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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of music therapists; |
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requiring an occupational license; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.2031(a), Occupations Code, is amended |
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to read as follows: |
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(a) This section applies only to the regulation of the |
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following professions by the department: |
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(1) athletic trainers; |
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(2) behavior analysts; |
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(3) dietitians; |
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(4) hearing instrument fitters and dispensers; |
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(5) midwives; |
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(6) music therapists; |
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(7) orthotists and prosthetists; and |
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(8) [(7)] speech-language pathologists and |
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audiologists. |
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SECTION 2. Section 51.254(b), Occupations Code, is amended |
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to read as follows: |
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(b) This section applies to health-related professions |
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regulated by this state the administration of which is assigned to |
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the department by law, including the following professions: |
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(1) athletic trainers regulated under Chapter 451; |
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(2) behavior analysts regulated under Chapter 506; |
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(3) dietitians regulated under Chapter 701; |
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(4) dyslexia practitioners and dyslexia therapists |
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regulated under Chapter 403; |
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(5) hearing instrument fitters and dispensers |
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regulated under Chapter 402; |
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(6) massage therapists regulated under Chapter 455; |
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(7) midwives regulated under Chapter 203; |
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(8) music therapists regulated under Chapter 456; |
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(9) orthotists and prosthetists regulated under |
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Chapter 605; |
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(10) [(9)] podiatrists regulated under Chapter 202; |
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and |
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(11) [(10)] speech-language pathologists and |
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audiologists regulated under Chapter 401. |
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SECTION 3. Subtitle H, Title 3, Occupations Code, is |
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amended by adding Chapter 456 to read as follows: |
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CHAPTER 456. MUSIC THERAPISTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 456.001. SHORT TITLE. This chapter may be cited as the |
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Music Therapist Licensing Act. |
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Sec. 456.002. DEFINITIONS. In this chapter: |
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(1) "Advisory board" means the Music Therapist |
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Advisory Board created under Subchapter B. |
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(2) "Certifying entity" means the nationally |
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accredited Certification Board for Music Therapists or another |
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entity that is accredited by the National Commission for Certifying |
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Agencies or the American National Standards Institute to issue |
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credentials in the professional practice of music therapy and |
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approved by the department. |
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(3) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(4) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(5) "Executive director" means the executive director |
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of the department. |
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(6) "Music therapist" means a person who holds a music |
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therapist license issued by the department under this chapter. |
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(7) "Music therapy" means the clinical and |
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evidence-based use of music interventions by a person for a client |
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who is in a therapeutic relationship with the person to assist the |
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client in accomplishing particular goals. The music interventions |
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may include music improvisation, receptive music listening, |
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songwriting, lyric discussion, music and imagery, singing, music |
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performance, learning through music, music combined with other |
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arts, music-assisted relaxation, music-based patient education, |
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electronic music technology, adapted music intervention, and |
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movement to music. The practice of music therapy does not include |
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the diagnosis or assessment of or screening for any physical, |
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mental, or communication disorder. The term includes: |
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(A) accepting referrals for music therapy |
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services from medical, developmental, mental health, or education |
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professionals, family members, clients, caregivers, or any other |
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person involved with the provision of music therapy services; |
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(B) conducting an assessment of a client to |
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determine whether music therapy is recommended or necessary for the |
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client, including the collection of information to determine the |
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recommended or necessary manner of music therapy services; |
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(C) developing an individualized music therapy |
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treatment plan based on an assessment described by Paragraph (B), |
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including specific goals for the client, specific methods to be |
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used to achieve the goals, and a plan to ensure that the client |
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receives music therapy in the least restrictive environment; |
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(D) implementing an individualized music therapy |
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treatment plan that is consistent with any other medical, |
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|
developmental, mental health, educational, preventative, or |
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wellness services being provided to a client; |
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(E) evaluating a client's response to a music |
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therapy treatment plan, documenting progress, and recommending |
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|
changes, including terminating treatment, as appropriate; |
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(F) collaborating with any appropriate person |
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with regard to a client receiving music therapy services, including |
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the client's caretakers or family, to ensure that the music therapy |
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services are appropriate; and |
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(G) researching and applying best practices as |
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applicable to each clinical setting. |
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Sec. 456.003. APPLICABILITY. (a) This chapter does not |
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apply to: |
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(1) a person certified, or otherwise accredited, to |
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practice an occupation and who uses music within the scope of that |
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accreditation and within the scope of the person's training, |
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|
education, and competence, including a licensed health care worker |
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|
or other professional acting within the scope of the person's |
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license; |
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(2) a student who is performing activities under the |
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supervision of a license holder as part of a degree program |
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described by Section 456.153(2); |
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(3) a person employed: |
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(A) in the service of the federal government |
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while performing duties related to that employment; or |
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(B) by a music therapist and who provides music |
|
|
therapy services under the direct supervision of the music |
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|
therapist; |
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(4) a family member or guardian of a recipient of music |
|
|
therapy services who is implementing a treatment plan for the |
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|
recipient under the extended authority and direction of a licensed |
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|
music therapist; or |
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(5) a music therapist licensed in another jurisdiction |
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or certified by the certifying entity if the activities and |
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services conducted in this state: |
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(A) are within the music therapist's customary |
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|
area of practice; |
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(B) are conducted not more than 20 days in a |
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calendar year; and |
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(C) are not otherwise in violation of this |
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chapter. |
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(b) A person described by Subsection (a)(3)(B) may not |
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represent that the person is a music therapist. |
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(c) A music therapist described by Subsection (a)(5) shall |
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inform the recipient of music therapy services, or a parent or |
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|
guardian of the recipient if the recipient is under 18 years of age, |
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that: |
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(1) the music therapist is not licensed in this state; |
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and |
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(2) the activities and services provided by the music |
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therapist are time-limited. |
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SUBCHAPTER B. MUSIC THERAPIST ADVISORY BOARD |
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Sec. 456.051. ADVISORY BOARD MEMBERSHIP. (a) The advisory |
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board is composed of seven members appointed by the presiding |
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officer of the commission with the approval of the commission as |
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|
follows: |
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(1) four licensed music therapists; |
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(2) one physician or other health professional who is |
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authorized to refer patients or clients to receive music therapy |
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services; and |
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(3) two members who represent the public and who are |
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|
either former recipients of music therapy services or the parent or |
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|
guardian of a current or former recipient of music therapy |
|
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services. |
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(a-1) Notwithstanding Subsection (a)(1), a person is |
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|
eligible for appointment to the advisory board as a licensed music |
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therapist member if the person is certified as a music therapist by |
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the certifying entity, regardless of whether the person is licensed |
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under this chapter. This subsection expires January 31, 2027. |
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(b) Appointments to the advisory board shall be made without |
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|
regard to the race, color, disability, sex, religion, age, or |
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national origin of the appointee. |
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(c) Chapter 2110, Government Code, does not apply to the |
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|
duration of the advisory board. |
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Sec. 456.052. DUTIES OF ADVISORY BOARD. The advisory board |
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|
may advise the commission and department on: |
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(1) technical matters relevant to the administration |
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of this chapter; |
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(2) standards of performance and work practices for |
|
|
music therapy; |
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(3) eligibility for the issuance or renewal of a |
|
|
license under this chapter, including any training or continuing |
|
|
education; |
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(4) the content of any examinations required for a |
|
|
license under this chapter; and |
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|
(5) any other issue affecting music therapy. |
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Sec. 456.053. TERMS; VACANCY. (a) Members of the advisory |
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|
board serve staggered six-year terms, with the terms of two or three |
|
|
members expiring February 1 of each odd-numbered year. |
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|
(b) If a vacancy occurs during a member's term, the |
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|
presiding officer of the commission, with the commission's |
|
|
approval, shall appoint a replacement who meets the qualifications |
|
|
for the vacant position to serve for the remainder of the term. |
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Sec. 456.054. PRESIDING OFFICER. The presiding officer of |
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|
the commission shall designate a member of the advisory board to |
|
|
serve as the presiding officer of the advisory board for a term of |
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one year. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 456.101. GENERAL POWERS AND DUTIES. (a) The |
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|
commission shall: |
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(1) adopt rules consistent with this chapter for the |
|
|
administration and enforcement of this chapter; and |
|
|
(2) establish standards of ethical practice and adopt |
|
|
and publish a code of ethics. |
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|
(b) The department shall: |
|
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(1) administer and enforce this chapter; |
|
|
(2) evaluate the qualifications of license |
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|
applicants; |
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|
(3) provide for the examination of license applicants; |
|
|
(4) issue licenses; |
|
|
(5) in connection with a hearing under this chapter, |
|
|
issue subpoenas, examine witnesses, and administer oaths under the |
|
|
laws of this state; and |
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|
(6) investigate persons engaging in practices that |
|
|
violate this chapter. |
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|
(c) The commission or executive director may deny, revoke, |
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|
or suspend a license or may otherwise discipline a license holder in |
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|
accordance with Section 51.353. |
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Sec. 456.102. FEES. The commission shall set fees in |
|
|
amounts that are reasonable and necessary to cover the costs of |
|
|
administering and enforcing this chapter. |
|
|
SUBCHAPTER D. LICENSE REQUIREMENTS |
|
|
Sec. 456.151. LICENSE REQUIRED. (a) Except as provided by |
|
|
Section 456.003, a person may not practice music therapy unless the |
|
|
person holds a license issued under this chapter. |
|
|
(b) Unless the person holds a license issued under this |
|
|
chapter, a person may not use in connection with the person's name, |
|
|
including in advertisements: |
|
|
(1) the title "licensed professional music |
|
|
therapist"; or |
|
|
(2) any other designation that would imply that the |
|
|
person is a music therapist. |
|
|
Sec. 456.152. LICENSE APPLICATION. Each applicant for a |
|
|
license under this chapter must submit an application and the |
|
|
required fees to the department. The application must include |
|
|
sufficient evidence, as defined by commission rules, that the |
|
|
applicant has successfully completed a state-approved criminal |
|
|
background check. |
|
|
Sec. 456.153. LICENSE ELIGIBILITY. To be eligible for a |
|
|
license, a person must: |
|
|
(1) be at least 18 years of age; |
|
|
(2) hold a bachelor's or graduate degree in music |
|
|
therapy, or an equivalent field of study, from a program approved by |
|
|
the American Music Therapy Association, or a successor |
|
|
organization, within an accredited public or private institution of |
|
|
higher education and that is approved by the department; |
|
|
(3) successfully complete any clinical training hours |
|
|
required as part of a degree program described by Subdivision (2); |
|
|
(4) if applicable, be in good standing with any other |
|
|
jurisdiction from which the applicant holds a music therapy |
|
|
license; |
|
|
(5) pass the examination for board certification |
|
|
offered by the certifying entity or provide proof of being |
|
|
transitioned into board certification by the certifying entity; |
|
|
(6) be certified as a music therapist by the |
|
|
certifying entity; |
|
|
(7) be in compliance with all professional, ethical, |
|
|
and disciplinary standards established by the certifying entity; |
|
|
and |
|
|
(8) not be subject to any disciplinary action by the |
|
|
certifying entity. |
|
|
Sec. 456.154. ISSUANCE OF LICENSE. The department shall |
|
|
issue a music therapist license to a person who meets the |
|
|
requirements of this chapter and rules adopted under this chapter. |
|
|
Sec. 456.155. LICENSE RENEWAL. A music therapist license |
|
|
expires on the second anniversary of the date of issuance. The |
|
|
commission by rule shall provide requirements and procedures for |
|
|
the renewal of a music therapist license, including requiring a |
|
|
license holder to provide proof of the license holder's continuing |
|
|
certification in music therapy by the certifying entity. |
|
|
Sec. 456.156. LICENSE HOLDER INFORMATION. A license holder |
|
|
shall: |
|
|
(1) notify the department of a change of the license |
|
|
holder's residence or business address; and |
|
|
(2) provide the department with the license holder's |
|
|
new address not later than the 30th day after the date the address |
|
|
change occurs. |
|
|
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER |
|
|
Sec. 456.201. REFERRALS REQUIRED FOR CERTAIN SERVICES. (a) |
|
|
A music therapist may provide the following music therapy services |
|
|
without a referral from a health professional: |
|
|
(1) consultation and evaluation; |
|
|
(2) preventative care; |
|
|
(3) wellness care; |
|
|
(4) education; and |
|
|
(5) specialized support. |
|
|
(b) Providing music therapy services for a specific health |
|
|
condition, other than consultation and evaluation, requires a |
|
|
referral from a physician or other health professional acting |
|
|
within the scope of the professional's license. |
|
|
Sec. 456.202. REQUIREMENTS FOR CERTAIN CLIENTS. (a) |
|
|
Before providing music therapy services to a client for a clinical, |
|
|
developmental, or other health-related need diagnosed or otherwise |
|
|
identified by a health care provider, the music therapist must |
|
|
review with the appropriate health care provider involved in |
|
|
providing care for that identified need the client's diagnosis, |
|
|
treatment needs, and treatment plan. |
|
|
(b) During the provision of music therapy services to a |
|
|
client described by Subsection (a), the music therapist shall |
|
|
collaborate with any licensed professional providing care for the |
|
|
identified need, including collaborating with, as applicable, the |
|
|
client's physician, psychologist, social worker, or other mental |
|
|
health professional. |
|
|
(c) Before providing music therapy services to a client for |
|
|
an educational need, the music therapist must, if applicable, |
|
|
review with the individuals who are implementing the client's |
|
|
individualized family service plan or individualized education |
|
|
program the client's diagnosis, treatment needs, and treatment |
|
|
plan. |
|
|
(d) A music therapist providing music therapy services to a |
|
|
client with a communication disorder who is also receiving services |
|
|
from an audiologist or speech-language pathologist: |
|
|
(1) shall collaborate with and disclose the music |
|
|
therapy treatment plan with the client's audiologist or |
|
|
speech-language pathologist, as applicable; and |
|
|
(2) may not provide music therapy services in a manner |
|
|
that replaces the services provided by the audiologist or |
|
|
speech-language pathologist. |
|
|
SUBCHAPTER F. DISCIPLINARY GROUNDS |
|
|
Sec. 456.251. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY |
|
|
ACTION. After a hearing, the commission or executive director may |
|
|
deny a license to an applicant, suspend or revoke a music |
|
|
therapist's license, or place on probation a music therapist if the |
|
|
applicant or music therapist: |
|
|
(1) violates this chapter, a commission rule, or an |
|
|
order of the commission or the executive director; |
|
|
(2) obtains a license by means of fraud, |
|
|
misrepresentation, or concealment of a material fact; |
|
|
(3) sells, barters, or offers to sell or barter a |
|
|
license; |
|
|
(4) engages in unprofessional conduct that: |
|
|
(A) endangers or is likely to endanger the |
|
|
health, welfare, or safety of the public as defined by commission |
|
|
rule; or |
|
|
(B) violates the code of ethics adopted and |
|
|
published by the commission; |
|
|
(5) treats or attempts to treat a client's specific |
|
|
health condition by means other than music therapy; |
|
|
(6) fails to refer a client to a health care provider |
|
|
for treatment if a music therapist recognizes symptoms for which |
|
|
treatment by music therapy is inadvisable or which warrant |
|
|
treatment that is outside the scope of music therapy; |
|
|
(7) is unable to practice music therapy with |
|
|
reasonable skill and safety because of excessive use of alcohol, |
|
|
drugs, narcotics, chemicals, or another substance; |
|
|
(8) is convicted of a felony that directly relates to |
|
|
the duties and responsibilities of a music therapist or that |
|
|
indicates that the person poses a continued threat to public |
|
|
safety; |
|
|
(9) practices music therapy in a grossly negligent |
|
|
manner; |
|
|
(10) is adjudicated as an incapacitated person by a |
|
|
court; |
|
|
(11) is convicted of an offense indicating that the |
|
|
music therapist's continued practice of music therapy is |
|
|
detrimental to the best interests of the public or profession, |
|
|
including an offense that constitutes a violation of any applicable |
|
|
ethical rule of the profession; or |
|
|
(12) has had a music therapy license suspended or |
|
|
revoked by another jurisdiction. |
|
|
SECTION 4. As soon as practicable after the effective date |
|
|
of this Act, the presiding officer of the Texas Commission of |
|
|
Licensing and Regulation shall appoint seven members to the Music |
|
|
Therapist Advisory Board in accordance with Chapter 456, |
|
|
Occupations Code, as added by this Act. In making the initial |
|
|
appointments, the presiding officer of the commission shall |
|
|
designate two members for terms expiring February 1, 2025, two |
|
|
members for terms expiring February 1, 2027, and three members for |
|
|
terms expiring February 1, 2029. |
|
|
SECTION 5. Not later than April 1, 2024, the Texas |
|
|
Commission of Licensing and Regulation shall adopt the rules, |
|
|
procedures, and fees necessary to administer Chapter 456, |
|
|
Occupations Code, as added by this Act. |
|
|
SECTION 6. Notwithstanding Chapter 456, Occupations Code, |
|
|
as added by this Act, a music therapist is not required to hold a |
|
|
license under that chapter to practice as a licensed music |
|
|
therapist in this state before September 1, 2024. |
|
|
SECTION 7. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2023. |
|
|
(b) Section 456.151 and Subchapter F, Chapter 456, |
|
|
Occupations Code, as added by this Act, take effect September 1, |
|
|
2024. |