Florida Senate - 2017 SB 1752 By Senator Rouson 19-00444-17 20171752__ 1 A bill to be entitled 2 An act relating to art therapy; creating part XVII of 3 ch. 468, F.S., entitled “Art Therapy”; creating s. 4 468.901, F.S.; providing legislative findings and 5 intent; creating s. 468.902, F.S.; defining terms; 6 creating s. 468.903, F.S.; creating the Advisory 7 Council of Professional Art Therapists within the 8 Division of Medical Quality Assurance in the 9 Department of Health; providing for membership of the 10 council; providing for per diem and travel expenses; 11 requiring the council to meet at least annually or at 12 the call of the director of the division; requiring 13 the council to provide the director with certain 14 expertise and assistance; requiring the director to 15 consult with the council before issuing rules; 16 creating s. 468.904, F.S.; prohibiting an individual 17 from practicing professional or clinical art therapy 18 unless he or she holds a certain license; providing 19 exceptions; prohibiting an individual from using the 20 title “professional art therapist” or “clinical art 21 therapist,” from using certain letters, words, or 22 insignia, or from representing himself or herself as 23 licensed or qualified to practice professional art 24 therapy without a license; providing penalties; 25 providing for construction; creating s. 468.905, F.S.; 26 establishing requirements for licensure as a 27 professional art therapist and a clinical art 28 therapist; authorizing the director to determine that 29 certain programs are substantially equivalent to 30 accredited art therapy programs; providing for the 31 licensure of applicants who hold a license issued by 32 another state or jurisdiction under certain 33 circumstances; exempting certain applicants from 34 licensure requirements; requiring certain fees to be 35 deposited into the Medical Quality Assurance Trust 36 Fund; creating s. 468.906, F.S.; requiring a license 37 to be renewed biennially, subject to certain 38 requirements; requiring the director to establish 39 continuing education requirements; providing that 40 failure to renew shall result in forfeiture of the 41 license; authorizing a forfeited license to be 42 restored under certain circumstances; creating s. 43 468.907, F.S.; specifying disciplinary grounds and 44 actions; authorizing the division, in consultation 45 with the advisory council, to conduct investigations 46 into violations; requiring the division to adopt rules 47 for the administration of disciplinary procedures and 48 actions; creating s. 468.908, F.S.; authorizing the 49 division to adopt rules; amending s. 1002.66, F.S.; 50 adding art therapy to the list of specialized 51 instructional services that parents of children 52 eligible for the prekindergarten program for children 53 with disabilities may select; amending s. 1003.572, 54 F.S.; including professional art therapists as private 55 instructional personnel to provide specialized 56 services in public schools; providing an effective 57 date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Part XVII of chapter 468, Florida Statutes, 62 consisting of ss. 468.901-468.908, Florida Statutes, is created 63 and entitled “Art Therapy.” 64 Section 2. Section 468.901, Florida Statutes, is created to 65 read: 66 468.901 Legislative findings and intent.—The Legislature 67 finds that understanding the power of art and art-making to 68 stimulate memories and reveal emotions, as well as possessing 69 the necessary skill to safely manage and interpret the reactions 70 that different art processes may evoke in people, is unique to 71 professionally trained art therapists. The Legislature further 72 finds that the practice of art therapy, if applied beyond the 73 competence of the practitioner or if applied by an individual 74 with no appropriate training, presents a danger to public 75 health, safety, and welfare. It is the intent of this act to 76 secure the health, safety, and welfare of the public, and to 77 assist the public in making informed choices regarding art 78 therapy services, by establishing minimum qualifications for the 79 practice of professional art therapy and the practice of 80 clinical art therapy. 81 Section 3. Section 468.902, Florida Statutes, is created to 82 read: 83 468.902 Definitions.—As used in this part, the term: 84 (1) “Accredited art therapy program” means a master’s or 85 doctoral degree program in art therapy at a nationally 86 accredited college or university which was approved by the 87 American Art Therapy Association at the time an applicant’s 88 degree was granted or, beginning January 1, 2020, a master’s or 89 doctoral degree program in art therapy accredited by the 90 Commission on Accreditation of Allied Health Education Programs. 91 (2) “Advisory council” means the Advisory Council of 92 Professional Art Therapists established in s. 468.903. 93 (3) “Art therapy” means the integrated use of 94 psychotherapeutic principles, art media, and creative processes 95 to assist an individual, couple, family, or group in increasing 96 the awareness of self and others, coping with stress and the 97 symptoms that arise from traumatic experiences, enhancing 98 cognitive abilities, and identifying and implementing 99 therapeutic interventions to meet the developmental, behavioral, 100 physical, mental, and emotional needs of the individual, couple, 101 family, or group. 102 (4) “Art therapy certified supervisor” means a board 103 certified art therapist holding the Art Therapy Certified 104 Supervisor credential from the Art Therapy Credentials Board. 105 (5) “Board-certified art therapist” means an individual who 106 holds national board certification in good standing with the Art 107 Therapy Credentials Board. 108 (6) “Director” means the director of the Division of 109 Medical Quality Assurance. 110 (7) “Division” means the Division of Medical Quality 111 Assurance within the Department of Health. 112 (8) “Licensed clinical art therapist” means an individual 113 who is licensed by the division to practice clinical art therapy 114 pursuant to s. 468.905(3). 115 (9) “Licensed professional art therapist” means an 116 individual who is licensed by the division to practice 117 professional art therapy pursuant to s. 468.905(1). 118 (10) “Practice of clinical art therapy” means the practice 119 of clinical art therapy by an independent or adjunctive 120 therapist who provides services to an individual, couple, 121 family, or group using art therapy principles and methods in the 122 diagnosis, prevention, treatment, and amelioration of the 123 psychological problems and the physical, emotional, or mental 124 conditions of the individual, couple, family, or group. 125 (11) “Practice of professional art therapy” means to engage 126 professionally and for compensation in art therapy by providing 127 services that involve application of art therapy principles and 128 methods that include, but are not limited to, the use of: 129 (a) Evaluation and treatment activities during an 130 individual, couple, family, or group session which provide 131 opportunities for expression through the creative process; 132 (b) The process and products of art creation to tap into a 133 client’s inner fears, conflicts, and core issues with the goal 134 of improving his or her physical, mental, and emotional 135 functioning and well-being; 136 (c) Diagnostic art therapy assessments to determine 137 treatment goals and implement therapeutic art interventions that 138 meet the client’s developmental, physical, mental, behavioral, 139 and emotional needs; and 140 (d) Art media, the creative process, and the resulting 141 artwork to assist the client to: 142 1. Reduce symptoms of a mental health problem, which 143 includes, but is not limited to, depression, anxiety, 144 posttraumatic stress, and attachment disorder; 145 2. Enhance neurological, cognitive, and verbal abilities, 146 develop social skills, aid sensory impairments, and improve 147 developmental capabilities; 148 3. Cope with symptoms of stress, anxiety, traumatic 149 experiences, and grief; 150 4. Explore feelings, gain insight into behaviors, and 151 reconcile emotional conflicts; 152 5. Improve or restore functioning and a sense of personal 153 well-being; 154 6. Increase coping skills, self-esteem, awareness of self, 155 and empathy for others; 156 7. Improve healthy channeling of anger and guilt; and 157 8. Promote developmentally appropriate interactions and 158 relationships in academic and social settings. 159 (12) “Supervised experience” means the regular oversight of 160 the functions and activities of an art therapy student as part 161 of an internship or practicum, or of an art therapy graduate 162 trainee engaged in the practice of professional art therapy or 163 the practice of clinical therapy to fulfill the requirements for 164 licensure under s. 468.905, by an art therapy certified 165 supervisor, board-certified art therapist, or other qualified 166 mental health professional as determined by rule. 167 Section 4. Section 468.903, Florida Statutes, is created to 168 read: 169 468.903 Advisory Council of Professional Art Therapists.— 170 (1) There is created within the division an Advisory 171 Council of Professional Art Therapists. The advisory council 172 consists of five members, two of whom are licensed professional 173 art therapists, two of whom are licensed clinical art 174 therapists, and one of whom is a licensed health care provider 175 who is not connected with the practice of professional art 176 therapy. Appointees who are professional art therapists or 177 clinical art therapists must hold a license issued by the 178 division pursuant to s. 468.905 and must have engaged in the 179 practice of professional art therapy in this state for at least 180 4 years immediately before appointment. 181 (a) Advisory council members are appointed by the director 182 and shall serve for 3 years; however, the terms shall be 183 staggered, as determined by rule, and initial appointments to 184 fill the professional art therapist positions on the advisory 185 council must be for a term of at least 1 year. 186 (b) Advisory council members may serve consecutive terms at 187 the will of the director. 188 (c) Advisory council members shall serve without 189 compensation, but are entitled to reimbursement for per diem and 190 travel expenses pursuant to s. 112.061. 191 (2) The advisory council shall meet at least annually or at 192 the call of the director. 193 (3) The advisory council shall provide the director with 194 expertise and assistance in carrying out his or her duties and 195 responsibilities pursuant to this part, including: 196 (a) Advising the director in developing rules relating to 197 procedures and requirements for licensure and the biennial 198 renewal of licenses, fees, licensure examinations, and approval 199 of art therapy programs; 200 (b) Evaluating the professional qualifications of 201 applicants for licensure; 202 (c) Developing materials that the division may use to 203 educate the public about art therapy and the licensure of 204 clinical and professional art therapists; and 205 (d) Reviewing complaints of improper or unethical practice 206 by licensed art therapists and providing advice regarding 207 disciplinary actions. 208 (4) The director must consult with the advisory council 209 before issuing rules pursuant to s. 468.908. 210 Section 5. Section 468.904, Florida Statutes, is created to 211 read: 212 468.904 Licensure requirement; use of title.— 213 (1) An individual may not, for or without compensation, 214 engage in the practice of professional art therapy or the 215 practice of clinical art therapy without a license issued by the 216 division pursuant to s. 468.905. The requirement for licensure 217 does not apply to: 218 (a) A student enrolled in a postgraduate program in art 219 therapy or a related field approved by the director who is 220 practicing under supervision as part of an approved course of 221 study; or 222 (b) A person holding a master’s or doctoral degree from an 223 accredited art therapy program, or from a postgraduate program 224 in art therapy or a related field approved by the director under 225 s. 468.905(2), who is practicing under supervision as part of 226 clinical training approved by the division to satisfy the 227 supervised experience requirement for licensure under s. 228 468.905. 229 (2) An individual may not, for or without compensation, use 230 in connection with his or her name the professional designations 231 “professional art therapist” or “clinical art therapist” or use 232 any letter, word, or insignia or otherwise represent himself or 233 herself to the public as licensed or qualified to practice 234 professional art therapy or clinical art therapy, directly or 235 through a governmental or private organization, entity, or 236 agency, unless the individual holds a license issued by the 237 division pursuant to s. 468.905. 238 (3) An individual who violates this section commits a 239 misdemeanor of the first degree, punishable as provided in s. 240 775.082 or s. 775.083. 241 (4) This section may not be construed to restrict the 242 activities or practice of an individual licensed or certified 243 under any other law of this state from engaging in the 244 profession or practice for which he or she is licensed or 245 certified if he or she is providing services that are consistent 246 with the individual’s professional training and if he or she 247 does not represent, imply, or claim that he or she is a 248 professional art therapist or clinical art therapist licensed 249 under this part. 250 Section 6. Section 468.905, Florida Statutes, is created to 251 read: 252 468.905 Issuance of licenses.— 253 (1) The division shall issue a professional art therapist 254 license to an applicant who files an application using a form 255 and in such manner as the division prescribes, accompanied by 256 applicable fees, and who furnishes evidence satisfactory to the 257 division that the applicant: 258 (a) Holds a master’s degree or higher from an accredited 259 art therapy program or a substantially equivalent program 260 approved by the director; 261 (b) Has completed a minimum of 3 years, with a minimum of 262 3,000 hours, of supervised experience, of which: 263 1. A minimum of 2 years, or 2,000 hours, was completed 264 following completion of the graduate degree; 265 2. A minimum of 1,500 hours of postgraduate supervised 266 experience involved the practice of professional art therapy 267 face-to-face with clients, some part of which may have included 268 participation in a doctoral internship; and 269 3. At least 1 hour of direct contact between the graduate 270 trainee and an approved supervisor was provided per 15 hours of 271 practice face-to-face with clients, with a minimum of 1 hour of 272 direct supervision every 2 weeks; and 273 (c) Has passed the Art Therapy Credentials Board 274 Examination. 275 (2) The director may determine that a master’s or doctoral 276 degree program in art therapy or a related field at a nationally 277 accredited college or university is substantially equivalent to 278 an accredited art therapy program if the program includes at 279 least 60 semester credit hours, or the equivalent, of graduate 280 level courses that include courses and training in the following 281 areas: 282 (a) The art therapy profession. 283 (b) Theory and practice of art therapy. 284 (c) Human growth and developmental dynamics in art. 285 (d) Application of art therapy with people in different 286 treatment settings. 287 (e) Art therapy appraisal, diagnosis, and assessment. 288 (f) Ethical and legal issues of art therapy practice. 289 (g) Matters of cultural and social diversity bearing on the 290 practice of art therapy. 291 (h) Standards of good art therapy practice. 292 (i) Group art therapy. 293 (j) An art therapy internship of at least 600 hours which 294 is performed under appropriate supervision and is part of an 295 approved course of study. 296 (3) The division shall issue a clinical art therapist 297 license to an applicant who files an application using a form 298 and in such manner as the division prescribes, accompanied by 299 applicable fees, and who furnishes evidence satisfactory to the 300 division that the applicant: 301 (a) Has met all qualifications for licensure required under 302 subsection (1); 303 (b) Has completed at least 9 semester credit hours, or the 304 equivalent, of graduate-level courses specifically related to 305 the diagnosis, treatment, appraisal, and assessment of mental, 306 emotional, behavioral, and addiction disorders, either as part 307 of an approved course of study for the master’s or doctoral 308 degree or following completion of such degree; and 309 (c) Has completed postgraduate supervised experience in the 310 practice of clinical art therapy in a clinical setting that 311 provides substantial opportunities to diagnose, treat, appraise, 312 and assess mental, emotional, behavioral, and addiction 313 disorders in both individual and group settings. 314 (4) The division shall issue a professional art therapist 315 license to an applicant who completes and submits an application 316 using a form and in such manner as the division prescribes, 317 accompanied by applicable fees, and who furnishes evidence 318 satisfactory to the division that the applicant holds a license 319 in good standing as a professional art therapist issued by 320 another state or jurisdiction in which the qualifications 321 required for licensure are equal to or greater than those 322 required by subsection (1). 323 (5) The division shall waive the requirements of subsection 324 (1) and issue a professional art therapist license to an 325 applicant who, before July 1, 2019, files an application using a 326 form and in a manner as the division prescribes, accompanied by 327 applicable fees, and who furnishes evidence satisfactory to the 328 division that the applicant: 329 (a) Is a board-certified art therapist in good standing 330 with the Art Therapy Credentials Board; and 331 (b) Has at least 5 years of relevant experience in the 332 practice of art therapy before July 1, 2017, which may include 333 up to 1 year of supervised experience as determined by the 334 director. 335 (6) Fees collected pursuant to this section shall be 336 deposited into the Medical Quality Assurance Trust Fund as 337 provided under s. 456.025. 338 Section 7. Section 468.906, Florida Statutes, is created to 339 read: 340 468.906 License renewal.— 341 (1) A license issued by the division under this part must 342 be renewed biennially by submission of an application using a 343 form and in a manner as the division prescribes, payment of a 344 renewal fee, and submission by the licensee of evidence of 345 satisfactory completion of required continuing education. 346 (2) The director shall establish by rule the requirements 347 for the number of credit hours and content of continuing 348 education, approval of qualified providers of continuing 349 education, and procedures for verifying and issuing credit for 350 satisfactory completion of continuing education. The continuing 351 education must incorporate the requirements and standards for 352 maintaining national board certification in good standing with 353 the Art Therapy Credentials Board. 354 (3) Failure to renew a license shall result in forfeiture 355 of the license. A license that has been forfeited may be 356 restored within 1 year after the expiration date upon the 357 licensee’s payment of renewal and restoration fees and 358 submission by the licensee of evidence of satisfactory 359 completion of the continuing education requirements. Failure to 360 restore a forfeited license within 1 year after the date of its 361 expiration shall result in the automatic termination of the 362 license, and the division may require the individual to reapply 363 for licensure as a new applicant. 364 Section 8. Section 468.907, Florida Statutes, is created to 365 read: 366 468.907 Disciplinary grounds and actions.— 367 (1) The following acts constitute violations of this part 368 and grounds for denial of a license or disciplinary action, as 369 specified in s. 456.072(2): 370 (a) Attempting to obtain, obtaining, or renewing a license 371 issued by the division under this part by fraudulent 372 misrepresentation, by bribery, or through an error of the 373 division. 374 (b) Being convicted or found guilty of, or entering a plea 375 of guilty or nolo contendere to, regardless of adjudication, a 376 crime in any jurisdiction which directly relates to the practice 377 of professional art therapy or the ability to practice art 378 therapy. 379 (c) Engaging in false, deceptive, or misleading advertising 380 or attempting to practice under a name other than one’s own. 381 (d) Failing to meet the minimum standards of performance in 382 professional activities when measured against generally 383 prevailing peer performance, including performing any treatment 384 or therapy for which the licensee is not qualified by training 385 or experience or performing services that have not been duly 386 authorized by the client or his or her legal representative. 387 (e) Making or filing a report that the licensee knows to be 388 false, intentionally or negligently failing to file a report or 389 record required by state or federal law, willfully impeding or 390 obstructing such filing, or inducing another person to do so. 391 (f) Failing to keep a written record for each client, which 392 includes client history, examination results, and the course of 393 prescribed treatment. 394 (g) Failing to make available, upon the written request of 395 a client or client’s legal representative, copies of tests, 396 reports, art products, or documents in the possession of the 397 licensee which have been prepared for, and paid by, the client. 398 (h) Committing an act upon a client which would constitute 399 sexual battery or which would constitute sexual misconduct as 400 defined pursuant to s. 394.4593. 401 (i) Failing to respond within 30 days to a written 402 communication from the division or the Department of Health 403 concerning any investigation by the division or the department, 404 or failing to make available any relevant record with respect to 405 an investigation about the licensee’s conduct or background. 406 (j) Failing or being unable to practice art therapy with 407 reasonable skill or competence as a result of any mental or 408 physical condition or by reason of illness, drunkenness, or 409 excessive use of drugs, narcotics, or chemical substances. 410 (k) Violating a rule relating to the regulation of the art 411 therapy profession or a lawful order of the department 412 previously entered in a disciplinary hearing involving the 413 licensee. 414 (2) The division, in consultation with the advisory 415 council, may conduct an investigation into an alleged violation 416 of this section. 417 (3) The division shall adopt rules for the administration 418 of this section, including determinations of the actions that 419 constitute a substantial violation of this section; the 420 sanctions necessary to protect the public or to compensate 421 clients; circumstances that allow for probation or corrective 422 actions rather than sanctions; and the conditions under which a 423 license may be reinstated after a licensee has undergone 424 disciplinary action. 425 Section 9. Section 468.908, Florida Statutes, is created to 426 read: 427 468.908 Rules.—The division may adopt rules to administer 428 this part. 429 Section 10. Paragraph (f) is added to subsection (2) of 430 section 1002.66, Florida Statutes, to read: 431 1002.66 Specialized instructional services for children 432 with disabilities.— 433 (2) The parent of a child who is eligible for the 434 prekindergarten program for children with disabilities may 435 select one or more specialized instructional services that are 436 consistent with the child’s individual educational plan. These 437 specialized instructional services may include, but are not 438 limited to: 439 (f) Art therapy as defined in s. 468.902. 440 Section 11. Paragraph (g) is added to subsection (1) of 441 section 1003.572, Florida Statutes, to read: 442 1003.572 Collaboration of public and private instructional 443 personnel.— 444 (1) As used in this section, the term “private 445 instructional personnel” means: 446 (g) Professional art therapists licensed under part XVII of 447 chapter 468. 448 Section 12. This act shall take effect July 1, 2017.