Indiana 2025 Regular Session

Indiana Senate Bill SB0164 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 164
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, 2025.
15	15	Becker
16	16	January 8, 2025, read first time and referred to Committee on Health and Provider
17	17	Services.
18	18	2025 IN 164—LS 6591/DI 148 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	SENATE BILL No. 164
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	professions and occupations.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 25-27.6 IS ADDED TO THE INDIANA CODE AS
34	34	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
35	35	3 2025]:
36	36	4 ARTICLE 27.6. LICENSED PROFESSIONAL MUSIC
37	37	5 THERAPISTS
38	38	6 Chapter 1. Definitions
39	39	7 Sec. 1. "Applicant" means an individual who applies to the
40	40	8 board for a license to practice music therapy.
41	41	9 Sec. 2. "Board" refers to the medical licensing board of Indiana.
42	42	10 Sec. 3. "Board certified music therapist" means an individual
43	43	11 who holds a current board certification from the Certification
44	44	12 Board for Music Therapists.
45	45	13 Sec. 4. "Council" refers to the music therapy advisory council
46	46	14 established by IC 25-27.6-2-1.
47	47	15 Sec. 5. "Licensed professional music therapist" means a person
48	48	16 licensed to practice music therapy under this article.
49	49	17 Sec. 6. (a) "Practice of music therapy" or "practice music
50	50	2025 IN 164—LS 6591/DI 148 2
51	51	1 therapy" means providing professional services that:
52	52	2 (1) are delivered by a board certified music therapist;
53	53	3 (2) use clinical and evidence based music interventions to
54	54	4 accomplish individualized goals for clients of any age or
55	55	5 ability level within a therapeutic relationship; and
56	56	6 (3) include:
57	57	7 (A) developing individualized music therapy treatment
58	58	8 plans specific to the needs and strengths of each client; and
59	59	9 (B) establishing goals, objectives, and potential strategies
60	60	10 of the music therapy services that are appropriate for the
61	61	11 client and setting.
62	62	12 (b) The term does not include the screening, diagnosis, or
63	63	13 assessment of any physical, mental, or communication disorder.
64	64	14 Chapter 2. Music Therapy Advisory Council
65	65	15 Sec. 1. The music therapy advisory council is established as a
66	66	16 permanent entity under the executive branch of state government.
67	67	17 The council's purpose is to provide the board with expertise and
68	68	18 assistance in carrying out the board's duties under this chapter.
69	69	19 Sec. 2. (a) The council consists of the following five (5) members,
70	70	20 who are familiar with the practice of music therapy, appointed by
71	71	21 the board:
72	72	22 (1) Three (3) members who are licensed professional music
73	73	23 therapists.
74	74	24 (2) One (1) member who is a licensed health care provider
75	75	25 who is not a music therapist.
76	76	26 (3) One (1) member who is a consumer of music therapy.
77	77	27 (b) The board shall appoint a council member to serve as
78	78	28 chairperson. The chairperson serves at the pleasure of the board.
79	79	29 The chairperson serves a two (2) year term, but may be
80	80	30 reappointed by the board.
81	81	31 Sec. 3. (a) Except as otherwise provided in this section, a council
82	82	32 member serves a term of four (4) years, ending on June 30.
83	83	33 (b) A vacancy in the council membership must be filled in the
84	84	34 same manner as a regular appointment. A council member
85	85	35 appointed to fill a vacancy in the membership of the council may
86	86	36 serve only for the unexpired portion of the original, vacated term
87	87	37 but may be reappointed by the board.
88	88	38 (c) A council member serves without compensation.
89	89	39 (d) The initial appointments to the council are for a term that
90	90	40 ends June 30, 2029.
91	91	41 Sec. 4. (a) Notwithstanding section 2(a)(1) of this chapter, before
92	92	42 July 1, 2026, a council member is not required to be licensed under
93	93	2025 IN 164—LS 6591/DI 148 3
94	94	1 this article.
95	95	2 (b) The board may reappoint a council member whose term
96	96	3 expires.
97	97	4 Sec. 5. (a) The council shall meet at least one (1) time annually
98	98	5 and at other times as called by the board.
99	99	6 (b) Three (3) council members must be present to constitute a
100	100	7 quorum.
101	101	8 Sec. 6. The professional licensing agency shall staff the council.
102	102	9 Sec. 7. The board shall consult with the council:
103	103	10 (1) on issues related to music therapy; and
104	104	11 (2) before setting or changing fees under this article.
105	105	12 Sec. 8. The council may do the following:
106	106	13 (1) Facilitate the development of materials that the board may
107	107	14 use to educate the public concerning:
108	108	15 (A) music therapist licensure;
109	109	16 (B) the benefits of music therapy; and
110	110	17 (C) the use of music therapy:
111	111	18 (i) by individuals; and
112	112	19 (ii) in facilities or institutional settings.
113	113	20 (2) Act as a facilitator of statewide dissemination of
114	114	21 information between:
115	115	22 (A) the board; and
116	116	23 (B) any of the following:
117	117	24 (i) Music therapists.
118	118	25 (ii) The American Music Therapy Association or any
119	119	26 successor organization.
120	120	27 (iii) The Certification Board for Music Therapists or any
121	121	28 successor organization.
122	122	29 Sec. 9. The council shall, at least annually, provide analysis of
123	123	30 the following:
124	124	31 (1) Disciplinary actions taken.
125	125	32 (2) Appeals and denials.
126	126	33 (3) Revocation of licenses.
127	127	34 Chapter 3. Licensure
128	128	35 Sec. 1. A license applicant must meet the following
129	129	36 requirements:
130	130	37 (1) Be at least eighteen (18) years of age on the date of
131	131	38 application.
132	132	39 (2) Furnish satisfactory evidence to the board that the
133	133	40 applicant has received a bachelor's degree or higher in music
134	134	41 therapy or a related area (as determined by the board) from
135	135	42 a postsecondary educational institution that meets the
136	136	2025 IN 164—LS 6591/DI 148 4
137	137	1 requirements of section 2 of this chapter.
138	138	2 (3) Furnish satisfactory evidence to the board that the
139	139	3 applicant does not have a:
140	140	4 (A) conviction for a crime of violence (as defined in
141	141	5 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or
142	142	6 (B) conviction in the previous two (2) years that has a
143	143	7 direct bearing on the individual's ability to practice
144	144	8 competently.
145	145	9 (4) Furnish satisfactory evidence to the board that the
146	146	10 applicant has not been the subject of a disciplinary action by
147	147	11 a licensing or certification agency of another state or
148	148	12 jurisdiction on the grounds that the individual was not able to
149	149	13 practice as a music therapist without endangering the public.
150	150	14 (5) Pass an examination provided by the Certification Board
151	151	15 for Music Therapists or its successor organization, or provide
152	152	16 proof of being transitioned into board certification.
153	153	17 (6) Hold current board certification from the Certification
154	154	18 Board for Music Therapists or its successor organization.
155	155	19 (7) Pay the fee established by the board.
156	156	20 Sec. 2. An applicant must have a bachelor's degree or higher in
157	157	21 music therapy or its equivalent, including clinical training hours,
158	158	22 from a music therapy program within a postsecondary educational
159	159	23 institution that meets the following requirements at the time of the
160	160	24 applicant's graduation:
161	161	25 (1) If the institution is located in the United States or a
162	162	26 territory of the United States, the institution was accredited
163	163	27 by a regional accrediting body recognized by the Commission
164	164	28 on Recognition of Postsecondary Accreditation.
165	165	29 (2) If the institution is located in Canada, the institution was
166	166	30 a member in good standing with the Association of
167	167	31 Universities and Colleges of Canada.
168	168	32 (3) If the institution is located in a foreign country other than
169	169	33 Canada, the institution:
170	170	34 (A) was recognized by the government of the country
171	171	35 where the school was located as a program to train in the
172	172	36 practice of music therapy; and
173	173	37 (B) maintained a standard of training substantially
174	174	38 equivalent to the standards of institutions accredited by a
175	175	39 regional accrediting body recognized by the Commission
176	176	40 on Recognition of Postsecondary Accreditation.
177	177	41 Sec. 3. (a) A license issued by the board under this chapter is
178	178	42 valid for the remainder of the renewal period in effect on the date
179	179	2025 IN 164—LS 6591/DI 148 5
180	180	1 the license is issued.
181	181	2 (b) An individual may renew a license by:
182	182	3 (1) paying a renewal fee on or before the expiration date of
183	183	4 the license; and
184	184	5 (2) providing evidence of the individual's maintained status as
185	185	6 a board certified music therapist.
186	186	7 (c) A license is invalid if an individual:
187	187	8 (1) fails to pay a renewal fee on or before the expiration date
188	188	9 of a license; or
189	189	10 (2) is unable to prove that the individual has maintained
190	190	11 status as a board certified music therapist.
191	191	12 Sec. 4. (a) The board may reinstate an invalid license up to three
192	192	13 (3) years after the expiration date of the license if the individual
193	193	14 holding the invalid license meets the requirements under
194	194	15 IC 25-1-8-6.
195	195	16 (b) If more than three (3) years have elapsed since the date the
196	196	17 license expired, the individual holding the license may renew the
197	197	18 license by:
198	198	19 (1) satisfying the requirements for renewal established by the
199	199	20 board; and
200	200	21 (2) meeting the requirements of IC 25-1-8-6.
201	201	22 Sec. 5. (a) The board shall exempt an individual from the
202	202	23 requirements in this chapter and grant the individual a music
203	203	24 therapy license if the individual meets the following requirements:
204	204	25 (1) Holds, before July 1, 2025, a bachelor's degree or higher
205	205	26 in music therapy or a related discipline from a postsecondary
206	206	27 educational institution that meets the requirements in section
207	207	28 2 of this chapter.
208	208	29 (2) Furnishes satisfactory evidence to the board that the
209	209	30 individual does not have a:
210	210	31 (A) conviction for a crime of violence (as defined in
211	211	32 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or
212	212	33 (B) conviction in the previous two (2) years that has a
213	213	34 direct bearing on the individual's ability to practice
214	214	35 competently.
215	215	36 (3) Has engaged in the practice of music therapy for at least
216	216	37 three (3) years.
217	217	38 (4) Holds current board certification from the Certification
218	218	39 Board for Music Therapists or its successor organization.
219	219	40 (5) Files an initial application to the board before July 1, 2026.
220	220	41 (b) This section expires January 1, 2027.
221	221	42 Chapter 4. Scope of Practice
222	222	2025 IN 164—LS 6591/DI 148 6
223	223	1 Sec. 1. A licensed professional music therapist may do the
224	224	2 following:
225	225	3 (1) Accept referrals for music therapy services from medical,
226	226	4 developmental, mental health, or education professionals,
227	227	5 family members, and client caregivers or others involved and
228	228	6 authorized with the provision of client services. However,
229	229	7 before engaging in the practice of music therapy with:
230	230	8 (A) a client for an identified clinical or developmental
231	231	9 need, the licensed professional music therapist shall review
232	232	10 with the health care provider involved in the client's care
233	233	11 the client's diagnosis, treatment needs, and treatment plan;
234	234	12 and
235	235	13 (B) a client who is a primary or secondary school student
236	236	14 who is referred for an identified educational need, the
237	237	15 licensed professional music therapist shall review with the
238	238	16 individualized family service plan team or individualized
239	239	17 education program team concerning the student's
240	240	18 diagnosis, treatment needs, and treatment plan.
241	241	19 (2) Conduct a music therapy assessment of a client to
242	242	20 determine if music therapy treatment is indicated. If
243	243	21 treatment is indicated, the licensed professional music
244	244	22 therapist shall collect systematic, comprehensive, and
245	245	23 accurate information to determine the appropriateness and
246	246	24 type of music therapy services to provide for the client.
247	247	25 (3) Develop an individualized music therapy treatment plan
248	248	26 for the client that is based on the results of the music therapy
249	249	27 assessment. The music therapy treatment plan must include
250	250	28 individualized goals and objectives that focus on the assessed
251	251	29 needs and strengths of the client and specify music therapy
252	252	30 approaches and interventions to be used to address these goals
253	253	31 and objectives.
254	254	32 (4) Implement an individualized music therapy treatment plan
255	255	33 that is consistent with any other developmental, rehabilitative,
256	256	34 habilitative, medical, mental health, preventive, wellness care,
257	257	35 or educational services being provided to the client.
258	258	36 (5) Evaluate the client's response to music therapy and the
259	259	37 music therapy treatment plan, which includes documenting
260	260	38 the change and progress of the client and suggesting
261	261	39 modifications, as appropriate.
262	262	40 (6) Develop a plan for determining when the provision of
263	263	41 music therapy is no longer needed in collaboration with the
264	264	42 client, physician, or other health care or educational provider
265	265	2025 IN 164—LS 6591/DI 148 7
266	266	1 of the client, family members of the client, and any other
267	267	2 appropriate person upon whom the client relies for support.
268	268	3 (7) Minimize any barriers to ensure that the client receives
269	269	4 music therapy in the least restrictive environment.
270	270	5 (8) Collaborate with and educate the client, the client's family,
271	271	6 caregiver, and any other appropriate person regarding the
272	272	7 needs of the client that are being addressed in music therapy
273	273	8 and the manner in which the individualized music therapy
274	274	9 treatment addresses those needs.
275	275	10 (9) Use appropriate knowledge and skills to provide an
276	276	11 informed practice, including the use of research, reasoning,
277	277	12 and problem solving skills to determine appropriate actions
278	278	13 in the context of each specific clinical setting.
279	279	14 (10) Provide music therapy to the client in an individual or a
280	280	15 group setting.
281	281	16 (11) Provide music therapy that may include music
282	282	17 improvisation, receptive music listening, song writing, lyric
283	283	18 discussion, music and imagery, singing, music performance,
284	284	19 learning through music, music combined with other arts,
285	285	20 music assisted relaxation, music based patient education,
286	286	21 electronic music technology, adapted music intervention, and
287	287	22 movement to music.
288	288	23 Sec. 2. (a) A licensed professional music therapist shall do the
289	289	24 following:
290	290	25 (1) When engaging in the practice of music therapy with a
291	291	26 client, collaborate, as applicable, with the client's treatment
292	292	27 team, including the client's physician, psychologist, licensed
293	293	28 clinical social worker, or other mental health professional.
294	294	29 (2) When engaging in the practice of music therapy with a
295	295	30 client who has a communication disorder, collaborate and
296	296	31 discuss the individualized music therapy treatment plan with
297	297	32 the client's audiologist or speech-language pathologist so that
298	298	33 the licensed professional music therapist may work with the
299	299	34 client and address communication skills.
300	300	35 (3) Notify the board of a change in the licensed professional
301	301	36 music therapist's address.
302	302	37 (b) When providing educational or health care services, a
303	303	38 licensed professional music therapist may not replace the services
304	304	39 provided by an audiologist or a speech-language pathologist.
305	305	40 Unless authorized to practice speech-language pathology, licensed
306	306	41 professional music therapists may not evaluate, examine, instruct,
307	307	42 or counsel on speech, language, communication, and swallowing
308	308	2025 IN 164—LS 6591/DI 148 8
309	309	1 disorders and conditions. An individual licensed as a professional
310	310	2 music therapist may not represent to the public that the individual
311	311	3 is authorized to treat a communication disorder. This does not
312	312	4 prohibit an individual licensed as a professional music therapist
313	313	5 from representing to the public that the individual may work with
314	314	6 clients who have a communication disorder and address
315	315	7 communication skills.
316	316	8 Chapter 5. Unlawful Practices
317	317	9 Sec. 1. This chapter may not be construed to prohibit or restrict
318	318	10 the practice, services, or activities of the following:
319	319	11 (1) Any person licensed, certified, or regulated under the laws
320	320	12 of this state in another profession or occupation, including:
321	321	13 (A) physicians;
322	322	14 (B) psychologists;
323	323	15 (C) psychoanalysts;
324	324	16 (D) registered nurses;
325	325	17 (E) marriage and family therapists;
326	326	18 (F) professional or rehabilitation counselors;
327	327	19 (G) speech-language pathologists or audiologists; or
328	328	20 (H) personnel supervised by a licensed professional;
329	329	21 performing work, including the use of music, incidental to the
330	330	22 practice of the person's licensed, certified, or regulated
331	331	23 profession or occupation, if that person does not profess to be
332	332	24 a licensed music therapist.
333	333	25 (2) Any person whose training and national certification
334	334	26 attests to the person's preparation and ability to practice the
335	335	27 person's certified profession or occupation, if that person does
336	336	28 not profess to be a licensed music therapist.
337	337	29 (3) Any practice of music therapy as an integral part of a
338	338	30 program of study for students enrolled in an accredited music
339	339	31 therapy program, if the student does not profess to be a
340	340	32 licensed music therapist.
341	341	33 (4) Any person who practices music therapy under the
342	342	34 supervision of a licensed professional music therapist, if the
343	343	35 person does not profess to be a licensed music therapist.
344	344	36 (5) An individual who is not a resident of Indiana if the
345	345	37 individual performs music therapy in Indiana for not more
346	346	38 than:
347	347	39 (A) five (5) days in any one (1) month; or
348	348	40 (B) fifteen (15) days in any one (1) calendar year;
349	349	41 and the individual is authorized to perform music therapy in
350	350	42 the state in which the individual resides.
351	351	2025 IN 164—LS 6591/DI 148 9
352	352	1 Sec. 2. (a) Beginning July 1, 2026, an individual may not:
353	353	2 (1) profess to be a licensed music therapist or imply that the
354	354	3 individual provides music therapy;
355	355	4 (2) use the title:
356	356	5 (A) "licensed music therapist";
357	357	6 (B) "licensed professional music therapist (LPMT)"; or
358	358	7 (C) "music therapist"; or
359	359	8 (3) use any other words indicating or implying that the
360	360	9 individual is a licensed music therapist;
361	361	10 unless the individual is licensed under this article.
362	362	11 (b) Beginning July 1, 2026, an individual who knowingly and
363	363	12 intentionally violates this section commits a Class A misdemeanor.
364	364	13 Sec. 3. (a) The board may issue a sanction for the following acts:
365	365	14 (1) Failure to pay fees when due.
366	366	15 (2) Failure to provide requested information in a timely
367	367	16 manner.
368	368	17 (3) Conviction of a felony.
369	369	18 (4) Conviction of a crime that reflects an inability to practice
370	370	19 music therapy with due regard for the health and safety of
371	371	20 clients and patients, or with due regard for the truth in filing
372	372	21 claims with Medicare, Medicaid, or any third party payor.
373	373	22 (5) Inability or failure to practice music therapy with
374	374	23 reasonable skill and consistent with the welfare of clients and
375	375	24 patients, including negligence in the practice of music therapy,
376	376	25 intoxication, incapacity, abuse of a client or patient, and
377	377	26 engaging in sexual contact with a client or patient.
378	378	27 (6) Disciplinary action by another jurisdiction.
379	379	28 (b) The board may investigate allegations of conduct described
380	380	29 in subsection (a).
381	381	30 (c) The board is authorized to impose one (1) or more of the
382	382	31 following sanctions for a violation of this chapter:
383	383	32 (1) License suspension.
384	384	33 (2) License revocation.
385	385	34 (3) License denial.
386	386	35 (4) Refusal to renew a license.
387	387	36 (5) Probation with conditions.
388	388	37 (6) Reprimand.
389	389	38 (7) A fine of not less than one hundred dollars ($100) and not
390	390	39 more than one thousand dollars ($1,000) for each violation.
391	391	40 SECTION 2. IC 35-52-25-48.5 IS ADDED TO THE INDIANA
392	392	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
393	393	42 [EFFECTIVE JULY 1, 2025]: Sec. 48.5. IC 25-27.6-5-2 defines a
394	394	2025 IN 164—LS 6591/DI 148 10
395	395	1 crime concerning unlawful practice of music therapy.
396	396	2025 IN 164—LS 6591/DI 148