Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1054 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1054
5	5	February 2, 2024 - Introduced by Representatives DITTRICH, DUCHOW and SUBECK.
6	6	Referred to Committee on Regulatory Licensing Reform.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to repeal 440.03 (14) (a) 1. b. and 440.03 (14) (b); to renumber 440.01
9	9	(2) (cv); to renumber and amend 440.03 (14) (a) 1. (intro.), a. and c., 440.03
10	10	(14) (a) 2., 440.03 (14) (a) 3., 440.03 (14) (am), 440.03 (14) (c), 440.03 (14) (d),
11	11	440.03 (14) (e) and 440.03 (14) (f); to amend 457.02 (6) (b) 1.; and to create
12	12	15.407 (3m), subchapter X of chapter 440 [precedes 440.960], 440.968 (title) and
13	13	(2) and 440.9685 of the statutes; relating to: music therapists, the practice of
14	14	music therapy, granting rule-making authority, and providing a penalty.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law provides for the registration of music therapists by the
17	17	Department of Safety and Professional Services, as well as dance and art therapists.
18	18	This bill does all of the following with respect to the practice of music therapy and
19	19	music therapists:
20	20	1. The bill eliminates the music therapist registration credential in favor of a
21	21	music therapist license. The bill specifically requires proof of current board
22	22	certification as a music therapist by the Certification Board for Music Therapists as
23	23	a license qualification and also requires a bachelor's degree or higher in music
24	24	therapy, or its equivalent.
25	25	2. The bill defines the practice of music therapy and prohibits the practice of
26	26	music therapy, or the use of music therapist titles, without a music therapy license.
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36	36	3. The bill establishes a number of practice requirements and prohibitions for
37	37	music therapists, including ones that address the involvement of health care
38	38	professionals.
39	39	4. The bill creates a Music Therapy Examining Council to advise DSPS on the
40	40	regulation of music therapists.
41	41	5. Current law allows DSPS to grant an additional license to practice
42	42	psychotherapy to an individual registered as a music, dance, or art therapist. The
43	43	bill, which does not include the practice of psychotherapy within the defined scope
44	44	practice for music therapy, eliminates the ability for music therapists to obtain this
45	45	separate psychotherapy license.
46	46	The bill also raises the criminal penalty provision for music, art, or dance
47	47	therapists from $200 or imprisonment for not more than six months to $10,000 or
48	48	imprisonment for not more than nine months. The bill otherwise does not affect the
49	49	current law provisions regarding registration as a dance or art therapist.
50	50	Because this bill creates a new crime or revises a penalty for an existing crime,
51	51	the Joint Review Committee on Criminal Penalties may be requested to prepare a
52	52	report.
53	53	For further information see the state fiscal estimate, which will be printed as
54	54	an appendix to this bill.
55	55	The people of the state of Wisconsin, represented in senate and assembly, do
56	56	enact as follows:
57	57	SECTION 1. 15.407 (3m) of the statutes is created to read:
58	58	15.407 (3m) MUSIC THERAPY EXAMINING COUNCIL. There is created a music
59	59	therapy examining council in the department of safety and professional services and
60	60	serving the department in an advisory capacity in the formulating of rules to be
61	61	promulgated by the department for the regulation of music therapists. The music
62	62	therapy examining council shall consist of 2 licensed music therapists and one public
63	63	member appointed by the governor. The members of the examining council shall
64	64	serve 3-year terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the music
65	65	therapy examining council, except that members of the examining council may serve
66	66	more than 2 consecutive terms.
67	67	SECTION 2. 440.01 (2) (cv) of the statutes is renumbered 440.960 (8).
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81	81	SECTION 3
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83	83	SECTION 3. 440.03 (14) (a) 1. (intro.), a. and c. of the statutes are renumbered
84	84	440.962 (1) (intro.), (a) and (c) and amended to read:
85	85	440.962 (1) (intro.) The department shall grant a certificate of registration as
86	86	a music therapist license to a person if all of the following apply:
87	87	(a) The person is certified, registered, or accredited provides proof of passing
88	88	the examination for board certification offered by the Certification Board for Music
89	89	Therapists or any successor organization, or of having been transitioned into board
90	90	certification, and holds current board certification as a music therapist by the
91	91	Certification Board for Music Therapists, National Music Therapy Registry,
92	92	American Music Therapy Association or by another national or a successor
93	93	organization that certifies, registers, or accredits music therapists.
94	94	(c) The person pays the initial credential fee determined by the department
95	95	under s. 440.03 (9) (a) and files with the department evidence satisfactory to the
96	96	department that he or she is certified, registered, or accredited as required under
97	97	subd. 1. a. par. (a).
98	98	SECTION 4. 440.03 (14) (a) 1. b. of the statutes is repealed.
99	99	SECTION 5. 440.03 (14) (a) 2. of the statutes is renumbered 440.963 (1), and
100	100	440.963 (1) (a) to (c), as renumbered, are amended to read:
101	101	440.963 (1) (a) The person is certified, registered, or accredited as an art
102	102	therapist by the Art Therapy Credentials Board or by another national organization
103	103	that certifies, registers, or accredits art therapists.
104	104	(b) The organization that certified, registered, or accredited the person under
105	105	subd. 2. a. par. (a) is approved by the department.
106	106	(c) The person pays the initial credential fee determined by the department
107	107	under s. 440.03 (9) (a) and files with the department evidence satisfactory to the
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134	134	SECTION 5 ASSEMBLY BILL 1054
135	135	department that he or she is certified, registered, or accredited as required under
136	136	subd. 2. a. par. (a).
137	137	SECTION 6. 440.03 (14) (a) 3. of the statutes is renumbered 440.964 (1), and
138	138	440.964 (1) (a) to (c), as renumbered, are amended to read:
139	139	440.964 (1) (a) The person is certified, registered, or accredited as a dance
140	140	therapist by the American Dance Therapy Association or by another national
141	141	organization that certifies, registers, or accredits dance therapists.
142	142	(b) The organization that certified, registered, or accredited the person under
143	143	subd. 3. a. par. (a) is approved by the department.
144	144	(c) The person pays the initial credential fee determined by the department
145	145	under s. 440.03 (9) (a) and files with the department evidence satisfactory to the
146	146	department that he or she is certified, registered, or accredited as required under
147	147	subd. 3. a. par. (a).
148	148	SECTION 7. 440.03 (14) (am) of the statutes, as affected by 2023 Wisconsin Act
149	149	55, is renumbered 440.966 and amended to read:
150	150	440.966 Psychotherapy license. The department may promulgate rules
151	151	that establish requirements for granting a license to practice psychotherapy to a
152	152	person who is registered under par. (a) as an art therapist or dance therapist under
153	153	this chapter. Rules promulgated under this paragraph section shall establish
154	154	requirements for obtaining such a license that are comparable to the requirements
155	155	for obtaining a clinical social worker, marriage and family therapist, or professional
156	156	counselor license under subch. I of ch. 457. If the department promulgates rules
157	157	under this paragraph section, the department shall grant a license under this
158	158	paragraph section to a person registered under par. (a) s. 440.963 or 440.964 who
159	159	pays the initial credential fee determined by the department under s. 440.03 (9) (a)
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187	187	SECTION 7
188	188	ASSEMBLY BILL 1054
189	189	and provides evidence satisfactory to the department that he or she satisfies the
190	190	requirements established in the rules.
191	191	SECTION 8. 440.03 (14) (b) of the statutes is repealed.
192	192	SECTION 9. 440.03 (14) (c) of the statutes is renumbered 440.965 (1) and
193	193	amended to read:
194	194	440.965 (1) The renewal dates for certificates credentials granted under par.
195	195	(a) and licenses granted under par. (am) this subchapter are specified in s. 440.08 (2)
196	196	(a).
197	197	(2) (a) Renewal applications shall be submitted to the department on a form
198	198	provided by the department and shall include the renewal fee determined by the
199	199	department under s. 440.03 (9) (a) and.
200	200	(b) For renewal of a license granted under s. 440.962 or a certificate granted
201	201	under s. 440.963 or 440.964, the renewal application shall include evidence
202	202	satisfactory to the department that the person's certification, registration, or
203	203	accreditation specified in par. (a) 1. a., 2. a., or 3. a. s. 440.962 (1) (a), 440.963 (1) (a),
204	204	or 440.964 (1) (a) is current and has not been revoked.
205	205	SECTION 10. 440.03 (14) (d) of the statutes is renumbered 440.968 (1) and
206	206	amended to read:
207	207	440.968 (1) The department shall promulgate rules that specify the services
208	208	within the scope of practice of music, art, or dance therapy that a person who is
209	209	registered under par. (a) s. 440.963 or 440.964 is qualified to perform. The rules may
210	210	not allow a person registered under par. (a) s. 440.963 or 440.964 to perform
211	211	psychotherapy unless the person is granted a license under the rules promulgated
212	212	under par. (am) s. 440.966.
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238	238	SECTION 11 ASSEMBLY BILL 1054
239	239	SECTION 11. 440.03 (14) (e) of the statutes is renumbered 440.967 (1) and
240	240	amended to read:
241	241	440.967 (1) Subject to the rules promulgated under sub. (1) s. 440.03 (1), the
242	242	department may make investigations and conduct hearings to determine whether a
243	243	violation of this subsection subchapter or any rule promulgated under par. (d) this
244	244	subchapter has occurred and may reprimand a person who is licensed or registered
245	245	under par. (a) or holds a license granted under the rules promulgated under par. (am)
246	246	this subchapter or may deny, limit, suspend, or revoke a license or certificate of
247	247	registration granted under par. (a) or a license granted under the rules promulgated
248	248	under par. (am) this subchapter if the department finds that the applicant or
249	249	certificate or license holder has violated this subsection subchapter or any rule
250	250	promulgated under par. (d) this subchapter.
251	251	SECTION 12. 440.03 (14) (f) of the statutes is renumbered 440.969 and amended
252	252	to read:
253	253	440.969 Penalty. A person who is registered under par. (a) or holds a license
254	254	granted under the rules promulgated under par. (am) who violates this subsection
255	255	subchapter or any rule promulgated under par. (d) this subchapter may be fined not
256	256	more than $200 $10,000 or imprisoned for not more than 6 9 months or both.
257	257	SECTION 13. Subchapter X of chapter 440 [precedes 440.960] of the statutes is
258	258	created to read:
259	259	CHAPTER 440
260	260	SUBCHAPTER X
261	261	MUSIC, ART, AND DANCE THERAPY
262	262	440.960 Definitions. In this subchapter:
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289	289	SECTION 13
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291	291	(4) “Music therapist” means a person licensed as a music therapist under this
292	292	subchapter.
293	293	(5) (a) 1. “Music therapy” means, subject to par. (b), the clinical and
294	294	evidence-based use of music interventions to accomplish individualized goals for
295	295	persons of all ages and ability levels within a therapeutic relationship by a
296	296	board-certified music therapist.
297	297	2. “Music therapy” includes, subject to par. (b), all of the following:
298	298	a. Accepting referrals for music therapy services from medical, developmental,
299	299	mental health, or education professionals; family members; clients; caregivers; or
300	300	others involved and authorized with provision of client services.
301	301	b. Conducting a music therapy assessment of a client to determine if treatment
302	302	is indicated. If treatment is indicated, “music therapy” includes collecting
303	303	systematic, comprehensive, and accurate information to determine the
304	304	appropriateness and type of music therapy services to provide for the client.
305	305	c. Developing an individualized music therapy treatment plan for the client
306	306	that is based on the results of the music therapy assessment and that is consistent
307	307	with any other developmental, rehabilitative, habilitative, medical, mental health,
308	308	preventive, wellness care, or educational services being provided to the client.
309	309	d. Evaluating the client's response to music therapy and the individualized
310	310	music therapy treatment plan, documenting change and progress, and suggesting
311	311	modifications, as appropriate.
312	312	e. Developing a plan for determining when the provision of music therapy
313	313	services is no longer needed in collaboration with the client, physician, or other
314	314	provider of health care or education for the client, family members of the client, and
315	315	any other appropriate person upon whom the client relies for support.
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342	342	SECTION 13 ASSEMBLY BILL 1054
343	343	(b) “Music therapy” does not include the screening, diagnosis, or assessment
344	344	of any physical, mental, or communication disorder, except to the extent permitted
345	345	by a license to practice psychotherapy granted under s. 440.966.
346	346	440.961 License required. (1) (a) Except as provided in par. (b), no person
347	347	may engage in the practice of music therapy, or attempt to do so or make a
348	348	representation as authorized to do so, without a license issued by the department
349	349	under this subchapter.
350	350	(b) No license is required under this subchapter for any of the following,
351	351	provided that the person does not violate sub. (2):
352	352	1. A person lawfully practicing within the scope of a license, permit,
353	353	registration, certificate, or certification granted by this state, including the use of
354	354	music incidental to the person's practice.
355	355	2. A person whose training and national certification attests to the person's
356	356	preparation and ability to practice his or her certified profession or occupation.
357	357	3. A person practicing music therapy as an integral part of a program of study
358	358	for students enrolled in a music therapy program within an accredited college or
359	359	university.
360	360	4. A person who practices music therapy under the supervision of a music
361	361	therapist.
362	362	(2) No person may use the title “music therapist," “licensed professional music
363	363	therapist,” or any similar title, append to the person's name the letters “LPMT,” or
364	364	state or imply that he or she is licensed to practice music therapy without a license
365	365	issued by the department under this subchapter.
366	366	440.962 Licensure of music therapists. (1) (d) The person does not have
367	367	an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335.
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395	395	SECTION 13
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397	397	(e) The person holds a bachelor's degree or higher in music therapy, or its
398	398	equivalent, including clinical training hours, from a music therapy program within
399	399	an accredited college or university.
400	400	(1m) Notwithstanding sub. (1), a person who, on the effective date of this
401	401	subsection .... [LRB inserts date], was registered by the department as a music
402	402	therapist under s. 440.03 (14) (a) 1., 2021 stats., and provides proof of current board
403	403	certification as a music therapist by the Certification Board for Music Therapists
404	404	shall be considered to have been licensed under sub. (1) for purposes of this
405	405	subchapter.
406	406	(2) A person who is licensed under sub. (1) shall notify the department in
407	407	writing within 30 days if an organization specified in sub. (1) (a) revokes the person's
408	408	board certification specified in sub. (1) (a).
409	409	440.963 Registration of art therapists. (2) A person who is registered
410	410	under sub. (1) shall notify the department in writing within 30 days if an
411	411	organization specified in sub. (1) (a) revokes the person's certification, registration,
412	412	or accreditation specified in sub. (1) (a).
413	413	440.964 Registration of dance therapists. (2) A person who is registered
414	414	under sub. (1) shall notify the department in writing within 30 days if an
415	415	organization specified in sub. (1) (a) revokes the person's certification, registration,
416	416	or accreditation specified in sub. (1) (a).
417	417	440.965 (title) Renewal.
418	418	440.966 Practice. (1) In this section:
419	419	(a) “Audiologist” has the meaning given in s. 459.20 (1).
420	420	(b) “Clinical social worker" has the meaning given in s. 457.01 (1r).
421	421	(d) “Speech-language pathologist" has the meaning given in s. 459.20 (4).
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448	448	SECTION 13 ASSEMBLY BILL 1054
449	449	(2) Before a music therapist provides music therapy services to a client for an
450	450	identified clinical or developmental need, the music therapist shall review the
451	451	client's diagnosis, treatment needs, and treatment plan with the health care
452	452	providers involved in the client's care.
453	453	(3) Before a music therapist provides music therapy services to a student for
454	454	an identified educational need in a special education setting, the music therapist
455	455	shall review with the student's individualized education program team the student's
456	456	individualized family service plan or individualized education plan, including the
457	457	student's diagnosis, treatment needs, and treatment plan.
458	458	(4) During the provision of music therapy services to a client, a music therapist
459	459	shall collaborate, as applicable, with the client's treatment team, including the
460	460	client's physician, psychologist, clinical social worker, or other mental health
461	461	professional. During the provision of music therapy services to a client with a
462	462	communication disorder, a music therapist shall collaborate and discuss the client's
463	463	music therapy treatment plan with the client's audiologist or speech-language
464	464	pathologist so that a music therapist may work with the client and address
465	465	communication skills.
466	466	(5) (a) When providing educational or health care services, a music therapist
467	467	may not replace the services provided by an audiologist or a speech-language
468	468	pathologist. Unless authorized to practice speech-language pathology under ch. 459,
469	469	a music therapist may not evaluate, examine, instruct, or counsel on speech,
470	470	language, communication, or swallowing disorders or conditions.
471	471	(b) 1. A music therapist may not represent to the public that the individual is
472	472	authorized to treat a communication disorder.
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499	499	SECTION 13
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501	501	2. Subdivision 1. does not prohibit a music therapist from representing to the
502	502	public that he or she may work with clients who have a communication disorder and
503	503	address communication skills.
504	504	440.967 Disciplinary actions. (2) (a) The department shall revoke a license
505	505	granted under s. 440.962 if an organization specified in s. 440.962 (1) (a) revokes the
506	506	licensee's certification specified in s. 440.962 (1) (a).
507	507	(b) The department shall revoke a certificate of registration granted under s.
508	508	440.963 or 440.964 if an organization specified in s. 440.963 (1) (a) or 440.964 (1) (a)
509	509	revokes the registration holder's certification, registration, or accreditation specified
510	510	in s. 440.963 (1) (a) or 440.964 (1) (a).
511	511	(3) If the department revokes a person's license granted under s. 440.962 or
512	512	certificate of registration granted under s. 440.963 (1) (a) or 440.964 (1) (a) and the
513	513	person also holds a license granted under s. 440.966, the department shall also
514	514	revoke that license.
515	515	SECTION 14. 440.968 (title) and (2) of the statutes are created to read:
516	516	440.968 (title) Rules.
517	517	(2) The department may, with the advice of the music therapy examining
518	518	council, promulgate any rules governing music therapists and the practice of music
519	519	therapy that are necessary to implement this chapter.
520	520	SECTION 15. 440.9685 of the statutes is created to read:
521	521	440.9685 Music therapy examining council. The music therapy examining
522	522	council shall guide, advise, and make recommendations to the department regarding
523	523	the licensure of music therapists, the practice of music therapy, and the
524	524	promulgation of rules under s. 440.968 (2).
525	525	SECTION 16. 457.02 (6) (b) 1. of the statutes is amended to read:
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550	550	25 - 12 -2023 - 2024 Legislature LRB-2641/1
551	551	MED:skw
552	552	SECTION 16 ASSEMBLY BILL 1054
553	553	457.02 (6) (b) 1. The person is registered as a music, an art, or dance therapist
554	554	under s. 440.03 (14) (a) 440.963 or 440.964 and the person holds a valid license
555	555	granted by the department under s. 440.03 (14) (am) 440.966.
556	556	(END)
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