By Tillery, Jones of Dallas H.B. No. 2457
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of the practice of art
1-3 therapy; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the
1-6 Licensed Professional Art Therapist Act.
1-7 SECTION 1A. POLICY STATEMENT. It is the policy of this
1-8 state that the activities of a person who provides services to the
1-9 public as a licensed art therapist and uses the title Licensed
1-10 Professional Art Therapist should be regulated to protect the
1-11 health, safety, and welfare of the public.
1-12 SECTION 2. DEFINITIONS. In this Act:
1-13 (1) "Board" means the Texas State Board of Examiners
1-14 of Licensed Professional Art Therapists.
1-15 (2) "Department" means the Texas Department of Health.
1-16 (3) "Applicant" means an individual who seeks a
1-17 license under this Act.
1-18 (4) "Graduate semester hour" means a semester hour or
1-19 the quarter hour equivalent as defined by regional accrediting
1-20 educational associations when applied only to domestic training
1-21 programs.
1-22 (5) "Licensee" means an individual who has a valid
1-23 license issued under this Act.
2-1 (6) "Licensed professional art therapist" means a
2-2 person who has the authority to engage in the autonomous practice
2-3 of art therapy and who represents himself or herself to the public
2-4 by any title or description of services incorporating the words
2-5 "Licensed Professional Art Therapist," who offers to render
2-6 professional art therapy services to individuals, couples,
2-7 families, groups, organizations, corporations, institutions,
2-8 government agencies, or the general public for compensation,
2-9 implying that he or she is licensed and trained, experienced, or
2-10 expert in art therapy, and who holds a valid license issued under
2-11 this Act to engage in the practice of art therapy.
2-12 (7) "Practice of art therapy" means the rendering to
2-13 individuals, families, or groups of services that use art media as
2-14 a means of expression and communication to promote perceptive,
2-15 intuitive, affective, and expressive experiences that alleviate
2-16 distress, reduce physical, emotional, behavioral, and social
2-17 impairment and lead to growth or reintegration of one's
2-18 personality. Art therapy services include diagnostic evaluation,
2-19 development of patient treatment plans, goals and objectives, case
2-20 management services, therapeutic treatment and referral, but does
2-21 not include the use of projective techniques in the assessment of
2-22 personality.
2-23 (8) "Art therapy services" means those acts and
2-24 behaviors coming within the meaning of the practice of art therapy.
2-25 (9) "Referral" means evaluating and identifying needs
3-1 of a client to determine the advisability of referral to other
3-2 specialists, informing the client of such judgment, and
3-3 communicating as requested or deemed appropriate to such referral
3-4 sources.
3-5 SECTION 3. EXEMPTIONS. (a) Except as provided by
3-6 Subsection (b) of this section, this Act does not apply to:
3-7 (1) the activities and services of or use of an
3-8 official title by a person employed as an art therapist by a
3-9 federal, state, county, or municipal agency or public or private
3-10 educational institution, if the person is performing art therapy or
3-11 art therapy-related activities, within the scope of his employment;
3-12 (2) the activities and services of a student, intern,
3-13 or trainee in art therapy pursuing a course of study in art therapy
3-14 in a regionally or nationally accredited institution of higher
3-15 education or training institution, if these activities and services
3-16 constitute a part of the supervised course of study and the person
3-17 is designated an "art therapy intern";
3-18 (3) the activities and services of a nonresident
3-19 rendered not more than 30 days during any year, if the person is
3-20 authorized to perform the activities and services under the law of
3-21 the state or country of his residence;
3-22 (4) the activities and services of members of other
3-23 professions licensed or certified by the state, such as physicians,
3-24 registered nurses, psychologists, certified social workers,
3-25 licensed professional counselors, licensed marriage and family
4-1 therapists, licensed occupational therapists, licensed chemical
4-2 dependency counselors, licensed optometrists in the evaluation and
4-3 remediation of learning or behavioral disabilities associated with
4-4 or caused by a defective or abnormal condition of vision, Christian
4-5 Science practitioners who are recognized by the Church of Christ
4-6 Scientist as registered and published in the Christian Science
4-7 Journal, or other recognized religious practitioners performing
4-8 their respective services consistent with the law of the state,
4-9 their training, and any code of ethics of their professions, if
4-10 they do not represent themselves by any title or description in the
4-11 manner prescribed by Section 2 of this Act;
4-12 (5) the activities, services, titles, and descriptions
4-13 of persons licensed to practice law;
4-14 (6) the activities, services, titles, and descriptions
4-15 of persons employed as professionals or who are volunteers in the
4-16 practice of art therapy, for public and private nonprofit
4-17 organizations or charities who are accountable to the persons'
4-18 sponsoring organization and do not use the title or hold themselves
4-19 out to be licensed art therapists;
4-20 (7) persons supervised by a physician and recognized
4-21 as physician assistants by the Texas State Board of Medical
4-22 Examiners, if the persons act strictly within their scope of
4-23 practice and do not use the titles covered by Section 15(b)(3) of
4-24 this Act; or
4-25 (8) persons owning, operating, or employed by a
5-1 certified career counseling service regulated under Chapter 222,
5-2 Acts of the 70th Legislature, Regular Session, 1987 (Article
5-3 5221a-8, Vernon's Texas Civil Statutes).
5-4 (b) A person otherwise exempt under this section who elects
5-5 to obtain a license under this Act is subject to this Act to the
5-6 same extent as any other licensee.
5-7 SECTION 4. NATURE AND COMPOSITION OF THE BOARD. (a) The
5-8 Texas State Board of Examiners of Licensed Professional Art
5-9 Therapists is created.
5-10 (b) The board is composed of three members appointed by the
5-11 governor with the advice and consent of the senate.
5-12 (c) Two members of the board must be licensed professional
5-13 art therapists. The governor shall appoint one citizen from the
5-14 general public.
5-15 (d) Members hold office for staggered terms of six years,
5-16 with one member's term expiring February 1 of each odd-numbered
5-17 year. In making an appointment, the governor shall specify which
5-18 member each new appointee succeeds. Before entering on the duties
5-19 of office, each member of the board shall take the constitutional
5-20 oath of office and file it with the secretary of state.
5-21 (e) An officer, employee, or paid consultant of a Texas
5-22 trade association in the field of health care may not be a member
5-23 or employee of the department that carries out the functions of the
5-24 board who is exempt from the state's position classification plan
5-25 or is compensated at or above the amount prescribed by the General
6-1 Appropriations Act for step 1, salary group 17, of the position
6-2 classification salary schedule. A person who is the spouse of an
6-3 officer, manager, or paid consultant of a Texas trade association
6-4 in the field of health care may not be a board member and may not
6-5 be an employee of the board who is exempt from the state's position
6-6 classification plan or is compensated at or above the amount
6-7 prescribed by the General Appropriations Act for step 1, salary
6-8 group 17, of the position classification salary schedule.
6-9 (f) For the purposes of this section, a Texas trade
6-10 association is a nonprofit, cooperative, and voluntarily joined
6-11 association of business or professional competitors in this state
6-12 designed to assist its members and its industry or profession in
6-13 dealing with mutual business or professional problems and in
6-14 promoting their common interest.
6-15 (g) A person may not serve as a member of the board or act
6-16 as the general counsel to the board if the person is required to
6-17 register as a lobbyist under Chapter 305, Government Code, because
6-18 of the person's activities for compensation on behalf of a
6-19 profession related to the operation of the board.
6-20 SECTION 5. BOARD MEMBER QUALIFICATIONS. (a) To be qualified
6-21 for appointment as a professional member of this board, a person
6-22 must:
6-23 (1) be a citizen of the United States and a resident
6-24 of this state for the 30 months immediately preceding appointment;
6-25 (2) have engaged in the field of art therapy for at
7-1 least 24 months or 2,000 hours;
7-2 (3) be licensed under this Act; and
7-3 (4) be appointed in accordance with Section 4 of this
7-4 Act.
7-5 (b) To be qualified for appointment as a member who is a
7-6 representative of the general public, a person must:
7-7 (1) be a citizen of the United States and a resident
7-8 of this state for the 30 months immediately preceding appointment;
7-9 (2) be at least 21 years old; and
7-10 (3) meet the requirements of Subsection (e) of this
7-11 section.
7-12 (c) It is a ground for removal from the board if a member:
7-13 (1) does not have at the time of appointment the
7-14 qualifications required by Subsection (a) or (b) of this section,
7-15 as appropriate, for appointment to the board;
7-16 (2) does not maintain during the service on the board
7-17 the qualifications required by Subsection (a) or (b) of this
7-18 section, as appropriate, for appointment to the board;
7-19 (3) violates a prohibition established by Subsection
7-20 (e) of this section if the member is a public member of Section
7-21 4(e) of this Act;
7-22 (4) cannot discharge the member's duties for a
7-23 substantial part of the term for which the member is appointed
7-24 because of illness or disability; or
7-25 (5) is absent for more than half of the regularly
8-1 scheduled board meetings that a member is eligible to attend during
8-2 a calendar year unless the absence is excused by majority vote of
8-3 the board.
8-4 (d) The validity of an action of the board is not affected
8-5 by the fact that it was taken when a ground for removal of a member
8-6 of the board existed.
8-7 (e) A person is not eligible for appointment as a public
8-8 member of the board if the person or the person's spouse:
8-9 (1) is registered, certified, or licensed by an
8-10 occupational regulatory agency in the field of health care;
8-11 (2) is employed by or participates in the management
8-12 of a business entity or other organization receiving funds from the
8-13 board;
8-14 (3) owns or controls, directly or indirectly, more
8-15 than 10 percent interest in a business entity or other organization
8-16 receiving funds from the board; or
8-17 (4) uses or receives a substantial amount of funds
8-18 from the board, other than compensation or reimbursement authorized
8-19 by law for board membership, attendance, or expenses.
8-20 (f) If the executive secretary has knowledge that a
8-21 potential ground for removal exists, the executive secretary shall
8-22 notify the governor and the attorney general that a potential
8-23 ground for removal exists.
8-24 SECTION 6. BOARD RESPONSIBILITIES. (a) The governor shall
8-25 designate one member of the board as the chairman of the board to
9-1 serve in that capacity at the pleasure of the governor. The board
9-2 shall elect a vice chairman who shall hold office according to the
9-3 rules adopted by the board.
9-4 (b) The board shall hold not more than two regular meetings
9-5 each year as provided by rules adopted by the board. The board may
9-6 hold additional emergency meetings at the call of the chairman.
9-7 Two members constitute a quorum.
9-8 (c) The board may delegate functions and activities required
9-9 by this Act to individuals and committees on a permanent or
9-10 temporary basis if a quorum of the board agrees to the delegation
9-11 and if the delegates clearly possess the professional and personal
9-12 qualifications to act as delegates of the board.
9-13 (d) The board shall investigate and dispose of complaints as
9-14 provided by Section 14C of this Act.
9-15 (e) The board shall:
9-16 (1) determine the qualifications and fitness of
9-17 applicants for licenses, renewal of licenses, and provisional
9-18 licenses;
9-19 (2) adopt and revise rules not inconsistent with the
9-20 law of this state that are necessary to administer this Act.
9-21 However, the board may not adopt rules restricting competitive
9-22 bidding or advertising by licensees except to prohibit false,
9-23 misleading, or deceptive practices. The board may not include in
9-24 its rules to prohibit false, misleading, or deceptive practices by
9-25 licensees a rule that:
10-1 (A) restricts a licensee's use of any medium for
10-2 advertising;
10-3 (B) restricts a licensee's personal appearance
10-4 or the use of the person's personal voice in an advertisement;
10-5 (C) relates to the size or duration of an
10-6 advertisement by a licensee; or
10-7 (D) restricts a licensee's advertisement under a
10-8 trade name;
10-9 (3) adopt and publish a code of ethics and adopt an
10-10 official seal;
10-11 (4) examine for, deny, approve, issue, revoke, suspend
10-12 on an emergency basis, place on probation, and renew the license of
10-13 art therapist applicants and licensees under this Act;
10-14 (5) establish a mandatory continuing education program
10-15 for licensees;
10-16 (6) conduct hearings on the rules adopted under this
10-17 Act, notify the appropriate prosecuting attorney of an alleged
10-18 offense committed under this Act, and seek an injunction for a
10-19 violation of this Act;
10-20 (7) set fees for the board's services in amounts that
10-21 are sufficient to meet the expenses of administering this Act;
10-22 (8) request and receive the assistance of state
10-23 educational institutions or other state agencies;
10-24 (9) prepare and disseminate consumer information,
10-25 including describing the regulatory functions of the board and
11-1 describing the board's procedures by which consumer complaints are
11-2 filed with and resolved by the board. The board shall make the
11-3 information available to the general public and appropriate state
11-4 agencies; and
11-5 (10) by rule adopt a list of authorized counseling
11-6 methods or practices that a licensee may undertake or perform.
11-7 (f) The board by rule shall adopt reasonable and necessary
11-8 fees so that the fees, in aggregate, produce sufficient revenue to
11-9 cover the costs of administering this Act.
11-10 SECTION 6A. Public Complaints; Toll-Free Telephone Service.
11-11 (a) The board by rule shall establish methods by which consumers
11-12 and service recipients are notified of the name, mailing address,
11-13 and telephone number of the board for the purpose of directing
11-14 complaints to the board. The board may provide for that
11-15 notification:
11-16 (1) on each registration form, application, or written
11-17 contract for services of an individual or entity regulated under
11-18 this Act;
11-19 (2) on a sign prominently displayed in the place of
11-20 business of each individual or entity regulated under this Act; or
11-21 (3) in a bill for service provided by an individual or
11-22 entity regulated under this Act.
11-23 (b) The board shall list along with its regular telephone
11-24 number the toll-free telephone number at the department that may be
11-25 called to present a complaint about a health professional if the
12-1 toll-free number is established under other state law.
12-2 SECTION 6B. Public Participation in Board Hearings. The
12-3 board shall develop and implement policies that provide the public
12-4 with a reasonable opportunity to appear before the board and to
12-5 speak on any issue under the jurisdiction of the board.
12-6 SECTION 6C. PROGRAM ACCESSIBILITY. The board shall prepare
12-7 and maintain a written plan that describes how a person who does
12-8 not speak English can be provided reasonable access to the board's
12-9 programs. The board shall also comply with federal and state laws
12-10 for program and facility accessibility.
12-11 SECTION 6D. TRAINING; STANDARDS OF CONDUCT; INFORMATION.
12-12 (a) Each board member shall comply with the board member training
12-13 requirements established by any other state agency that is given
12-14 authority to establish the requirements for the board.
12-15 (b) The board shall provide to its members and employees, as
12-16 often as necessary, information regarding their qualifications for
12-17 office or employment under this Act and their responsibilities
12-18 under applicable laws relating to standards of conduct for state
12-19 officers or employees.
12-20 (c) The board shall develop and implement policies that
12-21 clearly define the respective responsibilities of the board and the
12-22 staff of the board.
12-23 SECTION 6E. TRAINING AND GUIDELINES FOR MEMBERS OF THE
12-24 BOARD. (a) The board shall establish a training program for the
12-25 members of the board.
13-1 (b) Before a member of a board may assume the member's
13-2 duties and before the member may be confirmed by the senate, the
13-3 member must complete at least one course of the training program
13-4 established under this section.
13-5 (c) A training program established under this section shall
13-6 provide information to a participant regarding:
13-7 (1) the enabling legislation that created the board;
13-8 (2) the programs operated by the board;
13-9 (3) the role and functions of the board;
13-10 (4) the rules of the board with an emphasis on the
13-11 rules that relate to disciplinary and investigatory authority;
13-12 (5) the current budget for the board;
13-13 (6) the results of the most recent formal audit of the
13-14 board;
13-15 (7) the requirements of the:
13-16 (A) open meetings law, Chapter 551, Government
13-17 Code, and its subsequent amendments;
13-18 (B) open records law, Chapter 552, Government
13-19 Code, and its subsequent amendments; and
13-20 (C) Administrative Procedure Act (Chapter 2001,
13-21 Government Code), and its subsequent amendments;
13-22 (8) the requirements of the conflict of interest laws
13-23 and other laws relating to public officials; and
13-24 (9) any applicable ethics policies adopted by the
13-25 board of the Texas Ethics Commission.
14-1 (d) In developing the training requirements provided for in
14-2 this section, the board shall consult with the governor's office,
14-3 the attorney general's office, and the Texas Ethics Commission.
14-4 (e) In the event that another state agency or entity is
14-5 given the authority to establish the training requirements, the
14-6 board shall allow that training in lieu of developing its own
14-7 program.
14-8 SECTION 7. REIMBURSEMENT OF BOARD EXPENSES. A member of the
14-9 board is not entitled to compensation for the member's service on
14-10 the board. A member of the board is entitled to reimbursement for
14-11 actual travel expenses incurred in attending a meeting of the board
14-12 as provided by the General Appropriations Act.
14-13 SECTION 8. Board Personnel. (a) The executive secretary
14-14 must be an employee of the department. The commissioner of health,
14-15 with the advice and consent of the board, shall designate an
14-16 employee to serve as executive secretary of the board. The
14-17 executive secretary shall be the administrator of professional art
14-18 therapist licensing activities for the board. In addition to his
14-19 other duties prescribed by this Act and by the department, the
14-20 executive secretary shall:
14-21 (1) keep full and accurate minutes of the transactions
14-22 and proceedings of the board;
14-23 (2) be the custodian of the files and records of the
14-24 board;
14-25 (3) prepare and recommend to the board plans and
15-1 procedures necessary to implement the purposes and objectives of
15-2 this Act, including rules and proposals on administrative
15-3 procedures not inconsistent with this Act;
15-4 (4) exercise general supervision over persons employed
15-5 by the department in the administration of this Act;
15-6 (5) be responsible for the investigation of complaints
15-7 and for the presentation of formal complaints;
15-8 (6) attend all meetings of the board, but the
15-9 executive secretary is not entitled to vote at board meetings; and
15-10 (7) handle or arrange for the handling of the
15-11 correspondence of the board, make or arrange for necessary
15-12 inspections and investigations, and obtain, assemble, or prepare
15-13 the reports and information that the board may direct or authorize.
15-14 (b) The board shall develop and implement policies that
15-15 clearly define the respective responsibilities of the board and the
15-16 staff of the board.
15-17 (c) The basic personnel and necessary facilities that are
15-18 required to administer this Act shall be the personnel and
15-19 facilities of the department acting as the agents of the board.
15-20 The department may secure by agreement services that it considers
15-21 necessary and provide for the compensation for these services and
15-22 may employ and compensate, within appropriations available, the
15-23 professional consultants, technical assistants, and employees on a
15-24 full- or part-time basis necessary to administer this Act.
15-25 SECTION 9. Art Therapist Qualifications. (a) A person is a
16-1 qualified art therapist applicant if the person:
16-2 (1) is at least 21 years old;
16-3 (2) has submitted an application as required by the
16-4 board, accompanied by the fee set by the board; the board may
16-5 require that the statements on the application be made under oath;
16-6 (3) has demonstrated professional competency by
16-7 satisfactorily passing an examination as prescribed by the board;
16-8 (4) holds either:
16-9 (A) a master's or doctoral degree in art therapy
16-10 that includes 600 hours of supervised internship experience from an
16-11 accredited institution except that on or after September 1, 1996,
16-12 applicants must have 700 hours of supervised internship experience
16-13 from an accredited institution;
16-14 (B) a master's degree in a counseling related
16-15 field and has a minimum of 21 semester hours of sequential course
16-16 work in the history, theory, and practice of art therapy and has
16-17 completed 600 hours of supervised internship experience from an
16-18 accredited institution except that on or after September 1, 1996,
16-19 applicants must complete 700 hours of supervised internship
16-20 experience from an accredited institution;
16-21 (5) has completed 1,000 client contact hours of
16-22 postgraduate experience under supervision of a psychiatrist,
16-23 psychologist, social worker, licensed professional counselor, or
16-24 nationally registered art therapist, beyond the requirements in
16-25 Subdivision (4)(A) of this subsection; except that on or after
17-1 September 1, 1996, applicants must complete 1,000 client contact
17-2 hours of postgraduate experience under supervision of a licensed
17-3 art therapist beyond the requirements in Subdivision (4)(A) of this
17-4 subsection; or 2,000 client contact hours of postgraduate
17-5 experience under supervision of a psychiatrist, psychologist,
17-6 social worker, licensed professional counselor, or nationally
17-7 registered art therapist beyond the requirements in Subdivision
17-8 (4)(B) of this subsection, except that on or after September 1,
17-9 1998, applicants must complete 2,000 client contact hours of
17-10 postgraduate experience under supervision of a licensed art
17-11 therapist beyond the requirements in Subdivision (4)(B) of this
17-12 subsection.
17-13 (b) The board may approve on a case-by-case basis applicants
17-14 who have a master's degree or a doctoral degree from nonaccredited
17-15 institutions.
17-16 SECTION 10. Application Review. After investigation of the
17-17 application and other evidence submitted, the board shall, no later
17-18 than the 30th day before the examination date, notify each
17-19 applicant that the application and evidence submitted are
17-20 satisfactory and accepted or unsatisfactory and rejected. If
17-21 rejected, the notice shall state the reasons for the rejection.
17-22 SECTION 11. ART THERAPIST EXAMINATION. (a) An applicant
17-23 who has met the requirements for licensure shall be scheduled for
17-24 the next appropriate examination following the approval of the
17-25 application.
18-1 (b) The board shall establish by rule the examination
18-2 application deadline and the requirements for reexamination if the
18-3 applicant has failed the examination.
18-4 (c) The examination shall cover subjects appropriate to the
18-5 scope of practice as a professional art therapist. For the
18-6 biennium ending August 31, 1997, the board shall adopt the national
18-7 Certification Examination in Art Therapy of the Art Therapy
18-8 Credentials Board as the examination required under this section.
18-9 (d) The board shall provide for the grading of the
18-10 examination and recommend to the chairman action to be taken. To
18-11 ensure impartiality, written examination documents shall be
18-12 identified by number, and no paper may be marked with the name of
18-13 an applicant but shall be anonymously graded. If the board
18-14 subsequently adopts its own examination, the board shall have the
18-15 written portion of the examination, if any, validated under the
18-16 direction of a testing professional. In the event an applicant
18-17 fails to receive a passing grade on the entire examination, he may
18-18 reapply and shall be allowed to take a subsequent examination. An
18-19 applicant who has failed two successive examinations may not
18-20 reapply until two years have elapsed from the date of the last
18-21 examination or he has satisfactorily completed nine graduate
18-22 semester hours in the applicant's weakest portion of the
18-23 examination.
18-24 (e) Not later than the 30th day after the day a licensing
18-25 examination is administered under this Act, the board shall notify
19-1 each examinee of the results of the examination. However, if an
19-2 examination is graded or reviewed by a national testing service,
19-3 the board shall notify each examinee of the results of examination
19-4 not later than the 14th day after the day the board receives the
19-5 results from the testing service. If the notice of the examination
19-6 results graded or reviewed by the national testing service will be
19-7 delayed for more than 90 days after the examination date, the board
19-8 shall notify the examinee of the reason for the delay before the
19-9 90th day.
19-10 (f) If requested in writing by a person who fails the
19-11 examination for a license, the board shall furnish to the person an
19-12 analysis of the person's performance on the examination.
19-13 SECTION 12. LICENSES AND RENEWAL OF LICENSES. (a) A
19-14 license certificate issued by the board is the property of the
19-15 board and must be surrendered on demand.
19-16 (b) The licensee shall display the license certificate in an
19-17 appropriate and public manner.
19-18 (c) The licensee shall inform the board of his current
19-19 address at all times.
19-20 (d) Each year the board shall prepare a registry of licensed
19-21 professional art therapists. The registry shall be made available
19-22 to the licensees, other state agencies, and the general public on
19-23 request.
19-24 (e) The license may be renewed annually if the licensee is
19-25 not in violation of this Act at the time of application for renewal
20-1 and if the applicant fulfills current requirements of continuing
20-2 education as established by the board.
20-3 (f) The board by rule shall establish a minimum number of
20-4 hours of continuing education required to renew a license under
20-5 this Act. The board may assess the continuing education needs of
20-6 licenses and may require licensees to attend continuing education
20-7 courses specified by the board. The board by rule shall develop a
20-8 process to evaluate and approve continuing education courses.
20-9 (g) The board shall identify the key factors for the
20-10 competent performance by a licensee of the licensee's professional
20-11 duties. The board shall implement a procedure to assess a
20-12 licensee's participation in continuing education programs.
20-13 (h) Each person licensed under this Act is responsible for
20-14 renewing his license before the expiration date.
20-15 (i) The board shall adopt a system under which licenses
20-16 expire on various dates during the year. For the year in which the
20-17 initial license is issued, license fees payable on the date of
20-18 issuance shall be prorated on a monthly basis so that each licensee
20-19 shall pay only that portion of the license fee that is applicable
20-20 to the number of months during which the license is valid. On
20-21 renewal of the license, the total license fee is payable.
20-22 (j) A person may renew an unexpired license by paying to the
20-23 board before the expiration of the license the required renewal
20-24 fee.
20-25 (k) If a person's license has been expired for 90 days or
21-1 less, the person may renew the license by paying to the board the
21-2 required renewal fee and a fee that is one-half of the examination
21-3 fee for the license.
21-4 (l) If a person's license has been expired for 90 days but
21-5 less than one year because of the person's failure to pay the
21-6 renewal fee or failure to meet continuing education requirements,
21-7 the person may renew the license by paying to the board all unpaid
21-8 renewal fees and a fee that is equal to the examination fee for the
21-9 license and providing the board with proof of completing the
21-10 required continuing education.
21-11 (m) If a person's license has been expired for one year or
21-12 longer, the person may not renew the license. The person may
21-13 obtain a new license by complying with the requirements and
21-14 procedures for obtaining an original license. However, the board
21-15 may renew without reexamination an expired license of a person who
21-16 was licensed in this state, moved to another state, and is
21-17 currently licensed and has been in practice in the other state for
21-18 the two years preceding application. The person must pay to the
21-19 board a fee that is equal to the examination fee for the license.
21-20 (n) At least 30 days before the expiration of a person's
21-21 license, the board shall send written notice of the impending
21-22 license expiration to the person at the licensee's last known
21-23 address according to the records of the board.
21-24 (o) A licensee may request that the licensee's license be
21-25 declared inactive. The licensee then foregoes the licensing rights
22-1 granted under this Act but is relieved of renewal fees and penalty
22-2 fees. The license shall be declared active on the payment of a
22-3 license fee if the applicant is not in violation of this Act at the
22-4 time of application for reactivation of the license and if the
22-5 applicant fulfills current requirements applicable to all inactive
22-6 licensees as provided by the rules adopted by the board.
22-7 (p) The board by rule may provide for the issuance of a
22-8 temporary license. Rules adopted under this subsection shall
22-9 include a time limit for a temporary license.
22-10 (q) The board by rule may adopt a system under which a
22-11 temporary license may be issued to individuals who have met all of
22-12 the academic requirements for licensing and who have entered into a
22-13 supervisory agreement with a supervisor approved by the board.
22-14 (r) The board by rule may adopt a system for placing a
22-15 licensee on retirement status.
22-16 SECTION 13. LICENSE REQUIRED; PENALTY. (a) Unless the
22-17 person is exempt under Section 3 of this Act, a person may not
22-18 engage on or after January 1, 1997, in the practice of art therapy
22-19 without a license issued under this Act.
22-20 (b) A person commits an offense if the person knowingly or
22-21 intentionally:
22-22 (1) engages in the practice of art therapy without
22-23 holding a license issued under this Act;
22-24 (2) engages in the practice of art therapy after the
22-25 person's license under this Act has expired;
23-1 (3) represents the person by the title "Licensed
23-2 Professional Art Therapist" without being licensed under this Act;
23-3 or
23-4 (4) makes use of any title, words, letters, or
23-5 abbreviation that implies that the person is licensed under this
23-6 Act if the person is not licensed under this Act.
23-7 (c) An offense under Subsection (b) of this section is a
23-8 Class B misdemeanor.
23-9 SECTION 14. DISCIPLINARY ACTIONS. (a) The board shall
23-10 revoke, suspend, suspend on an emergency basis, or refuse to renew
23-11 the license of a licensee, place on probation a licensee whose
23-12 license has been suspended, or reprimand a licensee if the
23-13 licensee:
23-14 (1) has committed an act in violation of Section
23-15 21.14, Penal Code, or for which liability exists under Chapter 81,
23-16 Civil Practice and Remedies Code;
23-17 (2) has violated this Act or a rule or code of ethics
23-18 adopted by the board;
23-19 (3) is legally committed to an institution because of
23-20 mental incompetence from any cause; or
23-21 (4) offers to pay or agrees to accept any
23-22 remuneration, directly or indirectly, to or from any person or
23-23 entity for securing or soliciting a patient or patronage.
23-24 (b) If a licensee suspension is probated, the board may
23-25 require the licensee to:
24-1 (1) report regularly to the board on matters that are
24-2 the basis of the probation;
24-3 (2) limit practice to the areas prescribed by the
24-4 board; or
24-5 (3) continue or review continuing professional
24-6 education until the licensee attains a degree of skill satisfactory
24-7 to the board in those areas that are the basis of the probation.
24-8 (c) A licensee is entitled to a hearing conducted by the
24-9 State Office of Administrative Hearings before a sanction is
24-10 imposed under this section.
24-11 (d) The board by rule shall adopt a broad schedule of
24-12 sanctions for violations under this Act. The State Office of
24-13 Administrative Hearings shall use the schedule for any sanction
24-14 imposed as the result of a hearing conducted by that office.
24-15 (e) Proceedings for revocation or suspension of a license
24-16 and appeals from those proceedings are governed by the
24-17 Administrative Procedure Act, as amended (Chapter 2001, Government
24-18 Code).
24-19 SECTION 14A. TEMPORARY SUSPENSION OF LICENSE. If the
24-20 majority of the board or a committee of board members designated by
24-21 the board determines from the evidence or information presented to
24-22 it that a licensee, by continuation in practice, would constitute a
24-23 continuing and imminent threat to the public welfare, the board or
24-24 the three-member committee shall temporarily suspend the license of
24-25 the licensee. The license may be suspended under this section
25-1 without notice or hearing on the complaint, provided institution of
25-2 proceedings for a hearing before the State Office of Administrative
25-3 Hearings is initiated simultaneously with the temporary suspension
25-4 and provided that a hearing is held as soon as can be accomplished
25-5 under this chapter and the Administrative Procedure Act (Chapter
25-6 2001, Government Code) and its subsequent amendments. The State
25-7 Office of Administrative Hearings shall hold a preliminary hearing
25-8 not later than the 14th day after the date of the temporary
25-9 suspension to determine if probable cause exists that a continuing
25-10 and imminent threat to the public welfare still exists. A final
25-11 hearing on the matter shall be held not later than the 61st day
25-12 after the date of temporary suspension.
25-13 SECTION 14B. COMPLAINT PROCEDURE IN GENERAL. (a) The board
25-14 shall keep an information file about each complaint filed with the
25-15 board. The board's information file shall be kept current and
25-16 contain a record for each complaint of:
25-17 (1) all persons contacted in relation to the
25-18 complaint;
25-19 (2) a summary of findings made at each step of the
25-20 complaint process;
25-21 (3) an explanation of the legal basis and reason for a
25-22 complaint that is dismissed; and
25-23 (4) other relevant information.
25-24 (b) If a written complaint is filed with the board that the
25-25 board has authority to resolve, the board, at least as frequently
26-1 as quarterly and until final disposition of the complaint, shall
26-2 notify the parties to the complaint of the status of the complaint
26-3 unless the notice would jeopardize an undercover investigation.
26-4 (c) The board by rule shall adopt a form to standardize
26-5 information concerning complaints made to the board. The board by
26-6 rule shall prescribe information to be provided to a person who
26-7 wishes to file a complaint with the board.
26-8 (d) The board shall provide reasonable assistance to a
26-9 person who wishes to file a complaint with the board.
26-10 SECTION 14C. COMPLAINT INVESTIGATION AND DISPOSITION. (a)
26-11 The board shall adopt rules concerning the investigation of a
26-12 complaint filed with the board. The rules adopted under this
26-13 subsection shall:
26-14 (1) distinguish between categories of complaints;
26-15 (2) ensure that complaints are not dismissed without
26-16 appropriate consideration;
26-17 (3) require that the board be advised of a complaint
26-18 that is dismissed and that a letter be sent to the person who filed
26-19 the complaint explaining the action taken on the dismissed
26-20 complaint;
26-21 (4) ensure that the person who filed the complaint has
26-22 an opportunity to explain the allegations made in the complaint;
26-23 and
26-24 (5) prescribe guidelines concerning the categories of
26-25 complaints that require the use of a private investigator and the
27-1 procedures for the board to obtain the services of a private
27-2 investigator.
27-3 (b) The board shall dispose of all complaints in a timely
27-4 manner. The board shall establish a schedule for conducting each
27-5 phase of a complaint that is under the control of the board not
27-6 later than the 30th day after the date the complaint is received by
27-7 the board. The schedule shall be kept in the information file for
27-8 the complaint and all parties shall be notified of the projected
27-9 time requirements for pursuing the complaint. A change in the
27-10 schedule must be noted in the complaint information file and all
27-11 parties to the complaint must be notified not later than the
27-12 seventh day after the date the change is made.
27-13 (c) The executive secretary of the board shall notify the
27-14 board of a complaint that extends beyond the time prescribed by the
27-15 board for resolving the complaint.
27-16 SECTION 14D. INFORMAL PROCEEDINGS. (a) The board by rule
27-17 shall adopt procedures governing:
27-18 (1) informal disposition of a contested case under
27-19 Section 2001.056, Government Code, and its subsequent amendments;
27-20 and
27-21 (2) informal proceedings held in compliance with
27-22 Section 2001.054, Government Code, and its subsequent amendments.
27-23 (b) Rules adopted under this section must provide the
27-24 complainant and the licensee an opportunity to be heard and must
27-25 require the presence of a representative of the department's legal
28-1 staff or the attorney general's office to advise the board or
28-2 board's employees.
28-3 SECTION 14E. MONITORING OF LICENSES. The board by rule
28-4 shall develop a system for monitoring licensees' compliance with
28-5 the requirements of this Act. Rules adopted under this section
28-6 shall include procedures for monitoring a licensee who is ordered
28-7 by the board to perform certain acts to ascertain that the licensee
28-8 performs the required acts and to identify and monitor licensees
28-9 who represent a risk to the public.
28-10 SECTION 15. POWER TO SUE. The board or the department may
28-11 institute a suit in its own name to enjoin the violation of this
28-12 Act. The suit is in addition to any other action, proceeding, or
28-13 remedy authorized by law. The board shall be represented by the
28-14 attorney general or the appropriate county or district attorney.
28-15 SECTION 16. ENDORSEMENT. (a) The board may grant, on
28-16 application and payment of fees, a provisional license to a person
28-17 who at the time of application holds a valid license or certificate
28-18 as an art therapist issued by another state or any political
28-19 territory or jurisdiction acceptable to the board. An applicant
28-20 for a provisional license under this section must:
28-21 (1) be licensed and in good standing as an art
28-22 therapist in another state, territory, or jurisdiction that has
28-23 licensing requirements that are substantially equivalent to the
28-24 requirements of this Act;
28-25 (2) have passed a national or other examination
29-1 recognized by the board relating to counseling or art therapy; and
29-2 (3) be sponsored by a person licensed by the board
29-3 under this Act with whom the provisional licensee may practice
29-4 under this section.
29-5 (b) An applicant for a provisional license may be excused
29-6 from the requirement of Subsection (a)(3) of this section if the
29-7 board determines that compliance with that subsection constitutes a
29-8 hardship to the applicant.
29-9 (c) A provisional license is valid until the date the board
29-10 approves or denies the provision licensee's application for a
29-11 license. The board shall issue a license under this Act to the
29-12 holder of a provisional license under this section if:
29-13 (1) the provisional licensee passes the examination
29-14 required by Section 11 of this Act;
29-15 (2) the board verifies that the provisional licensee
29-16 has the academic and experience requirements for a license under
29-17 this Act; and
29-18 (3) the provisional licensee satisfies any other
29-19 license requirements under this Act.
29-20 (d) The board must complete the processing of a provisional
29-21 licensee's application for a license not later than the 180th day
29-22 after the date the provisional license is issued or at the time
29-23 licenses are issued following the successful completion of the
29-24 examination, whichever is later.
29-25 SECTION 17. REVENUE, RECEIPTS, AND DISBURSEMENTS. (a) All
30-1 money paid to the department under this Act shall be deposited in
30-2 the State Treasury to the credit of a special fund to be known as
30-3 the professional art therapists licensing fund and may be used only
30-4 for the administration of this Act.
30-5 (b) The board by rule shall establish reasonable and
30-6 necessary fees so that the fees, in the aggregate, produce
30-7 sufficient revenue to meet the expenses of administering this Act
30-8 without accumulating unnecessary surpluses.
30-9 (c) The fees set by the board may be adjusted so that the
30-10 total fees collected are sufficient to meet the expenses of
30-11 administering this Act. The board shall establish a standard fee
30-12 applicable to all licenses.
30-13 SECTION 18. ANNUAL REPORT. Not later than the 90th day
30-14 after the last day of each state fiscal year, the board shall
30-15 submit to the governor, lieutenant governor, and speaker of the
30-16 house a report about the activities of the board during the
30-17 preceding fiscal year.
30-18 SECTION 19. SUNSET PROVISION. The Texas State Board of
30-19 Examiners of Licensed Professional Art Therapists is subject to
30-20 Chapter 325, Government Code (Texas Sunset Act). Unless the board
30-21 is continued in existence as provided by that chapter, the board is
30-22 abolished September 1, 2005.
30-23 SECTION 20. EMERGENCY. The importance of this legislation
30-24 and the crowded condition of the calendars in both houses create an
30-25 emergency and an imperative public necessity that the
31-1 constitutional rule requiring bills to be read on three several
31-2 days in each house be suspended, and this rule is hereby suspended.