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General Assembly Committee Bill No. 5444
January Session, 2019
LCO No. 3713
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT REQUIRING LICENSURE OF ART THERAP ISTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 20-195mmm of the general statutes is repealed 1
and the following is substituted in lieu thereof (Effective October 1, 2
2019): 3
[(a)] As used in this section, sections 2 to 5, inclusive, of this act and 4
section 19a-14, as amended by this act: 5
(1) "Art therapy" means clinical and evidence-based use of art, 6
including art media, the creative process and the resulting artwork, to 7
accomplish individualized goals within a therapeutic relationship by a 8
credentialed professional who has completed an art therapy program 9
approved by the American Art Therapy Association, or any successor 10
of said association; [and] 11
(2) "Art therapist" means a person who [(A) has earned a graduate 12
degree in art therapy or a related field from an accredited institution of 13
higher education, and (B) is certified as an art therapist by the Art 14
Therapy Credentials Board or any successor of said board.] has been 15 Committee Bill No. 5444
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licensed as an art therapist pursuant to section 3 of this act or issued a 16
temporary permit pursuant to section 4 of this act; 17
(3) "Commissioner" means the Commissioner of Public Health; and 18
(4) "Department" means the Department of Public Health. 19
[(b) No person unless certified as an art therapist may use the title 20
"art therapist" or "certified art therapist" or make use of any title, 21
words, letters, abbreviations or insignia indicating or implying that he 22
or she is a certified art therapist. Any person who violates this section 23
shall be guilty of a class D felony. For purposes of this section, each 24
instance of contact or consultation with an individual that is in 25
violation of any provision of this section shall constitute a separate 26
offense. 27
(c) The provisions of this section shall not apply to a person who (1) 28
provides art therapy while acting within the scope of practice of the 29
person's license and training, provided the person does not hold 30
himself or herself out to the public as an art therapist, or (2) is a 31
student enrolled in an art therapy educational program or graduate art 32
therapy educational program approved by the American Art Therapy 33
Association, or any successor of said association, and art therapy is an 34
integral part of the student's course of study and such student is 35
performing such therapy under the direct supervision of an art 36
therapist.] 37
Sec. 2. (NEW) (Effective October 1, 2019) (a) No person may practice 38
art therapy unless licensed pursuant to section 3 of this act or issued a 39
temporary permit pursuant to section 4 of this act. 40
(b) No person may use the title "art therapist" or "licensed art 41
therapist" or make use of any title, words, letters, abbreviations or 42
insignia that may reasonably be confused with licensure as an art 43
therapist unless such person is licensed pursuant to section 3 of this act 44
or has been issued a temporary permit pursuant to section 4 of this act. 45 Committee Bill No. 5444
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(c) The provisions of this section shall not apply to a person who (1) 46
provides art therapy while acting within the scope of practice of the 47
person's license and training, provided the person does not hold 48
himself or herself out to the public as an art therapist, or (2) is a 49
student enrolled in an art therapy educational program or graduate art 50
therapy educational program approved by the American Art Therapy 51
Association, or any successor of said association, and art therapy is an 52
integral part of the student's course of study and such student is 53
performing such therapy under the direct supervision of a licensed art 54
therapist. 55
Sec. 3. (NEW) (Effective October 1, 2019) (a) On and after October 1, 56
2019, the Commissioner of Public Health shall grant a license as an art 57
therapist to any applicant who, except as provided in subsections (b) 58
and (c) of this section, furnishes evidence satisfactory to the 59
commissioner that such applicant (1) has earned a graduate degree in 60
art therapy or a related field from an accredited institution of higher 61
education, and (2) holds a current credential or certification as an art 62
therapist from the Art Therapy Credentials Board, or any successor of 63
said board. The commissioner shall develop and provide application 64
forms. The application fee shall be three hundred fifteen dollars. 65
(b) An applicant for licensure by endorsement shall present 66
evidence satisfactory to the commissioner that the applicant is licensed 67
or certified as an art therapist, or as a person entitled to perform 68
similar services under a different designation, in another state or 69
jurisdiction that has requirements for practicing in such capacity that 70
are substantially similar to, or higher than, those of this state and that 71
there are no disciplinary actions or unresolved complaints pending in 72
this state or any other state. 73
(c) Licenses issued under this section shall be renewed annually 74
pursuant to section 19a-88 of the general statutes, as amended by this 75
act. The fee for such renewal shall be one hundred ninety dollars. Each 76
licensed art therapist applying for license renewal shall furnish 77
evidence satisfactory to the commissioner of having a current 78 Committee Bill No. 5444
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credential or certification with the Art Therapy Credentials Board, or 79
any successor of said board, and having obtained continuing education 80
units for such credential or certification as required by said board. 81
Sec. 4. (NEW) (Effective October 1, 2019) The Department of Public 82
Health may issue a temporary permit to an applicant for licensure as 83
an art therapist who holds a graduate degree in art therapy or a related 84
field. Such temporary permit shall authorize the holder of the 85
temporary permit to practice art therapy under the general supervision 86
of a licensed art therapist at all times during which the holder of the 87
temporary permit performs art therapy. Such temporary permit shall 88
be valid for a period not to exceed three hundred sixty-five calendar 89
days after the date of attaining such graduate degree and shall not be 90
renewable. No temporary permit shall be issued under this section to 91
any applicant against whom professional disciplinary action is 92
pending or who is the subject of an unresolved complaint in this state 93
or any other state. The commissioner may revoke a temporary permit 94
for good cause, as determined by the commissioner. The fee for a 95
temporary permit shall be fifty dollars. 96
Sec. 5. (NEW) (Effective October 1, 2019) The Commissioner of Public 97
Health may take any disciplinary action set forth in section 19a-17 of 98
the general statutes against an art therapist for any of the following 99
reasons: (1) Failure to conform to the accepted standards of the 100
profession; (2) conviction of a felony; (3) fraud or deceit in obtaining or 101
seeking reinstatement of a license to practice art therapy; (4) fraud or 102
deceit in the practice of art therapy; (5) negligent, incompetent or 103
wrongful conduct in professional activities; (6) physical, mental or 104
emotional illness or disorder resulting in an inability to conform to the 105
accepted standards of the profession; (7) alcohol or substance abuse; or 106
(8) wilful falsification of entries in any hospital, patient or other record 107
pertaining to art therapy. The commissioner may order a license 108
holder to submit to a reasonable physical or mental examination if his 109
or her physical or mental capacity to practice safely is the subject of an 110
investigation. The commissioner may petition the superior court for 111 Committee Bill No. 5444
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the judicial district of Hartford to enforce such order or any action 112
taken pursuant to section 19a-17 of the general statutes. The 113
commissioner shall give notice and an opportunity to be heard on any 114
contemplated action under section 19a-17 of the general statutes. 115
Sec. 6. Subsection (c) of section 19a-14 of the general statutes is 116
repealed and the following is substituted in lieu thereof (Effective 117
October 1, 2019): 118
(c) No board shall exist for the following professions that are 119
licensed or otherwise regulated by the Department of Public Health: 120
(1) Speech and language pathologist and audiologist; 121
(2) Hearing instrument specialist; 122
(3) Nursing home administrator; 123
(4) Sanitarian; 124
(5) Subsurface sewage system installer or cleaner; 125
(6) Marital and family therapist; 126
(7) Nurse-midwife; 127
(8) Licensed clinical social worker; 128
(9) Respiratory care practitioner; 129
(10) Asbestos contractor, asbestos consultant and asbestos training 130
provider; 131
(11) Massage therapist; 132
(12) Registered nurse's aide; 133
(13) Radiographer; 134
(14) Dental hygienist; 135 Committee Bill No. 5444
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(15) Dietitian-Nutritionist; 136
(16) Asbestos abatement worker; 137
(17) Asbestos abatement site supervisor; 138
(18) Licensed or certified alcohol and drug counselor; 139
(19) Professional counselor; 140
(20) Acupuncturist; 141
(21) Occupational therapist and occupational therapist assistant; 142
(22) Lead abatement contractor, lead consultant contractor, lead 143
consultant, lead abatement supervisor, lead abatement worker, lead 144
training provider, lead inspector, lead inspector risk assessor and lead 145
planner-project designer; 146
(23) Emergency medical technician, advanced emergency medical 147
technician, emergency medical responder and emergency medical 148
services instructor; 149
(24) Paramedic; 150
(25) Athletic trainer; 151
(26) Perfusionist; 152
(27) Master social worker subject to the provisions of section 20-153
195v; 154
(28) Radiologist assistant, subject to the provisions of section 20-74tt; 155
(29) Homeopathic physician; 156
(30) Certified water treatment plant operator, certified distribution 157
system operator, certified small water system operator, certified 158
backflow prevention device tester and certified cross connection 159 Committee Bill No. 5444
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survey inspector, including certified limited operators, certified 160
conditional operators and certified operators in training; 161
(31) Tattoo technician; 162
(32) Genetic counselor; [and] 163
(33) Behavior analyst; and 164
(34) Art therapist. 165
The department shall assume all powers and duties normally vested 166
with a board in administering regulatory jurisdiction over such 167
professions. The uniform provisions of this chapter and chapters 368v, 168
369 to 381a, inclusive, 383 to 388, inclusive, 393a, 395, 398, 399, 400a 169
and 400c, including, but not limited to, standards for entry and 170
renewal; grounds for professional discipline; receiving and processing 171
complaints; and disciplinary sanctions, shall apply, except as otherwise 172
provided by law, to the professions listed in this subsection. 173
Sec. 7. Subdivision (1) of subsection (e) of section 19a-88 of the 174
general statutes is repealed and the following is substituted in lieu 175
thereof (Effective October 1, 2019): 176
(e) (1) Each person holding a license or certificate issued under 177
section 19a-514, 20-65k, 20-74s, 20-185k, 20-185l, 20-195cc or 20-206ll 178
and chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 179
383c, inclusive, 383g, 384, 384a, 384b, 384d, 385, 393a, 395, 399 or 400a 180
and section 20-206n or 20-206o shall, annually, during the month of 181
such person's birth, apply for renewal of such license or certificate to 182
the Department of Public Health, giving such person's name in full, 183
such person's residence and business address and such other 184
information as the department requests. 185
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 20-195mmm Committee Bill No. 5444
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Sec. 2 October 1, 2019 New section
Sec. 3 October 1, 2019 New section
Sec. 4 October 1, 2019 New section
Sec. 5 October 1, 2019 New section
Sec. 6 October 1, 2019 19a-14(c)
Sec. 7 October 1, 2019 19a-88(e)(1)
PH Joint Favorable