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.