the use of a license issued.
999	999	39 SECTION 24. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
1000	1000	40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1001	1001	41 JULY 1, 2023]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
1002	1002	42 marriage and family therapists. false or forged information or
1003	1003	2023 IN 1101—LS 6472/DI 148 24
1004	1004	1 documents.
1005	1005	2 SECTION 25. IC 35-52-25-36.5 IS ADDED TO THE INDIANA
1006	1006	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
1007	1007	4 [EFFECTIVE JULY 1, 2023]: Sec. 36.5. IC 25-23.6-13-3 defines a
1008	1008	5 crime concerning unlawful practice of music therapy.
1009	1009	6 SECTION 26. [EFFECTIVE JULY 1, 2023] (a) The definitions in
1010	1010	7 IC 25-23.6-1, as amended by this act, apply throughout this
1011	1011	8 SECTION.
1012	1012	9 (b) Notwithstanding IC 25-23.6-2-2(a)(8) and
1013	1013	10 IC 25-23.6-2-2(a)(9), as amended by this act, before July 1, 2024,
1014	1014	11 a music therapist or art therapist member of the board is not
1015	1015	12 required to be licensed under IC 25-23.6.
1016	1016	13 (c) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1017	1017	14 the two (2) members initially appointed to the board under
1018	1018	15 IC 25-23.6-2-2(a)(8), as amended by this act, shall be appointed to
1019	1019	16 terms beginning July 1, 2023, as follows:
1020	1020	17 (1) One (1) music therapist shall be appointed to a term of one
1021	1021	18 (1) year by the governor.
1022	1022	19 (2) One (1) music therapist shall be appointed to a term of
1023	1023	20 three (3) years by the governor.
1024	1024	21 (d) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1025	1025	22 the two (2) members initially appointed to the board under
1026	1026	23 IC 25-23.6-2-2(a)(9), as amended by this act, shall be appointed to
1027	1027	24 terms beginning July 1, 2023, as follows:
1028	1028	25 (1) One (1) art therapist shall be appointed to a term of two
1029	1029	26 (2) years by the governor.
1030	1030	27 (2) One (1) art therapist shall be appointed to a term of four
1031	1031	28 (4) years by the governor.
1032	1032	29 (e) This SECTION expires July 1, 2026.
1033	1033	2023 IN 1101—LS 6472/DI 148