F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 51 2024
1 A bill to be entitled
2 An act relating to art therapy; providing a short
3 title; providing legislative findings and intent;
4 amending s. 491.003, F.S.; defining the term
5 "professional art therapist"; amending s. 491.004,
6 F.S.; requiring the appointment of a licensed
7 practicing professional art therapist to the board;
8 creating s. 491.019, F.S.; providing definitions;
9 requiring the Department of Health to license
10 professional art therapists and register art therapist
11 interns if they meet specified requirements; requiring
12 an art therapist intern to practice under supervision
13 until he or she is licensed as a professional art
14 therapist; providing for licensure by endorsement;
15 requiring the board to waive licensure requirements
16 for certain applicants; requiring the board and
17 department to adopt rules establishing requirements
18 for the annual renewal of professional art therapist
19 licenses and art therapist intern registrations;
20 providing continuing education requirements; providing
21 for inactive licenses and license reactivation;
22 providing for license denial and disciplinary action;
23 prohibiting the practice of professional art therapy
24 for compensation and the use of certain titles,
25 letters, abbreviations, and insignia without a valid,
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26 active license; providing criminal penalties;
27 providing construction; exempting certain persons from
28 licensure and registration requirements; requiring the
29 board and department to adopt rules; providing an
30 effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. This act may be cited as the "Professional Art
35 Therapist Licensure Act."
36 Section 2. The Legislature finds that understanding the
37 power of art and art making to stimulate memories and reveal
38 emotions, and the skill to safely manage and interpret the
39 reactions different art processes may evoke, are competencies
40 unique to professionally trained art therapists. The Legislature
41 further finds that the practice of professional art therapy
42 presents a danger to public health, safety, and welfare if
43 applied beyond the competence of a professional art therapist or
44 if applied by an individual without the appropriate training. It
45 is the intent of this act to secure the health, safety, and
46 welfare of the public, and to assist the public in making
47 informed choices regarding art therapy services, by establishing
48 minimum qualifications for entry into and continuing practice of
49 professional art therapy.
50 Section 3. Subsections (11) through (18) of section
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51 491.003, Florida Statutes, are renumbered as subsections (12)
52 through (19), respectively, and a new subsection (11) is added
53 to that section to read:
54 (11) "Professional art therapist" means a person licensed
55 under this chapter to practice professional art therapy.
56 Section 4. The first art therapist member appointed to the
57 Board of Clinical Social Work, Marriage and Family Therapy, and
58 Mental Health Counseling under s. 491.004, Florida Statutes, as
59 amended by this act, must meet all qualifications to obtain a
60 license pursuant to s. 491.019(2), Florida Statutes.
61 Section 5. Subsections (1), (2), and (3) of section
62 491.004, Florida Statutes, are amended to read:
63 491.004 Board of Clinical Social Work, Marriage and Famil y
64 Therapy, and Mental Health Counseling.—
65 (1) There is created within the department the Board of
66 Clinical Social Work, Marriage and Family Therapy, and Mental
67 Health Counseling composed of 10 nine members appointed by the
68 Governor and confirmed by the Senate.
69 (2)(a) Seven Six members of the board shall be persons
70 licensed under this chapter as follows:
71 1. Two members shall be licensed practicing clinical
72 social workers.
73 2. Two members shall be licensed practicing marriage and
74 family therapists.
75 3. Two members shall be licensed practicing mental health
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76 counselors.
77 4. One member shall be a licensed practicing professional
78 art therapist.
79 (b) Three members shall be citizens of the state who are
80 not and have never been licensed in a mental health -related
81 profession and who are in no way connected with the practice of
82 any such profession.
83 (3) No later than January 1, 1988, The Governor shall
84 appoint 11 nine members of the board as follows:
85 (a) Three members for terms of 2 years each.
86 (b) Three members for terms of 3 years each.
87 (c) Three members for terms of 4 years each.
88 (d) Two licensed practicing professional art therapist
89 member for a term of 4 years.
90 Section 6. Section 491.019, Florida Statutes, is created
91 to read:
92 491.019 Professional art therapy.-
93 (1) As used in this section, the term:
94 (a) "Art therapist intern" means a person registered under
95 subsection (3) who is completing the post-master's clinical
96 experience pursuant to paragraph (2)(c).
97 (b) "Board-certified art therapist" means an individual
98 who holds a credential in good standing with the Art Therapy
99 Credentials Board, Inc., or any successor organization.
100 (c) "Licensed professional art therapist" means an
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101 individual who is licensed under this chapter to engage in the
102 practice of professional art therapy.
103 (d) "Practice of professional art therapy" means the
104 integrated use of psychotherapeutic principles and methods with
105 specialized graduate training in art media, the neurobiological
106 implications of art making, and art-based assessment models in
107 the assessment, diagnosis, prevention, treatment, and
108 amelioration of mental, developmental, behavioral, and emotional
109 disorders and conditions in clients of all ages. The term
110 includes:
111 1. The use of therapeutic art interventions to facilitate
112 alternative modes of receptive and expressive communication
113 which can circumvent the limitations of verbal articulation and
114 implementation of art-based treatment plans to help clients
115 improve cognitive, sensory, and motor functions; reduce symptoms
116 of depression, anxiety, posttraumatic stress, and attachment
117 disorders; enhance neurological, cognitive, and verbal
118 abilities; foster self-esteem and self-awareness; cultivate
119 emotional resilience; reduce and resolve conflicts, distress,
120 and grief; and enhance educational performance and social
121 functioning.
122 2. Psychological methods used to evaluate, assess,
123 diagnose, treat, and prevent emotional and mental disorders or
124 dysfunctions, including cognitive, affective, and behavioral
125 disorders, alcoholism, and substance abuse, when used within the
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126 context and practice provided under subparagraph 1.
127 3. Consultation, client advocacy, crisis intervention,
128 provision of needed information and education to clients, art-
129 based treatments that relate to multicultural populations,
130 program evaluation, and applied research, when used within the
131 context and practice provided under subparagraph 1.
132 (2) The department shall issue a professional art
133 therapist license to an applicant who the board certifies has
134 met all of the following requirements:
135 (a) Has submitted a completed application.
136 (b) Holds a minimum of a master's degree from an
137 accredited college or university in:
138 1. An art therapy program that was approved by the
139 American Art Therapy Association or accredited by the Commission
140 on Accreditation of Allied Health Education Programs at the time
141 the degree was conferred; or
142 2. A program that is substantially equivalent to an
143 approved or accredited program in art therapy, as determined by
144 rule of the board.
145 (c) Has completed at least 2 years of clinical experience
146 in professional art therapy, which must be at the post-master's
147 level under the supervision of a licensed practicing
148 professional art therapist, a board-certified art therapist, or
149 another qualified mental health professional, as determined by
150 rule of the board. A doctoral internship may qualify as clinical
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151 experience under this paragraph.
152 (d) Has passed the Art Therapy Credentials Board
153 Examination offered by the Art Therapy Credentials Board, Inc.,
154 or an examination offered by any successor organization.
155 (e) Has demonstrated, in a manner designated by rule of
156 the board, knowledge of the laws and rules governing the
157 practice of clinical social work, marriage and family therapy,
158 mental health counseling, and professional art therapy.
159 (3)(a) If an individual intends to practice art therapy to
160 satisfy the post-master's clinical experience pursuant to
161 paragraph (2)(c), he or she must register with the department as
162 an art therapist intern before beginning such practice.
163 (b) The department shall register an applicant as an art
164 therapist intern after the board certifies that he or she has
165 met all of the following requirements:
166 1. Has submitted a completed application.
167 2. Has completed the education requirements specified in
168 paragraph (2)(b).
169 3. Has submitted an acceptable supervision plan, as
170 determined by rule of the board.
171 4. Has identified a qualified supervisor, as determined by
172 rule of the board.
173 (c) An individual registered under this subsection must
174 practice under supervision until he or she is licensed as a
175 professional art therapist.
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176 (4)(a) The department shall issue a license by endorsement
177 to an applicant who the board certifies has met all of the
178 following requirements:
179 1. Has submitted a completed application.
180 2. Holds a professional art therapist license in good
181 standing, or its equivalent, issued by another state or
182 jurisdiction, if the qualifications for licensure in such other
183 state or jurisdiction are equal to or greater than those
184 specified in subsection (2).
185 3. Has demonstrated, in a manner designated by rule of the
186 board, knowledge of the laws and rules governing the practice of
187 clinical social work, marriage and family therapy, mental health
188 counseling, and professional art therapy.
189 4. Has actively engaged in the practice of professional
190 art therapy in such other state or jurisdiction for 3 of the 5
191 years immediately preceding his or her application for licensure
192 by endorsement under this subsection.
193 5. Is not under investigation for, and has not been found
194 guilty of, any act that would constitute a violation of th is
195 chapter.
196 (b) The department shall waive the requirements of
197 subsection (2) and issue a professional art therapist license to
198 an applicant who, before July 1, 2025, submits a completed
199 application and demonstrates to the board that he or she has met
200 all of the following requirements:
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201 1. Has passed the Art Therapy Credentials Board
202 Examination offered by the Art Therapy Credentials Board, Inc.,
203 or an examination offered by any successor organization.
204 2. Has engaged in the practice of professional ar t therapy
205 for at least 5 years, which may include up to 1 year of practice
206 under supervision, as determined by rule of the board.
207 3. Has completed appropriate training, as determined by
208 rule of the board, in the assessment, diagnosis, treatment, or
209 resolution of mental, behavioral, and emotional disorders and
210 dysfunctions as part of the approved course of study for his or
211 her master's or doctoral degree or following completion of such
212 degree.
213 4. Has demonstrated, in a manner designated by rule of the
214 board, knowledge of the laws and rules governing the practice of
215 clinical social work, marriage and family therapy, mental health
216 counseling, and professional art therapy.
217 5. Is not under investigation for, and has not been found