87R6351 JCG-D
  By: A. Johnson of Harris H.B. No. 2473
  relating to the licensing and regulation of music therapists;
  requiring an occupational license; authorizing fees.
         SECTION 1.  Subtitle H, Title 3, Occupations Code, is
  amended by adding Chapter 456 to read as follows:
         Sec. 456.001.  DEFINITIONS. In this chapter:
               (1)  "Advisory committee" means the advisory committee
  created under Subchapter B.
               (2)  "Board" means the Texas Medical Board.
               (3)  "Music therapist" means a person who holds a music
  therapist license issued by the board under this chapter.
               (4)  "Music therapy" means the clinical and
  evidence-based use of music interventions by a person for an
  individual who is in a therapeutic relationship with the person to
  assist the individual in accomplishing particular goals. The music
  interventions may include music improvisation, receptive music
  listening, songwriting, lyric discussion, music and imagery,
  singing, music performance, learning through music, music combined
  with other arts, music-assisted relaxation, music-based patient
  education, electronic music technology, adapted music
  intervention, and movement to music. The practice of music therapy
  does not include the diagnosis or assessment of any physical,
  mental, or communication disorder.  The term includes:
                     (A)  accepting referrals for music therapy
  services from health professionals and collaborating as necessary
  with a referring health professional on a treatment plan to provide
  music therapy addressing the individual's clinical or
  developmental needs;
                     (B)  conducting an assessment of an individual to
  determine whether music therapy is recommended or necessary for the
  individual, including the collection of information to determine
  the recommended or necessary manner of music therapy services;
                     (C)  developing an individualized music therapy
  treatment plan based on an assessment described by Paragraph (B),
  including specific goals for the individual, specific methods to be
  used to achieve the goals, and a plan to ensure that the individual
  receives music therapy in the least restrictive environment;
                     (D)  implementing a treatment plan that is
  consistent with any other health or educational service being
  provided to an individual;
                     (E)  evaluating an individual's response to a
  music therapy treatment plan, documenting progress, and
  recommending changes, including terminating treatment, as
                     (F)  collaborating with any appropriate person
  with regard to an individual receiving music therapy services,
  including the individual's caretakers or family, to ensure that the
  music therapy services are appropriate; and
                     (G)  researching and applying best practices as
  applicable to each clinical setting.
         Sec. 456.002.  APPLICABILITY. (a) A person is not required
  to hold a license under this chapter if the person is:
               (1)  a person whose training and certification, or
  other accreditation, in a particular occupation attests to the
  person's ability to practice that occupation and who acts within
  the scope of that occupation, including a licensed health care
  worker or other professional acting within the scope of the
  person's license;
               (2)  a student who is performing activities under the
  supervision of a license holder as part of a degree program
  described by Section 456.153(2); or
               (3)  a person employed in the service of the federal
  government while performing duties related to that employment.
         (b)  Section 456.151(b) applies to a person described by
  Subsection (a).
         Sec. 456.051.  ADVISORY COMMITTEE. (a) The advisory
  committee is an informal advisory committee to the board and is not
  subject to Chapter 2110, Government Code.
         (b)  The advisory committee does not have independent
  rulemaking authority.
  (a) The advisory committee consists of five members appointed by
  the board as follows:
               (1)  three members, each of whom has been licensed
  under this chapter for at least three years;
               (2)  one member who is a licensed health care provider
  but who is not licensed under this chapter; and
               (3)  one public member.
         (a-1)  Notwithstanding Subsection (a)(1), a person is
  eligible for appointment as a member of the advisory committee
  under Subsection (a)(1) if the person has practiced music therapy
  for the period required under Subsection (a)(1), regardless of
  whether the person has held a music therapy license continuously
  during that period. This subsection expires January 31, 2025.
         (b)  Members of the advisory committee serve staggered
  three-year terms with the terms of one or two members expiring on
  February 1 of each year.
         (c)  Appointments to the advisory committee shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         Sec. 456.053.  MEMBERSHIP RESTRICTIONS. (a) In this
  section, "Texas trade association" means a cooperative and
  voluntarily joined statewide association of business or
  professional competitors in this state designed to assist its
  members and its industry or profession in dealing with mutual
  business or professional problems and in promoting their common
         (b)  A person may not be a member of the advisory committee
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of music
  therapy; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of music
         (c)  A person may not be a member of the advisory committee if
  the person is required to register as a lobbyist under Chapter 305,
  Government Code, because of the person's activities for
  compensation on behalf of a profession related to the field of music
         Sec. 456.054.  VACANCY. If a vacancy occurs during a
  member's term, the board shall appoint a new member to fill the
  unexpired term.
         Sec. 456.055.  COMPENSATION. An advisory committee member
  may not receive compensation for service on the advisory committee.
         Sec. 456.056.  MEETINGS. (a) The advisory committee shall
  meet at least twice every year and at other times as requested by
  the board.
         (b)  A meeting may be held by telephone conference call.
         Sec. 456.057.  DUTIES OF ADVISORY COMMITTEE.  The advisory
  committee shall:
               (1)  advise the board on the practice of music therapy
  and on matters pertaining to licensure and continuing education
  requirements for music therapy under this chapter;
               (2)  facilitate the development of materials to educate
  the public on the practice of music therapy, the licensing of music
  therapists, and the benefits of music therapy as provided in an
  individual setting and in an institutional setting;
               (3)  coordinate the dissemination of information to and
  the exchange of information among music therapists in this state,
  the American Music Therapy Association or any successor
  organization, the Certification Board for Music Therapists or any
  successor organization, and the board;
               (4)  advise and assist the board with any disciplinary
  proceeding instituted under this chapter; and
               (5)  at least annually, provide an analysis to the
  board of disciplinary actions taken by the board under this
  chapter, including appeals, denials, and revocations.
         Sec. 456.101.  GENERAL POWERS AND DUTIES. The board shall:
               (1)  establish qualifications for a music therapist to
  practice in this state;
               (2)  establish requirements for an examination for a
  license to practice as a music therapist;
               (3)  establish minimum education and training
  requirements necessary for a license to practice as a music
               (4)  prescribe the application form for a license to
  practice as a music therapist;
               (5)  develop an approved program of mandatory
  continuing education and the manner in which attendance at approved
  courses, clinics, forums, lectures, programs, and seminars is
  monitored and recorded; and
               (6)  consult with the advisory committee in performing
  the duties described by this section.
         Sec. 456.102.  FEES. The board, in consultation with the
  advisory committee, shall set and collect fees in amounts that are
  reasonable and necessary to cover the costs of administering and
  enforcing this chapter.
         Sec. 456.151.  LICENSE REQUIRED. (a) Except as provided by
  Section 456.002, 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 "music therapist"; or
               (2)  any other designation that would imply that the
  person is a music therapist.
         Sec. 456.152.  LICENSE APPLICATION. An applicant for a
  license must:
               (1)  file a written application with the board on a form
  prescribed by the board; and
               (2)  pay any application fee set by the board.
         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;
               (3)  successfully complete at least 1,200 hours of
  clinical training consisting of at least:
                     (A)  180 hours in pre-internship experiences; and
                     (B)  900 hours in internship experiences;
               (4)  if applicable, be in good standing with any other
  jurisdiction from which the applicant holds a music therapy
  license; and
               (5)  hold a music therapy certification from the
  Certification Board for Music Therapists or any successor
         Sec. 456.154.  RECIPROCAL LICENSE. The board may waive any
  license requirement for an applicant who is licensed in another
  state that has license requirements substantially equivalent to
  those of this state.
         Sec. 456.155.  ISSUANCE AND RENEWAL OF LICENSE. The board
  shall issue a music therapist license to a person who meets the
  requirements of this chapter and rules adopted under this chapter.
         Sec. 456.156.  LICENSE RENEWAL. (a) A music therapist
  license expires on the second anniversary of the date of issuance.
  The board 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 Certification Board for Music
  Therapists or any successor organization.
         (b)  The board by rule may adopt a system under which
  licenses expire on various dates during the year.
         Sec. 456.157.  INACTIVE STATUS.  The board may adopt rules
  and set reasonable fees relating to placing license holders on
  inactive status not to exceed two years from the date the license
  holder is placed on inactive status.
         Sec. 456.158.  LICENSE HOLDER INFORMATION. A license holder
               (1)  notify the board of a change of the license
  holder's residence or business address; and
               (2)  provide the board with the license holder's new
  address not later than the 30th day after the date the address
  change occurs.
  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 person's license.
         Sec. 456.251.  DISCIPLINARY ACTIONS BY BOARD. On a
  determination that an applicant or license holder committed an act
  described by Section 456.252, the board by order may take
  disciplinary action against the applicant or license holder under
  Section 164.001 in the same manner as the board takes disciplinary
  action against a person regulated under Subtitle B, Title 3.
         Sec. 456.252.  GROUNDS FOR DISCIPLINARY ACTION. The board
  may take disciplinary action against an applicant or license holder
               (1)  treating or attempting to treat an individual's
  specific health condition by means other than music therapy;
               (2)  failing to refer a patient 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, as specified
  by the American Music Therapy Association or the Certification
  Board for Music Therapists or any successor organizations;
               (3)  being unable to practice music therapy with
  reasonable skill and safety because of excessive use of alcohol,
  drugs, narcotics, chemicals, or another substance;
               (4)  being 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
               (5)  obtaining or attempting to obtain a music
  therapist license by fraud;
               (6)  practicing music therapy in a grossly negligent
               (7)  being adjudicated as an incapacitated person by a
               (8)  being 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
               (9)  being subject to the suspension or revocation of a
  music therapy license in another jurisdiction.
         SECTION 2.  Not later than February 1, 2022, the Texas
  Medical Board shall:
               (1)  adopt rules necessary to implement Chapter 456,
  Occupations Code, as added by this Act; and
               (2)  appoint the members of the advisory committee
  established under Subchapter B, Chapter 456, Occupations Code, as
  added by this Act.
         SECTION 3.  Not later than March 1, 2022, the Texas Medical
  Board shall begin accepting applications for and issuing music
  therapist licenses under Chapter 456, Occupations Code, as added by
  this Act.
         SECTION 4.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2021.
         (b)  Section 456.151 and Subchapter F, Chapter 456,
  Occupations Code, as added by this Act, take effect September 1,