Florida Senate - 2026 SB 478
By Senator Smith
17-00366A-26 2026478__
1 A bill to be entitled
2 An act relating to music therapy; creating part XVII
3 of ch. 468, F.S., entitled “Music Therapy”; creating
4 s. 468.8501, F.S.; defining terms; creating s.
5 468.8502, F.S.; creating the Music Therapy Advisory
6 Committee within the Department of Health for a
7 specified purpose; providing for membership and
8 meetings of the committee; authorizing the committee
9 to facilitate the development of certain materials and
10 act as a facilitator of statewide dissemination of
11 information between certain entities; requiring the
12 committee to provide an annual analysis of certain
13 licensure data; requiring the department to seek the
14 advice of the committee on issues relating to music
15 therapy; providing for future legislative review and
16 repeal of the committee; creating s. 468.8503, F.S.;
17 requiring the department to issue a license to
18 practice as a professional music therapist to
19 applicants meeting specified criteria; providing for
20 licensure by endorsement; providing for licensure
21 renewal; providing that licensees are responsible for
22 the timely renewal of their licenses; requiring
23 licensees to inform the department of any change in
24 their address within a specified timeframe; providing
25 for expiration and termination of licenses; requiring
26 the department to place an active license on an
27 inactive status upon written request of a licensee;
28 authorizing a license to remain on inactive status for
29 a specified timeframe; providing for reactivation of
30 such licenses; creating s. 468.8504, F.S.; specifying
31 collaboration requirements for licensees engaging in
32 the practice of music therapy; providing construction;
33 creating s. 468.8505, F.S.; beginning on a specified
34 date, prohibiting unlicensed individuals from using
35 specified titles related to the practice of music
36 therapy; providing exceptions; authorizing unlicensed
37 individuals meeting specified criteria to practice
38 without a license under the supervision of a licensed
39 professional music therapist for a specified
40 timeframe; creating s. 468.8506, F.S.; providing
41 grounds for disciplinary action; authorizing the
42 department to conduct investigations of alleged
43 misconduct; providing administrative penalties;
44 creating s. 468.8507, F.S.; requiring the department
45 to adopt rules by a specified date; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Part XVII of chapter 468, Florida Statutes,
51 consisting of ss. 468.8501-468.8507, Florida Statutes, is
52 created and entitled “Music Therapy.”
53 Section 2. Section 468.8501, Florida Statutes, is created
54 to read:
55 468.8501 Definitions.—As used in this part, the term:
56 (1) “Advisory committee” means the Music Therapy Advisory
57 Committee.
58 (2) “Board-certified music therapist” means an individual
59 who holds current board certification from the Certification
60 Board for Music Therapists.
61 (3) “Department” means the Department of Health.
62 (4) “Licensed professional music therapist” means a person
63 licensed under this part to practice music therapy.
64 (5) “Practice of music therapy” means clinical and
65 evidence-based music interventions used by a board-certified
66 music therapist within a therapeutic relationship to accomplish
67 individualized goals for people of all ages and ability levels.
68 The term includes all of the following:
69 (a) Accepting referrals for music therapy services from
70 medical, developmental, mental health, or education
71 professionals; family members; clients; caregivers; or other
72 professionals authorized to provide client services.
73 (b) Conducting music therapy assessments of clients to
74 determine whether treatment is indicated. If treatment is
75 indicated, the term includes the collection of systematic,
76 comprehensive, and accurate information to determine the
77 appropriateness and type of music therapy services to provide
78 for the client.
79 (c) Development of music therapy treatment plans
80 individualized to the needs and strengths of the specific
81 client, who may be seen individually or in groups, based upon
82 the results of the music therapy assessment as well as the
83 goals, objectives, and potential strategies for music therapy
84 services to achieve such goals in a manner appropriate for the
85 client and setting.
86 (d) Use of interventions such as music improvisation,
87 receptive music listening, song writing, lyric discussion, music
88 and imagery, singing, music performance, learning through music,
89 music combined with other arts, music-assisted relaxation,
90 music-based patient education, electronic music technology,
91 adapted music intervention, and movement to music.
92 (e) Implementing an individualized music therapy treatment
93 plan consistent with any other developmental, rehabilitative,
94 habilitative, medical, mental health, preventive, wellness care,
95 or educational services being provided to the client.
96 (f) Evaluating the client’s response to music therapy and
97 the music therapy treatment plan, documenting changes and
98 progress, and suggesting modifications, as appropriate.
99 (g) Developing a plan, in collaboration with the client, a
100 physician or other provider of health care or education to the
101 client, family members of the client, and any other appropriate
102 person upon whom the client relies for support, for determining
103 when the provision of music therapy services is no longer
104 needed.
105 (h) Minimizing any barriers to ensure that the client
106 receives music therapy services in the least restrictive
107 environment.
108 (i) Collaborating with and educating the client and the
109 family, caregiver of the client, or any other appropriate person
110 regarding the needs of the client which are being addressed in
111 music therapy and the manner in which the music therapy
112 treatment addresses those needs.
113 (j) Using appropriate knowledge and skills to inform
114 practice, including use of research, reasoning, and problem
115 solving skills to determine appropriate actions in the context
116 of each specific clinical setting.
117
118 The term does not include the screening, diagnosis, or
119 assessment of any physical, mental, or communication disorder.
120 Section 3. Section 468.8502, Florida Statutes, is created
121 to read:
122 468.8502 Music Therapy Advisory Committee.—
123 (1) There is created within the department the Music
124 Therapy Advisory Committee to advise the department on its
125 duties under this part.
126 (2) The committee shall consist of five members appointed
127 by the State Surgeon General to serve staggered 4-year terms.
128 (a) Members must be familiar with the practice of music
129 therapy in order to serve on the committee. Three members must
130 be licensed professional music therapists under this part, one
131 member must be a licensed health care practitioner who is not a
132 licensed professional music therapist, and one member must be a
133 consumer. The initial appointments to the committee shall
134 consist of three music therapists who are not licensed under
135 this part but who have been engaged in their respective
136 practices for at least 3 years preceding the appointment. Once
137 licensing under this part is implemented, music therapists
138 appointed to the committee must hold the requisite license.
139 (b) Members may serve consecutive terms at the will of the
140 State Surgeon General. Any vacancy shall be filled in the same
141 manner as the original appointment.
142 (c) Members shall serve without compensation but are
143 entitled to reimbursement for per diem and travel expenses
144 pursuant to s. 112.061.
145 (3) The committee shall meet at least once per year and
146 upon the call of the State Surgeon General.
147 (4) The committee may facilitate the development of
148 materials that the department may use to educate the public
149 concerning professional music therapist licensure, the benefits
150 of music therapy, and the use of music therapy by individuals
151 and in facilities or institutional settings.
152 (5) The committee may act as a facilitator of statewide
153 dissemination of information between music therapists, the
154 American Music Therapy Association or any successor
155 organization, the Certification Board for Music Therapists or
156 any successor organization, and the department.
157 (6) The committee shall provide analysis of disciplinary
158 actions taken, appeals and denials, or revocation of licenses at
159 least once per year.
160 (7) The department shall seek the advice of the committee
161 for issues related to music therapy which come before the
162 department.
163 (8) In accordance with s. 20.052(8), this section is
164 repealed October 2, 2029, unless reviewed and saved from repeal
165 through reenactment by the Legislature.
166 Section 4. Section 468.8503, Florida Statutes, is created
167 to read:
168 468.8503 Licensure of music therapists.—
169 (1) The department shall issue a license to practice as a
170 professional music therapist to an applicant who meets all of
171 the following requirements:
172 (a) Has submitted a completed application in a form and
173 manner prescribed by department rule.
174 (b) Is at least 18 years of age.
175 (c) Holds a minimum of a bachelor’s degree in a music
176 therapy program, or its equivalent, including clinical training
177 hours, from an accredited college or university.
178 (d) If applicable, is in good standing based on a review of
179 the applicant’s music therapy licensure history in other
180 jurisdictions, including a review of any alleged misconduct or
181 negligence in the practice of music therapy on the part of the
182 applicant.
183 (e) Provides proof of passing the examination for board
184 certification offered by the Certification Board for Music
185 Therapists or its successor organization and provides proof that
186 the applicant is currently a board-certified music therapist or
187 in the process of being transitioned to board-certified status.
188 (2) The department shall issue a license by endorsement to
189 practice as a professional music therapist to an applicant who
190 has submitted a completed application in a form and manner as
191 prescribed by department rule and provides evidence satisfactory
192 to the department that he or she is licensed and in good
193 standing as a music therapist in another jurisdiction and that
194 the qualifications required for licensure in that jurisdiction
195 are equal to or greater than those required by this part at the
196 date of application.
197 (3) Professional music therapist licenses must be renewed
198 biennially. Each licensee is responsible for timely renewal of
199 his or her license. The department shall renew a professional
200 music therapist license upon submission of a renewal application
201 and proof of maintenance of the applicant’s status as a board
202 certified music therapist. The department may not renew a
203 license if the applicant is in violation of any provision of
204 this part at the time of application for renewal.
205 (4) A licensee shall inform the department of any changes
206 to his or her address within 30 days after the change.
207 (5) Failure to renew a license shall result in expiration
208 of the license. Expired licenses may be restored within 1 year
209 after the expiration date. Failure to restore an expired license
210 within 1 year after the date of its expiration results in the
211 automatic termination of the license, after which the individual
212 must reapply for a new license in order to practice under this
213 part.
214 (6) Upon written request of a licensee, the department
215 shall place an active license on an inactive status. The
216 licensee, upon request, may continue on inactive status for a
217 period up to 2 years. An inactive license may be reactivated at
218 any time by making a written request to the department and by
219 fulfilling the applicable requirements for licensure under this
220 section.
221 Section 5. Section 468.8504, Florida Statutes, is created
222 to read:
223 468.8504 Practice standards; collaboration.—
224 (1) Before a licensed professional music therapist provides
225 music therapy services to a client for an identified clinical or
226 developmental need, the licensee shall review the client’s
227 diagnosis, treatment needs, and treatment plan with the health
228 care providers involved in the client’s care. Before a licensed
229 professional music therapist provides music therapy services to
230 a student for an identified educational need in a special
231 education setting, the licensee shall review with the
232 individualized family service plan team or individualized
233 education program team the student’s diagnosis, treatment needs,
234 and treatment plan.
235 (2) During the provision of music therapy services to a
236 client, the licensed professional music therapist shall
237 collaborate, as applicable, with the client’s treatment team,
238 including the client’s physician, psychologist, licensed
239 clinical social worker, or other mental health professional, if
240 any.
241 (3) During the provision of music therapy services to a
242 client with a communication disorder, the licensed professional
243 music therapist shall collaborate and discuss the music therapy
244 treatment plan with the client’s audiologist or speech-language
245 pathologist so that the music therapist may work with the client
246 and address communication skills. When providing educational or
247 health care services, a licensed professional music therapist
248 may not replace the services provided by an audiologist or a
249 speech-language pathologist. Unless authorized to practice
250 speech-language pathology, music therapists may not evaluate,
251 examine, instruct, or counsel on speech, language,
252 communication, and swallowing disorders and conditions. An
253 individual licensed as a professional music therapist may not
254 represent to the public that the individual is authorized to
255 treat a communication disorder. This subsection does not
256 prohibit an individual licensed as a professional music
257 therapist from representing to the public that the individual
258 may work with clients who have a communication disorder and
259 address communication skills.
260 Section 6. Section 468.8505, Florida Statutes, is created
261 to read:
262 468.8505 Unlicensed practice prohibited; exemptions.—
263 (1) Beginning January 1, 2027, a person without a license
264 as a professional music therapist is prohibited from using the
265 title “music therapist,” “licensed professional music
266 therapist,” or similar title to practice music therapy. This
267 section may not be construed to prohibit or restrict any of the
268 following:
269 (a) A person licensed, certified, or regulated under the
270 laws of this state in another profession or occupation,
271 including, but not limited to, physicians, psychologists,
272 psychoanalysts, registered nurses, marriage and family
273 therapists, mental health counselors, social workers,
274 occupational therapists, speech-language pathologists or
275 audiologists, or personnel supervised by a licensed
276 professional, performing work, including the use of music,
277 incidental to the practice of his or her licensed, certified, or
278 regulated profession or occupation, if that person does not
279 represent himself or herself as a professional music therapist.
280 (b) The practice of a person whose training and national
281 certification attests to the individual’s preparation and
282 ability to practice his or her certified profession or
283 occupation, if that person does not represent himself or herself
284 as a professional music therapist.
285 (c) Any practice of music therapy as an integral part of a
286 program of study for students enrolled in an accredited music
287 therapy program, if the student does not represent himself or
288 herself as a professional music therapist.
289 (2) A person who is not a licensed professional music
290 therapist may provide music therapy under the supervision of a
291 licensed professional music therapist for a period not to exceed
292 180 days after the start of practice if:
293 (a) The person’s application to obtain board certification
294 is pending; and
295 (b) The person meets the remaining requirements for
296 licensure under this part.
297 Section 7. Section 468.8506, Florida Statutes, is created
298 to read:
299 468.8506 Discipline.—
300 (1) The following acts constitute grounds for denial of a
301 license or for disciplinary action, as applicable:
302 (a) Failing to comply with the requirements for licensure,
303 including, but not limited to, failing to maintain board
304 certification as a music therapist; failing to provide updated
305 information to the department in a timely manner; or making
306 misleading, untrue, deceptive, or fraudulent representations on
307 an initial or renewal licensure application.
308 (b) Failing to provide requested information to the
309 department in a timely manner.
310 (c) Being convicted of a felony.
311 (d) Being convicted of any crime that reflects an inability
312 to practice music therapy with due regard for the health and
313 safety of clients and patients or with due regard for the truth
314 in filing claims with Medicare, Medicaid, or any third-party
315 payor.
316 (e) Being unable or failing to practice music therapy with
317 reasonable skill and consistent with the welfare of clients,
318 including, but not limited to, by being negligent in the
319 practice of music therapy, being intoxicated, being
320 incapacitated, abusing a client, or engaging in sexual contact
321 with a client.
322 (f) Having disciplinary action taken against a license to
323 practice music therapy by another jurisdiction.
324 (g) Violating any provision of this part.
325 (2) The department may conduct investigations into
326 allegations of misconduct described in subsection (1).
327 (3) The department may impose one or more of the following
328 sanctions for a violation of this part:
329 (a) Suspension, revocation, or denial of a license.
330 (b) Refusal to renew a license.
331 (c) Probation with conditions.
332 (d) A reprimand.
333 (e) A fine of not less than $100 and not more than $1,000
334 for each violation.
335 Section 8. Section 468.8507, Florida Statutes, is created
336 to read:
337 468.8507 Rules.—By October 1, 2026, the department shall
338 adopt rules to implement this part.
339 Section 9. This act shall take effect July 1, 2026.