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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on the state certification of music therapists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Advisory council" means the Advisory Council on |
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Music Therapy. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Music therapist" means a person who has completed |
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an approved music therapy program and holds a certification by the |
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Certification Board for Music Therapists to practice music therapy |
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or provide music therapy services to a client for compensation. |
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(4) "Music therapy" means the clinical and |
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evidence-based use of music interventions by a music therapist to |
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accomplish individualized goals for persons who are in a |
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therapeutic relationship with the music therapist. The use of |
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music interventions may include music improvisation, receptive |
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music listening, song writing, lyric discussion, music and imagery, |
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singing, music performance, learning through music, music combined |
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with other arts, music-assisted relaxation, music-based patient |
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education, electronic music technology, adapted music |
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intervention, and movement to music. The practice of music therapy |
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does not include the diagnosis or assessment of any physical, |
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mental, or communication disorder. |
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SECTION 2. ADVISORY COUNCIL ON MUSIC THERAPY. (a) The |
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Advisory Council on Music Therapy is created to conduct a study on |
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the need for state recognition of music therapists. |
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(b) Subject to Subsections (c) and (d) of this section, the |
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advisory council consists of nine members appointed by the governor |
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as follows: |
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(1) two members who are music therapists in this |
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state; |
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(2) one member who is a music therapist in this state |
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and represents an institution of higher education, as defined by |
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Section 61.003, Education Code, that has a music therapy program; |
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(3) one member who is a physician licensed in this |
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state who specializes in critical care; |
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(4) one member who is a social worker or professional |
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counselor licensed in this state; |
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(5) one member who is a special education |
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administrator for a school district; |
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(6) one member who employs one or more music |
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therapists; |
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(7) one member who is a client, or a representative of |
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a client, of a music therapist and has received music therapy |
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services; and |
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(8) one member who is: |
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(A) a speech-language pathologist licensed in |
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this state; |
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(B) a physical therapist licensed in this state; |
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or |
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(C) an occupational therapist licensed in this |
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state. |
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(c) The lieutenant governor and the speaker of the house of |
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representatives shall each submit to the governor a list of |
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candidates who meet the qualifications for appointment under |
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Subsection (b) of this section. The candidates must represent |
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different racial, ethnic, and linguistic backgrounds. |
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(d) Not later than the 90th day after the effective date of |
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this Act, the governor shall appoint the nine members to the |
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advisory council from the list of candidates submitted under |
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Subsection (c) of this section. |
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(e) The members of the advisory council shall designate a |
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member of the advisory council to serve as presiding officer. |
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(f) A member of the advisory council may not receive |
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compensation for service on the advisory council. |
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(g) The department shall provide administrative and staff |
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support for the advisory council. |
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(h) The advisory council shall study the core competencies |
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of a music therapist, including the skills and areas of knowledge |
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that are essential to bringing about expanded health and wellness |
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in diverse communities and reducing health disparities. The core |
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competencies of a music therapist may also include basic knowledge |
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of: |
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(1) materials used to educate the public regarding |
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music therapist certification; |
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(2) the benefits of music therapy; |
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(3) the use of music therapy by individuals and in |
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facilities or institutional settings; |
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(4) culturally competent communication and care; |
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(5) the use of music therapy for behavior change; |
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(6) the resources and support available from the |
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American Music Therapy Association or its successor organization |
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and the Certification Board for Music Therapists or its successor |
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organization; |
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(7) the educational and clinical training |
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requirements for a music therapist; and |
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(8) any continuing education requirements for a music |
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therapist. |
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(i) In conducting the study under Subsection (h) of this |
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section, the advisory council shall consult with the American Music |
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Therapy Association, the Certification Board for Music Therapists, |
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and other experts as needed. |
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SECTION 3. REPORT. (a) Not later than the second |
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anniversary of the date of the advisory council's first meeting, |
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the advisory council shall submit a report to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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the Senate Health and Human Services Committee, the House Public |
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Health Committee, and the House Human Services Committee, or the |
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successor to those committees, and the department. |
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(b) The report must include: |
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(1) a summary of research regarding the best |
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practices, curriculum, and training programs for music therapists |
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and the need for quality and accredited training in providing music |
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interventions related to health, recovery, and wellness; |
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(2) recommendations regarding the need and |
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feasibility of state certification of music therapists, including |
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the impact of state certification on consumer access to music |
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therapy services through state agencies, including the Texas |
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Education Agency and the Health and Human Services Commission; |
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(3) recommendations regarding procedures for the |
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state certification of music therapists, including a system for the |
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renewal of certifications and for the approval and accreditation of |
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curriculum and training programs for music therapists; and |
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(4) recommendations for best practices for |
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third-party reimbursement options and other methods through which |
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secure funding for music therapists may be obtained. |
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(c) The department shall publish the report on the |
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department's Internet website. |
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SECTION 4. EXPIRATION DATE. The advisory council is |
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abolished and this Act expires September 1, 2022. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect September |
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1, 2019. |