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.