HBA-DMD H.B. 1643 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1643
By: Chavez
Human Services
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Music therapy has been used in the treatment of mental illness in Texas.
However, prior to the 76th Legislature there was no state licensing
procedure and locating a professional therapist was 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.