Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 204 Ì6763265Î676326 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/19/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Braynon) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 491.017, Florida Statutes, is created to 6 read: 7 491.017 Registration 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. 50 (4) RESPONSIBILITIES OF A MUSIC THERAPIST.—A music 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. 127 128 129 ================= 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.