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.
    1-5        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.
    6-8  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.
  13-10  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.
  13-22  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.
  20-11  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).
  25-23  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.
  27-14  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.
   31-7  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.