Texas 2021 - 87th Regular

Texas Senate Bill SB1452 Compare Versions

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

Old	New	Differences
1	1	87R6351 JCG-D
2	2	By: Alvarado S.B. No. 1452
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of music therapists;
8	8	requiring an occupational license; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 3, Occupations Code, is
11	11	amended by adding Chapter 456 to read as follows:
12	12	CHAPTER 456. MUSIC THERAPISTS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 456.001. DEFINITIONS. In this chapter:
15	15	(1) "Advisory committee" means the advisory committee
16	16	created under Subchapter B.
17	17	(2) "Board" means the Texas Medical Board.
18	18	(3) "Music therapist" means a person who holds a music
19	19	therapist license issued by the board under this chapter.
20	20	(4) "Music therapy" means the clinical and
21	21	evidence-based use of music interventions by a person for an
22	22	individual who is in a therapeutic relationship with the person to
23	23	assist the individual in accomplishing particular goals. The music
24	24	interventions may include music improvisation, receptive music
25	25	listening, songwriting, lyric discussion, music and imagery,
26	26	singing, music performance, learning through music, music combined
27	27	with other arts, music-assisted relaxation, music-based patient
28	28	education, electronic music technology, adapted music
29	29	intervention, and movement to music. The practice of music therapy
30	30	does not include the diagnosis or assessment of any physical,
31	31	mental, or communication disorder. The term includes:
32	32	(A) accepting referrals for music therapy
33	33	services from health professionals and collaborating as necessary
34	34	with a referring health professional on a treatment plan to provide
35	35	music therapy addressing the individual's clinical or
36	36	developmental needs;
37	37	(B) conducting an assessment of an individual to
38	38	determine whether music therapy is recommended or necessary for the
39	39	individual, including the collection of information to determine
40	40	the recommended or necessary manner of music therapy services;
41	41	(C) developing an individualized music therapy
42	42	treatment plan based on an assessment described by Paragraph (B),
43	43	including specific goals for the individual, specific methods to be
44	44	used to achieve the goals, and a plan to ensure that the individual
45	45	receives music therapy in the least restrictive environment;
46	46	(D) implementing a treatment plan that is
47	47	consistent with any other health or educational service being
48	48	provided to an individual;
49	49	(E) evaluating an individual's response to a
50	50	music therapy treatment plan, documenting progress, and
51	51	recommending changes, including terminating treatment, as
52	52	appropriate;
53	53	(F) collaborating with any appropriate person
54	54	with regard to an individual receiving music therapy services,
55	55	including the individual's caretakers or family, to ensure that the
56	56	music therapy services are appropriate; and
57	57	(G) researching and applying best practices as
58	58	applicable to each clinical setting.
59	59	Sec. 456.002. APPLICABILITY. (a) A person is not required
60	60	to hold a license under this chapter if the person is:
61	61	(1) a person whose training and certification, or
62	62	other accreditation, in a particular occupation attests to the
63	63	person's ability to practice that occupation and who acts within
64	64	the scope of that occupation, including a licensed health care
65	65	worker or other professional acting within the scope of the
66	66	person's license;
67	67	(2) a student who is performing activities under the
68	68	supervision of a license holder as part of a degree program
69	69	described by Section 456.153(2); or
70	70	(3) a person employed in the service of the federal
71	71	government while performing duties related to that employment.
72	72	(b) Section 456.151(b) applies to a person described by
73	73	Subsection (a).
74	74	SUBCHAPTER B. ADVISORY COMMITTEE
75	75	Sec. 456.051. ADVISORY COMMITTEE. (a) The advisory
76	76	committee is an informal advisory committee to the board and is not
77	77	subject to Chapter 2110, Government Code.
78	78	(b) The advisory committee does not have independent
79	79	rulemaking authority.
80	80	Sec. 456.052. APPOINTMENT OF ADVISORY COMMITTEE; TERMS.
81	81	(a) The advisory committee consists of five members appointed by
82	82	the board as follows:
83	83	(1) three members, each of whom has been licensed
84	84	under this chapter for at least three years;
85	85	(2) one member who is a licensed health care provider
86	86	but who is not licensed under this chapter; and
87	87	(3) one public member.
88	88	(a-1) Notwithstanding Subsection (a)(1), a person is
89	89	eligible for appointment as a member of the advisory committee
90	90	under Subsection (a)(1) if the person has practiced music therapy
91	91	for the period required under Subsection (a)(1), regardless of
92	92	whether the person has held a music therapy license continuously
93	93	during that period. This subsection expires January 31, 2025.
94	94	(b) Members of the advisory committee serve staggered
95	95	three-year terms with the terms of one or two members expiring on
96	96	February 1 of each year.
97	97	(c) Appointments to the advisory committee shall be made
98	98	without regard to the race, color, disability, sex, religion, age,
99	99	or national origin of the appointee.
100	100	Sec. 456.053. MEMBERSHIP RESTRICTIONS. (a) In this
101	101	section, "Texas trade association" means a cooperative and
102	102	voluntarily joined statewide association of business or
103	103	professional competitors in this state designed to assist its
104	104	members and its industry or profession in dealing with mutual
105	105	business or professional problems and in promoting their common
106	106	interest.
107	107	(b) A person may not be a member of the advisory committee
108	108	if:
109	109	(1) the person is an officer, employee, or paid
110	110	consultant of a Texas trade association in the field of music
111	111	therapy; or
112	112	(2) the person's spouse is an officer, manager, or paid
113	113	consultant of a Texas trade association in the field of music
114	114	therapy.
115	115	(c) A person may not be a member of the advisory committee if
116	116	the person is required to register as a lobbyist under Chapter 305,
117	117	Government Code, because of the person's activities for
118	118	compensation on behalf of a profession related to the field of music
119	119	therapy.
120	120	Sec. 456.054. VACANCY. If a vacancy occurs during a
121	121	member's term, the board shall appoint a new member to fill the
122	122	unexpired term.
123	123	Sec. 456.055. COMPENSATION. An advisory committee member
124	124	may not receive compensation for service on the advisory committee.
125	125	Sec. 456.056. MEETINGS. (a) The advisory committee shall
126	126	meet at least twice every year and at other times as requested by
127	127	the board.
128	128	(b) A meeting may be held by telephone conference call.
129	129	Sec. 456.057. DUTIES OF ADVISORY COMMITTEE. The advisory
130	130	committee shall:
131	131	(1) advise the board on the practice of music therapy
132	132	and on matters pertaining to licensure and continuing education
133	133	requirements for music therapy under this chapter;
134	134	(2) facilitate the development of materials to educate
135	135	the public on the practice of music therapy, the licensing of music
136	136	therapists, and the benefits of music therapy as provided in an
137	137	individual setting and in an institutional setting;
138	138	(3) coordinate the dissemination of information to and
139	139	the exchange of information among music therapists in this state,
140	140	the American Music Therapy Association or any successor
141	141	organization, the Certification Board for Music Therapists or any
142	142	successor organization, and the board;
143	143	(4) advise and assist the board with any disciplinary
144	144	proceeding instituted under this chapter; and
145	145	(5) at least annually, provide an analysis to the
146	146	board of disciplinary actions taken by the board under this
147	147	chapter, including appeals, denials, and revocations.
148	148	SUBCHAPTER C. POWERS AND DUTIES OF BOARD
149	149	Sec. 456.101. GENERAL POWERS AND DUTIES. The board shall:
150	150	(1) establish qualifications for a music therapist to
151	151	practice in this state;
152	152	(2) establish requirements for an examination for a
153	153	license to practice as a music therapist;
154	154	(3) establish minimum education and training
155	155	requirements necessary for a license to practice as a music
156	156	therapist;
157	157	(4) prescribe the application form for a license to
158	158	practice as a music therapist;
159	159	(5) develop an approved program of mandatory
160	160	continuing education and the manner in which attendance at approved
161	161	courses, clinics, forums, lectures, programs, and seminars is
162	162	monitored and recorded; and
163	163	(6) consult with the advisory committee in performing
164	164	the duties described by this section.
165	165	Sec. 456.102. FEES. The board, in consultation with the
166	166	advisory committee, shall set and collect fees in amounts that are
167	167	reasonable and necessary to cover the costs of administering and
168	168	enforcing this chapter.
169	169	SUBCHAPTER D. LICENSE REQUIREMENTS
170	170	Sec. 456.151. LICENSE REQUIRED. (a) Except as provided by
171	171	Section 456.002, a person may not practice music therapy unless the
172	172	person holds a license issued under this chapter.
173	173	(b) Unless the person holds a license issued under this
174	174	chapter, a person may not use in connection with the person's name,
175	175	including in advertisements:
176	176	(1) the title "music therapist"; or
177	177	(2) any other designation that would imply that the
178	178	person is a music therapist.
179	179	Sec. 456.152. LICENSE APPLICATION. An applicant for a
180	180	license must:
181	181	(1) file a written application with the board on a form
182	182	prescribed by the board; and
183	183	(2) pay any application fee set by the board.
184	184	Sec. 456.153. LICENSE ELIGIBILITY. To be eligible for a
185	185	license, a person must:
186	186	(1) be at least 18 years of age;
187	187	(2) hold a bachelor's or graduate degree in music
188	188	therapy, or an equivalent field of study, from a program approved by
189	189	the American Music Therapy Association, or a successor
190	190	organization, within an accredited public or private institution of
191	191	higher education;
192	192	(3) successfully complete at least 1,200 hours of
193	193	clinical training consisting of at least:
194	194	(A) 180 hours in pre-internship experiences; and
195	195	(B) 900 hours in internship experiences;
196	196	(4) if applicable, be in good standing with any other
197	197	jurisdiction from which the applicant holds a music therapy
198	198	license; and
199	199	(5) hold a music therapy certification from the
200	200	Certification Board for Music Therapists or any successor
201	201	organization.
202	202	Sec. 456.154. RECIPROCAL LICENSE. The board may waive any
203	203	license requirement for an applicant who is licensed in another
204	204	state that has license requirements substantially equivalent to
205	205	those of this state.
206	206	Sec. 456.155. ISSUANCE AND RENEWAL OF LICENSE. The board
207	207	shall issue a music therapist license to a person who meets the
208	208	requirements of this chapter and rules adopted under this chapter.
209	209	Sec. 456.156. LICENSE RENEWAL. (a) A music therapist
210	210	license expires on the second anniversary of the date of issuance.
211	211	The board by rule shall provide requirements and procedures for the
212	212	renewal of a music therapist license, including requiring a license
213	213	holder to provide proof of the license holder's continuing
214	214	certification in music therapy by the Certification Board for Music
215	215	Therapists or any successor organization.
216	216	(b) The board by rule may adopt a system under which
217	217	licenses expire on various dates during the year.
218	218	Sec. 456.157. INACTIVE STATUS. The board may adopt rules
219	219	and set reasonable fees relating to placing license holders on
220	220	inactive status not to exceed two years from the date the license
221	221	holder is placed on inactive status.
222	222	Sec. 456.158. LICENSE HOLDER INFORMATION. A license holder
223	223	shall:
224	224	(1) notify the board of a change of the license
225	225	holder's residence or business address; and
226	226	(2) provide the board with the license holder's new
227	227	address not later than the 30th day after the date the address
228	228	change occurs.
229	229	SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
230	230	Sec. 456.201. REFERRALS REQUIRED FOR CERTAIN SERVICES. (a)
231	231	A music therapist may provide the following music therapy services
232	232	without a referral from a health professional:
233	233	(1) consultation and evaluation;
234	234	(2) preventative care;
235	235	(3) wellness care;
236	236	(4) education; and
237	237	(5) specialized support.
238	238	(b) Providing music therapy services for a specific health
239	239	condition, other than consultation and evaluation, requires a
240	240	referral from a physician or other health professional acting
241	241	within the scope of the person's license.
242	242	SUBCHAPTER F. DISCIPLINARY PROCEEDINGS
243	243	Sec. 456.251. DISCIPLINARY ACTIONS BY BOARD. On a
244	244	determination that an applicant or license holder committed an act
245	245	described by Section 456.252, the board by order may take
246	246	disciplinary action against the applicant or license holder under
247	247	Section 164.001 in the same manner as the board takes disciplinary
248	248	action against a person regulated under Subtitle B, Title 3.
249	249	Sec. 456.252. GROUNDS FOR DISCIPLINARY ACTION. The board
250	250	may take disciplinary action against an applicant or license holder
251	251	for:
252	252	(1) treating or attempting to treat an individual's
253	253	specific health condition by means other than music therapy;
254	254	(2) failing to refer a patient to a health care
255	255	provider for treatment if a music therapist recognizes symptoms for
256	256	which treatment by music therapy is inadvisable or which warrant
257	257	treatment that is outside the scope of music therapy, as specified
258	258	by the American Music Therapy Association or the Certification
259	259	Board for Music Therapists or any successor organizations;
260	260	(3) being unable to practice music therapy with
261	261	reasonable skill and safety because of excessive use of alcohol,
262	262	drugs, narcotics, chemicals, or another substance;
263	263	(4) being convicted of a felony that directly relates
264	264	to the duties and responsibilities of a music therapist or that
265	265	indicates that the person poses a continued threat to public
266	266	safety;
267	267	(5) obtaining or attempting to obtain a music
268	268	therapist license by fraud;
269	269	(6) practicing music therapy in a grossly negligent
270	270	manner;
271	271	(7) being adjudicated as an incapacitated person by a
272	272	court;
273	273	(8) being convicted of an offense indicating that the
274	274	music therapist's continued practice of music therapy is
275	275	detrimental to the best interests of the public or profession,
276	276	including an offense that constitutes a violation of any applicable
277	277	ethical rule of the profession; or
278	278	(9) being subject to the suspension or revocation of a
279	279	music therapy license in another jurisdiction.
280	280	SECTION 2. Not later than February 1, 2022, the Texas
281	281	Medical Board shall:
282	282	(1) adopt rules necessary to implement Chapter 456,
283	283	Occupations Code, as added by this Act; and
284	284	(2) appoint the members of the advisory committee
285	285	established under Subchapter B, Chapter 456, Occupations Code, as
286	286	added by this Act.
287	287	SECTION 3. Not later than March 1, 2022, the Texas Medical
288	288	Board shall begin accepting applications for and issuing music
289	289	therapist licenses under Chapter 456, Occupations Code, as added by
290	290	this Act.
291	291	SECTION 4. (a) Except as provided by Subsection (b) of this
292	292	section, this Act takes effect September 1, 2021.
293	293	(b) Section 456.151 and Subchapter F, Chapter 456,
294	294	Occupations Code, as added by this Act, take effect September 1,
295	295	2022.