SB489: Bill Text

2025 - 2026 LEGISLATURE

LRB-4726/1

MED:wlj&klm

2025 SENATE BILL 489

October 2, 2025 - Introduced by Senator Cabral-Guevara, cosponsored by Representatives Dittrich, Doyle, Kreibich, Kurtz, Sinicki and Wichgers. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.

SB489,1,5 An Act to repeal 440.03 (14) (a) 1.; to amend 15.08 (1m) (b), 440.03 (13) (b) 39., 440.03 (14) (b), 440.03 (14) (c), 440.03 (14) (d), 440.08 (2) (a) 67v., 440.08 (2) (a) 67x. and 457.02 (6) (b) 1.; to create 15.405 (18), 440.08 (2) (a) 47b. and chapter 467 of the statutes; relating to: music therapists, the practice of music therapy, 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 requires a bachelor’s degree or higher in music therapy, or its equivalent.

2. The bill creates the Music Therapy Examining Board and transfers licensure of music therapists from DSPS to the board.

3. 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.

4. The bill establishes a number of practice requirements and prohibitions for music therapists, including ones that address the involvement of health care professionals.

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 of 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 therapists from a fine of $200 or imprisonment for not more than six months, or both, to a fine of $10,000 or imprisonment for not more than nine months, or both.

The bill 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:

SB489,1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB489,3,2 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the naturopathic medicine examining board, the physical therapy examining board, the perfusionists examining council, the respiratory care practitioners examining council, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, the psychology examining board, and the radiography examining board, and the music therapy examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB489,2 Section 2. 15.405 (18) of the statutes is created to read:

SB489,3,8 15.405 (18) Music therapy examining board. There is created a music therapy examining board in the department of safety and professional services. The music therapy examining board shall consist of 3 members appointed for staggered 4-year terms. The music therapy examining board shall consist of 2 licensed music therapists and one public member.

SB489,3 Section 3. 440.03 (13) (b) 39. of the statutes is amended to read:

SB489,3,10 440.03 (13) (b) 39. Music, art, or therapist.

SB489,3,11 5g. Art or dance therapist.

SB489,4 Section 4. 440.03 (14) (a) 1. of the statutes is repealed.

SB489,5 Section 5. 440.03 (14) (b) of the statutes is amended to read:

SB489,3,21 440.03 (14) (b) A person who is registered under par. (a) shall notify the department in writing within 30 days if an organization specified in par. (a) 1. a., 2. a. or 3. a. revokes the person’s certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. The department shall revoke a certificate of registration granted under par. (a) if such an organization revokes such a certification, registration, or accreditation. If the department revokes the certificate of registration of a person who also holds a license granted under the rules promulgated under par. (am), the department shall also revoke the license.

SB489,6 Section 6. 440.03 (14) (c) of the statutes is amended to read:

SB489,4,5 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person’s certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.

SB489,7 Section 7. 440.03 (14) (d) of the statutes is amended to read:

SB489,4,11 440.03 (14) (d) The department shall promulgate rules that specify the services within the scope of practice of music, art, or dance therapy that a person who is registered under par. (a) is qualified to perform. The rules may not allow a person registered under par. (a) to perform psychotherapy unless the person is granted a license under the rules promulgated under par. (am).

SB489,8 Section 8. 440.08 (2) (a) 47b. of the statutes is created to read:

SB489,4,13 440.08 (2) (a) 47b. Music therapist: October 1 of each odd-numbered year.

SB489,9 Section 9. 440.08 (2) (a) 67v. of the statutes is amended to read:

SB489,4,16 440.08 (2) (a) 67v. Registered music, art or dance therapist: October 1 of each odd-numbered year.

SB489,10 Section 10. 440.08 (2) (a) 67x. of the statutes is amended to read:

SB489,4,19 440.08 (2) (a) 67x. Registered music, art, or dance therapist with psychotherapy license: October 1 of each odd-numbered year.

SB489,11 Section 11. 457.02 (6) (b) 1. of the statutes is amended to read:

SB489,4,23 457.02 (6) (b) 1. The person is registered as a music, an art, or dance therapist under s. 440.03 (14) (a) and the person holds a valid license granted by the department under s. 440.03 (14) (am).

SB489,12 Section 12. Chapter 467 of the statutes is created to read:

SB489,5,1 CHAPTER 467

SB489,5,2 MUSIC THERAPY

SB489,5,3 467.01 Definitions. In this chapter:

SB489,5,4 (2) “Board” means the music therapy examining board

SB489,5,6 (4) “Music therapist” means a person licensed as a music therapist under this chapter.

SB489,5,10 (5) (a) 1. “Music therapy” means, subject to par. (b), the clinical and evidence- based use of music interventions to accomplish individualized goals for persons of all ages and ability levels within a therapeutic relationship by a board-certified music therapist.

SB489,5,11 2. “Music therapy” includes, subject to par. (b), all of the following:

SB489,5,14 a. Accepting referrals for music therapy services from medical, developmental, mental health, or education professionals; family members; clients; caregivers; or others involved and authorized with provision of client services.

SB489,5,18 b. Conducting a music therapy assessment of a client to determine if treatment is indicated. If treatment is indicated, “music therapy” includes collecting systematic, comprehensive, and accurate information to determine the appropriateness and type of music therapy services to provide for the client.

SB489,5,22 c. Developing an individualized music therapy treatment plan for the client that is based on the results of the music therapy assessment and that is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, wellness care, or educational services being provided to the client.

SB489,6,2 d. Evaluating the client’s response to music therapy and the individualized music therapy treatment plan, documenting change and progress, and suggesting modifications, as appropriate.

SB489,6,6 e. Developing 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 for the client, family members of the client, and any other appropriate person upon whom the client relies for support.

SB489,6,8 (b) “Music therapy” does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder.

SB489,6,12 467.02 License required. (1) (a) Except as provided in par. (b), no person may engage in the practice of music therapy, or attempt to do so or make a representation as authorized to do so, without a license issued by the board under this chapter.