LRB-2641/1
MED:skw
2023 - 2024 LEGISLATURE
February 2, 2024 - Introduced by Representatives Dittrich, Duchow and Subeck.
Referred to Committee on Regulatory Licensing Reform.
AB1054,1,7 1An Act to repeal 440.03 (14) (a) 1. b. and 440.03 (14) (b); to renumber 440.01
2(2) (cv); to renumber and amend 440.03 (14) (a) 1. (intro.), a. and c., 440.03
3(14) (a) 2., 440.03 (14) (a) 3., 440.03 (14) (am), 440.03 (14) (c), 440.03 (14) (d),
4440.03 (14) (e) and 440.03 (14) (f); to amend 457.02 (6) (b) 1.; and to create
515.407 (3m), subchapter X of chapter 440 [precedes 440.960], 440.968 (title) and
6(2) and 440.9685 of the statutes; relating to: music therapists, the practice of
7music therapy, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides for the registration of music therapists by the
Department of Safety and Professional Services, as well as dance and art therapists.
This bill does all of the following with respect to the practice of music therapy and
music therapists:
1. The bill eliminates the music therapist registration credential in favor of a
music therapist license. The bill specifically requires proof of current board
certification as a music therapist by the Certification Board for Music Therapists as
a license qualification and also requires a bachelor's degree or higher in music
therapy, or its equivalent.
2. The bill defines the practice of music therapy and prohibits the practice of
music therapy, or the use of music therapist titles, without a music therapy license.

3. The bill establishes a number of practice requirements and prohibitions for
music therapists, including ones that address the involvement of health care
professionals.
4. The bill creates a Music Therapy Examining Council to advise DSPS on the
regulation of music therapists.
5. Current law allows DSPS to grant an additional license to practice
psychotherapy to an individual registered as a music, dance, or art therapist. The
bill, which does not include the practice of psychotherapy within the defined scope
practice for music therapy, eliminates the ability for music therapists to obtain this
separate psychotherapy license.
The bill also raises the criminal penalty provision for music, art, or dance
therapists from $200 or imprisonment for not more than six months to $10,000 or
imprisonment for not more than nine months. The bill otherwise does not affect the
current law provisions regarding registration as a dance or art therapist.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1054,1 1Section 1. 15.407 (3m) of the statutes is created to read:
AB1054,2,102 15.407 (3m) Music therapy examining council. There is created a music
3therapy examining council in the department of safety and professional services and
4serving the department in an advisory capacity in the formulating of rules to be
5promulgated by the department for the regulation of music therapists. The music
6therapy examining council shall consist of 2 licensed music therapists and one public
7member appointed by the governor. The members of the examining council shall
8serve 3-year terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the music
9therapy examining council, except that members of the examining council may serve
10more than 2 consecutive terms.
AB1054,2 11Section 2. 440.01 (2) (cv) of the statutes is renumbered 440.960 (8).
AB1054,3
1Section 3. 440.03 (14) (a) 1. (intro.), a. and c. of the statutes are renumbered
2440.962 (1) (intro.), (a) and (c) and amended to read:
AB1054,3,43 440.962 (1) (intro.) The department shall grant a certificate of registration as
4a
music therapist license to a person if all of the following apply:
AB1054,3,115 (a) The person is certified, registered, or accredited provides proof of passing
6the examination for board certification offered by the Certification Board for Music
7Therapists or any successor organization, or of having been transitioned into board
8certification, and holds current board certification
as a music therapist by the
9Certification Board for Music Therapists, National Music Therapy Registry,
10American Music Therapy Association or by another national
or a successor
11organization that certifies, registers, or accredits music therapists.
AB1054,3,1512 (c) The person pays the initial credential fee determined by the department
13under s. 440.03 (9) (a) and files with the department evidence satisfactory to the
14department that he or she is certified, registered, or accredited as required under
15subd. 1. a. par. (a).
AB1054,4 16Section 4. 440.03 (14) (a) 1. b. of the statutes is repealed.
AB1054,5 17Section 5. 440.03 (14) (a) 2. of the statutes is renumbered 440.963 (1), and
18440.963 (1) (a) to (c), as renumbered, are amended to read:
AB1054,3,2119 440.963 (1) (a) The person is certified, registered , or accredited as an art
20therapist by the Art Therapy Credentials Board or by another national organization
21that certifies, registers, or accredits art therapists.
AB1054,3,2322 (b) The organization that certified, registered, or accredited the person under
23subd. 2. a. par. (a) is approved by the department.
AB1054,4,224 (c) The person pays the initial credential fee determined by the department
25under s. 440.03 (9) (a) and files with the department evidence satisfactory to the

1department that he or she is certified, registered, or accredited as required under
2subd. 2. a. par. (a).
AB1054,6 3Section 6. 440.03 (14) (a) 3. of the statutes is renumbered 440.964 (1), and
4440.964 (1) (a) to (c), as renumbered, are amended to read:
AB1054,4,75 440.964 (1) (a) The person is certified, registered , or accredited as a dance
6therapist by the American Dance Therapy Association or by another national
7organization that certifies, registers, or accredits dance therapists.
AB1054,4,98 (b) The organization that certified, registered, or accredited the person under
9subd. 3. a. par. (a) is approved by the department.
AB1054,4,1310 (c) The person pays the initial credential fee determined by the department
11under s. 440.03 (9) (a) and files with the department evidence satisfactory to the
12department that he or she is certified, registered, or accredited as required under
13subd. 3. a. par. (a).
AB1054,7 14Section 7. 440.03 (14) (am) of the statutes, as affected by 2023 Wisconsin Act
1555
, is renumbered 440.966 and amended to read:
AB1054,5,2 16440.966 Psychotherapy license. The department may promulgate rules
17that establish requirements for granting a license to practice psychotherapy to a
18person who is registered under par. (a) as an art therapist or dance therapist under
19this chapter
. Rules promulgated under this paragraph section shall establish
20requirements for obtaining such a license that are comparable to the requirements
21for obtaining a clinical social worker, marriage and family therapist, or professional
22counselor license under subch. I of ch. 457. If the department promulgates rules
23under this paragraph section, the department shall grant a license under this
24paragraph section to a person registered under par. (a) s. 440.963 or 440.964 who
25pays the initial credential fee determined by the department under s. 440.03 (9) (a)

1and provides evidence satisfactory to the department that he or she satisfies the
2requirements established in the rules.
AB1054,8 3Section 8. 440.03 (14) (b) of the statutes is repealed.
AB1054,9 4Section 9. 440.03 (14) (c) of the statutes is renumbered 440.965 (1) and
5amended to read:
AB1054,5,86 440.965 (1) The renewal dates for certificates credentials granted under par.
7(a) and licenses granted under par. (am)
this subchapter are specified in s. 440.08 (2)
8(a).
AB1054,5,11 9(2) (a) Renewal applications shall be submitted to the department on a form
10provided by the department and shall include the renewal fee determined by the
11department under s. 440.03 (9) (a) and.
AB1054,5,16 12(b) For renewal of a license granted under s. 440.962 or a certificate granted
13under s. 440.963 or 440.964, the renewal application shall include
evidence
14satisfactory to the department that the person's certification, registration, or
15accreditation specified in par. (a) 1. a., 2. a., or 3. a. s. 440.962 (1) (a), 440.963 (1) (a),
16or 440.964 (1) (a) is current and
has not been revoked.
AB1054,10 17Section 10. 440.03 (14) (d) of the statutes is renumbered 440.968 (1) and
18amended to read:
AB1054,5,2419 440.968 (1) The department shall promulgate rules that specify the services
20within the scope of practice of music, art, or dance therapy that a person who is
21registered under par. (a) s. 440.963 or 440.964 is qualified to perform. The rules may
22not allow a person registered under par. (a) s. 440.963 or 440.964 to perform
23psychotherapy unless the person is granted a license under the rules promulgated
24under par. (am)
s. 440.966.
AB1054,11
1Section 11. 440.03 (14) (e) of the statutes is renumbered 440.967 (1) and
2amended to read:
AB1054,6,12 3440.967 (1) Subject to the rules promulgated under sub. (1) s. 440.03 (1), the
4department may make investigations and conduct hearings to determine whether a
5violation of this subsection subchapter or any rule promulgated under par. (d) this
6subchapter
has occurred and may reprimand a person who is licensed or registered
7under par. (a) or holds a license granted under the rules promulgated under par. (am)
8this subchapter or may deny, limit, suspend, or revoke a license or certificate of
9registration granted under par. (a) or a license granted under the rules promulgated
10under par. (am)
this subchapter if the department finds that the applicant or
11certificate or license holder has violated this subsection subchapter or any rule
12promulgated under par. (d) this subchapter.
AB1054,12 13Section 12. 440.03 (14) (f) of the statutes is renumbered 440.969 and amended
14to read:
AB1054,6,18 15440.969 Penalty. A person who is registered under par. (a) or holds a license
16granted under the rules promulgated under par. (am) who
violates this subsection
17subchapter or any rule promulgated under par. (d) this subchapter may be fined not
18more than $200 $10,000 or imprisoned for not more than 6 9 months or both.
AB1054,13 19Section 13. Subchapter X of chapter 440 [precedes 440.960] of the statutes is
20created to read:
AB1054,6,2121 CHAPTER 440
AB1054,6,2322 SUBCHAPTER X
23 MUSIC, ART, AND DANCE THERAPY
AB1054,6,24 24440.960 Definitions. In this subchapter:
AB1054,7,2
1(4) “Music therapist” means a person licensed as a music therapist under this
2subchapter.
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