Florida Senate - 2016                       CS for CS for SB 204
       By the Committees on Fiscal Policy; and Health Policy; and
       Senator Clemens
       594-03747-16                                           2016204c2
    1                        A bill to be entitled                      
    2         An act relating to music therapists; creating part
    3         XVII of ch. 468, F.S.; creating s. 468.85, F.S.;
    4         providing legislative intent; providing definitions;
    5         establishing requirements for registration as a music
    6         therapist; providing responsibilities of a music
    7         therapist; requiring biennial renewal of registration;
    8         prohibiting the practice of music therapy unless the
    9         therapist is registered; providing exemptions to
   10         registration; authorizing the Department of Health to
   11         adopt rules and take disciplinary action against an
   12         applicant or registrant who violates the act;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Part XVII of chapter 468, Florida Statutes,
   18  consisting of section 468.85, Florida Statutes, is created to
   19  read:
   20                              PART XVII                            
   21                          MUSIC THERAPISTS                         
   22         468.85Registration of music therapists.
   23         (1)LEGISLATIVE INTENT.—It is the intent of this section to
   24  recognize that music therapy affects the health, safety, and
   25  welfare of the public, and that the practice of music therapy
   26  should be subject to regulation to protect the public from the
   27  practice of music therapy by unregistered persons.
   28         (2)DEFINITIONS.—As used in this section, the term:
   29         (a)“Board-certified music therapist” means a person who
   30  has completed the education and clinical training requirements
   31  established by the American Music Therapy Association and who
   32  holds current board certification from the national
   33  Certification Board for Music Therapists.
   34         (b)“Music therapist” means a person registered to practice
   35  music therapy pursuant to this section.
   36         (c)“Music therapy” means the clinical and evidence-based
   37  use of music interventions by a board-certified music therapist
   38  to accomplish individualized goals for people of all ages and
   39  ability levels within a therapeutic relationship. The music
   40  therapy interventions may include music improvisation, receptive
   41  music listening, song writing, lyric discussion, music and
   42  imagery, singing, music performance, learning through music,
   43  music combined with other arts, music-assisted relaxation,
   44  music-based patient education, electronic music technology,
   45  adapted music intervention, and movement to music. The practice
   46  of music therapy does not include the diagnosis or assessment of
   47  any physical, mental, or communication disorder.
   48         (3)REGISTRATION.—
   49         (a)The department shall register an applicant as a music
   50  therapist when the applicant submits to the department:
   51         1.A completed application form issued by the department;
   52         2.Application and registration fees; and
   53         3.Proof of passing the examination for board certification
   54  offered by the national Certification Board for Music
   55  Therapists, or any successor organization, or proof of being
   56  transitioned into board certification, and provides proof that
   57  the applicant is currently a board-certified music therapist.
   58         (b)A registration issued under this section must be
   59  renewed biennially by submitting to the department a renewal fee
   60  and proof that the applicant holds an active certificate as a
   61  board-certified music therapist.
   62         (c)A registrant shall inform the department within 10 days
   63  after a change of the registrant’s address or a change in the
   64  registrant’s status as a board-certified music therapist.
   66  therapist is authorized to:
   67         (a)Accept referrals for music therapy services from
   68  medical, developmental, mental health, or education
   69  professionals; family members; clients; caregivers; or other
   70  persons authorized to provide client services.
   71         (b)Collaborate with a client’s primary care provider to
   72  review the client’s diagnosis, treatment needs, and treatment
   73  plan before providing services to a client with an identified
   74  clinical or developmental need or collaborate with the client’s
   75  treatment team while providing music therapy services to the
   76  client.
   77         (c)Conduct a music therapy assessment of a client to
   78  determine if treatment is indicated and, if treatment is
   79  indicated, collect systematic, comprehensive, and accurate
   80  information to determine the appropriateness and type of music
   81  therapy services to provide for the client.
   82         (d)Develop an individualized music therapy treatment plan,
   83  including individualized goals, objectives, and specific music
   84  therapy approaches or interventions, for the client that is
   85  based on the results of the music therapy assessment and is
   86  consistent with any other developmental, rehabilitative,
   87  habilitative, medical, mental health, preventive, wellness, or
   88  educational services being provided to the client.
   89         (e)Evaluate the client’s response to music therapy and the
   90  music therapy treatment plan, documenting change and progress
   91  and suggesting modifications, as appropriate.
   92         (f)Develop a plan for determining when music therapy
   93  services are no longer needed, in collaboration with the client
   94  and the client’s physician or other provider of health care or
   95  education to the client, family members of the client, and any
   96  other appropriate person upon whom the client relies for
   97  support.
   98         (g)Minimize barriers to ensure that the client receives
   99  music therapy services in the least restrictive environment.
  100         (h)Collaborate with and educate the client and the
  101  client’s family members, caregivers, and any other appropriate
  102  persons regarding the needs of the client that are being
  103  addressed in music therapy and the manner in which the music
  104  therapy treatment addresses those needs.
  105         (i)Use appropriate knowledge and skills to inform
  106  practice, including the use of research, reasoning, and problem
  107  solving skills to determine appropriate actions in the context
  108  of each specific clinical setting.
  109         (5)PROHIBITED ACTS; EXEMPTIONS.—A person may not practice
  110  music therapy or represent himself or herself as being able to
  111  practice music therapy in this state unless the person is
  112  registered pursuant to this section. This section does not
  113  prohibit or restrict the practice, services, or activities of
  114  the following:
  115         (a)A person licensed, certified, or regulated under the
  116  laws of this state in another profession or occupation, or
  117  personnel supervised by a licensed professional in this state
  118  performing work, including the use of music, incidental to the
  119  practice of his or her licensed, certified, or regulated
  120  profession or occupation, if that person does not represent
  121  himself or herself as a music therapist;
  122         (b)A person whose training and national certification
  123  attests to the person’s preparation and ability to practice his
  124  or her certified profession or occupation, if that person does
  125  not represent himself or herself as a music therapist;
  126         (c)Any practice of music therapy as an integral part of a
  127  program of study for students enrolled in an accredited music
  128  therapy program, if the student does not represent himself or
  129  herself as a music therapist; or
  130         (d)A person who practices music therapy under the
  131  supervision of a registered music therapist, if the person does
  132  not represent himself or herself as a music therapist.
  133         (6)DEPARTMENT AUTHORITY.—
  134         (a)The department is authorized to establish application,
  135  registration, and renewal fees estimated necessary to implement
  136  the provisions of this section, but each fee may not exceed $50.
  137         (b)The department is authorized to adopt rules to
  138  implement this section.
  139         (c)The department may deny or revoke registration or
  140  renewal of registration for violations of this section.
  141         Section 2. This act shall take effect July 1, 2016.