Introduced Version SENATE BILL No. 164 _____ 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, 2025. Becker January 8, 2025, read first time and referred to Committee on Health and Provider Services. 2025 IN 164—LS 6591/DI 148 Introduced First Regular Session of the 124th General Assembly (2025) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2024 Regular Session of the General Assembly. SENATE BILL No. 164 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 2025]: 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 2025 IN 164—LS 6591/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 of music therapy. 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 council 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 council member 35 appointed to fill a vacancy in the membership of the council may 36 serve only for the unexpired portion of the original, vacated term 37 but may be reappointed by the board. 38 (c) A council member serves without compensation. 39 (d) The initial appointments to the council are for a term that 40 ends June 30, 2029. 41 Sec. 4. (a) Notwithstanding section 2(a)(1) of this chapter, before 42 July 1, 2026, a council member is not required to be licensed under 2025 IN 164—LS 6591/DI 148 3 1 this 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) council members must be present to constitute a 7 quorum. 8 Sec. 6. The professional licensing agency shall staff the council. 9 Sec. 7. The board shall consult with the council: 10 (1) on issues related to music therapy; and 11 (2) before setting or changing fees under this article. 12 Sec. 8. The council may do the following: 13 (1) Facilitate the development of materials that the board may 14 use to educate the public concerning: 15 (A) music therapist licensure; 16 (B) the benefits of music therapy; and 17 (C) the use of music therapy: 18 (i) by individuals; and 19 (ii) in facilities or institutional settings. 20 (2) Act as a facilitator of statewide dissemination of 21 information between: 22 (A) the board; and 23 (B) any of the following: 24 (i) Music therapists. 25 (ii) The American Music Therapy Association or any 26 successor organization. 27 (iii) The Certification Board for Music Therapists or any 28 successor organization. 29 Sec. 9. The council shall, at least annually, provide analysis of 30 the following: 31 (1) Disciplinary actions taken. 32 (2) Appeals and denials. 33 (3) Revocation of licenses. 34 Chapter 3. Licensure 35 Sec. 1. A license applicant must meet the following 36 requirements: 37 (1) Be at least eighteen (18) years of age on the date of 38 application. 39 (2) Furnish satisfactory evidence to the board that the 40 applicant has received a bachelor's degree or higher in music 41 therapy or a related area (as determined by the board) from 42 a postsecondary educational institution that meets the 2025 IN 164—LS 6591/DI 148 4 1 requirements of section 2 of this chapter. 2 (3) Furnish satisfactory evidence to the board that the 3 applicant does not have a: 4 (A) conviction for a crime of violence (as defined in 5 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or 6 (B) conviction in the previous two (2) years that has a 7 direct bearing on the individual's ability to practice 8 competently. 9 (4) Furnish satisfactory evidence to the board that the 10 applicant has not been the subject of a disciplinary action by 11 a licensing or certification agency of another state or 12 jurisdiction on the grounds that the individual was not able to 13 practice as a music therapist without endangering the public. 14 (5) Pass an examination provided by the Certification Board 15 for Music Therapists or its successor organization, or provide 16 proof of being transitioned into board certification. 17 (6) Hold current board certification from the Certification 18 Board for Music Therapists or its successor organization. 19 (7) Pay the fee established by the board. 20 Sec. 2. An applicant must have a bachelor's degree or higher in 21 music therapy or its equivalent, including clinical training hours, 22 from a music therapy program within a postsecondary educational 23 institution that meets the following requirements at the time of the 24 applicant's graduation: 25 (1) If the institution is located in the United States or a 26 territory of the United States, the institution was accredited 27 by a regional accrediting body recognized by the Commission 28 on Recognition of Postsecondary Accreditation. 29 (2) If the institution is located in Canada, the institution was 30 a member in good standing with the Association of 31 Universities and Colleges of Canada. 32 (3) If the institution is located in a foreign country other than 33 Canada, the institution: 34 (A) was recognized by the government of the country 35 where the school was located as a program to train in the 36 practice of music therapy; and 37 (B) maintained a standard of training substantially 38 equivalent to the standards of institutions accredited by a 39 regional accrediting body recognized by the Commission 40 on Recognition of Postsecondary Accreditation. 41 Sec. 3. (a) A license issued by the board under this chapter is 42 valid for the remainder of the renewal period in effect on the date 2025 IN 164—LS 6591/DI 148 5 1 the license is issued. 2 (b) An individual may renew a license by: 3 (1) paying a renewal fee on or before the expiration date of 4 the license; and 5 (2) providing evidence of the individual's maintained status as 6 a board certified music therapist. 7 (c) A license is invalid if an individual: 8 (1) fails to pay a renewal fee on or before the expiration date 9 of a license; or 10 (2) is unable to prove that the individual has maintained 11 status as a board certified music therapist. 12 Sec. 4. (a) The board may reinstate an invalid license up to three 13 (3) years after the expiration date of the license if the individual 14 holding the invalid license meets the requirements under 15 IC 25-1-8-6. 16 (b) If more than three (3) years have elapsed since the date the 17 license expired, the individual holding the license may renew the 18 license by: 19 (1) satisfying the requirements for renewal established by the 20 board; and 21 (2) meeting the requirements of IC 25-1-8-6. 22 Sec. 5. (a) The board shall exempt an individual from the 23 requirements in this chapter and grant the individual a music 24 therapy license if the individual meets the following requirements: 25 (1) Holds, before July 1, 2025, a bachelor's degree or higher 26 in music therapy or a related discipline from a postsecondary 27 educational institution that meets the requirements in section 28 2 of this chapter. 29 (2) Furnishes satisfactory evidence to the board that the 30 individual does not have a: 31 (A) conviction for a crime of violence (as defined in 32 IC 35-50-1-2(a)(1) through IC 35-50-1-2(a)(21)); or 33 (B) conviction in the previous two (2) years that has a 34 direct bearing on the individual's ability to practice 35 competently. 36 (3) Has engaged in the practice of music therapy for at least 37 three (3) years. 38 (4) Holds current board certification from the Certification 39 Board for Music Therapists or its successor organization. 40 (5) Files an initial application to the board before July 1, 2026. 41 (b) This section expires January 1, 2027. 42 Chapter 4. Scope of Practice 2025 IN 164—LS 6591/DI 148 6 1 Sec. 1. A licensed professional music therapist may do the 2 following: 3 (1) Accept referrals for music therapy services from medical, 4 developmental, mental health, or education professionals, 5 family members, and client caregivers or others involved and 6 authorized with the provision of client services. However, 7 before engaging in the practice of music therapy with: 8 (A) a client for an identified clinical or developmental 9 need, the licensed professional music therapist shall review 10 with the health care provider involved in the client's care 11 the client's diagnosis, treatment needs, and treatment plan; 12 and 13 (B) a client who is a primary or secondary school student 14 who is referred for an identified educational need, the 15 licensed professional music therapist shall review with the 16 individualized family service plan team or individualized 17 education program team concerning the student's 18 diagnosis, treatment needs, and treatment plan. 19 (2) Conduct a music therapy assessment of a client to 20 determine if music therapy treatment is indicated. If 21 treatment is indicated, the licensed professional music 22 therapist shall collect systematic, comprehensive, and 23 accurate information to determine the appropriateness and 24 type of music therapy services to provide for the client. 25 (3) Develop an individualized music therapy treatment plan 26 for the client that is based on the results of the music therapy 27 assessment. The music therapy treatment plan must include 28 individualized goals and objectives that focus on the assessed 29 needs and strengths of the client and specify music therapy 30 approaches and interventions to be used to address these goals 31 and objectives. 32 (4) Implement an individualized music therapy treatment plan 33 that is consistent with any other developmental, rehabilitative, 34 habilitative, medical, mental health, preventive, wellness care, 35 or educational services being provided to the client. 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 2025 IN 164—LS 6591/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 may include music 17 improvisation, receptive music listening, song writing, lyric 18 discussion, music and imagery, singing, music performance, 19 learning through music, music combined with other arts, 20 music assisted relaxation, music based patient education, 21 electronic music technology, adapted music intervention, and 22 movement to 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 2025 IN 164—LS 6591/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 may not be construed to prohibit or restrict 10 the practice, services, or activities of the following: 11 (1) Any person licensed, certified, or regulated under the laws 12 of this state in another profession or occupation, including: 13 (A) physicians; 14 (B) psychologists; 15 (C) psychoanalysts; 16 (D) registered nurses; 17 (E) marriage and family therapists; 18 (F) professional or rehabilitation counselors; 19 (G) speech-language pathologists or audiologists; or 20 (H) personnel supervised by a licensed professional; 21 performing work, including the use of music, incidental to the 22 practice of the person's licensed, certified, or regulated 23 profession or occupation, if that person does not profess to be 24 a licensed music therapist. 25 (2) Any person whose training and national certification 26 attests to the person's preparation and ability to practice the 27 person's certified profession or occupation, if that person does 28 not profess to be a licensed music therapist. 29 (3) Any practice of music therapy as an integral part of a 30 program of study for students enrolled in an accredited music 31 therapy program, if the student does not profess to be a 32 licensed music therapist. 33 (4) Any person who practices music therapy under the 34 supervision of a licensed professional music therapist, if the 35 person does not profess to be a licensed music therapist. 36 (5) An individual who is not a resident of Indiana if the 37 individual performs music therapy in Indiana for not more 38 than: 39 (A) five (5) days in any one (1) month; or 40 (B) fifteen (15) days in any one (1) calendar year; 41 and the individual is authorized to perform music therapy in 42 the state in which the individual resides. 2025 IN 164—LS 6591/DI 148 9 1 Sec. 2. (a) Beginning July 1, 2026, an individual may not: 2 (1) profess to be a licensed music therapist or imply that the 3 individual provides music therapy; 4 (2) use the title: 5 (A) "licensed music therapist"; 6 (B) "licensed professional music therapist (LPMT)"; or 7 (C) "music therapist"; or 8 (3) use any other words indicating or implying that the 9 individual is a licensed music therapist; 10 unless the individual is licensed under this article. 11 (b) Beginning July 1, 2026, an individual who knowingly and 12 intentionally violates this section commits a Class A misdemeanor. 13 Sec. 3. (a) The board may issue a sanction for the following acts: 14 (1) Failure to pay fees when due. 15 (2) Failure to provide requested information in a timely 16 manner. 17 (3) Conviction of a felony. 18 (4) Conviction of a crime that reflects an inability to practice 19 music therapy with due regard for the health and safety of 20 clients and patients, or with due regard for the truth in filing 21 claims with Medicare, Medicaid, or any third party payor. 22 (5) Inability or failure to practice music therapy with 23 reasonable skill and consistent with the welfare of clients and 24 patients, including negligence in the practice of music therapy, 25 intoxication, incapacity, abuse of a client or patient, and 26 engaging in sexual contact with a client or patient. 27 (6) Disciplinary action by another jurisdiction. 28 (b) The board may investigate allegations of conduct described 29 in subsection (a). 30 (c) The board is authorized to impose one (1) or more of the 31 following sanctions for a violation of this chapter: 32 (1) License suspension. 33 (2) License revocation. 34 (3) License denial. 35 (4) Refusal to renew a license. 36 (5) Probation with conditions. 37 (6) Reprimand. 38 (7) A fine of not less than one hundred dollars ($100) and not 39 more than one thousand dollars ($1,000) for each violation. 40 SECTION 2. IC 35-52-25-48.5 IS ADDED TO THE INDIANA 41 CODE AS A NEW SECTION TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2025]: Sec. 48.5. IC 25-27.6-5-2 defines a 2025 IN 164—LS 6591/DI 148 10 1 crime concerning unlawful practice of music therapy. 2025 IN 164—LS 6591/DI 148