Bill Text: FL S0562 | 2017 | Regular Session | Introduced


Bill Title: Music Therapists

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Health Policy [S0562 Detail]

Download: Florida-2017-S0562-Introduced.html
       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         491.017Registration 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.

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