Florida Senate - 2023 SB 400
By Senator Rouson
16-01154-23 2023400__
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 âprofessional art therapistâ; exempting the first art
6 therapist appointed to the Board of Clinical Social
7 Work, Marriage and Family Therapy, and Mental Health
8 Counseling from paying fees; amending s. 491.004,
9 F.S.; requiring the appointment of a licensed
10 practicing professional art therapist to the board;
11 creating s. 491.019, F.S.; defining terms; requiring
12 the Department of Health to license professional art
13 therapists and register art therapist interns if they
14 meet specified requirements; requiring an art
15 therapist intern to practice under supervision until
16 he or she is licensed as a professional art therapist;
17 providing for licensure by endorsement; requiring the
18 department to waive licensure requirements for certain
19 applicants; requiring the board and department to
20 adopt rules establishing requirements for the annual
21 renewal of professional art therapist licenses and art
22 therapist intern registrations; providing continuing
23 education requirements; providing for inactive
24 licenses and license reactivation; providing for
25 license denial and disciplinary action; prohibiting
26 the practice of professional art therapy for
27 compensation and the use of certain titles, letters,
28 abbreviations, and insignia without a valid, active
29 license or registration; providing criminal penalties;
30 providing construction; exempting certain persons from
31 licensure and registration requirements; requiring the
32 board and the department to adopt rules; providing an
33 effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1.âThis act may be cited as the âProfessional Art
38 Therapist Licensure Act.â
39 Section 2.âThe Legislature finds that understanding the
40 power of art and art making to stimulate memories and reveal
41 emotions, and the skill to safely manage and interpret the
42 reactions different art processes may evoke, are competencies
43 unique to professionally trained art therapists. The Legislature
44 further finds that the practice of professional art therapy
45 presents a danger to public health, safety, and welfare if
46 applied beyond the competence of a professional art therapist or
47 if applied by an individual without the appropriate training. It
48 is the intent of this act to secure the health, safety, and
49 welfare of the public, and to assist the public in making
50 informed choices regarding art therapy services, by establishing
51 minimum qualifications for entry into and continuing the
52 practice of professional art therapy.
53 Section 3.âPresent subsections (11) through (18) of section
54 491.003, Florida Statutes, are redesignated as subsections (12)
55 through (19), respectively, and a new subsection (11) is added
56 to that section to read:
57 491.003âDefinitions.âAs used in this chapter:
58 (11)ââProfessional art therapistâ means a person licensed
59 under this chapter to practice professional art therapy.
60 Section 4.âThe first art therapist member appointed to the
61 Board of Clinical Social Work, Marriage and Family Therapy, and
62 Mental Health Counseling under s. 491.004, Florida Statutes, as
63 amended by this act, must meet all qualifications, other than
64 payment of fees, to obtain a license pursuant to s. 491.019(2),
65 Florida Statutes.
66 Section 5.âSubsections (1), (2), and (3) of section
67 491.004, Florida Statutes, are amended to read:
68 491.004âBoard of Clinical Social Work, Marriage and Family
69 Therapy, and Mental Health Counseling.â
70 (1)âThere is created within the department the Board of
71 Clinical Social Work, Marriage and Family Therapy, and Mental
72 Health Counseling composed of 10 nine members appointed by the
73 Governor and confirmed by the Senate.
74 (2)(a)âSeven Six members of the board shall be persons
75 licensed under this chapter as follows:
76 1.âTwo members shall be licensed practicing clinical social
77 workers.
78 2.âTwo members shall be licensed practicing marriage and
79 family therapists.
80 3.âTwo members shall be licensed practicing mental health
81 counselors.
82 4.âOne member shall be a licensed practicing professional
83 art therapist.
84 (b)âThree members shall be citizens of the state who are
85 not and have never been licensed in a mental health-related
86 profession and who are in no way connected with the practice of
87 any such profession.
88 (3)âNo later than January 1, 1988, The Governor shall
89 appoint 10 nine members of the board as follows:
90 (a)âThree members for terms of 2 years each.
91 (b)Three members for terms of 3 years each.
92 (c)âThree members for terms of 4 years each.
93 (d)âOne licensed practicing professional art therapist
94 member for a term of 4 years.
95 Section 6.âSection 491.019, Florida Statutes, is created to
96 read:
97 491.019âProfessional art therapy.â
98 (1)âAs used in this section, the term:
99 (a)ââArt therapist internâ means a person registered under
100 subsection (3) who is completing the post-masterâs clinical
101 experience pursuant to paragraph (2)(c).
102 (b)ââBoard-certified art therapistâ means an individual who
103 holds a credential in good standing with the Art Therapy
104 Credentials Board, Inc., or any successor organization.
105 (c)ââLicensed professional art therapistâ means an
106 individual who is licensed under this chapter to engage in the
107 practice of professional art therapy.
108 (d)ââPractice of professional art therapyâ means the
109 integrated use of psychotherapeutic principles and methods with
110 specialized graduate training in art media, the neurobiological
111 implications of art making, and art-based assessment models in
112 the assessment, diagnosis, prevention, treatment, and
113 amelioration of mental, developmental, behavioral, and emotional
114 disorders and conditions in clients of all ages. The term
115 includes:
116 1.âThe use of therapeutic art interventions to facilitate
117 alternative modes of receptive and expressive communication
118 which can circumvent the limitations of verbal articulation and
119 implementation of art-based treatment plans to help clients
120 improve cognitive, sensory, and motor functions; reduce symptoms
121 of depression, anxiety, posttraumatic stress, and attachment
122 disorders; enhance neurological, cognitive, and verbal
123 abilities; foster self-esteem and self-awareness; cultivate
124 emotional resilience; reduce and resolve conflicts, distress,
125 and grief; and enhance educational performance and social
126 functioning.
127 2.âPsychological methods used to evaluate, assess,
128 diagnose, treat, and prevent emotional and mental disorders or
129 dysfunctions, including cognitive, affective, and behavioral
130 disorders, alcoholism, and substance abuse.
131 3.âConsultation, client advocacy, crisis intervention,
132 provision of needed information and education to clients, art
133 based treatments that relate to multicultural populations,
134 program evaluation, and applied research.
135 (2)âThe department shall issue a professional art therapist
136 license to an applicant who the board certifies has met all of
137 the following requirements:
138 (a)âHas submitted a completed application.
139 (b)âHolds a minimum of a masterâs degree from an accredited
140 college or university in:
141 1.âAn art therapy program that was approved by the American
142 Art Therapy Association or accredited by the Commission on
143 Accreditation of Allied Health Education Programs at the time
144 the degree was conferred; or
145 2.âA program that is substantially equivalent to an
146 approved or accredited program in art therapy, as determined by
147 board rule.
148 (c)âHas completed at least 2 years of clinical experience
149 in professional art therapy, which must be at the post-masterâs
150 level under the supervision of a licensed practicing
151 professional art therapist, a board-certified art therapist, or
152 another qualified mental health professional, as determined by
153 board rule. A doctoral internship may qualify as clinical
154 experience under this paragraph.
155 (d)âHas passed the Art Therapy Credentials Board
156 Examination offered by the Art Therapy Credentials Board, Inc.,
157 or an examination offered by any successor organization.
158 (e)âHas demonstrated, in a manner designated by board rule,
159 knowledge of the laws and rules governing the practice of
160 clinical social work, marriage and family therapy, mental health
161 counseling, and professional art therapy.
162 (3)(a)âIf an individual intends to practice art therapy to
163 satisfy the post-masterâs clinical experience pursuant to
164 paragraph (2)(c), he or she must register with the department as
165 an art therapist intern before beginning such practice.
166 (b)âThe department shall register an applicant as an art
167 therapist intern after the board certifies that he or she has
168 met all of the following requirements:
169 1.âHas submitted a completed application.
170 2.âHas completed the education requirements specified in
171 paragraph (2)(b).
172 3.âHas submitted an acceptable supervision plan, as
173 determined by board rule.
174 4.âHas identified a qualified supervisor, as determined by
175 board rule.
176 (c)âAn individual registered as an art therapist intern
177 under this subsection must practice under supervision until he
178 or she is licensed as a professional art therapist.
179 (4)(a)âThe department shall issue a license by endorsement
180 to an applicant who the board certifies has met all of the
181 following requirements:
182 1.âHas submitted a completed application.
183 2.âHolds a professional art therapist license in good
184 standing, or its equivalent, issued by another state or
185 jurisdiction, if the qualifications for licensure in such other
186 state or jurisdiction are equal to or greater than those
187 specified in subsection (2).
188 3.âHas demonstrated, in a manner designated by board rule,
189 knowledge of the laws and rules governing the practice of
190 clinical social work, marriage and family therapy, mental health
191 counseling, and professional art therapy.
192 4.âHas actively engaged in the practice of professional art
193 therapy in such other state or jurisdiction for 3 of the 5 years
194 immediately preceding his or her application for licensure by
195 endorsement under this subsection.
196 5.âIs not under investigation for, and has not been found
197 guilty of, any act that would constitute a violation of this
198 chapter.
199 (b)âThe department shall waive the requirements of
200 subsection (2) and issue a professional art therapist license to
201 an applicant who, before July 1, 2024, submits a completed
202 application and demonstrates to the board that he or she has met
203 all of the following requirements:
204 1.âHas passed the Art Therapy Credentials Board Examination
205 offered by the Art Therapy Credentials Board, Inc., or an
206 examination offered by any successor organization.
207 2.âHas engaged in the practice of professional art therapy
208 for at least 5 years, which may include up to 1 year of practice
209 under supervision, as determined by board rule.
210 3.âHas completed appropriate training, as determined by
211 board rule, in the assessment, diagnosis, treatment, or
212 resolution of mental, behavioral, and emotional disorders and
213 dysfunctions as part of the approved course of study for his or
214 her masterâs or doctoral degree or following completion of such
215 degree.
216 4.âHas demonstrated, in a manner designated by board rule,
217 knowledge of the laws and rules governing the practice of
218 clinical social work, marriage and family therapy, mental health
219 counseling, and professional art therapy.
220 5.âIs not under investigation for, and has not been found
221 guilty of, any act that would constitute a violation of this
222 chapter.
223 (5)(a)âThe board or department shall adopt rules
224 establishing requirements for the annual renewal of professional
225 art therapist licenses.
226 (b)1.âAn applicant for license renewal shall present
227 satisfactory evidence that, in the period since the license was
228 issued, the applicant has completed continuing education
229 requirements, as determined by board or department rule.
230 2.âThe board or department shall require continuing
231 education, which must include, at a minimum, the continuing
232 education requirements for maintaining national board
233 certification in good standing with the Art Therapy Credentials
234 Board, Inc., or any successor organization. The board or
235 department may not require more than 100 hours of continuing
236 education in a 5-year period.
237 (c)âContinuing education providers, programs, and courses,
238 and laws and rules governing such providers, programs, and
239 courses, must be approved by the board or department as
240 specified in s. 491.0085.
241 (d)âThe board or department shall adopt rules establishing
242 requirements for the annual renewal of art therapist intern
243 registrations.
244 (6)(a)âInactive status is the licensure status that results
245 when a licensee has applied to the department to be placed on
246 inactive status.
247 (b)âAn inactive license may be renewed annually.
248 (c)âAn inactive license may be reactivated by submitting a
249 completed application to the department.
250 (7)(a)âThe following acts constitute grounds for denial of
251 a license or disciplinary action, as specified in s. 456.072(2):
252 1.âCommitting any act specified in s. 491.009(1).
253 2.âCommitting an act upon a client which would constitute
254 sexual battery or which would constitute sexual misconduct as
255 defined by rule pursuant to s. 491.0111.
256 3.âDisclosing confidential information, including, but not
257 limited to, records, artwork, verbal or artistic expression, or
258 assessment interpretations developed within the client-therapist
259 relationship without the clientâs explicit consent, except as
260 mandated by law or court order.
261 (b)âThe department may enter an order denying licensure or
262 imposing any of the penalties in s. 456.072(2) against any
263 applicant for licensure, licensee, or registered intern who is
264 found guilty of violating paragraph (a) or s. 456.072(1).
265 (8)(a)âA person may not:
266 1.âPractice professional art therapy for compensation
267 unless the person holds a valid, active license issued pursuant
268 to subsection (2) or subsection (4) or is a registered art
269 therapist intern pursuant to subsection (3).
270 2.âUse the title âlicensed professional art therapist,â
271 âprofessional art therapist,â or âlicensed art therapist,â or
272 use any letters, abbreviations, or insignia to represent himself
273 or herself as licensed to practice professional art therapy,
274 unless he or she holds a valid, active license issued pursuant
275 to subsection (2) or subsection (4) or is a registered art
276 therapist intern pursuant to subsection (3).
277 3.âUse the title âregistered art therapist intern,â
278 âregistered art therapist,â or âart therapist intern,â or use
279 any letters, abbreviations, or insignia to represent himself or
280 herself as a registered art therapist intern, unless he or she
281 holds a valid, active registration issued pursuant to subsection
282 (3).
283 4.âPresent as his or her own the professional art therapist
284 license or art therapist intern registration of another.
285 5.âGive false or forged evidence to the department or the
286 board, or a member thereof, for the purpose of obtaining a
287 license or registration.
288 6.âUse or attempt to use a license or registration issued
289 pursuant to this section which has been revoked or suspended.
290 7.âKnowingly conceal i