Florida Senate - 2015                                    SB 1310
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-00646-15                                           20151310__
    1                        A bill to be entitled                      
    2         An act relating to music therapists; amending s.
    3         20.43, F.S.; establishing the music therapist
    4         profession within the Division of Medical Quality
    5         Assurance; creating part XVII of ch. 468, F.S.,
    6         entitled “Music Therapists”; creating s. 468.851,
    7         F.S.; providing legislative intent; creating s.
    8         468.852, F.S.; defining terms; creating s. 468.853,
    9         F.S.; creating the Music Therapy Advisory Committee;
   10         providing for membership and terms of members;
   11         creating s. 468.854, F.S.; establishing requirements
   12         for licensure as a music therapist; creating s.
   13         468.855, F.S.; providing application requirements;
   14         exempting certain applicants from the examination
   15         requirement; requiring certain fees to be deposited
   16         into the Medical Quality Assurance Trust Fund;
   17         creating s. 468.856, F.S.; establishing a licensure
   18         renewal process; creating s. 468.857, F.S.; providing
   19         for disciplinary grounds and actions; authorizing
   20         investigations by the division for allegations of
   21         misconduct; providing an effective date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraph (g) of subsection (3) of section
   26  20.43, Florida Statutes, is amended to read:
   27         20.43 Department of Health.—There is created a Department
   28  of Health.
   29         (3) The following divisions of the Department of Health are
   30  established:
   31         (g) Division of Medical Quality Assurance, which is
   32  responsible for the following boards and professions established
   33  within the division:
   34         1. The Board of Acupuncture, created under chapter 457.
   35         2. The Board of Medicine, created under chapter 458.
   36         3. The Board of Osteopathic Medicine, created under chapter
   37  459.
   38         4. The Board of Chiropractic Medicine, created under
   39  chapter 460.
   40         5. The Board of Podiatric Medicine, created under chapter
   41  461.
   42         6. Naturopathy, as provided under chapter 462.
   43         7. The Board of Optometry, created under chapter 463.
   44         8. The Board of Nursing, created under part I of chapter
   45  464.
   46         9. Nursing assistants, as provided under part II of chapter
   47  464.
   48         10. The Board of Pharmacy, created under chapter 465.
   49         11. The Board of Dentistry, created under chapter 466.
   50         12. Midwifery, as provided under chapter 467.
   51         13. The Board of Speech-Language Pathology and Audiology,
   52  created under part I of chapter 468.
   53         14. The Board of Nursing Home Administrators, created under
   54  part II of chapter 468.
   55         15. The Board of Occupational Therapy, created under part
   56  III of chapter 468.
   57         16. Respiratory therapy, as provided under part V of
   58  chapter 468.
   59         17. Dietetics and nutrition practice, as provided under
   60  part X of chapter 468.
   61         18. The Board of Athletic Training, created under part XIII
   62  of chapter 468.
   63         19. The Board of Orthotists and Prosthetists, created under
   64  part XIV of chapter 468.
   65         20. Music therapists, as provided under part XVII of
   66  chapter 468.
   67         21.20. Electrolysis, as provided under chapter 478.
   68         22.21. The Board of Massage Therapy, created under chapter
   69  480.
   70         23.22. The Board of Clinical Laboratory Personnel, created
   71  under part III of chapter 483.
   72         24.23. Medical physicists, as provided under part IV of
   73  chapter 483.
   74         25.24. The Board of Opticianry, created under part I of
   75  chapter 484.
   76         26.25. The Board of Hearing Aid Specialists, created under
   77  part II of chapter 484.
   78         27.26. The Board of Physical Therapy Practice, created
   79  under chapter 486.
   80         28.27. The Board of Psychology, created under chapter 490.
   81         29.28. School psychologists, as provided under chapter 490.
   82         30.29. The Board of Clinical Social Work, Marriage and
   83  Family Therapy, and Mental Health Counseling, created under
   84  chapter 491.
   85         31.30. Emergency medical technicians and paramedics, as
   86  provided under part III of chapter 401.
   87         Section 2. Part XVII of chapter 468, Florida Statutes,
   88  consisting of ss. 468.851-468.857, Florida Statutes, is created
   89  and entitled “Music Therapists.”
   90         Section 3. Section 468.851, Florida Statutes, is created to
   91  read:
   92         468.851 Purpose.—The Legislature finds that the practice of
   93  music therapy should be subject to regulation to ensure the
   94  highest degree of professional conduct and to guarantee the
   95  availability of music therapy services provided by qualified
   96  professionals. This part is intended to protect the public from
   97  the harmful conduct of unqualified music therapists.
   98         Section 4. Section 468.852, Florida Statutes, is created to
   99  read:
  100         468.852 Definitions.—As used in this part, the term:
  101         (1) “Advisory committee” means the Music Therapy Advisory
  102  Committee.
  103         (2) “Board-certified music therapist” means an individual
  104  who has completed the education and clinical training
  105  requirements established by the American Music Therapy
  106  Association and who holds current board certification from the
  107  Certification Board for Music Therapists.
  108         (3) “Division” means the Division of Medical Quality
  109  Assurance within the Department of Health.
  110         (4) “Director” means the director of the division.
  111         (5) “Music therapist” means a person licensed to practice
  112  music therapy pursuant to this part.
  113         (6) “Music therapy” means the clinical and evidence-based
  114  use of music interventions by a board-certified music therapist
  115  to accomplish individualized goals for people of all ages and
  116  ability levels within a therapeutic relationship. The term does
  117  not include the diagnosis or assessment of any physical, mental,
  118  or communication disorder.
  119         Section 5. Section 468.853, Florida Statutes, is created to
  120  read:
  121         468.853 Music Therapy Advisory Committee.
  122         (1) There is created within the division a Music Therapy
  123  Advisory Committee, which shall consist of five members.
  124         (a) The director of the division shall appoint all members
  125  of the advisory committee to serve 4-year terms. The advisory
  126  committee shall consist of persons familiar with the practice of
  127  music therapy and provide the director with expertise and
  128  assistance in carrying out his or her duties pursuant to this
  129  part. The director shall appoint three members who practice as
  130  music therapists in this state; one member who is a licensed
  131  health care provider and is not a music therapist; and one
  132  member who is a layperson.
  133         (b) Members serve without compensation.
  134         (c) Members may serve consecutive terms at the will of the
  135  director. Any vacancy shall be filled in the same manner as the
  136  regular appointment.
  137         (2) The advisory committee shall meet at least annually or
  138  as otherwise called by the director.
  139         (3) The director shall consult with the advisory committee
  140  before setting or changing fees required under this part.
  141         (4) The advisory committee shall provide analysis of
  142  disciplinary actions taken, appeals and denials, or revocation
  143  of licenses at least annually.
  144         (5) The advisory committee may facilitate:
  145         (a) The development of materials that the director may
  146  utilize to educate the public concerning music therapist
  147  licensure, the benefits of music therapy, and use of music
  148  therapy by individuals and within facilities or institutional
  149  settings.
  150         (b) Statewide dissemination of information between music
  151  therapists, the American Music Therapy Association or any
  152  successor organization, the Certification Board for Music
  153  Therapists or any successor organization, and the director.
  154         Section 6. Section 468.854, Florida Statutes, is created to
  155  read:
  156         468.854 Licensure requirements.—
  157         (1) After January 1, 2016, an individual who is not
  158  licensed as a music therapist may not use the title music
  159  therapist or a similar title and may not practice music
  160  therapy. Nothing in this part may be construed as prohibiting or
  161  restricting the practice, services, or activities of any of the
  162  following:
  163         (a) Any individual licensed, certified, or regulated under
  164  the laws of this state in another profession or occupation, or
  165  personnel supervised by a licensed professional in this state,
  166  performing work, including the use of music, incidental to the
  167  practice of his or her licensed, certified, or regulated
  168  profession or occupation, if that individual does not represent
  169  himself or herself as a music therapist.
  170         (b) Any individual whose training and national
  171  certification attests to the individual’s preparation and
  172  ability to practice his or her certified profession or
  173  occupation, if that individual does not represent himself or
  174  herself as a music therapist.
  175         (c) Any practice of music therapy as an integral part of a
  176  program of study for students enrolled in an accredited music
  177  therapy program, if that student does not represent himself or
  178  herself as a music therapist.
  179         (d) Any individual who practices music therapy under the
  180  supervision of a licensed music therapist, if that individual
  181  does not represent himself or herself as a music therapist.
  182         (2) A music therapist may accept referrals for music
  183  therapy services from medical, developmental, mental health, or
  184  education professionals, family members, clients, or other
  185  caregivers.
  186         (3) A music therapist must:
  187         (a) Before providing music therapy services to a client for
  188  an identified clinical or developmental need, collaborate, as
  189  applicable, with the primary care provider to review the
  190  client’s diagnosis, treatment needs, and treatment plan;
  191         (b) During the provision of music therapy services to a
  192  client, collaborate, as applicable, with the client’s treatment
  193  team;
  194         (c) Conduct a music therapy assessment of a client to
  195  determine if treatment is indicated and, if treatment is
  196  indicated, the licensee must collect systematic, comprehensive,
  197  and accurate information to determine the appropriateness and
  198  type of music therapy services to provide for the client;
  199         (d) Develop an individualized music therapy treatment plan
  200  for the client that is based upon the results of the music
  201  therapy assessment. Such treatment plan must include
  202  individualized goals and objectives that focus on the assessed
  203  needs and strengths of the client and must specify music therapy
  204  approaches and interventions to be used to address these goals
  205  and objectives;
  206         (e) Implement an individualized music therapy treatment
  207  plan that is consistent with any other developmental,
  208  rehabilitative, habilitative, medical, mental health,
  209  preventive, wellness care, or educational services being
  210  provided to the client;
  211         (f) Evaluate the client’s response to music therapy and the
  212  music therapy treatment plan, documenting change and progress
  213  and suggesting modifications, as appropriate;
  214         (g) Develop a plan for determining whether music therapy
  215  services continue to be needed. In making this determination the
  216  music therapist shall collaborate with the client, the client’s
  217  physician or other provider of health care or education to the
  218  client and family members of the client, and any other
  219  appropriate person upon whom the client relies for support;
  220         (h) Minimize any barriers to ensure that the client
  221  receives music therapy services in the least restrictive
  222  environment;
  223         (i) Collaborate with and educate the client and the family,
  224  the caregiver of the client, or any other appropriate person
  225  regarding the needs of the client which are being addressed in
  226  music therapy and the manner in which the music therapy
  227  treatment addresses those needs; and
  228         (j) Use appropriate knowledge and skills to inform
  229  practice, including the use of research, reasoning, and problem
  230  solving skills to determine appropriate actions in the context
  231  of each specific clinical setting.
  232         Section 7. Section 468.855, Florida Statutes, is created to
  233  read:
  234         468.855 Issuance of licenses.—
  235         (1) The division shall issue a music therapist license to
  236  an applicant upon completion and submission of an application
  237  upon a form and in such manner as the division prescribes,
  238  accompanied by applicable fees, and evidence satisfactory to the
  239  division that:
  240         (a) The applicant is at least 18 years of age;
  241         (b) The applicant holds a bachelor’s degree or higher in
  242  music therapy, or its equivalent, from a program approved by the
  243  American Music Therapy Association or any successor organization
  244  within an accredited college or university;
  245         (c) The applicant successfully completed a minimum of 1,200
  246  hours of clinical training, with at least 180 hours in pre
  247  internship experiences and at least 900 hours in internship
  248  experiences, provided that the internship is approved by an
  249  academic institution, the American Music Therapy Association or
  250  any successor organization, or both;
  251         (d) The applicant is in good standing based on a review of
  252  the applicant’s music therapy licensure history in other
  253  jurisdictions, including a review of any alleged misconduct or
  254  neglect in the practice of music therapy on the part of the
  255  applicant; and
  256         (e) The applicant provides proof of passing the examination
  257  for board certification offered by the Certification Board for
  258  Music Therapists or any successor organization or provides proof
  259  of being transitioned into board certification, and provides
  260  proof that the applicant is currently a board-certified music
  261  therapist.
  262         (2) The division shall issue a license to an applicant for
  263  a music therapy license when the applicant completes and submits
  264  an application upon a form and in such manner as the division
  265  prescribes, accompanied by applicable fees and evidence
  266  satisfactory to the division that the applicant is licensed and
  267  in good standing as a music therapist in another jurisdiction
  268  where the qualifications required are equal to or greater than
  269  those required in this part at the date of application.
  270         (3) The division shall waive the examination requirement
  271  until January 1, 2020, for an applicant who is designated as a
  272  registered music therapist, certified music therapist, or
  273  advanced certified music therapist and is in good standing with
  274  the national music therapy registry.
  275         (4) Fees collected pursuant to this part shall be deposited
  276  into the Medical Quality Assurance Trust Fund as provided under
  277  s. 456.025.
  278         Section 8. Section 468.856, Florida Statutes, is created to
  279  read:
  280         468.856 Licensure renewal.—
  281         (1) Every license issued under this part must be renewed
  282  biennially. A license shall be renewed upon payment of a renewal
  283  fee if the applicant is not in violation of any of the terms of
  284  this part at the time of application for renewal.
  285         (2) To renew a license the licensee must provide:
  286         (a) Proof of maintenance of status as a board-certified
  287  music therapist; and
  288         (b) Proof of completion of a minimum of 40 hours of
  289  continuing education in a program approved by the Certification
  290  Board of Music Therapists or any successor organization and any
  291  other continuing education requirements established by the
  292  division.
  293         (3) A licensee shall inform the division of any changes to
  294  his or her address.
  295         (4) Failure to renew a license results in forfeiture of the
  296  license. Licenses that have been forfeited may be restored
  297  within 1 year of the expiration date upon payment of renewal and
  298  restoration fees. Failure to restore a forfeited license within
  299  1 year of the date of its expiration results in the automatic
  300  termination of the license, and the division may require the
  301  individual to reapply for licensure as a new applicant.
  302         (5) Upon the written request of a licensee, the division
  303  may place an active license on inactive status, subject to an
  304  inactive status fee established by the division. The licensee,
  305  upon request and payment of the inactive license fee, may
  306  continue on inactive status for a period up to 2 years. An
  307  inactive license may be reactivated at any time by making a
  308  written request to the division and by fulfilling requirements
  309  established by the division.
  310         Section 9. Section 468.857, Florida Statutes, is created to
  311  read:
  312         468.857 Disciplinary grounds and actions.—
  313         (1) The following acts constitute violations of this part:
  314         (a) Falsification of information submitted for licensure or
  315  failure to maintain status as a board-certified music therapist.
  316         (b) Failure to pay fees when due.
  317         (c) Failure to provide requested information in a timely
  318  manner.
  319         (d) Conviction of a felony.
  320         (e) Conviction of any crime that reflects an inability to
  321  practice music therapy with due regard for the health and safety
  322  of clients and patients, or with due regard for the truth in
  323  filing claims with Medicare, Medicaid, or any third-party payor.
  324         (f) Inability or failure to practice music therapy with
  325  reasonable skill and consistent with the welfare of clients and
  326  patients, including, but not limited to, negligence in the
  327  practice of music therapy; intoxication; incapacity; and abuse
  328  of or engaging in sexual contact with a client or patient.
  329         (g) Any related disciplinary action by another
  330  jurisdiction.
  331         (2) The division may conduct investigations into alleged
  332  violations of this section.
  333         (3) The division may impose one or more of the following
  334  sanctions for a violation of this part:
  335         (a) Suspension.
  336         (b) Revocation.
  337         (c) Denial.
  338         (d) Refusal to renew a license.
  339         (e) Probation with conditions.
  340         (f) Reprimand.
  341         (g) A fine of at least $100, but no more than $1,000, for
  342  each violation.
  343         Section 10. This act shall take effect July 1, 2015.