Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 878
       
       
        
       By Senator Jones
       
       
       
       
       
       34-01661A-24                                           2024878__
                      A bill to be entitled                      
       An act relating to art therapy; providing a short
       title; providing legislative findings and intent;
       amending s. 491.003, F.S.; defining the term
       “professional art therapist”; amending s. 491.004,
       F.S.; requiring the appointment of licensed practicing
       professional art therapists to the Board of Clinical
       Social Work, Marriage and Family Therapy, and Mental
       Health Counseling; providing term limits; specifying
       requirements for the first art therapist members
       appointed to the board; creating s. 491.019, F.S.;
       defining terms; requiring the Department of Health to
       license professional art therapists and register art
       therapist interns if they meet specified requirements;
       requiring an art therapist intern to practice under
       supervision until he or she is licensed as a
       professional art therapist; providing for licensure by
       endorsement; requiring the board to waive licensure
       requirements for certain applicants; requiring the
       board or department to adopt rules establishing
       requirements for the annual renewal of professional
       art therapist licenses and art therapist intern
       registrations; providing continuing education
       requirements; providing for inactive licenses and
       license reactivation; providing for license denial and
       disciplinary action; prohibiting the practice of
       professional art therapy for compensation and the use
       of certain titles, letters, abbreviations, and
       insignia without a valid, active license; providing
       criminal penalties; authorizing the department to
       institute appropriate judicial proceedings to enjoin
       certain violations; providing construction; exempting
       certain persons from licensure and registration
       requirements; requiring the board and department to
       adopt rules; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. This act may be cited as the “Professional Art
Therapist Licensure Act.”
       Section 2. The Legislature finds that understanding the
power of art and artmaking to stimulate memories and reveal
emotions, and the skill to safely manage and interpret the
reactions different art processes may evoke, are competencies
unique to professionally trained art therapists. The Legislature
further finds that the practice of professional art therapy
presents a danger to public health, safety, and welfare if
applied beyond the competence of a professional art therapist or
if applied by an individual without the appropriate training. It
is the intent of this act to secure the health, safety, and
welfare of the public, and to assist the public in making
informed choices regarding art therapy services, by establishing
minimum qualifications for entry into and continuing practice of
professional art therapy.
       Section 3. Present subsections (11) through (18) of section
491.003, Florida Statutes, are redesignated as subsections (12)
through (19), respectively, and a new subsection (11) is added
to that section, to read:
       491.003 Definitions.—As used in this chapter:
       (11) “Professional art therapist” means a person licensed
under this chapter to practice professional art therapy.
       Section 4. Subsections (1), (2), and (3) of section
491.004, Florida Statutes, are amended to read:
       491.004 Board of Clinical Social Work, Marriage and Family
Therapy, and Mental Health Counseling.—
       (1) There is created within the department the Board of
Clinical Social Work, Marriage and Family Therapy, and Mental
Health Counseling composed of 11 nine members appointed by the
Governor and confirmed by the Senate.
       (2)(a) Eight Six members of the board shall be persons
licensed under this chapter as follows:
       1. Two members shall be licensed practicing clinical social
workers.
       2. Two members shall be licensed practicing marriage and
family therapists.
       3. Two members shall be licensed practicing mental health
counselors.
       4. Two members shall be licensed practicing professional
art therapists.
       (b) Three members shall be residents citizens of the state
who are not and have never been licensed in a mental health
related profession and who are in no way connected with the
practice of any such profession.
       (3) No later than January 1, 1988, The Governor shall
appoint 11 nine members of the board as follows:
       (a) Three members for terms of 2 years each.
       (b) Three members for terms of 3 years each.
       (c) Five Three members, two of whom must be licensed
practicing professional art therapists, for terms of 4 years
each.
       Section 5. The first art therapist members appointed to the
Board of Clinical Social Work, Marriage and Family Therapy, and
Mental Health Counseling under s. 491.004, Florida Statutes, as
amended by this act, must meet all qualifications to obtain a
license pursuant to s. 491.019(2), Florida Statutes.
       Section 6. Section 491.019, Florida Statutes, is created to
read:
       491.019 Professional art therapy.—
       (1) As used in this section, the term:
       (a) “Art therapist intern” means a person registered under
subsection (3) who is completing the post-master’s clinical
experience pursuant to paragraph (2)(c).
       (b) “Board-certified art therapist” means an individual who
holds a credential in good standing with the Art Therapy
Credentials Board, Inc., or any successor organization.
       (c) “Licensed professional art therapist” means an
individual who is licensed under this chapter to engage in the
practice of professional art therapy.
       (d) “Practice of professional art therapy” means the
integrated use of psychotherapeutic principles and methods with
specialized graduate training in art media, the neurobiological
implications of artmaking, and art-based assessment models in
the assessment, prevention, treatment, and amelioration of
mental, developmental, behavioral, and emotional disorders and
conditions in clients of all ages. The term includes:
       1. The use of therapeutic art interventions to facilitate
alternative modes of receptive and expressive communication
which can circumvent the limitations of verbal articulation and
implementation of art-based treatment plans to help clients
improve cognitive, sensory, and motor functions; reduce symptoms
of depression, anxiety, posttraumatic stress, and attachment
disorders; enhance neurological, cognitive, and verbal
abilities; foster self-esteem and self-awareness; cultivate
emotional resilience; reduce and resolve conflicts, distress,
and grief; and enhance educational performance and social
functioning.
       2. Therapeutic or equivalent methods used to evaluate,
assess, treat, and prevent emotional and mental disorders or
dysfunctions, including cognitive, affective, and behavioral
disorders, alcoholism, and substance abuse, when used within the
context and practice of art therapy as provided under
subparagraph 1. This subparagraph may not be construed to
authorize any person licensed, provisionally licensed,
registered, or certified under this chapter to describe or label
any test, report, or procedure as “psychological,” except to
relate specifically to the definition of the practice of art
therapy provided in this subsection.
       3. Consultation, client advocacy, crisis intervention,
provision of needed information and education to clients, art
based treatments that relate to multicultural populations,
program evaluation, and applied research, when used within the
context and practice of art therapy as provided under
subparagraph 1.
       (2) The department shall issue a professional art therapist
license to an applicant who the board certifies has met all of
the following requirements:
       (a) Has submitted a completed application.
       (b) Holds a minimum of a master’s degree from an accredited
college or university in an art therapy program that was
approved by the American Art Therapy Association or accredited
by the Commission on Accreditation of Allied Health Education
Programs at the time the degree was conferred.
       (c) Has completed at least 2 years of clinical experience
in professional art therapy as determined by the national
credentialing board, which must be at the post-master’s level
under the supervision of a licensed practicing professional art
therapist, a board-certified art therapist, or another qualified
mental health professional, as determined by rule of the board.
A doctoral internship may qualify as clinical experience under
this paragraph.
       (d) Has passed the Art Therapy Credentials Board
Examination offered by the Art Therapy Credentials Board, Inc.,
or an examination offered by any successor organization.
       (e) Has demonstrated, in a manner designated by rule of the
board, knowledge of the laws and rules governing the practice of
clinical social work, marriage and family therapy, mental health
counseling, and professional art therapy.
       (3)(a) If an individual intends to practice art therapy to
satisfy the post-master’s clinical experience pursuant to
paragraph (2)(c), he or she must register with the department as
an art therapist intern before beginning such practice.
       (b) The department shall register an applicant as an art
therapist intern after the board certifies that he or she has
met all of the following requirements:
       1. Has submitted a completed application.
       2. Has completed the education requirements specified in
paragraph (2)(b).
       3. Has submitted an acceptable supervision plan, as
determined by rule of the board.
       4. Has identified a qualified supervisor, as determined by
rule of the board.
       (c) An individual registered under this subsection must
practice under supervision until he or she is licensed as a
professional art therapist.
       (4)(a) The department shall issue a license by endorsement
to an applicant who the board certifies has met all of the
following requirements:
       1. Has submitted a completed application.
       2. Holds a professional art therapist license in good
standing, or its equivalent, issued by another state or
jurisdiction, if the qualifications for licensure in such other
state or jurisdiction are equal to or greater than those
specified in subsection (2).
       3. Has demonstrated, in a manner designated by rule of the
board, knowledge of the laws and rules governing the practice of
clinical social work, marriage and family therapy, mental health
counseling, and professional art therapy.
       4. Has actively engaged in the practice of professional art
therapy in such other state or jurisdiction for 3 of the 5 years
immediately preceding his or her application for licensure by
endorsement under this subsection.
       5. Is not under investigation for, and has not been found
guilty of, any act that would constitute a violation of this
chapter.
       (b) The department shall waive the requirements of
subsection (2) and issue a professional art therapist license to
an applicant who, before July 1, 2025, submits a completed
application and demonstrates to the board that he or she has met
all of the following requirements:
       1. Has passed the Art Therapy Credentials Board Examination
offered by the Art Therapy Credentials Board, Inc., or an
examination offered by any successor organization.
       2. Has engaged in the practice of professional art therapy
for at least 5 years, which may include up to 1 year of practice
under supervision, as determined by rule of the board.
       3. Has completed appropriate training, as determined by
rule of the board, in the assessment, diagnosis, treatment, or
resolution of mental, behavioral, and emotional disorders and
dysfunctions as part of the approved course of study for his or
her master’s or doctoral degree or following completion of such
degree.
       4. Has demonstrated, in a manner designated by rule of the
board, knowledge of the laws and rules governing the practice of
clinical social work, marriage and family therapy, mental health
counseling, and professional art therapy.
       5. Is not under investigation for, and has not been found
guilty of, any act that would constitute a violation of this
chapter.
       (5)(a) The board or department shall adopt rules
establishing requirements for the annual renewal of professional
art therapist licenses.
       (b)1. An applicant for license renewal shall present
satisfactory evidence that, in the period since the license was
issued, the applicant has completed continuing education
requirements, as determined by rule of the board or department.
       2. The board or department shall require continuing
education which must include, at a minimum, the continuing
education requirements for maintaining national board
certification in good standing with the Art Therapy Credentials
Boards, Inc., or any successor organization. The board or
department may not require more than 100 hours of continuing
education in a 5-year period.
       (c) Continuing education providers, programs, and courses,
and laws and rules governing such providers, programs, and
courses, must be approved by the board or department as
specified in s. 491.0085.
       (d) The board or department shall adopt rules establishing
requirements for the annual renewal of art therapist intern
registrations.
       (6)(a) Inactive status is the licensure status that results
when a licensee has applied to the department to be placed on
inactive status.
       (b) An inactive license may be renewed annually.
       (c) An inactive license may be reactivated by submitting a
completed application to the department.
       (7)(a) The following acts constitute grounds for denial of
a license or disciplinary action, as specified in s. 456.072(2):
       1. Committing any act specified in s. 491.009(1).
       2. Committing an act upon a client which would constitute
sexual battery or which would constitute sexual misconduct as
defined by rule pursuant to s. 491.0111.
       3. Disclosing confidential information including, but not
limited to, records, artwork, verbal or artistic expression, or
assessment interpretations developed within the client-therapist
relationship without the client’s explicit consent, except as
mandated by law or court order.
       (b) The department may enter an order denying licensure or
imposing any of the penalties in s. 456.072(2) against any
applicant for licensure, licensee, or registered intern who is
found guilty of violating paragraph (a) or s. 456.072(1).
       (8)(a) A person may not:
       1. Practice professional art therapy for compensation
unless the person holds a valid, active license issued pursuant
to subsection (2) or subsection (4) or is a registered art
therapist intern pursuant to subsection (3).
       2. Use the title “licensed professional art therapist,”
“professional art therapist,” or “licensed art therapist,” or
use any letters, abbreviations, or insignia to represent himself
or herself as licensed to practice professional art therapy,
unless he or she holds a valid, active license issued pursuant
to subsection (2) or subsection (4) or is a registered art
therapist intern pursuant to subsection (3).
       3. Use the title “registered art therapist intern,”
“registered art therapist,” or “art therapist intern,” or use
any letters, abbreviations, or insignia to represent himself or
herself as a registered art therapist intern, unless he or she
holds a valid, active registration issued pursuant to subsection
(3).
       4. Present as his or her own the professional art therapist
license or art therapist intern registration of another.
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