Bill Text: FL S1310 | 2015 | Regular Session | Comm Sub
Bill Title: Music Therapists
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Appropriations Subcommittee on Health and Human Services [S1310 Detail]
Download: Florida-2015-S1310-Comm_Sub.html
Florida Senate - 2015 CS for SB 1310 By the Committee on Health Policy; and Senator Clemens 588-03623-15 20151310c1 1 A bill to be entitled 2 An act relating to music therapists; amending s. 3 20.43, F.S.; establishing the music therapist 4 profession within the Division of Medical Quality 5 Assurance; creating part XVII of ch. 468, F.S., 6 entitled “Music Therapists”; creating s. 468.851, 7 F.S.; providing legislative intent; creating s. 8 468.852, F.S.; defining terms; creating s. 468.853, 9 F.S.; creating the Music Therapy Advisory Committee; 10 providing for membership and terms of members; 11 requiring the director to consult with the advisory 12 committee before adopting or revising rules; 13 authorizing the division to adopt rules; creating s. 14 468.854, F.S.; establishing requirements for licensure 15 as a music therapist; creating s. 468.855, F.S.; 16 providing application requirements; exempting certain 17 applicants from the examination requirement; requiring 18 certain fees to be deposited into the Medical Quality 19 Assurance Trust Fund; creating s. 468.856, F.S.; 20 establishing a licensure renewal process; creating s. 21 468.857, F.S.; providing for disciplinary grounds and 22 actions; authorizing investigations by the division 23 for allegations of misconduct; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraph (g) of subsection (3) of section 29 20.43, Florida Statutes, is amended to read: 30 20.43 Department of Health.—There is created a Department 31 of Health. 32 (3) The following divisions of the Department of Health are 33 established: 34 (g) Division of Medical Quality Assurance, which is 35 responsible for the following boards and professions established 36 within the division: 37 1. The Board of Acupuncture, created under chapter 457. 38 2. The Board of Medicine, created under chapter 458. 39 3. The Board of Osteopathic Medicine, created under chapter 40 459. 41 4. The Board of Chiropractic Medicine, created under 42 chapter 460. 43 5. The Board of Podiatric Medicine, created under chapter 44 461. 45 6. Naturopathy, as provided under chapter 462. 46 7. The Board of Optometry, created under chapter 463. 47 8. The Board of Nursing, created under part I of chapter 48 464. 49 9. Nursing assistants, as provided under part II of chapter 50 464. 51 10. The Board of Pharmacy, created under chapter 465. 52 11. The Board of Dentistry, created under chapter 466. 53 12. Midwifery, as provided under chapter 467. 54 13. The Board of Speech-Language Pathology and Audiology, 55 created under part I of chapter 468. 56 14. The Board of Nursing Home Administrators, created under 57 part II of chapter 468. 58 15. The Board of Occupational Therapy, created under part 59 III of chapter 468. 60 16. Respiratory therapy, as provided under part V of 61 chapter 468. 62 17. Dietetics and nutrition practice, as provided under 63 part X of chapter 468. 64 18. The Board of Athletic Training, created under part XIII 65 of chapter 468. 66 19. The Board of Orthotists and Prosthetists, created under 67 part XIV of chapter 468. 68 20. Music therapists, as provided under part XVII of 69 chapter 468. 70 21.20.Electrolysis, as provided under chapter 478. 71 22.21.The Board of Massage Therapy, created under chapter 72 480. 73 23.22.The Board of Clinical Laboratory Personnel, created 74 under part III of chapter 483. 75 24.23.Medical physicists, as provided under part IV of 76 chapter 483. 77 25.24.The Board of Opticianry, created under part I of 78 chapter 484. 79 26.25.The Board of Hearing Aid Specialists, created under 80 part II of chapter 484. 81 27.26.The Board of Physical Therapy Practice, created 82 under chapter 486. 83 28.27.The Board of Psychology, created under chapter 490. 84 29.28.School psychologists, as provided under chapter 490. 85 30.29.The Board of Clinical Social Work, Marriage and 86 Family Therapy, and Mental Health Counseling, created under 87 chapter 491. 88 31.30.Emergency medical technicians and paramedics, as 89 provided under part III of chapter 401. 90 Section 2. Part XVII of chapter 468, Florida Statutes, 91 consisting of ss. 468.851-468.857, Florida Statutes, is created 92 and entitled “Music Therapists.” 93 Section 3. Section 468.851, Florida Statutes, is created to 94 read: 95 468.851 Purpose.—The Legislature finds that the practice of 96 music therapy should be subject to regulation to ensure the 97 highest degree of professional conduct and to guarantee the 98 availability of music therapy services provided by qualified 99 professionals. This part is intended to protect the public from 100 the harmful conduct of unqualified music therapists. 101 Section 4. Section 468.852, Florida Statutes, is created to 102 read: 103 468.852 Definitions.—As used in this part, the term: 104 (1) “Advisory committee” means the Music Therapy Advisory 105 Committee. 106 (2) “Board-certified music therapist” means an individual 107 who has completed the education and clinical training 108 requirements established by the American Music Therapy 109 Association and who holds current board certification from the 110 Certification Board for Music Therapists. 111 (3) “Division” means the Division of Medical Quality 112 Assurance within the Department of Health. 113 (4) “Director” means the director of the division. 114 (5) “Music therapist” means a person licensed to practice 115 music therapy pursuant to this part. 116 (6) “Music therapy” means the clinical and evidence-based 117 use of music interventions by a board-certified music therapist 118 to accomplish individualized goals for people of all ages and 119 ability levels within a therapeutic relationship. The term does 120 not include the diagnosis or assessment of any physical, mental, 121 or communication disorder. 122 Section 5. Section 468.853, Florida Statutes, is created to 123 read: 124 468.853 Music Therapy Advisory Committee.— 125 (1) There is created within the division a Music Therapy 126 Advisory Committee, which shall consist of five members. 127 (a) The director of the division shall appoint all members 128 of the advisory committee to serve 4-year terms. The advisory 129 committee shall consist of persons familiar with the practice of 130 music therapy and provide the director with expertise and 131 assistance in carrying out his or her duties pursuant to this 132 part. The director shall appoint three members who practice as 133 music therapists in this state; one member who is a licensed 134 health care provider and is not a music therapist; and one 135 member who is a layperson. 136 (b) Members serve without compensation. 137 (c) Members may serve consecutive terms at the will of the 138 director. Any vacancy shall be filled in the same manner as the 139 regular appointment. 140 (2) The advisory committee shall meet at least annually or 141 as otherwise called by the director. 142 (3) The director shall consult with the advisory committee 143 before setting or changing fees required under this part. 144 (4) The advisory committee shall provide analysis of 145 disciplinary actions taken, appeals and denials, or revocation 146 of licenses at least annually. 147 (5) The advisory committee may facilitate: 148 (a) The development of materials that the director may 149 utilize to educate the public concerning music therapist 150 licensure, the benefits of music therapy, and use of music 151 therapy by individuals and within facilities or institutional 152 settings. 153 (b) Statewide dissemination of information between music 154 therapists, the American Music Therapy Association or any 155 successor organization, the Certification Board for Music 156 Therapists or any successor organization, and the director. 157 (6) The director must consult with the advisory committee 158 before adopting or revising rules pursuant to this section. 159 (7) The division may adopt rules to implement and 160 administer this part. 161 Section 6. Section 468.854, Florida Statutes, is created to 162 read: 163 468.854 Licensure requirements.— 164 (1) After January 1, 2017, an individual who is not 165 licensed as a music therapist may not use the title “music 166 therapist” or a similar title and may not practice music 167 therapy. Nothing in this part may be construed as prohibiting or 168 restricting the practice, services, or activities of any of the 169 following: 170 (a) Any individual licensed, certified, or regulated under 171 the laws of this state in another profession or occupation, or 172 personnel supervised by a licensed professional in this state, 173 performing work, including the use of music, incidental to the 174 practice of his or her licensed, certified, or regulated 175 profession or occupation, if that individual does not represent 176 himself or herself as a music therapist. 177 (b) Any individual whose training and national 178 certification attests to the individual’s preparation and 179 ability to practice his or her certified profession or 180 occupation, if that individual does not represent himself or 181 herself as a music therapist. 182 (c) Any practice of music therapy as an integral part of a 183 program of study for students enrolled in an accredited music 184 therapy program, if that student does not represent himself or 185 herself as a music therapist. 186 (d) Any individual who practices music therapy under the 187 supervision of a licensed music therapist, if that individual 188 does not represent himself or herself as a music therapist. 189 (2) A music therapist may accept referrals for music 190 therapy services from medical, developmental, mental health, or 191 education professionals, family members, clients, or other 192 caregivers. 193 (3) A music therapist must: 194 (a) Before providing music therapy services to a client for 195 an identified clinical or developmental need, collaborate, as 196 applicable, with the primary care provider to review the 197 client’s diagnosis, treatment needs, and treatment plan; 198 (b) During the provision of music therapy services to a 199 client, collaborate, as applicable, with the client’s treatment 200 team; 201 (c) Conduct a music therapy assessment of a client to 202 determine if treatment is indicated and, if treatment is 203 indicated, the licensee must collect systematic, comprehensive, 204 and accurate information to determine the appropriateness and 205 type of music therapy services to provide for the client; 206 (d) Develop an individualized music therapy treatment plan 207 for the client that is based upon the results of the music 208 therapy assessment. Such treatment plan must include 209 individualized goals and objectives that focus on the assessed 210 needs and strengths of the client and must specify music therapy 211 approaches and interventions to be used to address these goals 212 and objectives; 213 (e) Implement an individualized music therapy treatment 214 plan that is consistent with any other developmental, 215 rehabilitative, habilitative, medical, mental health, 216 preventive, wellness care, or educational services being 217 provided to the client; 218 (f) Evaluate the client’s response to music therapy and the 219 music therapy treatment plan, documenting change and progress 220 and suggesting modifications, as appropriate; 221 (g) Develop a plan for determining whether music therapy 222 services continue to be needed. In making this determination the 223 music therapist shall collaborate with the client, the client’s 224 physician or other provider of health care or education to the 225 client and family members of the client, and any other 226 appropriate person upon whom the client relies for support; 227 (h) Minimize any barriers to ensure that the client 228 receives music therapy services in the least restrictive 229 environment; 230 (i) Collaborate with and educate the client and the family, 231 the caregiver of the client, or any other appropriate person 232 regarding the needs of the client which are being addressed in 233 music therapy and the manner in which the music therapy 234 treatment addresses those needs; and 235 (j) Use appropriate knowledge and skills to inform 236 practice, including the use of research, reasoning, and problem 237 solving skills to determine appropriate actions in the context 238 of each specific clinical setting. 239 Section 7. Section 468.855, Florida Statutes, is created to 240 read: 241 468.855 Issuance of licenses.— 242 (1) The division shall issue a music therapist license to 243 an applicant upon completion and submission of an application 244 upon a form and in such manner as the division prescribes, 245 accompanied by applicable fees, and evidence satisfactory to the 246 division that: 247 (a) The applicant is at least 18 years of age; 248 (b) The applicant holds a bachelor’s degree or higher in 249 music therapy, or its equivalent, from a program approved by the 250 American Music Therapy Association or any successor organization 251 within an accredited college or university; 252 (c) The applicant successfully completed a minimum of 1,200 253 hours of clinical training, with at least 180 hours in pre 254 internship experiences and at least 900 hours in internship 255 experiences, provided that the internship is approved by an 256 academic institution, the American Music Therapy Association or 257 any successor organization, or both; 258 (d) The applicant is in good standing based on a review of 259 the applicant’s music therapy licensure history in other 260 jurisdictions, including a review of any alleged misconduct or 261 neglect in the practice of music therapy on the part of the 262 applicant; and 263 (e) The applicant provides proof of passing the examination 264 for board certification offered by the Certification Board for 265 Music Therapists or any successor organization or provides proof 266 of being transitioned into board certification, and provides 267 proof that the applicant is currently a board-certified music 268 therapist. 269 (2) The division shall issue a license to an applicant for 270 a music therapy license when the applicant completes and submits 271 an application upon a form and in such manner as the division 272 prescribes, accompanied by applicable fees and evidence 273 satisfactory to the division that the applicant is licensed and 274 in good standing as a music therapist in another jurisdiction 275 where the qualifications required are equal to or greater than 276 those required in this part at the date of application. 277 (3) The division shall waive the examination requirement 278 until January 1, 2020, for an applicant who is designated as a 279 registered music therapist, certified music therapist, or 280 advanced certified music therapist and is in good standing with 281 the national music therapy registry. 282 (4) Fees collected pursuant to this part shall be deposited 283 into the Medical Quality Assurance Trust Fund as provided under 284 s. 456.025. 285 Section 8. Section 468.856, Florida Statutes, is created to 286 read: 287 468.856 Licensure renewal.— 288 (1) Every license issued under this part must be renewed 289 biennially. A license shall be renewed upon payment of a renewal 290 fee if the applicant is not in violation of any of the terms of 291 this part at the time of application for renewal. 292 (2) To renew a license the licensee must provide: 293 (a) Proof of maintenance of status as a board-certified 294 music therapist; and 295 (b) Proof of completion of a minimum of 40 hours of 296 continuing education in a program approved by the Certification 297 Board of Music Therapists or any successor organization and any 298 other continuing education requirements established by the 299 division. 300 (3) A licensee shall inform the division of any changes to 301 his or her address. 302 (4) Failure to renew a license results in forfeiture of the 303 license. Licenses that have been forfeited may be restored 304 within 1 year of the expiration date upon payment of renewal and 305 restoration fees. Failure to restore a forfeited license within 306 1 year of the date of its expiration results in the automatic 307 termination of the license, and the division may require the 308 individual to reapply for licensure as a new applicant. 309 (5) Upon the written request of a licensee, the division 310 may place an active license on inactive status, subject to an 311 inactive status fee established by the division. The licensee, 312 upon request and payment of the inactive license fee, may 313 continue on inactive status for a period up to 2 years. An 314 inactive license may be reactivated at any time by making a 315 written request to the division and by fulfilling requirements 316 established by the division. 317 Section 9. Section 468.857, Florida Statutes, is created to 318 read: 319 468.857 Disciplinary grounds and actions.— 320 (1) The following acts constitute violations of this part: 321 (a) Falsification of information submitted for licensure or 322 failure to maintain status as a board-certified music therapist. 323 (b) Failure to pay fees when due. 324 (c) Failure to provide requested information in a timely 325 manner. 326 (d) Conviction of a felony. 327 (e) Conviction of any crime that reflects an inability to 328 practice music therapy with due regard for the health and safety 329 of clients and patients, or with due regard for the truth in 330 filing claims with Medicare, Medicaid, or any third-party payor. 331 (f) Inability or failure to practice music therapy with 332 reasonable skill and consistent with the welfare of clients and 333 patients, including, but not limited to, negligence in the 334 practice of music therapy; intoxication; incapacity; and abuse 335 of or engaging in sexual contact with a client or patient. 336 (g) Any related disciplinary action by another 337 jurisdiction. 338 (2) The division may conduct investigations into alleged 339 violations of this section. 340 (3) The division may impose one or more of the following 341 sanctions for a violation of this part: 342 (a) Suspension. 343 (b) Revocation. 344 (c) Denial. 345 (d) Refusal to renew a license. 346 (e) Probation with conditions. 347 (f) Reprimand. 348 (g) A fine of at least $100, but no more than $1,000, for 349 each violation. 350 Section 10. This act shall take effect July 1, 2016.