Indiana 2024 Regular Session

Indiana House Bill HB1103 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1103
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 25-27.6; IC 35-52-25-48.5.
7	7	Synopsis: Licensed professional music therapists. Provides for the
8	8	licensure of professional music therapists by the medical licensing
9	9	board. Establishes a music therapy advisory council to advise the
10	10	medical licensing board. Establishes requirements and procedures for
11	11	an individual to be licensed as a professional music therapist. Prohibits
12	12	a person who is not licensed as a music therapist from using certain
13	13	titles or certain words in a title.
14	14	Effective: July 1, 2024.
15	15	Gore
16	16	January 8, 2024, read first time and referred to Committee on Public Health.
17	17	2024 IN 1103—LS 6695/DI 148 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1103
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	professions and occupations.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 25-27.6 IS ADDED TO THE INDIANA CODE AS
33	33	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
34	34	3 2024]:
35	35	4 ARTICLE 27.6. LICENSED PROFESSIONAL MUSIC
36	36	5 THERAPISTS
37	37	6 Chapter 1. Definitions
38	38	7 Sec. 1. "Applicant" means an individual who applies to the
39	39	8 board for a license to practice music therapy.
40	40	9 Sec. 2. "Board" refers to the medical licensing board of Indiana.
41	41	10 Sec. 3. "Board certified music therapist" means an individual
42	42	11 who holds a current board certification from the Certification
43	43	12 Board for Music Therapists.
44	44	13 Sec. 4. "Council" refers to the music therapy advisory council
45	45	14 established by IC 25-27.6-2-1.
46	46	15 Sec. 5. "Licensed professional music therapist" means a person
47	47	16 licensed to practice music therapy under this article.
48	48	17 Sec. 6. (a) "Practice of music therapy" or "practice music
49	49	2024 IN 1103—LS 6695/DI 148 2
50	50	1 therapy" means providing professional services that:
51	51	2 (1) are delivered by a board certified music therapist;
52	52	3 (2) use clinical and evidence based music interventions to
53	53	4 accomplish individualized goals for clients of any age or
54	54	5 ability level within a therapeutic relationship; and
55	55	6 (3) include:
56	56	7 (A) developing individualized music therapy treatment
57	57	8 plans specific to the needs and strengths of each client; and
58	58	9 (B) establishing goals, objectives, and potential strategies
59	59	10 of the music therapy services that are appropriate for the
60	60	11 client and setting.
61	61	12 (b) The term does not include the screening, diagnosis, or
62	62	13 assessment of any physical, mental, or communication disorder.
63	63	14 Chapter 2. Music Therapy Advisory Council
64	64	15 Sec. 1. The music therapy advisory council is established as a
65	65	16 permanent entity under the executive branch of state government.
66	66	17 The council's purpose is to provide the board with expertise and
67	67	18 assistance in carrying out the board's duties under this chapter.
68	68	19 Sec. 2. (a) The council consists of the following five (5) members,
69	69	20 who are familiar with the practice of music therapy, appointed by
70	70	21 the board:
71	71	22 (1) Three (3) members who are licensed professional music
72	72	23 therapists.
73	73	24 (2) One (1) member who is a licensed health care provider
74	74	25 who is not a music therapist.
75	75	26 (3) One (1) member who is a consumer.
76	76	27 (b) The board shall appoint a council member to serve as
77	77	28 chairperson. The chairperson serves at the pleasure of the board.
78	78	29 The chairperson serves a two (2) year term, but may be
79	79	30 reappointed by the board.
80	80	31 Sec. 3. (a) Except as otherwise provided in this section, a
81	81	32 member serves a term of four (4) years, ending on June 30.
82	82	33 (b) A vacancy in the council membership must be filled in the
83	83	34 same manner as a regular appointment. A member appointed to
84	84	35 fill a vacancy in the membership of the council may serve only for
85	85	36 the unexpired portion of the original, vacated term, but may be
86	86	37 reappointed by the board.
87	87	38 (c) A member serves without compensation.
88	88	39 (d) The initial appointments to the council are for a term that
89	89	40 ends June 30, 2027.
90	90	41 Sec. 4. (a) Notwithstanding section 2(a)(1) of this chapter, before
91	91	42 July 1, 2025, a member is not required to be licensed under this
92	92	2024 IN 1103—LS 6695/DI 148 3
93	93	1 article.
94	94	2 (b) The board may reappoint a council member whose term
95	95	3 expires.
96	96	4 Sec. 5. (a) The council shall meet at least one (1) time annually
97	97	5 and at other times as called by the board.
98	98	6 (b) Three (3) members must be present to constitute a quorum.
99	99	7 Sec. 6. The executive branch shall staff the council.
100	100	8 Sec. 7. The board shall consult with the council:
101	101	9 (1) on issues related to music therapy; and
102	102	10 (2) before setting or changing fees under this article.
103	103	11 Sec. 8. The council may do the following:
104	104	12 (1) Facilitate the development of materials that the board may
105	105	13 use to educate the public concerning:
106	106	14 (A) music therapist licensure;
107	107	15 (B) the benefits of music therapy; and
108	108	16 (C) the use of music therapy:
109	109	17 (i) by individuals; and
110	110	18 (ii) in facilities or institutional settings.
111	111	19 (2) Act as a facilitator of statewide dissemination of
112	112	20 information between:
113	113	21 (A) the board; and
114	114	22 (B) any of the following:
115	115	23 (i) Music therapists.
116	116	24 (ii) The American Music Therapy Association or any
117	117	25 successor organization.
118	118	26 (iii) The Certification Board for Music Therapists or any
119	119	27 successor organization.
120	120	28 Sec. 9. The council shall, at least annually, provide analysis of
121	121	29 the following:
122	122	30 (1) Disciplinary actions taken.
123	123	31 (2) Appeals and denials.
124	124	32 (3) Revocation of licenses.
125	125	33 Chapter 3. Licensure
126	126	34 Sec. 1. A license applicant must meet the following
127	127	35 requirements:
128	128	36 (1) Be at least eighteen (18) years of age on the date of
129	129	37 application.
130	130	38 (2) Furnish satisfactory evidence to the board that the
131	131	39 applicant has received a bachelor's degree or higher in music
132	132	40 therapy or a related area (as determined by the board) from
133	133	41 a postsecondary educational institution that meets the
134	134	42 requirements of section 2 of this chapter.
135	135	2024 IN 1103—LS 6695/DI 148 4
136	136	1 (3) Furnish satisfactory evidence to the board that the
137	137	2 applicant does not have a:
138	138	3 (A) conviction for a crime of violence (as defined in
139	139	4 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or
140	140	5 (B) conviction in the previous two (2) years that has a
141	141	6 direct bearing on the individual's ability to practice
142	142	7 competently.
143	143	8 (4) Furnish satisfactory evidence to the board that the
144	144	9 applicant has not been the subject of a disciplinary action by
145	145	10 a licensing or certification agency of another state or
146	146	11 jurisdiction on the grounds that the individual was not able to
147	147	12 practice as a music therapist without endangering the public.
148	148	13 (5) Pass an examination provided by the Certification Board
149	149	14 for Music Therapists or its successor organization, or provide
150	150	15 proof of being transitioned into board certification.
151	151	16 (6) Hold current board certification from the Certification
152	152	17 Board for Music Therapists or its successor organization.
153	153	18 (7) Pay the fee established by the board.
154	154	19 Sec. 2. An applicant must have a bachelor's degree or higher in
155	155	20 music therapy or a related area (as determined by the board) from
156	156	21 a postsecondary educational institution that meets the following
157	157	22 requirements at the time of the applicant's graduation:
158	158	23 (1) If the institution is located in the United States or a
159	159	24 territory of the United States, the institution was accredited
160	160	25 by a regional accrediting body recognized by the Commission
161	161	26 on Recognition of Postsecondary Accreditation.
162	162	27 (2) If the institution is located in Canada, the institution was
163	163	28 a member in good standing with the Association of
164	164	29 Universities and Colleges of Canada.
165	165	30 (3) If the institution is located in a foreign country other than
166	166	31 Canada, the institution:
167	167	32 (A) was recognized by the government of the country
168	168	33 where the school was located as a program to train in the
169	169	34 practice of music therapy; and
170	170	35 (B) maintained a standard of training substantially
171	171	36 equivalent to the standards of institutions accredited by a
172	172	37 regional accrediting body recognized by the Commission
173	173	38 on Recognition of Postsecondary Accreditation.
174	174	39 Sec. 3. (a) A license issued by the board under this chapter is
175	175	40 valid for the remainder of the renewal period in effect on the date
176	176	41 the license is issued.
177	177	42 (b) An individual may renew a license by:
178	178	2024 IN 1103—LS 6695/DI 148 5
179	179	1 (1) paying a renewal fee on or before the expiration date of
180	180	2 the license; and
181	181	3 (2) providing evidence of the individual's maintained status as
182	182	4 a board certified music therapist.
183	183	5 (c) A license is invalid if an individual:
184	184	6 (1) fails to pay a renewal fee on or before the expiration date
185	185	7 of a license; or
186	186	8 (2) is unable to prove that the individual has maintained
187	187	9 status as a board certified music therapist.
188	188	10 Sec. 4. (a) The board may reinstate an invalid license up to three
189	189	11 (3) years after the expiration date of the license if the individual
190	190	12 holding the invalid license meets the requirements under
191	191	13 IC 25-1-8-6.
192	192	14 (b) If more than three (3) years have elapsed since the date the
193	193	15 license expired, the individual holding the license may renew the
194	194	16 license by:
195	195	17 (1) satisfying the requirements for renewal established by the
196	196	18 board; and
197	197	19 (2) meeting the requirements of IC 25-1-8-6.
198	198	20 Sec. 5. (a) The board shall exempt an individual from the
199	199	21 requirements in this chapter and grant the individual a music
200	200	22 therapy license if the individual meets the following requirements:
201	201	23 (1) Holds, before July 1, 2024, a bachelor's degree or higher
202	202	24 in music therapy or a related discipline from a postsecondary
203	203	25 educational institution that meets the requirements in section
204	204	26 2 of this chapter.
205	205	27 (2) Furnishes satisfactory evidence to the board that the
206	206	28 individual does not have a:
207	207	29 (A) conviction for a crime of violence (as defined in
208	208	30 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or
209	209	31 (B) conviction in the previous two (2) years that has a
210	210	32 direct bearing on the individual's ability to practice
211	211	33 competently.
212	212	34 (3) Has engaged in the practice of music therapy for at least
213	213	35 three (3) years.
214	214	36 (4) Holds current board certification from the Certification
215	215	37 Board for Music Therapists or its successor organization.
216	216	38 (5) Files an initial application to the board before July 1, 2025.
217	217	39 (b) This section expires January 1, 2026.
218	218	40 Chapter 4. Scope of Practice
219	219	41 Sec. 1. A licensed professional music therapist may do the
220	220	42 following:
221	221	2024 IN 1103—LS 6695/DI 148 6
222	222	1 (1) Accept referrals for music therapy services from medical,
223	223	2 developmental, mental health, or education professionals,
224	224	3 family members, and client caregivers or others involved and
225	225	4 authorized with the provision of client services. However,
226	226	5 before engaging in the practice of music therapy with:
227	227	6 (A) a client for an identified clinical or developmental
228	228	7 need, the music therapist shall review with the health care
229	229	8 provider involved in the client's care the client's diagnosis,
230	230	9 treatment needs, and treatment plan; and
231	231	10 (B) a client who is a primary or secondary school student
232	232	11 who is referred for an identified educational need, the
233	233	12 music therapist shall review with the individualized family
234	234	13 service plan team or individualized education program
235	235	14 team concerning the student's diagnosis, treatment needs,
236	236	15 and treatment plan.
237	237	16 (2) Conduct a music therapy assessment of a client to
238	238	17 determine if music therapy treatment is indicated. If
239	239	18 treatment is indicated, the music therapist shall collect
240	240	19 systematic, comprehensive, and accurate information to
241	241	20 determine the appropriateness and type of music therapy
242	242	21 services to provide for the client.
243	243	22 (3) Develop an individualized music therapy treatment plan
244	244	23 for the client that is based on the results of the music therapy
245	245	24 assessment. The music therapy treatment plan must include
246	246	25 individualized goals and objectives that focus on the assessed
247	247	26 needs and strengths of the client and specify music therapy
248	248	27 approaches and interventions to be used to address these goals
249	249	28 and objectives.
250	250	29 (4) Implement an individualized music therapy treatment plan
251	251	30 that is consistent with any other developmental, rehabilitative,
252	252	31 habilitative, medical, mental health, preventive, wellness care,
253	253	32 or educational services being provided to the client. When
254	254	33 providing educational or health care services, a music
255	255	34 therapist may not replace the services provided by an
256	256	35 audiologist or a speech-language pathologist.
257	257	36 (5) Evaluate the client's response to music therapy and the
258	258	37 music therapy treatment plan, which includes documenting
259	259	38 the change and progress of the client and suggesting
260	260	39 modifications, as appropriate.
261	261	40 (6) Develop a plan for determining when the provision of
262	262	41 music therapy is no longer needed in collaboration with the
263	263	42 client, physician, or other health care or educational provider
264	264	2024 IN 1103—LS 6695/DI 148 7
265	265	1 of the client, family members of the client, and any other
266	266	2 appropriate person upon whom the client relies for support.
267	267	3 (7) Minimize any barriers to ensure that the client receives
268	268	4 music therapy in the least restrictive environment.
269	269	5 (8) Collaborate with and educate the client, the client's family,
270	270	6 caregiver, and any other appropriate person regarding the
271	271	7 needs of the client that are being addressed in music therapy
272	272	8 and the manner in which the individualized music therapy
273	273	9 treatment addresses those needs.
274	274	10 (9) Use appropriate knowledge and skills to provide an
275	275	11 informed practice, including the use of research, reasoning,
276	276	12 and problem solving skills to determine appropriate actions
277	277	13 in the context of each specific clinical setting.
278	278	14 (10) Provide music therapy to the client in an individual or a
279	279	15 group setting.
280	280	16 (11) Provide music therapy that includes music improvisation,
281	281	17 receptive music listening, song writing, lyric discussion, music
282	282	18 and imagery, singing, music performance, learning through
283	283	19 music, music combined with other arts, music assisted
284	284	20 relaxation, music based patient education, electronic music
285	285	21 technology, adapted music intervention, and movement to
286	286	22 music.
287	287	23 Sec. 2. (a) A licensed professional music therapist shall do the
288	288	24 following:
289	289	25 (1) When engaging in the practice of music therapy with a
290	290	26 client, collaborate, as applicable, with the client's treatment
291	291	27 team, including the client's physician, psychologist, licensed
292	292	28 clinical social worker, or other mental health professional.
293	293	29 (2) When engaging in the practice of music therapy with a
294	294	30 client who has a communication disorder, collaborate and
295	295	31 discuss the individualized music therapy treatment plan with
296	296	32 the client's audiologist or speech-language pathologist so that
297	297	33 the licensed professional music therapist may work with the
298	298	34 client and address communication skills.
299	299	35 (3) Notify the board of a change in the licensed professional
300	300	36 music therapist's address.
301	301	37 (b) When providing educational or health care services, a
302	302	38 licensed professional music therapist may not replace the services
303	303	39 provided by an audiologist or a speech-language pathologist.
304	304	40 Unless authorized to practice speech-language pathology, licensed
305	305	41 professional music therapists may not evaluate, examine, instruct,
306	306	42 or counsel on speech, language, communication, and swallowing
307	307	2024 IN 1103—LS 6695/DI 148 8
308	308	1 disorders and conditions. An individual licensed as a professional
309	309	2 music therapist may not represent to the public that the individual
310	310	3 is authorized to treat a communication disorder. This does not
311	311	4 prohibit an individual licensed as a professional music therapist
312	312	5 from representing to the public that the individual may work with
313	313	6 clients who have a communication disorder and address
314	314	7 communication skills.
315	315	8 Chapter 5. Unlawful Practices
316	316	9 Sec. 1. This chapter does not limit music therapy services
317	317	10 performed by an individual who:
318	318	11 (1) does not use a title specified in this chapter; and
319	319	12 (2) is any of the following:
320	320	13 (A) A licensed, certified, or registered health care
321	321	14 professional, counselor, or education professional acting
322	322	15 within the scope of the individual's license, certificate, or
323	323	16 registration.
324	324	17 (B) A student, an intern, or a trainee pursuing a course of
325	325	18 study in a health care profession, counseling, education, or
326	326	19 to gain licensure under this article.
327	327	20 (C) An individual who is not a resident of Indiana if the
328	328	21 individual performs music therapy in Indiana for not more
329	329	22 than:
330	330	23 (i) five (5) days in any one (1) month; or
331	331	24 (ii) fifteen (15) days in any one (1) calendar year;
332	332	25 and the individual is authorized to perform music therapy
333	333	26 in the state in which the individual resides.
334	334	27 (D) An individual who performs music therapy under the
335	335	28 supervision of a licensed music therapist.
336	336	29 Sec. 2. (a) Beginning July 1, 2025, an individual may not:
337	337	30 (1) profess to be a licensed music therapist;
338	338	31 (2) use the title:
339	339	32 (A) "licensed music therapist";
340	340	33 (B) "licensed professional music therapist (LPMT)"; or
341	341	34 (C) "music therapist"; or
342	342	35 (3) use any other words indicating or implying that the
343	343	36 individual is a licensed music therapist;
344	344	37 unless the individual is licensed under this article.
345	345	38 (b) Beginning July 1, 2025, an individual who knowingly and
346	346	39 intentionally violates this section commits a Class A misdemeanor.
347	347	40 Sec. 3. (a) The board may issue a sanction for the following acts:
348	348	41 (1) Failure to pay fees when due.
349	349	42 (2) Failure to provide requested information in a timely
350	350	2024 IN 1103—LS 6695/DI 148 9
351	351	1 manner.
352	352	2 (3) Conviction of a felony.
353	353	3 (4) Conviction of a crime that reflects an inability to practice
354	354	4 music therapy with due regard for the health and safety of
355	355	5 clients and patients, or with due regard for the truth in filing
356	356	6 claims with Medicare, Medicaid, or any third party payor.
357	357	7 (5) Inability or failure to practice music therapy with
358	358	8 reasonable skill and consistent with the welfare of clients and
359	359	9 patients, including negligence in the practice of music therapy,
360	360	10 intoxication, incapacity, abuse of a client or patient, and
361	361	11 engaging in sexual contact with a client or patient.
362	362	12 (6) Disciplinary action by another jurisdiction.
363	363	13 (b) The board may investigate allegations of conduct described
364	364	14 in subsection (a).
365	365	15 (c) The board is authorized to impose one (1) or more of the
366	366	16 following sanctions for a violation of this chapter:
367	367	17 (1) License suspension.
368	368	18 (2) License revocation.
369	369	19 (3) License denial.
370	370	20 (4) Refusal to renew a license.
371	371	21 (5) Probation with conditions.
372	372	22 (6) Reprimand.
373	373	23 (7) A fine of not less than one hundred dollars ($100) and not
374	374	24 more than one thousand dollars ($1,000) for each violation.
375	375	25 SECTION 2. IC 35-52-25-48.5 IS ADDED TO THE INDIANA
376	376	26 CODE AS A NEW SECTION TO READ AS FOLLOWS
377	377	27 [EFFECTIVE JULY 1, 2024]: Sec. 48.5. IC 25-27.6-5-2 defines a
378	378	28 crime concerning unlawful practice of music therapy.
379	379	2024 IN 1103—LS 6695/DI 148