Introduced Version
HOUSE BILL No. 1103
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-27.6; IC 35-52-25-48.5.
Synopsis: Licensed professional music therapists. Provides for the
licensure of professional music therapists by the medical licensing
board. Establishes a music therapy advisory council to advise the
medical licensing board. Establishes requirements and procedures for
an individual to be licensed as a professional music therapist. Prohibits
a person who is not licensed as a music therapist from using certain
titles or certain words in a title.
Effective: July 1, 2024.
Gore
January 8, 2024, read first time and referred to Committee on Public Health.
2024 IN 1103—LS 6695/DI 148 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1103
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-27.6 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2024]:
4 ARTICLE 27.6. LICENSED PROFESSIONAL MUSIC
5 THERAPISTS
6 Chapter 1. Definitions
7 Sec. 1. "Applicant" means an individual who applies to the
8 board for a license to practice music therapy.
9 Sec. 2. "Board" refers to the medical licensing board of Indiana.
10 Sec. 3. "Board certified music therapist" means an individual
11 who holds a current board certification from the Certification
12 Board for Music Therapists.
13 Sec. 4. "Council" refers to the music therapy advisory council
14 established by IC 25-27.6-2-1.
15 Sec. 5. "Licensed professional music therapist" means a person
16 licensed to practice music therapy under this article.
17 Sec. 6. (a) "Practice of music therapy" or "practice music
2024 IN 1103—LS 6695/DI 148 2
1 therapy" means providing professional services that:
2 (1) are delivered by a board certified music therapist;
3 (2) use clinical and evidence based music interventions to
4 accomplish individualized goals for clients of any age or
5 ability level within a therapeutic relationship; and
6 (3) include:
7 (A) developing individualized music therapy treatment
8 plans specific to the needs and strengths of each client; and
9 (B) establishing goals, objectives, and potential strategies
10 of the music therapy services that are appropriate for the
11 client and setting.
12 (b) The term does not include the screening, diagnosis, or
13 assessment of any physical, mental, or communication disorder.
14 Chapter 2. Music Therapy Advisory Council
15 Sec. 1. The music therapy advisory council is established as a
16 permanent entity under the executive branch of state government.
17 The council's purpose is to provide the board with expertise and
18 assistance in carrying out the board's duties under this chapter.
19 Sec. 2. (a) The council consists of the following five (5) members,
20 who are familiar with the practice of music therapy, appointed by
21 the board:
22 (1) Three (3) members who are licensed professional music
23 therapists.
24 (2) One (1) member who is a licensed health care provider
25 who is not a music therapist.
26 (3) One (1) member who is a consumer.
27 (b) The board shall appoint a council member to serve as
28 chairperson. The chairperson serves at the pleasure of the board.
29 The chairperson serves a two (2) year term, but may be
30 reappointed by the board.
31 Sec. 3. (a) Except as otherwise provided in this section, a
32 member serves a term of four (4) years, ending on June 30.
33 (b) A vacancy in the council membership must be filled in the
34 same manner as a regular appointment. A member appointed to
35 fill a vacancy in the membership of the council may serve only for
36 the unexpired portion of the original, vacated term, but may be
37 reappointed by the board.
38 (c) A member serves without compensation.
39 (d) The initial appointments to the council are for a term that
40 ends June 30, 2027.
41 Sec. 4. (a) Notwithstanding section 2(a)(1) of this chapter, before
42 July 1, 2025, a member is not required to be licensed under this
2024 IN 1103—LS 6695/DI 148 3
1 article.
2 (b) The board may reappoint a council member whose term
3 expires.
4 Sec. 5. (a) The council shall meet at least one (1) time annually
5 and at other times as called by the board.
6 (b) Three (3) members must be present to constitute a quorum.
7 Sec. 6. The executive branch shall staff the council.
8 Sec. 7. The board shall consult with the council:
9 (1) on issues related to music therapy; and
10 (2) before setting or changing fees under this article.
11 Sec. 8. The council may do the following:
12 (1) Facilitate the development of materials that the board may
13 use to educate the public concerning:
14 (A) music therapist licensure;
15 (B) the benefits of music therapy; and
16 (C) the use of music therapy:
17 (i) by individuals; and
18 (ii) in facilities or institutional settings.
19 (2) Act as a facilitator of statewide dissemination of
20 information between:
21 (A) the board; and
22 (B) any of the following:
23 (i) Music therapists.
24 (ii) The American Music Therapy Association or any
25 successor organization.
26 (iii) The Certification Board for Music Therapists or any
27 successor organization.
28 Sec. 9. The council shall, at least annually, provide analysis of
29 the following:
30 (1) Disciplinary actions taken.
31 (2) Appeals and denials.
32 (3) Revocation of licenses.
33 Chapter 3. Licensure
34 Sec. 1. A license applicant must meet the following
35 requirements:
36 (1) Be at least eighteen (18) years of age on the date of
37 application.
38 (2) Furnish satisfactory evidence to the board that the
39 applicant has received a bachelor's degree or higher in music
40 therapy or a related area (as determined by the board) from
41 a postsecondary educational institution that meets the
42 requirements of section 2 of this chapter.
2024 IN 1103—LS 6695/DI 148 4
1 (3) Furnish satisfactory evidence to the board that the
2 applicant does not have a:
3 (A) conviction for a crime of violence (as defined in
4 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or
5 (B) conviction in the previous two (2) years that has a
6 direct bearing on the individual's ability to practice
7 competently.
8 (4) Furnish satisfactory evidence to the board that the
9 applicant has not been the subject of a disciplinary action by
10 a licensing or certification agency of another state or
11 jurisdiction on the grounds that the individual was not able to
12 practice as a music therapist without endangering the public.
13 (5) Pass an examination provided by the Certification Board
14 for Music Therapists or its successor organization, or provide
15 proof of being transitioned into board certification.
16 (6) Hold current board certification from the Certification
17 Board for Music Therapists or its successor organization.
18 (7) Pay the fee established by the board.
19 Sec. 2. An applicant must have a bachelor's degree or higher in
20 music therapy or a related area (as determined by the board) from
21 a postsecondary educational institution that meets the following
22 requirements at the time of the applicant's graduation:
23 (1) If the institution is located in the United States or a
24 territory of the United States, the institution was accredited
25 by a regional accrediting body recognized by the Commission
26 on Recognition of Postsecondary Accreditation.
27 (2) If the institution is located in Canada, the institution was
28 a member in good standing with the Association of
29 Universities and Colleges of Canada.
30 (3) If the institution is located in a foreign country other than
31 Canada, the institution:
32 (A) was recognized by the government of the country
33 where the school was located as a program to train in the
34 practice of music therapy; and
35 (B) maintained a standard of training substantially
36 equivalent to the standards of institutions accredited by a
37 regional accrediting body recognized by the Commission
38 on Recognition of Postsecondary Accreditation.
39 Sec. 3. (a) A license issued by the board under this chapter is
40 valid for the remainder of the renewal period in effect on the date
41 the license is issued.
42 (b) An individual may renew a license by:
2024 IN 1103—LS 6695/DI 148 5
1 (1) paying a renewal fee on or before the expiration date of
2 the license; and
3 (2) providing evidence of the individual's maintained status as
4 a board certified music therapist.
5 (c) A license is invalid if an individual:
6 (1) fails to pay a renewal fee on or before the expiration date
7 of a license; or
8 (2) is unable to prove that the individual has maintained
9 status as a board certified music therapist.
10 Sec. 4. (a) The board may reinstate an invalid license up to three
11 (3) years after the expiration date of the license if the individual
12 holding the invalid license meets the requirements under
13 IC 25-1-8-6.
14 (b) If more than three (3) years have elapsed since the date the
15 license expired, the individual holding the license may renew the
16 license by:
17 (1) satisfying the requirements for renewal established by the
18 board; and
19 (2) meeting the requirements of IC 25-1-8-6.
20 Sec. 5. (a) The board shall exempt an individual from the
21 requirements in this chapter and grant the individual a music
22 therapy license if the individual meets the following requirements:
23 (1) Holds, before July 1, 2024, a bachelor's degree or higher
24 in music therapy or a related discipline from a postsecondary
25 educational institution that meets the requirements in section
26 2 of this chapter.
27 (2) Furnishes satisfactory evidence to the board that the
28 individual does not have a:
29 (A) conviction for a crime of violence (as defined in
30 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or
31 (B) conviction in the previous two (2) years that has a
32 direct bearing on the individual's ability to practice
33 competently.
34 (3) Has engaged in the practice of music therapy for at least
35 three (3) years.
36 (4) Holds current board certification from the Certification
37 Board for Music Therapists or its successor organization.
38 (5) Files an initial application to the board before July 1, 2025.
39 (b) This section expires January 1, 2026.
40 Chapter 4. Scope of Practice
41 Sec. 1. A licensed professional music therapist may do the
42 following:
2024 IN 1103—LS 6695/DI 148 6
1 (1) Accept referrals for music therapy services from medical,
2 developmental, mental health, or education professionals,
3 family members, and client caregivers or others involved and
4 authorized with the provision of client services. However,
5 before engaging in the practice of music therapy with:
6 (A) a client for an identified clinical or developmental
7 need, the music therapist shall review with the health care
8 provider involved in the client's care the client's diagnosis,
9 treatment needs, and treatment plan; and
10 (B) a client who is a primary or secondary school student
11 who is referred for an identified educational need, the
12 music therapist shall review with the individualized family
13 service plan team or individualized education program
14 team concerning the student's diagnosis, treatment needs,
15 and treatment plan.
16 (2) Conduct a music therapy assessment of a client to
17 determine if music therapy treatment is indicated. If
18 treatment is indicated, the music therapist shall collect
19 systematic, comprehensive, and accurate information to
20 determine the appropriateness and type of music therapy
21 services to provide for the client.
22 (3) Develop an individualized music therapy treatment plan
23 for the client that is based on the results of the music therapy
24 assessment. The music therapy treatment plan must include
25 individualized goals and objectives that focus on the assessed
26 needs and strengths of the client and specify music therapy
27 approaches and interventions to be used to address these goals
28 and objectives.
29 (4) Implement an individualized music therapy treatment plan
30 that is consistent with any other developmental, rehabilitative,
31 habilitative, medical, mental health, preventive, wellness care,
32 or educational services being provided to the client. When
33 providing educational or health care services, a music
34 therapist may not replace the services provided by an
35 audiologist or a speech-language pathologist.
36 (5) Evaluate the client's response to music therapy and the
37 music therapy treatment plan, which includes documenting
38 the change and progress of the client and suggesting
39 modifications, as appropriate.
40 (6) Develop a plan for determining when the provision of
41 music therapy is no longer needed in collaboration with the
42 client, physician, or other health care or educational provider
2024 IN 1103—LS 6695/DI 148 7
1 of the client, family members of the client, and any other
2 appropriate person upon whom the client relies for support.
3 (7) Minimize any barriers to ensure that the client receives
4 music therapy in the least restrictive environment.
5 (8) Collaborate with and educate the client, the client's family,
6 caregiver, and any other appropriate person regarding the
7 needs of the client that are being addressed in music therapy
8 and the manner in which the individualized music therapy
9 treatment addresses those needs.
10 (9) Use appropriate knowledge and skills to provide an
11 informed practice, including the use of research, reasoning,
12 and problem solving skills to determine appropriate actions
13 in the context of each specific clinical setting.
14 (10) Provide music therapy to the client in an individual or a
15 group setting.
16 (11) Provide music therapy that includes music improvisation,
17 receptive music listening, song writing, lyric discussion, music
18 and imagery, singing, music performance, learning through
19 music, music combined with other arts, music assisted
20 relaxation, music based patient education, electronic music
21 technology, adapted music intervention, and movement to
22 music.
23 Sec. 2. (a) A licensed professional music therapist shall do the
24 following:
25 (1) When engaging in the practice of music therapy with a
26 client, collaborate, as applicable, with the client's treatment
27 team, including the client's physician, psychologist, licensed
28 clinical social worker, or other mental health professional.
29 (2) When engaging in the practice of music therapy with a
30 client who has a communication disorder, collaborate and
31 discuss the individualized music therapy treatment plan with
32 the client's audiologist or speech-language pathologist so that
33 the licensed professional music therapist may work with the
34 client and address communication skills.
35 (3) Notify the board of a change in the licensed professional
36 music therapist's address.
37 (b) When providing educational or health care services, a
38 licensed professional music therapist may not replace the services
39 provided by an audiologist or a speech-language pathologist.
40 Unless authorized to practice speech-language pathology, licensed
41 professional music therapists may not evaluate, examine, instruct,
42 or counsel on speech, language, communication, and swallowing
2024 IN 1103—LS 6695/DI 148 8
1 disorders and conditions. An individual licensed as a professional
2 music therapist may not represent to the public that the individual
3 is authorized to treat a communication disorder. This does not
4 prohibit an individual licensed as a professional music therapist
5 from representing to the public that the individual may work with
6 clients who have a communication disorder and address
7 communication skills.
8 Chapter 5. Unlawful Practices
9 Sec. 1. This chapter does not limit music therapy services
10 performed by an individual who:
11 (1) does not use a title specified in this chapter; and
12 (2) is any of the following:
13 (A) A licensed, certified, or registered health care
14 professional, counselor, or education professional acting
15 within the scope of the individual's license, certificate, or
16 registration.
17 (B) A student, an intern, or a trainee pursuing a course of
18 study in a health care profession, counseling, education, or
19 to gain licensure under this article.
20 (C) An individual who is not a resident of Indiana if the
21 individual performs music therapy in Indiana for not more
22 than:
23 (i) five (5) days in any one (1) month; or
24 (ii) fifteen (15) days in any one (1) calendar year;
25 and the individual is authorized to perform music therapy
26 in the state in which the individual resides.
27 (D) An individual who performs music therapy under the
28 supervision of a licensed music therapist.
29 Sec. 2. (a) Beginning July 1, 2025, an individual may not:
30 (1) profess to be a licensed music therapist;
31 (2) use the title:
32 (A) "licensed music therapist";
33 (B) "licensed professional music therapist (LPMT)"; or
34 (C) "music therapist"; or
35 (3) use any other words indicating or implying that the
36 individual is a licensed music therapist;
37 unless the individual is licensed under this article.
38 (b) Beginning July 1, 2025, an individual who knowingly and
39 intentionally violates this section commits a Class A misdemeanor.
40 Sec. 3. (a) The board may issue a sanction for the following acts:
41 (1) Failure to pay fees when due.
42 (2) Failure to provide requested information in a timely
2024 IN 1103—LS 6695/DI 148 9
1 manner.
2 (3) Conviction of a felony.
3 (4) Conviction of a crime that reflects an inability to practice
4 music therapy with due regard for the health and safety of
5 clients and patients, or with due regard for the truth in filing
6 claims with Medicare, Medicaid, or any third party payor.
7 (5) Inability or failure to practice music therapy with
8 reasonable skill and consistent with the welfare of clients and
9 patients, including negligence in the practice of music therapy,
10 intoxication, incapacity, abuse of a client or patient, and
11 engaging in sexual contact with a client or patient.
12 (6) Disciplinary action by another jurisdiction.
13 (b) The board may investigate allegations of conduct described
14 in subsection (a).
15 (c) The board is authorized to impose one (1) or more of the
16 following sanctions for a violation of this chapter:
17 (1) License suspension.
18 (2) License revocation.
19 (3) License denial.
20 (4) Refusal to renew a license.
21 (5) Probation with conditions.
22 (6) Reprimand.
23 (7) A fine of not less than one hundred dollars ($100) and not
24 more than one thousand dollars ($1,000) for each violation.
25 SECTION 2. IC 35-52-25-48.5 IS ADDED TO THE INDIANA
26 CODE AS A NEW SECTION TO READ AS FOLLOWS
27 [EFFECTIVE JULY 1, 2024]: Sec. 48.5. IC 25-27.6-5-2 defines a
28 crime concerning unlawful practice of music therapy.
2024 IN 1103—LS 6695/DI 148