Connecticut 2019 Regular Session

Connecticut House Bill HB05444 Compare Versions

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7	6		General Assembly Committee Bill No. 5444
8	7		January Session, 2019
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12	11		Referred to Committee on PUBLIC HEALTH
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15	14		Introduced by:
16	15		(PH)
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20	19		AN ACT REQUIRING LICENSURE OF ART THERAPISTS.
21	20		Be it enacted by the Senate and House of Representatives in General
22	21		Assembly convened:
23	22
24	23		Section 1. Section 20-195mmm of the general statutes is repealed 1
25	24		and the following is substituted in lieu thereof (Effective October 1, 2
26	25		2019): 3
27	26		[(a)] As used in this section, sections 2 to 5, inclusive, of this act and 4
28	27		section 19a-14, as amended by this act: 5
29	28		(1) "Art therapy" means clinical and evidence-based use of art, 6
30	29		including art media, the creative process and the resulting artwork, to 7
31	30		accomplish individualized goals within a therapeutic relationship by a 8
32	31		credentialed professional who has completed an art therapy program 9
33	32		approved by the American Art Therapy Association, or any successor 10
34	33		of said association; [and] 11
35	34		(2) "Art therapist" means a person who [(A) has earned a graduate 12
36	35		degree in art therapy or a related field from an accredited institution of 13
37	36		higher education, and (B) is certified as an art therapist by the Art 14
38		-	Therapy Credentials Board or any successor of said board.] has been 15 Committee Bill No. 5444
	37	+	Therapy Credentials Board or any successor of said board.] has been 15
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45	43		licensed as an art therapist pursuant to section 3 of this act or issued a 16
46	44		temporary permit pursuant to section 4 of this act; 17
47	45		(3) "Commissioner" means the Commissioner of Public Health; and 18
48	46		(4) "Department" means the Department of Public Health. 19
49	47		[(b) No person unless certified as an art therapist may use the title 20
50	48		"art therapist" or "certified art therapist" or make use of any title, 21
51	49		words, letters, abbreviations or insignia indicating or implying that he 22
52	50		or she is a certified art therapist. Any person who violates this section 23
53	51		shall be guilty of a class D felony. For purposes of this section, each 24
54	52		instance of contact or consultation with an individual that is in 25
55	53		violation of any provision of this section shall constitute a separate 26
56	54		offense. 27
57	55		(c) The provisions of this section shall not apply to a person who (1) 28
58	56		provides art therapy while acting within the scope of practice of the 29
59	57		person's license and training, provided the person does not hold 30
60	58		himself or herself out to the public as an art therapist, or (2) is a 31
61	59		student enrolled in an art therapy educational program or graduate art 32
62	60		therapy educational program approved by the American Art Therapy 33
63	61		Association, or any successor of said association, and art therapy is an 34
64	62		integral part of the student's course of study and such student is 35
65	63		performing such therapy under the direct supervision of an art 36
66	64		therapist.] 37
67	65		Sec. 2. (NEW) (Effective October 1, 2019) (a) No person may practice 38
68	66		art therapy unless licensed pursuant to section 3 of this act or issued a 39
69	67		temporary permit pursuant to section 4 of this act. 40
70	68		(b) No person may use the title "art therapist" or "licensed art 41
71	69		therapist" or make use of any title, words, letters, abbreviations or 42
72	70		insignia that may reasonably be confused with licensure as an art 43
73	71		therapist unless such person is licensed pursuant to section 3 of this act 44
74		-	or has been issued a temporary permit pursuant to section 4 of this act. 45 Committee Bill No. 5444
	72	+	or has been issued a temporary permit pursuant to section 4 of this act. 45
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81	78		(c) The provisions of this section shall not apply to a person who (1) 46
82	79		provides art therapy while acting within the scope of practice of the 47
83	80		person's license and training, provided the person does not hold 48
84	81		himself or herself out to the public as an art therapist, or (2) is a 49
85	82		student enrolled in an art therapy educational program or graduate art 50
86	83		therapy educational program approved by the American Art Therapy 51
87	84		Association, or any successor of said association, and art therapy is an 52
88	85		integral part of the student's course of study and such student is 53
89	86		performing such therapy under the direct supervision of a licensed art 54
90	87		therapist. 55
91	88		Sec. 3. (NEW) (Effective October 1, 2019) (a) On and after October 1, 56
92	89		2019, the Commissioner of Public Health shall grant a license as an art 57
93	90		therapist to any applicant who, except as provided in subsections (b) 58
94	91		and (c) of this section, furnishes evidence satisfactory to the 59
95	92		commissioner that such applicant (1) has earned a graduate degree in 60
96	93		art therapy or a related field from an accredited institution of higher 61
97	94		education, and (2) holds a current credential or certification as an art 62
98	95		therapist from the Art Therapy Credentials Board, or any successor of 63
99	96		said board. The commissioner shall develop and provide application 64
100	97		forms. The application fee shall be three hundred fifteen dollars. 65
101	98		(b) An applicant for licensure by endorsement shall present 66
102	99		evidence satisfactory to the commissioner that the applicant is licensed 67
103	100		or certified as an art therapist, or as a person entitled to perform 68
104	101		similar services under a different designation, in another state or 69
105	102		jurisdiction that has requirements for practicing in such capacity that 70
106	103		are substantially similar to, or higher than, those of this state and that 71
107	104		there are no disciplinary actions or unresolved complaints pending in 72
108	105		this state or any other state. 73
109	106		(c) Licenses issued under this section shall be renewed annually 74
110	107		pursuant to section 19a-88 of the general statutes, as amended by this 75
111	108		act. The fee for such renewal shall be one hundred ninety dollars. Each 76
112	109		licensed art therapist applying for license renewal shall furnish 77
113		-	~~evidence satisfactory to the commissioner of having a current 78~~ Committee Bill No. 5444
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	115	+	evidence satisfactory to the commissioner of having a current 78
120	116		credential or certification with the Art Therapy Credentials Board, or 79
121	117		any successor of said board, and having obtained continuing education 80
122	118		units for such credential or certification as required by said board. 81
123	119		Sec. 4. (NEW) (Effective October 1, 2019) The Department of Public 82
124	120		Health may issue a temporary permit to an applicant for licensure as 83
125	121		an art therapist who holds a graduate degree in art therapy or a related 84
126	122		field. Such temporary permit shall authorize the holder of the 85
127	123		temporary permit to practice art therapy under the general supervision 86
128	124		of a licensed art therapist at all times during which the holder of the 87
129	125		temporary permit performs art therapy. Such temporary permit shall 88
130	126		be valid for a period not to exceed three hundred sixty-five calendar 89
131	127		days after the date of attaining such graduate degree and shall not be 90
132	128		renewable. No temporary permit shall be issued under this section to 91
133	129		any applicant against whom professional disciplinary action is 92
134	130		pending or who is the subject of an unresolved complaint in this state 93
135	131		or any other state. The commissioner may revoke a temporary permit 94
136	132		for good cause, as determined by the commissioner. The fee for a 95
137	133		temporary permit shall be fifty dollars. 96
138	134		Sec. 5. (NEW) (Effective October 1, 2019) The Commissioner of Public 97
139	135		Health may take any disciplinary action set forth in section 19a-17 of 98
140	136		the general statutes against an art therapist for any of the following 99
141	137		reasons: (1) Failure to conform to the accepted standards of the 100
142	138		profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or 101
143	139		seeking reinstatement of a license to practice art therapy; (4) fraud or 102
144	140		deceit in the practice of art therapy; (5) negligent, incompetent or 103
145	141		wrongful conduct in professional activities; (6) physical, mental or 104
146	142		emotional illness or disorder resulting in an inability to conform to the 105
147	143		accepted standards of the profession; (7) alcohol or substance abuse; or 106
148	144		(8) wilful falsification of entries in any hospital, patient or other record 107
149	145		pertaining to art therapy. The commissioner may order a license 108
150	146		holder to submit to a reasonable physical or mental examination if his 109
151	147		or her physical or mental capacity to practice safely is the subject of an 110
152		-	~~investigation. The commissioner may petition the superior court for 111~~ Committee Bill No. 5444
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	153	+	investigation. The commissioner may petition the superior court for 111
159	154		the judicial district of Hartford to enforce such order or any action 112
160	155		taken pursuant to section 19a-17 of the general statutes. The 113
161	156		commissioner shall give notice and an opportunity to be heard on any 114
162	157		contemplated action under section 19a-17 of the general statutes. 115
163	158		Sec. 6. Subsection (c) of section 19a-14 of the general statutes is 116
164	159		repealed and the following is substituted in lieu thereof (Effective 117
165	160		October 1, 2019): 118
166	161		(c) No board shall exist for the following professions that are 119
167	162		licensed or otherwise regulated by the Department of Public Health: 120
168	163		(1) Speech and language pathologist and audiologist; 121
169	164		(2) Hearing instrument specialist; 122
170	165		(3) Nursing home administrator; 123
171	166		(4) Sanitarian; 124
172	167		(5) Subsurface sewage system installer or cleaner; 125
173	168		(6) Marital and family therapist; 126
174	169		(7) Nurse-midwife; 127
175	170		(8) Licensed clinical social worker; 128
176	171		(9) Respiratory care practitioner; 129
177	172		(10) Asbestos contractor, asbestos consultant and asbestos training 130
178	173		provider; 131
179	174		(11) Massage therapist; 132
180	175		(12) Registered nurse's aide; 133
181	176		(13) Radiographer; 134
182		-	~~(14) Dental hygienist; 135~~ Committee Bill No. 5444
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	182	+	(14) Dental hygienist; 135
189	183		(15) Dietitian-Nutritionist; 136
190	184		(16) Asbestos abatement worker; 137
191	185		(17) Asbestos abatement site supervisor; 138
192	186		(18) Licensed or certified alcohol and drug counselor; 139
193	187		(19) Professional counselor; 140
194	188		(20) Acupuncturist; 141
195	189		(21) Occupational therapist and occupational therapist assistant; 142
196	190		(22) Lead abatement contractor, lead consultant contractor, lead 143
197	191		consultant, lead abatement supervisor, lead abatement worker, lead 144
198	192		training provider, lead inspector, lead inspector risk assessor and lead 145
199	193		planner-project designer; 146
200	194		(23) Emergency medical technician, advanced emergency medical 147
201	195		technician, emergency medical responder and emergency medical 148
202	196		services instructor; 149
203	197		(24) Paramedic; 150
204	198		(25) Athletic trainer; 151
205	199		(26) Perfusionist; 152
206	200		(27) Master social worker subject to the provisions of section 20-153
207	201		195v; 154
208	202		(28) Radiologist assistant, subject to the provisions of section 20-74tt; 155
209	203		(29) Homeopathic physician; 156
210	204		(30) Certified water treatment plant operator, certified distribution 157
211	205		system operator, certified small water system operator, certified 158
212		-	~~backflow prevention device tester and certified cross connection 159~~ Committee Bill No. 5444
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	211	+	backflow prevention device tester and certified cross connection 159
219	212		survey inspector, including certified limited operators, certified 160
220	213		conditional operators and certified operators in training; 161
221	214		(31) Tattoo technician; 162
222	215		(32) Genetic counselor; [and] 163
223	216		(33) Behavior analyst; and 164
224	217		(34) Art therapist. 165
225	218		The department shall assume all powers and duties normally vested 166
226	219		with a board in administering regulatory jurisdiction over such 167
227	220		professions. The uniform provisions of this chapter and chapters 368v, 168
228	221		369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a 169
229	222		and 400c, including, but not limited to, standards for entry and 170
230	223		renewal; grounds for professional discipline; receiving and processing 171
231	224		complaints; and disciplinary sanctions, shall apply, except as otherwise 172
232	225		provided by law, to the professions listed in this subsection. 173
233	226		Sec. 7. Subdivision (1) of subsection (e) of section 19a-88 of the 174
234	227		general statutes is repealed and the following is substituted in lieu 175
235	228		thereof (Effective October 1, 2019): 176
236	229		(e) (1) Each person holding a license or certificate issued under 177
237	230		section 19a-514, 20-65k, 20-74s, 20-185k, 20-185l, 20-195cc or 20-206ll 178
238	231		and chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 179
239	232		383c, inclusive, 383g, 384, 384a, 384b, 384d, 385, 393a, 395, 399 or 400a 180
240	233		and section 20-206n or 20-206o shall, annually, during the month of 181
241	234		such person's birth, apply for renewal of such license or certificate to 182
242	235		the Department of Public Health, giving such person's name in full, 183
243	236		such person's residence and business address and such other 184
244	237		information as the department requests. 185
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245	243		This act shall take effect as follows and shall amend the following
246	244		sections:
247	245
248		-	Section 1 October 1, 2019 20-195mmm Committee Bill No. 5444
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	246	+	Section 1 October 1, 2019 20-195mmm
255	247		Sec. 2 October 1, 2019 New section
256	248		Sec. 3 October 1, 2019 New section
257	249		Sec. 4 October 1, 2019 New section
258	250		Sec. 5 October 1, 2019 New section
259	251		Sec. 6 October 1, 2019 19a-14(c)
260	252		Sec. 7 October 1, 2019 19a-88(e)(1)
261	253
262		-	PH Joint Favorable
	254	+	Statement of Purpose:
	255	+	To require the licensure of art therapists.
	256	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	257	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	258	+	not underlined.]
263	259
	260	+	Co-Sponsors: REP. BOLINSKY, 106th Dist.; REP. KLARIDES, 114th Dist.
	261	+
	262	+	H.B. 5444