BILL ANALYSIS C.S.H.B. 2671 By: Jones, J. May 9, 1995 Committee Report (Substituted) BACKGROUND In 1993, The Texas Legislature enacted a law requiring all mental health therapists and counselors to be licensed; art therapists were not included. Medicare has stated that it will not fund art therapy since the field is not licensed. PURPOSE HB 2671 provides licensing requirements for the field of Art Therapy. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Establishes the scope of the act to apply only to "registered art therapists" and "art therapy interns" and only when practicing art therapy as defined in this act. SECTION 2. Defines "Registered art therapist", "Art therapy intern", and "Practice of art therapy." SECTION 3. Establishes minimum requirements for registered art therapists and art therapy interns. SECTION 4. Establishes that art therapists and art therapy interns are exempt from licensing requirements contained in Sections 21 and 22 of Article 4512c, Vernon's Texas Civil Statutes and Section 15 or Article 4512g, Vernon's Texas Civil Statutes with respect to art therapy until January 1, 1998. SECTION 5. States that this Act expires on January 1, 1998. SECTION 6. Effective date: September 1, 1995. SECTION 7. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute for HB 2671 totally deletes the proposed licensing structure for Art Therapists and replaces it with a temporary 2 1/2 year grandfathering of nationally registered Art Therapists from the licensing requirements of the Psychologists' and Licensed Professional Counselors' Acts. The purpose is to provide a two-year window for the groups to either work out and agreement on a licensing structure or for current practicing Art Therapists to achieve compliance with on of the other licensing acts. The Jan 1, 1998 deadline would allow for passage of legislation next session and board appointment/rule adoption if a new board is created. The original bill amended the Licensed Professional Counselor Act, whereas the substitute is a stand alone Act. The substitute also defines "Art therapy intern", and redefines "registered art therapist", and "practice of art therapy". 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 2671. The chair laid out HB 2671 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 2671 pending. On May 6, 1995, the House State Affairs Committee met in formal meeting to consider HB 2671. 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.