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.