By Tillery 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) "Counseling services" means those acts and 1-23 behaviors coming within the meaning of the practice of counseling. 2-1 (6) "Practice of counseling" means rendering or 2-2 offering to render, to individuals, couples, families, groups, 2-3 organizations, or the general public, counseling or guidance 2-4 services, for compensation, involving the application of 2-5 principles, methods or procedures of the counseling profession that 2-6 include: 2-7 (A) "counseling" which means assisting one or 2-8 more clients through the therapeutic relationship, using a 2-9 combination of mental health and human development principles, 2-10 methods, and techniques, including the use of psychotherapy, to 2-11 achieve the mental, emotional, physical, social, moral, 2-12 educational, spiritual or career-related development and adjustment 2-13 of the client throughout the client's life; 2-14 (B) "appraisal activities" which means 2-15 selecting, administering, and interpreting instruments designed to 2-16 assess an individual's aptitudes, attitudes, abilities, 2-17 achievements, interests, and personal characteristics and the use 2-18 of methods and techniques for understanding human behavior that may 2-19 include the evaluation and treatment by counseling methods, 2-20 techniques, and procedures for mental and emotional disorders, 2-21 alcoholism and substance abuse, and other habit or conduct 2-22 disorders but does not include the use of projective techniques in 2-23 the assessment of personality. 2-24 (C) "referral" which means evaluating and 2-25 identifying needs of a counselee to determine the advisability of 3-1 referral to other specialists, informing the counselee of such 3-2 judgment, and communicating as requested or deemed appropriate to 3-3 such referral sources. 3-4 (7) "Licensee" means an individual who has a valid 3-5 license issued under this Act. 3-6 (8) "Licensed professional art therapist" means a 3-7 person who 3-8 (A) has the authority to engage in the 3-9 autonomous practice of counseling and who represents himself or 3-10 herself to the public by any title or description of services 3-11 incorporating the words "Licensed Professional Art Therapist," who 3-12 offers to render professional counseling services to individuals, 3-13 couples, families, groups, organizations, corporations, 3-14 institutions, government agencies, or the general public for 3-15 compensation, implying that he or she is licensed and trained, 3-16 experienced, or expert in counseling, and who holds valid license 3-17 issued under this Act to engage in the practice of art therapy; or 3-18 (B) a person who holds a valid license issued 3-19 under this Act and who engages in the practice of art therapy. 3-20 (9) "Practice of art therapy" means the rendering to 3-21 individuals, families, or groups of services that use art media as 3-22 a means of expression and communication to promote perceptive, 3-23 intuitive, affective, and expressive experiences that alleviate 3-24 distress, reduce physical, emotional, behavioral, and social 3-25 impairment and lead to growth or reintegration of one's 4-1 personality. Art therapy services include diagnostic evaluation, 4-2 development of patient treatment plans, goals, and objectives, case 4-3 management services, and therapeutic treatment. 4-4 (10) "Art therapy services" means those acts and 4-5 behaviors coming within the meaning of the practice of art therapy. 4-6 SECTION 3. EXEMPTIONS (a) Except as provided by Subsection 4-7 (b) of this section, this Act does not apply to: 4-8 (1) the activities and services of or use of an 4-9 official title by a person employed as an art therapist by a 4-10 federal, state, county or municipal agency or public or private 4-11 educational institution, if the person is performing art therapy or 4-12 art therapy-related activities, within the scope of his employment. 4-13 (2) the activities and services of a student, intern, 4-14 or trainee in art therapy pursuing a course of study in art therapy 4-15 in a regionally accredited institution of higher education or 4-16 training institution, if these activities and services constitute a 4-17 part of the supervised course of study and the person is designated 4-18 an "art therapy intern"; 4-19 (3) the activities and services of a nonresident 4-20 rendered not more than 30 days during any year, if the person is 4-21 authorized to perform the activities and services under the law of 4-22 the state or country of his residence: 4-23 (4) the activities and services of members of other 4-24 professions licensed or certified by the state, such as physicians, 4-25 registered nurses, psychologists, certified social workers, 5-1 licensed marriage and family therapists, licensed chemical 5-2 dependency counselors, licensed optometrists in the evaluation and 5-3 remediation of learning or behavioral disabilities associated with 5-4 or caused by a defective or abnormal condition of vision, Christian 5-5 Science practitioners who are recognized by the Church of Christ 5-6 Scientist as registered and published in the Christian Science 5-7 Journal, or other recognized religious practitioners performing 5-8 counseling consistent with the law of the state, their training, 5-9 and any code of ethics of their professions, if they do not 5-10 represent themselves by any title or description in the manner 5-11 prescribed by Section 2 of this Act; 5-12 (5) the activities, services, titles, and descriptions 5-13 of persons licensed to practice law; 5-14 (6) the activities, services, titles, and descriptions 5-15 of persons employed as professionals or who are volunteers in the 5-16 practice of art therapy, for public and private nonprofit 5-17 organizations or charities who are accountable to the persons' 5-18 sponsoring organization and do not use the title or hold themselves 5-19 out to be licensed art therapists; 5-20 (7) persons supervised by a physician and recognized 5-21 as physician assistants by the Texas State Board of Medical 5-22 Examiners, if the persons act strictly within their scope of 5-23 practice and do not use the titles covered by Section 15(b)(3) of 5-24 this Act; or 5-25 (8) persons owning, operating, or employed by a 6-1 certified career counseling service regulated under Chapter 222, 6-2 Acts of the 70th Legislature, Regular Session, 1987 (Article 6-3 5221a-8, Vernon's Texas Civil Statutes), 6-4 (b) A person otherwise exempt under this section who elects 6-5 to obtain a license under this Act is subject to this Act to the 6-6 same extent as any other licensee. 6-7 SECTION 4. NATURE AND COMPOSITION OF THE BOARD. (a) the 6-8 Texas State Board of Examiners of Licensed Professional Art 6-9 Therapists is created. 6-10 (b) The board is composed of nine members appointed by the 6-11 governor with the advice and consent of the senate. 6-12 (c) Five members of the board must be licensed professional 6-13 art therapists, at least one of whom is a counselor educator and at 6-14 least three of whom are in private practice. The governor shall 6-15 appoint four citizens from the general public. 6-16 (d) Members hold office for staggered terms of six years, 6-17 with three members' terms expiring February 1 of each odd-numbered 6-18 year. In making an appointment, the governor shall specify which 6-19 member each new appointee succeeds. Before entering on the duties 6-20 of his office, each member of the board shall take the 6-21 constitutional oath of office and file it with the secretary of 6-22 state. 6-23 (e) An officer, employee, or paid consultant of a Texas 6-24 trade association in the field of health care may not be a member 6-25 or employee of the department that carries out the functions of the 7-1 board who is exempt from the state's position classification plan 7-2 or is compensated at or above the amount prescribed by the General 7-3 Appropriations Act for step 1, salary group 17, of the position 7-4 classification salary schedule. A person who is the spouse of an 7-5 officer, manager, or paid consultant of a Texas trade association 7-6 in the field of health care may not be a board member and may not 7-7 be an employee of the board who is exempt from the state's position 7-8 classification plan or is compensated at or above the amount 7-9 prescribed by the General appropriations Act for step 1, salary 7-10 group 17, of the position classification salary schedule. 7-11 (f) For the purposes of this section, a Texas trade 7-12 association is a nonprofit, cooperative, and voluntarily joined 7-13 association of business or professional competitors in this state 7-14 designed to assist its members and its industry or profession in 7-15 dealing with mutual business or professional problems and in 7-16 promoting their common interest. 7-17 (g) A person may not serve as a member of the board or act 7-18 as the general counsel to the board if the person is required to 7-19 register as a lobbyist under Chapter 305, Government Code, because 7-20 of the person's activities for compensation on behalf of a 7-21 profession related to the operation of the board. 7-22 SECTION 5. BOARD MEMBER QUALIFICATIONS. (a) To be qualified 7-23 for appointment as a professional member of this board, a person 7-24 must: 7-25 (1) be a citizen of the United States and a resident 8-1 of this state for the 30 months immediately preceding appointment; 8-2 (2) have engaged in the field of art therapy for at 8-3 least 24 months or 2,000 hours; 8-4 (3) be licensed under this Act; and 8-5 (4) be appointed in accordance with Section 4 of this 8-6 Act. 8-7 (b) To be qualified for appointment as a member who is a 8-8 representative of the general public, a person must: 8-9 (1) be a citizen of the United States and a resident 8-10 of this state for the 30 months immediately preceding appointment; 8-11 (2) be at least 21 years old; and 8-12 (3) meet the requirements of Subsection (e) of this 8-13 section. 8-14 (c) It is a ground for removal from the board if a member: 8-15 (1) does not have at the time of appointment the 8-16 qualifications required by subsection (a) or (b) of this section, 8-17 as appropriate, for appointment to the board; 8-18 (2) does not maintain during the service on the board 8-19 the qualifications required by Subsection (a) or (b) of this 8-20 section, as appropriate, for appointment to the board; 8-21 (3) violates a prohibition established by Subsection 8-22 (e) of this section if the member is a public member of subsection 8-23 (e) of Section 4 of this Act; 8-24 (4) cannot discharge the member's duties for a 8-25 substantial part of the term for which the member is appointed 9-1 because of illness or disability; or 9-2 (5) is absent for more than half of the regularly 9-3 scheduled board meetings that a member is eligible to attend during 9-4 a calendar year unless the absence is excused by majority vote of 9-5 the board. 9-6 (d) The validity of an action of the board is not affected 9-7 by the fact that it was taken when a ground for removal of a member 9-8 of the board existed. 9-9 (e) A person is not eligible for appointment as a public 9-10 member of the board if the person or the person's spouse: 9-11 (1) is registered, certified or licensed by an 9-12 occupational regulatory agency in the field of health care; 9-13 (2) is employed by or participates in the management 9-14 of a business entity or other organization receiving funds from the 9-15 board; 9-16 (3) owns or controls, directly or indirectly, more 9-17 than 10 percent interest in a business entity or other organization 9-18 receiving funds from the board; or 9-19 (4) uses or receives a substantial amount of funds 9-20 from the board, other than compensation or reimbursement authorized 9-21 by law for board membership, attendance, or expenses. 9-22 (f) If the executive secretary has knowledge that a 9-23 potential ground for removal exists, the executive secretary shall 9-24 notify the governor and the attorney general that a potential 9-25 ground for removal exists. 10-1 SECTION 6. BOARD RESPONSIBILITIES. (a) The governor shall 10-2 designate one member of the board as the chairman of the board to 10-3 serve in that capacity at the pleasure of the governor. The board 10-4 shall elect a vice-chairman who shall hold office according to the 10-5 rules adopted by the board. 10-6 (b) The board shall hold at least two regular meetings each 10-7 year as provided by rules adopted by the board. Five members 10-8 constitute a quorum. 10-9 (c) The board may delegate functions and activities required 10-10 by this Act to individuals and committees on a permanent or 10-11 temporary basis if a quorum of the board agrees to the delegation 10-12 and if the delegates clearly possess the professional and personal 10-13 qualifications to act as delegates of the board. 10-14 (d) The board shall investigate and dispose of complaints as 10-15 provided by Section 14B of this Act. 10-16 (e) The board shall: 10-17 (1) determine the qualifications and fitness of 10-18 applicants for licenses, renewal of licenses, and provisional 10-19 licenses; 10-20 (2) adopt and revise rules not inconsistent with the 10-21 law of this state that are necessary to administer this Act. 10-22 However, the board may not adopt rules restricting competitive 10-23 bidding or advertising by licensees except to prohibit false, 10-24 misleading, or deceptive practices. The board may not include in 10-25 its rules to prohibit false, misleading, or deceptive practices by 11-1 licensees a rule that:) 11-2 (A) restricts a licensee's use of any medium for 11-3 advertising; 11-4 (B) restricts a licensee's personal appearance 11-5 or the use of the person's personal voice in an advertisement; 11-6 (C) relates to the size or duration of an 11-7 advertisement by a licensee; or 11-8 (D) restricts a licensee's advertisement under a 11-9 trade name; 11-10 (3) adopt and publish a code of ethics and adopt an 11-11 official seal; 11-12 (4) examine for, deny, approve, issue, revoke, 11-13 suspend, on an emergency basis, place on probation, and renew the 11-14 license of art therapists applicants and licensees under this Act; 11-15 (5) establish a mandatory continuing education program 11-16 for licensees; 11-17 (6) conduct hearings on the rules adopted under this 11-18 Act, notify the appropriate prosecuting attorney of an alleged 11-19 offense committed under this Act, and seek an injunction for a 11-20 violation of this Act; 11-21 (7) set fees for the board's services in amounts that 11-22 are sufficient to meet the expenses of administering this Act; 11-23 (8) request and receive the assistance of state 11-24 educational institutions or other state agencies; 11-25 (9) prepare and disseminate consumer information, 12-1 including describing the regulatory functions of the board and 12-2 describing the board's procedures by which consumer complaints are 12-3 filed with and resolved by the board. The board shall make the 12-4 information available to the general public and appropriate state 12-5 agencies; and 12-6 (10) by rule adopt a list of authorized counseling 12-7 methods or practices that a licensee may undertake or perform. 12-8 SECTION 6A. Public Complaints; Toll-Free Telephone Service. 12-9 (a) The board by rule shall establish methods by which consumers 12-10 and service recipients are notified of the name, mailing address, 12-11 and telephone number of the board for the purpose of directing 12-12 complaints to the board. The board may provide for that 12-13 notification: 12-14 (1) on each registration form, application, or written 12-15 contract for services of an individual or entity regulated under 12-16 this Act; 12-17 (2) on a sign prominently displayed in the place of 12-18 business of each individual or entity regulated under this Act; or 12-19 (3) in a bill for service provided by an individual or 12-20 entity regulated under this Act. 12-21 (b) The board shall list along with its regular telephone 12-22 number the toll-free telephone number that may be called to present 12-23 a complaint about a health professional if the toll-free number is 12-24 established under other state law. 12-25 SECTION 6B. Public Participation in Board Hearings. The 13-1 board shall develop and implement policies that provide the public 13-2 with a reasonable opportunity to appear before the board and to 13-3 speak on any issue under the jurisdiction of the board. 13-4 SECTION 6C. PROGRAM ACCESSIBILITY. The board shall prepare 13-5 and maintain a written plan that describes how a person who does 13-6 not speak English can be provided reasonable access to the board's 13-7 programs. The board shall also comply with federal and state laws 13-8 for program and facility accessibility. 13-9 SECTION 6D. TRAINING; STANDARDS OF CONDUCT INFORMATION. (a) 13-10 Each board member shall comply with the board member training 13-11 requirements established by any other state agency that is given 13-12 authority to establish the requirements for the board. 13-13 (b) The board shall provide to its members and employees, as 13-14 often as necessary, information regarding their qualifications for 13-15 office or employment under this Act and their responsibilities 13-16 under applicable laws relating to standards of conduct for state 13-17 officers or employees. 13-18 (c) The board shall develop and implement policies that 13-19 clearly define the respective responsibilities of the board and the 13-20 staff of the board. 13-21 SECTION 6E. TRAINING AND GUIDELINES FOR MEMBERS OF THE 13-22 BOARD. (a) The board shall establish a training program for the 13-23 members of the board. 13-24 (b) Before a member of a board may assume the member's 13-25 duties and before the member may be confirmed by the senate, the 14-1 member must complete at least one course of the training program 14-2 established under this section. 14-3 (c) A training program established under this section shall 14-4 provide information to a participant regarding: 14-5 (1) the enabling legislation that created the board; 14-6 (2) the programs operated by the board; 14-7 (3) the role and functions of the board; 14-8 (4) the rules of the board with an emphasis on the 14-9 rules that relate to disciplinary and investigatory authority; 14-10 (5) the current budget for the board; 14-11 (6) the results of the most recent formal audit of the 14-12 board; 14-13 (7) the requirements of the: 14-14 (A) open meetings law, Chapter 271, Acts of the 14-15 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's 14-16 Texas Civil Statutes), and its subsequent amendments; 14-17 (B) open records law, Chapter 424, Acts of the 14-18 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's 14-19 Texas Civil Statutes), and its subsequent amendments; and 14-20 (C) Administrative Procedure and Texas Register 14-21 Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its 14-22 subsequent amendments; 14-23 (8) the requirements of the conflict of interest laws 14-24 and other laws relating to public officials; and 14-25 (9) any applicable ethics policies adopted by the 15-1 board of the Texas Ethics Commission. 15-2 (d) In developing the training requirements provided for in 15-3 this section, the board shall consult with the governor's office, 15-4 the attorney general's office, and the Texas Ethics Commission. 15-5 (e) In the event that another state agency or entity is 15-6 given the authority to establish the training requirements, the 15-7 board shall allow that training in lieu of developing its own 15-8 program. 15-9 SECTION 7. REIMBURSEMENT OF BOARD EXPENSES. A member of 15-10 the board is entitled to a per diem as set by the General 15-11 Appropriations Act for each day that the member engages in the 15-12 business of the board. A member may receive compensation for 15-13 expenses as provided by the General Appropriations Act. 15-14 SECTION 8. Board Personnel. (a) The executive secretary 15-15 must be an employee of the department. The Commissioner of Health, 15-16 with the advice and consent of the board, shall designate an 15-17 employee to serve as executive secretary of the board. The 15-18 executive secretary shall be the administrator of professional art 15-19 therapist licensing activities for the board. In addition to his 15-20 other duties prescribed by this Act and by the department, the 15-21 executive secretary shall: 15-22 (1) keep full and accurate minutes of the transactions 15-23 and proceedings of the board; 15-24 (2) be the custodian of the files and records of the 15-25 board; 16-1 (3) prepare and recommend to the board plans and 16-2 procedures necessary to implement the purposes and objectives of 16-3 this Act, including rules and proposals on administrative 16-4 procedures not inconsistent with this Act; 16-5 (4) exercise general supervision over persons employed 16-6 by the department in the administration of this Act; 16-7 (5) be responsible for the investigation of complaints 16-8 and for the presentation of formal complaints; 16-9 (6) attend all meetings of the board, but the 16-10 executive secretary is not entitled to vote at board meetings; and 16-11 (7) handle or arrange for the handling of the 16-12 correspondence of the board, make or arrange for necessary 16-13 inspections and investigations, and obtain, assemble, or prepare 16-14 the reports and information that the board may direct or authorize. 16-15 (b) The board shall develop and implement policies that 16-16 clearly define the respective responsibilities of the board and the 16-17 staff of the board. 16-18 (c) The basic personnel and necessary facilities that are 16-19 required to administer this Act shall be the personnel and 16-20 facilities of the department acting as the agents of the board. 16-21 The department may secure by agreement services that it considers 16-22 necessary and provide for the compensation for these services and 16-23 may employ and compensate, within appropriations available, the 16-24 professional consultants, technical assistants, and employees on a 16-25 full- or part-time basis necessary to administer this Act. 17-1 SECTION 9 Art Therapist Qualifications. (a) A person is a 17-2 qualified art therapist applicant if the person: 17-3 (1) is at least 21 years old; 17-4 (2) has submitted an application as required by the 17-5 board, accompanied by the fee set by the board; the board may 17-6 require that the statements on the application be made under oath; 17-7 (3) has demonstrated professional competency by 17-8 satisfactorily passing an examination as prescribed by the board; 17-9 (4) holds either: 17-10 (A) a master's or doctoral degree in art therapy 17-11 that includes 600 hours of supervised internship experience from an 17-12 accredited institution except that on or after September 1, 1996, 17-13 applicants must have 700 hours of supervised internship experience 17-14 from an accredited institution; 17-15 (B) a master's degree in a counseling related 17-16 field and has a minimum of 21 semester hours of sequential course 17-17 work in the history, theory, and practice of art therapy and has 17-18 completed 600 hours of supervised internship experience from an 17-19 accredited institution except that on or after September 1, 1996, 17-20 applicants must complete 700 hours of supervised internship 17-21 experience from an accredited institution; 17-22 (5) has completed 1,000 client contact hours of 17-23 postgraduate experience under supervision of a psychiatrist, 17-24 psychologist, social worker, licensed professional counsellor, or 17-25 nationally registered art therapist, beyond the requirements in 18-1 Subdivision (4)(A) of this subsection; except that on or after 18-2 September 1, 1996 applicants must complete 1,000 client contact 18-3 hours of postgraduate experience under supervision of a licensed 18-4 art therapist beyond the requirements in Subdivision (4)(A) of this 18-5 subsection; or 2,000 client contact hours of postgraduate 18-6 experience under supervision of a psychiatrist, psychologist, 18-7 social worker, licensed professional counsellor, or nationally 18-8 registered art therapist beyond the requirements in Subdivision 18-9 (4)(B) of this subsection, except that on or after September 1, 18-10 1996 applicants must complete 2,000 client contact hours of 18-11 postgraduate experience under supervision of a licensed art 18-12 therapist beyond the requirements in Subdivision (4)(B) of this 18-13 subsection; 18-14 (A) The board may approve on a case-by-case 18-15 basis applicants who have a master's degree or a doctoral degree 18-16 from nonaccredited institutions. 18-17 SECTION 10. Application Review. After investigation of the 18-18 application and other evidence submitted, the board shall, no later 18-19 than the 30th day before the examination date, notify each 18-20 applicant that the application and evidence submitted are 18-21 satisfactory and accepted or unsatisfactory and rejected. If 18-22 rejected, the notice shall state the reasons for the rejection. 18-23 SECTION 11. ART THERAPIST EXAMINATION. (a) An applicant 18-24 who has met the requirements for licensure shall be scheduled for 18-25 the next appropriate examination following the approval of the 19-1 application. 19-2 (b) The board shall establish by rule the examination 19-3 application deadline and the requirements for reexamination if the 19-4 applicant has failed the examination. 19-5 (c) The examination shall cover subjects appropriate to the 19-6 scope of practice as a professional art therapist. 19-7 (d) The board shall grade the examination and recommend to 19-8 the chairman action to be taken. To ensure impartiality, written 19-9 examination documents shall be identified by number, and no paper 19-10 may be marked with the name of an applicant but shall be 19-11 anonymously graded by the board. The board shall have the written 19-12 portion of the examination, if any, validated under the direction 19-13 of a testing professional. In the event an applicant fails to 19-14 receive a passing grade on the entire examination, he may reapply 19-15 and shall be allowed to take a subsequent examination. An 19-16 applicant who has failed two successive examinations may not 19-17 reapply until two years have elapsed from the date of the last 19-18 examination or he has satisfactorily completed nine graduate 19-19 semester hours in the applicant's weakest portion of the 19-20 examination. 19-21 (e) Not later than the 30th day after the day a licensing 19-22 examination is administered under this Act, the board shall notify 19-23 each examinee of the results of the examination. However, if an 19-24 examination is graded or reviewed by a national testing service, 19-25 the board shall notify each examinee of the results of examination 20-1 not later than the 14th day after the day the board receives the 20-2 results from the testing service. If the notice of the examination 20-3 results graded or reviewed by the national testing service will be 20-4 delayed for more than 90 days after the examination date, the board 20-5 shall notify the examinee of the reason for the delay before the 20-6 90th day. 20-7 (f) If requested in writing by a person who fails the 20-8 examination for a license, the board shall furnish to the person an 20-9 analysis of the person's performance on the examination. 20-10 SECTION 12. LICENSES AND RENEWAL OF LICENSES. (a) A 20-11 license certificate issued by the board is the property of the 20-12 board and must be surrendered on demand. 20-13 (b) The licensee shall display the license certificate in an 20-14 appropriate and public manner. 20-15 (c) The licensee shall inform the board of his current 20-16 address at all times. 20-17 (d) Each year the board shall prepare a registry of licensed 20-18 professional art therapists. The registry shall be made available 20-19 to the licensees, other state agencies, and the general public on 20-20 request. 20-21 (e) The license may be renewed annually if the licensee is 20-22 not in violation of this Act at the time of application for renewal 20-23 and if the applicant fulfills current requirements of continuing 20-24 education as established by the board. 20-25 (f) The board by rule shall establish a minimum number of 21-1 hours of continuing education required to renew a license under 21-2 this Act. The board may assess the continuing education needs of 21-3 licenses and may require licensees to attend continuing education 21-4 courses specified by the board. The board by rule shall develop a 21-5 process to evaluate and approve continuing education courses. 21-6 (g) The board shall identify the key factors for the 21-7 competent performance by a licensee of the licensee's professional 21-8 duties. The board shall implement a procedure to assess a 21-9 licensee's participation in continuing education programs. 21-10 (h) Each person licensed under this Act is responsible for 21-11 renewing his license before the expiration date. 21-12 (i) The board shall adopt a system under which licenses 21-13 expire on various dates during the year. For the year in which the 21-14 initial license is issued, license fees payable on the date of 21-15 issuance shall be prorated on a monthly basis so that each licensee 21-16 shall pay only that portion of the license fee that is applicable 21-17 to the number of months during which the license is valid. On 21-18 renewal of the license, the total license fee is payable. 21-19 (j) A person may renew an unexpired license by paying to the 21-20 board before the expiration of the license the required renewal 21-21 fee. 21-22 (k) If a person's license has been expired for 90 days or 21-23 less, the person may renew the license by paying to the board the 21-24 required renewal fee and a fee that is one-half of the examination 21-25 fee for the license. 22-1 (l) If a person's license has been expired for 90 days But 22-2 less than one year because of the person's failure to pay the 22-3 renewal fee or failure to meet continuing education requirements, 22-4 the person may renew the license by paying to the board all unpaid 22-5 renewal fees and a fee that is equal to the examination fee for the 22-6 license and providing the board with proof of completing the 22-7 required continuing education. 22-8 (m) If a person's license has been expired for one year or 22-9 longer, the person may not renew the license. The person may 22-10 obtain a new license by complying with the requirements and 22-11 procedures for obtaining an original license. However, the board 22-12 may renew without reexamination an expired license of a person who 22-13 was licensed in this state, moved to another state, and is 22-14 currently licensed and has been in practice in the other state for 22-15 the two years preceding application. The person must pay to the 22-16 board a fee that is equal to the examination fee for the license. 22-17 (n) At least 30 days before the expiration of a person's 22-18 license, the board shall send written notice of the impending 22-19 license expiration to the person at the licensee's last known 22-20 address according to the records of the board. 22-21 (o) A licensee may request that the licensee's license be 22-22 declared inactive. The licensee then foregoes the licensing 22-23 rights granted under this Act but is relieved of renewal fees and 22-24 penalty fees. The license shall be declared active on the payment 22-25 of a license fee if the applicant is not in violation of this Act 23-1 at the time of application for reactivation of the license and if 23-2 the applicant fulfills current requirements applicable to all 23-3 inactive licensees as provided by the rules adopted by the board. 23-4 (p) The board by rule may provide for the issuance of a 23-5 temporary license. Rules adopted under this subsection shall 23-6 include a time limit for a temporary license. 23-7 (q) The board by rule may adopt a system under which a 23-8 temporary license may be issued to individuals who have met all of 23-9 the academic requirements for licensing and who have entered into a 23-10 supervisory agreement with a supervisor approved by the board. 23-11 (r) The board by rule may adopt a system for placing a 23-12 licensee on retirement status. 23-13 SECTION 13. LICENSE REQUIRED PENALTY. (a) Unless the 23-14 person is exempt under Section 3 of this Act, a person may not 23-15 engage on or after January 1, 1997 in the practice of art therapy 23-16 without a license issued under this Act. 23-17 (b) A person commits an offense if the person knowingly or 23-18 intentionally: 23-19 (1) engages in the practice art therapy without 23-20 holding a license issued under this Act 23-21 (2) engages in the practice art therapy after the 23-22 person's license under this Act has expired 23-23 (3) represents the person by the title "Licensed 23-24 Professional Art Therapist" without being licensed under this Act 23-25 or 24-1 (4) makes use of any title, words, letters, or 24-2 abbreviation that imply that the person is licensed under this Act 24-3 if the person is not licensed under this Act. 24-4 (c) An offense under Subsection (b) of this section is a 24-5 Class B misdemeanor. 24-6 (Refer to Sec. 21 under Historical and Statutory Notes for 24-7 additional information concerning this section.) 24-8 SECTION 14. DISCIPLINARY ACTIONS. (a) The board shall 24-9 revoke, suspend, suspend on an emergency basis, or refuse to renew 24-10 the license of a licensee, place on probation a licensee whose 24-11 license has been suspended, or reprimand a licensee if the 24-12 licensee: 24-13 (1) has committed an act in violation of Section 24-14 21.14, Penal Code, or for which liability exists under Chapter 81, 24-15 Civil Practice and Remedies Code 24-16 (2) has violated this Act or a rule or code of ethics 24-17 adopted by the board 24-18 Text of subsec (a)(3) as redesignated by Acts 24-19 1993, 73rd Leg., ch. 573, Sec. 2.06. 24-20 (3) is legally committed to an institution because of 24-21 mental incompetence from any cause or 24-22 Text of subsec. (a)(3) as added by Acts 1993, 24-23 73rd Leg., ch. 581, Sec. 14. 24-24 (4) offers to pay or agrees to accept any 24-25 remuneration, directly or indirectly, to or from any person or 25-1 entity for securing or soliciting a patient or patronage. 25-2 (b) If a licensee suspension is probated, the board may 25-3 require the licensee to: 25-4 (1) report regularly to the board on matters that are 25-5 the basis of the probation; 25-6 (2) limit practice to the areas prescribed by the 25-7 board or 25-8 (3) continue or review continuing professional 25-9 education until the licensee attains a degree of skill satisfactory 25-10 to the board in those areas that are the basis of the probation. 25-11 (c) A licensee is entitled to a hearing conducted by the 25-12 State Office of Administrative Hearings before a sanction is 25-13 imposed under this section. 25-14 (d) The board by rule shall adopt a broad schedule of 25-15 sanctions for violations under this Act. The State Office of 25-16 Administrative Hearings shall use the schedule for any sanction 25-17 imposed as the result of a hearing conducted by that office. 25-18 (e) Proceedings for revocation or suspension of a license 25-19 and appeals from those proceedings are governed by the 25-20 Administrative Procedure and Texas Register Act, as amended 25-21 (Article 6252-13a, Vernon's Texas Civil Statutes). 25-22 SECTION 14A. TEMPORARY SUSPENSION OF LICENSE. If the 25-23 majority of the board or a three-member committee of board members 25-24 designated by the board determines from the evidence or information 25-25 presented to it that a licensee by continuation in practice would 26-1 constitute continuing and imminent threat to the public welfare, 26-2 the board or the three-member committee shall temporarily suspend 26-3 the license of the licensee. The license may be suspended under 26-4 this section without notice or hearing on the complaint, provided 26-5 institution of proceedings for a hearing before the State office of 26-6 Administrative Hearings is initiated simultaneously with the 26-7 temporary suspension and provided that a hearing is held as soon as 26-8 can be accomplished under this chapter and the Administrative 26-9 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas 26-10 Civil Statutes) and its subsequent amendments. The State Office of 26-11 Administrative Hearings shall hold a preliminary hearing not later 26-12 than the 14th day after the date of the temporary suspension to 26-13 determine if probable cause exists that a continuing and imminent 26-14 threat to the public welfare still exists. a final hearing on the 26-15 matter shall be held not later than the 61st day after the date of 26-16 temporary suspension. 26-17 SECTION 14B. COMPLAINT PROCEDURE IN GENERAL. (a) The board 26-18 shall keep an information file about each complaint filed with the 26-19 board. The board's information file shall be kept current and 26-20 contain a record for each complaint of: 26-21 (1) all persons contacted in relation to the complaint 26-22 (2) a summary of findings made at each step of the 26-23 complaint process 26-24 (3) an explanation of the legal basis and reason for a 26-25 complaint that is dismissed; and 27-1 (4) other relevant information. 27-2 (b) If a written complaint is filed with the board that the 27-3 board has authority to resolve, the board, at least as frequently 27-4 as quarterly and until final disposition of the complaint, shall 27-5 notify the parties to the complaint of the status of the complaint 27-6 unless the notice would jeopardize an undercover investigation. 27-7 (c) The board by rule shall adopt a form to standardize 27-8 information concerning complaints made to the board. The board by 27-9 rule shall prescribe information to be provided to a person who 27-10 wishes to file a complaint with the board. 27-11 (d) The board shall provide reasonable assistance to a 27-12 person who wishes to file a complaint with the board. 27-13 SECTION 14C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) 27-14 The board shall adopt rules concerning the investigation of a 27-15 complaint filed with the board. The rules adopted under this 27-16 subsection shall: 27-17 (1) distinguish between categories of complaints 27-18 (2) ensure that complaints are not dismissed without 27-19 appropriate consideration 27-20 (3) require that the board be advised of a complaint 27-21 that is dismissed and that a letter be sent to the person who filed 27-22 the complaint explaining the action taken on the dismissed 27-23 complaint; 27-24 (4) ensure that the person who filed the complaint has 27-25 an opportunity to explain the allegations made in the complaint; 28-1 and 28-2 (5) prescribe guidelines concerning the categories of 28-3 complaints that require the use of a private investigator and the 28-4 procedures for the board to obtain the services of a private 28-5 investigator. 28-6 (b) The board shall dispose of all complaints in a timely 28-7 manner. The board shall establish a schedule for conducting each 28-8 phase of a complaint that is under the control of the board not 28-9 later than the 30th day after the date the complaint is received by 28-10 the board. The schedule shall be kept in the information file for 28-11 the complaint and all parties shall be notified of the projected 28-12 time requirements for pursuing the complaint. A change in the 28-13 schedule must be noted in the complaint information file and all 28-14 parties to the complaint must be notified not later than the 28-15 seventh day after the date the change is made. 28-16 (c) The executive secretary of the board shall notify the 28-17 board of a complaint that extends beyond the time prescribed by the 28-18 board for resolving the complaint. 28-19 SECTION 14D. INFORMAL PROCEEDINGS. (a) The board by rule 28-20 shall adopt procedures governing: 28-21 (1) informal disposition of a contested case under 28-22 Section 13(e), Administrative Procedure and Texas Register Act 28-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its 28-24 subsequent amendments; and 28-25 (2) informal proceedings held in compliance with 29-1 Section 18(c), Administrative Procedure and Texas Register Act 29-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its 29-3 subsequent amendments. 29-4 (3) Rules adopted under this section must provide the 29-5 complainant and the licensee an opportunity to be heard and must 29-6 require the presence of a representative of the department's legal 29-7 staff or the attorney general's office to advise the board or 29-8 board's employees. 29-9 SECTION 14E. MONITORING OF LICENSES. The board by rule 29-10 shall develop a system for monitoring licensees' compliance with 29-11 the requirements of this Act. Rules adopted under this section 29-12 shall include procedures for monitoring a licensee who is ordered 29-13 by the board to perform certain acts to ascertain that the licensee 29-14 performs the required acts and to identify and monitor licensees 29-15 who represent a risk to the public. 29-16 SECTION 15. POWER TO SUE. The board or the department may 29-17 institute a suit in its own name to enjoin the violation of this 29-18 Act. The suit is in addition to any other action, proceeding, or 29-19 remedy authorized by law. The board shall be represented by the 29-20 attorney general or the appropriate county or district attorney. 29-21 SECTION 16. ENDORSEMENT. (a) The board may grant, on 29-22 application and payment of fees, a provisional license to a person 29-23 who at the time of application holds a valid license or certificate 29-24 as an art therapist issued by another state or any political 29-25 territory or jurisdiction acceptable to the board. An applicant 30-1 for a provisional license under this section must: 30-2 (1) be licensed and in good standing as an art 30-3 therapist in another state, territory or jurisdiction that has 30-4 licensing requirements that are substantially equivalent to the 30-5 requirements of this Act; 30-6 (2) have passed a national or other examination 30-7 recognized by the board relating to counseling or art therapy and 30-8 (3) be sponsored by a person licensed by the board 30-9 under this Act with whom the provisional licensee may practice 30-10 under this section. 30-11 (b) An applicant for a provisional license may be excused 30-12 from the requirement of Subsection (a)(3) of this section if the 30-13 board determines that compliance with that subsection constitutes a 30-14 hardship to the applicant. 30-15 (c) A provisional license is valid until the date the board 30-16 approves or denies the provision licensee's application for a 30-17 license. The board shall issue a license under this Act to the 30-18 holder of a provisional license under this section if: 30-19 (1) the provisional licensee passes the examination 30-20 required by Section 11 of this Act 30-21 (2) the board verifies that the provisional licensee 30-22 has the academic and experience requirements for a license under 30-23 this Act and 30-24 (3) the provisional licensee satisfies any other 30-25 license requirements under this Act. 31-1 (d) The board must complete the processing of a provisional 31-2 licensee's application for a license not later than the 180th day 31-3 after the date the provisional license is issued or at the time 31-4 licenses are issued following the successful completion of the 31-5 examination, whichever is later. 31-6 SECTION 17. REVENUE, RECEIPTS AND DISBURSEMENTS. (a) All 31-7 money paid to the department under this Act shall be deposited in 31-8 the State Treasury to the credit of a special fund to be known as 31-9 the professional art therapists licensing fund and may be used only 31-10 for the administration of this Act. 31-11 (b) The board by rule shall establish reasonable and 31-12 necessary fees to so that the fees, in the aggregate, produce 31-13 sufficient revenue to meet the expenses of administering this Act 31-14 without accumulating unnecessary surpluses. 31-15 (c) The fees set by the board may be adjusted so that the 31-16 total fees collected are sufficient to meet the expenses of 31-17 administering this Act. The board shall establish a standard fee 31-18 applicable to all licenses. The board may not set a fee for an 31-19 amount less than the amount of that fee on September 1, 1995. 31-20 SECTION 18 ANNUAL REPORT. Not later than the 90th day after 31-21 the last day of each state fiscal year, the board shall submit to 31-22 the governor, lieutenant governor, and speaker of the house a 31-23 report about the activities of the board during the preceding 31-24 fiscal year. 31-25 SECTION 19. SUNSET PROVISION. The Texas State Board of 32-1 Licensed Professional Art Therapists is subject to Chapter 325, 32-2 Government Code (Texas Sunset Act). Unless the board is continued 32-3 in existence as provided by that chapter, the board is abolished 32-4 September 1, 2005. 32-5 SECTION 20. EMERGENCY. The importance of this legislation 32-6 and the crowded condition of the calendars in both houses create an 32-7 emergency and an imperative public necessity that the 32-8 constitutional rule requiring bills to be read on three separate 32-9 days in each house be suspended, and this rule is hereby suspended.