Indiana 2025 Regular Session

Indiana Senate Bill SB0164 Latest Draft

Bill / Introduced Version Filed 12/30/2024

                             
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
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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.
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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