This bill creates the professional music therapy advisory committee ("committee") of the board of medical examiners ("board") to protect the public from the practice of music therapy by unqualified persons and unprofessional, unethical, and harmful conduct by music therapy practitioners. Under this bill, "music therapy" means the clinical and evidence-based use of music interventions to accomplish individualized goals for people of all ages and ability levels within a therapeutic relationship by a board-certified music therapist, but does not include the screening, diagnosis, or assessment of a physical, mental, or communication disorder. This bill requires the division of health-related boards in the department of health to provide administrative support to the committee.
COMMITTEE COMPOSITION
This bill requires the committee to consist of five members appointed by the governor after consulting with interested music therapy groups. Committee members must be licensed professional music therapists and actively engaged in the practice or teaching of music therapy in this state at the time of their appointment, except that initial appointments must be board-certified music therapists who are residents of this state and have engaged in the practice of music therapy for no less than five years.
This bill provides that initial appointments are staggered with terms ranging from one year to four years. Thereafter, all terms are four-year terms. In the event of a vacancy, the governor must fill the vacancy for the unexpired term. Each member must serve until a successor is appointed and qualified. Members are eligible for reappointment to the committee following the expiration of their initial terms, but can serve no more than two consecutive four-year terms.
MEMBER REIMBURSEMENT
This bill provides that members serve without compensation, but are entitled to receive necessary travel and other appropriate expenses while engaged in committee business. All reimbursement for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general.
MEETINGS AND ATTENDANCE
This bill requires the committee to meet at least twice a year and to hold additional meetings as determined necessary to carry out its duties. The committee must elect a chair from among its members at the first meeting held each fiscal year. A member who misses more than 50 percent of the scheduled meetings in a calendar year may be removed. The chair must promptly notify, or cause to be notified, the appointing authority of any member who is removed for failing to satisfy the attendance requirement.
This bill provides that actions taken in accordance with this bill are only effective after adoption by a majority vote of the members and after adoption by a majority vote of the members of the board at the next board meeting at which administrative matters are considered following the adoption by the committee.
COMMMITTEE DUTIES
This bill requires the committee to do the following:
(1) Promulgate rules for the implementation of this bill, such as rules providing for the requirements for licensure of professional music therapists, while taking into consideration the standards of ethics and professional conduct of the Code of Ethics of the American Music Therapy Association and Code of Professional ethics of the Certification Board for Music Therapists in effect on January 1, 2024, or a successor organization;
(2) Establish reasonable and necessary fees for licensure and licensure renewal that, in the aggregate, cover the cost of administering this bill;
(3) Maintain in a list of people holding licenses, to be provided to any interested party upon request;
(4) Review issues related to complaints and disciplinary actions involving licensed professional music therapists;
(5) Review the qualifications of licensure applications and issue licenses to individuals who meet the requirements for licensure under this bill;
(6) Establish guidelines and criteria for continuing education for the renewal of licenses; and
(7) Perform additional duties and responsibilities as requested by the board.
This bill authorizes the committee to facilitate the development of materials to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings; and act as a facilitator of state-wide dissemination of information between music therapists, the American Music Therapy Association or a successor organization, the Certification Board for Music Therapists or a successor organization, and the director.
LICENSURE
This bill requires applicants for licensure as a licensed professional music therapist to submit an application and fee to the committee. The application must include evidence that the applicant meets the following requirements for licensure:
(1) The applicant has attained the age of majority;
(2) The applicant is of good moral character and conducts professional activities in accordance with accepted professional and ethical standards;
(3) The applicant has not had a professional credential refused, revoked, suspended, or restricted and does not have a complaint, allegation, or investigation pending in any regulatory jurisdiction in the United States or in another county for unprofessional conduct, unless the committee finds that the conduct has been corrected or that mitigating circumstances exist that prevent resolution;
(4) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, and provides proof that the applicant is currently a board-certified music therapist.
RECIPROCITY
This bill authorizes the committee to grant a license to a person residing or employed in Tennessee who is licensed by a similar entity in another state whose standards are not less stringent than the committee's standards. This bill also authorizes the committee to enter into a reciprocal agreement with another state or jurisdiction that licenses individuals engaged in the practice of professional music therapy, if the committee determines that the other state has substantially similar or more stringent licensing requirements than Tennessee.
RENEWALS
A professional music therapist license issued by the committee is valid for 24 months from the date of issuance. A licensee requesting renewal of a license must provide the following to the committee in advance of the license's expiration date:
(1) A completed application and payment of a fee; and
(2) A certified or sworn statement that the licensee has completed at least 40 hours of continuing education prior to the license's expiration date and has not had a professional credential revoked, suspended, or restricted by the Certification Board for Music Therapists, and does not have a complaint, allegation, or investigation pending in Tennessee or in any regulatory jurisdiction for unethical or unprofessional conduct; and proof of maintenance of the licensee’s status as a board-certified music therapist.
If a licensee fails to submit an application for license renewal and pay the required fee prior to the license's expiration date, then the license is automatically revoked without further notice or hearing, unless renewal is completed and all fees are paid prior to the expiration of 60 days from the license's expiration date. A person whose license is automatically revoked may apply in writing to the committee for reinstatement. Upon the showing of good cause by the person and submitting documentation that all continuing education requirements have been satisfied, the committee may reinstate the license upon the payment of all required fees.
NOTIFICATION OF CHANGES
This bill requires applicants and licensees to notify the committee of the following within 30 days of their occurrence:
(1) A change of name, address, or other vital information;
(2) The filing of criminal charge or civil action against the applicant or licensee;
(3) The initiation of disciplinary charges, investigations, findings, or sanctions by a healthcare organization, federal or state agency, or other professional association against the applicant or licensee; and
(4) Any other change in information provided to the committee.
PROHIBITIONS
A person is prohibited from using the title "licensed professional music therapist" or "licensed music therapist," or using an abbreviation, to indicate or imply that the person is licensed as a professional music therapist in this state unless the person holds a license issued by the committee. However, this provision does not prohibit the following:
(1) A person who is licensed, certified, or regulated under the laws of this state in another profession or occupation from performing work, including the use of music, that is incidental to the practice of the person's licensed, certified, or regulated profession or occupation, if the person does not represent their self as a music therapist;
(2) A person whose training and national certification attests to the individual's preparation and ability to practice their certified profession or occupation, if the person does not represent their self as a music therapist;
(3) A practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, if the student does not represent their self as a music therapist; or
(4) A person who practices music therapy under the supervision of a licensed professional music therapist, if the person does not represent their self as a music therapist.
Additionally, unless authorized to practice speech-language pathology, this bill prohibits a music therapist from evaluating, examining, or providing instruction or counsel on speech, language, communication, and swallowing disorders and conditions. Further, a license must not represent to the public that the individual is authorized to treat a communication disorder. However, this bill does not prohibit a licensee from representing to the public that the licensee is qualified to work with clients with communication disorders and to assist with communication skills.
PRACTICE OF MUSIC THERAPY
This bill provides the following with regard to practicing music therapy:
(1) A licensed professional music therapist may practice independently for and with organizations;
(2) Before providing music therapy services to a client for an identified clinical or developmental need, the licensee must review the client's diagnosis, treatment needs, and treatment plan with the healthcare providers involved in the client's care.
(3) During the provision of music therapy services to a client, the licensee must collaborate, as applicable, with the client's treatment team, including the client's physician, psychologist, licensed clinical social worker, or other mental health professional;
(4) During the provision of music therapy services to a client with a communication disorder, the licensee must collaborate and discuss the music therapy treatment plan with the client's audiologist or speech-language pathologist so that a music therapist may work with the client and address communication skills.
(5) Before providing music therapy services to a student for an identified educational need in a special education setting, the licensee must review the student's diagnosis, treatment needs, and treatment plan with the individualized family service plan or individualized education program team;
(6) When providing educational or healthcare services, a licensee is prohibited from replacing the services provided by an audiologist or a speech-language pathologist.
In addition to other authority granted to licensees in this bill, a licensee may do the following:
(1) Accept referrals for music therapy services from medical, developmental, mental health, or education professionals; family members; clients; caregivers or others involved with and authorized to provide client services;
(2) Conduct a music therapy assessment of a client to determine if treatment is indicated. If treatment is indicated, the licensee collects systematic, comprehensive, and accurate information to determine the appropriateness and type of music therapy services to provide for the client;
(3) Develop an individualized music therapy treatment plan for the client that is based upon the results of the music therapy assessment;
(4) Implement an individualized music therapy treatment plan that is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational services being provided to the client;
(5) Evaluate a client's response to music therapy and the music therapy treatment plan, documenting change and progress, and suggesting modifications as appropriate;
(6) Develop a plan for determining when the provision of music therapy services is no longer needed in collaboration with the client, physician, or other provider of health care or education of the client, family members of the client, and any other appropriate person upon whom the client relies for support;
(7) Minimize barriers to ensure that the client receives music therapy services in the least restrictive environment;
(8) Collaborate with and educate the client and the family, caregiver of the client, or any other appropriate person regarding the needs of the client that are being addressed in music therapy and the manner in which the music therapy treatment addresses those needs; and
(9) Utilize their appropriate knowledge and skills to practice.
REMEDIES
This bill authorizes the committee to deny an application for a license; restrict, suspend, or revoke an existing license; or take other action that the committee deems proper based on the following grounds:
(1) Obtaining or attempting to obtain a license by making a false or misleading statement, failing to make a required statement, or engaging in fraud or deceit in communication to committee;
(2) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, a criminal statute of this state, a provision of this bill, a rule promulgated by the committee, or a lawful order of the committee issued pursuant to rules;
(3) Engaging in gross or repeated negligence, incompetence, misconduct, or malpractice in professional work.
SUNSET REVIEW
The committee comes up for sunset review in 2025, with a termination date of June 30, 2025.
ON APRIL 1, 2024, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 898, AS AMENDED.
AMENDMENT #2 makes the following changes:
(1) Redefines “advisory committee” to mean the professional music therapy advisory committee of the board of examiners in psychology, which is authorized to promulgate emergency rules under this bill;
(2) Makes “board” refer to the board of examiners in psychology, rather than the board of medical examiners;
(3) Removes the term “licensed professional music therapist” and substitutes the term “certified professional music therapist,” which means a person certified to practice music therapy under this bill;
(4) Requires that all initial appointees to the advisory committee to become certified therapists no later than July 1, 2024, in order to continue to serve as members of the committee. In addition, any action taken by the advisory committee must be approved by the board;
(5) Requires that the applicant for certification must provide proof of passing the examination for board certification offered by the certification board for music therapists or any successor organization or provides proof of being transitioned into board certification along with the other requirements set out in the bill;
(6) Clarifies that if the certified professional music therapist fails to submit a certified or sworn statement, required for every applicant, then the certificate is automatically revoked by the advisory committee without further notice or hearing, unless certain criteria are met;
(7) Clarifies that this bill does not permit a certified professional music therapist to engage in a psychological practice;
(8) Clarifies that this bill does not restrict the non-clinical, non-therapeutic music intervention of the Tennessee person-centered music program administered by the Tennessee commission on aging and disability, and associated area agencies on aging and disability or their representatives;
(9) Clarifies that the limitation on using certain titles does not prohibit the use of music intervention in a non-clinical, non-therapeutic manner by persons who do not represent themselves as music therapists or through a program that is not represented to be a music therapy program, including the Tennessee person-centered music program administered by the Tennessee commission on aging and disability;
(10) Provides that any other action deemed to be grounds for disciplinary action under rules promulgated by the advisory committee may be grounds for the advisory committee to exercise its enumerated powers; and
(11) Changes the effective date section such that, for the purpose of appointing members and rulemaking, this bill takes effect upon becoming a law, and, for all other purposes, this bill takes effect January 1, 2024.
ON APRIL 23, 2024, THE HOUSE SUBSTITUTED SENATE BILL 898 FOR HOUSE BILL 521, ADOPTED AMENDMENT #3, AND PASSED SENATE BILL 898, AS AMENDED.
AMENDMENT #3 makes the following changes:
(1) In order to stagger the terms of the newly appointed professional music therapy advisory committee ("committee") members, requires initial appointments to be made as follows:
(A) One person serves an initial term of one year, which expires on June 30, 2025, instead of June 30, 2024;
(B) Two persons serve initial terms of two years, which expire on June 30, 2026, instead of June 30, 2025;
(C) One person serves an initial term of three years, which expires on June 30, 2027, instead of June 30, 2026; and
(D) One person serves an initial term of four years, which expires on June 30, 2028, instead of June 30, 2027;
(2) Requires all initial appointees to the advisory committee to become certified professional music therapists no later than July 1, 2025, instead of July 1, 2024, in order to continue to serve as members of the committee;
(3) Requires the rules promulgated by the advisory committee to take into consideration the standards of ethics and professional conduct of the code of ethics of the American Music Therapy Association and code of professional ethics of the Certification Board for Music Therapists, or any successor organization, in effect on January 1, 2025, instead of January 1, 2024; and
(4) Clarifies that the bill takes effect on January 1, 2025, instead of January 1, 2024.

Statutes affected:
Introduced: 4-29-246(a), 4-29-246
Amen