By Jones of Dallas, Coleman, Tillery                  H.B. No. 2671
       74R6795 JMM-F
                                 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;  providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 2, Licensed Professional Counselor Act
    1-6  (Article 4512g, Vernon's Texas Civil Statutes), is amended by
    1-7  adding Subdivisions (8) and (9) to read as follows:
    1-8              (8)  "Practice of art therapy" means the rendering of
    1-9  services to individuals, families, or groups involving the use of
   1-10  art media as a means of expression and communication to promote
   1-11  perceptive, intuitive, affective, and expressive experiences that
   1-12  alleviate distress, reduce physical, emotional, behavioral, and
   1-13  social impairment and lead to the growth or reintegration of a
   1-14  person's personality.  Art therapy services include diagnostic
   1-15  evaluation, development of patient treatment plans, goals and
   1-16  objectives, case management services, and therapeutic treatment.
   1-17              (9)  "Professional art therapist" means an individual
   1-18  who engages in the practice of art therapy.
   1-19        SECTION 2.   Section 8(a), Licensed Professional Counselor
   1-20  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
   1-21  read as follows:
   1-22        (a)  The executive secretary must be an employee of the
   1-23  department.  The Commissioner of Health, with the advice and
   1-24  consent of the board, shall designate an employee to serve as
    2-1  executive secretary of the board.  The executive secretary shall be
    2-2  the administrator of professional counselor licensing and
    2-3  professional art therapist licensing activities for the board.  In
    2-4  addition to his other duties prescribed by this Act and by the
    2-5  department, the executive secretary shall:
    2-6              (1)  keep full and accurate minutes of the transactions
    2-7  and proceedings of the board;
    2-8              (2)  be the custodian of the files and records of the
    2-9  board;
   2-10              (3)  prepare and recommend to the board plans and
   2-11  procedures necessary to implement the purposes and objectives of
   2-12  this Act, including rules and proposals on administrative
   2-13  procedures not inconsistent with this Act;
   2-14              (4)  exercise general supervision over persons employed
   2-15  by the department in the administration of this Act;
   2-16              (5)  be responsible for the investigation of complaints
   2-17  and for the presentation of formal complaints;
   2-18              (6)  attend all meetings of the board, but the
   2-19  executive secretary is not entitled to vote at board meetings; and
   2-20              (7)  handle or arrange for the handling of the
   2-21  correspondence of the board, make or arrange for necessary
   2-22  inspections and investigations, and obtain, assemble, or prepare
   2-23  the reports and information that the board may direct or authorize.
   2-24        SECTION 3.   Section 10, Licensed Professional Counselor Act
   2-25  (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
   2-26  as follows:
   2-27        Sec. 10.  APPLICANT QUALIFICATIONS FOR PROFESSIONAL COUNSELOR
    3-1  LICENSE.  A person is a qualified applicant for licensing as a
    3-2  professional counselor if the person:
    3-3              (1)  is at least 18 years old;
    3-4              (2)  has submitted an application as required by the
    3-5  board, accompanied by the application fee set by the board; the
    3-6  board may require that the statements on the application be made
    3-7  under oath;
    3-8              (3)  has a master's or doctorate degree in counseling
    3-9  or a related field;
   3-10              (4)  has successfully completed a graduate degree at a
   3-11  regionally accredited institution of higher education and a planned
   3-12  graduate program of 48 graduate semester hours or the substantial
   3-13  equivalent, including 300 clock hours of supervised practicum that
   3-14  is primarily counseling in nature and that meets the specific
   3-15  academic course content and training standards established by the
   3-16  board.  The board shall review and consider the standards as
   3-17  developed by the appropriate professional association;
   3-18              (5)  has completed 24 months or 2,000 hours of
   3-19  supervised experience working in a counseling setting that meets
   3-20  the requirements established by the board after the completion of
   3-21  the 48 graduate semester hour or equivalent graduate program;
   3-22              (6)  has successfully completed the examination
   3-23  required under this Act; and
   3-24              (7)  has met the requirements prescribed by the board.
   3-25        SECTION 4.   The Licensed Professional Counselor Act (Article
   3-26  4512g, Vernon's Texas Civil Statutes) is amended by adding Section
   3-27  10A to read as follows:
    4-1        Sec. 10A.  PROFESSIONAL ART THERAPIST LICENSE.  (a)  The
    4-2  board shall issue a license as a professional art therapist to a
    4-3  person who files a completed application accompanied by the
    4-4  required fees and who submits satisfactory evidence that the
    4-5  applicant:
    4-6              (1)  is at least 18 years of age;
    4-7              (2)  has demonstrated professional competency by
    4-8  satisfactorily passing an examination prescribed by the board under
    4-9  Section 12 of this Act;
   4-10              (3)  holds either:
   4-11                    (A)  a master's or doctoral degree in art therapy
   4-12  that includes 700 hours of supervised internship experience from an
   4-13  accredited institution; or
   4-14                    (B)  a master's degree in a counseling-related
   4-15  field and has a minimum of 21 semester hours of sequential course
   4-16  work in the history, theory, and practice of art therapy and has
   4-17  completed 700 hours of supervised internship experience from an
   4-18  accredited institution; and
   4-19              (4)  has completed:
   4-20                    (A)  1,000 client contact hours of postgraduate
   4-21  experience under appropriate supervision beyond the requirements in
   4-22  Subdivision (3)(A) of this subsection;  or
   4-23                    (B)  2,000 client contact hours of postgraduate
   4-24  experience under appropriate supervision beyond the requirements in
   4-25  Subdivision (3)(B) of this subsection.
   4-26        (b)  Supervision under Subsection (a)(4) of this section must
   4-27  be under a nationally registered art therapist for at least 50
    5-1  percent of the working hours.
    5-2        (c)  The board may approve on a case-by-case basis applicants
    5-3  who hold a master's degree or a doctoral degree conferred by a
    5-4  nonaccredited institution.
    5-5        SECTION 5.   Section 12, Licensed Professional Counselor Act
    5-6  (Article 4512g, Vernon's Texas Civil Statutes), is amended by
    5-7  adding Subsection (e) to read as follows:
    5-8        (e)  The board shall administer a separate examination under
    5-9  this section appropriate for an applicant for licensing as a
   5-10  professional art therapist under this Act.  The board by rule may
   5-11  adopt a national art therapy examination for the purposes of this
   5-12  section.
   5-13        SECTION 6.   Section 14(d), Licensed Professional Counselor
   5-14  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
   5-15  read as follows:
   5-16        (d)  Each year the board shall prepare a registry of licensed
   5-17  professional counselors and professional art therapists. The
   5-18  registry shall be made available to the licensees, other state
   5-19  agencies, and the general public on request.
   5-20        SECTION 7.   Sections 15(a) and (b), Licensed Professional
   5-21  Counselor Act (Article 4512g, Vernon's Texas Civil Statutes), are
   5-22  amended to read as follows:
   5-23        (a)  Unless the person is exempt under Section 3 of this Act,
   5-24  a person may not engage <on or after January 1, 1994,> in the
   5-25  practice of counseling or the practice of art therapy without the
   5-26  appropriate <a> license issued under this Act.
   5-27        (b)  A person commits an offense if the person knowingly or
    6-1  intentionally:
    6-2              (1)  engages in the practice of counseling or the
    6-3  practice of art therapy without holding an appropriate <a> license
    6-4  issued under this Act;
    6-5              (2)  engages in the practice of counseling or the
    6-6  practice of art therapy after the person's license under this Act
    6-7  has expired;
    6-8              (3)  represents the person by the title "Licensed
    6-9  Professional Counselor," <or> "Licensed Counselor," "Licensed
   6-10  Professional Art Therapist," or "Licensed Art Therapist" without
   6-11  being licensed under this Act; or
   6-12              (4)  makes use of any title, words, letters, or
   6-13  abbreviations that imply that the person is licensed under this Act
   6-14  if the person is not licensed under this Act.
   6-15        SECTION 8.   Section 16(a), Licensed Professional Counselor
   6-16  Act (Article 4512g, Vernon's Texas Civil Statutes), as amended by
   6-17  Chapters 573 and 581, Acts of the 73rd Legislature, Regular
   6-18  Session, 1993, is amended to read as follows:
   6-19        (a)  The board shall revoke, suspend, suspend on an emergency
   6-20  basis, or refuse to renew the license of a counselor or art
   6-21  therapist, place on probation a counselor or art therapist whose
   6-22  license has been suspended, or reprimand a counselor or art
   6-23  therapist if the counselor or art therapist:
   6-24              (1)  has committed an act <in violation of Section
   6-25  21.14, Penal Code, or> for which liability exists under Chapter 81,
   6-26  Civil Practice and Remedies Code;
   6-27              (2)  has violated this Act or a rule or code of ethics
    7-1  adopted by the board;
    7-2              (3)  is legally committed to an institution because of
    7-3  mental incompetence from any cause; or
    7-4              (4) <(3)>  offers to pay or agrees to accept any
    7-5  remuneration, directly or indirectly, to or from any person or
    7-6  entity for securing or soliciting a patient or patronage.
    7-7        SECTION 9.   Section 16A, Licensed Professional Counselor Act
    7-8  (Article 4512g, Vernon's Texas Civil Statutes), is amended to read
    7-9  as follows:
   7-10        Sec. 16A.  TEMPORARY SUSPENSION OF LICENSE.  If the majority
   7-11  of the board or a three-member committee of board members
   7-12  designated by the board determines from the evidence or information
   7-13  presented to it that a licensed professional counselor or licensed
   7-14  professional art therapist by continuation in practice would
   7-15  constitute a continuing and imminent threat to the public welfare,
   7-16  the board or the three-member committee shall temporarily suspend
   7-17  the license of the licensed professional counselor or licensed
   7-18  professional art therapist.  The license may be suspended under
   7-19  this section without notice or hearing on the complaint, provided
   7-20  institution of proceedings for a hearing before the State Office of
   7-21  Administrative Hearings is initiated simultaneously with the
   7-22  temporary suspension and provided that a hearing is held as soon as
   7-23  can be accomplished under this chapter and Chapter 2001, Government
   7-24  Code <the Administrative Procedure and Texas Register Act (Article
   7-25  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
   7-26  amendments>.  The State Office of Administrative Hearings shall
   7-27  hold a preliminary hearing not later than the 14th day after the
    8-1  date of the temporary suspension to determine if probable cause
    8-2  exists that a continuing and imminent threat to the public welfare
    8-3  still exists.  A final hearing on the matter shall be held not
    8-4  later than the 61st day after the date of temporary suspension.
    8-5        SECTION 10.  Section 18(a), Licensed Professional Counselor
    8-6  Act (Article 4512g, Vernon's Texas Civil Statutes), is amended to
    8-7  read as follows:
    8-8        (a)  The board may grant, on application and payment of fees,
    8-9  a provisional license to a person who at the time of application
   8-10  holds a valid license or certificate as a counselor or art
   8-11  therapist issued by another state or any political territory or
   8-12  jurisdiction acceptable to the board.  An applicant for a
   8-13  provisional license under this section must:
   8-14              (1)  be licensed in good standing as a counselor or art
   8-15  therapist in another state, territory, or jurisdiction that has
   8-16  licensing requirements that are substantially equivalent to the
   8-17  requirements of this Act;
   8-18              (2)  have passed a national or other examination
   8-19  recognized by the board relating to counseling or art therapy; and
   8-20              (3)  be sponsored by a person licensed by the board
   8-21  under this Act with whom the provisional licensee may practice
   8-22  under this section.
   8-23        SECTION 11.  (a)  Except as provided by Subsection (b) of
   8-24  this section, this Act takes effect September 1, 1995.
   8-25        (b)  The changes in law made by this Act in the enactment of
   8-26  Section 10A, Licensed Professional Counselor Act (Article 4512g,
   8-27  Vernon's Texas Civil Statutes), and in the amendment of Sections
    9-1  15(a) and (b), Licensed Professional Counselor Act (Article 4512g,
    9-2  Vernon's Texas Civil Statutes), take effect January 1, 1996.
    9-3        (c)  The Texas State Board of Examiners of Professional
    9-4  Counselors shall adopt rules under this Act not later than November
    9-5  1, 1995.
    9-6        SECTION 12.   The importance of this legislation and the
    9-7  crowded condition of the calendars in both houses create an
    9-8  emergency and an imperative public necessity that the
    9-9  constitutional rule requiring bills to be read on three several
   9-10  days in each house be suspended, and this rule is hereby suspended.