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 “professional art therapist”; 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. This act may be cited as the “Professional Art 38 Therapist Licensure Act.” 39 Section 2. The 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. Present 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: 57 491.003 Definitions.—As used in this chapter: 58 (11) “Professional art therapist” means a person licensed 59 under this chapter to practice professional art therapy. 60 Section 4. The 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. Subsections (1), (2), and (3) of section 67 491.004, Florida Statutes, are amended to read: 68 491.004 Board of Clinical Social Work, Marriage and Family 69 Therapy, and Mental Health Counseling.— 70 (1) There is created within the department the Board of 71 Clinical Social Work, Marriage and Family Therapy, and Mental 72 Health Counseling composed of 10
ninemembers appointed by the 73 Governor and confirmed by the Senate. 74 (2)(a) Seven Sixmembers of the board shall be persons 75 licensed under this chapter as follows: 76 1. Two members shall be licensed practicing clinical social 77 workers. 78 2. Two members shall be licensed practicing marriage and 79 family therapists. 80 3. Two members shall be licensed practicing mental health 81 counselors. 82 4. One member shall be a licensed practicing professional 83 art therapist. 84 (b) Three 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) No later than January 1, 1988,The Governor shall 89 appoint 10 ninemembers of the board as follows: 90 (a) Three members for terms of 2 years each. 91 (b)Three members for terms of 3 years each. 92 (c) Three members for terms of 4 years each. 93 (d) One licensed practicing professional art therapist 94 member for a term of 4 years. 95 Section 6. Section 491.019, Florida Statutes, is created to 96 read: 97 491.019 Professional art therapy.— 98 (1) As used in this section, the term: 99 (a) “Art therapist intern” means a person registered under 100 subsection (3) who is completing the post-master’s clinical 101 experience pursuant to paragraph (2)(c). 102 (b) “Board-certified art therapist” 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) “Licensed professional art therapist” means an 106 individual who is licensed under this chapter to engage in the 107 practice of professional art therapy. 108 (d) “Practice of professional art therapy” 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. The 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. Psychological 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. Consultation, 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) The 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) Has submitted a completed application. 139 (b) Holds a minimum of a master’s degree from an accredited 140 college or university in: 141 1. An 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. A program that is substantially equivalent to an 146 approved or accredited program in art therapy, as determined by 147 board rule. 148 (c) Has completed at least 2 years of clinical experience 149 in professional art therapy, which must be at the post-master’s 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) Has 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) Has 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) If an individual intends to practice art therapy to 163 satisfy the post-master’s 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) The 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. Has submitted a completed application. 170 2. Has completed the education requirements specified in 171 paragraph (2)(b). 172 3. Has submitted an acceptable supervision plan, as 173 determined by board rule. 174 4. Has identified a qualified supervisor, as determined by 175 board rule. 176 (c) An 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) The 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. Has submitted a completed application. 183 2. Holds 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. Has 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. Has 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. Is 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) The 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. Has 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. Has 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. Has 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 master’s or doctoral degree or following completion of such 215 degree. 216 4. Has 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. Is 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) The board or department shall adopt rules 224 establishing requirements for the annual renewal of professional 225 art therapist licenses. 226 (b)1. An 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. The 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) Continuing 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) The board or department shall adopt rules establishing 242 requirements for the annual renewal of art therapist intern 243 registrations. 244 (6)(a) Inactive 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) An inactive license may be renewed annually. 248 (c) An inactive license may be reactivated by submitting a 249 completed application to the department. 250 (7)(a) The following acts constitute grounds for denial of 251 a license or disciplinary action, as specified in s. 456.072(2): 252 1. Committing any act specified in s. 491.009(1). 253 2. Committing 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. Disclosing 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 client’s explicit consent, except as 260 mandated by law or court order. 261 (b) The 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) A person may not: 266 1. Practice 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. Use the title “licensed professional art therapist,” 271 “professional art therapist,” or “licensed art therapist,” 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. Use the title “registered art therapist intern,” 278 “registered art therapist,” or “art therapist intern,” 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. Present as his or her own the professional art therapist 284 license or art therapist intern registration of another. 285 5. Give 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. Use or attempt to use a license or registration issued 289 pursuant to this section which has been revoked or suspended. 290 7. Knowingly conceal information relative to violations of 291 this section. 292 (b) A person who violates paragraph (a) commits a 293 misdemeanor of the first degree, punishable as provided in s. 294 775.082 or s. 775.083. 295 (c) The department may institute appropriate judicial 296 proceedings to enjoin violations of this subsection. 297 (9) This section does not restrict the activities or 298 practice of an individual licensed or certified under this 299 chapter or any other law of this state from engaging in the 300 profession or practice for which he or she is licensed or 301 certified if he or she is providing services that are within the 302 scope of practice of his or her license or certification and 303 consistent with his or her professional training, provided that 304 the individual does not hold himself or herself out to the 305 public as a licensed professional art therapist or registered 306 art therapist intern under this section. 307 (10) The following persons are not required to be licensed 308 to practice professional art therapy or to be registered art 309 therapist interns under this section: 310 (a) A salaried employee of a government agency; a 311 developmental disability facility or program; a domestic 312 violence center certified under chapter 39; a mental health, 313 alcohol, or drug abuse facility operating under chapter 393, 314 chapter 394, or chapter 397, respectively; a child-placing or 315 child-caring agency licensed under chapter 409; the statewide 316 child care resource and referral network operating under s. 317 1002.92; an accredited academic institution; or a research 318 institution, if such employee is performing only duties for 319 which he or she was trained and hired solely within the confines 320 of such agency, facility, program, center, network, or 321 institution, so long as the employee is not held out to the 322 public as a registered art therapist intern or licensed 323 professional art therapist. 324 (b) A salaried employee of a private, nonprofit 325 organization providing counseling services to children, youth, 326 and families, if such services are provided at no charge and 327 such employee is performing duties for which he or she was 328 trained and hired, so long as the employee is not held out to 329 the public as a registered art therapist intern or licensed 330 professional art therapist. 331 (c) A student providing professional art therapy services 332 regulated under this section who is enrolled in a post-master’s 333 or doctoral program in professional art therapy if such services 334 are provided under supervision as part of an approved course of 335 study. 336 (d) A nonresident of this state who offers professional art 337 therapy services in this state if all of the following 338 requirements are met: 339 1. The nonresident is licensed or certified to practice 340 professional art therapy in another state or territory of the 341 United States or in a foreign country or province. 342 2. Such services are performed for no more than 15 days in 343 any calendar year. 344 (11) The board and department shall adopt rules to 345 administer this section. 346 Section 7. This act shall take effect July 1, 2023.