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. 1-4 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 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. 5-7 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 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. 12-11 SECTION 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a) 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. 12-23 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 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. 19-16 SECTION 12. LICENSES AND RENEWAL OF LICENSES. (a) A 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). 24-22 SECTION 14A. TEMPORARY SUSPENSION OF LICENSE. If the 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. 26-14 SECTION 14C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) 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. 30-7 SECTION 17. REVENUE, RECEIPTS AND DISBURSEMENTS. (a) All 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.