HB2284 - Relating to the licensing and regulation of music therapists; requiring an occupational license; authorizing fees.

  89R4241 GP-D     By: Johnson, Shofner, Lalani H.B. No. 2284       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of music therapists;   requiring an occupational license; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.093(a), Government Code, is amended   to read as follows:          (a)  The Texas Department of Licensing and Regulation is   entitled to obtain criminal history record information as provided   by Subsection (b) that relates to:                (1)  an applicant for or the holder of:                      (A)  a driver education instructor license under   Chapter 1001, Education Code;                      (B)  a license under Chapter 202, Occupations   Code;                      (C)  a license under Chapter 401, Occupations   Code;                      (D)  a license under Chapter 402, Occupations   Code; [ or ]                      (E)   a license under Chapter 456, Occupations   Code; or                       (F)   an instructor license or motorcycle school   license under Chapter 662, Transportation Code;                (2)  a person who is:                      (A)  an applicant for or the holder of a license   under Chapter 91, Labor Code; or                      (B)  a controlling person, as defined by Chapter   91, Labor Code, of an entity described by Paragraph (A); or                (3)  a person who:                      (A)  is an applicant for or the holder of a license   under Chapter 455, Occupations Code; or                      (B)  has an interest described under Section   455.1525(e), Occupations Code, in an entity described by Paragraph   (A).          SECTION 2.  Section 51.2031(a), Occupations Code, is amended   to read as follows:          (a)  This section applies only to the regulation of the   following professions by the department:                (1)  athletic trainers;                (2)  behavior analysts;                (3)  dietitians;                (4)  hearing instrument fitters and dispensers;                (5)  midwives;                (6)   music therapists;                 (7)   orthotists and prosthetists; and                 (8)  [ (7) ]  speech-language pathologists and   audiologists.          SECTION 3.  Section 51.254(b), Occupations Code, is amended   to read as follows:          (b)  This section applies to health-related professions   regulated by this state the administration of which is assigned to   the department by law, including the following professions:                (1)  athletic trainers regulated under Chapter 451;                (2)  behavior analysts regulated under Chapter 506;                (3)  dietitians regulated under Chapter 701;                (4)  dyslexia practitioners and dyslexia therapists   regulated under Chapter 403;                (5)  hearing instrument fitters and dispensers   regulated under Chapter 402;                (6)  massage therapists regulated under Chapter 455;                (7)  midwives regulated under Chapter 203;                (8)   music therapists regulated under Chapter 456;                 (9)   orthotists and prosthetists regulated under   Chapter 605;                 (10)  [ (9) ]  podiatrists regulated under Chapter 202;   and                 (11)  [ (10) ]  speech-language pathologists and   audiologists regulated under Chapter 401.          SECTION 4.  Subtitle H, Title 3, Occupations Code, is   amended by adding Chapter 456 to read as follows:   CHAPTER 456. MUSIC THERAPISTS   SUBCHAPTER A. GENERAL PROVISIONS           Sec.   456.001.     SHORT TITLE.   This chapter may be cited as the   Music Therapist Licensing Act.           Sec. 456.002.  DEFINITIONS. In this chapter:                 (1)     "Advisory board" means the Music Therapist   Advisory Board created under Subchapter B.                 (2)     "Certifying entity" means the nationally   accredited Certification Board for Music Therapists or another   entity that is accredited by the National Commission for Certifying   Agencies or the American National Standards Institute to issue   credentials in the professional practice of music therapy and   approved by the department.                 (3)     "Commission" means the Texas Commission of   Licensing and Regulation.                 (4)     "Department" means the Texas Department of   Licensing and Regulation.                 (5)     "Executive director" means the executive director   of the department.                 (6)     "Music therapist" means a person who holds a music   therapist license issued by the department under this chapter.                 (7)     "Music therapy" means the clinical and   evidence-based use of music interventions by a person for a client   who is in a therapeutic relationship with the person to assist the   client 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 or the screening for any physical,   mental, or communication disorder.   The term includes:                       (A)     accepting referrals for music therapy   services from medical, developmental, mental health, or education   professionals, family members, clients, caregivers, or any other   person involved with the provision of music therapy services;                       (B)     conducting an assessment of a client to   determine whether music therapy is recommended or necessary for the   client, 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 client, specific methods to be   used to achieve the goals, and a plan to ensure that the client   receives music therapy in the least restrictive environment;                       (D)     implementing an individualized music therapy   treatment plan that is consistent with any other medical,   developmental, mental health, educational, preventative, or   wellness services being provided to a client;                       (E)     evaluating a client's response to a music   therapy treatment plan, documenting progress, and recommending   changes, including terminating treatment, as appropriate;                       (F)     collaborating with any appropriate person   with regard to a client receiving music therapy services, including   the client'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.   456.003.     APPLICABILITY. (a) This chapter does not   apply to:                 (1)     a person certified, or otherwise accredited, to   practice an occupation and who uses music within the scope of that   accreditation and within the scope of the person's training,   education, and competence, 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);                 (3)  a person employed:                       (A)     in the service of the federal government   while performing duties related to that employment; or                       (B)     by a music therapist and who provides music   therapy services under the direct supervision of the music   therapist;                 (4)     a family member or guardian of a recipient of music   therapy services who is implementing a treatment plan for the   recipient under the extended authority and direction of a licensed   music therapist; or                 (5)     a music therapist licensed in another jurisdiction   or certified by the certifying entity if the activities and   services conducted in this state:                       (A)     are within the music therapist's customary   area of practice;                       (B)     are conducted not more than 20 days in a   calendar year; and                       (C)     are not otherwise in violation of this   chapter.           (b)   &#xA0 [Text truncated for display. 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