Music Therapy

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 b
ut 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 revi
ewed 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, i
s 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 l
icensee 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
mis
conduct 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
)

S
uspension, revocation, or denial of a license.

330
(b)

Refusal to renew a license
.

331
(c)

Probation with conditions
.

332
(d)

A r
eprimand
.

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.