Florida Senate - 2017 SB 562
By Senator Campbell
38-00806A-17 2017562__
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 registered; providing
9 exemptions to registration; authorizing the Department
10 of Health to adopt rules, to establish application,
11 registration, and renewal fees, and to take
12 disciplinary action against an applicant or registrant
13 who violates the act; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 491.017, Florida Statutes, is created to
18 read:
19 491.017 Registration 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 on a form issued by the
49 department;
50 2. Application and registration fees; and
51 3. Proof of passing the examination for board certification
52 offered by the national Certification Board for Music
53 Therapists, or any successor organization, or proof of being
54 transitioned into board certification and provides proof that
55 the applicant is currently a board-certified music therapist.
56 (b) A registration issued under this section must be
57 renewed biennially by submitting to the department a renewal fee
58 and proof that the applicant holds an active certificate as a
59 board-certified music therapist.
60 (c) A registrant shall inform the department within 10 days
61 after a change of the registrant’s address or a change in the
62 registrant’s status as a board-certified music therapist.
63 (4) RESPONSIBILITIES OF A MUSIC THERAPIST.—A music
64 therapist is authorized to:
65 (a) Accept referrals for music therapy services from
66 medical, developmental, mental health, or education
67 professionals; family members; clients; caregivers; or other
68 persons authorized to provide client services.
69 (b) Collaborate with a client’s primary care provider to
70 review the client’s diagnosis, treatment needs, and treatment
71 plan before providing services to a client with an identified
72 clinical or developmental need or collaborate with the client’s
73 treatment team while providing music therapy services to the
74 client.
75 (c) Conduct a music therapy assessment of a client to
76 determine if treatment is indicated and, if treatment is
77 indicated, collect systematic, comprehensive, and accurate
78 information to determine the appropriateness and type of music
79 therapy services to provide for the client.
80 (d) Develop an individualized music therapy treatment plan,
81 including individualized goals, objectives, and specific music
82 therapy approaches or interventions, for the client that is
83 based on the results of the music therapy assessment and is
84 consistent with any other developmental, rehabilitative,
85 habilitative, medical, mental health, preventive, wellness, or
86 educational services being provided to the client.
87 (e) Evaluate the client’s response to music therapy and the
88 music therapy treatment plan, documenting change and progress
89 and suggesting modifications, as appropriate.
90 (f) Develop a plan for determining when music therapy
91 services are no longer needed, in collaboration with the client
92 and the client’s physician or other provider of health care or
93 education to the client, family members of the client, and any
94 other appropriate person upon whom the client relies for
95 support.
96 (g) Minimize barriers to ensure that the client receives
97 music therapy services in the least restrictive environment.
98 (h) Collaborate with and educate the client and the
99 client’s family members, caregivers, and any other appropriate
100 persons regarding the needs of the client which are being
101 addressed in music therapy and the manner in which the music
102 therapy treatment addresses those needs.
103 (i) Use appropriate knowledge and skills to inform
104 practice, including the use of research, reasoning, and problem
105 solving skills to determine appropriate actions in the context
106 of each specific clinical setting.
107 (5) PROHIBITED ACTS; EXEMPTIONS.—A person may not practice
108 music therapy or represent himself or herself as being able to
109 practice music therapy in this state unless the person is
110 registered pursuant to this section. This section does not
111 prohibit or restrict the practice, services, or activities of
112 the following:
113 (a) A person licensed, certified, or regulated under the
114 laws of this state in another profession or occupation, or
115 personnel supervised by a licensed professional in this state
116 performing work, including the use of music, incidental to the
117 practice of his or her licensed, certified, or regulated
118 profession or occupation, if that person does not represent
119 himself or herself as a music therapist;
120 (b) A person whose training and national certification
121 attests to the person’s preparation and ability to practice his
122 or her certified profession or occupation, if that person does
123 not represent himself or herself as a music therapist;
124 (c) Any practice of music therapy as an integral part of a
125 program of study for students enrolled in an accredited music
126 therapy program, if the student does not represent himself or
127 herself as a music therapist; or
128 (d) A person who practices music therapy under the
129 supervision of a registered music therapist, if the person does
130 not represent himself or herself as a music therapist.
131 (6) DEPARTMENT AUTHORITY.—
132 (a) The department is authorized to establish application,
133 registration, and renewal fees estimated necessary to implement
134 this section, but each fee may not exceed $50.
135 (b) The department is authorized to adopt rules to
136 implement this section.
137 (c) The department may deny or revoke registration or
138 renewal of registration for violations of this section.
139 Section 2. This act shall take effect July 1, 2017.