Bill Text: FL S1752 | 2017 | Regular Session | Introduced
Bill Title: Art Therapy
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Health Policy [S1752 Detail]
Download: Florida-2017-S1752-Introduced.html
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.
