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 * * * * *