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.