BILL ANALYSIS

State Affairs Committee

05-07-95
Committee Report (Substituted)

BACKGROUND

In 1993, The Legislature enacted a law requiring all mental health
therapists and counselors to be licensed; art therapists were
omitted. As a result, Medicare has stated that it will not fund art
therapy since the field is not licensed. 

PURPOSE

HB 2457 establishes the Texas State Board of Examiners of Licensed
Art Therapists. HB 2457 also establishes licensing requirements and
regulations for art therapists in the State of Texas.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking
authority to the Texas State Board of Examiners of Licensed Art
Therapists in SECTIONS 6, 6A, 11, 13, 14B, 14C, 14D, 14E, and 17.

SECTION BY SECTION ANALYSIS

SECTION 1. Establishes the short title of this act as "the Licensed
           Professional Art Therapist Act."

SECTION 1A.    Policy Statement.

SECTION 2. Defines "Board", "Department", "Applicant", "Graduate
           semester hour", "Licensee", "Licensed professional art
           therapist", "Practice of art therapy", "Art therapy
           services," and "referral". 

SECTION 3. Provides for exceptions to this act.

SECTION 4. Establishes the nature and composition of the board. 
           Also establishes required credentials for the different
           board positions.  Sets the terms of office for board
           members.  Establishes who may not be a member or
           employee of the board due to conflicts of interest.

SECTION 5. Establishes qualifications necessary to be appointed to
           the board.  

SECTION 6. States that the governor shall designate one member to
           serve as chairman of the board. The board shall hold at
           least two regular meetings each year as provided by
           rules adopted by the board. This section also
           establishes the responsibilities of the board.

SECTION 6A.    The board shall develop, by rule, a method of
               responding to complaints. The board must provide a
               toll-free number that may be called to present a
               complaint about a health profession if the toll-free number is established under other state law.

SECTION 6B.    States that the board shall promote the public's
               ability to participate in board hearings.

SECTION 6C.    The board shall prepare a written plan describing
               how one who does not speak English can be provided
               reasonable access to the board's programs. The
               board must also comply with federal and state laws
               for program and facility accessibility.

SECTION 6D.    Establishes that each board member shall comply
               with their training. The board shall provide
               information regarding qualifications to members and
               employees.

SECTION 6E.    Establishes training and guidelines for the board
               members. The member must complete at least one
               course of training prior to assuming
               responsibilities.

SECTION 7. States that members of the board are entitled to per
           diem allowances as set by the General Appropriations
           Act.

SECTION 8. Establishes the requirements of board personnel. 
           Establishes responsibilities of the board personnel.

SECTION 9. Establishes qualifications necessary for an art
           therapist applicant.

SECTION 10.    States that 30 days before the examination date,
               the board shall review application material and
               notify the applicant of acceptance or rejection of
               application.

SECTION 11.    Establishes the Art Therapy Certification Exam.

SECTION 12.    Establishes policies dealing with issuance and
               renewal of licenses.

SECTION 13.    States that unless the person has been provided
               with an exemption, one may not engage in the
               practice of Art Therapy. An offense under this
               section is a Class B misdemeanor.

SECTION 14.    Establishes disciplinary actions which the board
               may take against violators.

SECTION 14A.Establishes procedures for the temporary suspension of
licenses.

SECTION 14B.Establishes a complaint procedure.

SECTION 14C.Allows the adoption of rules concerning the
investigation of a complaint filed           with the board. 

SECTION 14D.Allows the adoption of rules concerning informal
disposition of contested cases          and informal proceedings.

SECTION 14E.The board shall adopt rules for monitoring licensees'
compliance.

SECTION 15.    The board is allowed to instigate a suit to enjoin
               a violation of this Act.

SECTION 16.    The board may grant a provisional license to one
               who fulfills the requirements outlined by this
               section.

SECTION 17.    States that all money paid to the department shall
               be deposited in the State Treasury. Allows for the
               board to establish rules to set necessary fees. 
               The board may not set a fee for an amount less that
               the amount of that fee on September 1, 1995.

SECTION 18.    Provides for an annual report to be submitted to
               the Governor, Lt. Governor, and Speaker of the
               House by the board.  Report must be submitted no
               later than 90 days after the last day of each state
               fiscal year.

SECTION 19.    The board is subject to Sunset provisions and is
               abolished September 1, 2005.

SECTION 20. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original defines "counseling services," "practice of
counseling", "counseling", and "appraisal activities" and the
substitute deletes these definitions.

The substitute set up a 3 member board, whereas the original
established a 5 member board.  The substitute also allows the board
to meet in emergency meetings at the call of the chair. 

The substitute also adds a provision that the board shall adopt
fees to cover the costs of administering this act.

The substitute provides that the board shall adopt the national
Certification Examination in Art Therapy of the Art Therapy
Credentials Board as the examination required under Section 11 for
the biennium ending August 31, 1995.

SUMMARY OF COMMITTEE ACTION

Pursuant of public posting, the House Committee on State Affairs
met in Public Hearing on April 19, 1995 to consider HB 2457.  The
chair laid out HB 2457 and recognized Rep. Tillery to explain the
bill.  The Chair recognized the following persons to testify for
the bill:
Carmen Drew, M.Ed, A.T.R. representing herself, Anna Scott
representing himself, Anita Mester, A.J.R.-B.C.,L.P.C., L.C.D.C.
representing American Art Therapy Association, Inc., Teresa Jackson
representing American Art Licensing, Inc., Stephanie Woodruff
representing herself, Tracey McCullick representing Capitol Art
Therapy Association, Anastasia Mouzouris Phillips representing
Capitol Art Therapy Association, Linda Lea McCarley, LMSW, ATR-BC
representing herself, Jan Quirl representing herself, Susan Roller
representing herself, Patricia H. Grajkowski representing herself,
David W. Cramer, PhD. representing himself, David G. McCarley, PhD
representing himself and Joan Phillips, MA, MS, LMFT, LPC, ATR-BC
representing the American Art Therapy Association, Inc. The Chair
recognized the following person to testify against the bill:     G.K. Sprinkle representing the Texas Counseling Association.
The chair left HB 2457 pending.  On May 6, 1995, the House State
Affairs Committee met in formal meeting to consider HB 2657.  The
committee considered a complete substitute which was adopted
without objection.  The bill was reported favorably as substituted
with the recommendation that it pass and do be printed, and be sent
to the Committee on Local and Consent Calendars, by a vote of 9
aye, 0 nay, 0 pnv, and 6 absent.