Florida Senate - 2016                              CS for SB 204
       By the Committee on Health Policy; and Senator Clemens
       588-02319-16                                           2016204c1
    1                        A bill to be entitled                      
    2         An act relating to music therapists; creating s.
    3         491.017, F.S.; providing legislative intent; providing
    4         definitions; establishing requirements for
    5         registration as a music therapist; providing
    6         responsibilities of a music therapist; requiring
    7         biennial renewal of registration; prohibiting the
    8         practice of music therapy unless the therapist is
    9         registered; providing exemptions to registration;
   10         authorizing the Department of Health to adopt rules
   11         and take disciplinary action against an applicant or
   12         registrant who violates the act; providing an
   13         effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Section 491.017, Florida Statutes, is created to
   18  read:
   19         491.017Registration of music therapists.—
   20         (1)LEGISLATIVE INTENT.—It is the intent of this section to
   21  recognize that music therapy affects the health, safety, and
   22  welfare of the public, and that the practice of music therapy
   23  should be subject to regulation to protect the public from the
   24  practice of music therapy by unregistered persons.
   25         (2)DEFINITIONS.—As used in this section, the term:
   26         (a)“Board-certified music therapist” means a person who
   27  has completed the education and clinical training requirements
   28  established by the American Music Therapy Association and who
   29  holds current board certification from the national
   30  Certification Board for Music Therapists.
   31         (b)“Music therapist” means a person registered to practice
   32  music therapy pursuant to this section.
   33         (c)“Music therapy” means the clinical and evidence-based
   34  use of music interventions by a board-certified music therapist
   35  to accomplish individualized goals for people of all ages and
   36  ability levels within a therapeutic relationship. The music
   37  therapy interventions may include music improvisation, receptive
   38  music listening, song writing, lyric discussion, music and
   39  imagery, singing, music performance, learning through music,
   40  music combined with other arts, music-assisted relaxation,
   41  music-based patient education, electronic music technology,
   42  adapted music intervention, and movement to music. The practice
   43  of music therapy does not include the diagnosis or assessment of
   44  any physical, mental, or communication disorder.
   45         (3)REGISTRATION.—
   46         (a)The department shall register an applicant as a music
   47  therapist when the applicant submits to the department:
   48         1.A completed application form issued by the department;
   49         2.Application and registration fees; and
   50         3.Proof of passing the examination for board certification
   51  offered by the national Certification Board for Music
   52  Therapists, or any successor organization, or proof of being
   53  transitioned into board certification, and provides proof that
   54  the applicant is currently a board-certified music therapist.
   55         (b)A registration issued under this section must be
   56  renewed biennially by submitting to the department a renewal fee
   57  and proof that the applicant holds an active certificate as a
   58  board-certified music therapist.
   59         (c)A registrant shall inform the department within 10 days
   60  after a change of the registrant’s address or a change in the
   61  registrant’s status as a board-certified music therapist.
   63  therapist is authorized to:
   64         (a)Accept referrals for music therapy services from
   65  medical, developmental, mental health, or education
   66  professionals; family members; clients; caregivers; or other
   67  persons authorized to provide client services.
   68         (b)Collaborate with a client’s primary care provider to
   69  review the client’s diagnosis, treatment needs, and treatment
   70  plan before providing services to a client with an identified
   71  clinical or developmental need or collaborate with the client’s
   72  treatment team while providing music therapy services to the
   73  client.
   74         (c)Conduct a music therapy assessment of a client to
   75  determine if treatment is indicated and, if treatment is
   76  indicated, collect systematic, comprehensive, and accurate
   77  information to determine the appropriateness and type of music
   78  therapy services to provide for the client.
   79         (d)Develop an individualized music therapy treatment plan,
   80  including individualized goals, objectives, and specific music
   81  therapy approaches or interventions, for the client that is
   82  based on the results of the music therapy assessment and is
   83  consistent with any other developmental, rehabilitative,
   84  habilitative, medical, mental health, preventive, wellness, or
   85  educational services being provided to the client.
   86         (e)Evaluate the client’s response to music therapy and the
   87  music therapy treatment plan, documenting change and progress
   88  and suggesting modifications, as appropriate.
   89         (f)Develop a plan for determining when music therapy
   90  services are no longer needed, in collaboration with the client
   91  and the client’s physician or other provider of health care or
   92  education to the client, family members of the client, and any
   93  other appropriate person upon whom the client relies for
   94  support.
   95         (g)Minimize barriers to ensure that the client receives
   96  music therapy services in the least restrictive environment.
   97         (h)Collaborate with and educate the client and the
   98  client’s family members, caregivers, and any other appropriate
   99  persons regarding the needs of the client that are being
  100  addressed in music therapy and the manner in which the music
  101  therapy treatment addresses those needs.
  102         (i)Use appropriate knowledge and skills to inform
  103  practice, including the use of research, reasoning, and problem
  104  solving skills to determine appropriate actions in the context
  105  of each specific clinical setting.
  106         (5)PROHIBITED ACTS; EXEMPTIONS.—A person may not practice
  107  music therapy or represent himself or herself as being able to
  108  practice music therapy in this state unless the person is
  109  registered pursuant to this section. This section does not
  110  prohibit or restrict the practice, services, or activities of
  111  the following:
  112         (a)A person licensed, certified, or regulated under the
  113  laws of this state in another profession or occupation, or
  114  personnel supervised by a licensed professional in this state
  115  performing work, including the use of music, incidental to the
  116  practice of his or her licensed, certified, or regulated
  117  profession or occupation, if that person does not represent
  118  himself or herself as a music therapist;
  119         (b)A person whose training and national certification
  120  attests to the person’s preparation and ability to practice his
  121  or her certified profession or occupation, if that person does
  122  not represent himself or herself as a music therapist;
  123         (c)Any practice of music therapy as an integral part of a
  124  program of study for students enrolled in an accredited music
  125  therapy program, if the student does not represent himself or
  126  herself as a music therapist; or
  127         (d)A person who practices music therapy under the
  128  supervision of a registered music therapist, if the person does
  129  not represent himself or herself as a music therapist.
  130         (6)DEPARTMENT AUTHORITY.—
  131         (a)The department is authorized to establish application,
  132  registration, and renewal fees estimated necessary to implement
  133  the provisions of this section, but each fee may not exceed $50.
  134         (b)The department is authorized to adopt rules to
  135  implement this section.
  136         (c)The department may deny or revoke registration or
  137  renewal of registration for violations of this section.
  138         Section 2. This act shall take effect July 1, 2016.