Florida Senate - 2016                                     SB 204
       By Senator Clemens
       27-00292-16                                            2016204__
    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         requiring the division director to consult with the
   12         advisory committee before adopting or revising rules;
   13         authorizing the division to adopt rules; creating s.
   14         468.854, F.S.; establishing requirements for licensure
   15         as a music therapist; creating s. 468.855, F.S.;
   16         providing application requirements; exempting certain
   17         applicants from the examination requirement; requiring
   18         certain fees to be deposited into the Medical Quality
   19         Assurance Trust Fund; creating s. 468.856, F.S.;
   20         establishing a licensure renewal process; creating s.
   21         468.857, F.S.; providing for disciplinary grounds and
   22         actions; authorizing investigations by the division
   23         for allegations of misconduct; providing an effective
   24         date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraph (g) of subsection (3) of section
   29  20.43, Florida Statutes, is amended to read:
   30         20.43 Department of Health.—There is created a Department
   31  of Health.
   32         (3) The following divisions of the Department of Health are
   33  established:
   34         (g) Division of Medical Quality Assurance, which is
   35  responsible for the following boards and professions established
   36  within the division:
   37         1. The Board of Acupuncture, created under chapter 457.
   38         2. The Board of Medicine, created under chapter 458.
   39         3. The Board of Osteopathic Medicine, created under chapter
   40  459.
   41         4. The Board of Chiropractic Medicine, created under
   42  chapter 460.
   43         5. The Board of Podiatric Medicine, created under chapter
   44  461.
   45         6. Naturopathy, as provided under chapter 462.
   46         7. The Board of Optometry, created under chapter 463.
   47         8. The Board of Nursing, created under part I of chapter
   48  464.
   49         9. Nursing assistants, as provided under part II of chapter
   50  464.
   51         10. The Board of Pharmacy, created under chapter 465.
   52         11. The Board of Dentistry, created under chapter 466.
   53         12. Midwifery, as provided under chapter 467.
   54         13. The Board of Speech-Language Pathology and Audiology,
   55  created under part I of chapter 468.
   56         14. The Board of Nursing Home Administrators, created under
   57  part II of chapter 468.
   58         15. The Board of Occupational Therapy, created under part
   59  III of chapter 468.
   60         16. Respiratory therapy, as provided under part V of
   61  chapter 468.
   62         17. Dietetics and nutrition practice, as provided under
   63  part X of chapter 468.
   64         18. The Board of Athletic Training, created under part XIII
   65  of chapter 468.
   66         19. The Board of Orthotists and Prosthetists, created under
   67  part XIV of chapter 468.
   68         20. Music therapists, as provided under part XVII of
   69  chapter 468.
   70         21.20. Electrolysis, as provided under chapter 478.
   71         22.21. The Board of Massage Therapy, created under chapter
   72  480.
   73         23.22. The Board of Clinical Laboratory Personnel, created
   74  under part III of chapter 483.
   75         24.23. Medical physicists, as provided under part IV of
   76  chapter 483.
   77         25.24. The Board of Opticianry, created under part I of
   78  chapter 484.
   79         26.25. The Board of Hearing Aid Specialists, created under
   80  part II of chapter 484.
   81         27.26. The Board of Physical Therapy Practice, created
   82  under chapter 486.
   83         28.27. The Board of Psychology, created under chapter 490.
   84         29.28. School psychologists, as provided under chapter 490.
   85         30.29. The Board of Clinical Social Work, Marriage and
   86  Family Therapy, and Mental Health Counseling, created under
   87  chapter 491.
   88         31.30. Emergency medical technicians and paramedics, as
   89  provided under part III of chapter 401.
   90         Section 2. Part XVII of chapter 468, Florida Statutes,
   91  consisting of ss. 468.851-468.857, Florida Statutes, is created
   92  and entitled “Music Therapists.”
   93         Section 3. Section 468.851, Florida Statutes, is created to
   94  read:
   95         468.851 Purpose.—The Legislature finds that the practice of
   96  music therapy should be subject to regulation to ensure the
   97  highest degree of professional conduct and to guarantee the
   98  availability of music therapy services provided by qualified
   99  professionals. This part is intended to protect the public from
  100  unqualified music therapists.
  101         Section 4. Section 468.852, Florida Statutes, is created to
  102  read:
  103         468.852 Definitions.—As used in this part, the term:
  104         (1) “Advisory committee” means the Music Therapy Advisory
  105  Committee created under s. 468.853.
  106         (2) “Board-certified music therapist” means an individual
  107  who has completed the education and clinical training
  108  requirements established by the American Music Therapy
  109  Association and who holds current board certification from the
  110  Certification Board for Music Therapists.
  111         (3) “Director” means the director of the division.
  112         (4) “Division” means the Division of Medical Quality
  113  Assurance within the Department of Health.
  114         (5) “Music therapist” means a person licensed to practice
  115  music therapy pursuant to this part.
  116         (6) “Music therapy” means the clinical and evidence-based
  117  use of music interventions by a board-certified music therapist
  118  to accomplish individualized goals for people of all ages and
  119  ability levels within a therapeutic relationship. The term does
  120  not include the diagnosis or assessment of any physical, mental,
  121  or communication disorder.
  122         Section 5. Section 468.853, Florida Statutes, is created to
  123  read:
  124         468.853 Music Therapy Advisory Committee.
  125         (1) There is created within the division a Music Therapy
  126  Advisory Committee, which shall consist of five members.
  127         (a) The director of the division shall appoint the members
  128  of the advisory committee to 4-year terms. The advisory
  129  committee shall consist of persons familiar with the practice of
  130  music therapy and provide the director with expertise and
  131  assistance in carrying out his or her duties pursuant to this
  132  part. The director shall appoint three members who practice as
  133  music therapists in this state; one member who is a licensed
  134  health care provider and is not a music therapist; and one
  135  member who is a layperson.
  136         (b) Members serve without compensation.
  137         (c) Members may serve consecutive terms at the will of the
  138  director. Any vacancy shall be filled in the same manner as the
  139  regular appointment.
  140         (2) The advisory committee shall meet at least annually or
  141  as otherwise called by the director.
  142         (3) The director shall consult with the advisory committee
  143  before setting or changing fees required under this part.
  144         (4) The advisory committee shall provide analysis of
  145  disciplinary actions taken, appeals and denials, and license
  146  revocations at least annually.
  147         (5) The advisory committee may facilitate:
  148         (a) The development of materials that the director may use
  149  to educate the public concerning music therapist licensure, the
  150  benefits of music therapy, and the use of music therapy by
  151  individuals and within facilities or institutional settings.
  152         (b) Statewide dissemination of information between music
  153  therapists, the American Music Therapy Association or any
  154  successor organization, the Certification Board for Music
  155  Therapists or any successor organization, and the director.
  156         (6) The director shall consult with the advisory committee
  157  before rules are adopted or revised pursuant to this section.
  158         (7) The division may adopt rules to implement and
  159  administer this part.
  160         Section 6. Section 468.854, Florida Statutes, is created to
  161  read:
  162         468.854 Licensure requirements.—
  163         (1) After January 1, 2017, an individual who is not
  164  licensed as a music therapist may not use the title music
  165  therapist or a similar title and may not practice music
  166  therapy. This part may not be construed as prohibiting or
  167  restricting the practice, services, or activities of any of the
  168  following:
  169         (a) Any individual licensed, certified, or regulated under
  170  the laws of this state in another profession or occupation, or
  171  personnel supervised by a licensed professional in this state,
  172  performing work, including the use of music, incidental to the
  173  practice of his or her licensed, certified, or regulated
  174  profession or occupation, if that individual does not represent
  175  himself or herself as a music therapist.
  176         (b) Any individual whose training and national
  177  certification attests to the individual’s preparation and
  178  ability to practice his or her certified profession or
  179  occupation, if that individual does not represent himself or
  180  herself as a music therapist.
  181         (c) Any practice of music therapy as an integral part of a
  182  program of study for a student enrolled in an accredited music
  183  therapy program, if that student does not represent himself or
  184  herself as a music therapist.
  185         (d) Any individual who practices music therapy under the
  186  supervision of a licensed music therapist, if that individual
  187  does not represent himself or herself as a music therapist.
  188         (2) A music therapist may accept referrals for music
  189  therapy services from medical, developmental, mental health, or
  190  education professionals, family members, clients, or other
  191  caregivers.
  192         (3) A music therapist must:
  193         (a) Before providing music therapy services to a client for
  194  an identified clinical or developmental need, collaborate, as
  195  applicable, with the primary care provider to review the
  196  client’s diagnosis, treatment needs, and treatment plan;
  197         (b) During the provision of music therapy services to a
  198  client, collaborate, as applicable, with the client’s treatment
  199  team;
  200         (c) Conduct a music therapy assessment of a client to
  201  determine if treatment is indicated and, if treatment is
  202  indicated, must collect systematic, comprehensive, and accurate
  203  information to determine the appropriateness and type of music
  204  therapy services to provide for the client;
  205         (d) Develop an individualized music therapy treatment plan
  206  for the client which is based upon the results of the music
  207  therapy assessment. Such treatment plan must include
  208  individualized goals and objectives that focus on the assessed
  209  needs and strengths of the client and must specify music therapy
  210  approaches and interventions to be used to address these goals
  211  and objectives;
  212         (e) Implement an individualized music therapy treatment
  213  plan that is consistent with any other developmental,
  214  rehabilitative, habilitative, medical, mental health,
  215  preventive, wellness care, or educational services being
  216  provided to the client;
  217         (f) Evaluate the client’s response to music therapy and the
  218  music therapy treatment plan, documenting change and progress
  219  and suggesting modifications, as appropriate;
  220         (g) Develop a plan for determining whether music therapy
  221  services continue to be needed. In making this determination,
  222  the music therapist shall collaborate with the client, the
  223  client’s physician or other provider of health care or education
  224  to the client and family members of the client, and any other
  225  appropriate person upon whom the client relies for support;
  226         (h) Minimize any barriers to ensure that the client
  227  receives music therapy services in the least restrictive
  228  environment;
  229         (i) Collaborate with and educate the client and the
  230  client’s family, the caregiver of the client, or any other
  231  appropriate person regarding the needs of the client which are
  232  being addressed in music therapy and the manner in which the
  233  music therapy treatment addresses those needs; and
  234         (j) Use appropriate knowledge and skills to inform
  235  practice, including the use of research, reasoning, and problem
  236  solving skills to determine appropriate actions in the context
  237  of each specific clinical setting.
  238         Section 7. Section 468.855, Florida Statutes, is created to
  239  read:
  240         468.855 Issuance of licenses.—
  241         (1) The division shall issue a music therapist license to
  242  an applicant who submits an application, on a form and in the
  243  manner approved by the division; applicable fees; and evidence
  244  satisfactory to the division that:
  245         (a) The applicant is at least 18 years of age;
  246         (b) The applicant holds a bachelor’s degree or higher in
  247  music therapy, or its equivalent, from a program approved by the
  248  American Music Therapy Association or any successor organization
  249  within an accredited college or university;
  250         (c) The applicant successfully completed a minimum of 1,200
  251  hours of clinical training, with at least 180 hours in pre
  252  internship experiences and at least 900 hours in internship
  253  experiences in an internship approved by an academic
  254  institution, the American Music Therapy Association or any
  255  successor organization, or both;
  256         (d) The applicant is in good standing based on a review of
  257  the applicant’s music therapy licensure history in other
  258  jurisdictions, including a review of any alleged misconduct or
  259  neglect in the practice of music therapy on the part of the
  260  applicant; and
  261         (e) The applicant provides proof of passing the examination
  262  for board certification offered by the Certification Board for
  263  Music Therapists or any successor organization or provides proof
  264  of being transitioned into board certification, and provides
  265  proof that the applicant is currently a board-certified music
  266  therapist.
  267         (2) The division shall issue a license to an applicant for
  268  a music therapy license when the applicant completes and submits
  269  an application upon a form and in such manner as the division
  270  prescribes, accompanied by applicable fees and evidence
  271  satisfactory to the division that the applicant is licensed and
  272  in good standing as a music therapist in another jurisdiction
  273  where the qualifications required are equal to or greater than
  274  those required in this part at the date of application.
  275         (3) The division shall waive the examination requirement
  276  until January 1, 2020, for an applicant who is designated as a
  277  registered music therapist, certified music therapist, or
  278  advanced certified music therapist and who is in good standing
  279  with the National Music Therapy Registry.
  280         (4) Fees collected pursuant to this part shall be deposited
  281  into the Medical Quality Assurance Trust Fund as provided under
  282  s. 456.025.
  283         Section 8. Section 468.856, Florida Statutes, is created to
  284  read:
  285         468.856 Licensure renewal.—
  286         (1) A license issued under this part must be renewed
  287  biennially. A license shall be renewed upon payment of a renewal
  288  fee if the applicant is in compliance with this part at the time
  289  application for renewal is made.
  290         (2) To renew a license the licensee must provide:
  291         (a) Proof of maintenance of status as a board-certified
  292  music therapist; and
  293         (b) Proof of completion of a minimum of 40 hours of
  294  continuing education in a program approved by the Certification
  295  Board of Music Therapists or any successor organization, and any
  296  other continuing education requirements established by the
  297  division.
  298         (3) A licensee shall inform the division of any changes to
  299  his or her address.
  300         (4) Failure to renew a license results in forfeiture of the
  301  license. Licenses that have been forfeited may be restored
  302  within 1 year after the expiration date upon payment of renewal
  303  and restoration fees. Failure to restore a forfeited license
  304  within 1 year after the date of its expiration results in the
  305  automatic termination of the license, and the division may
  306  require the individual to reapply for licensure as a new
  307  applicant.
  308         (5) Upon the written request of a licensee, the division
  309  may place an active license on inactive status, subject to an
  310  inactive status fee established by the division. The licensee,
  311  upon request and payment of the inactive license fee, may
  312  continue on inactive status for a period up to 2 years. An
  313  inactive license may be reactivated at any time by making a
  314  written request to the division and by fulfilling the
  315  requirements established by the division.
  316         Section 9. Section 468.857, Florida Statutes, is created to
  317  read:
  318         468.857 Disciplinary grounds and actions.—
  319         (1) The following acts constitute violations of this part:
  320         (a) Falsification of information submitted in connection
  321  with licensure or failure to maintain status as a board
  322  certified music therapist.
  323         (b) Failure to timely pay fees.
  324         (c) Failure to provide requested information in a timely
  325  manner.
  326         (d) Conviction of a felony.
  327         (e) Conviction of any crime that reflects an inability to
  328  practice music therapy with due regard for the health and safety
  329  of clients and patients, or with due regard for the truth in
  330  filing claims with Medicare, Medicaid, or any third-party payor.
  331         (f) Inability or failure to practice music therapy with
  332  reasonable skill and consistent with the welfare of clients and
  333  patients, including, but not limited to, negligence in the
  334  practice of music therapy; intoxication; incapacity; and abuse
  335  of or engaging in sexual contact with a client or patient.
  336         (g) Any related disciplinary action by another
  337  jurisdiction.
  338         (2) The division may conduct investigations into alleged
  339  violations of this section.
  340         (3) The division may impose one or more of the following
  341  sanctions for a violation of this part:
  342         (a) Suspension of a license.
  343         (b) Revocation of a license.
  344         (c) Denial of a license.
  345         (d) Refusal to renew a license.
  346         (e) Probation with conditions.
  347         (f) Reprimand.
  348         (g) A fine of at least $100, but not more than $1,000, for
  349  each violation.
  350         Section 10. This act shall take effect July 1, 2016.