By Tillery, Jones of Dallas                           H.B. No. 2457
          Substitute the following for H.B. No. 2457:
          By Hunter of Taylor                               C.S.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.
    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 Professional
   1-10  Licensed Art Therapist, should be regulated to protect the health,
   1-11  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 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 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" which means evaluating and identifying
    3-1  needs of a client to determine the advisability of referral to
    3-2  other 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.
    5-8  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 Subsection
   7-21  (e) of Section 4 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 14B 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.
  12-12  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.
  12-24  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 271, Acts of the
  13-17  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
  13-18  Texas Civil Statutes), and its subsequent amendments;
  13-19                    (B)  open records law, Chapter 424, Acts of the
  13-20  63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
  13-21  Texas Civil Statutes), and its subsequent amendments; and
  13-22                    (C)  Administrative Procedure and Texas Register
  13-23  Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  13-24  subsequent amendments;
  13-25              (8)  the requirements of the conflict of interest laws
   14-1  and other laws relating  to public officials; and
   14-2              (9)  any applicable ethics policies adopted by the
   14-3  board of the Texas Ethics Commission.
   14-4        (d)  In developing the training requirements provided  for in
   14-5  this section, the board shall consult with the governor's office,
   14-6  the attorney general's office, and the Texas Ethics Commission.
   14-7        (e)  In the event that another state agency or entity is
   14-8  given the authority to establish the training requirements, the
   14-9  board shall allow that training in lieu of developing its own
  14-10  program.
  14-11        SECTION 7.  REIMBURSEMENT OF BOARD EXPENSES.  A member of the
  14-12  board is not entitled to compensation for the member's service on
  14-13  the board.  A member of the board is entitled to reimbursement for
  14-14  actual travel expenses incurred in attending a meeting of the board
  14-15  as provided by the General Appropriations Act.
  14-16        SECTION 8.  Board Personnel.  (a)  The executive secretary
  14-17  must be an employee of the department.  The Commissioner of Health,
  14-18  with the advice and consent of the board, shall designate an
  14-19  employee to serve as executive secretary of the board.  The
  14-20  executive secretary shall be the administrator of professional art
  14-21  therapist licensing activities for the board.  In addition to his
  14-22  other duties prescribed by this Act and by the department, the
  14-23  executive secretary shall:
  14-24              (1)  keep full and accurate minutes of the transactions
  14-25  and proceedings of the board;
   15-1              (2)  be the custodian of the files and records of the
   15-2  board;
   15-3              (3)  prepare and recommend to the board plans and
   15-4  procedures necessary to implement the purposes and objectives of
   15-5  this Act, including rules and proposals on administrative
   15-6  procedures not inconsistent with this Act;
   15-7              (4)  exercise general supervision over persons employed
   15-8  by the department in the administration of this Act;
   15-9              (5)  be responsible for the investigation of complaints
  15-10  and for the presentation of formal complaints;
  15-11              (6)  attend all meetings of the board, but the
  15-12  executive secretary is not entitled to vote at board meetings; and
  15-13              (7)  handle or arrange for the handling of the
  15-14  correspondence of the board, make or arrange for necessary
  15-15  inspections and investigations, and obtain, assemble, or prepare
  15-16  the reports and information that the board may direct or authorize.
  15-17        (b)  The board shall develop and implement policies that
  15-18  clearly define the respective responsibilities of the board and the
  15-19  staff of the board.
  15-20        (c)  The basic personnel and necessary facilities that are
  15-21  required to administer this Act shall be the personnel and
  15-22  facilities of the department acting as the agents of the board.
  15-23  The department may secure by agreement services that it considers
  15-24  necessary and provide for the compensation for these services and
  15-25  may employ and compensate, within appropriations available, the
   16-1  professional consultants, technical assistants, and employees on a
   16-2  full- or part-time basis necessary to administer this Act.
   16-3        SECTION 9.  Art Therapist Qualifications.  (a)  A person is a
   16-4  qualified art therapist applicant if the person:
   16-5              (1)  is at least 21 years old;
   16-6              (2)  has submitted an application as required by the
   16-7  board, accompanied by the fee set by the board; the board may
   16-8  require that the statements on the application be made under oath;
   16-9              (3)  has demonstrated professional competency by
  16-10  satisfactorily passing an examination as prescribed by the board;
  16-11              (4)  holds either:
  16-12                    (A)  a master's or doctoral degree in art therapy
  16-13  that includes 600 hours of supervised internship experience from an
  16-14  accredited institution except that on or after September 1, 1996,
  16-15  applicants must have 700 hours of supervised internship experience
  16-16  from an accredited institution;
  16-17                    (B)  a master's degree in a counseling related
  16-18  field and has a minimum of 21 semester hours of sequential course
  16-19  work in the history, theory, and practice of art therapy and has
  16-20  completed 600 hours of supervised internship experience from an
  16-21  accredited institution except that on or after September 1, 1996,
  16-22  applicants must complete 700 hours of supervised internship
  16-23  experience from an accredited institution;
  16-24              (5)  has completed 1,000 client contact hours of
  16-25  postgraduate experience under supervision of a psychiatrist,
   17-1  psychologist, social worker, licensed professional counselor, or
   17-2  nationally registered art therapist, beyond the requirements in
   17-3  Subdivision (4)(A) of this subsection; except that on or after
   17-4  September 1, 1996, applicants must complete 1,000 client contact
   17-5  hours of postgraduate experience under supervision of a licensed
   17-6  art therapist beyond the requirements in Subdivision (4)(A) of this
   17-7  subsection; or 2,000 client contact hours of postgraduate
   17-8  experience under supervision of a psychiatrist, psychologist,
   17-9  social worker, licensed professional counselor, or nationally
  17-10  registered art therapist beyond the requirements in Subdivision
  17-11  (4)(B) of this subsection, except that on or after September 1,
  17-12  1998, applicants must complete 2,000 client contact hours of
  17-13  postgraduate experience under supervision of a licensed art
  17-14  therapist beyond the requirements in Subdivision (4)(B) of this
  17-15  subsection;
  17-16                    (A)  The board may approve on a case-by-case
  17-17  basis applicants who have a master's degree or a doctoral degree
  17-18  from nonaccredited institutions.
  17-19        SECTION 10.  Application Review.  After investigation of the
  17-20  application and other evidence submitted, the board shall, no later
  17-21  than the 30th day before the examination date, notify each
  17-22  applicant that the application and evidence submitted are
  17-23  satisfactory and accepted or unsatisfactory and rejected.  If
  17-24  rejected, the notice shall state the reasons for the rejection.
  17-25        SECTION 11.  ART THERAPIST EXAMINATION.  (a)  An applicant
   18-1  who has met the requirements for licensure shall be scheduled for
   18-2  the next appropriate examination following the approval of the
   18-3  application.
   18-4        (b)  The board shall establish by rule the examination
   18-5  application deadline and the requirements for re-examination if the
   18-6  applicant has failed the examination.
   18-7        (c)  The examination shall cover subjects appropriate to the
   18-8  scope of practice as a professional art therapist.  For the
   18-9  biennium ending August 31, 1997, the board shall adopt the national
  18-10  Certification Examination in Art Therapy of the Art Therapy
  18-11  Credentials Board as the examination required under this section.
  18-12        (d)  The board shall provide for the grading of the
  18-13  examination and recommend to the chairman action to be taken.  To
  18-14  ensure impartiality, written examination documents shall be
  18-15  identified by number, and no paper may be marked with the name of
  18-16  an applicant but shall be anonymously graded.  If the board
  18-17  subsequently adopts its own examination, the board shall have the
  18-18  written portion of the examination, if any, validated under the
  18-19  direction of a testing professional.  In the event an applicant
  18-20  fails to receive a passing grade on the entire examination, he may
  18-21  reapply and shall be allowed to take a subsequent examination.  An
  18-22  applicant who has failed two successive examinations may not
  18-23  reapply until two years have elapsed from the date of the last
  18-24  examination or he has satisfactorily completed nine graduate
  18-25  semester hours in the applicant's weakest portion of the
   19-1  examination.
   19-2        (e)  Not later than the 30th day after the day a licensing
   19-3  examination is administered under this Act, the board shall notify
   19-4  each examinee of the results of the examination.  However, if an
   19-5  examination is graded or reviewed by a national testing service,
   19-6  the board shall notify each examinee of the results of examination
   19-7  not later than the 14th day after the day the board receives the
   19-8  results from the testing service.  If the notice of the examination
   19-9  results graded or reviewed by the national testing service will be
  19-10  delayed for more than 90 days after the examination date, the board
  19-11  shall notify the examinee of the reason for the delay before the
  19-12  90th day.
  19-13        (f)  If requested in writing by a person who fails the
  19-14  examination for a license, the board shall furnish to the person an
  19-15  analysis of the person's performance on the examination.
  19-17  license certificate issued by the board is the property of the
  19-18  board and must be surrendered on demand.
  19-19        (b)  The licensee shall display the license certificate in an
  19-20  appropriate and public manner.
  19-21        (c)  The licensee shall inform the board of his current
  19-22  address at all times.
  19-23        (d)  Each year the board shall prepare a registry of licensed
  19-24  professional art therapists.  The registry shall be made available
  19-25  to the licensees, other state agencies, and the general public on
   20-1  request.
   20-2        (e)  The license may be renewed annually if the licensee is
   20-3  not in violation of this Act at the time of application for renewal
   20-4  and if the applicant fulfills current requirements of continuing
   20-5  education as established by the board.
   20-6        (f)  The board by rule shall establish a minimum number of
   20-7  hours of continuing education required to renew a license under
   20-8  this Act.  The board may assess the continuing education needs of
   20-9  licenses and may require licensees to attend continuing education
  20-10  courses specified by the board.  The board by rule shall develop a
  20-11  process to evaluate and approve continuing education courses.
  20-12        (g)  The board shall identify the key factors for the
  20-13  competent performance by a licensee of the licensee's professional
  20-14  duties.  The board shall implement a procedure to assess a
  20-15  licensee's participation in continuing education programs.
  20-16        (h)  Each person licensed under this Act is responsible for
  20-17  renewing his license before the expiration date.
  20-18        (i)  The board shall adopt a system under which licenses
  20-19  expire on various dates during the year.  For the year in which the
  20-20  initial license is issued, license fees payable on the date of
  20-21  issuance shall be prorated on a monthly basis so that each licensee
  20-22  shall pay only that portion of the license fee that is applicable
  20-23  to the number of months during which the license is valid.  On
  20-24  renewal of the license, the total license fee is payable.
  20-25        (j)  A person may renew an unexpired license by paying to the
   21-1  board before the expiration of the license the required renewal
   21-2  fee.
   21-3        (k)  If a person's license has been expired for 90 days or
   21-4  less, the person may renew the license by paying to the board the
   21-5  required renewal fee and a fee that is one-half of the examination
   21-6  fee for the license.
   21-7        (l)  If a person's license has been expired for 90 days but
   21-8  less than one year because of the person's failure to pay the
   21-9  renewal fee or failure to meet continuing education requirements,
  21-10  the person may renew the license by paying to the board all unpaid
  21-11  renewal fees and a fee that is equal to the examination fee for the
  21-12  license and providing the board with proof of completing the
  21-13  required continuing education.
  21-14        (m)  If a person's license has been expired for one year or
  21-15  longer, the person may not renew the license.  The person may
  21-16  obtain a new license by complying with the requirements and
  21-17  procedures for obtaining an original license.  However, the board
  21-18  may renew without reexamination an expired license of a person who
  21-19  was licensed in this state, moved to another state, and is
  21-20  currently licensed and has been in practice in the other state for
  21-21  the two years preceding application.  The person must pay to the
  21-22  board a fee that is equal to the examination fee for the license.
  21-23        (n)  At least 30 days before the expiration of a person's
  21-24  license, the board shall send written notice of the impending
  21-25  license expiration to the person at the licensee's last known
   22-1  address according to the records of the board.
   22-2        (o)  A licensee may request that the licensee's license be
   22-3  declared inactive.  The licensee then foregoes the licensing rights
   22-4  granted under this Act but is relieved of renewal fees and penalty
   22-5  fees.  The license shall be declared active on the payment of a
   22-6  license fee if the applicant is not in violation of this Act at the
   22-7  time of application for reactivation of the license and if the
   22-8  applicant fulfills current requirements applicable to all inactive
   22-9  licensees as provided by the rules adopted by the board.
  22-10        (p)  The board by rule may provide for the issuance of a
  22-11  temporary license.  Rules adopted under this subsection shall
  22-12  include a time limit for a temporary license.
  22-13        (q)  The board by rule may adopt a system under which a
  22-14  temporary license may be issued to individuals who have met all of
  22-15  the academic requirements for licensing and who have entered into a
  22-16  supervisory agreement with a supervisor approved by the board.
  22-17        (r)  The board by rule may adopt a system for placing a
  22-18  licensee on retirement status.
  22-19        SECTION 13.  LICENSE REQUIRED PENALTY.  (a)  Unless the
  22-20  person is exempt under Section 3 of this Act, a person may not
  22-21  engage on or after January 1, 1997 in the practice of art therapy
  22-22  without a license issued under this Act.
  22-23        (b)  A person commits an offense if the person knowingly or
  22-24  intentionally:
  22-25              (1)  engages in the practice of art therapy without
   23-1  holding a license issued under this Act;
   23-2              (2)  engages in the practice of art therapy after the
   23-3  person's license under this Act has expired;
   23-4              (3)  represents the person by the title "Licensed
   23-5  Professional Art Therapist" without being licensed under this Act;
   23-6  or
   23-7              (4)  makes use of any title, words, letters, or
   23-8  abbreviation that implies that the person is licensed under this
   23-9  Act if the person is not licensed under this Act.
  23-10        (c)  An offense under Subsection (b) of this section is a
  23-11  Class B misdemeanor.
  23-12        SECTION 14.  DISCIPLINARY ACTIONS.  (a)  The board shall
  23-13  revoke, suspend, suspend on an emergency basis, or refuse to renew
  23-14  the license of a licensee, place on probation a licensee whose
  23-15  license has been suspended, or reprimand a licensee if the
  23-16  licensee:
  23-17              (1)  has committed an act in violation of Section
  23-18  21.14, Penal Code, or for which liability exists under Chapter 81,
  23-19  Civil Practice and Remedies Code;
  23-20              (2)  has violated this Act or a rule or code of ethics
  23-21  adopted by the board;
  23-22              (3)  is legally committed to an institution because of
  23-23  mental incompetence from any cause; or
  23-24              (4)  offers to pay or agrees to accept any
  23-25  remuneration, directly or indirectly, to or from any person or
   24-1  entity for securing or soliciting a patient or patronage.
   24-2        (b)  If a licensee suspension is probated, the board may
   24-3  require the licensee to:
   24-4              (1)  report regularly to the board on matters that are
   24-5  the basis of the probation;
   24-6              (2)  limit practice to the areas prescribed by the
   24-7  board; or
   24-8              (3)  continue or review continuing professional
   24-9  education until the licensee attains a degree of skill satisfactory
  24-10  to the board in those areas that are the basis of the probation.
  24-11        (c)  A licensee is entitled to a hearing conducted by the
  24-12  State Office of Administrative Hearings before a sanction is
  24-13  imposed under this section.
  24-14        (d)  The board by rule shall adopt a broad schedule of
  24-15  sanctions for violations under this Act.  The State Office of
  24-16  Administrative Hearings shall use the schedule for any sanction
  24-17  imposed as the result of a hearing conducted by that office.
  24-18        (e)  Proceedings for revocation or suspension of a license
  24-19  and appeals from those proceedings are governed by the
  24-20  Administrative Procedure and Texas Register Act, as amended
  24-21  (Article 6252-13a, Vernon's Texas Civil Statutes).
  24-23  majority of the board or a committee of board members designated by
  24-24  the board determines from the evidence or information presented to
  24-25  it that a licensee, by continuation in practice, would constitute a
   25-1  continuing and imminent threat to the public welfare, the board or
   25-2  the three-member committee shall temporarily suspend the license of
   25-3  the licensee.  The license may be suspended under this section
   25-4  without notice or hearing on the complaint, provided institution of
   25-5  proceedings for a hearing before the State Office of Administrative
   25-6  Hearings is initiated simultaneously with the temporary suspension
   25-7  and provided that a hearing is held as soon as can be accomplished
   25-8  under this chapter and the Administrative Procedure and Texas
   25-9  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
  25-10  its subsequent amendments.  The State Office of Administrative
  25-11  Hearings shall hold a preliminary hearing not later than the 14th
  25-12  day after the date of the temporary suspension to determine if
  25-13  probable cause exists that a continuing and imminent threat to the
  25-14  public welfare still exists.  A final hearing on the matter shall
  25-15  be held not later than the 61st day after the date of temporary
  25-16  suspension.
  25-17        SECTION 14B.  COMPLAINT PROCEDURE IN GENERAL.  (a)  The board
  25-18  shall keep an information file about each complaint filed with the
  25-19  board.  The board's information file shall be kept current and
  25-20  contain a record for each complaint of:
  25-21              (1)  all persons contacted in relation to the
  25-22  complaint;
  25-23              (2)  a summary of findings made at each step of the
  25-24  complaint process;
  25-25              (3)  an explanation of the legal basis and reason for a
   26-1  complaint that is dismissed; and
   26-2              (4)  other relevant information.
   26-3        (b)  If a written complaint is filed with the board that the
   26-4  board has authority to resolve, the board, at least as frequently
   26-5  as quarterly and until final disposition of the complaint, shall
   26-6  notify the parties to the complaint of the status of the complaint
   26-7  unless the notice would jeopardize an undercover investigation.
   26-8        (c)  The board by rule shall adopt a form to standardize
   26-9  information concerning complaints made to the board.  The board by
  26-10  rule shall prescribe information to be provided to a person who
  26-11  wishes to file a complaint with the board.
  26-12        (d)  The board shall provide reasonable assistance to a
  26-13  person who wishes to file a complaint with the board.
  26-15  The board shall adopt rules concerning the investigation of a
  26-16  complaint filed with the board.  The rules adopted under this
  26-17  subsection shall:
  26-18              (1)  distinguish between categories of complaints;
  26-19              (2)  ensure that complaints are not dismissed without
  26-20  appropriate consideration;
  26-21              (3)  require that the board be advised of a complaint
  26-22  that is dismissed and that a letter be sent to the person who filed
  26-23  the complaint explaining the action taken on the dismissed
  26-24  complaint;
  26-25              (4)  ensure that the person who filed the complaint has
   27-1  an opportunity to explain the allegations made in the complaint;
   27-2  and
   27-3              (5)  prescribe guidelines concerning the categories of
   27-4  complaints that require the use of a private investigator and the
   27-5  procedures for the board to obtain the services of a private
   27-6  investigator.
   27-7        (b)  The board shall dispose of all complaints in a timely
   27-8  manner.  The board shall establish a schedule for conducting each
   27-9  phase of a complaint that is under the control of the board not
  27-10  later than the 30th day after the date the complaint is received by
  27-11  the board.  The schedule shall be kept in the information file for
  27-12  the complaint and all parties shall be notified of the projected
  27-13  time requirements for pursuing the complaint.  A change in the
  27-14  schedule must be noted in the complaint information file and all
  27-15  parties to the complaint must be notified not later than the
  27-16  seventh day after the date the change is made.
  27-17        (c)  The executive secretary of the board shall notify the
  27-18  board of a complaint that extends beyond the time prescribed by the
  27-19  board for resolving the complaint.
  27-20        SECTION 14D.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  27-21  shall adopt procedures governing:
  27-22              (1)  informal disposition of a contested case under
  27-23  Section 13(e), Administrative Procedure and Texas Register Act
  27-24  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  27-25  subsequent amendments; and
   28-1              (2)  informal proceedings held in compliance with
   28-2  Section 18(c), Administrative Procedure and Texas Register Act
   28-3  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   28-4  subsequent amendments.
   28-5        (b)  Rules adopted under this section must provide the
   28-6  complainant and the licensee an opportunity to be heard and must
   28-7  require the presence of a representative of the department's legal
   28-8  staff or the attorney general's office to advise the board or
   28-9  board's employees.
  28-10        SECTION 14E.  MONITORING OF LICENSES.  The board by rule
  28-11  shall develop a system for monitoring licensees' compliance with
  28-12  the requirements of this Act.  Rules adopted under this section
  28-13  shall include procedures for monitoring a licensee who is ordered
  28-14  by the board to perform certain acts to ascertain that the licensee
  28-15  performs the required acts and to identify and monitor licensees
  28-16  who represent a risk to the public.
  28-17        SECTION 15.  POWER TO SUE.  The board or the department may
  28-18  institute a suit in its own name to enjoin the violation of this
  28-19  Act.  The suit is in addition to any other action, proceeding, or
  28-20  remedy authorized by law.  The board shall be represented by the
  28-21  attorney general or the appropriate county or district attorney.
  28-22        SECTION 16.  ENDORSEMENT.  (a)  The board may grant, on
  28-23  application and payment of fees, a provisional license to a person
  28-24  who at the time of application holds a valid license or certificate
  28-25  as an art therapist issued by another state or any political
   29-1  territory or jurisdiction acceptable to the board.  An applicant
   29-2  for a provisional license under this section must:
   29-3              (1)  be licensed and in good standing as an art
   29-4  therapist in another state, territory or jurisdiction that has
   29-5  licensing requirements that are substantially equivalent to the
   29-6  requirements of this Act;
   29-7              (2)  have passed a national or other examination
   29-8  recognized by the board relating to counseling or art therapy; and
   29-9              (3)  be sponsored by a person licensed by the board
  29-10  under this Act with whom the provisional licensee may practice
  29-11  under this section.
  29-12        (b)  An applicant for a provisional license may be excused
  29-13  from the requirement of Subsection (a)(3) of this section if the
  29-14  board determines that compliance with that subsection constitutes a
  29-15  hardship to the applicant.
  29-16        (c)  A provisional license is valid until the date the board
  29-17  approves or denies the provision licensee's application for a
  29-18  license.  The board shall issue a license under this Act to the
  29-19  holder of a provisional license under this section if:
  29-20              (1)  the provisional licensee passes the examination
  29-21  required by Section 11 of this Act;
  29-22              (2)  the board verifies that the provisional licensee
  29-23  has the academic and experience requirements for a license under
  29-24  this Act; and
  29-25              (3)  the provisional licensee satisfies any other
   30-1  license requirements under this Act.
   30-2        (d)  The board must complete the processing of a provisional
   30-3  licensee's application for a license not later than the 180th day
   30-4  after the date the provisional license is issued or at the time
   30-5  licenses are issued following the successful completion of the
   30-6  examination, whichever is later.
   30-8  money paid to the department under this Act shall be deposited in
   30-9  the State Treasury to the credit of a special fund to be known as
  30-10  the professional art therapists licensing fund and may be used only
  30-11  for the administration of this Act.
  30-12        (b)  The board by rule shall establish reasonable and
  30-13  necessary fees so that the fees, in the aggregate, produce
  30-14  sufficient revenue to meet the expenses of administering this Act
  30-15  without accumulating unnecessary surpluses.
  30-16        (c)  The fees set by the board may be adjusted so that the
  30-17  total fees collected are sufficient to meet the expenses of
  30-18  administering this Act.  The board shall establish a standard fee
  30-19  applicable to all licenses.
  30-20        SECTION 18.  ANNUAL REPORT.  Not later than the 90th day
  30-21  after the last day of each state fiscal year, the board shall
  30-22  submit to the governor, lieutenant governor, and speaker of the
  30-23  house a report about the activities of the board during the
  30-24  preceding fiscal year.
  30-25        SECTION 19.  SUNSET PROVISION.  The Texas State Board of
   31-1  Licensed Professional Art Therapists is subject to Chapter 325,
   31-2  Government Code (Texas Sunset Act).  Unless the board is continued
   31-3  in existence as provided by that chapter, the board is abolished
   31-4  September 1, 2005.
   31-5        SECTION 20.  EMERGENCY.  The importance of this legislation
   31-6  and the crowded condition of the calendars in both houses create an
   31-7  emergency and an imperative public necessity that the
   31-8  constitutional rule requiring bills to be read on three separate
   31-9  days in each house be suspended, and this rule is hereby suspended.