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Indiana Senate Bill SB0338

Indiana 2023 Regular Session

Indiana Senate Bill SB0338 Compare Versions

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1-*SB0338.1*
2-February 10, 2023
1+
2+Introduced Version
33 SENATE BILL No. 338
44 _____
5-DIGEST OF SB 338 (Updated February 8, 2023 11:37 am - DI 104)
6-Citations Affected: IC 25-0.5; IC 25-4.5; IC 25-21.9; IC 25-22.5;
7-IC 31-32; IC 35-52.
8-Synopsis: Art and music therapy. Provides for the licensure of music
9-therapists, art therapists, and art therapist associates by the medical
10-licensing board of Indiana. Establishes requirements and procedures for
11-an individual to be licensed as a music therapist, art therapist, and art
12-therapist associate. Establishes an art therapy advisory council and a
13-music therapy advisory council. Prohibits a person who is not licensed
14-as a music therapist, art therapist, or an art therapist associate from
15-using certain titles or certain words in a title.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 12-15-5-1; IC 16-18-2-295; IC 25-0.5;
7+IC 25-23.6; IC 31-32-11-1; IC 35-52-25.
8+Synopsis: Art and music therapy. Provides that art therapy services
9+provided by a licensed art therapist to an individual who receives
10+mental health services or to an individual who receives services from
11+a community mental health center are reimbursable under Medicaid.
12+Provides for the licensure of music therapists, art therapists, and art
13+therapist associates. Adds music therapists and art therapists to the
14+behavioral health and human services licensing board (board). Creates
15+the music therapist and art therapist sections of the board. Requires
16+music therapists to be licensed. Establishes requirements and
17+procedures for an individual to be licensed as a music therapist, art
18+therapist, and art therapist associate. Prohibits a person who is not
19+licensed as a music therapist, art therapist, or an art therapist associate
20+from using certain titles or certain words in a title. Makes technical and
21+conforming changes.
1622 Effective: July 1, 2023.
17-Becker, Leising, Ford J.D.,
18-Qaddoura, Donato, Crider, Yoder
23+Becker, Leising
1924 January 12, 2023, read first time and referred to Committee on Health and Provider
2025 Services.
21-February 9, 2023, amended, reported favorably — Do Pass.
22-SB 338—LS 6564/DI 148 February 10, 2023
26+2023 IN 338—LS 6564/DI 148 Introduced
2327 First Regular Session of the 123rd General Assembly (2023)
2428 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2529 Constitution) is being amended, the text of the existing provision will appear in this style type,
2630 additions will appear in this style type, and deletions will appear in this style type.
2731 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2832 provision adopted), the text of the new provision will appear in this style type. Also, the
2933 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3034 a new provision to the Indiana Code or the Indiana Constitution.
3135 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3236 between statutes enacted by the 2022 Regular Session of the General Assembly.
3337 SENATE BILL No. 338
3438 A BILL FOR AN ACT to amend the Indiana Code concerning
3539 professions and occupations.
3640 Be it enacted by the General Assembly of the State of Indiana:
37-1 SECTION 1. IC 25-0.5-1-2.4 IS ADDED TO THE INDIANA
38-2 CODE AS A NEW SECTION TO READ AS FOLLOWS
39-3 [EFFECTIVE JULY 1, 2023]: Sec. 2.4. IC 25-1-1.1-4 applies to an
40-4 individual licensed under IC 25-4.5 as an art therapist.
41-5 SECTION 2. IC 25-0.5-1-9.5 IS ADDED TO THE INDIANA
42-6 CODE AS A NEW SECTION TO READ AS FOLLOWS
43-7 [EFFECTIVE JULY 1, 2023]: Sec. 9.5. IC 25-1-1.1-4 applies to an
44-8 individual licensed under IC 25-21.9 as a professional music
45-9 therapist.
46-10 SECTION 3. IC 25-0.5-2-3.5 IS ADDED TO THE INDIANA
47-11 CODE AS A NEW SECTION TO READ AS FOLLOWS
48-12 [EFFECTIVE JULY 1, 2023]: Sec. 3.5. IC 25-1-2-2.1 applies to
49-13 licenses held by art therapists.
50-14 SECTION 4. IC 25-0.5-2-11.5 IS ADDED TO THE INDIANA
51-15 CODE AS A NEW SECTION TO READ AS FOLLOWS
52-16 [EFFECTIVE JULY 1, 2023]: Sec. 11.5. IC 25-1-2-2.1 applies to
53-17 licenses held by professional music therapists.
54-SB 338—LS 6564/DI 148 2
55-1 SECTION 5. IC 25-4.5 IS ADDED TO THE INDIANA CODE AS
56-2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
57-3 2023]:
58-4 ARTICLE 4.5. ART THERAPISTS
59-5 Chapter 1. Definitions
60-6 Sec. 1. The definitions in this chapter apply throughout this
61-7 article.
62-8 Sec. 2. "Art therapist" means an individual who is licensed to
63-9 practice art therapy under this article.
64-10 Sec. 3. "Art therapist associate" means an individual who is
65-11 licensed to practice as an art therapist associate under this article.
66-12 Sec. 4. "Board" refers to the medical licensing board of Indiana.
67-13 Sec. 5. "Council" refers to the art therapy advisory council
68-14 established by IC 25-4.5-2-1.
69-15 Sec. 6. "Practice of art therapy" or "practice art therapy"
70-16 means the application of art, art media, and the creative process in
71-17 the education, assessment, prevention, treatment, and amelioration
72-18 of cognitive, physical, developmental, and behavioral conditions
73-19 and disabilities. The term includes the:
74-20 (1) use of art creation to assess a client's issues with the goal
75-21 of improving physical, psychological, and emotional
76-22 functioning and well-being;
77-23 (2) employment of art based techniques to:
78-24 (A) assess levels of functioning;
79-25 (B) determine treatment goals; and
80-26 (C) implement appropriate interventions;
81-27 to treat a client;
82-28 (3) use of therapeutic interventions to facilitate alternative
83-29 modes of receptive and expressive communication and
84-30 engagement;
85-31 (4) use of art to help clients:
86-32 (A) improve cognitive and sensory motor functions;
87-33 (B) reduce symptoms of depression, anxiety, posttraumatic
88-34 stress, and attachment disorders;
89-35 (C) resolve conflicts and distress;
90-36 (D) develop interpersonal skills;
91-37 (E) manage behavior;
92-38 (F) improve social functioning; and
93-39 (G) achieve self-esteem and self-awareness;
94-40 (5) adjustment of techniques and treatments to address
95-41 multicultural and diversity issues; and
96-42 (6) provision of:
97-SB 338—LS 6564/DI 148 3
98-1 (A) consultation;
99-2 (B) referral;
100-3 (C) crisis intervention;
101-4 (D) client advocacy; and
102-5 (E) education;
103-6 services to clients.
104-7 The term does not include the screening, diagnosis, or assessment
105-8 of any physical, mental, or communication disorder.
106-9 Chapter 2. Art Therapy Advisory Council
107-10 Sec. 1. The art therapy advisory council is established.
108-11 Sec. 2. The council shall consist of members who:
109-12 (1) are familiar with the practice of art therapy; and
110-13 (2) provide the board with expertise and assistance in
111-14 carrying out the board's duties under this chapter.
112-15 Sec. 3. The council consists of five (5) members appointed by the
113-16 board. The council must include the following:
114-17 (1) Three (3) members who are licensed art therapists.
115-18 (2) One (1) member who is a licensed health care provider
116-19 who is not an art therapist.
117-20 (3) One (1) member who is a consumer.
118-21 A council member may be either a legislator or a lay member.
119-22 Sec. 4. (a) A member serves a term of four (4) years.
120-23 (b) A vacancy in the council membership shall be filled in the
121-24 same manner as a regular appointment. A member appointed to
122-25 fill a vacancy in the membership of the council may serve only for
123-26 the unexpired portion of the original, vacated term, but may be
124-27 reappointed by the board.
125-28 (c) A member serves without compensation.
126-29 Sec. 5. (a) Notwithstanding section 3(1) of this chapter, before
127-30 July 1, 2024, a member is not required to be licensed under this
128-31 article.
129-32 (b) Notwithstanding section 4 of this chapter, the three (3)
130-33 members initially appointed to the council under section 3(1) of
131-34 this chapter shall be appointed to terms beginning July 1, 2023, as
132-35 follows:
133-36 (1) One (1) member shall be appointed to a term of two (2)
134-37 years by the board.
135-38 (2) Two (2) members shall be appointed to a term of four (4)
136-39 years by the board.
137-40 (c) Upon expiration of an initial term under subsection (b), all
138-41 member appointments are for a term of four (4) years.
139-42 (d) The board may reappoint a member whose term expires.
140-SB 338—LS 6564/DI 148 4
141-1 Sec. 6. The council shall meet at least one (1) time annually and
142-2 at other times as called by the board.
143-3 Sec. 7. The board shall consult with the council:
144-4 (1) on issues related to art therapy; and
145-5 (2) before setting or changing fees under this article.
146-6 Sec. 8. The council may do the following:
147-7 (1) Facilitate the development of materials that the board may
148-8 use to educate the public concerning:
149-9 (A) art therapist licensure;
150-10 (B) the benefits of art therapy; and
151-11 (C) the use of art therapy:
152-12 (i) by individuals; and
153-13 (ii) in facilities or institutional settings.
154-14 (2) Act as a facilitator of statewide dissemination of
155-15 information between:
156-16 (A) the board; and
157-17 (B) any of the following:
158-18 (i) Art therapists.
159-19 (ii) The American Art Therapy Association or any
160-20 successor organization.
161-21 (iii) The Commission on Accreditation of Allied Health
162-22 Education Programs, the Art Therapy Credentials
163-23 Board, or any successor organization.
164-24 Sec. 9. The council shall, at least annually, provide analysis of:
165-25 (1) disciplinary actions taken;
166-26 (2) appeals and denials; or
167-27 (3) revocation of licenses.
168-28 Chapter 3. Art Therapist Licensure
169-29 Sec. 1. (a) An individual who applies to be licensed as an art
170-30 therapist must furnish satisfactory evidence to the board that the
171-31 individual:
172-32 (1) has received:
173-33 (A) a master's or doctoral degree from an accredited
174-34 postsecondary educational institution in a program in art
175-35 therapy, or a related field as approved by the board, that:
176-36 (i) is approved by the American Art Therapy Association
177-37 or accredited by the Commission on Accreditation of
178-38 Allied Health Education Programs; or
179-39 (ii) is determined by the board to be substantially
180-40 equivalent to an approved or accredited program in art
181-41 therapy under sections 3 and 4 of this chapter; or
182-42 (B) at least a master's degree from an accredited
183-SB 338—LS 6564/DI 148 5
184-1 postsecondary educational institution in a program or
185-2 course of studies that:
186-3 (i) is determined by the board to meet the educational
187-4 requirements under sections 3 and 4 of this chapter; or
188-5 (ii) has been accepted by the Art Therapy Credentials
189-6 Board, Inc., or a successor organization, as meeting the
190-7 educational requirements to qualify an individual for a
191-8 credential as a registered art therapist;
192-9 (2) has met the work experience requirements under section
193-10 5 of this chapter;
194-11 (3) has not been convicted of a crime that has a direct bearing
195-12 on the individual's ability to practice competently;
196-13 (4) has not been the subject of a disciplinary action by a
197-14 licensing or certification agency of another state or
198-15 jurisdiction prohibiting the individual from practicing as an
199-16 art therapist or art therapist associate;
200-17 (5) pays the fee established by the board; and
201-18 (6) has passed an examination provided by the board.
202-19 (b) An individual who applies to be licensed as an art therapist
203-20 under this section, except as provided in section 14 of this chapter,
204-21 must furnish satisfactory evidence to the board that the individual:
205-22 (1) holds a valid art therapist associate license issued under
206-23 section 8 of this chapter and has met the work experience
207-24 requirements under section 5 of this chapter;
208-25 (2) has met the work experience requirements under section
209-26 5 of this chapter in another state or jurisdiction; or
210-27 (3) is licensed or certified to practice as an art therapist in
211-28 another state or jurisdiction under section 12 of this chapter.
212-29 (c) The board may not establish any fee under this article that
213-30 is more than fifty dollars ($50).
214-31 Sec. 2. (a) An individual who applies to be licensed as an art
215-32 therapist associate must furnish satisfactory evidence to the board
216-33 that the individual has:
217-34 (1) received a master's or doctoral degree in art therapy that
218-35 meets the requirements under section 1(a)(1) of this chapter;
219-36 (2) not been convicted of a crime that has a direct bearing on
220-37 the individual's ability to practice competently;
221-38 (3) not been the subject of a disciplinary action by a licensing
222-39 or certification agency of another state or jurisdiction
223-40 prohibiting the individual from practicing as an art therapist
224-41 or art therapist associate; and
225-42 (4) paid a fee established by the board.
226-SB 338—LS 6564/DI 148 6
227-1 The board may not establish any fee under this article that is more
228-2 than fifty dollars ($50).
229-3 (b) The board may require an individual who applies to be
230-4 licensed as an art therapist associate to pass an examination
231-5 administered by an entity approved by the board.
232-6 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
233-7 of this chapter, an individual who applies for a license as an art
234-8 therapist or as an art therapist associate must have:
235-9 (1) received a master's or doctoral degree that meets the
236-10 educational requirements for licensure under section 1(a) of
237-11 this chapter; and
238-12 (2) attended an eligible postsecondary educational institution
239-13 that meets the following requirements:
240-14 (A) If the institution is located in the United States or a
241-15 territory of the United States, the institution must be
242-16 accredited by a regional accrediting body recognized by
243-17 the Council for Higher Education Accreditation.
244-18 (B) If the institution is located in Canada, the institution
245-19 must be a member in good standing with the Association of
246-20 Universities and Colleges of Canada.
247-21 (C) If the institution is located in a foreign country other
248-22 than Canada, the institution must:
249-23 (i) be recognized as a program to train in the practice of
250-24 mental health counseling or psychotherapy; and
251-25 (ii) have maintained a standard of training that is
252-26 substantially equivalent to the standards of institutions
253-27 accredited by a regional accrediting body recognized by
254-28 the Council for Higher Education Accreditation.
255-29 (b) An individual who applies to be licensed as an art therapist
256-30 under section 1 of this chapter or as an art therapist associate
257-31 under section 2 of this chapter and who has a master's or doctoral
258-32 degree from a program that did not emphasize art therapy may
259-33 complete the course work requirements from an institution:
260-34 (1) with a program in art therapy accredited by the
261-35 Commission on Accreditation of Allied Health Education
262-36 Programs; or
263-37 (2) that is accredited by a regional accrediting body
264-38 recognized by the Council for Higher Education
265-39 Accreditation, as approved by the board.
266-40 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
267-41 of this chapter, the board may determine that an individual's
268-42 graduate level education program or course of study is
269-SB 338—LS 6564/DI 148 7
270-1 substantially equivalent to an approved or accredited program in
271-2 art therapy if the individual has completed the following
272-3 requirements:
273-4 (1) Except as provided in subsection (b), qualifying course
274-5 work that must include graduate level course credits in at
275-6 least the following content areas:
276-7 (A) Application of art therapy with people in different
277-8 treatment settings.
278-9 (B) Art therapy assessment.
279-10 (C) Counseling or psychological theories.
280-11 (D) Ethical and legal issues of art therapy practice.
281-12 (E) Group art therapy.
282-13 (F) History of art therapy.
283-14 (G) Human growth and development.
284-15 (H) Matters of cultural and social diversity bearing on the
285-16 practice of art therapy.
286-17 (I) Psychological assessment.
287-18 (J) Psychopathology or abnormal psychology.
288-19 (K) Research.
289-20 (L) Standards of good art therapy practice.
290-21 (M) Techniques of practice in art therapy.
291-22 (N) Theory of art therapy.
292-23 The content areas may be combined into any one (1) graduate
293-24 level course if the applicant can prove that the course
294-25 included instruction in all cognitive, psychomotor, and
295-26 behavior competencies required in the content area for
296-27 competent entry level practice of art therapy.
297-28 (2) At least one (1):
298-29 (A) supervised clinical practicum of at least one hundred
299-30 (100) hours; or
300-31 (B) qualifying internship or field experience in an art
301-32 therapy setting of at least six hundred (600) hours.
302-33 The requirements under clauses (A) and (B) may be met by
303-34 experience away from a postsecondary educational
304-35 institution, but the experience must be certified by an official
305-36 of that institution as equivalent to a graduate level practicum
306-37 or internship program.
307-38 (b) The following may not be used to satisfy the educational
308-39 requirements under subsection (a):
309-40 (1) Thesis or dissertation work.
310-41 (2) Practicums.
311-42 (3) Internships.
312-SB 338—LS 6564/DI 148 8
313-1 (4) Fieldwork.
314-2 Sec. 5. (a) An individual who applies for a license as an art
315-3 therapist must have:
316-4 (1) at least two (2) years of paid or volunteer supervised work
317-5 experience in the delivery of art therapy services; and
318-6 (2) supervised work experience conducted according to
319-7 requirements in subsections (b) through (g).
320-8 (b) An individual who applies for a license as an art therapist
321-9 must have:
322-10 (1) at least three thousand (3,000) hours of postgraduate work
323-11 experience in a clinical setting under supervision of a qualified
324-12 supervisor;
325-13 (2) at least one thousand (1,000) hours of contact with clients;
326-14 and
327-15 (3) at least one hundred (100) hours of face-to-face supervised
328-16 training with a qualified supervisor.
329-17 (c) A qualified supervisor may be a licensed art therapist, a
330-18 board certified art therapist, or other licensed mental health
331-19 professional who has met standards for supervision specified in
332-20 rules approved by the board.
333-21 (d) A qualified supervisor must observe the successful
334-22 application of art therapy knowledge, skills, and values in the
335-23 diagnosis and treatment of psychological function, disability, or
336-24 impairment.
337-25 (e) Except as provided in subsection (f), the work experience
338-26 requirement may be met by work performed either at the premises
339-27 of the supervisor or away from the premises of the supervisor.
340-28 (f) The work experience requirement may not be performed
341-29 away from the premises of the supervisor if:
342-30 (1) the work premises is the independent private practice of a
343-31 licensed art therapist; and
344-32 (2) the work is not performed at a place that has the
345-33 supervision of a licensed art therapist or qualified supervisor.
346-34 (g) A doctoral internship may be applied toward the supervised
347-35 work experience requirement.
348-36 Sec. 6. An individual who satisfies the requirements of section
349-37 1(a)(1) through 1(a)(5) of this chapter may take the examination
350-38 provided by the board.
351-39 Sec. 7. The board shall provide for examinations to be given at
352-40 least once each year at times and places established by the board.
353-41 Sec. 8. (a) The board shall issue an art therapist license to an
354-42 applicant under section 1 of this chapter who:
355-SB 338—LS 6564/DI 148 9
356-1 (1) achieves a passing score on the examination under this
357-2 chapter; and
358-3 (2) is otherwise qualified under this chapter.
359-4 (b) The board shall issue an art therapist associate license to an
360-5 applicant under section 2 of this chapter who is otherwise qualified
361-6 under this chapter.
362-7 (c) A person issued a license under this section may engage in
363-8 the practice of art therapy.
364-9 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
365-10 issued by the board is valid for the remainder of the renewal
366-11 period in effect on the date the license was issued.
367-12 (b) An individual may renew an art therapist license by:
368-13 (1) paying a renewal fee of not more than fifty dollars ($50) on
369-14 or before the expiration date of the license; and
370-15 (2) completing at least twenty (20) hours of continuing
371-16 education each licensure year.
372-17 (c) If an individual fails to pay a renewal fee on or before the
373-18 expiration of a license, the license becomes invalid.
374-19 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
375-20 license issued by the board is valid for the remainder of the
376-21 renewal period in effect on the date the license was issued.
377-22 (b) An individual may renew an art therapist associate license
378-23 two (2) times by paying a renewal fee on or before the expiration
379-24 date of the license.
380-25 (c) If an individual fails to pay a renewal fee on or before the
381-26 expiration of a license, the license is invalid.
382-27 (d) The board may renew an art therapist associate license for
383-28 additional periods at the board's discretion.
384-29 (e) An art therapist associate license expires when:
385-30 (1) the individual is issued an art therapist license under this
386-31 chapter;
387-32 (2) the board denies the individual's application for an art
388-33 therapist license under this chapter; or
389-34 (3) the individual fails to apply for renewal of the art therapist
390-35 associate license under this chapter.
391-36 Sec. 11. (a) The board may reinstate an invalid art therapist
392-37 license issued under section 9 of this chapter up to three (3) years
393-38 after the expiration date of the license if the individual holding the
394-39 invalid license meets the requirements under IC 25-1-8-6.
395-40 (b) If more than three (3) years have elapsed since the date an
396-41 art therapist license expired, the individual holding the license may
397-42 renew the license by satisfying the requirements for renewal
398-SB 338—LS 6564/DI 148 10
399-1 established by the board and meeting the requirements under
400-2 IC 25-1-8-6.
401-3 (c) The board may reinstate an invalid art therapist associate
402-4 license issued under section 10 of this chapter up to one (1) year
403-5 after the expiration date of the license if the individual holding the
404-6 invalid license meets the requirements under IC 25-1-8-6. An art
405-7 therapist associate license that has been expired for more than one
406-8 (1) year may not be reinstated under IC 25-1-8-6.
407-9 Sec. 12. The board shall issue an art therapist license to an
408-10 individual if the individual:
409-11 (1) has a valid license or certificate to practice art therapy
410-12 from another state or jurisdiction;
411-13 (2) has engaged in at least three (3) years of full-time,
412-14 postdegree practice of art therapy, or its equivalent in
413-15 part-time practice as determined by the board;
414-16 (3) has passed an examination substantially equivalent to the
415-17 examination provided by the board under this chapter;
416-18 (4) has not been the subject of a disciplinary action by a
417-19 licensing or certification agency of another state or
418-20 jurisdiction prohibiting the individual from practicing as an
419-21 art therapist or art therapist associate without endangering
420-22 the public; and
421-23 (5) has paid a fee established by the board.
422-24 The board may not establish a fee that is more than fifty dollars
423-25 ($50).
41+1 SECTION 1. IC 12-15-5-1, AS AMENDED BY P.L.180-2022(ss),
42+2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43+3 JULY 1, 2023]: Sec. 1. (a) Except as provided in IC 12-15-2-12,
44+4 IC 12-15-6, and IC 12-15-21, the following services and supplies are
45+5 provided under Medicaid:
46+6 (1) Inpatient hospital services.
47+7 (2) Nursing facility services.
48+8 (3) Physician's services, including services provided under
49+9 IC 25-10-1 and IC 25-22.5-1.
50+10 (4) Outpatient hospital or clinic services.
51+11 (5) Home health care services.
52+12 (6) Private duty nursing services.
53+13 (7) Physical therapy and related services.
54+14 (8) Dental services.
55+15 (9) Prescribed laboratory and x-ray services.
56+16 (10) Prescribed drugs and pharmacist services.
57+17 (11) Eyeglasses and prosthetic devices.
58+2023 IN 338—LS 6564/DI 148 2
59+1 (12) Optometric services.
60+2 (13) Diagnostic, screening, preventive, and rehabilitative services.
61+3 (14) Podiatric medicine services.
62+4 (15) Hospice services.
63+5 (16) Services or supplies recognized under Indiana law and
64+6 specified under rules adopted by the office.
65+7 (17) Family planning services except the performance of
66+8 abortions.
67+9 (18) Nonmedical nursing care given in accordance with the tenets
68+10 and practices of a recognized church or religious denomination to
69+11 an individual qualified for Medicaid who depends upon healing
70+12 by prayer and spiritual means alone in accordance with the tenets
71+13 and practices of the individual's church or religious denomination.
72+14 (19) Services provided to individuals described in IC 12-15-2-8.
73+15 (20) Services provided under IC 12-15-34 and IC 12-15-32.
74+16 (21) Case management services provided to individuals described
75+17 in IC 12-15-2-13.
76+18 (22) Any other type of remedial care recognized under Indiana
77+19 law and specified by the United States Secretary of Health and
78+20 Human Services.
79+21 (23) Examinations required under IC 16-41-17-2(a)(10).
80+22 (24) Inpatient substance abuse detoxification services.
81+23 (25) Chronic pain management.
82+24 (26) Donated breast milk that meets requirements developed by
83+25 the office of Medicaid policy and planning.
84+26 (27) Art therapy provided by an art therapist licensed under
85+27 IC 25-23.6-10.8 to an individual who receives:
86+28 (A) mental health services under IC 12-17.6-4-2; or
87+29 (B) services from a community mental health center under
88+30 IC 12-29-2.
89+31 (b) The office shall do the following:
90+32 (1) Apply to the United States Department of Health and Human
91+33 Services for any state plan amendment or waiver necessary to
92+34 implement the services or supplies described in subsection
93+35 (a)(26).
94+36 (2) Develop requirements for donated breast milk as described in
95+37 subsection (a)(26).
96+38 (3) As soon as practicable, but not later than January 1, 2023, the
97+39 office shall:
98+40 (A) seek any necessary approval from the United States
99+41 Department of Health and Human Services; and
100+42 (B) adopt any written policies, procedures, or regulations
101+2023 IN 338—LS 6564/DI 148 3
102+1 determined necessary;
103+2 to provide reimbursement for long-acting reversible
104+3 contraception. This subdivision expires June 30, 2023.
105+4 SECTION 2. IC 16-18-2-295, AS AMENDED BY P.L.161-2014,
106+5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
107+6 JULY 1, 2023]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
108+7 has the meaning set forth in IC 16-21-8-0.2.
109+8 (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
110+9 IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the
111+10 following:
112+11 (1) An individual (other than an individual who is an employee or
113+12 a contractor of a hospital, a facility, or an agency described in
114+13 subdivision (2) or (3)) who is licensed, registered, or certified as
115+14 a health care professional, including the following:
116+15 (A) A physician.
117+16 (B) A psychotherapist.
118+17 (C) A dentist.
119+18 (D) A registered nurse.
120+19 (E) A licensed practical nurse.
121+20 (F) An optometrist.
122+21 (G) A podiatrist.
123+22 (H) A chiropractor.
124+23 (I) A physical therapist.
125+24 (J) A psychologist.
126+25 (K) An audiologist.
127+26 (L) A speech-language pathologist.
128+27 (M) A dietitian.
129+28 (N) An occupational therapist.
130+29 (O) A respiratory therapist.
131+30 (P) A pharmacist.
132+31 (Q) A sexual assault nurse examiner.
133+32 (R) An art therapist.
134+33 (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
135+34 described in IC 12-24-1 or IC 12-29.
136+35 (3) A health facility licensed under IC 16-28-2.
137+36 (4) A home health agency licensed under IC 16-27-1.
138+37 (5) An employer of a certified emergency medical technician, a
139+38 certified advanced emergency medical technician, or a licensed
140+39 paramedic.
141+40 (6) The state department or a local health department or an
142+41 employee, agent, designee, or contractor of the state department
143+42 or local health department.
144+2023 IN 338—LS 6564/DI 148 4
145+1 (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
146+2 forth in IC 16-39-7-1(a).
147+3 (d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
148+4 in IC 16-48-1-3.
149+5 SECTION 3. IC 25-0.5-1-14, AS ADDED BY P.L.3-2014,
150+6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
151+7 JULY 1, 2023]: Sec. 14. IC 25-1-1.1-4 applies to an individual licensed
152+8 or certified under IC 25-23.6 (social workers, marriage and family
153+9 therapists, and counselors, and art and music therapists).
154+10 SECTION 4. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
155+11 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
156+12 JULY 1, 2023]: Sec. 22. IC 25-1-2-2.1 applies to licenses held by
157+13 social workers, marriage and family therapists, and mental health
158+14 counselors, music therapists, and art therapists.
159+15 SECTION 5. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
160+16 CODE AS A NEW SECTION TO READ AS FOLLOWS
161+17 [EFFECTIVE JULY 1, 2023]: Sec. 1.6. "Art therapist" means an
162+18 individual who is licensed under IC 25-23.6-10.8-1.
163+19 SECTION 6. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
164+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
165+21 [EFFECTIVE JULY 1, 2023]: Sec. 1.7. "Art therapist associate"
166+22 means an individual who is licensed under IC 25-23.6-10.8-2.
167+23 SECTION 7. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
168+24 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169+25 JULY 1, 2023]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
170+26 "counselor" refers to a social worker, a clinical social worker, a
171+27 marriage and family therapist, a mental health counselor, an addiction
172+28 counselor, or a clinical addiction counselor, a music therapist, an art
173+29 therapist, or an art therapist associate who is licensed under this
174+30 article.
175+31 SECTION 8. IC 25-23.6-1-5.4 IS ADDED TO THE INDIANA
176+32 CODE AS A NEW SECTION TO READ AS FOLLOWS
177+33 [EFFECTIVE JULY 1, 2023]: Sec. 5.4. "Music therapist" means an
178+34 individual who is licensed under IC 25-23.6-12.
179+35 SECTION 9. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
180+36 CODE AS A NEW SECTION TO READ AS FOLLOWS
181+37 [EFFECTIVE JULY 1, 2023]: Sec. 5.8. "Practice of art therapy"
182+38 means the application of art, art media, and the creative process in
183+39 the education, assessment, prevention, treatment, and amelioration
184+40 of cognitive, physical, developmental, and behavioral conditions
185+41 and disabilities. The term includes the:
186+42 (1) use of art creation to assess a client's issues with the goal
187+2023 IN 338—LS 6564/DI 148 5
188+1 of improving physical, psychological, and emotional
189+2 functioning and well-being;
190+3 (2) employment of art based techniques to:
191+4 (A) assess levels of functioning;
192+5 (B) determine treatment goals; and
193+6 (C) implement appropriate interventions;
194+7 to treat a client;
195+8 (3) use of therapeutic interventions to facilitate alternative
196+9 modes of receptive and expressive communication and
197+10 engagement;
198+11 (4) use of art to help clients:
199+12 (A) improve cognitive and sensory motor functions;
200+13 (B) reduce symptoms of depression, anxiety, posttraumatic
201+14 stress, and attachment disorders;
202+15 (C) resolve conflicts and distress;
203+16 (D) develop interpersonal skills;
204+17 (E) manage behavior;
205+18 (F) improve social functioning; and
206+19 (G) achieve self-esteem and self-awareness;
207+20 (5) adjustment of techniques and treatments to address
208+21 multicultural and diversity issues; and
209+22 (6) provision of:
210+23 (A) consultation;
211+24 (B) referral;
212+25 (C) crisis intervention;
213+26 (D) client advocacy; and
214+27 (E) education;
215+28 services to clients.
216+29 SECTION 10. IC 25-23.6-1-7.7 IS ADDED TO THE INDIANA
217+30 CODE AS A NEW SECTION TO READ AS FOLLOWS
218+31 [EFFECTIVE JULY 1, 2023]: Sec. 7.7. (a) "Practice of music
219+32 therapy" means providing professional services that are delivered
220+33 by a music therapist, that use clinical and evidence based music
221+34 interventions to accomplish individualized goals for clients of any
222+35 age or ability level within a therapeutic relationship, and that
223+36 include the following:
224+37 (1) Developing individualized music therapy treatment plans
225+38 specific to the needs and strengths of each client.
226+39 (2) Establishing goals, objectives, and potential strategies of
227+40 the music therapy services that are appropriate for the client
228+41 and setting.
229+42 (b) The term does not include the screening, diagnosis, or
230+2023 IN 338—LS 6564/DI 148 6
231+1 assessment of any physical, mental, or communication disorder.
232+2 SECTION 11. IC 25-23.6-2-2, AS AMENDED BY THE
233+3 TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
234+4 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
235+5 JULY 1, 2023]: Sec. 2. (a) The board consists of ten (10) fifteen (15)
236+6 members appointed by the governor. Subject to IC 25-1-6.5-3, the
237+7 board must include the following:
238+8 (1) Two (2) marriage and family therapists who:
239+9 (A) have at least a master's degree in marriage and family
240+10 therapy or a related field from an eligible postsecondary
241+11 educational institution;
242+12 (B) are licensed under this chapter; article; and
243+13 (C) have five (5) years of experience in marriage and family
244+14 therapy.
245+15 (2) One (1) social worker who:
246+16 (A) has at least a master's degree in social work from an
247+17 eligible postsecondary educational institution accredited by the
248+18 Council on Social Work Education;
249+19 (B) is licensed under this article; and
250+20 (C) has at least five (5) years of experience as a social worker.
251+21 (3) One (1) social services director of a hospital with a social
252+22 work degree who has at least three (3) years of experience in a
253+23 hospital setting.
254+24 (4) Two (2) mental health counselors who:
255+25 (A) have at least a master's degree in mental health counseling;
256+26 (B) are licensed under this article; and
257+27 (C) have at least five (5) years experience as a mental health
258+28 counselor.
259+29 (5) One (1) consumer Two (2) consumers who has have never
260+30 been credentialed under this article.
261+31 (6) One (1) physician licensed under IC 25-22.5 who has training
262+32 in psychiatric medicine.
263+33 (7) Two (2) licensed clinical addiction counselors who:
264+34 (A) are licensed under IC 25-23.6-10.5; and
265+35 (B) have at least five (5) years experience in clinical addiction
266+36 counseling.
267+37 (8) Two (2) music therapists who:
268+38 (A) are licensed under this article; and
269+39 (B) have at least five (5) years experience in music therapy.
270+40 (9) Two (2) art therapists who:
271+41 (A) have at least a master's degree in art therapy;
272+42 (B) are licensed under this article; and
273+2023 IN 338—LS 6564/DI 148 7
274+1 (C) have at least five (5) years experience as an art
275+2 therapist.
276+3 (b) Not more than six (6) eight (8) members of the board may be
277+4 from the same political party.
278+5 (c) A member appointed
279+6 (1) before July 1, 2019, serves a three (3) year term; and
280+7 (2) after June 30, 2019, under this chapter serves a term as
281+8 provided under IC 25-1-6.5.
282+9 SECTION 12. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
283+10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
284+11 JULY 1, 2023]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
285+12 establishing standards for the following:
286+13 (1) The competent practice of marriage and family therapy,
287+14 bachelor's degree social work, social work, clinical social work,
288+15 mental health counseling, addiction counseling, and clinical
289+16 addiction counseling, music therapy, and art therapy.
290+17 (2) The renewal of licenses issued under this article.
291+18 (3) Standards for the administration of this article.
292+19 (4) Continuing education requirements for an individual seeking
293+20 renewal of licensure as a bachelor's degree social worker, social
294+21 worker, clinical social worker, or marriage and family therapist,
295+22 music therapist, art therapist, or an art therapist associate.
296+23 (5) The retention of patient records and reports by a counselor.
297+24 (6) The approval of continuing education providers, programs,
298+25 courses, fees, and proof of course completion.
299+26 (b) The board shall establish fees under IC 25-1-8-2.
300+27 (c) The board shall do the following:
301+28 (1) Consider the qualifications of individuals who apply for a
302+29 license under this article.
303+30 (2) Provide for examinations required under this article.
304+31 (3) Subject to IC 25-1-8-6, renew licenses under this article.
305+32 (4) Conduct proceedings under IC 25-1-9.
306+33 SECTION 13. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
307+34 CODE AS A NEW SECTION TO READ AS FOLLOWS
308+35 [EFFECTIVE JULY 1, 2023]: Sec. 9.7. (a) The art therapist section
309+36 of the board is established. The section consists of the following:
310+37 (1) Two (2) art therapist members of the board.
311+38 (2) Two (2) consumer members of the board.
312+39 (3) One (1) physician member of the board.
313+40 (b) Three (3) members of the art therapist section of the board,
314+41 two (2) of whom must be art therapists, constitute a quorum.
315+42 SECTION 14. IC 25-23.6-2-10.7 IS ADDED TO THE INDIANA
316+2023 IN 338—LS 6564/DI 148 8
317+1 CODE AS A NEW SECTION TO READ AS FOLLOWS
318+2 [EFFECTIVE JULY 1, 2023]: Sec. 10.7. (a) The music therapist
319+3 section of the board is established. The section consists of the
320+4 following:
321+5 (1) Two (2) licensed music therapist members of the board.
322+6 (2) Two (2) consumer members of the board.
323+7 (3) One (1) physician member of the board.
324+8 (b) Three (3) members of the music therapist section of the
325+9 board, two (2) of whom must be music therapists, constitute a
326+10 quorum.
327+11 SECTION 15. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
328+12 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
329+13 JULY 1, 2023]: Sec. 11. The social worker, marriage and family
330+14 therapist, mental health counselor, and addiction counselor, music
331+15 therapist, and art therapist sections of the board shall do the
332+16 following:
333+17 (1) Approve continuing education courses authorized under this
334+18 article.
335+19 (2) Propose rules to the board concerning the practice of the
336+20 profession regulated by each section.
337+21 (3) Other duties as directed by the board.
338+22 SECTION 16. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
339+23 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
340+24 [EFFECTIVE JULY 1, 2023]:
341+25 Chapter 4.7. Art Therapists; Unlawful Practices
342+26 Sec. 1. This chapter applies after December 31, 2023.
343+27 Sec. 2. (a) An individual may not:
344+28 (1) profess to be a licensed art therapist;
345+29 (2) use the title:
346+30 (A) "licensed art therapist"; or
347+31 (B) "art therapist"; or
348+32 (3) use any other words, letters, abbreviations, or insignia
349+33 indicating or implying that the individual is a licensed art
350+34 therapist;
351+35 unless the individual is licensed under this article.
352+36 (b) An individual may not:
353+37 (1) profess to be a licensed art therapist associate;
354+38 (2) use the title:
355+39 (A) "licensed art therapist associate"; or
356+40 (B) "art therapist associate"; or
357+41 (3) use any other words, letters, abbreviations, or insignia
358+42 indicating or implying that the individual is a licensed art
359+2023 IN 338—LS 6564/DI 148 9
360+1 therapist associate;
361+2 unless the individual is licensed under this article.
362+3 Sec. 3. (a) This article may not be construed to limit the practice
363+4 of art therapy performed by an individual who does not use a title
364+5 specified in this chapter and who is any of the following:
365+6 (1) A student, an intern, or a trainee pursuing a course of
366+7 study in art therapy to gain licensure under this article in an
367+8 accredited postsecondary educational institution if:
368+9 (A) the services are performed under qualified supervision
369+10 and constitute a part of the individual's supervised course
370+11 of study or other level of supervision; and
371+12 (B) the student or graduate uses a title that contains the
372+13 term "student", "intern", or "trainee".
373+14 (2) Not a resident of Indiana if the individual performed the
374+15 services in Indiana for not more than five (5) days in any one
375+16 (1) month or fifteen (15) days within any one (1) calendar year
376+17 and the person is authorized to perform such services under
377+18 the laws of the state or country in which the individual
378+19 resides.
379+20 (3) A rabbi, priest, Christian Science practitioner, minister, or
380+21 other member of the clergy.
381+22 (4) An employee or a volunteer for an organization
382+23 performing charitable, religious, or educational functions,
383+24 providing pastoral counseling, or providing other assistance.
384+25 (5) An individual who is licensed or certified by a state or
385+26 national organization that is recognized by the division of
386+27 mental health and addiction and who provides services in the
387+28 areas of alcohol or drug abuse addiction.
388+29 (6) A governmental employee who remains in the same job
389+30 classification or job family of that job classification.
390+31 (b) This article may not be construed to prohibit or limit any
391+32 service or treatment that involves the use of art or art media by a
392+33 licensed health care professional who:
393+34 (1) is acting within the scope of the person's license; and
394+35 (2) does not use a title specified in this article.
395+36 (c) Nothing in this section prohibits a person referred to in
396+37 subsection (a) from qualifying for licensure under this article.
397+38 Sec. 4. (a) An individual who is licensed as an art therapist shall:
398+39 (1) display the license or a clear copy of the license at each
399+40 location where the art therapist regularly practices; and
400+41 (2) include the words "art therapist" or the letters "AT" on
401+42 all promotional materials, including business cards,
402+2023 IN 338—LS 6564/DI 148 10
403+1 brochures, stationery, advertisements, and signs that name
404+2 the individual.
405+3 (b) An individual who is licensed as an art therapist associate
406+4 shall:
407+5 (1) display the license or a clear copy of the license at each
408+6 location where the art therapist associate regularly practices;
409+7 and
410+8 (2) include the words "art therapist associate" or the letters
411+9 "ATA" on all promotional materials, including business
412+10 cards, brochures, stationery, advertisements, and signs that
413+11 name the individual.
414+12 Sec. 5. An individual who knowingly or intentionally violates
415+13 section 2 or 4 of this chapter after December 31, 2023, commits a
416+14 Class A misdemeanor.
417+15 SECTION 17. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
418+16 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
419+17 JULY 1, 2023]: Sec. 2. (a) This article may not be construed to limit
420+18 addiction counselor or clinical addiction counselor services performed
421+19 by a person who does not use a title specified in this article and who is
422+20 any of the following:
423+21 (1) A licensed or certified health care professional acting within
424+22 the scope of the person's license or certificate, including: a:
425+23 (A) a social worker licensed under this article;
426+24 (B) a clinical social worker licensed under this article;
427+25 (C) a marriage and family therapist licensed under this article;
428+26 (D) a mental health counselor licensed under this article;
429+27 (E) a psychologist licensed under IC 25-33;
430+28 (F) a physician licensed under IC 25-22.5; or
431+29 (G) a nurse licensed under IC 25-23;
432+30 (H) an art therapist or art therapist associate licensed
433+31 under this article; or
434+32 (I) a music therapist licensed under this article;
435+33 and who has training and experience in addiction counseling.
436+34 (2) A student, an intern, or a trainee pursuing a course of study in
437+35 medicine or psychology or a course of study to gain licensure
438+36 under this article as follows:
439+37 (A) In an accredited eligible postsecondary educational
440+38 institution or training institution recognized by the Council for
441+39 Higher Education Accreditation (CHEA) for undergraduate
442+40 and graduate institutions. Accreditation by the Council for
443+41 Accreditation of Counseling and Related Educational
444+42 Programs or a substantially equivalent accreditation program
445+2023 IN 338—LS 6564/DI 148 11
446+1 approved by the board is required for graduate institutions.
447+2 (B) Through a National Association of Alcohol and Drug
448+3 Abuse Counselors approved academic education provider; or
449+4 (C) By a graduate accumulating experience required for
450+5 licensure if:
451+6 (i) the services are performed under qualified supervision
452+7 and constitute a part of the person's supervised course of
453+8 study or other level of supervision; and
454+9 (ii) the student or graduate uses a title that contains the term
455+10 "intern", "student", or "trainee".
456+11 (3) A nonresident of Indiana if the person performs addiction
457+12 counseling or therapy in Indiana for not more than:
458+13 (A) five (5) days in any one (1) month; or
459+14 (B) fifteen (15) days in any one (1) calendar year;
460+15 and the person is authorized to perform such services under the
461+16 laws of the state or country in which the person resides.
462+17 (4) A rabbi, priest, Christian Science practitioner, minister, or
463+18 other member of the clergy.
464+19 (5) An employee or a volunteer for an organization performing
465+20 charitable, religious, or educational functions or providing
466+21 pastoral counseling or other assistance.
467+22 (6) A person who provides school counseling.
468+23 (7) A governmental employee who remains in the same job
469+24 classification or job family of that job classification.
470+25 (8) An employee of a court alcohol and drug program, a drug
471+26 court, or a reentry court certified by the office of judicial
472+27 administration when performing assigned job duties.
473+28 (9) A probation officer when performing assigned job duties.
474+29 (b) This section does not prohibit a person referred to in subsection
475+30 (a) from qualifying for licensure under this article.
476+31 SECTION 18. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
477+32 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
478+33 [EFFECTIVE JULY 1, 2023]:
479+34 Chapter 10.8. Art Therapist Licensure
480+35 Sec. 1. (a) An individual who applies to be licensed as an art
481+36 therapist must furnish satisfactory evidence to the board that the
482+37 individual:
483+38 (1) has received:
484+39 (A) a master's or doctoral degree from an accredited
485+40 postsecondary educational institution in a program in art
486+41 therapy, or a related field as approved by the board, that:
487+42 (i) is approved by the American Art Therapy Association
488+2023 IN 338—LS 6564/DI 148 12
489+1 or accredited by the Commission on Accreditation of
490+2 Allied Health Education Programs; or
491+3 (ii) is determined by the board to be substantially
492+4 equivalent to an approved or accredited program in art
493+5 therapy under sections 3 and 4 of this chapter; or
494+6 (B) at least a master's degree from an accredited
495+7 postsecondary educational institution in a program or
496+8 course of studies that:
497+9 (i) is determined by the board to meet the educational
498+10 requirements under sections 3 and 4 of this chapter; or
499+11 (ii) has been accepted by the Art Therapy Credentials
500+12 Board, Inc., or a successor organization, as meeting the
501+13 educational requirements to qualify an individual for a
502+14 credential as a registered art therapist;
503+15 (2) has met the work experience requirements under section
504+16 5 of this chapter;
505+17 (3) has not been convicted of a crime that has a direct bearing
506+18 on the individual's ability to practice competently;
507+19 (4) has not been the subject of a disciplinary action by a
508+20 licensing or certification agency of another state or
509+21 jurisdiction prohibiting the individual from practicing as an
510+22 art therapist or art therapist associate;
511+23 (5) pays the fee established by the board; and
512+24 (6) has passed an examination provided by the board.
513+25 (b) An individual who applies to be licensed as an art therapist
514+26 under this section, except as provided in section 14 of this chapter,
515+27 must furnish satisfactory evidence to the board that the individual:
516+28 (1) holds a valid art therapist associate license issued under
517+29 section 8 of this chapter and has met the work experience
518+30 requirements under section 5 of this chapter;
519+31 (2) has met the work experience requirements under section
520+32 5 of this chapter in another state or jurisdiction; or
521+33 (3) is licensed or certified to practice as an art therapist in
522+34 another state or jurisdiction under section 12 of this chapter.
523+35 Sec. 2. (a) An individual who applies to be licensed as an art
524+36 therapist associate must furnish satisfactory evidence to the board
525+37 that the individual has:
526+38 (1) received a master's or doctoral degree in art therapy that
527+39 meets the requirements under section 1(a)(1) of this chapter;
528+40 (2) not been convicted of a crime that has a direct bearing on
529+41 the individual's ability to practice competently;
530+42 (3) not been the subject of a disciplinary action by a licensing
531+2023 IN 338—LS 6564/DI 148 13
532+1 or certification agency of another state or jurisdiction
533+2 prohibiting the individual from practicing as an art therapist
534+3 or art therapist associate; and
535+4 (4) paid a fee established by the board.
536+5 (b) The board may require an individual who applies to be
537+6 licensed as an art therapist associate to pass an examination
538+7 administered by an entity approved by the board.
539+8 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
540+9 of this chapter, an individual who applies for a license as an art
541+10 therapist or as an art therapist associate must have:
542+11 (1) received a master's or doctoral degree that meets the
543+12 educational requirements for licensure under section 1(a) of
544+13 this chapter; and
545+14 (2) attended an eligible postsecondary educational institution
546+15 that meets the following requirements:
547+16 (A) If the institution is located in the United States or a
548+17 territory of the United States, the institution must be
549+18 accredited by a regional accrediting body recognized by
550+19 the Council for Higher Education Accreditation.
551+20 (B) If the institution is located in Canada, the institution
552+21 must be a member in good standing with the Association of
553+22 Universities and Colleges of Canada.
554+23 (C) If the institution is located in a foreign country other
555+24 than Canada, the institution must:
556+25 (i) be recognized as a program to train in the practice of
557+26 mental health counseling or psychotherapy; and
558+27 (ii) have maintained a standard of training that is
559+28 substantially equivalent to the standards of institutions
560+29 accredited by a regional accrediting body recognized by
561+30 the Council for Higher Education Accreditation.
562+31 (b) An individual who applies to be licensed as an art therapist
563+32 under section 1 of this chapter or as an art therapist associate
564+33 under section 2 of this chapter and who has a master's or doctoral
565+34 degree from a program that did not emphasize art therapy may
566+35 complete the course work requirements from an institution:
567+36 (1) with a program in art therapy accredited by the
568+37 Commission on Accreditation of Allied Health Education
569+38 Programs; or
570+39 (2) that is accredited by a regional accrediting body
571+40 recognized by the Council for Higher Education
572+41 Accreditation, as approved by the board.
573+42 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
574+2023 IN 338—LS 6564/DI 148 14
575+1 of this chapter, the board may determine that an individual's
576+2 graduate level education program or course of study is
577+3 substantially equivalent to an approved or accredited program in
578+4 art therapy if the individual has completed the following
579+5 requirements:
580+6 (1) Except as provided in subsection (b), qualifying course
581+7 work that must include graduate level course credits in at
582+8 least the following content areas:
583+9 (A) Application of art therapy with people in different
584+10 treatment settings.
585+11 (B) Art therapy assessment.
586+12 (C) Counseling or psychological theories.
587+13 (D) Ethical and legal issues of art therapy practice.
588+14 (E) Group art therapy.
589+15 (F) History of art therapy.
590+16 (G) Human growth and development.
591+17 (H) Matters of cultural and social diversity bearing on the
592+18 practice of art therapy.
593+19 (I) Psychological assessment.
594+20 (J) Psychopathology or abnormal psychology.
595+21 (K) Research.
596+22 (L) Standards of good art therapy practice.
597+23 (M) Techniques of practice in art therapy.
598+24 (N) Theory of art therapy.
599+25 The content areas may be combined into any one (1) graduate
600+26 level course if the applicant can prove that the course
601+27 included instruction in all cognitive, psychomotor, and
602+28 behavior competencies required in the content area for
603+29 competent entry level practice of art therapy.
604+30 (2) At least one (1):
605+31 (A) supervised clinical practicum of at least one hundred
606+32 (100) hours; or
607+33 (B) qualifying internship or field experience in an art
608+34 therapy setting of at least six hundred (600) hours.
609+35 The requirements under clauses (A) and (B) may be met by
610+36 experience away from a postsecondary educational
611+37 institution, but the experience must be certified by an official
612+38 of that institution as equivalent to a graduate level practicum
613+39 or internship program.
614+40 (b) The following may not be used to satisfy the educational
615+41 requirements under subsection (a):
616+42 (1) Thesis or dissertation work.
617+2023 IN 338—LS 6564/DI 148 15
618+1 (2) Practicums.
619+2 (3) Internships.
620+3 (4) Fieldwork.
621+4 Sec. 5. (a) An individual who applies for a license as an art
622+5 therapist must have:
623+6 (1) at least two (2) years of paid or volunteer supervised work
624+7 experience in the delivery of art therapy services; and
625+8 (2) supervised work experience conducted according to
626+9 requirements in subsections (b) through (g).
627+10 (b) An individual who applies for a license as an art therapist
628+11 must have:
629+12 (1) at least three thousand (3,000) hours of postgraduate work
630+13 experience in a clinical setting under supervision of a qualified
631+14 supervisor;
632+15 (2) at least one thousand (1,000) hours of contact with clients;
633+16 and
634+17 (3) at least one hundred (100) hours of face-to-face supervised
635+18 training with a qualified supervisor.
636+19 (c) A qualified supervisor may be a licensed art therapist, a
637+20 board certified art therapist, or other licensed mental health
638+21 professional who has met standards for supervision specified in
639+22 rules approved by the board.
640+23 (d) A qualified supervisor must observe the successful
641+24 application of art therapy knowledge, skills, and values in the
642+25 diagnosis and treatment of psychological function, disability, or
643+26 impairment.
644+27 (e) Except as provided in subsection (f), the work experience
645+28 requirement may be met by work performed either at the premises
646+29 of the supervisor or away from the premises of the supervisor.
647+30 (f) The work experience requirement may not be performed
648+31 away from the premises of the supervisor if:
649+32 (1) the work premises is the independent private practice of a
650+33 licensed art therapist; and
651+34 (2) the work is not performed at a place that has the
652+35 supervision of a licensed art therapist or qualified supervisor.
653+36 (g) A doctoral internship may be applied toward the supervised
654+37 work experience requirement.
655+38 Sec. 6. An individual who satisfies the requirements of section
656+39 1(a)(1) through 1(a)(5) of this chapter may take the examination
657+40 provided by the board.
658+41 Sec. 7. The board shall provide for examinations to be given at
659+42 least once each year at times and places established by the board.
660+2023 IN 338—LS 6564/DI 148 16
661+1 Sec. 8. (a) The board shall issue an art therapist license to an
662+2 applicant under section 1 of this chapter who:
663+3 (1) achieves a passing score on the examination under this
664+4 chapter; and
665+5 (2) is otherwise qualified under this chapter.
666+6 (b) The board shall issue an art therapist associate license to an
667+7 applicant under section 2 of this chapter who is otherwise qualified
668+8 under this chapter.
669+9 (c) A person issued a license under this section may engage in
670+10 the practice of art therapy.
671+11 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
672+12 issued by the board is valid for the remainder of the renewal
673+13 period in effect on the date the license was issued.
674+14 (b) An individual may renew an art therapist license by:
675+15 (1) paying a renewal fee on or before the expiration date of
676+16 the license; and
677+17 (2) completing at least twenty (20) hours of continuing
678+18 education each licensure year.
679+19 (c) If an individual fails to pay a renewal fee on or before the
680+20 expiration of a license, the license becomes invalid.
681+21 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
682+22 license issued by the board is valid for the remainder of the
683+23 renewal period in effect on the date the license was issued.
684+24 (b) An individual may renew an art therapist associate license
685+25 two (2) times by paying a renewal fee on or before the expiration
686+26 date of the license.
687+27 (c) If an individual fails to pay a renewal fee on or before the
688+28 expiration of a license, the license is invalid.
689+29 (d) The board may renew an art therapist associate license for
690+30 additional periods at the board's discretion.
691+31 (e) An art therapist associate license expires when:
692+32 (1) the individual is issued an art therapist license under this
693+33 chapter;
694+34 (2) the board denies the individual's application for an art
695+35 therapist license under this chapter; or
696+36 (3) the individual fails to apply for renewal of the art therapist
697+37 associate license under this chapter.
698+38 Sec. 11. (a) The board may reinstate an invalid art therapist
699+39 license issued under section 9 of this chapter up to three (3) years
700+40 after the expiration date of the license if the individual holding the
701+41 invalid license meets the requirements under IC 25-1-8-6.
702+42 (b) If more than three (3) years have elapsed since the date an
703+2023 IN 338—LS 6564/DI 148 17
704+1 art therapist license expired, the individual holding the license may
705+2 renew the license by satisfying the requirements for renewal
706+3 established by the board and meeting the requirements under
707+4 IC 25-1-8-6.
708+5 (c) The board may reinstate an invalid art therapist associate
709+6 license issued under section 10 of this chapter up to one (1) year
710+7 after the expiration date of the license if the individual holding the
711+8 invalid license meets the requirements under IC 25-1-8-6. An art
712+9 therapist associate license that has been expired for more than one
713+10 (1) year may not be reinstated under IC 25-1-8-6.
714+11 Sec. 12. The board shall issue an art therapist license to an
715+12 individual if the individual:
716+13 (1) has a valid license or certificate to practice art therapy
717+14 from another state or jurisdiction;
718+15 (2) has engaged in at least three (3) years of full-time,
719+16 postdegree practice of art therapy, or its equivalent in
720+17 part-time practice as determined by the board;
721+18 (3) has passed an examination substantially equivalent to the
722+19 examination provided by the board under this chapter;
723+20 (4) has not been the subject of a disciplinary action by a
724+21 licensing or certification agency of another state or
725+22 jurisdiction prohibiting the individual from practicing as an
726+23 art therapist or art therapist associate without endangering
727+24 the public; and
728+25 (5) has paid a fee established by the board.
424729 26 Sec. 13. (a) An individual who has an art therapist license under
425730 27 this chapter shall notify the board in writing when the individual
426731 28 retires from practice.
427732 29 (b) Upon receipt of the notice, the board shall:
428733 30 (1) record the individual as retired;
429734 31 (2) release the individual from further payment of renewal
430735 32 fees; and
431736 33 (3) release the individual from further continuing education
432737 34 requirements.
433738 35 Sec. 14. The board may waive the requirements of section
434739 36 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy license
435740 37 to an individual who furnishes satisfactory evidence to the board
436741 38 that the individual:
437742 39 (1) is a resident of Indiana;
438743 40 (2) holds a credential in good standing as a board certified art
439744 41 therapist with the Art Therapy Credentials Board;
440745 42 (3) has at least three (3) years of full-time, postdegree practice
441-SB 338—LS 6564/DI 148 11
746+2023 IN 338—LS 6564/DI 148 18
442747 1 of art therapy, or its equivalent in part-time practice prior to
443748 2 submitting an application to the board;
444749 3 (4) does not have a conviction for a crime that has a direct
445750 4 bearing on the individual's ability to practice competently;
446751 5 (5) has not been the subject of a disciplinary action by a
447752 6 licensing or certification agency of another state or
448753 7 jurisdiction prohibiting the individual from practicing as an
449754 8 art therapist or art therapist associate without endangering
450755 9 the public; and
451756 10 (6) has paid the fee established by the board.
452-11 The board may not establish a fee that is more than fifty dollars
453-12 ($50).
454-13 Chapter 4. Art Therapists; Unlawful Practices
455-14 Sec. 1. This chapter applies after December 31, 2023.
456-15 Sec. 2. (a) An individual may not:
457-16 (1) profess to be a licensed art therapist;
458-17 (2) use the title:
459-18 (A) "licensed art therapist"; or
460-19 (B) "art therapist"; or
461-20 (3) use any other words, letters, abbreviations, or insignia
462-21 indicating or implying that the individual is a licensed art
463-22 therapist;
464-23 unless the individual is licensed under this article.
465-24 (b) An individual may not:
466-25 (1) profess to be a licensed art therapist associate;
467-26 (2) use the title:
468-27 (A) "licensed art therapist associate"; or
469-28 (B) "art therapist associate"; or
470-29 (3) use any other words, letters, abbreviations, or insignia
471-30 indicating or implying that the individual is a licensed art
472-31 therapist associate;
473-32 unless the individual is licensed under this article.
474-33 Sec. 3. (a) This article may not be construed to limit the practice
475-34 of art therapy performed by an individual who does not use a title
476-35 specified in this chapter and who is any of the following:
477-36 (1) A student, an intern, or a trainee pursuing a course of
478-37 study in art therapy to gain licensure under this article in an
479-38 accredited postsecondary educational institution if:
480-39 (A) the services are performed under qualified supervision
481-40 and constitute a part of the individual's supervised course
482-41 of study or other level of supervision; and
483-42 (B) the student or graduate uses a title that contains the
484-SB 338—LS 6564/DI 148 12
485-1 term "student", "intern", or "trainee".
486-2 (2) Not a resident of Indiana if the individual performed the
487-3 services in Indiana for not more than five (5) days in any one
488-4 (1) month or fifteen (15) days within any one (1) calendar year
489-5 and the person is authorized to perform such services under
490-6 the laws of the state or country in which the individual
491-7 resides.
492-8 (3) A rabbi, priest, Christian Science practitioner, minister, or
493-9 other member of the clergy.
494-10 (4) An employee or a volunteer for an organization
495-11 performing charitable, religious, or educational functions,
496-12 providing pastoral counseling, or providing other assistance.
497-13 (5) An individual who is licensed or certified by a state or
498-14 national organization that is recognized by the division of
499-15 mental health and addiction and who provides services in the
500-16 areas of alcohol or drug abuse addiction.
501-17 (6) A governmental employee who remains in the same job
502-18 classification or job family of that job classification.
503-19 (b) This article may not be construed to prohibit or limit any
504-20 service or treatment that involves the use of art or art media by a
505-21 licensed health care professional who:
506-22 (1) is acting within the scope of the person's license; and
507-23 (2) does not use a title specified in this article.
508-24 (c) Nothing in this section prohibits a person referred to in
509-25 subsection (a) from qualifying for licensure under this article.
510-26 Sec. 4. (a) When providing educational or health care services,
511-27 a licensed art therapist or art therapist associate may not replace
512-28 the services provided by an audiologist or a speech-language
513-29 pathologist.
514-30 (b) An art therapist may not provide art therapy for the
515-31 treatment of any psychological function, disability, or impairment
516-32 that requires a diagnosis by a licensed professional. However, an
517-33 art therapist may provide art therapy as part of a treatment plan
518-34 established by an appropriate licensed professional. Nothing in this
519-35 section shall be construed to prevent an art therapist from
520-36 providing art therapy for a purpose that does not require a
521-37 diagnosis by a licensed professional.
522-38 Sec. 5. (a) An individual who is licensed as an art therapist shall:
523-39 (1) display the license or a clear copy of the license at each
524-40 location where the art therapist regularly practices; and
525-41 (2) include the words "art therapist" or the letters "AT" on
526-42 all promotional materials, including business cards,
527-SB 338—LS 6564/DI 148 13
528-1 brochures, stationery, advertisements, and signs that name
529-2 the individual.
530-3 (b) An individual who is licensed as an art therapist associate
531-4 shall:
532-5 (1) display the license or a clear copy of the license at each
533-6 location where the art therapist associate regularly practices;
534-7 and
535-8 (2) include the words "art therapist associate" or the letters
536-9 "ATA" on all promotional materials, including business
537-10 cards, brochures, stationery, advertisements, and signs that
538-11 name the individual.
539-12 Sec. 6. An individual who knowingly or intentionally violates
540-13 section 2 or 5 of this chapter after December 31, 2023, commits a
541-14 Class A misdemeanor.
542-15 SECTION 6. IC 25-21.9 IS ADDED TO THE INDIANA CODE AS
543-16 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
544-17 2023]:
545-18 ARTICLE 21.9. LICENSED PROFESSIONAL MUSIC
546-19 THERAPISTS
547-20 Chapter 1. Definitions
548-21 Sec. 1. The definitions in this chapter apply throughout this
549-22 article.
550-23 Sec. 2. "Applicant" means an individual who applies to the
551-24 board for a license to practice music therapy.
552-25 Sec. 3. "Board" refers to the medical licensing board of Indiana.
553-26 Sec. 4. "Board certified music therapist" means an individual
554-27 who holds a current board certification from the Certification
555-28 Board for Music Therapists.
556-29 Sec. 5. "Council" refers to the music therapy advisory council
557-30 established by IC 25-21.9-2-1.
558-31 Sec. 6. "Licensed professional music therapist" means a person
559-32 licensed to practice music therapy under this article.
560-33 Sec. 7. (a) "Practice of music therapy" or "practice music
561-34 therapy" means providing professional services that:
562-35 (1) are delivered by a board certified music therapist;
563-36 (2) use clinical and evidence based music interventions to
564-37 accomplish individualized goals for clients of any age or
565-38 ability level within a therapeutic relationship; and
566-39 (3) include:
567-40 (A) developing individualized music therapy treatment
568-41 plans specific to the needs and strengths of each client; and
569-42 (B) establishing goals, objectives, and potential strategies
570-SB 338—LS 6564/DI 148 14
571-1 of the music therapy services that are appropriate for the
572-2 client and setting.
573-3 (b) The term does not include the screening, diagnosis, or
574-4 assessment of any physical, mental, or communication disorder.
575-5 Chapter 2. Music Therapy Advisory Council
576-6 Sec. 1. The music therapy advisory council is established.
577-7 Sec. 2. The council shall consist of members who:
578-8 (1) are familiar with the practice of music therapy; and
579-9 (2) provide the board with expertise and assistance in
580-10 carrying out the board's duties under this chapter.
581-11 Sec. 3. The council consists of five (5) members appointed by the
582-12 board. The council must include the following:
583-13 (1) Three (3) members who are licensed professional music
584-14 therapists.
585-15 (2) One (1) member who is a licensed health care provider
586-16 who is not a music therapist.
587-17 (3) One (1) member who is a consumer.
588-18 A member may be either a legislator or a lay member.
589-19 Sec. 4. (a) A member serves a term of four (4) years.
590-20 (b) A vacancy in the council membership shall be filled in the
591-21 same manner as a regular appointment. A member appointed to
592-22 fill a vacancy in the membership of the council may serve only for
593-23 the unexpired portion of the original, vacated term, but may be
594-24 reappointed by the board.
595-25 (c) A member serves without compensation.
596-26 Sec. 5. (a) Notwithstanding section 3(1) of this chapter, before
597-27 July 1, 2024, a member is not required to be licensed under this
598-28 article.
599-29 (b) Notwithstanding section 4 of this chapter, the three (3)
600-30 members initially appointed to the council under section 3(1) of
601-31 this chapter shall be appointed to terms beginning July 1, 2023, as
602-32 follows:
603-33 (1) One (1) member shall be appointed to a term of two (2)
604-34 years by the board.
605-35 (2) Two (2) members shall be appointed to a term of four (4)
606-36 years by the board.
607-37 (c) Upon expiration of an initial term under subsection (b), all
608-38 member appointments are for a term of four (4) years.
609-39 (d) The board may reappoint a member whose term expires.
610-40 Sec. 6. The council shall meet at least one (1) time annually and
611-41 at other times as called by the board.
612-42 Sec. 7. The board shall consult with the council:
613-SB 338—LS 6564/DI 148 15
614-1 (1) on issues related to music therapy; and
615-2 (2) before setting or changing fees under this article.
616-3 Sec. 8. The council may do the following:
617-4 (1) Facilitate the development of materials that the board may
618-5 use to educate the public concerning:
619-6 (A) music therapist licensure;
620-7 (B) the benefits of music therapy; and
621-8 (C) the use of music therapy:
622-9 (i) by individuals; and
623-10 (ii) in facilities or institutional settings.
624-11 (2) Act as a facilitator of statewide dissemination of
625-12 information between:
626-13 (A) the board; and
627-14 (B) any of the following:
628-15 (i) Music therapists.
629-16 (ii) The American Music Therapy Association or any
630-17 successor organization.
631-18 (iii) The Certification Board for Music Therapists or any
632-19 successor organization.
633-20 Sec. 9. The council shall, at least annually, provide analysis of:
634-21 (1) disciplinary actions taken;
635-22 (2) appeals and denials; or
636-23 (3) revocation of licenses.
637-24 Chapter 3. Licensure
638-25 Sec. 1. (a) A license applicant must meet the following
639-26 requirements:
640-27 (1) Be at least eighteen (18) years of age on the date of
641-28 application.
642-29 (2) Furnish satisfactory evidence to the board that the
643-30 applicant:
644-31 (A) has received, from a music therapy program within an
645-32 accredited college or university, a bachelor's degree or
646-33 higher in music therapy, or its equivalent, including
647-34 clinical training hours;
648-35 (B) does not have a:
649-36 (i) conviction for a crime of violence (as defined in
650-37 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
651-38 (ii) conviction in the previous two (2) years that has a
652-39 direct bearing on the individual's ability to practice
653-40 competently;
654-41 (C) has not been the subject of a disciplinary action by a
655-42 licensing or certification agency of another state or
656-SB 338—LS 6564/DI 148 16
657-1 jurisdiction on the grounds that the individual was not able
658-2 to practice as a music therapist without endangering the
659-3 public;
660-4 (D) passes an examination provided by the Certification
661-5 Board for Music Therapists or its successor organization
662-6 or provides proof of being transitioned into board
663-7 certification; and
664-8 (E) holds current board certification from the Certification
665-9 Board for Music Therapists or its successor organization.
666-10 (3) Pay the fee established by the board.
667-11 (b) The board may not establish any fee under this article that
668-12 is more than fifty dollars ($50).
669-13 Sec. 2. The board shall issue a license to an applicant when the
670-14 applicant has completed and submitted an application in the form
671-15 and manner the board prescribes, accompanied by applicable fees
672-16 and evidence satisfactory to the board that the applicant meets the
673-17 licensure requirements under this chapter.
674-18 Sec. 3. (a) A license issued by the board under this chapter is
675-19 valid for the remainder of the renewal period in effect on the date
676-20 the license is issued.
677-21 (b) An individual may renew a license by:
678-22 (1) paying a renewal fee of not more than fifty dollars ($50) on
679-23 or before the expiration date of the license; and
680-24 (2) providing evidence of the applicant's maintained status as
681-25 a board certified music therapist.
682-26 (c) If an individual:
683-27 (1) fails to pay a renewal fee on or before the expiration date
684-28 of a license; or
685-29 (2) is unable to prove that the individual has maintained
686-30 status as a board certified music therapist;
687-31 the license is invalid.
688-32 Sec. 4. (a) An individual may restore an invalid license within
689-33 one (1) year of the expiration date if the individual:
690-34 (1) pays the renewal fee of not more than fifty dollars ($50);
691-35 (2) provides proof that the individual has maintained status as
692-36 a board certified music therapist; and
693-37 (3) pays a restoration fee.
694-38 (b) Except as provided in subsection (c), if the individual fails to
695-39 restore a license not later than one (1) year after it becomes invalid,
696-40 the individual must reapply for licensure.
697-41 (c) The board may reinstate an invalid license up to three (3)
698-42 years after the expiration date of the license if the individual
699-SB 338—LS 6564/DI 148 17
700-1 holding the invalid license meets the requirements under
701-2 IC 25-1-8-6.
702-3 Sec. 5. The board may place an active license on an inactive
703-4 status if a licensee makes a request in writing and pays an inactive
704-5 status fee. The license may remain inactive for not more than two
705-6 (2) consecutive years. The license may be reactivated if the
706-7 licensee:
707-8 (1) requests in writing that the board reactivate the license;
708-9 and
709-10 (2) fulfills other requirements established by the board.
710-11 Chapter 4. Scope of Practice
711-12 Sec. 1. A licensed professional music therapist may do the
712-13 following:
713-14 (1) Accept referrals for music therapy services from medical,
714-15 developmental, mental health, or education professionals,
715-16 family members, and client caregivers or others involved and
716-17 authorized with the provision of client services.
717-18 (2) Conduct a music therapy assessment of a client to
718-19 determine if music therapy treatment is indicated. If
719-20 treatment is indicated, the music therapist shall collect
720-21 systematic, comprehensive, and accurate information to
721-22 determine the appropriateness and type of music therapy
722-23 services to provide for the client.
723-24 (3) Develop an individualized music therapy treatment plan
724-25 for the client that is based upon the results of the music
725-26 therapy assessment. The music therapy treatment plan must
726-27 include individualized goals and objectives that focus on the
727-28 assessed needs and strengths of the client and specify music
728-29 therapy approaches and interventions to be used to address
729-30 these goals and objectives.
730-31 (4) Implement an individualized music therapy treatment plan
731-32 that is consistent with any other developmental, rehabilitative,
732-33 habilitative, medical, mental health, preventive, wellness care,
733-34 or educational services being provided to the client. When
734-35 providing educational or health care services, a music
735-36 therapist may not replace the services provided by an
736-37 audiologist or a speech-language pathologist.
737-38 (5) Evaluate the client's response to music therapy and the
738-39 music therapy treatment plan, which includes documenting
739-40 the change and progress of the client and suggesting
740-41 modifications, as appropriate.
741-42 (6) Develop a plan for determining when the provision of
742-SB 338—LS 6564/DI 148 18
743-1 music therapy is no longer needed in collaboration with the
744-2 client, physician, or other health care or educational provider
745-3 of the client, family members of the client, and any other
746-4 appropriate person upon whom the client relies for support.
747-5 (7) Minimize any barriers to ensure that the client receives
748-6 music therapy in the least restrictive environment.
749-7 (8) Collaborate with and educate the client, the client's family,
750-8 caregiver, and any other appropriate person regarding the
751-9 needs of the client that are being addressed in music therapy
752-10 and the manner in which the music therapy treatment
753-11 addresses those needs.
754-12 (9) Use appropriate knowledge and skills to provide an
755-13 informed practice, including the use of research, reasoning,
756-14 and problem solving skills to determine appropriate actions
757-15 in the context of each specific clinical setting.
758-16 Sec. 2. A licensed professional music therapist shall do the
759-17 following:
760-18 (1) Before providing music therapy services to a client for an
761-19 identified clinical or developmental need, the licensee shall
762-20 review the client's diagnosis, treatment needs, and treatment
763-21 plan with the health care providers involved in the client's
764-22 care.
765-23 (2) Before providing music therapy services to a student for
766-24 an identified educational need in a special education setting,
767-25 the licensee shall review with the individualized family service
768-26 plan or individualized education program team the student's
769-27 diagnosis, treatment needs, and treatment plan.
770-28 (3) During the provision of music therapy services to a client,
771-29 the licensed professional music therapist shall collaborate, as
772-30 applicable, with the client's treatment team, including the
773-31 client's physician, psychologist, licensed clinical social worker,
774-32 or other mental health professional.
775-33 (4) During the provision of music therapy services to a client
776-34 with a communication disorder, the licensed professional
777-35 music therapist shall collaborate and discuss the music
778-36 therapy treatment plan with the client's audiologist or
779-37 speech-language pathologist so that a music therapist may
780-38 work with the client and address communication skills.
781-39 (5) When providing educational or health care services, a
782-40 licensed professional music therapist may not replace the
783-41 services provided by an audiologist or a speech-language
784-42 pathologist. Unless authorized to practice speech-language
785-SB 338—LS 6564/DI 148 19
786-1 pathology, music therapists may not evaluate, examine,
787-2 instruct, or counsel on speech, language, communication, and
788-3 swallowing disorders and conditions. An individual licensed
789-4 as a professional music therapist may not represent to the
790-5 public that the individual is authorized to treat a
791-6 communication disorder. This does not prohibit an individual
792-7 licensed as a professional music therapist from representing
793-8 to the public that the individual may work with clients who
794-9 have a communication disorder and address communication
795-10 skills.
796-11 (6) Notify the board of a change in the licensed music
797-12 therapist's address.
798-13 Chapter 5. Unlawful Practices
799-14 Sec. 1. Beginning July 1, 2024, an individual may not:
800-15 (1) profess to be a licensed music therapist;
801-16 (2) use the title:
802-17 (A) "licensed music therapist";
803-18 (B) "licensed professional music therapist (LPMT)"; or
804-19 (C) "music therapist"; or
805-20 (3) use any other words indicating or implying that the
806-21 individual is a licensed music therapist;
807-22 unless the individual is licensed under this article.
808-23 Sec. 2. An individual who knowingly and intentionally violates
809-24 this chapter after July 1, 2024, commits a Class A misdemeanor.
810-25 Sec. 3. (a) The board may issue a sanction for the following acts:
811-26 (1) Failure to pay fees when due.
812-27 (2) Failure to provide requested information in a timely
813-28 manner.
814-29 (3) Conviction of a felony.
815-30 (4) Conviction of a crime that reflects an inability to practice
816-31 music therapy with due regard for the health and safety of
817-32 clients and patients, or with due regard for the truth in filing
818-33 claims with Medicare, Medicaid, or any third party payor.
819-34 (5) Inability or failure to practice music therapy with
820-35 reasonable skill and consistent with the welfare of clients and
821-36 patients, including negligence in the practice of music therapy,
822-37 intoxication, incapacity, abuse of a client or patient, and
823-38 engaging in sexual contact with a client or patient.
824-39 (6) Disciplinary action by another jurisdiction.
825-40 (b) The board may investigate allegations of conduct described
826-41 in subsection (a).
827-42 (c) The board is authorized to impose one (1) or more of the
828-SB 338—LS 6564/DI 148 20
829-1 following sanctions for a violation of this chapter:
830-2 (1) License suspension.
831-3 (2) License revocation.
832-4 (3) License denial.
833-5 (4) Refusal to renew a license.
834-6 (5) Probation with conditions.
835-7 (6) Reprimand.
836-8 (7) A fine of not less than one hundred dollars ($100) and not
837-9 more than one thousand dollars ($1,000) for each violation.
838-10 Chapter 6. Exemptions
839-11 Sec. 1. Nothing in this article may be construed to prohibit or
840-12 restrict the practice, services, or activities of the following:
841-13 (1) Any person licensed, certified, or regulated under the laws
842-14 of this state in another profession or occupation, including
843-15 physicians, psychologists, psychoanalysts, registered nurses,
844-16 marriage and family therapists, social workers, occupational
845-17 therapists, professional or rehabilitation counselors,
846-18 speech-language pathologists or audiologists, or personnel
847-19 supervised by a licensed professional, performing work,
848-20 including the use of music, incidental to the practice of his or
849-21 her licensed, certified, or regulated profession or occupation,
850-22 if that person does not represent himself or herself as a music
851-23 therapist.
852-24 (2) Any person whose training and national certification
853-25 attests to the individual's preparation and ability to practice
854-26 his or her certified profession or occupation, if that person
855-27 does not represent himself or herself as a music therapist.
856-28 (3) Any practice of music therapy as an integral part of a
857-29 program of study for students enrolled in an accredited music
858-30 therapy program, if the student does not represent himself or
859-31 herself as a music therapist.
860-32 (4) Any person who practices music therapy under the
861-33 supervision of a licensed professional music therapist, if the
862-34 person does not represent himself or herself as a music
863-35 therapist.
864-36 SECTION 7. IC 25-22.5-2-7, AS AMENDED BY P.L.60-2022,
865-37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
866-38 JULY 1, 2023]: Sec. 7. (a) The board shall do the following:
867-39 (1) Adopt rules and forms necessary to implement this article that
868-40 concern, but are not limited to, the following areas:
869-41 (A) Qualification by education, residence, citizenship,
870-42 training, and character for admission to an examination for
871-SB 338—LS 6564/DI 148 21
872-1 licensure or by endorsement for licensure.
873-2 (B) The examination for licensure.
874-3 (C) The license or permit.
875-4 (D) Fees for examination, permit, licensure, and registration.
876-5 (E) Reinstatement of licenses and permits.
877-6 (F) Payment of costs in disciplinary proceedings conducted by
878-7 the board.
879-8 (2) Administer oaths in matters relating to the discharge of the
880-9 board's official duties.
881-10 (3) Enforce this article and assign to the personnel of the agency
882-11 duties as may be necessary in the discharge of the board's duty.
883-12 (4) Maintain, through the agency, full and complete records of all
884-13 applicants for licensure or permit and of all licenses and permits
885-14 issued.
886-15 (5) Make available, upon request, the complete schedule of
887-16 minimum requirements for licensure or permit.
888-17 (6) Issue, at the board's discretion, a temporary permit to an
889-18 applicant for the interim from the date of application until the
890-19 next regular meeting of the board.
891-20 (7) Issue an unlimited license, a limited license, or a temporary
892-21 medical permit, depending upon the qualifications of the
893-22 applicant, to any applicant who successfully fulfills all of the
894-23 requirements of this article.
895-24 (8) Adopt rules establishing standards for the competent practice
896-25 of medicine, osteopathic medicine, or any other form of practice
897-26 regulated by a limited license or permit issued under this article.
898-27 (9) Adopt rules regarding the appropriate prescribing of Schedule
899-28 III or Schedule IV controlled substances for the purpose of weight
900-29 reduction or to control obesity.
901-30 (10) Adopt rules establishing standards for office based
902-31 procedures that require moderate sedation, deep sedation, or
903-32 general anesthesia.
904-33 (11) Adopt rules or protocol establishing the following:
905-34 (A) An education program to be used to educate women with
906-35 high breast density.
907-36 (B) Standards for providing an annual screening or diagnostic
908-37 test for a woman who is at least forty (40) years of age and
909-38 who has been determined to have high breast density.
910-39 As used in this subdivision, "high breast density" means a
911-40 condition in which there is a greater amount of breast and
912-41 connective tissue in comparison to fat in the breast.
913-42 (12) Adopt rules establishing standards and protocols for the
914-SB 338—LS 6564/DI 148 22
915-1 prescribing of controlled substances.
916-2 (13) Adopt rules as set forth in IC 25-23.4 concerning the
917-3 certification of certified direct entry midwives.
918-4 (14) In consultation with the state department of health and the
919-5 office of the secretary of family and social services, adopt rules
920-6 under IC 4-22-2 or protocols concerning the following for
921-7 providers that are providing office based opioid treatment:
922-8 (A) Requirements of a treatment agreement (as described in
923-9 IC 12-23-20-2) concerning the proper referral and treatment of
924-10 mental health and substance use.
925-11 (B) Parameters around the frequency and types of visits
926-12 required for the periodic scheduled visits required by
927-13 IC 12-23-20-2.
928-14 (C) Conditions on when the following should be ordered or
929-15 performed:
930-16 (i) A urine toxicology screening.
931-17 (ii) HIV, hepatitis B, and hepatitis C testing.
932-18 (D) Required documentation in a patient's medical record
933-19 when buprenorphine is prescribed over a specified dosage.
934-20 (15) Adopt rules as set forth in IC 25-14.5 concerning the
935-21 certification of certified dietitians.
936-22 (16) Adopt rules and establish fees as set forth in IC 25-8.5-2-6
937-23 concerning the licensure of behavior analysts.
938-24 (17) Administer the interstate medical licensure compact under
939-25 IC 25-22.5-16, including appointing members to the interstate
940-26 medical licensure compact commission and adopting any rules
941-27 necessary to administer the compact.
942-28 (18) Oversee the licensure of the following:
943-29 (A) Art therapists under IC 25-4.5.
944-30 (B) Professional music therapists under IC 25-21.9.
945-31 (b) The board may adopt rules that establish:
946-32 (1) certification requirements for child death pathologists;
947-33 (2) an annual training program for child death pathologists under
948-34 IC 16-35-7-3(b)(2); and
949-35 (3) a process to certify a qualified child death pathologist.
950-36 (c) The board may adopt rules under IC 4-22-2 establishing
951-37 guidelines for the practice of telehealth in Indiana. Adoption of rules
952-38 under this subsection may not delay the implementation and provision
953-39 of telehealth services by a provider under IC 25-1-9.5.
954-40 SECTION 8. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
955-41 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
956-42 JULY 1, 2023]: Sec. 1. The privileged communication between:
957-SB 338—LS 6564/DI 148 23
958-1 (1) a husband and wife;
959-2 (2) a health care provider and the health care provider's patient;
960-3 (3) a:
961-4 (A) licensed social worker;
962-5 (B) licensed clinical social worker;
963-6 (C) licensed marriage and family therapist;
964-7 (D) licensed mental health counselor;
965-8 (E) licensed addiction counselor; or
966-9 (F) licensed clinical addiction counselor;
967-10 (G) licensed music therapist; or
968-11 (H) licensed art therapist;
969-12 and a client of any of the professionals described in clauses (A)
970-13 through (F); (H);
971-14 (4) a school counselor and a student; or
972-15 (5) a school psychologist and a student;
973-16 is not a ground for excluding evidence in any judicial proceeding
974-17 resulting from a report of a child who may be a victim of child abuse
975-18 or neglect or relating to the subject matter of the report or failing to
976-19 report as required by IC 31-33.
977-20 SECTION 9. IC 35-52-25-2.7 IS ADDED TO THE INDIANA
978-21 CODE AS A NEW SECTION TO READ AS FOLLOWS
979-22 [EFFECTIVE JULY 1, 2023]: Sec. 2.7. IC 25-4.5-4-6 defines a crime
980-23 concerning unlawful practice of art therapy.
981-24 SECTION 10. IC 35-52-25-23.5 IS ADDED TO THE INDIANA
982-25 CODE AS A NEW SECTION TO READ AS FOLLOWS
983-26 [EFFECTIVE JULY 1, 2023]: Sec. 23.5. IC 25-21.9-5-2 defines a
984-27 crime concerning unlawful practice of music therapy.
985-SB 338—LS 6564/DI 148 24
986-COMMITTEE REPORT
987-Madam President: The Senate Committee on Health and Provider
988-Services, to which was referred Senate Bill No. 338, has had the same
989-under consideration and begs leave to report the same back to the
990-Senate with the recommendation that said bill be AMENDED as
991-follows:
992-Page 1, delete lines 1 through 17.
993-Delete pages 2 through 22, begin a new paragraph and insert:
994-"SECTION 1. IC 25-0.5-1-2.4 IS ADDED TO THE INDIANA
995-CODE AS A NEW SECTION TO READ AS FOLLOWS
996-[EFFECTIVE JULY 1, 2023]: Sec. 2.4. IC 25-1-1.1-4 applies to an
997-individual licensed under IC 25-4.5 as an art therapist.
998-SECTION 2. IC 25-0.5-1-9.5 IS ADDED TO THE INDIANA
999-CODE AS A NEW SECTION TO READ AS FOLLOWS
1000-[EFFECTIVE JULY 1, 2023]: Sec. 9.5. IC 25-1-1.1-4 applies to an
1001-individual licensed under IC 25-21.9 as a professional music
1002-therapist.
1003-SECTION 3. IC 25-0.5-2-3.5 IS ADDED TO THE INDIANA
1004-CODE AS A NEW SECTION TO READ AS FOLLOWS
1005-[EFFECTIVE JULY 1, 2023]: Sec. 3.5. IC 25-1-2-2.1 applies to
1006-licenses held by art therapists.
1007-SECTION 4. IC 25-0.5-2-11.5 IS ADDED TO THE INDIANA
1008-CODE AS A NEW SECTION TO READ AS FOLLOWS
1009-[EFFECTIVE JULY 1, 2023]: Sec. 11.5. IC 25-1-2-2.1 applies to
1010-licenses held by professional music therapists.
1011-SECTION 5. IC 25-4.5 IS ADDED TO THE INDIANA CODE AS
1012-A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1013-2023]:
1014-ARTICLE 4.5. ART THERAPISTS
1015-Chapter 1. Definitions
1016-Sec. 1. The definitions in this chapter apply throughout this
1017-article.
1018-Sec. 2. "Art therapist" means an individual who is licensed to
1019-practice art therapy under this article.
1020-Sec. 3. "Art therapist associate" means an individual who is
1021-licensed to practice as an art therapist associate under this article.
1022-Sec. 4. "Board" refers to the medical licensing board of Indiana.
1023-Sec. 5. "Council" refers to the art therapy advisory council
1024-established by IC 25-4.5-2-1.
1025-Sec. 6. "Practice of art therapy" or "practice art therapy"
1026-means the application of art, art media, and the creative process in
1027-the education, assessment, prevention, treatment, and amelioration
1028-SB 338—LS 6564/DI 148 25
1029-of cognitive, physical, developmental, and behavioral conditions
1030-and disabilities. The term includes the:
1031-(1) use of art creation to assess a client's issues with the goal
1032-of improving physical, psychological, and emotional
1033-functioning and well-being;
1034-(2) employment of art based techniques to:
1035-(A) assess levels of functioning;
1036-(B) determine treatment goals; and
1037-(C) implement appropriate interventions;
1038-to treat a client;
1039-(3) use of therapeutic interventions to facilitate alternative
1040-modes of receptive and expressive communication and
1041-engagement;
1042-(4) use of art to help clients:
1043-(A) improve cognitive and sensory motor functions;
1044-(B) reduce symptoms of depression, anxiety, posttraumatic
1045-stress, and attachment disorders;
1046-(C) resolve conflicts and distress;
1047-(D) develop interpersonal skills;
1048-(E) manage behavior;
1049-(F) improve social functioning; and
1050-(G) achieve self-esteem and self-awareness;
1051-(5) adjustment of techniques and treatments to address
1052-multicultural and diversity issues; and
1053-(6) provision of:
1054-(A) consultation;
1055-(B) referral;
1056-(C) crisis intervention;
1057-(D) client advocacy; and
1058-(E) education;
1059-services to clients.
1060-The term does not include the screening, diagnosis, or assessment
1061-of any physical, mental, or communication disorder.
1062-Chapter 2. Art Therapy Advisory Council
1063-Sec. 1. The art therapy advisory council is established.
1064-Sec. 2. The council shall consist of members who:
1065-(1) are familiar with the practice of art therapy; and
1066-(2) provide the board with expertise and assistance in
1067-carrying out the board's duties under this chapter.
1068-Sec. 3. The council consists of five (5) members appointed by the
1069-board. The council must include the following:
1070-(1) Three (3) members who are licensed art therapists.
1071-SB 338—LS 6564/DI 148 26
1072-(2) One (1) member who is a licensed health care provider
1073-who is not an art therapist.
1074-(3) One (1) member who is a consumer.
1075-A council member may be either a legislator or a lay member.
1076-Sec. 4. (a) A member serves a term of four (4) years.
1077-(b) A vacancy in the council membership shall be filled in the
1078-same manner as a regular appointment. A member appointed to
1079-fill a vacancy in the membership of the council may serve only for
1080-the unexpired portion of the original, vacated term, but may be
1081-reappointed by the board.
1082-(c) A member serves without compensation.
1083-Sec. 5. (a) Notwithstanding section 3(1) of this chapter, before
1084-July 1, 2024, a member is not required to be licensed under this
1085-article.
1086-(b) Notwithstanding section 4 of this chapter, the three (3)
1087-members initially appointed to the council under section 3(1) of
1088-this chapter shall be appointed to terms beginning July 1, 2023, as
1089-follows:
1090-(1) One (1) member shall be appointed to a term of two (2)
1091-years by the board.
1092-(2) Two (2) members shall be appointed to a term of four (4)
1093-years by the board.
1094-(c) Upon expiration of an initial term under subsection (b), all
1095-member appointments are for a term of four (4) years.
1096-(d) The board may reappoint a member whose term expires.
1097-Sec. 6. The council shall meet at least one (1) time annually and
1098-at other times as called by the board.
1099-Sec. 7. The board shall consult with the council:
1100-(1) on issues related to art therapy; and
1101-(2) before setting or changing fees under this article.
1102-Sec. 8. The council may do the following:
1103-(1) Facilitate the development of materials that the board may
1104-use to educate the public concerning:
1105-(A) art therapist licensure;
1106-(B) the benefits of art therapy; and
1107-(C) the use of art therapy:
1108-(i) by individuals; and
1109-(ii) in facilities or institutional settings.
1110-(2) Act as a facilitator of statewide dissemination of
1111-information between:
1112-(A) the board; and
1113-(B) any of the following:
1114-SB 338—LS 6564/DI 148 27
1115-(i) Art therapists.
1116-(ii) The American Art Therapy Association or any
1117-successor organization.
1118-(iii) The Commission on Accreditation of Allied Health
1119-Education Programs, the Art Therapy Credentials
1120-Board, or any successor organization.
1121-Sec. 9. The council shall, at least annually, provide analysis of:
1122-(1) disciplinary actions taken;
1123-(2) appeals and denials; or
1124-(3) revocation of licenses.
1125-Chapter 3. Art Therapist Licensure
1126-Sec. 1. (a) An individual who applies to be licensed as an art
1127-therapist must furnish satisfactory evidence to the board that the
1128-individual:
1129-(1) has received:
1130-(A) a master's or doctoral degree from an accredited
1131-postsecondary educational institution in a program in art
1132-therapy, or a related field as approved by the board, that:
1133-(i) is approved by the American Art Therapy Association
1134-or accredited by the Commission on Accreditation of
1135-Allied Health Education Programs; or
1136-(ii) is determined by the board to be substantially
1137-equivalent to an approved or accredited program in art
1138-therapy under sections 3 and 4 of this chapter; or
1139-(B) at least a master's degree from an accredited
1140-postsecondary educational institution in a program or
1141-course of studies that:
1142-(i) is determined by the board to meet the educational
1143-requirements under sections 3 and 4 of this chapter; or
1144-(ii) has been accepted by the Art Therapy Credentials
1145-Board, Inc., or a successor organization, as meeting the
1146-educational requirements to qualify an individual for a
1147-credential as a registered art therapist;
1148-(2) has met the work experience requirements under section
1149-5 of this chapter;
1150-(3) has not been convicted of a crime that has a direct bearing
1151-on the individual's ability to practice competently;
1152-(4) has not been the subject of a disciplinary action by a
1153-licensing or certification agency of another state or
1154-jurisdiction prohibiting the individual from practicing as an
1155-art therapist or art therapist associate;
1156-(5) pays the fee established by the board; and
1157-SB 338—LS 6564/DI 148 28
1158-(6) has passed an examination provided by the board.
1159-(b) An individual who applies to be licensed as an art therapist
1160-under this section, except as provided in section 14 of this chapter,
1161-must furnish satisfactory evidence to the board that the individual:
1162-(1) holds a valid art therapist associate license issued under
1163-section 8 of this chapter and has met the work experience
1164-requirements under section 5 of this chapter;
1165-(2) has met the work experience requirements under section
1166-5 of this chapter in another state or jurisdiction; or
1167-(3) is licensed or certified to practice as an art therapist in
1168-another state or jurisdiction under section 12 of this chapter.
1169-(c) The board may not establish any fee under this article that
1170-is more than fifty dollars ($50).
1171-Sec. 2. (a) An individual who applies to be licensed as an art
1172-therapist associate must furnish satisfactory evidence to the board
1173-that the individual has:
1174-(1) received a master's or doctoral degree in art therapy that
1175-meets the requirements under section 1(a)(1) of this chapter;
1176-(2) not been convicted of a crime that has a direct bearing on
1177-the individual's ability to practice competently;
1178-(3) not been the subject of a disciplinary action by a licensing
1179-or certification agency of another state or jurisdiction
1180-prohibiting the individual from practicing as an art therapist
1181-or art therapist associate; and
1182-(4) paid a fee established by the board.
1183-The board may not establish any fee under this article that is more
1184-than fifty dollars ($50).
1185-(b) The board may require an individual who applies to be
1186-licensed as an art therapist associate to pass an examination
1187-administered by an entity approved by the board.
1188-Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
1189-of this chapter, an individual who applies for a license as an art
1190-therapist or as an art therapist associate must have:
1191-(1) received a master's or doctoral degree that meets the
1192-educational requirements for licensure under section 1(a) of
1193-this chapter; and
1194-(2) attended an eligible postsecondary educational institution
1195-that meets the following requirements:
1196-(A) If the institution is located in the United States or a
1197-territory of the United States, the institution must be
1198-accredited by a regional accrediting body recognized by
1199-the Council for Higher Education Accreditation.
1200-SB 338—LS 6564/DI 148 29
1201-(B) If the institution is located in Canada, the institution
1202-must be a member in good standing with the Association of
1203-Universities and Colleges of Canada.
1204-(C) If the institution is located in a foreign country other
1205-than Canada, the institution must:
1206-(i) be recognized as a program to train in the practice of
1207-mental health counseling or psychotherapy; and
1208-(ii) have maintained a standard of training that is
1209-substantially equivalent to the standards of institutions
1210-accredited by a regional accrediting body recognized by
1211-the Council for Higher Education Accreditation.
1212-(b) An individual who applies to be licensed as an art therapist
1213-under section 1 of this chapter or as an art therapist associate
1214-under section 2 of this chapter and who has a master's or doctoral
1215-degree from a program that did not emphasize art therapy may
1216-complete the course work requirements from an institution:
1217-(1) with a program in art therapy accredited by the
1218-Commission on Accreditation of Allied Health Education
1219-Programs; or
1220-(2) that is accredited by a regional accrediting body
1221-recognized by the Council for Higher Education
1222-Accreditation, as approved by the board.
1223-Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
1224-of this chapter, the board may determine that an individual's
1225-graduate level education program or course of study is
1226-substantially equivalent to an approved or accredited program in
1227-art therapy if the individual has completed the following
1228-requirements:
1229-(1) Except as provided in subsection (b), qualifying course
1230-work that must include graduate level course credits in at
1231-least the following content areas:
1232-(A) Application of art therapy with people in different
1233-treatment settings.
1234-(B) Art therapy assessment.
1235-(C) Counseling or psychological theories.
1236-(D) Ethical and legal issues of art therapy practice.
1237-(E) Group art therapy.
1238-(F) History of art therapy.
1239-(G) Human growth and development.
1240-(H) Matters of cultural and social diversity bearing on the
1241-practice of art therapy.
1242-(I) Psychological assessment.
1243-SB 338—LS 6564/DI 148 30
1244-(J) Psychopathology or abnormal psychology.
1245-(K) Research.
1246-(L) Standards of good art therapy practice.
1247-(M) Techniques of practice in art therapy.
1248-(N) Theory of art therapy.
1249-The content areas may be combined into any one (1) graduate
1250-level course if the applicant can prove that the course
1251-included instruction in all cognitive, psychomotor, and
1252-behavior competencies required in the content area for
1253-competent entry level practice of art therapy.
1254-(2) At least one (1):
1255-(A) supervised clinical practicum of at least one hundred
1256-(100) hours; or
1257-(B) qualifying internship or field experience in an art
1258-therapy setting of at least six hundred (600) hours.
1259-The requirements under clauses (A) and (B) may be met by
1260-experience away from a postsecondary educational
1261-institution, but the experience must be certified by an official
1262-of that institution as equivalent to a graduate level practicum
1263-or internship program.
1264-(b) The following may not be used to satisfy the educational
1265-requirements under subsection (a):
1266-(1) Thesis or dissertation work.
1267-(2) Practicums.
1268-(3) Internships.
1269-(4) Fieldwork.
1270-Sec. 5. (a) An individual who applies for a license as an art
1271-therapist must have:
1272-(1) at least two (2) years of paid or volunteer supervised work
1273-experience in the delivery of art therapy services; and
1274-(2) supervised work experience conducted according to
1275-requirements in subsections (b) through (g).
1276-(b) An individual who applies for a license as an art therapist
1277-must have:
1278-(1) at least three thousand (3,000) hours of postgraduate work
1279-experience in a clinical setting under supervision of a qualified
1280-supervisor;
1281-(2) at least one thousand (1,000) hours of contact with clients;
1282-and
1283-(3) at least one hundred (100) hours of face-to-face supervised
1284-training with a qualified supervisor.
1285-(c) A qualified supervisor may be a licensed art therapist, a
1286-SB 338—LS 6564/DI 148 31
1287-board certified art therapist, or other licensed mental health
1288-professional who has met standards for supervision specified in
1289-rules approved by the board.
1290-(d) A qualified supervisor must observe the successful
1291-application of art therapy knowledge, skills, and values in the
1292-diagnosis and treatment of psychological function, disability, or
1293-impairment.
1294-(e) Except as provided in subsection (f), the work experience
1295-requirement may be met by work performed either at the premises
1296-of the supervisor or away from the premises of the supervisor.
1297-(f) The work experience requirement may not be performed
1298-away from the premises of the supervisor if:
1299-(1) the work premises is the independent private practice of a
1300-licensed art therapist; and
1301-(2) the work is not performed at a place that has the
1302-supervision of a licensed art therapist or qualified supervisor.
1303-(g) A doctoral internship may be applied toward the supervised
1304-work experience requirement.
1305-Sec. 6. An individual who satisfies the requirements of section
1306-1(a)(1) through 1(a)(5) of this chapter may take the examination
1307-provided by the board.
1308-Sec. 7. The board shall provide for examinations to be given at
1309-least once each year at times and places established by the board.
1310-Sec. 8. (a) The board shall issue an art therapist license to an
1311-applicant under section 1 of this chapter who:
1312-(1) achieves a passing score on the examination under this
1313-chapter; and
1314-(2) is otherwise qualified under this chapter.
1315-(b) The board shall issue an art therapist associate license to an
1316-applicant under section 2 of this chapter who is otherwise qualified
1317-under this chapter.
1318-(c) A person issued a license under this section may engage in
1319-the practice of art therapy.
1320-Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist license
1321-issued by the board is valid for the remainder of the renewal
1322-period in effect on the date the license was issued.
1323-(b) An individual may renew an art therapist license by:
1324-(1) paying a renewal fee of not more than fifty dollars ($50) on
1325-or before the expiration date of the license; and
1326-(2) completing at least twenty (20) hours of continuing
1327-education each licensure year.
1328-(c) If an individual fails to pay a renewal fee on or before the
1329-SB 338—LS 6564/DI 148 32
1330-expiration of a license, the license becomes invalid.
1331-Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
1332-license issued by the board is valid for the remainder of the
1333-renewal period in effect on the date the license was issued.
1334-(b) An individual may renew an art therapist associate license
1335-two (2) times by paying a renewal fee on or before the expiration
1336-date of the license.
1337-(c) If an individual fails to pay a renewal fee on or before the
1338-expiration of a license, the license is invalid.
1339-(d) The board may renew an art therapist associate license for
1340-additional periods at the board's discretion.
1341-(e) An art therapist associate license expires when:
1342-(1) the individual is issued an art therapist license under this
1343-chapter;
1344-(2) the board denies the individual's application for an art
1345-therapist license under this chapter; or
1346-(3) the individual fails to apply for renewal of the art therapist
1347-associate license under this chapter.
1348-Sec. 11. (a) The board may reinstate an invalid art therapist
1349-license issued under section 9 of this chapter up to three (3) years
1350-after the expiration date of the license if the individual holding the
1351-invalid license meets the requirements under IC 25-1-8-6.
1352-(b) If more than three (3) years have elapsed since the date an
1353-art therapist license expired, the individual holding the license may
1354-renew the license by satisfying the requirements for renewal
1355-established by the board and meeting the requirements under
1356-IC 25-1-8-6.
1357-(c) The board may reinstate an invalid art therapist associate
1358-license issued under section 10 of this chapter up to one (1) year
1359-after the expiration date of the license if the individual holding the
1360-invalid license meets the requirements under IC 25-1-8-6. An art
1361-therapist associate license that has been expired for more than one
1362-(1) year may not be reinstated under IC 25-1-8-6.
1363-Sec. 12. The board shall issue an art therapist license to an
1364-individual if the individual:
1365-(1) has a valid license or certificate to practice art therapy
1366-from another state or jurisdiction;
1367-(2) has engaged in at least three (3) years of full-time,
1368-postdegree practice of art therapy, or its equivalent in
1369-part-time practice as determined by the board;
1370-(3) has passed an examination substantially equivalent to the
1371-examination provided by the board under this chapter;
1372-SB 338—LS 6564/DI 148 33
1373-(4) has not been the subject of a disciplinary action by a
1374-licensing or certification agency of another state or
1375-jurisdiction prohibiting the individual from practicing as an
1376-art therapist or art therapist associate without endangering
1377-the public; and
1378-(5) has paid a fee established by the board.
1379-The board may not establish a fee that is more than fifty dollars
1380-($50).
1381-Sec. 13. (a) An individual who has an art therapist license under
1382-this chapter shall notify the board in writing when the individual
1383-retires from practice.
1384-(b) Upon receipt of the notice, the board shall:
1385-(1) record the individual as retired;
1386-(2) release the individual from further payment of renewal
1387-fees; and
1388-(3) release the individual from further continuing education
1389-requirements.
1390-Sec. 14. The board may waive the requirements of section
1391-1(a)(1) and 1(a)(6) of this chapter and issue an art therapy license
1392-to an individual who furnishes satisfactory evidence to the board
1393-that the individual:
1394-(1) is a resident of Indiana;
1395-(2) holds a credential in good standing as a board certified art
1396-therapist with the Art Therapy Credentials Board;
1397-(3) has at least three (3) years of full-time, postdegree practice
1398-of art therapy, or its equivalent in part-time practice prior to
1399-submitting an application to the board;
1400-(4) does not have a conviction for a crime that has a direct
1401-bearing on the individual's ability to practice competently;
1402-(5) has not been the subject of a disciplinary action by a
1403-licensing or certification agency of another state or
1404-jurisdiction prohibiting the individual from practicing as an
1405-art therapist or art therapist associate without endangering
1406-the public; and
1407-(6) has paid the fee established by the board.
1408-The board may not establish a fee that is more than fifty dollars
1409-($50).
1410-Chapter 4. Art Therapists; Unlawful Practices
1411-Sec. 1. This chapter applies after December 31, 2023.
1412-Sec. 2. (a) An individual may not:
1413-(1) profess to be a licensed art therapist;
1414-(2) use the title:
1415-SB 338—LS 6564/DI 148 34
1416-(A) "licensed art therapist"; or
1417-(B) "art therapist"; or
1418-(3) use any other words, letters, abbreviations, or insignia
1419-indicating or implying that the individual is a licensed art
1420-therapist;
1421-unless the individual is licensed under this article.
1422-(b) An individual may not:
1423-(1) profess to be a licensed art therapist associate;
1424-(2) use the title:
1425-(A) "licensed art therapist associate"; or
1426-(B) "art therapist associate"; or
1427-(3) use any other words, letters, abbreviations, or insignia
1428-indicating or implying that the individual is a licensed art
1429-therapist associate;
1430-unless the individual is licensed under this article.
1431-Sec. 3. (a) This article may not be construed to limit the practice
1432-of art therapy performed by an individual who does not use a title
1433-specified in this chapter and who is any of the following:
1434-(1) A student, an intern, or a trainee pursuing a course of
1435-study in art therapy to gain licensure under this article in an
1436-accredited postsecondary educational institution if:
1437-(A) the services are performed under qualified supervision
1438-and constitute a part of the individual's supervised course
1439-of study or other level of supervision; and
1440-(B) the student or graduate uses a title that contains the
1441-term "student", "intern", or "trainee".
1442-(2) Not a resident of Indiana if the individual performed the
1443-services in Indiana for not more than five (5) days in any one
1444-(1) month or fifteen (15) days within any one (1) calendar year
1445-and the person is authorized to perform such services under
1446-the laws of the state or country in which the individual
1447-resides.
1448-(3) A rabbi, priest, Christian Science practitioner, minister, or
1449-other member of the clergy.
1450-(4) An employee or a volunteer for an organization
1451-performing charitable, religious, or educational functions,
1452-providing pastoral counseling, or providing other assistance.
1453-(5) An individual who is licensed or certified by a state or
1454-national organization that is recognized by the division of
1455-mental health and addiction and who provides services in the
1456-areas of alcohol or drug abuse addiction.
1457-(6) A governmental employee who remains in the same job
1458-SB 338—LS 6564/DI 148 35
1459-classification or job family of that job classification.
1460-(b) This article may not be construed to prohibit or limit any
1461-service or treatment that involves the use of art or art media by a
1462-licensed health care professional who:
1463-(1) is acting within the scope of the person's license; and
1464-(2) does not use a title specified in this article.
1465-(c) Nothing in this section prohibits a person referred to in
1466-subsection (a) from qualifying for licensure under this article.
1467-Sec. 4. (a) When providing educational or health care services,
1468-a licensed art therapist or art therapist associate may not replace
1469-the services provided by an audiologist or a speech-language
1470-pathologist.
1471-(b) An art therapist may not provide art therapy for the
1472-treatment of any psychological function, disability, or impairment
1473-that requires a diagnosis by a licensed professional. However, an
1474-art therapist may provide art therapy as part of a treatment plan
1475-established by an appropriate licensed professional. Nothing in this
1476-section shall be construed to prevent an art therapist from
1477-providing art therapy for a purpose that does not require a
1478-diagnosis by a licensed professional.
1479-Sec. 5. (a) An individual who is licensed as an art therapist shall:
1480-(1) display the license or a clear copy of the license at each
1481-location where the art therapist regularly practices; and
1482-(2) include the words "art therapist" or the letters "AT" on
1483-all promotional materials, including business cards,
1484-brochures, stationery, advertisements, and signs that name
1485-the individual.
1486-(b) An individual who is licensed as an art therapist associate
1487-shall:
1488-(1) display the license or a clear copy of the license at each
1489-location where the art therapist associate regularly practices;
1490-and
1491-(2) include the words "art therapist associate" or the letters
1492-"ATA" on all promotional materials, including business
1493-cards, brochures, stationery, advertisements, and signs that
1494-name the individual.
1495-Sec. 6. An individual who knowingly or intentionally violates
1496-section 2 or 5 of this chapter after December 31, 2023, commits a
1497-Class A misdemeanor.
1498-SECTION 6. IC 25-21.9 IS ADDED TO THE INDIANA CODE AS
1499-A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
1500-2023]:
1501-SB 338—LS 6564/DI 148 36
1502-ARTICLE 21.9. LICENSED PROFESSIONAL MUSIC
1503-THERAPISTS
1504-Chapter 1. Definitions
1505-Sec. 1. The definitions in this chapter apply throughout this
1506-article.
1507-Sec. 2. "Applicant" means an individual who applies to the
1508-board for a license to practice music therapy.
1509-Sec. 3. "Board" refers to the medical licensing board of Indiana.
1510-Sec. 4. "Board certified music therapist" means an individual
1511-who holds a current board certification from the Certification
1512-Board for Music Therapists.
1513-Sec. 5. "Council" refers to the music therapy advisory council
1514-established by IC 25-21.9-2-1.
1515-Sec. 6. "Licensed professional music therapist" means a person
1516-licensed to practice music therapy under this article.
1517-Sec. 7. (a) "Practice of music therapy" or "practice music
1518-therapy" means providing professional services that:
1519-(1) are delivered by a board certified music therapist;
1520-(2) use clinical and evidence based music interventions to
1521-accomplish individualized goals for clients of any age or
1522-ability level within a therapeutic relationship; and
1523-(3) include:
1524-(A) developing individualized music therapy treatment
1525-plans specific to the needs and strengths of each client; and
1526-(B) establishing goals, objectives, and potential strategies
1527-of the music therapy services that are appropriate for the
1528-client and setting.
1529-(b) The term does not include the screening, diagnosis, or
1530-assessment of any physical, mental, or communication disorder.
1531-Chapter 2. Music Therapy Advisory Council
1532-Sec. 1. The music therapy advisory council is established.
1533-Sec. 2. The council shall consist of members who:
1534-(1) are familiar with the practice of music therapy; and
1535-(2) provide the board with expertise and assistance in
1536-carrying out the board's duties under this chapter.
1537-Sec. 3. The council consists of five (5) members appointed by the
1538-board. The council must include the following:
1539-(1) Three (3) members who are licensed professional music
1540-therapists.
1541-(2) One (1) member who is a licensed health care provider
1542-who is not a music therapist.
1543-(3) One (1) member who is a consumer.
1544-SB 338—LS 6564/DI 148 37
1545-A member may be either a legislator or a lay member.
1546-Sec. 4. (a) A member serves a term of four (4) years.
1547-(b) A vacancy in the council membership shall be filled in the
1548-same manner as a regular appointment. A member appointed to
1549-fill a vacancy in the membership of the council may serve only for
1550-the unexpired portion of the original, vacated term, but may be
1551-reappointed by the board.
1552-(c) A member serves without compensation.
1553-Sec. 5. (a) Notwithstanding section 3(1) of this chapter, before
1554-July 1, 2024, a member is not required to be licensed under this
1555-article.
1556-(b) Notwithstanding section 4 of this chapter, the three (3)
1557-members initially appointed to the council under section 3(1) of
1558-this chapter shall be appointed to terms beginning July 1, 2023, as
1559-follows:
1560-(1) One (1) member shall be appointed to a term of two (2)
1561-years by the board.
1562-(2) Two (2) members shall be appointed to a term of four (4)
1563-years by the board.
1564-(c) Upon expiration of an initial term under subsection (b), all
1565-member appointments are for a term of four (4) years.
1566-(d) The board may reappoint a member whose term expires.
1567-Sec. 6. The council shall meet at least one (1) time annually and
1568-at other times as called by the board.
1569-Sec. 7. The board shall consult with the council:
1570-(1) on issues related to music therapy; and
1571-(2) before setting or changing fees under this article.
1572-Sec. 8. The council may do the following:
1573-(1) Facilitate the development of materials that the board may
1574-use to educate the public concerning:
1575-(A) music therapist licensure;
1576-(B) the benefits of music therapy; and
1577-(C) the use of music therapy:
1578-(i) by individuals; and
1579-(ii) in facilities or institutional settings.
1580-(2) Act as a facilitator of statewide dissemination of
1581-information between:
1582-(A) the board; and
1583-(B) any of the following:
1584-(i) Music therapists.
1585-(ii) The American Music Therapy Association or any
1586-successor organization.
1587-SB 338—LS 6564/DI 148 38
1588-(iii) The Certification Board for Music Therapists or any
1589-successor organization.
1590-Sec. 9. The council shall, at least annually, provide analysis of:
1591-(1) disciplinary actions taken;
1592-(2) appeals and denials; or
1593-(3) revocation of licenses.
1594-Chapter 3. Licensure
1595-Sec. 1. (a) A license applicant must meet the following
1596-requirements:
1597-(1) Be at least eighteen (18) years of age on the date of
1598-application.
1599-(2) Furnish satisfactory evidence to the board that the
1600-applicant:
1601-(A) has received, from a music therapy program within an
1602-accredited college or university, a bachelor's degree or
1603-higher in music therapy, or its equivalent, including
1604-clinical training hours;
1605-(B) does not have a:
1606-(i) conviction for a crime of violence (as defined in
1607-IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
1608-(ii) conviction in the previous two (2) years that has a
1609-direct bearing on the individual's ability to practice
1610-competently;
1611-(C) has not been the subject of a disciplinary action by a
1612-licensing or certification agency of another state or
1613-jurisdiction on the grounds that the individual was not able
1614-to practice as a music therapist without endangering the
1615-public;
1616-(D) passes an examination provided by the Certification
1617-Board for Music Therapists or its successor organization
1618-or provides proof of being transitioned into board
1619-certification; and
1620-(E) holds current board certification from the Certification
1621-Board for Music Therapists or its successor organization.
1622-(3) Pay the fee established by the board.
1623-(b) The board may not establish any fee under this article that
1624-is more than fifty dollars ($50).
1625-Sec. 2. The board shall issue a license to an applicant when the
1626-applicant has completed and submitted an application in the form
1627-and manner the board prescribes, accompanied by applicable fees
1628-and evidence satisfactory to the board that the applicant meets the
1629-licensure requirements under this chapter.
1630-SB 338—LS 6564/DI 148 39
1631-Sec. 3. (a) A license issued by the board under this chapter is
1632-valid for the remainder of the renewal period in effect on the date
1633-the license is issued.
1634-(b) An individual may renew a license by:
1635-(1) paying a renewal fee of not more than fifty dollars ($50) on
1636-or before the expiration date of the license; and
1637-(2) providing evidence of the applicant's maintained status as
1638-a board certified music therapist.
1639-(c) If an individual:
1640-(1) fails to pay a renewal fee on or before the expiration date
1641-of a license; or
1642-(2) is unable to prove that the individual has maintained
1643-status as a board certified music therapist;
1644-the license is invalid.
1645-Sec. 4. (a) An individual may restore an invalid license within
1646-one (1) year of the expiration date if the individual:
1647-(1) pays the renewal fee of not more than fifty dollars ($50);
1648-(2) provides proof that the individual has maintained status as
1649-a board certified music therapist; and
1650-(3) pays a restoration fee.
1651-(b) Except as provided in subsection (c), if the individual fails to
1652-restore a license not later than one (1) year after it becomes invalid,
1653-the individual must reapply for licensure.
1654-(c) The board may reinstate an invalid license up to three (3)
1655-years after the expiration date of the license if the individual
1656-holding the invalid license meets the requirements under
1657-IC 25-1-8-6.
1658-Sec. 5. The board may place an active license on an inactive
1659-status if a licensee makes a request in writing and pays an inactive
1660-status fee. The license may remain inactive for not more than two
1661-(2) consecutive years. The license may be reactivated if the
1662-licensee:
1663-(1) requests in writing that the board reactivate the license;
1664-and
1665-(2) fulfills other requirements established by the board.
1666-Chapter 4. Scope of Practice
1667-Sec. 1. A licensed professional music therapist may do the
1668-following:
1669-(1) Accept referrals for music therapy services from medical,
1670-developmental, mental health, or education professionals,
1671-family members, and client caregivers or others involved and
1672-authorized with the provision of client services.
1673-SB 338—LS 6564/DI 148 40
1674-(2) Conduct a music therapy assessment of a client to
1675-determine if music therapy treatment is indicated. If
1676-treatment is indicated, the music therapist shall collect
1677-systematic, comprehensive, and accurate information to
1678-determine the appropriateness and type of music therapy
1679-services to provide for the client.
1680-(3) Develop an individualized music therapy treatment plan
1681-for the client that is based upon the results of the music
1682-therapy assessment. The music therapy treatment plan must
1683-include individualized goals and objectives that focus on the
1684-assessed needs and strengths of the client and specify music
1685-therapy approaches and interventions to be used to address
1686-these goals and objectives.
1687-(4) Implement an individualized music therapy treatment plan
1688-that is consistent with any other developmental, rehabilitative,
1689-habilitative, medical, mental health, preventive, wellness care,
1690-or educational services being provided to the client. When
1691-providing educational or health care services, a music
1692-therapist may not replace the services provided by an
1693-audiologist or a speech-language pathologist.
1694-(5) Evaluate the client's response to music therapy and the
1695-music therapy treatment plan, which includes documenting
1696-the change and progress of the client and suggesting
1697-modifications, as appropriate.
1698-(6) Develop a plan for determining when the provision of
1699-music therapy is no longer needed in collaboration with the
1700-client, physician, or other health care or educational provider
1701-of the client, family members of the client, and any other
1702-appropriate person upon whom the client relies for support.
1703-(7) Minimize any barriers to ensure that the client receives
1704-music therapy in the least restrictive environment.
1705-(8) Collaborate with and educate the client, the client's family,
1706-caregiver, and any other appropriate person regarding the
1707-needs of the client that are being addressed in music therapy
1708-and the manner in which the music therapy treatment
1709-addresses those needs.
1710-(9) Use appropriate knowledge and skills to provide an
1711-informed practice, including the use of research, reasoning,
1712-and problem solving skills to determine appropriate actions
1713-in the context of each specific clinical setting.
1714-Sec. 2. A licensed professional music therapist shall do the
1715-following:
1716-SB 338—LS 6564/DI 148 41
1717-(1) Before providing music therapy services to a client for an
1718-identified clinical or developmental need, the licensee shall
1719-review the client's diagnosis, treatment needs, and treatment
1720-plan with the health care providers involved in the client's
1721-care.
1722-(2) Before providing music therapy services to a student for
1723-an identified educational need in a special education setting,
1724-the licensee shall review with the individualized family service
1725-plan or individualized education program team the student's
1726-diagnosis, treatment needs, and treatment plan.
1727-(3) During the provision of music therapy services to a client,
1728-the licensed professional music therapist shall collaborate, as
1729-applicable, with the client's treatment team, including the
1730-client's physician, psychologist, licensed clinical social worker,
1731-or other mental health professional.
1732-(4) During the provision of music therapy services to a client
1733-with a communication disorder, the licensed professional
1734-music therapist shall collaborate and discuss the music
1735-therapy treatment plan with the client's audiologist or
1736-speech-language pathologist so that a music therapist may
1737-work with the client and address communication skills.
1738-(5) When providing educational or health care services, a
1739-licensed professional music therapist may not replace the
1740-services provided by an audiologist or a speech-language
1741-pathologist. Unless authorized to practice speech-language
1742-pathology, music therapists may not evaluate, examine,
1743-instruct, or counsel on speech, language, communication, and
1744-swallowing disorders and conditions. An individual licensed
1745-as a professional music therapist may not represent to the
1746-public that the individual is authorized to treat a
1747-communication disorder. This does not prohibit an individual
1748-licensed as a professional music therapist from representing
1749-to the public that the individual may work with clients who
1750-have a communication disorder and address communication
1751-skills.
1752-(6) Notify the board of a change in the licensed music
1753-therapist's address.
1754-Chapter 5. Unlawful Practices
1755-Sec. 1. Beginning July 1, 2024, an individual may not:
1756-(1) profess to be a licensed music therapist;
1757-(2) use the title:
1758-(A) "licensed music therapist";
1759-SB 338—LS 6564/DI 148 42
1760-(B) "licensed professional music therapist (LPMT)"; or
1761-(C) "music therapist"; or
1762-(3) use any other words indicating or implying that the
1763-individual is a licensed music therapist;
1764- unless the individual is licensed under this article.
1765-Sec. 2. An individual who knowingly and intentionally violates
1766-this chapter after July 1, 2024, commits a Class A misdemeanor.
1767-Sec. 3. (a) The board may issue a sanction for the following acts:
1768-(1) Failure to pay fees when due.
1769-(2) Failure to provide requested information in a timely
1770-manner.
1771-(3) Conviction of a felony.
1772-(4) Conviction of a crime that reflects an inability to practice
1773-music therapy with due regard for the health and safety of
1774-clients and patients, or with due regard for the truth in filing
1775-claims with Medicare, Medicaid, or any third party payor.
1776-(5) Inability or failure to practice music therapy with
1777-reasonable skill and consistent with the welfare of clients and
1778-patients, including negligence in the practice of music therapy,
1779-intoxication, incapacity, abuse of a client or patient, and
1780-engaging in sexual contact with a client or patient.
1781-(6) Disciplinary action by another jurisdiction.
1782-(b) The board may investigate allegations of conduct described
1783-in subsection (a).
1784-(c) The board is authorized to impose one (1) or more of the
1785-following sanctions for a violation of this chapter:
1786-(1) License suspension.
1787-(2) License revocation.
1788-(3) License denial.
1789-(4) Refusal to renew a license.
1790-(5) Probation with conditions.
1791-(6) Reprimand.
1792-(7) A fine of not less than one hundred dollars ($100) and not
1793-more than one thousand dollars ($1,000) for each violation.
1794-Chapter 6. Exemptions
1795-Sec. 1. Nothing in this article may be construed to prohibit or
1796-restrict the practice, services, or activities of the following:
1797-(1) Any person licensed, certified, or regulated under the laws
1798-of this state in another profession or occupation, including
1799-physicians, psychologists, psychoanalysts, registered nurses,
1800-marriage and family therapists, social workers, occupational
1801-therapists, professional or rehabilitation counselors,
1802-SB 338—LS 6564/DI 148 43
1803-speech-language pathologists or audiologists, or personnel
1804-supervised by a licensed professional, performing work,
1805-including the use of music, incidental to the practice of his or
1806-her licensed, certified, or regulated profession or occupation,
1807-if that person does not represent himself or herself as a music
1808-therapist.
1809-(2) Any person whose training and national certification
1810-attests to the individual's preparation and ability to practice
1811-his or her certified profession or occupation, if that person
1812-does not represent himself or herself as a music therapist.
1813-(3) Any practice of music therapy as an integral part of a
1814-program of study for students enrolled in an accredited music
1815-therapy program, if the student does not represent himself or
1816-herself as a music therapist.
1817-(4) Any person who practices music therapy under the
1818-supervision of a licensed professional music therapist, if the
1819-person does not represent himself or herself as a music
1820-therapist.
1821-SECTION 7. IC 25-22.5-2-7, AS AMENDED BY P.L.60-2022,
1822-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1823-JULY 1, 2023]: Sec. 7. (a) The board shall do the following:
1824-(1) Adopt rules and forms necessary to implement this article that
1825-concern, but are not limited to, the following areas:
1826-(A) Qualification by education, residence, citizenship,
1827-training, and character for admission to an examination for
1828-licensure or by endorsement for licensure.
1829-(B) The examination for licensure.
1830-(C) The license or permit.
1831-(D) Fees for examination, permit, licensure, and registration.
1832-(E) Reinstatement of licenses and permits.
1833-(F) Payment of costs in disciplinary proceedings conducted by
1834-the board.
1835-(2) Administer oaths in matters relating to the discharge of the
1836-board's official duties.
1837-(3) Enforce this article and assign to the personnel of the agency
1838-duties as may be necessary in the discharge of the board's duty.
1839-(4) Maintain, through the agency, full and complete records of all
1840-applicants for licensure or permit and of all licenses and permits
1841-issued.
1842-(5) Make available, upon request, the complete schedule of
1843-minimum requirements for licensure or permit.
1844-(6) Issue, at the board's discretion, a temporary permit to an
1845-SB 338—LS 6564/DI 148 44
1846-applicant for the interim from the date of application until the
1847-next regular meeting of the board.
1848-(7) Issue an unlimited license, a limited license, or a temporary
1849-medical permit, depending upon the qualifications of the
1850-applicant, to any applicant who successfully fulfills all of the
1851-requirements of this article.
1852-(8) Adopt rules establishing standards for the competent practice
1853-of medicine, osteopathic medicine, or any other form of practice
1854-regulated by a limited license or permit issued under this article.
1855-(9) Adopt rules regarding the appropriate prescribing of Schedule
1856-III or Schedule IV controlled substances for the purpose of weight
1857-reduction or to control obesity.
1858-(10) Adopt rules establishing standards for office based
1859-procedures that require moderate sedation, deep sedation, or
1860-general anesthesia.
1861-(11) Adopt rules or protocol establishing the following:
1862-(A) An education program to be used to educate women with
1863-high breast density.
1864-(B) Standards for providing an annual screening or diagnostic
1865-test for a woman who is at least forty (40) years of age and
1866-who has been determined to have high breast density.
1867-As used in this subdivision, "high breast density" means a
1868-condition in which there is a greater amount of breast and
1869-connective tissue in comparison to fat in the breast.
1870-(12) Adopt rules establishing standards and protocols for the
1871-prescribing of controlled substances.
1872-(13) Adopt rules as set forth in IC 25-23.4 concerning the
1873-certification of certified direct entry midwives.
1874-(14) In consultation with the state department of health and the
1875-office of the secretary of family and social services, adopt rules
1876-under IC 4-22-2 or protocols concerning the following for
1877-providers that are providing office based opioid treatment:
1878-(A) Requirements of a treatment agreement (as described in
1879-IC 12-23-20-2) concerning the proper referral and treatment of
1880-mental health and substance use.
1881-(B) Parameters around the frequency and types of visits
1882-required for the periodic scheduled visits required by
1883-IC 12-23-20-2.
1884-(C) Conditions on when the following should be ordered or
1885-performed:
1886-(i) A urine toxicology screening.
1887-(ii) HIV, hepatitis B, and hepatitis C testing.
1888-SB 338—LS 6564/DI 148 45
1889-(D) Required documentation in a patient's medical record
1890-when buprenorphine is prescribed over a specified dosage.
1891-(15) Adopt rules as set forth in IC 25-14.5 concerning the
1892-certification of certified dietitians.
1893-(16) Adopt rules and establish fees as set forth in IC 25-8.5-2-6
1894-concerning the licensure of behavior analysts.
1895-(17) Administer the interstate medical licensure compact under
1896-IC 25-22.5-16, including appointing members to the interstate
1897-medical licensure compact commission and adopting any rules
1898-necessary to administer the compact.
1899-(18) Oversee the licensure of the following:
1900-(A) Art therapists under IC 25-4.5.
1901-(B) Professional music therapists under IC 25-21.9.
1902-(b) The board may adopt rules that establish:
1903-(1) certification requirements for child death pathologists;
1904-(2) an annual training program for child death pathologists under
1905-IC 16-35-7-3(b)(2); and
1906-(3) a process to certify a qualified child death pathologist.
1907-(c) The board may adopt rules under IC 4-22-2 establishing
1908-guidelines for the practice of telehealth in Indiana. Adoption of rules
1909-under this subsection may not delay the implementation and provision
1910-of telehealth services by a provider under IC 25-1-9.5.".
1911-Page 23, delete lines 1 through 7.
1912-Page 23, delete lines 30 through 42, begin a new paragraph and
1913-insert:
1914-"SECTION 9. IC 35-52-25-2.7 IS ADDED TO THE INDIANA
1915-CODE AS A NEW SECTION TO READ AS FOLLOWS
1916-[EFFECTIVE JULY 1, 2023]: Sec. 2.7. IC 25-4.5-4-6 defines a crime
1917-concerning unlawful practice of art therapy.
1918-SECTION 10. IC 35-52-25-23.5 IS ADDED TO THE INDIANA
1919-CODE AS A NEW SECTION TO READ AS FOLLOWS
1920-[EFFECTIVE JULY 1, 2023]: Sec. 23.5. IC 25-21.9-5-2 defines a
1921-crime concerning unlawful practice of music therapy.".
1922-Delete page 24.
1923-Renumber all SECTIONS consecutively.
1924-and when so amended that said bill do pass.
1925-(Reference is to SB 338 as introduced.)
1926-CHARBONNEAU, Chairperson
1927-Committee Vote: Yeas 12, Nays 0.
1928-SB 338—LS 6564/DI 148
757+11 SECTION 19. IC 25-23.6-12 IS ADDED TO THE INDIANA
758+12 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
759+13 [EFFECTIVE JULY 1, 2023]:
760+14 Chapter 12. Music Therapists; Licensure; Examinations
761+15 Sec. 1. An individual who applies for a license as a music
762+16 therapist must meet the following requirements:
763+17 (1) Furnish satisfactory evidence to the board that the
764+18 individual has received a bachelor's degree or higher in music
765+19 therapy or in a related area as determined by the board from:
766+20 (A) an accredited postsecondary educational institution; or
767+21 (B) a foreign school that has a program of study;
768+22 that meets the requirements under section 2 of this chapter or
769+23 has been approved by the board or the American Music
770+24 Therapy Association or its successor organization.
771+25 (2) Furnish satisfactory evidence to the board that the
772+26 individual does not have a:
773+27 (A) conviction for a crime of violence (as defined in
774+28 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
775+29 (B) conviction in the previous two (2) years that has a
776+30 direct bearing on the individual's ability to practice
777+31 competently.
778+32 (3) Furnish satisfactory evidence to the board that the
779+33 individual has not been the subject of a disciplinary action by
780+34 a licensing or certification agency of another state or
781+35 jurisdiction on the grounds that the individual was not able to
782+36 practice as a music therapist without endangering the public.
783+37 (4) Pass an examination provided by the Certification Board
784+38 for Music Therapists or its successor organization.
785+39 (5) Pay the fee established by the board.
786+40 Sec. 2. An applicant under section 1 of this chapter must have
787+41 a baccalaureate or higher degree in music therapy or in a related
788+42 area as determined by the board from an eligible postsecondary
789+2023 IN 338—LS 6564/DI 148 19
790+1 educational institution that meets the following requirements:
791+2 (1) If the institution is located in the United States or a
792+3 territory of the United States, at the time of the applicant's
793+4 graduation the institution was accredited by a regional
794+5 accrediting body recognized by the Commission on
795+6 Recognition of Postsecondary Accreditation.
796+7 (2) If the institution is located in Canada, at the time of the
797+8 applicant's graduation the institution was a member in good
798+9 standing with the Association of Universities and Colleges of
799+10 Canada.
800+11 (3) If the institution is located in a foreign country other than
801+12 Canada, at the time of the applicant's graduation the
802+13 institution:
803+14 (A) was recognized by the government of the country
804+15 where the school was located as a program to train in the
805+16 practice of music therapy; and
806+17 (B) maintained a standard of training substantially
807+18 equivalent to the standards of institutions accredited by a
808+19 regional accrediting body recognized by the Commission
809+20 on Recognition of Postsecondary Accreditation.
810+21 Sec. 3. An individual who applies for music therapist licensure
811+22 under this article may be exempted by the board from the
812+23 examination requirement under section 1 of this chapter if the
813+24 individual:
814+25 (1) is licensed or certified as a music therapist in another state
815+26 or jurisdiction and has passed a licensing or certification
816+27 examination substantially equivalent to the certification
817+28 examination required under this chapter;
818+29 (2) has engaged in the practice of music therapy for at least
819+30 three (3) of the previous five (5) years;
820+31 (3) has passed an examination pertaining to the music therapy
821+32 laws and rules of Indiana; and
822+33 (4) has not committed any act and is not under investigation
823+34 for any act that constitutes a violation of this article.
824+35 Sec. 4. (a) A license issued by the board under this chapter is
825+36 valid for the remainder of the renewal period in effect on the date
826+37 the license was issued.
827+38 (b) An individual may renew a license by paying a renewal fee
828+39 on or before the expiration date of the license.
829+40 (c) If an individual fails to pay a renewal fee on or before the
830+41 expiration date of a license, the license is invalid.
831+42 Sec. 5. (a) The board may reinstate an invalid license up to three
832+2023 IN 338—LS 6564/DI 148 20
833+1 (3) years after the expiration date of the license if the individual
834+2 holding the invalid license meets the requirements under
835+3 IC 25-1-8-6.
836+4 (b) If more than three (3) years have elapsed since the date the
837+5 license expired, the individual holding the license may renew the
838+6 license by satisfying the requirements for renewal established by
839+7 the board and meeting the requirements of IC 25-1-8-6.
840+8 Sec. 6. (a) The board shall exempt an individual from the
841+9 requirements set forth in this article and grant the individual a
842+10 music therapy license if the individual meets the following
843+11 requirements:
844+12 (1) Holds, before July 1, 2024, a bachelor's degree or higher
845+13 in music therapy or a related discipline from an eligible
846+14 postsecondary educational institution.
847+15 (2) Furnishes satisfactory evidence to the board that the
848+16 individual does not have a:
849+17 (A) conviction for a crime of violence (as defined in
850+18 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(13)); or
851+19 (B) conviction in the previous two (2) years that has a
852+20 direct bearing on the individual's ability to practice
853+21 competently.
854+22 (3) Has engaged in the practice of music therapy for at least
855+23 three (3) years.
856+24 (4) Files an initial application to the board before July 1, 2025.
857+25 (b) This section expires January 1, 2026.
858+26 Sec. 7. A licensed music therapist may do the following:
859+27 (1) Accept referrals for music therapy services from medical,
860+28 developmental, mental health, or education professionals,
861+29 family members, and client caregivers or others involved and
862+30 authorized with the provision of client services. However,
863+31 before engaging in the practice of music therapy with:
864+32 (A) a client for an identified clinical or developmental
865+33 need, the music therapist shall review with the health care
866+34 provider involved in the client's care the client's diagnosis,
867+35 treatment needs, and treatment plan; and
868+36 (B) a client who is a primary or secondary school student
869+37 who is referred for an identified educational need, the
870+38 music therapist shall review with the individualized family
871+39 service plan team or individual education plan team
872+40 concerning the student's diagnosis, treatment needs, and
873+41 treatment plan.
874+42 (2) Conduct a music therapy assessment of a client to
875+2023 IN 338—LS 6564/DI 148 21
876+1 determine if music therapy treatment is indicated. If
877+2 treatment is indicated, the music therapist shall collect
878+3 systematic, comprehensive, and accurate information to
879+4 determine the appropriateness and type of music therapy
880+5 services to provide for the client.
881+6 (3) Develop an individualized music therapy treatment plan
882+7 for the client that is based upon the results of the music
883+8 therapy assessment. The music therapy treatment plan must
884+9 include individualized goals and objectives that focus on the
885+10 assessed needs and strengths of the client and specify music
886+11 therapy approaches and interventions to be used to address
887+12 these goals and objectives.
888+13 (4) Implement an individualized music therapy treatment plan
889+14 that is consistent with any other developmental, rehabilitative,
890+15 habilitative, medical, mental health, preventive, wellness care,
891+16 or educational services being provided to the client. When
892+17 providing educational or health care services, a music
893+18 therapist may not replace the services provided by an
894+19 audiologist or a speech-language pathologist.
895+20 (5) Evaluate the client's response to music therapy and the
896+21 music therapy treatment plan, that includes documenting the
897+22 change and progress of the client and suggesting
898+23 modifications, as appropriate.
899+24 (6) Develop a plan for determining when the provision of
900+25 music therapy is no longer needed in collaboration with the
901+26 client, physician, or other health care or educational provider
902+27 of the client, family members of the client, and any other
903+28 appropriate person upon whom the client relies for support.
904+29 (7) Minimize any barriers to ensure that the client receives
905+30 music therapy in the least restrictive environment.
906+31 (8) Collaborate with and educate the client, the client's family,
907+32 caregiver, and any other appropriate person regarding the
908+33 needs of the client that are being addressed in music therapy
909+34 and the manner in which the music therapy treatment
910+35 addresses those needs.
911+36 (9) Use appropriate knowledge and skills to provide an
912+37 informed practice, including use of research, reasoning, and
913+38 problem solving skills to determine appropriate actions in the
914+39 context of each specific clinical setting.
915+40 (10) Provide music therapy to the client in an individual or
916+41 group setting.
917+42 (11) Provide music therapy that includes music improvisation,
918+2023 IN 338—LS 6564/DI 148 22
919+1 receptive music listening, song writing, lyric discussion, music
920+2 and imagery, singing, music performance, learning through
921+3 music, music combined with other arts, music assisted
922+4 relaxation, music based patient education, electronic music
923+5 technology, adapted music intervention, and movement to
924+6 music.
925+7 Sec. 8. A licensed music therapist shall do the following:
926+8 (1) When engaging in the practice of music therapy with a
927+9 client, the music therapist shall collaborate, as applicable,
928+10 with the client's treatment team, including a physician,
929+11 psychologist, licensed social worker or clinical social worker,
930+12 or other mental health professional.
931+13 (2) When engaging in the practice of music therapy with a
932+14 client who has a communication disorder, the music therapist
933+15 shall collaborate and discuss the music therapy treatment
934+16 plan with the client's audiologist or speech-language
935+17 pathologist.
936+18 SECTION 20. IC 25-23.6-13 IS ADDED TO THE INDIANA
937+19 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
938+20 [EFFECTIVE JULY 1, 2023]:
939+21 Chapter 13. Music Therapist; Unlawful Practices; Penalty
940+22 Sec. 1. Beginning July 1, 2024, an individual may not:
941+23 (1) profess to be a licensed music therapist;
942+24 (2) use the title:
943+25 (A) "licensed music therapist"; or
944+26 (B) "music therapist"; or
945+27 (3) use any other words indicating or implying that the
946+28 individual is a licensed music therapist;
947+29 unless the individual is licensed under this article.
948+30 Sec. 2. This article may not be construed to limit music therapy
949+31 services performed by a person who does not use a title specified in
950+32 this chapter and who is any of the following:
951+33 (1) A licensed, certified, or registered health care professional,
952+34 counselor, or educational professional acting within the scope
953+35 of the person's license, certificate, or registration.
954+36 (2) A student, an intern, or a trainee pursuing a course of
955+37 study in a health care profession, counseling, or education or
956+38 a course of study to gain licensure under this article.
957+39 (3) A nonresident of Indiana if the person performs music
958+40 therapy in Indiana for not more than:
959+41 (A) five (5) days in any one (1) month; or
960+42 (B) fifteen (15) days in any one (1) calendar year;
961+2023 IN 338—LS 6564/DI 148 23
962+1 and the person is authorized to perform such services under
963+2 the laws of the state or country in which the person resides.
964+3 (4) A person who performs music therapy under the
965+4 supervision of a music therapist.
966+5 Sec. 3. An individual who knowingly and intentionally violates
967+6 section 1 of this chapter after July 1, 2024, commits a Class A
968+7 misdemeanor.
969+8 SECTION 21. IC 31-32-11-1, AS AMENDED BY P.L.122-2009,
970+9 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
971+10 JULY 1, 2023]: Sec. 1. The privileged communication between:
972+11 (1) a husband and wife;
973+12 (2) a health care provider and the health care provider's patient;
974+13 (3) a:
975+14 (A) licensed social worker;
976+15 (B) licensed clinical social worker;
977+16 (C) licensed marriage and family therapist;
978+17 (D) licensed mental health counselor;
979+18 (E) licensed addiction counselor; or
980+19 (F) licensed clinical addiction counselor;
981+20 (G) licensed music therapist; or
982+21 (H) licensed art therapist;
983+22 and a client of any of the professionals described in clauses (A)
984+23 through (F); (H);
985+24 (4) a school counselor and a student; or
986+25 (5) a school psychologist and a student;
987+26 is not a ground for excluding evidence in any judicial proceeding
988+27 resulting from a report of a child who may be a victim of child abuse
989+28 or neglect or relating to the subject matter of the report or failing to
990+29 report as required by IC 31-33.
991+30 SECTION 22. IC 35-52-25-31.2 IS ADDED TO THE INDIANA
992+31 CODE AS A NEW SECTION TO READ AS FOLLOWS
993+32 [EFFECTIVE JULY 1, 2023]: Sec. 31.2. IC 25-23.6-4.7-5 defines a
994+33 crime concerning unlawful practice of art therapy.
995+34 SECTION 23. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
996+35 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
997+36 JULY 1, 2023]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
998+37 marriage and family therapists. a description of services an
999+38 individual performs.
1000+39 SECTION 24. IC 35-52-25-35, AS ADDED BY P.L.169-2014,
1001+40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1002+41 JULY 1, 2023]: Sec. 35. IC 25-23.6-11-2 defines a crime concerning
1003+42 marriage and family therapists. the use of a license issued.
1004+2023 IN 338—LS 6564/DI 148 24
1005+1 SECTION 25. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
1006+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1007+3 JULY 1, 2023]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
1008+4 marriage and family therapists. false or forged information or
1009+5 documents.
1010+6 SECTION 26. IC 35-52-25-36.5 IS ADDED TO THE INDIANA
1011+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
1012+8 [EFFECTIVE JULY 1, 2023]: Sec. 36.5. IC 25-23.6-13-3 defines a
1013+9 crime concerning unlawful practice of music therapy.
1014+10 SECTION 27. [EFFECTIVE JULY 1, 2023] (a) The definitions in
1015+11 IC 25-23.6-1, as amended by this act, apply throughout this
1016+12 SECTION.
1017+13 (b) Notwithstanding IC 25-23.6-2-2(a)(8) and
1018+14 IC 25-23.6-2-2(a)(9), as amended by this act, before July 1, 2024,
1019+15 a music therapist or art therapist member of the board is not
1020+16 required to be licensed under IC 25-23.6.
1021+17 (c) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1022+18 the two (2) members initially appointed to the board under
1023+19 IC 25-23.6-2-2(a)(8), as amended by this act, shall be appointed to
1024+20 terms beginning July 1, 2023, as follows:
1025+21 (1) One (1) music therapist shall be appointed to a term of one
1026+22 (1) year by the governor.
1027+23 (2) One (1) music therapist shall be appointed to a term of
1028+24 three (3) years by the governor.
1029+25 (d) Notwithstanding IC 25-23.6-2-2(a), as amended by this act,
1030+26 the two (2) members initially appointed to the board under
1031+27 IC 25-23.6-2-2(a)(9), as amended by this act, shall be appointed to
1032+28 terms beginning July 1, 2023, as follows:
1033+29 (1) One (1) art therapist shall be appointed to a term of two
1034+30 (2) years by the governor.
1035+31 (2) One (1) art therapist shall be appointed to a term of four
1036+32 (4) years by the governor.
1037+33 (e) This SECTION expires July 1, 2026.
1038+2023 IN 338—LS 6564/DI 148