CODING: Words stricken are deletions; words underlined are additions.House Bill 1131
Florida House of Representatives - 1997 HB 1131
By Representative Cosgrove
1 A bill to be entitled
2 An act relating to art therapy; creating part
3 XV of chapter 468, F.S., the Art Therapy
4 Practice Act; providing a short title and
5 purpose; providing definitions; requiring art
6 therapists to be licensed by the Board of
7 Clinical Social Work, Marriage and Family
8 Therapy, and Mental Health Counseling;
9 providing rulemaking authority to the board for
10 purposes of regulating art therapists; creating
11 the Art Therapy Council to assist the board in
12 such regulation; providing licensure
13 requirements; providing for a licensure
14 examination; providing for licensure by
15 endorsement; providing disciplinary measures
16 and the actions to which they may be applied;
17 providing for license renewal, including
18 continuing education requirements; providing
19 for fees; prohibiting certain acts; providing
20 penalties; specifying persons and practices not
21 affected; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Part XV of chapter 468, Florida Statutes,
26 consisting of sections 468.801, 468.803, 468.805, 468.807,
27 468.809, 468.811, 468.813, 468.815, 468,817, 468,819, 468,821,
28 468.823, 468.825, and 468.827, is created to read:
29 PART XV
30 ART THERAPY
31 468.801 Short title; purpose.--
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1 (1) This part may be cited as the "Art Therapy
2 Practice Act."
3 (2) It is the purpose of this part to provide for the
4 regulation of persons offering art therapy services to the
5 public in order to:
6 (a) Safeguard the public health, safety, and welfare.
7 (b) Protect the public from being misled by
8 incompetent, unscrupulous, and unauthorized persons.
9 (c) Ensure the highest degree of professional conduct
10 on the part of art therapists.
11 (d) Ensure the availability of art therapy services of
12 high quality to persons in need of such services.
13 468.803 Definitions.--As used in this part, the term:
14 (1) "Association" means the Art Therapy Association of
15 Florida.
16 (2) "Board" means the Board of Clinical Social Work,
17 Marriage and Family Therapy, and Mental Health Counseling.
18 (3) "Art therapist" means a person licensed to
19 practice art therapy under this part whose license is in good
20 standing.
21 (4) "Art therapy" means the evaluation and treatment
22 of individuals whose ability to cope with the tasks of living
23 are threatened or impaired by developmental deficits, the
24 aging process, poverty and cultural differences, physical
25 injury or illness, or psychological and social disability.
26 The treatment utilizes art-oriented activities to prevent or
27 correct emotional deficits or to minimize the disabling effect
28 of these deficits in the life of the individual.
29 (5) "Art therapy aide" means a person who assists in
30 the practice of art therapy, who works under the direct
31 supervision of a person licensed to practice art therapy under
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1 this part, and whose activities require an understanding of
2 art therapy but do not require professional or advanced
3 training in the basic anatomical, biological, psychological,
4 and social sciences involved in the practice of art therapy.
5 (6) "Art therapy assistant" means a person licensed to
6 assist in the practice of art therapy who works under the
7 supervision of an art therapist and whose license is in good
8 standing.
9 (7) "Person" means any individual, partnership,
10 unincorporated organization, or corporate body, except that
11 only an individual may be licensed under this part.
12 (8) "Supervision" means responsible supervision and
13 control, with the licensed art therapist providing both
14 initial direction in developing a plan of treatment and
15 periodic inspection of the actual implementation of the plan.
16 Such plan of treatment may not be altered by the supervised
17 individual without prior consultation with, and the approval
18 of, the supervising art therapist. The supervising art
19 therapist need not always be physically present or on the
20 premises when the assistant is performing services; however,
21 except in cases of emergency, supervision shall require the
22 availability of the supervising art therapist for consultation
23 with and direction of the supervised individual.
24 468.805 Authority to adopt rules.--The board may adopt
25 such rules not inconsistent with law as may be necessary to
26 carry out the duties and authority conferred upon the board by
27 this part and as may be necessary to protect the health,
28 safety, and welfare of the public.
29 468.807 Art Therapy Council.--
30 (1) There is created an Art Therapy Council under the
31 supervision of the board, to be composed of five members who
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1 are art therapists licensed under this part. However, for
2 purposes of the initial appointments and staggering of terms,
3 the board shall appoint three members for terms of 4 years
4 each and two members for terms of 3 years each, each of whom,
5 in lieu of being licensed under this part, must be an art
6 therapist registered with the American Art Therapy Association
7 who is a member of the Art Therapy Association of Florida and
8 who has engaged in the practice of art therapy for a minimum
9 of 5,000 cumulative hours at the time of appointment. The
10 board shall appoint all subsequent members of the council to
11 terms of 4 years each. A council member may be reappointed
12 but may not serve more than two full terms in succession.
13 Whenever there is a vacancy on the council, the Art Therapy
14 Association of Florida shall submit to the board a list with
15 the names of at least two persons it recommends to fill that
16 vacancy, and the board may appoint from the submitted list, in
17 its discretion, any of the persons so recommended. However,
18 the board shall, insofar as possible, appoint persons from
19 different geographical areas and persons who represent various
20 areas of art therapy treatment. The board shall fix the
21 compensation and pay the expenses of council members in the
22 same manner as provided in s. 455.207.
23 (2) The board may delegate such powers and duties to
24 the council as it may deem proper, including the examination
25 of applicants and the carrying out of the mechanics and
26 procedures necessary to effectuate this part.
27 468.809 License required.--A person may not practice
28 art therapy or hold himself or herself out as an art therapist
29 or art therapy assistant or as being able to practice art
30 therapy or to render art therapy services in the state unless
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1 he or she is licensed in accordance with the provisions of
2 this part.
3 468.811 Requirements for licensure.--
4 (1) An applicant applying for a license as an art
5 therapist or art therapy assistant must file a written
6 application, accompanied by the application fee prescribed in
7 s. 468.823, on a form provided by the board, showing to the
8 satisfaction of the board that he or she:
9 (a) Is of good moral character.
10 (b) Has successfully completed the academic
11 requirements of an educational program in art therapy
12 recognized by the board, with concentration in psychology,
13 sociology, and biology or another physical science, and with
14 education in selected artistic skills. For an art therapist,
15 such a program must be accredited by the American Art Therapy
16 Association and must be at least as stringent as the
17 requirements necessary to be registered with that association.
18 For an art therapy assistant, such a program must be approved
19 by the American Art Therapy Association.
20 (c) Has successfully completed a period of supervised
21 fieldwork experience at a recognized educational institution
22 or a training program approved by the educational institution
23 through which he or she met the academic requirements. For an
24 art therapist, a minimum of 6 months of supervised fieldwork
25 experience is required. For an art therapy assistant, a
26 minimum of 2 months of supervised fieldwork experience is
27 required.
28 (d) Has passed an examination conducted or adopted by
29 the board as provided in s. 468.813.
30 (2) An applicant who has practiced for 4 years as an
31 art therapy assistant licensed by the state or certified by
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1 the American Art Therapy Association and who has completed a
2 minimum of 6 months of supervised fieldwork experience may
3 take the examination to be licensed as an art therapist
4 without meeting the educational requirements for art
5 therapists under paragraph (1)(b).
6 (3) If the board determines that an applicant is
7 qualified to be licensed by endorsement under s. 468.815, the
8 board may issue the applicant a temporary permit to practice
9 art therapy until the next board meeting at which license
10 applications are to be considered, but not for a longer period
11 of time. Only one temporary permit may be issued to an
12 applicant, and it is nonrenewable.
13 (4) If the board determines that the applicant has not
14 passed an examination to determine competence to practice art
15 therapy, which examination is recognized by the board, and is
16 not qualified to be licensed by endorsement, but has otherwise
17 met all the requirements of this section and has made
18 application for the next scheduled examination, the board may
19 issue the applicant a temporary permit allowing him or her to
20 practice art therapy under the supervision of a licensed art
21 therapist until notification of the results of the
22 examination. An individual who has passed the examination may
23 continue to practice art therapy under his or her temporary
24 permit until the next meeting of the board. An individual who
25 has failed the examination may not continue to practice art
26 therapy under his or her temporary permit; and such permit
27 shall be deemed revoked upon notification to the board of the
28 examination results and the subsequent, immediate notification
29 by the board to the applicant of the revocation. Only one
30 temporary permit may be issued to an applicant, and it is
31 nonrenewable.
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1 468.813 Examination for licensure.--
2 (1) Any person applying for licensure must, in
3 addition to demonstrating his or her eligibility in accordance
4 with the requirements of s. 468.811, apply to the board or the
5 appropriate examining entity for examination, upon a form and
6 in such a manner as the board or the examining entity
7 prescribes. Such application must be accompanied by the
8 nonrefundable fee prescribed by s. 468.823 or by a comparable
9 fee established by the examining entity. A person who fails
10 an examination may apply for reexamination accompanied by the
11 prescribed fee; however, such person must also reapply to the
12 board for licensure in the manner prescribed in s. 468.811.
13 (2) Each applicant for licensure under this part shall
14 be examined, as determined by the board, in a written
15 examination to test the applicant's knowledge of the basic and
16 clinical sciences relating to art therapy and art therapy
17 theory and practice, including the applicant's professional
18 skills and judgment in the utilization of art therapy
19 techniques and methods, and such other subjects as the board
20 may deem useful to determine the applicant's fitness to
21 practice. The board shall establish standards for acceptable
22 performance.
23 (3) Applicants for licensure shall be examined at such
24 times and places and under such supervision as the board may
25 determine. Examinations shall be given at least twice each
26 year at such places within this state as the board may
27 determine, and the board shall give reasonable public notice
28 of such examinations in accordance with its rules at least 60
29 days prior to their administration and shall notify by mail
30 each individual examination applicant of the time and place of
31 their administration.
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1 (4) The board may, by rule, adopt the use of a
2 national examination based on standards that are not less than
3 those required to be registered with the American Art Therapy
4 Association, or any other examination based on equivalent
5 standards and approved by the Art Therapy Association of
6 Florida, in lieu of part or all of the examination required by
7 this section; and a reasonable passing score shall be set by
8 rule of the board.
9 (5) Applicants may obtain their examination scores and
10 review their papers in accordance with such rules as the board
11 may establish.
12 468.815 Licensure by endorsement.--
13 (1) The board may waive the examination and grant a
14 license to any person who presents proof of current
15 registration as an art therapist or current certification as
16 an art therapy assistant by the American Art Therapy
17 Association, if the board determines the requirements for such
18 registration or certification to be equivalent to the
19 requirements for licensure under this part, and also proof of
20 completion of at least 5,000 cumulative hours of practice at
21 the time of application for such license.
22 (2) The board may waive the examination and grant a
23 license to any applicant who presents proof of current
24 licensure as an art therapist or art therapy assistant in
25 another state, the District of Columbia, or a territory of the
26 United States which requires standards for licensure
27 determined by the board to be equivalent to the requirements
28 for licensure under this part.
29 468.817 Issuance of license; use of professional
30 titles.--
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1 (1) The board shall issue a license to any person who
2 meets the requirements of this part upon payment of the
3 license fee prescribed.
4 (2)(a) Any person who is issued a license as an art
5 therapist under this part may use the words "art therapist,"
6 "licensed art therapist," or "art therapist registered," or
7 may use the letters "A.T.," "L.A.T.," or "A.T.R.," in
8 connection with the person's name or place of business to
9 denote his or her licensure under this part.
10 (b) Any person who is issued a license as an art
11 therapy assistant under this part may use the words "art
12 therapy assistant," "licensed art therapy assistant," or
13 "certified art therapy assistant," or may use the letters
14 "A.T.A.," "L.A.T.A.," or "C.A.T.A.," in connection with the
15 person's name or place of business to denote his or her
16 licensure under this part.
17 468.819 Disciplinary proceedings.--
18 (1) The board may deny or refuse to renew a license,
19 suspend or revoke a license, issue a reprimand, impose a fine,
20 or impose probationary conditions upon a licensee, when the
21 licensee or applicant for license has been found to have
22 engaged in unprofessional conduct that has endangered, or is
23 likely to endanger, the health, welfare, or safety of the
24 public. Such unprofessional conduct includes:
25 (a) Attempting to obtain or obtaining, or attempting
26 to renew or renewing, a license to practice art therapy by
27 bribery, by fraudulent misrepresentation, or through an error
28 of the department or the board.
29 (b) Having a license to practice art therapy revoked,
30 suspended, or otherwise acted against, including the denial of
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1 licensure, by the licensing authority of another state,
2 territory, or country.
3 (c) Being convicted or found guilty of or entering a
4 plea of nolo contendere to, regardless of adjudication, a
5 crime in any jurisdiction which directly relates to the
6 practice of art therapy or to the ability to practice art
7 therapy. A plea of nolo contendere shall create a rebuttable
8 presumption of guilt to the underlying criminal charges.
9 (d) Engaging in false, deceptive, or misleading
10 advertising.
11 (e) Advertising, practicing, or attempting to practice
12 under a name other than one's own name.
13 (f) Failing to report to the department any person who
14 the licensee knows is in violation of this part or of the
15 rules of the department or of the board.
16 (g) Aiding, assisting, procuring, or advising any
17 unlicensed person to practice art therapy contrary to this
18 part or to a rule of the department or the board.
19 (h) Failing to perform any statutory or legal
20 obligation placed upon a licensed art therapist or art therapy
21 assistant.
22 (i) Making or filing a report which the licensee knows
23 to be false, intentionally or negligently failing to file a
24 report or record required by state or federal law, or
25 willfully impeding or obstructing such filing or inducing
26 another person to do so. Such reports or records include only
27 those which are signed in the individual's capacity as a
28 licensed art therapist or art therapy assistant.
29 (j) Paying or receiving any commission, bonus,
30 kickback, or rebate to or from, or engaging in any split-fee
31 arrangement in any form whatsoever with, any physician,
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1 organization, agency, or person, either directly or
2 indirectly, for patients referred to providers of health care
3 goods and services, including, but not limited to, hospitals,
4 nursing homes, clinical laboratories, ambulatory surgical
5 centers, or pharmacies. This paragraph may not be construed
6 to prevent an art therapist or art therapy assistant from
7 receiving a fee for professional consultation services.
8 (k) Exercising influence within a patient-therapist
9 relationship for purposes of engaging a patient in sexual
10 activity. A patient is presumed to be incapable of giving
11 free, full, and informed consent to sexual activity with the
12 patient's art therapist or art therapy assistant.
13 (l) Making deceptive, untrue, or fraudulent
14 representations in the practice of art therapy or employing a
15 trick or scheme in the practice of art therapy if such scheme
16 or trick fails to conform to the generally prevailing
17 standards of treatment in the art therapy community.
18 (m) Soliciting patients, either personally or through
19 an agent, through the use of fraud, intimidation, undue
20 influence, or a form of overreaching or vexatious conduct.
21 For purposes of this paragraph, a "solicitation" is any
22 communication which directly or implicitly requests an
23 immediate oral response from the recipient.
24 (n) Failing to keep written records justifying the
25 course of treatment of the patient, including, but not limited
26 to, patient histories, examination results, and test results.
27 (o) Exercising influence on the patient or client in
28 such a manner as to exploit the patient or client for
29 financial gain of the licensee or of a third party which
30 includes, but is not limited to, the promoting or selling of
31 services, goods, appliances, or drugs.
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1 (p) Performing professional services that have not
2 been duly authorized by the patient or client, or his or her
3 legal representative, except as provided in s. 768.13.
4 (q) Gross or repeated malpractice or the failure to
5 practice art therapy with that level of care, skill, and
6 treatment which is recognized by a reasonably prudent similar
7 art therapist or art therapy assistant as being acceptable
8 under similar conditions and circumstances.
9 (r) Performing any procedure which, by the prevailing
10 standards of art therapy practice in the community, would
11 constitute experimentation on a human subject without first
12 obtaining full, informed, and written consent.
13 (s) Practicing or offering to practice beyond the
14 scope permitted by law or accepting and performing
15 professional responsibilities which the licensee knows or has
16 reason to know that he or she is not competent to perform.
17 (t) Being unable to practice art therapy with
18 reasonable skill and safety to patients by reason of illness
19 or use of alcohol, drugs, narcotics, chemicals, or any other
20 type of material or as a result of any mental or physical
21 condition. In enforcing this paragraph, the department shall
22 have, upon probable cause, authority to compel an art
23 therapist or art therapy assistant to submit to a mental or
24 physical examination by physicians designated by the
25 department. The failure of an art therapist or art therapy
26 assistant to submit to such examination when so directed
27 constitutes an admission of the allegations against him or
28 her, upon which a default and final order may be entered
29 without the taking of testimony or presentation of evidence,
30 unless the failure was due to circumstances beyond his or her
31 control. An art therapist or art therapy assistant affected
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1 under this paragraph shall at reasonable intervals be afforded
2 an opportunity to demonstrate that he or she can resume the
3 competent practice of art therapy with reasonable skill and
4 safety to patients. In any proceeding under this paragraph,
5 neither the record of proceedings nor the orders entered by
6 the board may be used against an art therapist or art therapy
7 assistant in any other proceeding.
8 (u) Delegating professional responsibilities to a
9 person when the licensee who is delegating such
10 responsibilities knows or has reason to know that such person
11 is not qualified by training, experience, or licensure to
12 perform them.
13 (v) Violating any provision of this part, a rule of
14 the board or department, or a lawful order of the board or
15 department previously entered in a disciplinary hearing or
16 failing to comply with a lawfully issued subpoena of the
17 department.
18 (w) Conspiring with another licensee or with any other
19 person to commit an act, or committing an act, which would
20 tend to coerce, intimidate, or preclude another licensee from
21 lawfully advertising his or her services.
22 (2) The board may not reinstate the license of an art
23 therapist or art therapy assistant, or cause a license to be
24 issued to a person it has deemed unqualified, until such time
25 as the board is satisfied that such person has complied with
26 all the terms and conditions set forth in the final order and
27 is capable of safely engaging in the practice of art therapy.
28 468.821 Renewal of license; continuing education.--
29 (1) Licenses issued under this part are subject to
30 biennial renewal as provided in s. 455.203.
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1 (2) The board may by rule prescribe continuing
2 education requirements, not to exceed 30 contact hours
3 biennially, as a condition for renewal of licensure. The
4 program criteria for those requirements must be approved by
5 the board.
6 468.823 Fees.--
7 (1) The board shall prescribe, and publish in the
8 manner established by its rules, fees in amounts determined by
9 the board for the following purposes:
10 (a) Application for license fee.
11 (b) Examination fee.
12 (c) Initial license fee.
13 (d) Renewal of active license fee.
14 (e) Delinquency fee.
15 (f) Application for inactive license fee.
16 (g) Renewal of inactive license fee.
17 (h) Reactivation fee.
18 (2) Such fees shall be set in such amounts as to
19 reimburse the state, to the extent feasible, for the cost of
20 the services rendered.
21 468.825 Prohibitions; penalties.--
22 (1) A person may not:
23 (a) Practice art therapy unless such person is
24 licensed pursuant to this part;
25 (b) Use, in connection with his or her name or place
26 of business, the words "art therapist," "licensed art
27 therapist," "art therapist registered," "art therapy
28 assistant," "licensed art therapy assistant," or "certified
29 art therapy assistant"; the letters "A.T.," "L.A.T.,"
30 "A.T.R.," "A.T.A.," "L.A.T.A.," or "C.A.T.A."; or any other
31 words, letters, abbreviations, or insignia indicating or
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1 implying that he or she is an art therapist or an art therapy
2 assistant or, in any way, orally or in writing, in print or by
3 sign, directly or by implication, to represent himself or
4 herself as an art therapist or an art therapy assistant unless
5 the person is a holder of a valid, active license issued under
6 this part;
7 (c) Present as his or her own the license of another;
8 (d) Knowingly give false or forged evidence to the
9 board or a member thereof;
10 (e) Use or attempt to use a license which has been
11 suspended, revoked, or placed on inactive or delinquent
12 status;
13 (f) Employ unlicensed persons to engage in the
14 practice of art therapy; or
15 (g) Conceal information relative to any violation of
16 this part.
17 (2) A person who violates any provision of this
18 section commits a misdemeanor of the second degree, punishable
19 as provided in s. 775.082 or s. 775.083.
20 468.827 Persons and practices not affected.--
21 (1) Nothing in this part may be construed as
22 preventing or restricting the practice, services, or
23 activities of:
24 (a) Any person licensed in this state by any other law
25 from engaging in the profession or occupation for which he or
26 she is licensed.
27 (b) Any person employed as an art therapist or art
28 therapy assistant by the United States, if such person
29 provides art therapy solely under the direction or control of
30 the organization by which he or she is employed.
31
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1 (c) Any person pursuing a course of study leading to a
2 degree or certificate in art therapy at an accredited or
3 approved educational program, if such activities and services
4 constitute a part of a supervised course of study and if such
5 person is designated by a title that clearly indicates his or
6 her status as a student or trainee.
7 (d) Any person fulfilling the supervised fieldwork
8 experience requirements of s. 468.811, if such activities and
9 services constitute a part of the experience necessary to meet
10 the requirements of that section.
11 (e) Any person employed by, or working under the
12 direct supervision of, an art therapist as an art therapy
13 aide.
14 (2) No provision of this part may be construed to
15 prohibit physicians, nurses, physical therapists, osteopathic
16 physicians or surgeons, or clinical psychologists from using
17 art therapy as a part of or incidental to their profession,
18 when they practice their profession under the statutes
19 applicable to their profession.
20 Section 2. This act shall take effect July 1, 1997.
21
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23 HOUSE SUMMARY
24
Creates part XV of chapter 468, F.S., the Art Therapy
25 Practice Act. Requires art therapists to be licensed by
the Board of Clinical Social Work, Marriage and Family
26 Therapy, and Mental Health Counseling, and provides the
board with rulemaking authority to carry out such
27 regulatory duties. Creates the Art Therapy Council to
assist the board in that regulation. Provides licensure
28 requirements. Provides for a licensure examination.
Provides for licensure by endorsement. Provides
29 disciplinary measures and the actions to which they may
be applied. Provides for license renewal, including
30 continuing education requirements. Provides for fees.
Prohibits certain acts, and provides penalties therefor.
31 Specifies persons and practices not affected. See bill
for details.
16