Texas 2025 - 89th Regular

Texas House Bill HB2284 Compare Versions

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1	1	89R4241 GP-D
2	2	By: Johnson H.B. No. 2284
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of music therapists;
10	10	requiring an occupational license; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 411.093(a), Government Code, is amended
13	13	to read as follows:
14	14	(a) The Texas Department of Licensing and Regulation is
15	15	entitled to obtain criminal history record information as provided
16	16	by Subsection (b) that relates to:
17	17	(1) an applicant for or the holder of:
18	18	(A) a driver education instructor license under
19	19	Chapter 1001, Education Code;
20	20	(B) a license under Chapter 202, Occupations
21	21	Code;
22	22	(C) a license under Chapter 401, Occupations
23	23	Code;
24	24	(D) a license under Chapter 402, Occupations
25	25	Code; [or]
26	26	(E) a license under Chapter 456, Occupations
27	27	Code; or
28	28	(F) an instructor license or motorcycle school
29	29	license under Chapter 662, Transportation Code;
30	30	(2) a person who is:
31	31	(A) an applicant for or the holder of a license
32	32	under Chapter 91, Labor Code; or
33	33	(B) a controlling person, as defined by Chapter
34	34	91, Labor Code, of an entity described by Paragraph (A); or
35	35	(3) a person who:
36	36	(A) is an applicant for or the holder of a license
37	37	under Chapter 455, Occupations Code; or
38	38	(B) has an interest described under Section
39	39	455.1525(e), Occupations Code, in an entity described by Paragraph
40	40	(A).
41	41	SECTION 2. Section 51.2031(a), Occupations Code, is amended
42	42	to read as follows:
43	43	(a) This section applies only to the regulation of the
44	44	following professions by the department:
45	45	(1) athletic trainers;
46	46	(2) behavior analysts;
47	47	(3) dietitians;
48	48	(4) hearing instrument fitters and dispensers;
49	49	(5) midwives;
50	50	(6) music therapists;
51	51	(7) orthotists and prosthetists; and
52	52	(8) [(7)] speech-language pathologists and
53	53	audiologists.
54	54	SECTION 3. Section 51.254(b), Occupations Code, is amended
55	55	to read as follows:
56	56	(b) This section applies to health-related professions
57	57	regulated by this state the administration of which is assigned to
58	58	the department by law, including the following professions:
59	59	(1) athletic trainers regulated under Chapter 451;
60	60	(2) behavior analysts regulated under Chapter 506;
61	61	(3) dietitians regulated under Chapter 701;
62	62	(4) dyslexia practitioners and dyslexia therapists
63	63	regulated under Chapter 403;
64	64	(5) hearing instrument fitters and dispensers
65	65	regulated under Chapter 402;
66	66	(6) massage therapists regulated under Chapter 455;
67	67	(7) midwives regulated under Chapter 203;
68	68	(8) music therapists regulated under Chapter 456;
69	69	(9) orthotists and prosthetists regulated under
70	70	Chapter 605;
71	71	(10) [(9)] podiatrists regulated under Chapter 202;
72	72	and
73	73	(11) [(10)] speech-language pathologists and
74	74	audiologists regulated under Chapter 401.
75	75	SECTION 4. Subtitle H, Title 3, Occupations Code, is
76	76	amended by adding Chapter 456 to read as follows:
77	77	CHAPTER 456. MUSIC THERAPISTS
78	78	SUBCHAPTER A. GENERAL PROVISIONS
79	79	Sec. 456.001. SHORT TITLE. This chapter may be cited as the
80	80	Music Therapist Licensing Act.
81	81	Sec. 456.002. DEFINITIONS. In this chapter:
82	82	(1) "Advisory board" means the Music Therapist
83	83	Advisory Board created under Subchapter B.
84	84	(2) "Certifying entity" means the nationally
85	85	accredited Certification Board for Music Therapists or another
86	86	entity that is accredited by the National Commission for Certifying
87	87	Agencies or the American National Standards Institute to issue
88	88	credentials in the professional practice of music therapy and
89	89	approved by the department.
90	90	(3) "Commission" means the Texas Commission of
91	91	Licensing and Regulation.
92	92	(4) "Department" means the Texas Department of
93	93	Licensing and Regulation.
94	94	(5) "Executive director" means the executive director
95	95	of the department.
96	96	(6) "Music therapist" means a person who holds a music
97	97	therapist license issued by the department under this chapter.
98	98	(7) "Music therapy" means the clinical and
99	99	evidence-based use of music interventions by a person for a client
100	100	who is in a therapeutic relationship with the person to assist the
101	101	client in accomplishing particular goals. The music interventions
102	102	may include music improvisation, receptive music listening,
103	103	songwriting, lyric discussion, music and imagery, singing, music
104	104	performance, learning through music, music combined with other
105	105	arts, music-assisted relaxation, music-based patient education,
106	106	electronic music technology, adapted music intervention, and
107	107	movement to music. The practice of music therapy does not include
108	108	the diagnosis or assessment of or the screening for any physical,
109	109	mental, or communication disorder. The term includes:
110	110	(A) accepting referrals for music therapy
111	111	services from medical, developmental, mental health, or education
112	112	professionals, family members, clients, caregivers, or any other
113	113	person involved with the provision of music therapy services;
114	114	(B) conducting an assessment of a client to
115	115	determine whether music therapy is recommended or necessary for the
116	116	client, including the collection of information to determine the
117	117	recommended or necessary manner of music therapy services;
118	118	(C) developing an individualized music therapy
119	119	treatment plan based on an assessment described by Paragraph (B),
120	120	including specific goals for the client, specific methods to be
121	121	used to achieve the goals, and a plan to ensure that the client
122	122	receives music therapy in the least restrictive environment;
123	123	(D) implementing an individualized music therapy
124	124	treatment plan that is consistent with any other medical,
125	125	developmental, mental health, educational, preventative, or
126	126	wellness services being provided to a client;
127	127	(E) evaluating a client's response to a music
128	128	therapy treatment plan, documenting progress, and recommending
129	129	changes, including terminating treatment, as appropriate;
130	130	(F) collaborating with any appropriate person
131	131	with regard to a client receiving music therapy services, including
132	132	the client's caretakers or family, to ensure that the music therapy
133	133	services are appropriate; and
134	134	(G) researching and applying best practices as
135	135	applicable to each clinical setting.
136	136	Sec. 456.003. APPLICABILITY. (a) This chapter does not
137	137	apply to:
138	138	(1) a person certified, or otherwise accredited, to
139	139	practice an occupation and who uses music within the scope of that
140	140	accreditation and within the scope of the person's training,
141	141	education, and competence, including a licensed health care worker
142	142	or other professional acting within the scope of the person's
143	143	license;
144	144	(2) a student who is performing activities under the
145	145	supervision of a license holder as part of a degree program
146	146	described by Section 456.153(2);
147	147	(3) a person employed:
148	148	(A) in the service of the federal government
149	149	while performing duties related to that employment; or
150	150	(B) by a music therapist and who provides music
151	151	therapy services under the direct supervision of the music
152	152	therapist;
153	153	(4) a family member or guardian of a recipient of music
154	154	therapy services who is implementing a treatment plan for the
155	155	recipient under the extended authority and direction of a licensed
156	156	music therapist; or
157	157	(5) a music therapist licensed in another jurisdiction
158	158	or certified by the certifying entity if the activities and
159	159	services conducted in this state:
160	160	(A) are within the music therapist's customary
161	161	area of practice;
162	162	(B) are conducted not more than 20 days in a
163	163	calendar year; and
164	164	(C) are not otherwise in violation of this
165	165	chapter.
166	166	(b) A person described by Subsection (a)(3)(B) may not
167	167	represent that the person is a music therapist.
168	168	(c) A music therapist described by Subsection (a)(5) shall
169	169	inform the recipient of music therapy services, or a parent or
170	170	guardian of the recipient if the recipient is under 18 years of age,
171	171	that:
172	172	(1) the music therapist is not licensed in this state;
173	173	and
174	174	(2) the activities and services provided by the music
175	175	therapist are time-limited.
176	176	SUBCHAPTER B. MUSIC THERAPIST ADVISORY BOARD
177	177	Sec. 456.051. ADVISORY BOARD MEMBERSHIP. (a) The advisory
178	178	board is composed of seven members appointed by the presiding
179	179	officer of the commission with the approval of the commission as
180	180	follows:
181	181	(1) four licensed music therapists;
182	182	(2) one physician or other health professional who is
183	183	authorized to refer patients or clients to receive music therapy
184	184	services; and
185	185	(3) two members who represent the public and who are
186	186	either former recipients of music therapy services or the parent or
187	187	guardian of a current or former recipient of music therapy
188	188	services.
189	189	(a-1) Notwithstanding Subsection (a)(1), a person is
190	190	eligible for appointment to the advisory board as a licensed music
191	191	therapist member if the person is certified as a music therapist by
192	192	the certifying entity, regardless of whether the person is licensed
193	193	under this chapter. This subsection expires January 31, 2029.
194	194	(b) Appointments to the advisory board shall be made without
195	195	regard to the race, color, disability, sex, religion, age, or
196	196	national origin of the appointee.
197	197	(c) Chapter 2110, Government Code, does not apply to the
198	198	duration of the advisory board.
199	199	Sec. 456.052. DUTIES OF ADVISORY BOARD. The advisory board
200	200	may advise the commission and department on:
201	201	(1) technical matters relevant to the administration
202	202	of this chapter;
203	203	(2) standards of performance and work practices for
204	204	music therapy;
205	205	(3) eligibility for the issuance or renewal of a
206	206	license under this chapter, including any training or continuing
207	207	education;
208	208	(4) the content of any examinations required for a
209	209	license under this chapter; and
210	210	(5) any other issue affecting music therapy.
211	211	Sec. 456.053. TERMS; VACANCY. (a) Members of the advisory
212	212	board serve staggered six-year terms, with the terms of two or three
213	213	members expiring February 1 of each odd-numbered year.
214	214	(b) If a vacancy occurs during a member's term, the
215	215	presiding officer of the commission, with the commission's
216	216	approval, shall appoint a replacement who meets the qualifications
217	217	for the vacant position to serve for the remainder of the term.
218	218	Sec. 456.054. PRESIDING OFFICER. The presiding officer of
219	219	the commission shall designate a member of the advisory board to
220	220	serve as the presiding officer of the advisory board for a term of
221	221	one year.
222	222	SUBCHAPTER C. POWERS AND DUTIES
223	223	Sec. 456.101. GENERAL POWERS AND DUTIES. (a) The
224	224	commission shall:
225	225	(1) adopt rules consistent with this chapter for the
226	226	administration and enforcement of this chapter; and
227	227	(2) establish standards of ethical practice and adopt
228	228	and publish a code of ethics.
229	229	(b) The department shall:
230	230	(1) administer and enforce this chapter;
231	231	(2) evaluate the qualifications of license
232	232	applicants;
233	233	(3) provide for the examination of license applicants;
234	234	(4) issue licenses;
235	235	(5) in connection with a hearing under this chapter,
236	236	issue subpoenas, examine witnesses, and administer oaths under the
237	237	laws of this state; and
238	238	(6) investigate persons engaging in practices that
239	239	violate this chapter.
240	240	Sec. 456.102. FEES. The commission shall set fees in
241	241	amounts that are reasonable and necessary to cover the costs of
242	242	administering and enforcing this chapter.
243	243	SUBCHAPTER D. LICENSE REQUIREMENTS
244	244	Sec. 456.151. LICENSE REQUIRED. (a) Except as provided by
245	245	Section 456.003, a person may not practice music therapy unless the
246	246	person holds a license issued under this chapter.
247	247	(b) Unless the person holds a license issued under this
248	248	chapter, a person may not use in connection with the person's name,
249	249	including in advertisements:
250	250	(1) the title "licensed professional music
251	251	therapist"; or
252	252	(2) any other designation that would imply that the
253	253	person is a music therapist.
254	254	Sec. 456.152. LICENSE APPLICATION. Each applicant for a
255	255	license under this chapter must submit an application and any
256	256	required fees to the department. The application must include
257	257	sufficient evidence, as defined by commission rules, that the
258	258	applicant has successfully completed a state-approved criminal
259	259	background check.
260	260	Sec. 456.153. LICENSE ELIGIBILITY. To be eligible for a
261	261	license, a person must:
262	262	(1) be at least 18 years of age;
263	263	(2) hold a bachelor's or graduate degree in music
264	264	therapy, or an equivalent field of study, from a program that is
265	265	approved by the American Music Therapy Association, or a successor
266	266	organization, within an accredited public or private institution of
267	267	higher education and that is approved by the department;
268	268	(3) successfully complete any clinical training hours
269	269	required as part of a degree program described by Subdivision (2);
270	270	(4) if applicable, be in good standing with any other
271	271	jurisdiction from which the applicant holds a music therapy
272	272	license;
273	273	(5) pass the examination for board certification
274	274	offered by the certifying entity or provide proof of being
275	275	transitioned into board certification by the certifying entity;
276	276	(6) be certified as a music therapist by the
277	277	certifying entity;
278	278	(7) be in compliance with all professional, ethical,
279	279	and disciplinary standards established by the certifying entity;
280	280	and
281	281	(8) not be subject to any disciplinary action by the
282	282	certifying entity.
283	283	Sec. 456.154. ISSUANCE OF LICENSE. The department shall
284	284	issue a music therapist license to a person who meets the
285	285	requirements of this chapter and rules adopted under this chapter.
286	286	Sec. 456.155. LICENSE RENEWAL. A music therapist license
287	287	expires on the second anniversary of the date of issuance. The
288	288	commission by rule shall provide requirements and procedures for
289	289	the renewal of a music therapist license, including requiring a
290	290	license holder to provide proof of the license holder's continuing
291	291	certification in music therapy by the certifying entity.
292	292	Sec. 456.156. LICENSE HOLDER INFORMATION. A license holder
293	293	shall:
294	294	(1) notify the department of a change of the license
295	295	holder's residence or business address; and
296	296	(2) provide the department with the license holder's
297	297	new address not later than the 30th day after the date the address
298	298	change occurs.
299	299	SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
300	300	Sec. 456.201. REFERRALS REQUIRED FOR CERTAIN SERVICES. (a)
301	301	A music therapist may provide the following music therapy services
302	302	without a referral from a health professional:
303	303	(1) consultation and evaluation;
304	304	(2) preventative care;
305	305	(3) wellness care;
306	306	(4) education; and
307	307	(5) specialized support.
308	308	(b) Providing music therapy services for a specific health
309	309	condition, other than consultation and evaluation, requires a
310	310	referral from a physician or other health professional acting
311	311	within the scope of the professional's license.
312	312	Sec. 456.202. REQUIREMENTS FOR CERTAIN CLIENTS. (a)
313	313	Before providing music therapy services to a client for a clinical,
314	314	developmental, or other health-related need diagnosed or otherwise
315	315	identified by a health care provider, the music therapist must
316	316	review with the appropriate health care provider involved in
317	317	providing care for that identified need the client's diagnosis,
318	318	treatment needs, and treatment plan.
319	319	(b) During the provision of music therapy services to a
320	320	client described by Subsection (a), the music therapist shall
321	321	collaborate with any licensed professional providing care for the
322	322	identified need, including collaborating with, as applicable, the
323	323	client's physician, psychologist, social worker, or other mental
324	324	health professional.
325	325	(c) Before providing music therapy services to a client for
326	326	an educational need, the music therapist must, if applicable,
327	327	review with the individuals who are implementing the client's
328	328	individualized family service plan or individualized education
329	329	program the client's diagnosis, treatment needs, and treatment
330	330	plan.
331	331	(d) A music therapist providing music therapy services to a
332	332	client with a communication disorder who is also receiving services
333	333	from an audiologist or speech-language pathologist:
334	334	(1) shall collaborate with and disclose the music
335	335	therapy treatment plan with the client's audiologist or
336	336	speech-language pathologist, as applicable; and
337	337	(2) may not provide music therapy services in a manner
338	338	that replaces the services provided by the audiologist or
339	339	speech-language pathologist.
340	340	Sec. 456.203. CERTAIN PRACTICES RELATED TO SPEECH-LANGUAGE
341	341	PATHOLOGY PROHIBITED. (a) Unless a music therapist is licensed to
342	342	practice speech-language pathology under Chapter 401, the music
343	343	therapist may not:
344	344	(1) evaluate, examine, instruct, or counsel a person
345	345	on speech, language, communication, or swallowing disorders or
346	346	conditions; or
347	347	(2) represent to the public that the music therapist
348	348	is authorized to treat a communication disorder.
349	349	(b) This section does not prohibit a music therapist from
350	350	representing to the public that the music therapist may work with
351	351	clients who have a communication disorder.
352	352	SUBCHAPTER F. DISCIPLINARY GROUNDS
353	353	Sec. 456.251. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
354	354	ACTION. After a hearing, the commission or executive director may
355	355	deny a license to an applicant, suspend or revoke a music
356	356	therapist's license, or place on probation a music therapist if the
357	357	applicant or music therapist:
358	358	(1) violates this chapter, a commission rule, or an
359	359	order of the commission or the executive director;
360	360	(2) obtains a license by means of fraud,
361	361	misrepresentation, or concealment of a material fact;
362	362	(3) sells, barters, or offers to sell or barter a
363	363	license;
364	364	(4) engages in unprofessional conduct that:
365	365	(A) endangers or is likely to endanger the
366	366	health, welfare, or safety of the public as defined by commission
367	367	rule; or
368	368	(B) violates the code of ethics adopted and
369	369	published by the commission;
370	370	(5) treats or attempts to treat a client's specific
371	371	health condition by means other than music therapy;
372	372	(6) fails to refer a client to a health care provider
373	373	for treatment if a music therapist recognizes symptoms for which
374	374	treatment by music therapy is inadvisable or which warrant
375	375	treatment that is outside the scope of music therapy;
376	376	(7) is unable to practice music therapy with
377	377	reasonable skill and safety because of excessive use of alcohol,
378	378	drugs, narcotics, chemicals, or another substance;
379	379	(8) is convicted of a felony that directly relates to
380	380	the duties and responsibilities of a music therapist or that
381	381	indicates that the person poses a continued threat to public
382	382	safety;
383	383	(9) practices music therapy in a grossly negligent
384	384	manner;
385	385	(10) is adjudicated as an incapacitated person by a
386	386	court;
387	387	(11) is convicted of an offense indicating that the
388	388	music therapist's continued practice of music therapy is
389	389	detrimental to the best interests of the public or profession,
390	390	including an offense that constitutes a violation of any applicable
391	391	ethical rule of the profession; or
392	392	(12) has had a music therapy license suspended or
393	393	revoked by another jurisdiction.
394	394	SECTION 5. As soon as practicable after the effective date
395	395	of this Act, the presiding officer of the Texas Commission of
396	396	Licensing and Regulation shall appoint seven members to the Music
397	397	Therapist Advisory Board in accordance with Chapter 456,
398	398	Occupations Code, as added by this Act. In making the initial
399	399	appointments, the presiding officer of the commission shall
400	400	designate two members for terms expiring February 1, 2027, two
401	401	members for terms expiring February 1, 2029, and three members for
402	402	terms expiring February 1, 2031.
403	403	SECTION 6. Not later than April 1, 2026, the Texas
404	404	Commission of Licensing and Regulation shall adopt the rules,
405	405	procedures, and fees necessary to administer Chapter 456,
406	406	Occupations Code, as added by this Act.
407	407	SECTION 7. Notwithstanding Chapter 456, Occupations Code,
408	408	as added by this Act, a music therapist is not required to hold a
409	409	license under that chapter to practice as a licensed music
410	410	therapist in this state before September 1, 2026.
411	411	SECTION 8. (a) Except as provided by Subsection (b) of this
412	412	section, this Act takes effect September 1, 2025.
413	413	(b) Section 456.151 and Subchapter F, Chapter 456,
414	414	Occupations Code, as added by this Act, take effect September 1,
415	415	2026.