Bill Text: IA SF85 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for the licensure of clinical art therapists, making penalties applicable, providing for fees, and including effective date and implementation provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-01-18 - Subcommittee: Segebart, Bolkcom, and Garrett. S.J. 99. [SF85 Detail]
Download: Iowa-2017-SF85-Introduced.html
Senate File 85 - Introduced SENATE FILE BY BOLKCOM and MATHIS A BILL FOR 1 An Act providing for the licensure of clinical art therapists, 2 making penalties applicable, providing for fees, and 3 including effective date and implementation provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1070XS (7) 87 tr/nh/rh PAG LIN 1 1 Section 1. Section 135.24, subsection 7, paragraph d, Code 1 2 2017, is amended to read as follows: 1 3 d. "Health care provider" means a physician licensed under 1 4 chapter 148, a chiropractor licensed under chapter 151, a 1 5 physical therapist licensed pursuant to chapter 148A, an 1 6 occupational therapist licensed pursuant to chapter 148B, 1 7 a podiatrist licensed pursuant to chapter 149, a physician 1 8 assistant licensed and practicing under a supervising physician 1 9 pursuant to chapter 148C, a licensed practical nurse, a 1 10 registered nurse, or an advanced registered nurse practitioner 1 11 licensed pursuant to chapter 152 or 152E, a respiratory 1 12 therapist licensed pursuant to chapter 152B, a dentist, dental 1 13 hygienist, or dental assistant registered or licensed to 1 14 practice under chapter 153, an optometrist licensed pursuant to 1 15 chapter 154, a psychologist licensed pursuant to chapter 154B, 1 16 a social worker licensed pursuant to chapter 154C, a mental 1 17 health counselor, a clinical art therapist, or a marital and 1 18 family therapist licensed pursuant to chapter 154D, a speech 1 19 pathologist or audiologist licensed pursuant to chapter 154F, a 1 20 pharmacist licensed pursuant to chapter 155A, or an emergency 1 21 medical care provider certified pursuant to chapter 147A. 1 22 Sec. 2. Section 147.1, subsections 3 and 6, Code 2017, are 1 23 amended to read as follows: 1 24 3. "Licensed" or "certified", when applied to a physician 1 25 and surgeon, podiatric physician, osteopathic physician and 1 26 surgeon, physician assistant, psychologist, chiropractor, 1 27 nurse, dentist, dental hygienist, dental assistant, 1 28 optometrist, speech pathologist, audiologist, pharmacist, 1 29 physical therapist, physical therapist assistant, occupational 1 30 therapist, occupational therapy assistant, orthotist, 1 31 prosthetist, pedorthist, respiratory care practitioner, 1 32 practitioner of cosmetology arts and sciences, practitioner 1 33 of barbering, funeral director, dietitian, marital and 1 34 family therapist, clinical art therapist, mental health 1 35 counselor, respiratory care and polysomnography practitioner, 2 1 polysomnographic technologist, social worker, massage 2 2 therapist, athletic trainer, acupuncturist, nursing home 2 3 administrator, hearing aid specialist, or sign language 2 4 interpreter or transliterator means a person licensed under 2 5 this subtitle. 2 6 6. "Profession" means medicine and surgery, podiatry, 2 7 osteopathic medicine and surgery, practice as a physician 2 8 assistant, psychology, chiropractic, nursing, dentistry, 2 9 dental hygiene, dental assisting, optometry, speech 2 10 pathology, audiology, pharmacy, physical therapy, physical 2 11 therapist assisting, occupational therapy, occupational 2 12 therapy assisting, respiratory care, cosmetology arts and 2 13 sciences, barbering, mortuary science, marital and family 2 14 therapy, clinical art therapy, mental health counseling, 2 15 polysomnography, social work, dietetics, massage therapy, 2 16 athletic training, acupuncture, nursing home administration, 2 17 practice as a hearing aid specialist, sign language 2 18 interpreting or transliterating, orthotics, prosthetics, or 2 19 pedorthics. 2 20 Sec. 3. Section 147.2, subsection 1, Code 2017, is amended 2 21 to read as follows: 2 22 1. A person shall not engage in the practice of medicine 2 23 and surgery, podiatry, osteopathic medicine and surgery, 2 24 psychology, chiropractic, physical therapy, physical 2 25 therapist assisting, nursing, dentistry, dental hygiene, 2 26 dental assisting, optometry, speech pathology, audiology, 2 27 occupational therapy, occupational therapy assisting, 2 28 orthotics, prosthetics, pedorthics, respiratory care, 2 29 pharmacy, cosmetology arts and sciences, barbering, social 2 30 work, dietetics, marital and family therapy, clinical art 2 31 therapy,ormental health counseling, massage therapy, mortuary 2 32 science, polysomnography, athletic training, acupuncture, 2 33 nursing home administration, or sign language interpreting or 2 34 transliterating, or shall not practice as a physician assistant 2 35 or a hearing aid specialist, unless the person has obtained a 3 1 license for that purpose from the board for the profession. 3 2 Sec. 4. Section 147.13, subsection 16, Code 2017, is amended 3 3 to read as follows: 3 4 16. For marital and family therapy, clinical art therapy, 3 5 and mental health counseling, the board of behavioral science. 3 6 Sec. 5. Section 147.14, subsection 1, paragraph m, Code 3 7 2017, is amended to read as follows: 3 8 m. For behavioral science, three members licensed to 3 9 practice marital and family therapy, all of whom shall be 3 10 practicing marital and family therapists; three members 3 11 licensed to practice mental health counseling, one of whom 3 12 shall be employed in graduate teaching, training, or research 3 13 in mental health counseling and two of whom shall be practicing 3 14 mental health counselors; one member licensed to practice 3 15 clinical art therapy; andthreetwo members who are not 3 16 licensed to practice marital and family therapy, clinical art 3 17 therapy, or mental health counseling and who shall represent 3 18 the general public. 3 19 Sec. 6. Section 147.74, Code 2017, is amended by adding the 3 20 following new subsection: 3 21 NEW SUBSECTION. 14A. A clinical art therapist licensed 3 22 under chapter 154D and this chapter may use the words "licensed 3 23 clinical art therapist" after the person's name or signify the 3 24 same by the use of the letters "L.C.A.T." after the person's 3 25 name. A clinical art therapist licensed under chapter 154D and 3 26 this chapter who possesses a doctoral degree may use the prefix 3 27 "Doctor" or "Dr." in conjunction with the person's name, but 3 28 shall add after the person's name the words "licensed clinical 3 29 art therapist" or letters "L.C.A.T.". 3 30 Sec. 7. Section 154D.1, Code 2017, is amended by adding the 3 31 following new subsections: 3 32 NEW SUBSECTION. 01. "Art therapy" means the use by 3 33 a licensed clinical art therapist of psychotherapeutic 3 34 principles, art media, and the creative process to assist 3 35 individuals, families, or groups in increasing awareness of 4 1 self and others, coping with symptoms, stress, and traumatic 4 2 experiences, and enhancing their own cognitive abilities, 4 3 and the identification and implementation by a licensed 4 4 clinical art therapist of therapeutic interventions to meet 4 5 the developmental, behavioral, mental, and emotional needs of 4 6 individuals, families, or groups. 4 7 NEW SUBSECTION. 1A. "Clinical art therapy" means the 4 8 application of art therapy principles and methods in the 4 9 diagnosis, prevention, treatment, and amelioration of 4 10 psychological problems and emotional or mental conditions. 4 11 NEW SUBSECTION. 1B. "Licensed clinical art therapist" 4 12 means a person licensed to practice clinical art therapy under 4 13 chapter 147 and this chapter. 4 14 NEW SUBSECTION. 7A. "Temporary licensed clinical art 4 15 therapist" means a person licensed to practice clinical art 4 16 therapy under supervision in accordance with section 154D.7. 4 17 Sec. 8. Section 154D.1, subsections 4 and 7, Code 2017, are 4 18 amended to read as follows: 4 19 4. "Licensee" includes a licensed marital and family 4 20 therapist, a licensed clinical art therapist, and a licensed 4 21 mental health counselor. 4 22 7. "Temporary license" means a license to practice marital 4 23 and family therapy, clinical art therapy, or mental health 4 24 counseling under direct supervision of a qualified supervisor 4 25 as determined by the board by rule to fulfill the postgraduate 4 26 supervised clinical experience requirement in accordance with 4 27 this chapter. 4 28 Sec. 9. Section 154D.4, Code 2017, is amended to read as 4 29 follows: 4 30 154D.4 Exemptions. 4 31 1. This chapter and chapter 147 do not prevent qualified 4 32 members of other professions, including but not limited to 4 33 nurses, psychologists, social workers, physicians, physician 4 34 assistants, attorneys at law, or members of the clergy, 4 35 from providing or advertising that they provide services 5 1 of a marital and family therapy, clinical art therapy, or 5 2 mental health counseling nature consistent with the accepted 5 3 standards of their respective professions, but these persons 5 4 shall not use a title or description denoting that they are 5 5 licensed marital and family therapists, licensed clinical art 5 6 therapists, or licensed mental health counselors. 5 7 2. The licensure requirements of this chapter and chapter 5 8 147 do not apply to the following: 5 9 a. Students whose activities are conducted within a course 5 10 of professional education in marital and family therapy, 5 11 clinical art therapy, or mental health counseling. 5 12 b. A person who practices marital and family therapy, 5 13 clinical art therapy, or mental health counseling under the 5 14 supervision of a person licensed under this chapter as part 5 15 of a clinical experience as described in section 154D.2, 5 16 subsection 2, or section 154D.8, subsection 1, paragraph "b". 5 17 c. The provision of children, family, or mental health 5 18 services through the department of human services or juvenile 5 19 court, or agencies contracting with the department of human 5 20 services or juvenile court, by persons who do not represent 5 21 themselves to be either a marital and family therapist, a 5 22 clinical art therapist, or a mental health counselor. 5 23 Sec. 10. Section 154D.5, Code 2017, is amended to read as 5 24 follows: 5 25 154D.5 Sexual conduct with client. 5 26 The license of a marital and family therapist, a clinical art 5 27 therapist, or a mental health counselor shall be revoked if the 5 28 board finds that the licensee engaged in sexual activity with a 5 29 client as determined by board rule. The revocation shall be in 5 30 addition to any other penalties provided by law. 5 31 Sec. 11. Section 154D.7, Code 2017, is amended to read as 5 32 follows: 5 33 154D.7 Temporary license ==marital and family therapy == 5 34 mental health counseling ==fees. 5 35 Any person who has fulfilled all of the requirements for 6 1 licensure under this chapter, except for having completed 6 2 the postgraduate supervised clinical experience requirement 6 3 as determined by the board by rule, may apply to the board 6 4 for a temporary license. The license shall be designated 6 5 "temporary license in marital and family therapy", "temporary 6 6 license in clinical art therapy", or "temporary license in 6 7 mental health counseling" and shall authorize the licensee to 6 8 practice marital and family therapy, clinical art therapy, or 6 9 mental health counseling under the supervision of a qualified 6 10 supervisor as determined by the board by rule. The license 6 11 shall be valid for three years and may be renewed at the 6 12 discretion of the board. The fee for a temporary license 6 13 shall be set by the board to cover the administrative costs of 6 14 issuing the license, and if renewed, a renewal fee as set by 6 15 the board shall be required. 6 16 Sec. 12. NEW SECTION. 154D.8 Licensure ==== clinical art 6 17 therapy. 6 18 1. An applicant for a license to practice clinical art 6 19 therapy shall be granted a license by the board when the 6 20 applicant satisfies all of the following requirements: 6 21 a. Possesses a master's or doctoral degree from a nationally 6 22 accredited institution consisting of at least sixty semester 6 23 hours, or its equivalent, in one of the following art therapy 6 24 programs: 6 25 (1) A program approved by the American art therapy 6 26 association or its successor. 6 27 (2) A program accredited by the commission on accreditation 6 28 of allied health education programs at the time the degree was 6 29 conferred. 6 30 (3) A substantially equivalent program as approved by the 6 31 board. 6 32 b. Has at least two years of supervised experience or its 6 33 equivalent as approved by the board that includes experience 6 34 in a clinical setting that provides opportunities to diagnose, 6 35 treat, appraise, and assess mental, emotional, behavioral, and 7 1 addiction disorders in both individual and group settings, as 7 2 determined by the board by rule. Standards for supervision, 7 3 including the requirement that supervision be provided by 7 4 an art therapy certified supervisor credentialed by the art 7 5 therapy credentials board or other qualified licensed mental 7 6 health professional approved by the board, shall be determined 7 7 by the board by rule. 7 8 c. Passes the national board examination of the art therapy 7 9 credentials board or its successor. 7 10 2. The board may make a determination that a program is 7 11 substantially equivalent to a master's degree program in art 7 12 therapy approved by the American art therapy association or its 7 13 successor if the program includes an art therapy internship 7 14 of not less than six hundred hours that is performed under 7 15 supervision and is part of an approved course of study and 7 16 graduate=level courses and training in the following areas: 7 17 a. The art therapy profession. 7 18 b. Theory and practice of art therapy. 7 19 c. Human growth and developmental dynamics in art. 7 20 d. Application of art therapy with people in different 7 21 treatment settings. 7 22 e. Art therapy appraisal, diagnosis, and assessment. 7 23 f. Ethical and legal issues of art therapy practice. 7 24 g. Matters of cultural and social diversity bearing on the 7 25 practice of art therapy. 7 26 h. Standards of good art therapy practice. 7 27 i. Group art therapy. 7 28 Sec. 13. TRANSITION PROVISIONS. 7 29 1. Notwithstanding sections 147.14, as amended in this 7 30 Act, and 147.16, the governor may appoint, as the initial 7 31 member licensed to practice clinical art therapy to the board 7 32 of behavioral science pursuant to section 147.14, subsection 7 33 1, paragraph "m", as amended in this Act, an individual who 7 34 is credentialed as a board=certified art therapist by the 7 35 art therapy credentials board with experience and expertise 8 1 substantially equivalent to the requirements for licensure as a 8 2 clinical art therapist under section 154D.8, as enacted in this 8 3 Act. 8 4 2. Notwithstanding section 154D.8, subsection 1, as 8 5 enacted in this Act, during the period of one year from the 8 6 effective date of rules implementing this Act, the board 8 7 may grant a license to practice clinical art therapy for an 8 8 applicant who provides documentation satisfactory to the board 8 9 that the applicant holds a credential in good standing as a 8 10 board=certified art therapist with the art therapy credentials 8 11 board and has been engaged in the practice of clinical art 8 12 therapy for not less than five years at the time of the 8 13 effective date of rules adopted by the board to implement this 8 14 Act, which shall include experience in a clinical setting 8 15 that provides substantial opportunities to diagnose, treat, 8 16 appraise, and assess mental, emotional, behavioral, and 8 17 addiction disorders in both individual and group settings, as 8 18 determined by the board by rule. 8 19 Sec. 14. EFFECTIVE DATE AND IMPLEMENTATION. This Act 8 20 shall take effect January 1, 2018, except that the board of 8 21 behavioral science may begin implementation prior to that date, 8 22 to the extent necessary to fully implement the provisions 8 23 providing for the licensure of clinical art therapists by 8 24 January 1, 2018. 8 25 EXPLANATION 8 26 The inclusion of this explanation does not constitute agreement with 8 27 the explanation's substance by the members of the general assembly. 8 28 This bill provides for the licensure of clinical art 8 29 therapists. Under the bill, the board of behavioral science 8 30 shall administer the licensure of clinical art therapists and 8 31 shall adopt rules relating to the practice of clinical art 8 32 therapy. The bill modifies the membership of the board of 8 33 behavioral science to add one clinical art therapist and remove 8 34 one public member. The bill provides that persons not licensed 8 35 under the bill but referring to themselves as clinical art 9 1 therapists or using other similar terms or abbreviations shall 9 2 be guilty of a simple misdemeanor. A simple misdemeanor is 9 3 punishable by confinement for no more than 30 days or a fine of 9 4 at least $65 but not more than $625 or by both. 9 5 The bill defines several terms including "art therapy" 9 6 and "clinical art therapy". The bill provides for temporary 9 7 licensure of clinical art therapists. The bill requires that 9 8 to acquire a license to practice art therapy, an applicant 9 9 must have a master's or doctoral degree in art therapy from 9 10 a program approved by the American art therapy association, 9 11 accredited by the commission on accreditation of allied health 9 12 education programs at the time the degree was conferred, or 9 13 another program approved by the board of behavioral science, 9 14 pass a national board examination, and complete at least two 9 15 years of supervised experience. 9 16 The bill includes licensed certified art therapists as 9 17 "health care providers" eligible to provide services through 9 18 the volunteer health care provider program created in Code 9 19 section 135.24. The bill provides that the board of behavioral 9 20 science may waive the licensing requirements established by 9 21 the bill for persons with certain qualifications in the first 9 22 year after rules implementing the licensure of clinical art 9 23 therapists are adopted. The bill includes an effective date of 9 24 January 1, 2018, except that the board of behavioral science 9 25 may begin implementation prior to that date, to the extent 9 26 necessary to fully implement the provisions providing for the 9 27 licensure of clinical art therapists by January 1, 2018. LSB 1070XS (7) 87 tr/nh/rh
