1-1 By: Armbrister S.B. No. 1703 1-2 (In the Senate - Filed May 3, 1995; May 4, 1995, read first 1-3 time and referred to Committee on Health and Human Services; 1-4 May 10, 1995, rereferred to Committee on State Affairs; 1-5 May 12, 1995, reported favorably by the following vote: Yeas 11, 1-6 Nays 0; May 12, 1995, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the licensing and regulation of the practice of art 1-10 therapy; providing penalties. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. SHORT TITLE. This Act may be cited as the 1-13 Licensed Professional Art Therapist Act. 1-14 SECTION 2. POLICY STATEMENT. It is the policy of this state 1-15 that the activities of a person who provides services to the public 1-16 as a licensed art therapist and uses the title Professional 1-17 Licensed Art Therapist should be regulated to protect the health, 1-18 safety, and welfare of the public. 1-19 SECTION 3. DEFINITIONS. In this Act: 1-20 (1) "Board" means the Texas State Board of Examiners 1-21 of Licensed Art Therapists. 1-22 (2) "Department" means the Texas Department of Health. 1-23 (3) "Applicant" means an individual who seeks a 1-24 license under this Act. 1-25 (4) "Graduate semester hour" means a semester hour or 1-26 the quarter hour equivalent as defined by regional accrediting 1-27 educational associations when applied only to domestic training 1-28 programs. 1-29 (5) "Licensee" means an individual who has a valid 1-30 license issued under this Act. 1-31 (6) "Licensed professional art therapist" means a 1-32 person who has the authority to engage in the autonomous practice 1-33 of art therapy and who represents himself or herself to the public 1-34 by any title or description of services incorporating the words 1-35 "Licensed Professional Art Therapist," who offers to render 1-36 professional art therapy services to individuals, couples, 1-37 families, groups, organizations, corporations, institutions, 1-38 government agencies, or the general public for compensation, 1-39 implying that he or she is licensed and trained, experienced, or 1-40 expert in art therapy, and who holds valid license issued under 1-41 this Act to engage in the practice of art therapy. 1-42 (7) "Practice of art therapy" means the rendering, to 1-43 individuals, families, or groups, of services that use art media as 1-44 a means of expression and communication to promote perceptive, 1-45 intuitive, affective, and expressive experiences that alleviate 1-46 distress, reduce physical, emotional, behavioral, and social 1-47 impairment, and lead to growth or reintegration of one's 1-48 personality. Art therapy services include diagnostic evaluation, 1-49 development of patient treatment plans, goals, and objectives, case 1-50 management services, therapeutic treatment, and referral, but does 1-51 not include the use of projective techniques in the assessment of 1-52 personality. 1-53 (8) "Art therapy services" means those acts and 1-54 behaviors coming within the meaning of the practice of art therapy. 1-55 (9) "Referral" means evaluating and identifying needs 1-56 of a client to determine the advisability of referral to other 1-57 specialists, informing the client of such judgment, and 1-58 communicating as requested or deemed appropriate to such referral 1-59 sources. 1-60 SECTION 4. EXEMPTIONS. (a) Except as provided by 1-61 Subsection (b) of this section, this Act does not apply to: 1-62 (1) the activities and services of or use of an 1-63 official title by a person employed as an art therapist by a 1-64 federal, state, county, or municipal agency or public or private 1-65 educational institution, if the person is performing art therapy or 1-66 art therapy-related activities within the scope of his employment; 1-67 (2) the activities and services of a student, intern, 1-68 or trainee in art therapy pursuing a course of study in art therapy 2-1 in a regionally or nationally accredited institution of higher 2-2 education or training institution, if these activities and services 2-3 constitute a part of the supervised course of study and the person 2-4 is designated an "art therapy intern"; 2-5 (3) the activities and services of a nonresident 2-6 rendered not more than 30 days during any year, if the person is 2-7 authorized to perform the activities and services under the law of 2-8 the state or country of his residence; 2-9 (4) the activities and services of members of other 2-10 professions licensed or certified by the state, such as physicians, 2-11 registered nurses, psychologists, certified social workers, 2-12 licensed professional counselors, licensed marriage and family 2-13 therapists, licensed occupational therapists, licensed chemical 2-14 dependency counselors, licensed optometrists in the evaluation and 2-15 remediation of learning or behavioral disabilities associated with 2-16 or caused by a defective or abnormal condition of vision, Christian 2-17 Science practitioners who are recognized by the Church of Christ 2-18 Scientist as registered and published in the Christian Science 2-19 Journal, or other recognized religious practitioners performing 2-20 their respective services consistent with the law of the state, 2-21 their training, and any code of ethics of their professions, if 2-22 they do not represent themselves by any title or description in the 2-23 manner prescribed by Section 3 of this Act; 2-24 (5) the activities, services, titles, and descriptions 2-25 of persons licensed to practice law; 2-26 (6) the activities, services, titles, and descriptions 2-27 of persons employed as professionals or who are volunteers in the 2-28 practice of art therapy, for public and private nonprofit 2-29 organizations or charities who are accountable to the persons' 2-30 sponsoring organizations and do not use the title or hold 2-31 themselves out to be licensed art therapists; 2-32 (7) persons supervised by a physician and recognized 2-33 as physician assistants by the Texas State Board of Medical 2-34 Examiners, if the persons act strictly within their scope of 2-35 practice and do not use the titles covered by Subdivision (3), 2-36 Subsection (b), Section 19, of this Act; or 2-37 (8) persons owning, operating, or employed by a 2-38 certified career counseling service regulated under Chapter 222, 2-39 Acts of the 70th Legislature, Regular Session, 1987 (Article 2-40 5221a-8, Vernon's Texas Civil Statutes). 2-41 (b) A person otherwise exempt under this section who elects 2-42 to obtain a license under this Act is subject to this Act to the 2-43 same extent as any other licensee. 2-44 SECTION 5. NATURE AND COMPOSITION OF THE BOARD. (a) The 2-45 Texas State Board of Examiners of Licensed Professional Art 2-46 Therapists is created. 2-47 (b) The board is composed of three members appointed by the 2-48 governor with the advice and consent of the senate. 2-49 (c) Two members of the board must be licensed professional 2-50 art therapists. The governor shall appoint one citizen from the 2-51 general public. 2-52 (d) Members hold office for staggered terms of six years, 2-53 with one member's term expiring February 1 of each odd-numbered 2-54 year. In making an appointment, the governor shall specify which 2-55 member each new appointee succeeds. Before entering on the duties 2-56 of office, each member of the board shall take the constitutional 2-57 oath of office and file it with the secretary of state. 2-58 (e) An officer, employee, or paid consultant of a Texas 2-59 trade association in the field of health care may not be a member 2-60 or employee of the department that carries out the functions of the 2-61 board who is exempt from the state's position classification plan 2-62 or is compensated at or above the amount prescribed by the General 2-63 Appropriations Act for step 1, salary group 17, of the position 2-64 classification salary schedule. A person who is the spouse of an 2-65 officer, manager, or paid consultant of a Texas trade association 2-66 in the field of health care may not be a board member and may not 2-67 be an employee of the board who is exempt from the state's position 2-68 classification plan or is compensated at or above the amount 2-69 prescribed by the General Appropriations Act for step 1, salary 2-70 group 17, of the position classification salary schedule. 3-1 (f) For the purposes of this section, a Texas trade 3-2 association is a nonprofit, cooperative, and voluntarily joined 3-3 association of business or professional competitors in this state 3-4 designed to assist its members and its industry or profession in 3-5 dealing with mutual business or professional problems and in 3-6 promoting their common interest. 3-7 (g) A person may not serve as a member of the board or act 3-8 as the general counsel to the board if the person is required to 3-9 register as a lobbyist under Chapter 305, Government Code, because 3-10 of the person's activities for compensation on behalf of a 3-11 profession related to the operation of the board. 3-12 SECTION 6. BOARD MEMBER QUALIFICATIONS. (a) To be 3-13 qualified for appointment as a professional member of the board, a 3-14 person must: 3-15 (1) be a citizen of the United States and a resident 3-16 of this state for the 30 months immediately preceding appointment; 3-17 (2) have engaged in the field of art therapy for at 3-18 least 24 months or 2,000 hours; 3-19 (3) be licensed under this Act; and 3-20 (4) be appointed in accordance with Section 5 of this 3-21 Act. 3-22 (b) To be qualified for appointment as a member who is a 3-23 representative of the general public, a person must: 3-24 (1) be a citizen of the United States and a resident 3-25 of this state for the 30 months immediately preceding appointment; 3-26 (2) be at least 21 years old; and 3-27 (3) meet the requirements of Subsection (e) of this 3-28 section. 3-29 (c) It is a ground for removal from the board if a member: 3-30 (1) does not have at the time of appointment the 3-31 qualifications required by Subsection (a) or (b) of this section, 3-32 as appropriate, for appointment to the board; 3-33 (2) does not maintain during the service on the board 3-34 the qualifications required by Subsection (a) or (b) of this 3-35 section, as appropriate, for appointment to the board; 3-36 (3) violates a prohibition established by Subsection 3-37 (e) of this section if the member is a public member or Subsection 3-38 (e) of Section 5 of this Act; 3-39 (4) cannot discharge the member's duties for a 3-40 substantial part of the term for which the member is appointed 3-41 because of illness or disability; or 3-42 (5) is absent for more than half of the regularly 3-43 scheduled board meetings that a member is eligible to attend during 3-44 a calendar year unless the absence is excused by majority vote of 3-45 the board. 3-46 (d) The validity of an action of the board is not affected 3-47 by the fact that it was taken when a ground for removal of a member 3-48 of the board existed. 3-49 (e) A person is not eligible for appointment as a public 3-50 member of the board if the person or the person's spouse: 3-51 (1) is registered, certified, or licensed by an 3-52 occupational regulatory agency in the field of health care; 3-53 (2) is employed by or participates in the management 3-54 of a business entity or other organization receiving funds from the 3-55 board; 3-56 (3) owns or controls, directly or indirectly, more 3-57 than 10 percent interest in a business entity or other organization 3-58 receiving funds from the board; or 3-59 (4) uses or receives a substantial amount of funds 3-60 from the board, other than compensation or reimbursement authorized 3-61 by law for board membership, attendance, or expenses. 3-62 (f) If the executive secretary has knowledge that a 3-63 potential ground for removal exists, the executive secretary shall 3-64 notify the governor and the attorney general that a potential 3-65 ground for removal exists. 3-66 SECTION 7. BOARD RESPONSIBILITIES. (a) the governor shall 3-67 designate one member of the board as the chairman of the board to 3-68 serve in that capacity at the pleasure of the governor. The board 3-69 shall elect a vice chairman who shall hold office according to the 3-70 rules adopted by the board. 4-1 (b) The board shall hold not more than two regular meetings 4-2 each year as provided by rules adopted by the board. The board may 4-3 hold additional emergency meetings at the call of the chairman. 4-4 Two members constitute a quorum. 4-5 (c) The board may delegate functions and activities required 4-6 by this Act to individuals and committees on a permanent or 4-7 temporary basis if a quorum of the board agrees to the delegation 4-8 and if the delegates clearly possess the professional and personal 4-9 qualifications to act as delegates of the board. 4-10 (d) The board shall investigate and dispose of complaints as 4-11 provided by Section 22 of this Act. 4-12 (e) The board shall: 4-13 (1) determine the qualifications and fitness of 4-14 applicants for licenses, renewal of licenses, and provisional 4-15 licenses; 4-16 (2) adopt and revise rules not inconsistent with the 4-17 law of this state that are necessary to administer this Act. 4-18 However, the board may not adopt rules restricting competitive 4-19 bidding or advertising by licensees except to prohibit false, 4-20 misleading, or deceptive practices. The board may not include in 4-21 its rules to prohibit false, misleading, or deceptive practices by 4-22 licensees a rule that: 4-23 (A) restricts a licensee's use of any medium for 4-24 advertising; 4-25 (B) restricts a licensee's personal appearance 4-26 or the use of the person's personal voice in an advertisement; 4-27 (C) relates to the size or duration of an 4-28 advertisement by a licensee; or 4-29 (D) restricts a licensee's advertisement under a 4-30 trade name; 4-31 (3) adopt and publish a code of ethics and adopt an 4-32 official seal; 4-33 (4) examine for, deny, approve, issue, revoke, suspend 4-34 on an emergency basis, place on probation, and renew the license of 4-35 art therapist applicants and licensees under this Act; 4-36 (5) establish a mandatory continuing education program 4-37 for licensees; 4-38 (6) conduct hearings on the rules adopted under this 4-39 Act, notify the appropriate prosecuting attorney of an alleged 4-40 offense committed under this Act, and seek an injunction for a 4-41 violation of this Act; 4-42 (7) set fees for the board's services in amounts that 4-43 are sufficient to meet the expenses of administering this Act; 4-44 (8) request and receive the assistance of state 4-45 educational institutions or other state agencies; 4-46 (9) prepare and disseminate consumer information, 4-47 including describing the regulatory functions of the board and 4-48 describing the board's procedures by which consumer complaints are 4-49 filed with and resolved by the board. The board shall make the 4-50 information available to the general public and appropriate state 4-51 agencies; and 4-52 (10) by rule adopt a list of authorized counseling 4-53 methods or practices that a licensee may undertake or perform. 4-54 (f) The board by rule shall adopt reasonable and necessary 4-55 fees so that the fees, in aggregate, produce sufficient revenue to 4-56 cover the costs of administering this Act. 4-57 SECTION 8. PUBLIC COMPLAINTS; TOLL-FREE TELEPHONE SERVICE. 4-58 (a) The board by rule shall establish methods by which consumers 4-59 and service recipients are notified of the name, mailing address, 4-60 and telephone number of the board for the purpose of directing 4-61 complaints to the board. The board may provide for that 4-62 notification: 4-63 (1) on each registration form, application, or written 4-64 contract for services of an individual or entity regulated under 4-65 this Act; 4-66 (2) on a sign prominently displayed in the place of 4-67 business of each individual or entity regulated under this Act; or 4-68 (3) in a bill for service provided by an individual or 4-69 entity regulated under this Act. 4-70 (b) The board shall list along with its regular telephone 5-1 number the toll-free telephone number at the department that may be 5-2 called to present a complaint about a health professional if the 5-3 toll-free number is established under other state law. 5-4 SECTION 9. PUBLIC PARTICIPATION IN BOARD HEARINGS. The 5-5 board shall develop and implement policies that provide the public 5-6 with a reasonable opportunity to appear before the board and to 5-7 speak on any issue under the jurisdiction of the board. 5-8 SECTION 10. PROGRAM ACCESSIBILITY. The board shall prepare 5-9 and maintain a written plan that describes how a person who does 5-10 not speak English can be provided reasonable access to the board's 5-11 programs. The board shall also comply with federal and state laws 5-12 for program and facility accessibility. 5-13 SECTION 11. TRAINING; STANDARDS OF CONDUCT INFORMATION. 5-14 (a) Each board member shall comply with the board member training 5-15 requirements established by any other state agency that is given 5-16 authority to establish the requirements for the board. 5-17 (b) The board shall provide to its members and employees, as 5-18 often as necessary, information regarding their qualifications for 5-19 office or employment under this Act and their responsibilities 5-20 under applicable laws relating to standards of conduct for state 5-21 officers or employees. 5-22 (c) The board shall develop and implement policies that 5-23 clearly define the respective responsibilities of the board and the 5-24 staff of the board. 5-25 SECTION 12. TRAINING AND GUIDELINES FOR MEMBERS OF THE 5-26 BOARD. (a) The board shall establish a training program for the 5-27 members of the board. 5-28 (b) Before a member of a board may assume the member's 5-29 duties and before the member may be confirmed by the senate, the 5-30 member must complete at least one course of the training program 5-31 established under this section. 5-32 (c) A training program established under this section shall 5-33 provide information to a participant regarding: 5-34 (1) the enabling legislation that created the board; 5-35 (2) the programs operated by the board; 5-36 (3) the role and functions of the board; 5-37 (4) the rules of the board with an emphasis on the 5-38 rules that relate to disciplinary and investigatory authority; 5-39 (5) the current budget for the board; 5-40 (6) the results of the most recent formal audit of the 5-41 board; 5-42 (7) the requirements of the: 5-43 (A) open meetings law, Chapter 551, Government 5-44 Code; 5-45 (B) open records law, Chapter 552, Government 5-46 Code; and 5-47 (C) Chapter 2001, Government Code 5-48 (Administrative Procedure Act); 5-49 (8) the requirements of the conflict of interest laws 5-50 and other laws relating to public officials; and 5-51 (9) any applicable ethics policies adopted by the 5-52 board or the Texas Ethics Commission. 5-53 (d) In developing the training requirements provided for in 5-54 this section, the board shall consult with the governor's office, 5-55 the attorney general's office, and the Texas Ethics Commission. 5-56 (e) In the event that another state agency or entity is 5-57 given the authority to establish the training requirements, the 5-58 board shall allow that training in lieu of developing its own 5-59 program. 5-60 SECTION 13. REIMBURSEMENT OF BOARD EXPENSES. A member of 5-61 the board is not entitled to compensation for the member's service 5-62 on the board. A member of the board is entitled to reimbursement 5-63 for actual travel expenses incurred in attending a meeting of the 5-64 board as provided by the General Appropriations Act. 5-65 SECTION 14. BOARD PERSONNEL. (a) The executive secretary 5-66 must be an employee of the department. The commissioner of public 5-67 health, with the advice and consent of the board, shall designate 5-68 an employee to serve as executive secretary of the board. The 5-69 executive secretary shall be the administrator of professional art 5-70 therapist licensing activities for the board. In addition to his 6-1 other duties prescribed by this Act and by the department, the 6-2 executive secretary shall: 6-3 (1) keep full and accurate minutes of the transactions 6-4 and proceedings of the board; 6-5 (2) be the custodian of the files and records of the 6-6 board; 6-7 (3) prepare and recommend to the board plans and 6-8 procedures necessary to implement the purposes and objectives of 6-9 this Act, including rules and proposals on administrative 6-10 procedures not inconsistent with this Act; 6-11 (4) exercise general supervision over persons employed 6-12 by the department in the administration of this Act; 6-13 (5) be responsible for the investigation of complaints 6-14 and for the presentation of formal complaints; 6-15 (6) attend all meetings of the board, but the 6-16 executive secretary is not entitled to vote at board meetings; and 6-17 (7) handle or arrange for the handling of the 6-18 correspondence of the board, make or arrange for necessary 6-19 inspections and investigations, and obtain, assemble, or prepare 6-20 the reports and information that the board may direct or authorize. 6-21 (b) The board shall develop and implement policies that 6-22 clearly define the respective responsibilities of the board and the 6-23 staff of the board. 6-24 (c) The basic personnel and necessary facilities that are 6-25 required to administer this Act shall be the personnel and 6-26 facilities of the department acting as the agents of the board. 6-27 The department may secure by agreement services that it considers 6-28 necessary and provide for the compensation for these services and 6-29 may employ and compensate, within appropriations available, the 6-30 professional consultants, technical assistants, and employees on a 6-31 full-time or part-time basis necessary to administer this Act. 6-32 SECTION 15. ART THERAPIST QUALIFICATIONS. (a) A person is 6-33 a qualified art therapist applicant if the person: 6-34 (1) is at least 21 years old; 6-35 (2) has submitted an application as required by the 6-36 board, accompanied by the fee set by the board; the board may 6-37 require that the statements on the application be made under oath; 6-38 (3) has demonstrated professional competency by 6-39 satisfactorily passing an examination as prescribed by the board; 6-40 (4) holds either: 6-41 (A) a master's or doctoral degree in art therapy 6-42 that includes 600 hours of supervised internship experience from an 6-43 accredited institution, except that on or after September 1, 1996, 6-44 applicants must have 700 hours of supervised internship experience 6-45 from an accredited institution; or 6-46 (B) a master's degree in a counseling-related 6-47 field, has a minimum of 21 semester hours of sequential course work 6-48 in the history, theory, and practice of art therapy, and has 6-49 completed 600 hours of supervised internship experience from an 6-50 accredited institution, except that on or after September 1, 1996, 6-51 applicants must complete 700 hours of supervised internship 6-52 experience from an accredited institution; and 6-53 (5) has completed 1,000 client contact hours of 6-54 postgraduate experience under supervision of a psychiatrist, 6-55 psychologist, social worker, licensed professional counselor, or 6-56 nationally registered art therapist, beyond the requirements in 6-57 Paragraph (A), Subdivision (4), of this subsection, except that on 6-58 or after September 1, 1996, applicants must complete 1,000 client 6-59 contact hours of postgraduate experience under supervision of a 6-60 licensed art therapist beyond the requirements in Paragraph (A), 6-61 Subdivision (4), of this subsection, or has completed 2,000 client 6-62 contact hours of postgraduate experience under supervision of a 6-63 psychiatrist, psychologist, social worker, licensed professional 6-64 counselor, or nationally registered art therapist beyond the 6-65 requirements in Paragraph (B), Subdivision (4), of this subsection, 6-66 except that on or after September 1, 1998, applicants must complete 6-67 2,000 client contact hours of postgraduate experience under 6-68 supervision of a licensed art therapist beyond the requirements in 6-69 Paragraph (B), Subdivision (4), of this subsection. 6-70 (b) The board may approve on a case-by-case basis applicants 7-1 who have a master's degree or a doctoral degree from nonaccredited 7-2 institutions. 7-3 SECTION 16. APPLICATION REVIEW. After investigation of the 7-4 application and other evidence submitted, the board shall, no later 7-5 than the 30th day before the examination date, notify each 7-6 applicant that the application and evidence submitted are 7-7 satisfactory and accepted or unsatisfactory and rejected. If 7-8 rejected, the notice shall state the reasons for the rejection. 7-9 SECTION 17. ART THERAPIST EXAMINATION. (a) An applicant 7-10 who has met the requirements for licensure shall be scheduled for 7-11 the next appropriate examination following the approval of the 7-12 application. 7-13 (b) The board shall establish by rule the examination 7-14 application deadline and the requirements for re-examination if the 7-15 applicant has failed the examination. 7-16 (c) The examination shall cover subjects appropriate to the 7-17 scope of practice as a professional art therapist. For the 7-18 biennium ending August 31, 1997, the board shall adopt the national 7-19 Certification Examination in Art Therapy of the Art Therapy 7-20 Credentials Board as the examination required under this section. 7-21 (d) The board shall provide for the grading of the 7-22 examination and recommend to the chairman action to be taken. To 7-23 ensure impartiality, written examination documents shall be 7-24 identified by number, and no paper may be marked with the name of 7-25 an applicant but shall be anonymously graded. If the board 7-26 subsequently adopts its own examination, the board shall have the 7-27 written portion of the examination, if any, validated under the 7-28 direction of a testing professional. In the event an applicant 7-29 fails to receive a passing grade on the entire examination, he may 7-30 reapply and shall be allowed to take a subsequent examination. An 7-31 applicant who has failed two successive examinations may not 7-32 reapply until two years have elapsed from the date of the last 7-33 examination or he has satisfactorily completed nine graduate 7-34 semester hours in the applicant's weakest portion of the 7-35 examination. 7-36 (e) Not later than the 30th day after the day a licensing 7-37 examination is administered under this Act, the board shall notify 7-38 each examinee of the results of the examination. However, if an 7-39 examination is graded or reviewed by a national testing service, 7-40 the board shall notify each examinee of the results of the 7-41 examination not later than the 14th day after the day the board 7-42 receives the results from the testing service. If the notice of 7-43 the examination results graded or reviewed by the national testing 7-44 service will be delayed for more than 90 days after the examination 7-45 date, the board shall notify the examinee of the reason for the 7-46 delay before the 90th day. 7-47 (f) If requested in writing by a person who fails the 7-48 examination for a license, the board shall furnish to the person an 7-49 analysis of the person's performance on the examination. 7-50 SECTION 18. LICENSES AND RENEWAL OF LICENSES. (a) A 7-51 license certificate issued by the board is the property of the 7-52 board and must be surrendered on demand. 7-53 (b) The licensee shall display the license certificate in an 7-54 appropriate and public manner. 7-55 (c) The licensee shall inform the board of his current 7-56 address at all times. 7-57 (d) Each year the board shall prepare a registry of licensed 7-58 professional art therapists. The registry shall be made available 7-59 to the licensees, other state agencies, and the general public on 7-60 request. 7-61 (e) The license may be renewed annually if the licensee is 7-62 not in violation of this Act at the time of application for renewal 7-63 and if the applicant fulfills current requirements of continuing 7-64 education as established by the board. 7-65 (f) The board by rule shall establish a minimum number of 7-66 hours of continuing education required to renew a license under 7-67 this Act. The board may assess the continuing education needs of 7-68 licensees and may require licensees to attend continuing education 7-69 courses specified by the board. The board by rule shall develop a 7-70 process to evaluate and approve continuing education courses. 8-1 (g) The board shall identify the key factors for the 8-2 competent performance by a licensee of the licensee's professional 8-3 duties. The board shall implement a procedure to assess a 8-4 licensee's participation in continuing education programs. 8-5 (h) Each person licensed under this Act is responsible for 8-6 renewing his license before the expiration date. 8-7 (i) The board shall adopt a system under which licenses 8-8 expire on various dates during the year. For the year in which the 8-9 initial license is issued, license fees payable on the date of 8-10 issuance shall be prorated on a monthly basis so that each licensee 8-11 shall pay only that portion of the license fee that is applicable 8-12 to the number of months during which the license is valid. On 8-13 renewal of the license, the total license fee is payable. 8-14 (j) A person may renew an unexpired license by paying to the 8-15 board before the expiration of the license the required renewal 8-16 fee. 8-17 (k) If a person's license has been expired for 90 days or 8-18 less, the person may renew the license by paying to the board the 8-19 required renewal fee and a fee that is one-half of the examination 8-20 fee for the license. 8-21 (l) If a person's license has been expired for 90 days but 8-22 less than one year because of the person's failure to pay the 8-23 renewal fee or failure to meet continuing education requirements, 8-24 the person may renew the license by paying to the board all unpaid 8-25 renewal fees and a fee that is equal to the examination fee for the 8-26 license and providing the board with proof of completing the 8-27 required continuing education. 8-28 (m) If a person's license has been expired for one year or 8-29 longer, the person may not renew the license. The person may 8-30 obtain a new license by complying with the requirements and 8-31 procedures for obtaining an original license. However, the board 8-32 may renew without reexamination an expired license of a person who 8-33 was licensed in this state, moved to another state, and is 8-34 currently licensed and has been in practice in the other state for 8-35 the two years preceding application. The person must pay to the 8-36 board a fee that is equal to the examination fee for the license. 8-37 (n) At least 30 days before the expiration of a person's 8-38 license, the board shall send written notice of the impending 8-39 license expiration to the person at the licensee's last known 8-40 address according to the records of the board. 8-41 (o) A licensee may request that the licensee's license be 8-42 declared inactive. The licensee then foregoes the licensing rights 8-43 granted under this Act but is relieved of renewal fees and penalty 8-44 fees. The license shall be declared active on the payment of a 8-45 license fee if the applicant is not in violation of this Act at the 8-46 time of application for reactivation of the license and if the 8-47 applicant fulfills current requirements applicable to all inactive 8-48 licensees as provided by the rules adopted by the board. 8-49 (p) The board by rule may provide for the issuance of a 8-50 temporary license. Rules adopted under this subsection shall 8-51 include a time limit for a temporary license. 8-52 (q) The board by rule may adopt a system under which a 8-53 temporary license may be issued to individuals who have met all of 8-54 the academic requirements for licensing and who have entered into a 8-55 supervisory agreement with a supervisor approved by the board. 8-56 (r) The board by rule may adopt a system for placing a 8-57 licensee on retirement status. 8-58 SECTION 19. LICENSE REQUIRED; PENALTY. (a) Unless the 8-59 person is exempt under Section 4 of this Act, a person may not 8-60 engage on or after January 1, 1997, in the practice of art therapy 8-61 without a license issued under this Act. 8-62 (b) A person commits an offense if the person knowingly or 8-63 intentionally: 8-64 (1) engages in the practice of art therapy without 8-65 holding a license issued under this Act; 8-66 (2) engages in the practice of art therapy after the 8-67 person's license under this Act has expired; 8-68 (3) represents the person by the title "Licensed 8-69 Professional Art Therapist" without being licensed under this Act; 8-70 or 9-1 (4) makes use of any title, words, letters, or 9-2 abbreviations that imply that the person is licensed under this Act 9-3 if the person is not licensed under this Act. 9-4 (c) An offense under Subsection (b) of this section is a 9-5 Class B misdemeanor. 9-6 SECTION 20. DISCIPLINARY ACTIONS. (a) The board shall 9-7 revoke, suspend, suspend on an emergency basis, or refuse to renew 9-8 the license of a licensee, place on probation a licensee whose 9-9 license has been suspended, or reprimand a licensee if the 9-10 licensee: 9-11 (1) has committed an act in violation of Section 9-12 21.14, Penal Code, or for which liability exists under Chapter 81, 9-13 Civil Practice and Remedies Code; 9-14 (2) has violated this Act or a rule or code of ethics 9-15 adopted by the board; 9-16 (3) is legally committed to an institution because of 9-17 mental incompetence from any cause; or 9-18 (4) offers to pay or agrees to accept any 9-19 remuneration, directly or indirectly, to or from any person or 9-20 entity for securing or soliciting a patient or patronage. 9-21 (b) If a license suspension is probated, the board may 9-22 require the licensee to: 9-23 (1) report regularly to the board on matters that are 9-24 the basis of the probation; 9-25 (2) limit practice to the areas prescribed by the 9-26 board; or 9-27 (3) continue or review continuing professional 9-28 education until the licensee attains a degree of skill satisfactory 9-29 to the board in those areas that are the basis of the probation. 9-30 (c) A licensee is entitled to a hearing conducted by the 9-31 State Office of Administrative Hearings before a sanction is 9-32 imposed under this section. 9-33 (d) The board by rule shall adopt a broad schedule of 9-34 sanctions for violations under this Act. The State Office of 9-35 Administrative Hearings shall use the schedule for any sanction 9-36 imposed as the result of a hearing conducted by that office. 9-37 (e) Proceedings for revocation or suspension of a license 9-38 and appeals from those proceedings are governed by Chapter 2001, 9-39 Government Code (Administrative Procedure Act). 9-40 SECTION 21. TEMPORARY SUSPENSION OF LICENSE. If the 9-41 majority of the board or a committee of board members designated by 9-42 the board determines from the evidence or information presented to 9-43 it that a licensee, by continuation in practice, would constitute a 9-44 continuing and imminent threat to the public welfare, the board or 9-45 the committee shall temporarily suspend the license of the 9-46 licensee. The license may be suspended under this section without 9-47 notice or hearing on the complaint, provided institution of 9-48 proceedings for a hearing before the State Office of Administrative 9-49 Hearings is initiated simultaneously with the temporary suspension 9-50 and provided that a hearing is held as soon as can be accomplished 9-51 under this chapter and Chapter 2001, Government Code 9-52 (Administrative Procedure Act) and its subsequent amendments. The 9-53 State Office of Administrative Hearings shall hold a preliminary 9-54 hearing not later than the 14th day after the date of the temporary 9-55 suspension to determine if probable cause exists that a continuing 9-56 and imminent threat to the public welfare still exists. A final 9-57 hearing on the matter shall be held not later than the 61st day 9-58 after the date of temporary suspension. 9-59 SECTION 22. COMPLAINT PROCEDURE IN GENERAL. (a) The board 9-60 shall keep an information file about each complaint filed with the 9-61 board. The board's information file shall be kept current and 9-62 contain a record for each complaint of: 9-63 (1) all persons contacted in relation to the 9-64 complaint; 9-65 (2) a summary of findings made at each step of the 9-66 complaint process; 9-67 (3) an explanation of the legal basis and reason for a 9-68 complaint that is dismissed; and 9-69 (4) other relevant information. 9-70 (b) If a written complaint is filed with the board that the 10-1 board has authority to resolve, the board, at least as frequently 10-2 as quarterly and until final disposition of the complaint, shall 10-3 notify the parties to the complaint of the status of the complaint 10-4 unless the notice would jeopardize an undercover investigation. 10-5 (c) The board by rule shall adopt a form to standardize 10-6 information concerning complaints made to the board. The board by 10-7 rule shall prescribe information to be provided to a person who 10-8 wishes to file a complaint with the board. 10-9 (d) The board shall provide reasonable assistance to a 10-10 person who wishes to file a complaint with the board. 10-11 SECTION 23. COMPLAINT INVESTIGATION AND DISPOSITION. 10-12 (a) The board shall adopt rules concerning the investigation of a 10-13 complaint filed with the board. The rules adopted under this 10-14 subsection shall: 10-15 (1) distinguish between categories of complaints; 10-16 (2) ensure that complaints are not dismissed without 10-17 appropriate consideration; 10-18 (3) require that the board be advised of a complaint 10-19 that is dismissed and that a letter be sent to the person who filed 10-20 the complaint explaining the action taken on the dismissed 10-21 complaint; 10-22 (4) ensure that the person who filed the complaint has 10-23 an opportunity to explain the allegations made in the complaint; 10-24 and 10-25 (5) prescribe guidelines concerning the categories of 10-26 complaints that require the use of a private investigator and the 10-27 procedures for the board to obtain the services of a private 10-28 investigator. 10-29 (b) The board shall dispose of all complaints in a timely 10-30 manner. The board shall establish a schedule for conducting each 10-31 phase of a complaint that is under the control of the board not 10-32 later than the 30th day after the date the complaint is received by 10-33 the board. The schedule shall be kept in the information file for 10-34 the complaint and all parties shall be notified of the projected 10-35 time requirements for pursuing the complaint. A change in the 10-36 schedule must be noted in the complaint information file, and all 10-37 parties to the complaint must be notified not later than the 10-38 seventh day after the date the change is made. 10-39 (c) The executive secretary of the board shall notify the 10-40 board of a complaint that extends beyond the time prescribed by the 10-41 board for resolving the complaint. 10-42 SECTION 24. INFORMAL PROCEEDINGS. (a) The board by rule 10-43 shall adopt procedures governing: 10-44 (1) informal disposition of a contested case under 10-45 Section 2001.056, Government Code; and 10-46 (2) informal proceedings held in compliance with 10-47 Section 2001.054, Government Code. 10-48 (b) Rules adopted under this section must provide the 10-49 complainant and the licensee an opportunity to be heard and must 10-50 require the presence of a representative of the department's legal 10-51 staff or the attorney general's office to advise the board or 10-52 board's employees. 10-53 SECTION 25. MONITORING OF LICENSEES. The board by rule 10-54 shall develop a system for monitoring licensees' compliance with 10-55 the requirements of this Act. Rules adopted under this section 10-56 shall include procedures for monitoring a licensee who is ordered 10-57 by the board to perform certain acts to ascertain that the licensee 10-58 performs the required acts and to identify and monitor licensees 10-59 who represent a risk to the public. 10-60 SECTION 26. POWER TO SUE. The board or the department may 10-61 institute a suit in its own name to enjoin the violation of this 10-62 Act. The suit is in addition to any other action, proceeding, or 10-63 remedy authorized by law. The board shall be represented by the 10-64 attorney general or the appropriate county or district attorney. 10-65 SECTION 27. ENDORSEMENT. (a) The board may grant, on 10-66 application and payment of fees, a provisional license to a person 10-67 who at the time of application holds a valid license or certificate 10-68 as an art therapist issued by another state or any political 10-69 territory or jurisdiction acceptable to the board. An applicant 10-70 for a provisional license under this section must: 11-1 (1) be licensed and in good standing as an art 11-2 therapist in another state, territory, or jurisdiction that has 11-3 licensing requirements that are substantially equivalent to the 11-4 requirements of this Act; 11-5 (2) have passed a national or other examination 11-6 recognized by the board relating to counseling or art therapy; and 11-7 (3) be sponsored by a person licensed by the board 11-8 under this Act with whom the provisional licensee may practice 11-9 under this section. 11-10 (b) An applicant for a provisional license may be excused 11-11 from the requirement of Subdivision (3), Subsection (a), of this 11-12 section if the board determines that compliance with that 11-13 subsection constitutes a hardship to the applicant. 11-14 (c) A provisional license is valid until the date the board 11-15 approves or denies the provisional licensee's application for a 11-16 license. The board shall issue a license under this Act to the 11-17 holder of a provisional license under this section if: 11-18 (1) the provisional licensee passes the examination 11-19 required by Section 17 of this Act; 11-20 (2) the board verifies that the provisional licensee 11-21 has the academic and experience requirements for a license under 11-22 this Act; and 11-23 (3) the provisional licensee satisfies any other 11-24 license requirements under this Act. 11-25 (d) The board must complete the processing of a provisional 11-26 licensee's application for a license not later than the 180th day 11-27 after the date the provisional license is issued or at the time 11-28 licenses are issued following the successful completion of the 11-29 examination, whichever is later. 11-30 SECTION 28. REVENUE, RECEIPTS, AND DISBURSEMENTS. (a) All 11-31 money paid to the department under this Act shall be deposited in 11-32 the state treasury to the credit of a special fund to be known as 11-33 the professional art therapists licensing fund and may be used only 11-34 for the administration of this Act. 11-35 (b) The board by rule shall establish reasonable and 11-36 necessary fees so that the fees, in the aggregate, produce 11-37 sufficient revenue to meet the expenses of administering this Act 11-38 without accumulating unnecessary surpluses. 11-39 (c) The fees set by the board may be adjusted so that the 11-40 total fees collected are sufficient to meet the expenses of 11-41 administering this Act. The board shall establish a standard fee 11-42 applicable to all licenses. 11-43 SECTION 29. ANNUAL REPORT. Not later than the 90th day 11-44 after the last day of each state fiscal year, the board shall 11-45 submit to the governor, lieutenant governor, and speaker of the 11-46 house a report about the activities of the board during the 11-47 preceding fiscal year. 11-48 SECTION 30. SUNSET PROVISION. The Texas State Board of 11-49 Licensed Professional Art Therapists is subject to Chapter 325, 11-50 Government Code (Texas Sunset Act). Unless the board is continued 11-51 in existence as provided by that chapter, the board is abolished 11-52 September 1, 2005. 11-53 SECTION 31. EMERGENCY. The importance of this legislation 11-54 and the crowded condition of the calendars in both houses create an 11-55 emergency and an imperative public necessity that the 11-56 constitutional rule requiring bills to be read on three several 11-57 days in each house be suspended, and this rule is hereby suspended. 11-58 * * * * *