Texas 2023 - 88th Regular

Texas House Bill HB667 Compare Versions

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1	1	88R9482 JCG-D
2	2	By: A. Johnson of Harris, Jetton, Plesa, H.B. No. 667
3	3	Lopez of Bexar, Garcia
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the licensing and regulation of music therapists;
9	9	requiring an occupational license; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 51.2031(a), Occupations Code, is amended
12	12	to read as follows:
13	13	(a) This section applies only to the regulation of the
14	14	following professions by the department:
15	15	(1) athletic trainers;
16	16	(2) behavior analysts;
17	17	(3) dietitians;
18	18	(4) hearing instrument fitters and dispensers;
19	19	(5) midwives;
20	20	(6) music therapists;
21	21	(7) orthotists and prosthetists; and
22	22	(8) [(7)] speech-language pathologists and
23	23	audiologists.
24	24	SECTION 2. Section 51.254(b), Occupations Code, is amended
25	25	to read as follows:
26	26	(b) This section applies to health-related professions
27	27	regulated by this state the administration of which is assigned to
28	28	the department by law, including the following professions:
29	29	(1) athletic trainers regulated under Chapter 451;
30	30	(2) behavior analysts regulated under Chapter 506;
31	31	(3) dietitians regulated under Chapter 701;
32	32	(4) dyslexia practitioners and dyslexia therapists
33	33	regulated under Chapter 403;
34	34	(5) hearing instrument fitters and dispensers
35	35	regulated under Chapter 402;
36	36	(6) massage therapists regulated under Chapter 455;
37	37	(7) midwives regulated under Chapter 203;
38	38	(8) music therapists regulated under Chapter 456;
39	39	(9) orthotists and prosthetists regulated under
40	40	Chapter 605;
41	41	(10) [(9)] podiatrists regulated under Chapter 202;
42	42	and
43	43	(11) [(10)] speech-language pathologists and
44	44	audiologists regulated under Chapter 401.
45	45	SECTION 3. Subtitle H, Title 3, Occupations Code, is
46	46	amended by adding Chapter 456 to read as follows:
47	47	CHAPTER 456. MUSIC THERAPISTS
48	48	SUBCHAPTER A. GENERAL PROVISIONS
49	49	Sec. 456.001. SHORT TITLE. This chapter may be cited as the
50	50	Music Therapist Licensing Act.
51	51	Sec. 456.002. DEFINITIONS. In this chapter:
52	52	(1) "Advisory board" means the Music Therapist
53	53	Advisory Board created under Subchapter B.
54	54	(2) "Certifying entity" means the nationally
55	55	accredited Certification Board for Music Therapists or another
56	56	entity that is accredited by the National Commission for Certifying
57	57	Agencies or the American National Standards Institute to issue
58	58	credentials in the professional practice of music therapy and
59	59	approved by the department.
60	60	(3) "Commission" means the Texas Commission of
61	61	Licensing and Regulation.
62	62	(4) "Department" means the Texas Department of
63	63	Licensing and Regulation.
64	64	(5) "Executive director" means the executive director
65	65	of the department.
66	66	(6) "Music therapist" means a person who holds a music
67	67	therapist license issued by the department under this chapter.
68	68	(7) "Music therapy" means the clinical and
69	69	evidence-based use of music interventions by a person for a client
70	70	who is in a therapeutic relationship with the person to assist the
71	71	client in accomplishing particular goals. The music interventions
72	72	may include music improvisation, receptive music listening,
73	73	songwriting, lyric discussion, music and imagery, singing, music
74	74	performance, learning through music, music combined with other
75	75	arts, music-assisted relaxation, music-based patient education,
76	76	electronic music technology, adapted music intervention, and
77	77	movement to music. The practice of music therapy does not include
78	78	the diagnosis or assessment of or screening for any physical,
79	79	mental, or communication disorder. The term includes:
80	80	(A) accepting referrals for music therapy
81	81	services from medical, developmental, mental health, or education
82	82	professionals, family members, clients, caregivers, or any other
83	83	person involved with the provision of music therapy services;
84	84	(B) conducting an assessment of a client to
85	85	determine whether music therapy is recommended or necessary for the
86	86	client, including the collection of information to determine the
87	87	recommended or necessary manner of music therapy services;
88	88	(C) developing an individualized music therapy
89	89	treatment plan based on an assessment described by Paragraph (B),
90	90	including specific goals for the client, specific methods to be
91	91	used to achieve the goals, and a plan to ensure that the client
92	92	receives music therapy in the least restrictive environment;
93	93	(D) implementing an individualized music therapy
94	94	treatment plan that is consistent with any other medical,
95	95	developmental, mental health, educational, preventative, or
96	96	wellness services being provided to a client;
97	97	(E) evaluating a client's response to a music
98	98	therapy treatment plan, documenting progress, and recommending
99	99	changes, including terminating treatment, as appropriate;
100	100	(F) collaborating with any appropriate person
101	101	with regard to a client receiving music therapy services, including
102	102	the client's caretakers or family, to ensure that the music therapy
103	103	services are appropriate; and
104	104	(G) researching and applying best practices as
105	105	applicable to each clinical setting.
106	106	Sec. 456.003. APPLICABILITY. (a) This chapter does not
107	107	apply to:
108	108	(1) a person certified, or otherwise accredited, to
109	109	practice an occupation and who uses music within the scope of that
110	110	accreditation and within the scope of the person's training,
111	111	education, and competence, including a licensed health care worker
112	112	or other professional acting within the scope of the person's
113	113	license;
114	114	(2) a student who is performing activities under the
115	115	supervision of a license holder as part of a degree program
116	116	described by Section 456.153(2);
117	117	(3) a person employed:
118	118	(A) in the service of the federal government
119	119	while performing duties related to that employment; or
120	120	(B) by a music therapist and who provides music
121	121	therapy services under the direct supervision of the music
122	122	therapist;
123	123	(4) a family member or guardian of a recipient of music
124	124	therapy services who is implementing a treatment plan for the
125	125	recipient under the extended authority and direction of a licensed
126	126	music therapist; or
127	127	(5) a music therapist licensed in another jurisdiction
128	128	or certified by the certifying entity if the activities and
129	129	services conducted in this state:
130	130	(A) are within the music therapist's customary
131	131	area of practice;
132	132	(B) are conducted not more than 20 days in a
133	133	calendar year; and
134	134	(C) are not otherwise in violation of this
135	135	chapter.
136	136	(b) A person described by Subsection (a)(3)(B) may not
137	137	represent that the person is a music therapist.
138	138	(c) A music therapist described by Subsection (a)(5) shall
139	139	inform the recipient of music therapy services, or a parent or
140	140	guardian of the recipient if the recipient is under 18 years of age,
141	141	that:
142	142	(1) the music therapist is not licensed in this state;
143	143	and
144	144	(2) the activities and services provided by the music
145	145	therapist are time-limited.
146	146	SUBCHAPTER B. MUSIC THERAPIST ADVISORY BOARD
147	147	Sec. 456.051. ADVISORY BOARD MEMBERSHIP. (a) The advisory
148	148	board is composed of seven members appointed by the presiding
149	149	officer of the commission with the approval of the commission as
150	150	follows:
151	151	(1) four licensed music therapists;
152	152	(2) one physician or other health professional who is
153	153	authorized to refer patients or clients to receive music therapy
154	154	services; and
155	155	(3) two members who represent the public and who are
156	156	either former recipients of music therapy services or the parent or
157	157	guardian of a current or former recipient of music therapy
158	158	services.
159	159	(a-1) Notwithstanding Subsection (a)(1), a person is
160	160	eligible for appointment to the advisory board as a licensed music
161	161	therapist member if the person is certified as a music therapist by
162	162	the certifying entity, regardless of whether the person is licensed
163	163	under this chapter. This subsection expires January 31, 2027.
164	164	(b) Appointments to the advisory board shall be made without
165	165	regard to the race, color, disability, sex, religion, age, or
166	166	national origin of the appointee.
167	167	(c) Chapter 2110, Government Code, does not apply to the
168	168	duration of the advisory board.
169	169	Sec. 456.052. DUTIES OF ADVISORY BOARD. The advisory board
170	170	may advise the commission and department on:
171	171	(1) technical matters relevant to the administration
172	172	of this chapter;
173	173	(2) standards of performance and work practices for
174	174	music therapy;
175	175	(3) eligibility for the issuance or renewal of a
176	176	license under this chapter, including any training or continuing
177	177	education;
178	178	(4) the content of any examinations required for a
179	179	license under this chapter; and
180	180	(5) any other issue affecting music therapy.
181	181	Sec. 456.053. TERMS; VACANCY. (a) Members of the advisory
182	182	board serve staggered six-year terms, with the terms of two or three
183	183	members expiring February 1 of each odd-numbered year.
184	184	(b) If a vacancy occurs during a member's term, the
185	185	presiding officer of the commission, with the commission's
186	186	approval, shall appoint a replacement who meets the qualifications
187	187	for the vacant position to serve for the remainder of the term.
188	188	Sec. 456.054. PRESIDING OFFICER. The presiding officer of
189	189	the commission shall designate a member of the advisory board to
190	190	serve as the presiding officer of the advisory board for a term of
191	191	one year.
192	192	SUBCHAPTER C. POWERS AND DUTIES
193	193	Sec. 456.101. GENERAL POWERS AND DUTIES. (a) The
194	194	commission shall:
195	195	(1) adopt rules consistent with this chapter for the
196	196	administration and enforcement of this chapter; and
197	197	(2) establish standards of ethical practice and adopt
198	198	and publish a code of ethics.
199	199	(b) The department shall:
200	200	(1) administer and enforce this chapter;
201	201	(2) evaluate the qualifications of license
202	202	applicants;
203	203	(3) provide for the examination of license applicants;
204	204	(4) issue licenses;
205	205	(5) in connection with a hearing under this chapter,
206	206	issue subpoenas, examine witnesses, and administer oaths under the
207	207	laws of this state; and
208	208	(6) investigate persons engaging in practices that
209	209	violate this chapter.
210	210	(c) The commission or executive director may deny, revoke,
211	211	or suspend a license or may otherwise discipline a license holder in
212	212	accordance with Section 51.353.
213	213	Sec. 456.102. FEES. The commission shall set fees in
214	214	amounts that are reasonable and necessary to cover the costs of
215	215	administering and enforcing this chapter.
216	216	SUBCHAPTER D. LICENSE REQUIREMENTS
217	217	Sec. 456.151. LICENSE REQUIRED. (a) Except as provided by
218	218	Section 456.003, a person may not practice music therapy unless the
219	219	person holds a license issued under this chapter.
220	220	(b) Unless the person holds a license issued under this
221	221	chapter, a person may not use in connection with the person's name,
222	222	including in advertisements:
223	223	(1) the title "licensed professional music
224	224	therapist"; or
225	225	(2) any other designation that would imply that the
226	226	person is a music therapist.
227	227	Sec. 456.152. LICENSE APPLICATION. Each applicant for a
228	228	license under this chapter must submit an application and the
229	229	required fees to the department. The application must include
230	230	sufficient evidence, as defined by commission rules, that the
231	231	applicant has successfully completed a state-approved criminal
232	232	background check.
233	233	Sec. 456.153. LICENSE ELIGIBILITY. To be eligible for a
234	234	license, a person must:
235	235	(1) be at least 18 years of age;
236	236	(2) hold a bachelor's or graduate degree in music
237	237	therapy, or an equivalent field of study, from a program approved by
238	238	the American Music Therapy Association, or a successor
239	239	organization, within an accredited public or private institution of
240	240	higher education and that is approved by the department;
241	241	(3) successfully complete any clinical training hours
242	242	required as part of a degree program described by Subdivision (2);
243	243	(4) if applicable, be in good standing with any other
244	244	jurisdiction from which the applicant holds a music therapy
245	245	license;
246	246	(5) pass the examination for board certification
247	247	offered by the certifying entity or provide proof of being
248	248	transitioned into board certification by the certifying entity;
249	249	(6) be certified as a music therapist by the
250	250	certifying entity;
251	251	(7) be in compliance with all professional, ethical,
252	252	and disciplinary standards established by the certifying entity;
253	253	and
254	254	(8) not be subject to any disciplinary action by the
255	255	certifying entity.
256	256	Sec. 456.154. ISSUANCE OF LICENSE. The department shall
257	257	issue a music therapist license to a person who meets the
258	258	requirements of this chapter and rules adopted under this chapter.
259	259	Sec. 456.155. LICENSE RENEWAL. A music therapist license
260	260	expires on the second anniversary of the date of issuance. The
261	261	commission by rule shall provide requirements and procedures for
262	262	the renewal of a music therapist license, including requiring a
263	263	license holder to provide proof of the license holder's continuing
264	264	certification in music therapy by the certifying entity.
265	265	Sec. 456.156. LICENSE HOLDER INFORMATION. A license holder
266	266	shall:
267	267	(1) notify the department of a change of the license
268	268	holder's residence or business address; and
269	269	(2) provide the department with the license holder's
270	270	new address not later than the 30th day after the date the address
271	271	change occurs.
272	272	SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
273	273	Sec. 456.201. REFERRALS REQUIRED FOR CERTAIN SERVICES. (a)
274	274	A music therapist may provide the following music therapy services
275	275	without a referral from a health professional:
276	276	(1) consultation and evaluation;
277	277	(2) preventative care;
278	278	(3) wellness care;
279	279	(4) education; and
280	280	(5) specialized support.
281	281	(b) Providing music therapy services for a specific health
282	282	condition, other than consultation and evaluation, requires a
283	283	referral from a physician or other health professional acting
284	284	within the scope of the professional's license.
285	285	Sec. 456.202. REQUIREMENTS FOR CERTAIN CLIENTS. (a)
286	286	Before providing music therapy services to a client for a clinical,
287	287	developmental, or other health-related need diagnosed or otherwise
288	288	identified by a health care provider, the music therapist must
289	289	review with the appropriate health care provider involved in
290	290	providing care for that identified need the client's diagnosis,
291	291	treatment needs, and treatment plan.
292	292	(b) During the provision of music therapy services to a
293	293	client described by Subsection (a), the music therapist shall
294	294	collaborate with any licensed professional providing care for the
295	295	identified need, including collaborating with, as applicable, the
296	296	client's physician, psychologist, social worker, or other mental
297	297	health professional.
298	298	(c) Before providing music therapy services to a client for
299	299	an educational need, the music therapist must, if applicable,
300	300	review with the individuals who are implementing the client's
301	301	individualized family service plan or individualized education
302	302	program the client's diagnosis, treatment needs, and treatment
303	303	plan.
304	304	(d) A music therapist providing music therapy services to a
305	305	client with a communication disorder who is also receiving services
306	306	from an audiologist or speech-language pathologist:
307	307	(1) shall collaborate with and disclose the music
308	308	therapy treatment plan with the client's audiologist or
309	309	speech-language pathologist, as applicable; and
310	310	(2) may not provide music therapy services in a manner
311	311	that replaces the services provided by the audiologist or
312	312	speech-language pathologist.
313	313	SUBCHAPTER F. DISCIPLINARY GROUNDS
314	314	Sec. 456.251. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
315	315	ACTION. After a hearing, the commission or executive director may
316	316	deny a license to an applicant, suspend or revoke a music
317	317	therapist's license, or place on probation a music therapist if the
318	318	applicant or music therapist:
319	319	(1) violates this chapter, a commission rule, or an
320	320	order of the commission or the executive director;
321	321	(2) obtains a license by means of fraud,
322	322	misrepresentation, or concealment of a material fact;
323	323	(3) sells, barters, or offers to sell or barter a
324	324	license;
325	325	(4) engages in unprofessional conduct that:
326	326	(A) endangers or is likely to endanger the
327	327	health, welfare, or safety of the public as defined by commission
328	328	rule; or
329	329	(B) violates the code of ethics adopted and
330	330	published by the commission;
331	331	(5) treats or attempts to treat a client's specific
332	332	health condition by means other than music therapy;
333	333	(6) fails to refer a client to a health care provider
334	334	for treatment if a music therapist recognizes symptoms for which
335	335	treatment by music therapy is inadvisable or which warrant
336	336	treatment that is outside the scope of music therapy;
337	337	(7) is unable to practice music therapy with
338	338	reasonable skill and safety because of excessive use of alcohol,
339	339	drugs, narcotics, chemicals, or another substance;
340	340	(8) is convicted of a felony that directly relates to
341	341	the duties and responsibilities of a music therapist or that
342	342	indicates that the person poses a continued threat to public
343	343	safety;
344	344	(9) practices music therapy in a grossly negligent
345	345	manner;
346	346	(10) is adjudicated as an incapacitated person by a
347	347	court;
348	348	(11) is convicted of an offense indicating that the
349	349	music therapist's continued practice of music therapy is
350	350	detrimental to the best interests of the public or profession,
351	351	including an offense that constitutes a violation of any applicable
352	352	ethical rule of the profession; or
353	353	(12) has had a music therapy license suspended or
354	354	revoked by another jurisdiction.
355	355	SECTION 4. As soon as practicable after the effective date
356	356	of this Act, the presiding officer of the Texas Commission of
357	357	Licensing and Regulation shall appoint seven members to the Music
358	358	Therapist Advisory Board in accordance with Chapter 456,
359	359	Occupations Code, as added by this Act. In making the initial
360	360	appointments, the presiding officer of the commission shall
361	361	designate two members for terms expiring February 1, 2025, two
362	362	members for terms expiring February 1, 2027, and three members for
363	363	terms expiring February 1, 2029.
364	364	SECTION 5. Not later than April 1, 2024, the Texas
365	365	Commission of Licensing and Regulation shall adopt the rules,
366	366	procedures, and fees necessary to administer Chapter 456,
367	367	Occupations Code, as added by this Act.
368	368	SECTION 6. Notwithstanding Chapter 456, Occupations Code,
369	369	as added by this Act, a music therapist is not required to hold a
370	370	license under that chapter to practice as a licensed music
371	371	therapist in this state before September 1, 2024.
372	372	SECTION 7. (a) Except as provided by Subsection (b) of this
373	373	section, this Act takes effect September 1, 2023.
374	374	(b) Section 456.151 and Subchapter F, Chapter 456,
375	375	Occupations Code, as added by this Act, take effect September 1,
376	376	2024.