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                               * * * * *