Indiana 2023 Regular Session

Indiana House Bill HB1546 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. 1546
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;
7	7	IC 25-23.6; IC 31-32-11-1; IC 35-52-25.
8	8	Synopsis: Art and music therapy. Provides that art therapy services
9	9	provided by a licensed art therapist to an individual who receives
10	10	mental health services or to an individual who receives services from
11	11	a community mental health center are reimbursable under Medicaid.
12	12	Provides for the licensure of music therapists, art therapists, and art
13	13	therapist associates. Adds music therapists and art therapists to the
14	14	behavioral health and human services licensing board (board). Creates
15	15	the music therapist and art therapist sections of the board. Requires
16	16	music therapists to be licensed. Establishes requirements and
17	17	procedures for an individual to be licensed as a music therapist, art
18	18	therapist, and art therapist associate. Prohibits a person who is not
19	19	licensed as a music therapist, art therapist, or an art therapist associate
20	20	from using certain titles or certain words in a title. Makes technical and
21	21	conforming changes.
22	22	Effective: July 1, 2023.
23	23	Judy, VanNatter, Gore, Clere
24	24	January 19, 2023, read first time and referred to Committee on Public Health.
25	25	2023 IN 1546—LS 7066/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. 1546
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 1546—LS 7066/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 1546—LS 7066/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 1546—LS 7066/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 25-0.5-1-14, 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. 14. IC 25-1-1.1-4 applies to an individual licensed
151	151	8 or certified under IC 25-23.6 (social workers, marriage and family
152	152	9 therapists, and counselors, and art and music therapists).
153	153	10 SECTION 4. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
154	154	11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155	155	12 JULY 1, 2023]: Sec. 22. IC 25-1-2-2.1 applies to licenses held by
156	156	13 social workers, marriage and family therapists, and mental health
157	157	14 counselors, music therapists, and art therapists.
158	158	15 SECTION 5. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
159	159	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
160	160	17 [EFFECTIVE JULY 1, 2023]: Sec. 1.6. "Art therapist" means an
161	161	18 individual who is licensed under IC 25-23.6-10.8-1.
162	162	19 SECTION 6. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
163	163	20 CODE AS A NEW SECTION TO READ AS FOLLOWS
164	164	21 [EFFECTIVE JULY 1, 2023]: Sec. 1.7. "Art therapist associate"
165	165	22 means an individual who is licensed under IC 25-23.6-10.8-2.
166	166	23 SECTION 7. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
167	167	24 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
168	168	25 JULY 1, 2023]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
169	169	26 "counselor" refers to a social worker, a clinical social worker, a
170	170	27 marriage and family therapist, a mental health counselor, an addiction
171	171	28 counselor, or a clinical addiction counselor, a music therapist, an art
172	172	29 therapist, or an art therapist associate who is licensed under this
173	173	30 article.
174	174	31 SECTION 8. IC 25-23.6-1-5.4 IS ADDED TO THE INDIANA
175	175	32 CODE AS A NEW SECTION TO READ AS FOLLOWS
176	176	33 [EFFECTIVE JULY 1, 2023]: Sec. 5.4. "Music therapist" means an
177	177	34 individual who is licensed under IC 25-23.6-12.
178	178	35 SECTION 9. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
179	179	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
180	180	37 [EFFECTIVE JULY 1, 2023]: Sec. 5.8. "Practice of art therapy"
181	181	38 means the application of art, art media, and the creative process in
182	182	39 the education, assessment, prevention, treatment, and amelioration
183	183	40 of cognitive, physical, developmental, and behavioral conditions
184	184	41 and disabilities. The term includes the:
185	185	42 (1) use of art creation to assess a client's issues with the goal
186	186	2023 IN 1546—LS 7066/DI 148 5
187	187	1 of improving physical, psychological, and emotional
188	188	2 functioning and well-being;
189	189	3 (2) employment of art based techniques to:
190	190	4 (A) assess levels of functioning;
191	191	5 (B) determine treatment goals; and
192	192	6 (C) implement appropriate interventions;
193	193	7 to treat a client;
194	194	8 (3) use of therapeutic interventions to facilitate alternative
195	195	9 modes of receptive and expressive communication and
196	196	10 engagement;
197	197	11 (4) use of art to help clients:
198	198	12 (A) improve cognitive and sensory motor functions;
199	199	13 (B) reduce symptoms of depression, anxiety, posttraumatic
200	200	14 stress, and attachment disorders;
201	201	15 (C) resolve conflicts and distress;
202	202	16 (D) develop interpersonal skills;
203	203	17 (E) manage behavior;
204	204	18 (F) improve social functioning; and
205	205	19 (G) achieve self-esteem and self-awareness;
206	206	20 (5) adjustment of techniques and treatments to address
207	207	21 multicultural and diversity issues; and
208	208	22 (6) provision of:
209	209	23 (A) consultation;
210	210	24 (B) referral;
211	211	25 (C) crisis intervention;
212	212	26 (D) client advocacy; and
213	213	27 (E) education;
214	214	28 services to clients.
215	215	29 SECTION 10. IC 25-23.6-1-7.7 IS ADDED TO THE INDIANA
216	216	30 CODE AS A NEW SECTION TO READ AS FOLLOWS
217	217	31 [EFFECTIVE JULY 1, 2023]: Sec. 7.7. (a) "Practice of music
218	218	32 therapy" means providing professional services that are delivered
219	219	33 by a music therapist, that use clinical and evidence based music
220	220	34 interventions to accomplish individualized goals for clients of any
221	221	35 age or ability level within a therapeutic relationship, and that
222	222	36 include the following:
223	223	37 (1) Developing individualized music therapy treatment plans
224	224	38 specific to the needs and strengths of each client.
225	225	39 (2) Establishing goals, objectives, and potential strategies of
226	226	40 the music therapy services that are appropriate for the client
227	227	41 and setting.
228	228	42 (b) The term does not include the screening, diagnosis, or
229	229	2023 IN 1546—LS 7066/DI 148 6
230	230	1 assessment of any physical, mental, or communication disorder.
231	231	2 SECTION 11. IC 25-23.6-2-2, AS AMENDED BY THE
232	232	3 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
233	233	4 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
234	234	5 JULY 1, 2023]: Sec. 2. (a) The board consists of ten (10) fifteen (15)
235	235	6 members appointed by the governor. Subject to IC 25-1-6.5-3, the
236	236	7 board must include the following:
237	237	8 (1) Two (2) marriage and family therapists who:
238	238	9 (A) have at least a master's degree in marriage and family
239	239	10 therapy or a related field from an eligible postsecondary
240	240	11 educational institution;
241	241	12 (B) are licensed under this chapter; article; and
242	242	13 (C) have five (5) years of experience in marriage and family
243	243	14 therapy.
244	244	15 (2) One (1) social worker who:
245	245	16 (A) has at least a master's degree in social work from an
246	246	17 eligible postsecondary educational institution accredited by the
247	247	18 Council on Social Work Education;
248	248	19 (B) is licensed under this article; and
249	249	20 (C) has at least five (5) years of experience as a social worker.
250	250	21 (3) One (1) social services director of a hospital with a social
251	251	22 work degree who has at least three (3) years of experience in a
252	252	23 hospital setting.
253	253	24 (4) Two (2) mental health counselors who:
254	254	25 (A) have at least a master's degree in mental health counseling;
255	255	26 (B) are licensed under this article; and
256	256	27 (C) have at least five (5) years experience as a mental health
257	257	28 counselor.
258	258	29 (5) One (1) consumer Two (2) consumers who has have never
259	259	30 been credentialed under this article.
260	260	31 (6) One (1) physician licensed under IC 25-22.5 who has training
261	261	32 in psychiatric medicine.
262	262	33 (7) Two (2) licensed clinical addiction counselors who:
263	263	34 (A) are licensed under IC 25-23.6-10.5; and
264	264	35 (B) have at least five (5) years experience in clinical addiction
265	265	36 counseling.
266	266	37 (8) Two (2) music therapists who:
267	267	38 (A) are licensed under this article; and
268	268	39 (B) have at least five (5) years experience in music therapy.
269	269	40 (9) Two (2) art therapists who:
270	270	41 (A) have at least a master's degree in art therapy;
271	271	42 (B) are licensed under this article; and
272	272	2023 IN 1546—LS 7066/DI 148 7
273	273	1 (C) have at least five (5) years experience as an art
274	274	2 therapist.
275	275	3 (b) Not more than six (6) eight (8) members of the board may be
276	276	4 from the same political party.
277	277	5 (c) A member appointed
278	278	6 (1) before July 1, 2019, serves a three (3) year term; and
279	279	7 (2) after June 30, 2019, under this chapter serves a term as
280	280	8 provided under IC 25-1-6.5.
281	281	9 SECTION 12. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
282	282	10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
283	283	11 JULY 1, 2023]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
284	284	12 establishing standards for the following:
285	285	13 (1) The competent practice of marriage and family therapy,
286	286	14 bachelor's degree social work, social work, clinical social work,
287	287	15 mental health counseling, addiction counseling, and clinical
288	288	16 addiction counseling, music therapy, and art therapy.
289	289	17 (2) The renewal of licenses issued under this article.
290	290	18 (3) Standards for the administration of this article.
291	291	19 (4) Continuing education requirements for an individual seeking
292	292	20 renewal of licensure as a bachelor's degree social worker, social
293	293	21 worker, clinical social worker, or marriage and family therapist,
294	294	22 music therapist, art therapist, or an art therapist associate.
295	295	23 (5) The retention of patient records and reports by a counselor.
296	296	24 (6) The approval of continuing education providers, programs,
297	297	25 courses, fees, and proof of course completion.
298	298	26 (b) The board shall establish fees under IC 25-1-8-2.
299	299	27 (c) The board shall do the following:
300	300	28 (1) Consider the qualifications of individuals who apply for a
301	301	29 license under this article.
302	302	30 (2) Provide for examinations required under this article.
303	303	31 (3) Subject to IC 25-1-8-6, renew licenses under this article.
304	304	32 (4) Conduct proceedings under IC 25-1-9.
305	305	33 SECTION 13. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
306	306	34 CODE AS A NEW SECTION TO READ AS FOLLOWS
307	307	35 [EFFECTIVE JULY 1, 2023]: Sec. 9.7. (a) The art therapist section
308	308	36 of the board is established. The section consists of the following:
309	309	37 (1) Two (2) art therapist members of the board.
310	310	38 (2) Two (2) consumer members of the board.
311	311	39 (3) One (1) physician member of the board.
312	312	40 (b) Three (3) members of the art therapist section of the board,
313	313	41 two (2) of whom must be art therapists, constitute a quorum.
314	314	42 SECTION 14. IC 25-23.6-2-10.7 IS ADDED TO THE INDIANA
315	315	2023 IN 1546—LS 7066/DI 148 8
316	316	1 CODE AS A NEW SECTION TO READ AS FOLLOWS
317	317	2 [EFFECTIVE JULY 1, 2023]: Sec. 10.7. (a) The music therapist
318	318	3 section of the board is established. The section consists of the
319	319	4 following:
320	320	5 (1) Two (2) licensed music therapist members of the board.
321	321	6 (2) Two (2) consumer members of the board.
322	322	7 (3) One (1) physician member of the board.
323	323	8 (b) Three (3) members of the music therapist section of the
324	324	9 board, two (2) of whom must be music therapists, constitute a
325	325	10 quorum.
326	326	11 SECTION 15. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
327	327	12 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
328	328	13 JULY 1, 2023]: Sec. 11. The social worker, marriage and family
329	329	14 therapist, mental health counselor, and addiction counselor, music
330	330	15 therapist, and art therapist sections of the board shall do the
331	331	16 following:
332	332	17 (1) Approve continuing education courses authorized under this
333	333	18 article.
334	334	19 (2) Propose rules to the board concerning the practice of the
335	335	20 profession regulated by each section.
336	336	21 (3) Other duties as directed by the board.
337	337	22 SECTION 16. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
338	338	23 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
339	339	24 [EFFECTIVE JULY 1, 2023]:
340	340	25 Chapter 4.7. Art Therapists; Unlawful Practices
341	341	26 Sec. 1. This chapter applies after December 31, 2023.
342	342	27 Sec. 2. (a) An individual may not:
343	343	28 (1) profess to be a licensed art therapist;
344	344	29 (2) use the title:
345	345	30 (A) "licensed art therapist"; or
346	346	31 (B) "art therapist"; or
347	347	32 (3) use any other words, letters, abbreviations, or insignia
348	348	33 indicating or implying that the individual is a licensed art
349	349	34 therapist;
350	350	35 unless the individual is licensed under this article.
351	351	36 (b) An individual may not:
352	352	37 (1) profess to be a licensed art therapist associate;
353	353	38 (2) use the title:
354	354	39 (A) "licensed art therapist associate"; or
355	355	40 (B) "art therapist associate"; or
356	356	41 (3) use any other words, letters, abbreviations, or insignia
357	357	42 indicating or implying that the individual is a licensed art
358	358	2023 IN 1546—LS 7066/DI 148 9
359	359	1 therapist associate;
360	360	2 unless the individual is licensed under this article.
361	361	3 Sec. 3. (a) This article may not be construed to limit the practice
362	362	4 of art therapy performed by an individual who does not use a title
363	363	5 specified in this chapter and who is any of the following:
364	364	6 (1) A student, an intern, or a trainee pursuing a course of
365	365	7 study in art therapy to gain licensure under this article in an
366	366	8 accredited postsecondary educational institution if:
367	367	9 (A) the services are performed under qualified supervision
368	368	10 and constitute a part of the individual's supervised course
369	369	11 of study or other level of supervision; and
370	370	12 (B) the student or graduate uses a title that contains the
371	371	13 term "student", "intern", or "trainee".
372	372	14 (2) Not a resident of Indiana if the individual performed the
373	373	15 services in Indiana for not more than five (5) days in any one
374	374	16 (1) month or fifteen (15) days within any one (1) calendar year
375	375	17 and the person is authorized to perform such services under
376	376	18 the laws of the state or country in which the individual
377	377	19 resides.
378	378	20 (3) A rabbi, priest, Christian Science practitioner, minister, or
379	379	21 other member of the clergy.
380	380	22 (4) An employee or a volunteer for an organization
381	381	23 performing charitable, religious, or educational functions,
382	382	24 providing pastoral counseling, or providing other assistance.
383	383	25 (5) An individual who is licensed or certified by a state or
384	384	26 national organization that is recognized by the division of
385	385	27 mental health and addiction and who provides services in the
386	386	28 areas of alcohol or drug abuse addiction.
387	387	29 (6) A governmental employee who remains in the same job
388	388	30 classification or job family of that job classification.
389	389	31 (b) This article may not be construed to prohibit or limit any
390	390	32 service or treatment that involves the use of art or art media by a
391	391	33 licensed health care professional who:
392	392	34 (1) is acting within the scope of the person's license; and
393	393	35 (2) does not use a title specified in this article.
394	394	36 (c) Nothing in this section prohibits a person referred to in
395	395	37 subsection (a) from qualifying for licensure under this article.
396	396	38 Sec. 4. (a) An individual who is licensed as an art therapist shall:
397	397	39 (1) display the license or a clear copy of the license at each
398	398	40 location where the art therapist regularly practices; and
399	399	41 (2) include the words "art therapist" or the letters "AT" on
400	400	42 all promotional materials, including business cards,
401	401	2023 IN 1546—LS 7066/DI 148 10
402	402	1 brochures, stationery, advertisements, and signs that name
403	403	2 the individual.
404	404	3 (b) An individual who is licensed as an art therapist associate
405	405	4 shall:
406	406	5 (1) display the license or a clear copy of the license at each
407	407	6 location where the art therapist associate regularly practices;
408	408	7 and
409	409	8 (2) include the words "art therapist associate" or the letters
410	410	9 "ATA" on all promotional materials, including business
411	411	10 cards, brochures, stationery, advertisements, and signs that
412	412	11 name the individual.
413	413	12 Sec. 5. An individual who knowingly or intentionally violates
414	414	13 section 2 or 4 of this chapter after December 31, 2023, commits a
415	415	14 Class A misdemeanor.
416	416	15 SECTION 17. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
417	417	16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
418	418	17 JULY 1, 2023]: Sec. 2. (a) This article may not be construed to limit
419	419	18 addiction counselor or clinical addiction counselor services performed
420	420	19 by a person who does not use a title specified in this article and who is
421	421	20 any of the following:
422	422	21 (1) A licensed or certified health care professional acting within
423	423	22 the scope of the person's license or certificate, including: a:
424	424	23 (A) a social worker licensed under this article;
425	425	24 (B) a clinical social worker licensed under this article;
426	426	25 (C) a marriage and family therapist licensed under this article;
427	427	26 (D) a mental health counselor licensed under this article;
428	428	27 (E) a psychologist licensed under IC 25-33;
429	429	28 (F) a physician licensed under IC 25-22.5; or
430	430	29 (G) a nurse licensed under IC 25-23;
431	431	30 (H) an art therapist or art therapist associate licensed
432	432	31 under this article; or
433	433	32 (I) a music therapist licensed under this article;
434	434	33 and who has training and experience in addiction counseling.
435	435	34 (2) A student, an intern, or a trainee pursuing a course of study in
436	436	35 medicine or psychology or a course of study to gain licensure
437	437	36 under this article as follows:
438	438	37 (A) In an accredited eligible postsecondary educational
439	439	38 institution or training institution recognized by the Council for
440	440	39 Higher Education Accreditation (CHEA) for undergraduate
441	441	40 and graduate institutions. Accreditation by the Council for
442	442	41 Accreditation of Counseling and Related Educational
443	443	42 Programs or a substantially equivalent accreditation program
444	444	2023 IN 1546—LS 7066/DI 148 11
445	445	1 approved by the board is required for graduate institutions.
446	446	2 (B) Through a National Association of Alcohol and Drug
447	447	3 Abuse Counselors approved academic education provider; or
448	448	4 (C) By a graduate accumulating experience required for
449	449	5 licensure if:
450	450	6 (i) the services are performed under qualified supervision
451	451	7 and constitute a part of the person's supervised course of
452	452	8 study or other level of supervision; and
453	453	9 (ii) the student or graduate uses a title that contains the term
454	454	10 "intern", "student", or "trainee".
455	455	11 (3) A nonresident of Indiana if the person performs addiction
456	456	12 counseling or therapy in Indiana for not more than:
457	457	13 (A) five (5) days in any one (1) month; or
458	458	14 (B) fifteen (15) days in any one (1) calendar year;
459	459	15 and the person is authorized to perform such services under the
460	460	16 laws of the state or country in which the person resides.
461	461	17 (4) A rabbi, priest, Christian Science practitioner, minister, or
462	462	18 other member of the clergy.
463	463	19 (5) An employee or a volunteer for an organization performing
464	464	20 charitable, religious, or educational functions or providing
465	465	21 pastoral counseling or other assistance.
466	466	22 (6) A person who provides school counseling.
467	467	23 (7) A governmental employee who remains in the same job
468	468	24 classification or job family of that job classification.
469	469	25 (8) An employee of a court alcohol and drug program, a drug
470	470	26 court, or a reentry court certified by the office of judicial
471	471	27 administration when performing assigned job duties.
472	472	28 (9) A probation officer when performing assigned job duties.
473	473	29 (b) This section does not prohibit a person referred to in subsection
474	474	30 (a) from qualifying for licensure under this article.
475	475	31 SECTION 18. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
476	476	32 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
477	477	33 [EFFECTIVE JULY 1, 2023]:
478	478	34 Chapter 10.8. Art Therapist Licensure
479	479	35 Sec. 1. (a) An individual who applies to be licensed as an art
480	480	36 therapist must furnish satisfactory evidence to the board that the
481	481	37 individual:
482	482	38 (1) has received:
483	483	39 (A) a master's or doctoral degree from an accredited
484	484	40 postsecondary educational institution in a program in art
485	485	41 therapy, or a related field as approved by the board, that:
486	486	42 (i) is approved by the American Art Therapy Association
487	487	2023 IN 1546—LS 7066/DI 148 12
488	488	1 or accredited by the Commission on Accreditation of
489	489	2 Allied Health Education Programs; or
490	490	3 (ii) is determined by the board to be substantially
491	491	4 equivalent to an approved or accredited program in art
492	492	5 therapy under sections 3 and 4 of this chapter; or
493	493	6 (B) at least a master's degree from an accredited
494	494	7 postsecondary educational institution in a program or
495	495	8 course of studies that:
496	496	9 (i) is determined by the board to meet the educational
497	497	10 requirements under sections 3 and 4 of this chapter; or
498	498	11 (ii) has been accepted by the Art Therapy Credentials
499	499	12 Board, Inc., or a successor organization, as meeting the
500	500	13 educational requirements to qualify an individual for a
501	501	14 credential as a registered art therapist;
502	502	15 (2) has met the work experience requirements under section
503	503	16 5 of this chapter;
504	504	17 (3) has not been convicted of a crime that has a direct bearing
505	505	18 on the individual's ability to practice competently;
506	506	19 (4) has not been the subject of a disciplinary action by a
507	507	20 licensing or certification agency of another state or
508	508	21 jurisdiction prohibiting the individual from practicing as an
509	509	22 art therapist or art therapist associate;
510	510	23 (5) pays the fee established by the board; and
511	511	24 (6) has passed an examination provided by the board.
512	512	25 (b) An individual who applies to be licensed as an art therapist
513	513	26 under this section, except as provided in section 14 of this chapter,
514	514	27 must furnish satisfactory evidence to the board that the individual:
515	515	28 (1) holds a valid art therapist associate license issued under
516	516	29 section 8 of this chapter and has met the work experience
517	517	30 requirements under section 5 of this chapter;
518	518	31 (2) has met the work experience requirements under section
519	519	32 5 of this chapter in another state or jurisdiction; or
520	520	33 (3) is licensed or certified to practice as an art therapist in
521	521	34 another state or jurisdiction under section 12 of this chapter.
522	522	35 Sec. 2. (a) An individual who applies to be licensed as an art
523	523	36 therapist associate must furnish satisfactory evidence to the board
524	524	37 that the individual has:
525	525	38 (1) received a master's or doctoral degree in art therapy that
526	526	39 meets the requirements under section 1(a)(1) of this chapter;
527	527	40 (2) not been convicted of a crime that has a direct bearing on
528	528	41 the individual's ability to practice competently;
529	529	42 (3) not been the subject of a disciplinary action by a licensing
530	530	2023 IN 1546—LS 7066/DI 148 13
531	531	1 or certification agency of another state or jurisdiction
532	532	2 prohibiting the individual from practicing as an art therapist
533	533	3 or art therapist associate; and
534	534	4 (4) paid a fee established by the board.
535	535	5 (b) The board may require an individual who applies to be
536	536	6 licensed as an art therapist associate to pass an examination
537	537	7 administered by an entity approved by the board.
538	538	8 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
539	539	9 of this chapter, an individual who applies for a license as an art
540	540	10 therapist or as an art therapist associate must have:
541	541	11 (1) received a master's or doctoral degree that meets the
542	542	12 educational requirements for licensure under section 1(a) of
543	543	13 this chapter; and
544	544	14 (2) attended an eligible postsecondary educational institution
545	545	15 that meets the following requirements:
546	546	16 (A) If the institution is located in the United States or a
547	547	17 territory of the United States, the institution must be
548	548	18 accredited by a regional accrediting body recognized by
549	549	19 the Council for Higher Education Accreditation.
550	550	20 (B) If the institution is located in Canada, the institution
551	551	21 must be a member in good standing with the Association of
552	552	22 Universities and Colleges of Canada.
553	553	23 (C) If the institution is located in a foreign country other
554	554	24 than Canada, the institution must:
555	555	25 (i) be recognized as a program to train in the practice of
556	556	26 mental health counseling or psychotherapy; and
557	557	27 (ii) have maintained a standard of training that is
558	558	28 substantially equivalent to the standards of institutions
559	559	29 accredited by a regional accrediting body recognized by
560	560	30 the Council for Higher Education Accreditation.
561	561	31 (b) An individual who applies to be licensed as an art therapist
562	562	32 under section 1 of this chapter or as an art therapist associate
563	563	33 under section 2 of this chapter and who has a master's or doctoral
564	564	34 degree from a program that did not emphasize art therapy may
565	565	35 complete the course work requirements from an institution:
566	566	36 (1) with a program in art therapy accredited by the
567	567	37 Commission on Accreditation of Allied Health Education
568	568	38 Programs; or
569	569	39 (2) that is accredited by a regional accrediting body
570	570	40 recognized by the Council for Higher Education
571	571	41 Accreditation, as approved by the board.
572	572	42 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
573	573	2023 IN 1546—LS 7066/DI 148 14
574	574	1 of this chapter, the board may determine that an individual's
575	575	2 graduate level education program or course of study is
576	576	3 substantially equivalent to an approved or accredited program in
577	577	4 art therapy if the individual has completed the following
578	578	5 requirements:
579	579	6 (1) Except as provided in subsection (b), qualifying course
580	580	7 work that must include graduate level course credits in at
581	581	8 least the following content areas:
582	582	9 (A) Application of art therapy with people in different
583	583	10 treatment settings.
584	584	11 (B) Art therapy assessment.
585	585	12 (C) Counseling or psychological theories.
586	586	13 (D) Ethical and legal issues of art therapy practice.
587	587	14 (E) Group art therapy.
588	588	15 (F) History of art therapy.
589	589	16 (G) Human growth and development.
590	590	17 (H) Matters of cultural and social diversity bearing on the
591	591	18 practice of art therapy.
592	592	19 (I) Psychological assessment.
593	593	20 (J) Psychopathology or abnormal psychology.
594	594	21 (K) Research.
595	595	22 (L) Standards of good art therapy practice.
596	596	23 (M) Techniques of practice in art therapy.
597	597	24 (N) Theory of art therapy.
598	598	25 The content areas may be combined into any one (1) graduate
599	599	26 level course if the applicant can prove that the course
600	600	27 included instruction in all cognitive, psychomotor, and
601	601	28 behavior competencies required in the content area for
602	602	29 competent entry level practice of art therapy.
603	603	30 (2) At least one (1):
604	604	31 (A) supervised clinical practicum of at least one hundred
605	605	32 (100) hours; or
606	606	33 (B) qualifying internship or field experience in an art
607	607	34 therapy setting of at least six hundred (600) hours.
608	608	35 The requirements under clauses (A) and (B) may be met by
609	609	36 experience away from a postsecondary educational
610	610	37 institution, but the experience must be certified by an official
611	611	38 of that institution as equivalent to a graduate level practicum
612	612	39 or internship program.
613	613	40 (b) The following may not be used to satisfy the educational
614	614	41 requirements under subsection (a):
615	615	42 (1) Thesis or dissertation work.
616	616	2023 IN 1546—LS 7066/DI 148 15
617	617	1 (2) Practicums.
618	618	2 (3) Internships.
619	619	3 (4) Fieldwork.
620	620	4 Sec. 5. (a) An individual who applies for a license as an art
621	621	5 therapist must have:
622	622	6 (1) at least two (2) years of paid or volunteer supervised work
623	623	7 experience in the delivery of art therapy services; and
624	624	8 (2) supervised work experience conducted according to
625	625	9 requirements in subsections (b) through (g).
626	626	10 (b) An individual who applies for a license as an art therapist
627	627	11 must have:
628	628	12 (1) at least three thousand (3,000) hours of postgraduate work
629	629	13 experience in a clinical setting under supervision of a qualified
630	630	14 supervisor;
631	631	15 (2) at least one thousand (1,000) hours of contact with clients;
632	632	16 and
633	633	17 (3) at least one hundred (100) hours of face-to-face supervised
634	634	18 training with a qualified supervisor.
635	635	19 (c) A qualified supervisor may be a licensed art therapist, a
636	636	20 board certified art therapist, or other licensed mental health
637	637	21 professional who has met standards for supervision specified in
638	638	22 rules approved by the board.
639	639	23 (d) A qualified supervisor must observe the successful
640	640	24 application of art therapy knowledge, skills, and values in the
641	641	25 diagnosis and treatment of psychological function, disability, or
642	642	26 impairment.
643	643	27 (e) Except as provided in subsection (f), the work experience
644	644	28 requirement may be met by work performed either at the premises
645	645	29 of the supervisor or away from the premises of the supervisor.
646	646	30 (f) The work experience requirement may not be performed
647	647	31 away from the premises of the supervisor if:
648	648	32 (1) the work premises is the independent private practice of a
649	649	33 licensed art therapist; and
650	650	34 (2) the work is not performed at a place that has the
651	651	35 supervision of a licensed art therapist or qualified supervisor.
652	652	36 (g) A doctoral internship may be applied toward the supervised
653	653	37 work experience requirement.
654	654	38 Sec. 6. An individual who satisfies the requirements of section
655	655	39 1(a)(1) through 1(a)(5) of this chapter may take the examination
656	656	40 provided by the board.
657	657	41 Sec. 7. The board shall provide for examinations to be given at
658	658	42 least once each year at times and places established by the board.
659	659	2023 IN 1546—LS 7066/DI 148 16
660	660	1 Sec. 8. (a) The board shall issue an art therapist license to an
661	661	2 applicant under section 1 of this chapter who:
662	662	3 (1) achieves a passing score on the examination under this
663	663	4 chapter; and
664	664	5 (2) is otherwise qualified under this chapter.
665	665	6 (b) The board shall issue an art therapist associate license to an
666	666	7 applicant under section 2 of this chapter who is otherwise qualified
667	667	8 under this chapter.
668	668	9 (c) A person issued a license under this section may engage in
669	669	10 the practice of art therapy.
670	670	11 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
671	671	12 issued by the board is valid for the remainder of the renewal
672	672	13 period in effect on the date the license was issued.
673	673	14 (b) An individual may renew an art therapist license by:
674	674	15 (1) paying a renewal fee on or before the expiration date of
675	675	16 the license; and
676	676	17 (2) completing at least twenty (20) hours of continuing
677	677	18 education each licensure year.
678	678	19 (c) If an individual fails to pay a renewal fee on or before the
679	679	20 expiration of a license, the license becomes invalid.
680	680	21 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
681	681	22 license issued by the board is valid for the remainder of the
682	682	23 renewal period in effect on the date the license was issued.
683	683	24 (b) An individual may renew an art therapist associate license
684	684	25 two (2) times by paying a renewal fee on or before the expiration
685	685	26 date of the license.
686	686	27 (c) If an individual fails to pay a renewal fee on or before the
687	687	28 expiration of a license, the license is invalid.
688	688	29 (d) The board may renew an art therapist associate license for
689	689	30 additional periods at the board's discretion.
690	690	31 (e) An art therapist associate license expires when:
691	691	32 (1) the individual is issued an art therapist license under this
692	692	33 chapter;
693	693	34 (2) the board denies the individual's application for an art
694	694	35 therapist license under this chapter; or
695	695	36 (3) the individual fails to apply for renewal of the art therapist
696	696	37 associate license under this chapter.
697	697	38 Sec. 11. (a) The board may reinstate an invalid art therapist
698	698	39 license issued under section 9 of this chapter up to three (3) years
699	699	40 after the expiration date of the license if the individual holding the
700	700	41 invalid license meets the requirements under IC 25-1-8-6.
701	701	42 (b) If more than three (3) years have elapsed since the date an
702	702	2023 IN 1546—LS 7066/DI 148 17
703	703	1 art therapist license expired, the individual holding the license may
704	704	2 renew the license by satisfying the requirements for renewal
705	705	3 established by the board and meeting the requirements under
706	706	4 IC 25-1-8-6.
707	707	5 (c) The board may reinstate an invalid art therapist associate
708	708	6 license issued under section 10 of this chapter up to one (1) year
709	709	7 after the expiration date of the license if the individual holding the
710	710	8 invalid license meets the requirements under IC 25-1-8-6. An art
711	711	9 therapist associate license that has been expired for more than one
712	712	10 (1) year may not be reinstated under IC 25-1-8-6.
713	713	11 Sec. 12. The board shall issue an art therapist license to an
714	714	12 individual if the individual:
715	715	13 (1) has a valid license or certificate to practice art therapy
716	716	14 from another state or jurisdiction;
717	717	15 (2) has engaged in at least three (3) years of full-time,
718	718	16 postdegree practice of art therapy, or its equivalent in
719	719	17 part-time practice as determined by the board;
720	720	18 (3) has passed an examination substantially equivalent to the
721	721	19 examination provided by the board under this chapter;
722	722	20 (4) has not been the subject of a disciplinary action by a
723	723	21 licensing or certification agency of another state or
724	724	22 jurisdiction prohibiting the individual from practicing as an
725	725	23 art therapist or art therapist associate without endangering
726	726	24 the public; and
727	727	25 (5) has paid a fee established by the board.
728	728	26 Sec. 13. (a) An individual who has an art therapist license under
729	729	27 this chapter shall notify the board in writing when the individual
730	730	28 retires from practice.
731	731	29 (b) Upon receipt of the notice, the board shall:
732	732	30 (1) record the individual as retired;
733	733	31 (2) release the individual from further payment of renewal
734	734	32 fees; and
735	735	33 (3) release the individual from further continuing education
736	736	34 requirements.
737	737	35 Sec. 14. The board may waive the requirements of section
738	738	36 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy license
739	739	37 to an individual who furnishes satisfactory evidence to the board
740	740	38 that the individual:
741	741	39 (1) is a resident of Indiana;
742	742	40 (2) holds a credential in good standing as a board certified art
743	743	41 therapist with the Art Therapy Credentials Board;
744	744	42 (3) has at least three (3) years of full-time, postdegree practice
745	745	2023 IN 1546—LS 7066/DI 148 18
746	746	1 of art therapy, or its equivalent in part-time practice prior to
747	747	2 submitting an application to the board;
748	748	3 (4) does not have a conviction for a crime that has a direct
749	749	4 bearing on the individual's ability to practice competently;
750	750	5 (5) has not been the subject of a disciplinary action by a
751	751	6 licensing or certification agency of another state or
752	752	7 jurisdiction prohibiting the individual from practicing as an
753	753	8 art therapist or art therapist associate without endangering
754	754	9 the public; and
755	755	10 (6) has paid the fee established by the board.
756	756	11 SECTION 19. IC 25-23.6-12 IS ADDED TO THE INDIANA
757	757	12 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
758	758	13 [EFFECTIVE JULY 1, 2023]:
759	759	14 Chapter 12. Music Therapists; Licensure; Examinations
760	760	15 Sec. 1. An individual who applies for a license as a music
761	761	16 therapist must meet the following requirements:
762	762	17 (1) Furnish satisfactory evidence to the board that the
763	763	18 individual has received a bachelor's degree or higher in music
764	764	19 therapy or in a related area as determined by the board from:
765	765	20 (A) an accredited postsecondary educational institution; or
766	766	21 (B) a foreign school that has a program of study;
767	767	22 that meets the requirements under section 2 of this chapter or
768	768	23 has been approved by the board or the American Music
769	769	24 Therapy Association or its successor organization.
770	770	25 (2) Furnish satisfactory evidence to the board that the
771	771	26 individual does not have a:
772	772	27 (A) conviction for a crime of violence (as defined in
773	773	28 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
774	774	29 (B) conviction in the previous two (2) years that has a
775	775	30 direct bearing on the individual's ability to practice
776	776	31 competently.
777	777	32 (3) Furnish satisfactory evidence to the board that the
778	778	33 individual has not been the subject of a disciplinary action by
779	779	34 a licensing or certification agency of another state or
780	780	35 jurisdiction on the grounds that the individual was not able to
781	781	36 practice as a music therapist without endangering the public.
782	782	37 (4) Pass an examination provided by the Certification Board
783	783	38 for Music Therapists or its successor organization.
784	784	39 (5) Pay the fee established by the board.
785	785	40 Sec. 2. An applicant under section 1 of this chapter must have
786	786	41 a baccalaureate or higher degree in music therapy or in a related
787	787	42 area as determined by the board from an eligible postsecondary
788	788	2023 IN 1546—LS 7066/DI 148 19
789	789	1 educational institution that meets the following requirements:
790	790	2 (1) If the institution is located in the United States or a
791	791	3 territory of the United States, at the time of the applicant's
792	792	4 graduation the institution was accredited by a regional
793	793	5 accrediting body recognized by the Commission on
794	794	6 Recognition of Postsecondary Accreditation.
795	795	7 (2) If the institution is located in Canada, at the time of the
796	796	8 applicant's graduation the institution was a member in good
797	797	9 standing with the Association of Universities and Colleges of
798	798	10 Canada.
799	799	11 (3) If the institution is located in a foreign country other than
800	800	12 Canada, at the time of the applicant's graduation the
801	801	13 institution:
802	802	14 (A) was recognized by the government of the country
803	803	15 where the school was located as a program to train in the
804	804	16 practice of music therapy; and
805	805	17 (B) maintained a standard of training substantially
806	806	18 equivalent to the standards of institutions accredited by a
807	807	19 regional accrediting body recognized by the Commission
808	808	20 on Recognition of Postsecondary Accreditation.
809	809	21 Sec. 3. An individual who applies for music therapist licensure
810	810	22 under this article may be exempted by the board from the
811	811	23 examination requirement under section 1 of this chapter if the
812	812	24 individual:
813	813	25 (1) is licensed or certified as a music therapist in another state
814	814	26 or jurisdiction and has passed a licensing or certification
815	815	27 examination substantially equivalent to the certification
816	816	28 examination required under this chapter;
817	817	29 (2) has engaged in the practice of music therapy for at least
818	818	30 three (3) of the previous five (5) years;
819	819	31 (3) has passed an examination pertaining to the music therapy
820	820	32 laws and rules of Indiana; and
821	821	33 (4) has not committed any act and is not under investigation
822	822	34 for any act that constitutes a violation of this article.
823	823	35 Sec. 4. (a) A license issued by the board under this chapter is
824	824	36 valid for the remainder of the renewal period in effect on the date
825	825	37 the license was issued.
826	826	38 (b) An individual may renew a license by paying a renewal fee
827	827	39 on or before the expiration date of the license.
828	828	40 (c) If an individual fails to pay a renewal fee on or before the
829	829	41 expiration date of a license, the license is invalid.
830	830	42 Sec. 5. (a) The board may reinstate an invalid license up to three
831	831	2023 IN 1546—LS 7066/DI 148 20
832	832	1 (3) years after the expiration date of the license if the individual
833	833	2 holding the invalid license meets the requirements under
834	834	3 IC 25-1-8-6.
835	835	4 (b) If more than three (3) years have elapsed since the date the
836	836	5 license expired, the individual holding the license may renew the
837	837	6 license by satisfying the requirements for renewal established by
838	838	7 the board and meeting the requirements of IC 25-1-8-6.
839	839	8 Sec. 6. (a) The board shall exempt an individual from the
840	840	9 requirements set forth in this article and grant the individual a
841	841	10 music therapy license if the individual meets the following
842	842	11 requirements:
843	843	12 (1) Holds, before July 1, 2024, a bachelor's degree or higher
844	844	13 in music therapy or a related discipline from an eligible
845	845	14 postsecondary educational institution.
846	846	15 (2) Furnishes satisfactory evidence to the board that the
847	847	16 individual does not have a:
848	848	17 (A) conviction for a crime of violence (as defined in
849	849	18 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
850	850	19 (B) conviction in the previous two (2) years that has a
851	851	20 direct bearing on the individual's ability to practice
852	852	21 competently.
853	853	22 (3) Has engaged in the practice of music therapy for at least
854	854	23 three (3) years.
855	855	24 (4) Files an initial application to the board before July 1, 2025.
856	856	25 (b) This section expires January 1, 2026.
857	857	26 Sec. 7. A licensed music therapist may do the following:
858	858	27 (1) Accept referrals for music therapy services from medical,
859	859	28 developmental, mental health, or education professionals,
860	860	29 family members, and client caregivers or others involved and
861	861	30 authorized with the provision of client services. However,
862	862	31 before engaging in the practice of music therapy with:
863	863	32 (A) a client for an identified clinical or developmental
864	864	33 need, the music therapist shall review with the health care
865	865	34 provider involved in the client's care the client's diagnosis,
866	866	35 treatment needs, and treatment plan; and
867	867	36 (B) a client who is a primary or secondary school student
868	868	37 who is referred for an identified educational need, the
869	869	38 music therapist shall review with the individualized family
870	870	39 service plan team or individual education plan team
871	871	40 concerning the student's diagnosis, treatment needs, and
872	872	41 treatment plan.
873	873	42 (2) Conduct a music therapy assessment of a client to
874	874	2023 IN 1546—LS 7066/DI 148 21
875	875	1 determine if music therapy treatment is indicated. If
876	876	2 treatment is indicated, the music therapist shall collect
877	877	3 systematic, comprehensive, and accurate information to
878	878	4 determine the appropriateness and type of music therapy
879	879	5 services to provide for the client.
880	880	6 (3) Develop an individualized music therapy treatment plan
881	881	7 for the client that is based upon the results of the music
882	882	8 therapy assessment. The music therapy treatment plan must
883	883	9 include individualized goals and objectives that focus on the
884	884	10 assessed needs and strengths of the client and specify music
885	885	11 therapy approaches and interventions to be used to address
886	886	12 these goals and objectives.
887	887	13 (4) Implement an individualized music therapy treatment plan
888	888	14 that is consistent with any other developmental, rehabilitative,
889	889	15 habilitative, medical, mental health, preventive, wellness care,
890	890	16 or educational services being provided to the client. When
891	891	17 providing educational or health care services, a music
892	892	18 therapist may not replace the services provided by an
893	893	19 audiologist or a speech-language pathologist.
894	894	20 (5) Evaluate the client's response to music therapy and the
895	895	21 music therapy treatment plan, that includes documenting the
896	896	22 change and progress of the client and suggesting
897	897	23 modifications, as appropriate.
898	898	24 (6) Develop a plan for determining when the provision of
899	899	25 music therapy is no longer needed in collaboration with the
900	900	26 client, physician, or other health care or educational provider
901	901	27 of the client, family members of the client, and any other
902	902	28 appropriate person upon whom the client relies for support.
903	903	29 (7) Minimize any barriers to ensure that the client receives
904	904	30 music therapy in the least restrictive environment.
905	905	31 (8) Collaborate with and educate the client, the client's family,
906	906	32 caregiver, and any other appropriate person regarding the
907	907	33 needs of the client that are being addressed in music therapy
908	908	34 and the manner in which the music therapy treatment
909	909	35 addresses those needs.
910	910	36 (9) Use appropriate knowledge and skills to provide an
911	911	37 informed practice, including use of research, reasoning, and
912	912	38 problem solving skills to determine appropriate actions in the
913	913	39 context of each specific clinical setting.
914	914	40 (10) Provide music therapy to the client in an individual or
915	915	41 group setting.
916	916	42 (11) Provide music therapy that includes music improvisation,
917	917	2023 IN 1546—LS 7066/DI 148 22
918	918	1 receptive music listening, song writing, lyric discussion, music
919	919	2 and imagery, singing, music performance, learning through
920	920	3 music, music combined with other arts, music assisted
921	921	4 relaxation, music based patient education, electronic music
922	922	5 technology, adapted music intervention, and movement to
923	923	6 music.
924	924	7 Sec. 8. A licensed music therapist shall do the following:
925	925	8 (1) When engaging in the practice of music therapy with a
926	926	9 client, the music therapist shall collaborate, as applicable,
927	927	10 with the client's treatment team, including a physician,
928	928	11 psychologist, licensed social worker or clinical social worker,
929	929	12 or other mental health professional.
930	930	13 (2) When engaging in the practice of music therapy with a
931	931	14 client who has a communication disorder, the music therapist
932	932	15 shall collaborate and discuss the music therapy treatment
933	933	16 plan with the client's audiologist or speech-language
934	934	17 pathologist.
935	935	18 SECTION 20. IC 25-23.6-13 IS ADDED TO THE INDIANA
936	936	19 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
937	937	20 [EFFECTIVE JULY 1, 2023]:
938	938	21 Chapter 13. Music Therapist; Unlawful Practices; Penalty
939	939	22 Sec. 1. Beginning July 1, 2024, an individual may not:
940	940	23 (1) profess to be a licensed music therapist;
941	941	24 (2) use the title:
942	942	25 (A) "licensed music therapist"; or
943	943	26 (B) "music therapist"; or
944	944	27 (3) use any other words indicating or implying that the
945	945	28 individual is a licensed music therapist;
946	946	29 unless the individual is licensed under this article.
947	947	30 Sec. 2. This article may not be construed to limit music therapy
948	948	31 services performed by a person who does not use a title specified in
949	949	32 this chapter and who is any of the following:
950	950	33 (1) A licensed, certified, or registered health care professional,
951	951	34 counselor, or educational professional acting within the scope
952	952	35 of the person's license, certificate, or registration.
953	953	36 (2) A student, an intern, or a trainee pursuing a course of
954	954	37 study in a health care profession, counseling, or education or
955	955	38 a course of study to gain licensure under this article.
956	956	39 (3) A nonresident of Indiana if the person performs music
957	957	40 therapy in Indiana for not more than:
958	958	41 (A) five (5) days in any one (1) month; or
959	959	42 (B) fifteen (15) days in any one (1) calendar year;
960	960	2023 IN 1546—LS 7066/DI 148 23
961	961	1 and the person is authorized to perform such services under
962	962	2 the laws of the state or country in which the person resides.
963	963	3 (4) A person who performs music therapy under the
964	964	4 supervision of a music therapist.
965	965	5 Sec. 3. An individual who knowingly and intentionally violates
966	966	6 section 1 of this chapter after July 1, 2024, commits a Class A
967	967	7 misdemeanor.
968	968	8 SECTION 21. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
969	969	9 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
970	970	10 JULY 1, 2023]: Sec. 1. The privileged communication between:
971	971	11 (1) a husband and wife;
972	972	12 (2) a health care provider and the health care provider's patient;
973	973	13 (3) a:
974	974	14 (A) licensed social worker;
975	975	15 (B) licensed clinical social worker;
976	976	16 (C) licensed marriage and family therapist;
977	977	17 (D) licensed mental health counselor;
978	978	18 (E) licensed addiction counselor; or
979	979	19 (F) licensed clinical addiction counselor;
980	980	20 (G) licensed music therapist; or
981	981	21 (H) licensed art therapist;
982	982	22 and a client of any of the professionals described in clauses (A)
983	983	23 through (F); (H);
984	984	24 (4) a school counselor and a student; or
985	985	25 (5) a school psychologist and a student;
986	986	26 is not a ground for excluding evidence in any judicial proceeding
987	987	27 resulting from a report of a child who may be a victim of child abuse
988	988	28 or neglect or relating to the subject matter of the report or failing to
989	989	29 report as required by IC 31-33.
990	990	30 SECTION 22. IC 35-52-25-31.2 IS ADDED TO THE INDIANA
991	991	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
992	992	32 [EFFECTIVE JULY 1, 2023]: Sec. 31.2. IC 25-23.6-4.7-5 defines a
993	993	33 crime concerning unlawful practice of art therapy.
994	994	34 SECTION 23. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
995	995	35 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
996	996	36 JULY 1, 2023]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
997	997	37 marriage and family therapists. a description of services an
998	998	38 individual performs.
999	999	39 SECTION 24. IC 35-52-25-35, 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. 35. IC 25-23.6-11-2 defines a crime concerning
1002	1002	42 marriage and family therapists. the use of a license issued.
1003	1003	2023 IN 1546—LS 7066/DI 148 24
1004	1004	1 SECTION 25. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
1005	1005	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1006	1006	3 JULY 1, 2023]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
1007	1007	4 marriage and family therapists. false or forged information or
1008	1008	5 documents.
1009	1009	6 SECTION 26. IC 35-52-25-36.5 IS ADDED TO THE INDIANA
1010	1010	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
1011	1011	8 [EFFECTIVE JULY 1, 2023]: Sec. 36.5. IC 25-23.6-13-3 defines a
1012	1012	9 crime concerning unlawful practice of music therapy.
1013	1013	10 SECTION 27. [EFFECTIVE JULY 1, 2023] (a) The definitions in
1014	1014	11 IC 25-23.6-1, as amended by this act, apply throughout this
1015	1015	12 SECTION.
1016	1016	13 (b) Notwithstanding IC 25-23.6-2-2(a)(8) and
1017	1017	14 IC 25-23.6-2-2(a)(9), as amended by this act, before July 1, 2024,
1018	1018	15 a music therapist or art therapist member of the board is not
1019	1019	16 required to be licensed under IC 25-23.6.
1020	1020	17 (c) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1021	1021	18 the two (2) members initially appointed to the board under
1022	1022	19 IC 25-23.6-2-2(a)(8), as amended by this act, shall be appointed to
1023	1023	20 terms beginning July 1, 2023, as follows:
1024	1024	21 (1) One (1) music therapist shall be appointed to a term of one
1025	1025	22 (1) year by the governor.
1026	1026	23 (2) One (1) music therapist shall be appointed to a term of
1027	1027	24 three (3) years by the governor.
1028	1028	25 (d) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1029	1029	26 the two (2) members initially appointed to the board under
1030	1030	27 IC 25-23.6-2-2(a)(9), as amended by this act, shall be appointed to
1031	1031	28 terms beginning July 1, 2023, as follows:
1032	1032	29 (1) One (1) art therapist shall be appointed to a term of two
1033	1033	30 (2) years by the governor.
1034	1034	31 (2) One (1) art therapist shall be appointed to a term of four
1035	1035	32 (4) years by the governor.
1036	1036	33 (e) This SECTION expires July 1, 2026.
1037	1037	2023 IN 1546—LS 7066/DI 148