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.
AB1054,7,6 3(5) (a) 1. “Music therapy” means, subject to par. (b), the clinical and
4evidence-based use of music interventions to accomplish individualized goals for
5persons of all ages and ability levels within a therapeutic relationship by a
6board-certified music therapist.
AB1054,7,77 2. “Music therapy” includes, subject to par. (b), all of the following:
AB1054,7,108 a. Accepting referrals for music therapy services from medical, developmental,
9mental health, or education professionals; family members; clients; caregivers; or
10others involved and authorized with provision of client services.
AB1054,7,1411 b. Conducting a music therapy assessment of a client to determine if treatment
12is indicated. If treatment is indicated, “music therapy” includes collecting
13systematic, comprehensive, and accurate information to determine the
14appropriateness and type of music therapy services to provide for the client.
AB1054,7,1815 c. Developing an individualized music therapy treatment plan for the client
16that is based on the results of the music therapy assessment and that is consistent
17with any other developmental, rehabilitative, habilitative, medical, mental health,
18preventive, wellness care, or educational services being provided to the client.
AB1054,7,2119 d. Evaluating the client's response to music therapy and the individualized
20music therapy treatment plan, documenting change and progress, and suggesting
21modifications, as appropriate.
AB1054,7,2522 e. Developing a plan for determining when the provision of music therapy
23services is no longer needed in collaboration with the client, physician, or other
24provider of health care or education for the client, family members of the client, and
25any other appropriate person upon whom the client relies for support.
AB1054,8,3
1(b) “Music therapy” does not include the screening, diagnosis, or assessment
2of any physical, mental, or communication disorder, except to the extent permitted
3by a license to practice psychotherapy granted under s. 440.966.
AB1054,8,7 4440.961 License required. (1) (a) Except as provided in par. (b), no person
5may engage in the practice of music therapy, or attempt to do so or make a
6representation as authorized to do so, without a license issued by the department
7under this subchapter.
AB1054,8,98 (b) No license is required under this subchapter for any of the following,
9provided that the person does not violate sub. (2):
AB1054,8,1210 1. A person lawfully practicing within the scope of a license, permit,
11registration, certificate, or certification granted by this state, including the use of
12music incidental to the person's practice.
AB1054,8,1413 2. A person whose training and national certification attests to the person's
14preparation and ability to practice his or her certified profession or occupation.
AB1054,8,1715 3. A person practicing music therapy as an integral part of a program of study
16for students enrolled in a music therapy program within an accredited college or
17university.
AB1054,8,1918 4. A person who practices music therapy under the supervision of a music
19therapist.
AB1054,8,23 20(2) No person may use the title “music therapist," “ licensed professional music
21therapist,” or any similar title, append to the person's name the letters “LPMT,” or
22state or imply that he or she is licensed to practice music therapy without a license
23issued by the department under this subchapter.
AB1054,8,25 24440.962 Licensure of music therapists. (1) (d) The person does not have
25an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335.
AB1054,9,3
1(e) The person holds a bachelor's degree or higher in music therapy, or its
2equivalent, including clinical training hours, from a music therapy program within
3an accredited college or university.
AB1054,9,9 4(1m) Notwithstanding sub. (1), a person who, on the effective date of this
5subsection .... [LRB inserts date], was registered by the department as a music
6therapist under s. 440.03 (14) (a) 1., 2021 stats., and provides proof of current board
7certification as a music therapist by the Certification Board for Music Therapists
8shall be considered to have been licensed under sub. (1) for purposes of this
9subchapter.
AB1054,9,12 10(2) A person who is licensed under sub. (1) shall notify the department in
11writing within 30 days if an organization specified in sub. (1) (a) revokes the person's
12board certification specified in sub. (1) (a).
AB1054,9,16 13440.963 Registration of art therapists. (2) A person who is registered
14under sub. (1) shall notify the department in writing within 30 days if an
15organization specified in sub. (1) (a) revokes the person's certification, registration,
16or accreditation specified in sub. (1) (a).
AB1054,9,20 17440.964 Registration of dance therapists. (2) A person who is registered
18under sub. (1) shall notify the department in writing within 30 days if an
19organization specified in sub. (1) (a) revokes the person's certification, registration,
20or accreditation specified in sub. (1) (a).
AB1054,9,21 21440.965 (title) Renewal.
AB1054,9,22 22440.966 Practice. (1) In this section:
AB1054,9,2323 (a) “Audiologist” has the meaning given in s. 459.20 (1).
AB1054,9,2424 (b) “Clinical social worker" has the meaning given in s. 457.01 (1r).
AB1054,9,2525 (d) “Speech-language pathologist" has the meaning given in s. 459.20 (4).
AB1054,10,4
1(2) Before a music therapist provides music therapy services to a client for an
2identified clinical or developmental need, the music therapist shall review the
3client's diagnosis, treatment needs, and treatment plan with the health care
4providers involved in the client's care.
AB1054,10,9 5(3) Before a music therapist provides music therapy services to a student for
6an identified educational need in a special education setting, the music therapist
7shall review with the student's individualized education program team the student's
8individualized family service plan or individualized education plan, including the
9student's diagnosis, treatment needs, and treatment plan.
AB1054,10,17 10(4) During the provision of music therapy services to a client, a music therapist
11shall collaborate, as applicable, with the client's treatment team, including the
12client's physician, psychologist, clinical social worker, or other mental health
13professional. During the provision of music therapy services to a client with a
14communication disorder, a music therapist shall collaborate and discuss the client's
15music therapy treatment plan with the client's audiologist or speech-language
16pathologist so that a music therapist may work with the client and address
17communication skills.
AB1054,10,22 18(5) (a) When providing educational or health care services, a music therapist
19may not replace the services provided by an audiologist or a speech-language
20pathologist. Unless authorized to practice speech-language pathology under ch. 459,
21a music therapist may not evaluate, examine, instruct, or counsel on speech,
22language, communication, or swallowing disorders or conditions.
AB1054,10,2423 (b) 1. A music therapist may not represent to the public that the individual is
24authorized to treat a communication disorder.
AB1054,11,3
12. Subdivision 1. does not prohibit a music therapist from representing to the
2public that he or she may work with clients who have a communication disorder and
3address communication skills.
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