HBA-DMD H.B. 1643 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1643 By: Chavez Human Services 3/1/1999 Introduced BACKGROUND AND PURPOSE Music therapy has been used in the treatment of mental illness in Texas. However, since there is no state licensing procedure, locating a professional therapist is often difficult and time consuming. H.B. 1643 exempts from the Licensed Professional Counselor Act the activities, services, titles, and descriptions of persons who are certified by the Certification Board for Music Therapists or listed with the National Music Therapy Registry, who perform music therapy service consistent with the law of this state, their training, and code of ethics of their profession, and who do not engage in the use of psychotherapy or use the title of, or hold themselves out to be licensed counselors, unless a person elects to obtain a license under this Act, in which case the person is subject to this Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(a), Article 4512g, V.T.C.S., (Licensed Professional Counselor Act), as follows: (a) Adds Subdivision (9), setting forth that this Act, with the exception of Subsection (b), does not apply to the activities, services, titles, and descriptions of persons certified by the Certification Board for Music Therapists or who are listed with the National Music Therapy Registry; who perform music therapy service consistent with the law of this state, their training, and code of ethics of their profession; and who do not engage in the use of psychotherapy or use the title of or hold themselves out to be licensed counselors. Subsection (b) states that a person otherwise exempt under this section who elects to obtain a license under this Act is subject to this Act to the same extent as any other licensee. Makes conforming changes. SECTION 2.Emergency clause. Effective date: upon passage.