Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 204
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/19/2016           .                                

       The Committee on Health Policy (Braynon) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 491.017, Florida Statutes, is created to
    6  read:
    7         491.017Registration of music therapists.—
    8         (1)LEGISLATIVE INTENT.—It is the intent of this section to
    9  recognize that music therapy affects the health, safety, and
   10  welfare of the public, and that the practice of music therapy
   11  should be subject to regulation to protect the public from the
   12  practice of music therapy by unregistered persons.
   13         (2)DEFINITIONS.—As used in this section, the term:
   14         (a)“Board-certified music therapist” means a person who
   15  has completed the education and clinical training requirements
   16  established by the American Music Therapy Association and who
   17  holds current board certification from the national
   18  Certification Board for Music Therapists.
   19         (b)“Music therapist” means a person registered to practice
   20  music therapy pursuant to this section.
   21         (c)“Music therapy” means the clinical and evidence-based
   22  use of music interventions by a board-certified music therapist
   23  to accomplish individualized goals for people of all ages and
   24  ability levels within a therapeutic relationship. The music
   25  therapy interventions may include music improvisation, receptive
   26  music listening, song writing, lyric discussion, music and
   27  imagery, singing, music performance, learning through music,
   28  music combined with other arts, music-assisted relaxation,
   29  music-based patient education, electronic music technology,
   30  adapted music intervention, and movement to music. The practice
   31  of music therapy does not include the diagnosis or assessment of
   32  any physical, mental, or communication disorder.
   33         (3)REGISTRATION.—
   34         (a)The department shall register an applicant as a music
   35  therapist when the applicant submits to the department:
   36         1.A completed application form issued by the department;
   37         2.Application and registration fees; and
   38         3.Proof of passing the examination for board certification
   39  offered by the national Certification Board for Music
   40  Therapists, or any successor organization, or proof of being
   41  transitioned into board certification, and provides proof that
   42  the applicant is currently a board-certified music therapist.
   43         (b)A registration issued under this section must be
   44  renewed biennially by submitting to the department a renewal fee
   45  and proof that the applicant holds an active certificate as a
   46  board-certified music therapist.
   47         (c)A registrant shall inform the department within 10 days
   48  after a change of the registrant’s address or a change in the
   49  registrant’s status as a board-certified music therapist.
   51  therapist is authorized to:
   52         (a)Accept referrals for music therapy services from
   53  medical, developmental, mental health, or education
   54  professionals; family members; clients; caregivers; or other
   55  persons authorized to provide client services.
   56         (b)Collaborate with a client’s primary care provider to
   57  review the client’s diagnosis, treatment needs, and treatment
   58  plan before providing services to a client with an identified
   59  clinical or developmental need or collaborate with the client’s
   60  treatment team while providing music therapy services to the
   61  client.
   62         (c)Conduct a music therapy assessment of a client to
   63  determine if treatment is indicated and, if treatment is
   64  indicated, collect systematic, comprehensive, and accurate
   65  information to determine the appropriateness and type of music
   66  therapy services to provide for the client.
   67         (d)Develop an individualized music therapy treatment plan,
   68  including individualized goals, objectives, and specific music
   69  therapy approaches or interventions, for the client that is
   70  based on the results of the music therapy assessment and is
   71  consistent with any other developmental, rehabilitative,
   72  habilitative, medical, mental health, preventive, wellness, or
   73  educational services being provided to the client.
   74         (e)Evaluate the client’s response to music therapy and the
   75  music therapy treatment plan, documenting change and progress
   76  and suggesting modifications, as appropriate.
   77         (f)Develop a plan for determining when music therapy
   78  services are no longer needed, in collaboration with the client
   79  and the client’s physician or other provider of health care or
   80  education to the client, family members of the client, and any
   81  other appropriate person upon whom the client relies for
   82  support.
   83         (g)Minimize barriers to ensure that the client receives
   84  music therapy services in the least restrictive environment.
   85         (h)Collaborate with and educate the client and the
   86  client’s family members, caregivers, and any other appropriate
   87  persons regarding the needs of the client that are being
   88  addressed in music therapy and the manner in which the music
   89  therapy treatment addresses those needs.
   90         (i)Use appropriate knowledge and skills to inform
   91  practice, including the use of research, reasoning, and problem
   92  solving skills to determine appropriate actions in the context
   93  of each specific clinical setting.
   94         (5)PROHIBITED ACTS; EXEMPTIONS.—A person may not practice
   95  music therapy or represent himself or herself as being able to
   96  practice music therapy in this state unless the person is
   97  registered pursuant to this section. This section does not
   98  prohibit or restrict the practice, services, or activities of
   99  the following:
  100         (a)A person licensed, certified, or regulated under the
  101  laws of this state in another profession or occupation, or
  102  personnel supervised by a licensed professional in this state
  103  performing work, including the use of music, incidental to the
  104  practice of his or her licensed, certified, or regulated
  105  profession or occupation, if that person does not represent
  106  himself or herself as a music therapist;
  107         (b)A person whose training and national certification
  108  attests to the person’s preparation and ability to practice his
  109  or her certified profession or occupation, if that person does
  110  not represent himself or herself as a music therapist;
  111         (c)Any practice of music therapy as an integral part of a
  112  program of study for students enrolled in an accredited music
  113  therapy program, if the student does not represent himself or
  114  herself as a music therapist; or
  115         (d)A person who practices music therapy under the
  116  supervision of a registered music therapist, if the person does
  117  not represent himself or herself as a music therapist.
  118         (6)DEPARTMENT AUTHORITY.—
  119         (a)The department is authorized to establish application,
  120  registration, and renewal fees estimated necessary to implement
  121  the provisions of this section, but each fee may not exceed $50.
  122         (b)The department is authorized to adopt rules to
  123  implement this section.
  124         (c)The department may deny or revoke registration or
  125  renewal of registration for violations of this section.
  126         Section 2. This act shall take effect July 1, 2016.
  129  ================= T I T L E  A M E N D M E N T ================
  130  And the title is amended as follows:
  131         Delete everything before the enacting clause
  132  and insert:
  133                        A bill to be entitled                      
  134         An act relating to music therapists; creating s.
  135         491.017, F.S.; providing legislative intent; providing
  136         definitions; establishing requirements for
  137         registration as a music therapist; providing
  138         responsibilities of a music therapist; requiring
  139         biennial renewal of registration; prohibiting the
  140         practice of music therapy unless the therapist is
  141         registered; providing exemptions to registration;
  142         authorizing the Department of Health to adopt rules
  143         and take disciplinary action against an applicant or
  144         registrant who violates the act; providing an
  145         effective date.