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. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 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 22 468.85 Registration 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. 65 (4) RESPONSIBILITIES OF A MUSIC THERAPIST.—A music 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.