86R8032 JCG-D
By: Davis of Harris, Gutierrez, Bailes, H.B. No. 787
Sheffield, Smithee, et al.
Substitute the following for H.B. No. 787:
By: Thompson of Harris C.S.H.B. No. 787
A BILL TO BE ENTITLED
AN ACT
relating to a study on the state certification of music therapists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Advisory council" means the Advisory Council on
Music Therapy.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Music therapist" means a person who has completed
an approved music therapy program and holds a certification by the
Certification Board for Music Therapists to practice music therapy
or provide music therapy services to a client for compensation.
(4) "Music therapy" means the clinical and
evidence-based use of music interventions by a music therapist to
accomplish individualized goals for persons who are in a
therapeutic relationship with the music therapist. The use of
music interventions may include music improvisation, receptive
music listening, songwriting, lyric discussion, music and imagery,
singing, music performance, learning through music, music combined
with other arts, music-assisted relaxation, music-based patient
education, electronic music technology, adapted music
intervention, and movement to music. The practice of music therapy
does not include the diagnosis or assessment of any physical,
mental, or communication disorder.
SECTION 2. ADVISORY COUNCIL ON MUSIC THERAPY. (a) The
Advisory Council on Music Therapy is created to conduct a study on
the need for state recognition of music therapists.
(b) Subject to Subsections (c) and (d) of this section, the
advisory council consists of nine members appointed by the governor
as follows:
(1) two members who are music therapists in this
state;
(2) one member who is a music therapist in this state
and represents an institution of higher education, as defined by
Section 61.003, Education Code, that has a music therapy program;
(3) one member who is a physician licensed in this
state who specializes in critical care;
(4) one member who is a social worker or professional
counselor licensed in this state;
(5) one member who is a special education
administrator for a school district;
(6) one member who employs one or more music
therapists;
(7) one member who is a client, or a representative of
a client, of a music therapist and has received music therapy
services; and
(8) one member who is:
(A) a speech-language pathologist licensed in
this state;
(B) a physical therapist licensed in this state;
or
(C) an occupational therapist licensed in this
state.
(c) The lieutenant governor and the speaker of the house of
representatives shall each submit to the governor a list of
candidates who meet the qualifications for appointment under
Subsection (b) of this section. The candidates must represent
different racial, ethnic, and linguistic backgrounds.
(d) Not later than the 90th day after the effective date of
this Act, the governor shall appoint the nine members to the
advisory council from the list of candidates submitted under
Subsection (c) of this section.
(e) The members of the advisory council shall designate a
member of the advisory council to serve as presiding officer.
(f) A member of the advisory council may not receive
compensation for service on the advisory council.
(g) The commission shall provide administrative and staff
support for the advisory council.
(h) The advisory council shall study the core competencies
of a music therapist, including the skills and areas of knowledge
that are essential to bringing about expanded health and wellness
in diverse communities and reducing health disparities. The core
competencies of a music therapist may also include basic knowledge
of:
(1) materials used to educate the public regarding
music therapist certification;
(2) the benefits of music therapy;
(3) the use of music therapy by individuals and in
facilities or institutional settings;
(4) culturally competent communication and care;
(5) the use of music therapy for behavior change;
(6) the resources and support available from the
American Music Therapy Association or its successor organization
and the Certification Board for Music Therapists or its successor
organization;
(7) the educational and clinical training
requirements for a music therapist; and
(8) any continuing education requirements for a music
therapist.
(i) In conducting the study under Subsection (h) of this
section, the advisory council shall consult with the American Music
Therapy Association, the Certification Board for Music Therapists,
and other experts as needed.
SECTION 3. REPORT. (a) Not later than the second
anniversary of the date of the advisory council's first meeting,
the advisory council shall submit a report to the governor, the
lieutenant governor, the speaker of the house of representatives,
the Senate Committee on Health and Human Services, the House Public
Health Committee, and the House Human Services Committee, or the
successor to those committees, and the commission.
(b) The report must include:
(1) a summary of research regarding the best
practices, curriculum, and training programs for music therapists
and the need for quality and accredited training in providing music
interventions related to health, recovery, and wellness;
(2) recommendations regarding the need and
feasibility of state certification of music therapists, including
the impact of state certification on consumer access to music
therapy services through state agencies, including the Texas
Education Agency and the commission;
(3) recommendations regarding procedures for the
state certification of music therapists, including a system for the
renewal of certifications and for the approval and accreditation of
curriculum and training programs for music therapists; and
(4) recommendations for best practices for
third-party reimbursement options and other methods through which
secure funding for music therapists may be obtained.
(c) The commission shall publish the report on the
commission's Internet website.
SECTION 4. EXPIRATION DATE. The advisory council is
abolished and this Act expires September 1, 2022.
SECTION 5. EFFECTIVE DATE. This Act takes effect September
1, 2019.