Florida 2023 Regular Session

Florida House Bill H0343 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 343 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to art therapy; providing a short 2
16	16	title; providing legislative findings and intent; 3
17	17	amending s. 491.003, F.S.; defining the term 4
18	18	"professional art therapist"; exempting the first art 5
19	19	therapist appointed by the Board of Clinical Social 6
20	20	Work, Marriage and Family Therapy, and Mental Health 7
21	21	Counseling from paying fees; amending s. 491.004, 8
22	22	F.S.; requiring the appointment of a licensed 9
23	23	practicing professional art therapist to the board; 10
24	24	creating s. 491.019, F.S.; providing definitions; 11
25	25	requiring the Department of Health to license 12
26	26	professional art therapists and register art therapist 13
27	27	interns if they meet specified requirements; requiring 14
28	28	an art therapist intern to practice under supervision 15
29	29	until he or she is licensed as a professional art 16
30	30	therapist; providing for licensure by endorsement; 17
31	31	requiring the board to waive licensure requirements 18
32	32	for certain applicants; requiring the board and 19
33	33	department to adopt rules establishing requirements 20
34	34	for the annual renewal of professional art therapist 21
35	35	licenses and art therapist intern registrations; 22
36	36	providing continuing education requirements; providing 23
37	37	for inactive licenses and license reactivation; 24
38	38	providing for license denial and disciplinary action; 25
39	39
40	40	HB 343 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	prohibiting the practice of professional art therapy 26
52	52	for compensation and the use of certain titles, 27
53	53	letters, abbreviations, and insignia without a valid, 28
54	54	active license; providing criminal penalties; 29
55	55	providing construction; exempting certain persons from 30
56	56	licensure and registration requirements; requiring the 31
57	57	board and department to adopt rules; providing an 32
58	58	effective date. 33
59	59	34
60	60	Be It Enacted by the Legislature of the State of Florida: 35
61	61	36
62	62	Section 1. This act may be cited as the "Professional Art 37
63	63	Therapist Licensure Act." 38
64	64	Section 2. The Legislature finds th at understanding the 39
65	65	power of art and art making to stimulate memories and reveal 40
66	66	emotions, and the skill to safely manage and interpret the 41
67	67	reactions different art processes may evoke, are competencies 42
68	68	unique to professionally trained art therapists. The Legislature 43
69	69	further finds that the practice of professional art therapy 44
70	70	presents a danger to public health, safety, and welfare if 45
71	71	applied beyond the competence of a professional art therapist or 46
72	72	if applied by an individual without the appropriate training . It 47
73	73	is the intent of this act to secure the health, safety, and 48
74	74	welfare of the public, and to assist the public in making 49
75	75	informed choices regarding art therapy services, by establishing 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	minimum qualifications for entry into and continuing practice of 51
89	89	professional art therapy. 52
90	90	Section 3. Subsections (11) through (18) of section 53
91	91	491.003, Florida Statutes, are renumbered as subsections (12) 54
92	92	through (19), respectively, and a new subsection (11) is added 55
93	93	to that section to read: 56
94	94	(11) "Professional art th erapist" means a person licensed 57
95	95	under this chapter to practice professional art therapy. 58
96	96	Section 4. The first art therapist member appointed to the 59
97	97	Board of Clinical Social Work, Marriage and Family Therapy, and 60
98	98	Mental Health Counseling under s. 491.0 04, Florida Statutes, as 61
99	99	amended by this act, must meet all qualifications, other than 62
100	100	payment of fees, to obtain a license pursuant to s. 491.019(2), 63
101	101	Florida Statutes. 64
102	102	Section 5. Subsections (1), (2), and (3) of section 65
103	103	491.004, Florida Statutes, are amended to read: 66
104	104	491.004 Board of Clinical Social Work, Marriage and Family 67
105	105	Therapy, and Mental Health Counseling. — 68
106	106	(1) There is created within the department the Board of 69
107	107	Clinical Social Work, Marriage and Family Therapy, and Mental 70
108	108	Health Counseling composed of 10 nine members appointed by the 71
109	109	Governor and confirmed by the Senate. 72
110	110	(2)(a) Seven Six members of the board shall be persons 73
111	111	licensed under this chapter as follows: 74
112	112	1. Two members shall be licensed practicing clinical 75
113	113
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
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125	125	social workers. 76
126	126	2. Two members shall be licensed practicing marriage and 77
127	127	family therapists. 78
128	128	3. Two members shall be licensed practicing mental health 79
129	129	counselors. 80
130	130	4. One member shall be a licensed practicing professional 81
131	131	art therapist. 82
132	132	(b) Three members shall be citizens of the state who are 83
133	133	not and have never been licensed in a mental health -related 84
134	134	profession and who are in no way connected with the practice of 85
135	135	any such profession. 86
136	136	(3) No later than January 1, 1988, The Governor shall 87
137	137	appoint 10 nine members of the board as follows: 88
138	138	(a) Three members for terms of 2 years each. 89
139	139	(b) Three members for terms of 3 years each. 90
140	140	(c) Three members for terms of 4 years each. 91
141	141	(d) One licensed practicing professional art therapist 92
142	142	member for a term of 4 years. 93
143	143	Section 6. Section 491.019, Florida Statutes, is created 94
144	144	to read: 95
145	145	491.019 Professional art therapy. - 96
146	146	(1) As used in this section, the term: 97
147	147	(a) "Art therapist intern" means a person registered under 98
148	148	subsection (3) who is completing the post -master's clinical 99
149	149	experience pursuant to paragraph (2)(c). 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	(b) "Board-certified art therapist" means an individual 101
163	163	who holds a credential in good standing with the Art Therapy 102
164	164	Credentials Board, Inc., or any successor organization. 103
165	165	(c) "Licensed professional ar t therapist" means an 104
166	166	individual who is licensed under this chapter to engage in the 105
167	167	practice of professional art therapy. 106
168	168	(d) "Practice of professional art therapy" means the 107
169	169	integrated use of psychotherapeutic principles and methods with 108
170	170	specialized graduate training in art media, the neurobiological 109
171	171	implications of art making, and art -based assessment models in 110
172	172	the assessment, diagnosis, prevention, treatment, and 111
173	173	amelioration of mental, developmental, behavioral, and emotional 112
174	174	disorders and conditions in clients of all ages. The term 113
175	175	includes: 114
176	176	1. The use of therapeutic art interventions to facilitate 115
177	177	alternative modes of receptive and expressive communication 116
178	178	which can circumvent the limitations of verbal articulation and 117
179	179	implementation of art -based treatment plans to help clients 118
180	180	improve cognitive, sensory, and motor functions; reduce symptoms 119
181	181	of depression, anxiety, posttraumatic stress, and attachment 120
182	182	disorders; enhance neurological, cognitive, and verbal 121
183	183	abilities; foster self -esteem and self-awareness; cultivate 122
184	184	emotional resilience; reduce and resolve conflicts, distress, 123
185	185	and grief; and enhance educational performance and social 124
186	186	functioning. 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	2. Psychological methods used to evaluate, assess, 126
200	200	diagnose, treat, and prevent emotional and mental dis orders or 127
201	201	dysfunctions, including cognitive, affective, and behavioral 128
202	202	disorders, alcoholism, and substance abuse. 129
203	203	3. Consultation, client advocacy, crisis intervention, 130
204	204	provision of needed information and education to clients, art -131
205	205	based treatments that relate to multicultural populations, 132
206	206	program evaluation, and applied research. 133
207	207	(2) The department shall issue a professional art 134
208	208	therapist license to an applicant who the board certifies has 135
209	209	met all of the following requirements: 136
210	210	(a) Has submitted a co mpleted application. 137
211	211	(b) Holds a minimum of a master's degree from an 138
212	212	accredited college or university in: 139
213	213	1. An art therapy program that was approved by the 140
214	214	American Art Therapy Association or accredited by the Commission 141
215	215	on Accreditation of Allied He alth Education Programs at the time 142
216	216	the degree was conferred; or 143
217	217	2. A program that is substantially equivalent to an 144
218	218	approved or accredited program in art therapy, as determined by 145
219	219	rule of the board. 146
220	220	(c) Has completed at least 2 years of clinical exper ience 147
221	221	in professional art therapy, which must be at the post -master's 148
222	222	level under the supervision of a licensed practicing 149
223	223	professional art therapist, a board -certified art therapist, or 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	another qualified mental health professional, as determined by 151
237	237	rule of the board. A doctoral internship may qualify as clinical 152
238	238	experience under this paragraph. 153
239	239	(d) Has passed the Art Therapy Credentials Board 154
240	240	Examination offered by the Art Therapy Credentials Board, Inc., 155
241	241	or an examination offered by any successor organi zation. 156
242	242	(e) Has demonstrated, in a manner designated by rule of 157
243	243	the board, knowledge of the laws and rules governing the 158
244	244	practice of clinical social work, marriage and family therapy, 159
245	245	mental health counseling, and professional art therapy. 160
246	246	(3)(a) If an individual intends to practice art therapy to 161
247	247	satisfy the post-master's clinical experience pursuant to 162
248	248	paragraph (2)(c), he or she must register with the department as 163
249	249	an art therapist intern before beginning such practice. 164
250	250	(b) The department shall reg ister an applicant as an art 165
251	251	therapist intern after the board certifies that he or she has 166
252	252	met all of the following requirements: 167
253	253	1. Has submitted a completed application. 168
254	254	2. Has completed the education requirements specified in 169
255	255	paragraph (2)(b). 170
256	256	3. Has submitted an acceptable supervision plan, as 171
257	257	determined by rule of the board. 172
258	258	4. Has identified a qualified supervisor, as determined by 173
259	259	rule of the board. 174
260	260	(c) An individual registered under this subsection must 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	practice under supervision until he or she is licensed as a 176
274	274	professional art therapist. 177
275	275	(4)(a) The department shall issue a license by endorsement 178
276	276	to an applicant who the board certifies has met all of the 179
277	277	following requirements: 180
278	278	1. Has submitted a completed application. 181
279	279	2. Holds a professional art therapist license in good 182
280	280	standing, or its equivalent, issued by another state or 183
281	281	jurisdiction, if the qualifications for licensure in such other 184
282	282	state or jurisdiction are equal to or greater than those 185
283	283	specified in subsection (2). 186
284	284	3. Has demonstrated, in a manner designated by rule of the 187
285	285	board, knowledge of the laws and rules governing the practice of 188
286	286	clinical social work, marriage and family therapy, mental health 189
287	287	counseling, and professional art therapy. 190
288	288	4. Has actively engaged in t he practice of professional 191
289	289	art therapy in such other state or jurisdiction for 3 of the 5 192
290	290	years immediately preceding his or her application for licensure 193
291	291	by endorsement under this subsection. 194
292	292	5. Is not under investigation for, and has not been found 195
293	293	guilty of, any act that would constitute a violation of this 196
294	294	chapter. 197
295	295	(b) The department shall waive the requirements of 198
296	296	subsection (2) and issue a professional art therapist license to 199
297	297	an applicant who, before July 1, 2024, submits a completed 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	application and demonstrates to the board that he or she has met 201
311	311	all of the following requirements: 202
312	312	1. Has passed the Art Therapy Credentials Board 203
313	313	Examination offered by the Art Therapy Credentials Board, Inc., 204
314	314	or an examination offered by any successor organizat ion. 205
315	315	2. Has engaged in the practice of professional art therapy 206
316	316	for at least 5 years, which may include up to 1 year of practice 207
317	317	under supervision, as determined by rule of the board. 208
318	318	3. Has completed appropriate training, as determined by 209
319	319	rule of the board, in the assessment, diagnosis, treatment, or 210
320	320	resolution of mental, behavioral, and emotional disorders and 211
321	321	dysfunctions as part of the approved course of study for his or 212
322	322	her master's or doctoral degree or following completion of such 213
323	323	degree. 214
324	324	4. Has demonstrated, in a manner designated by rule of the 215
325	325	board, knowledge of the laws and rules governing the practice of 216
326	326	clinical social work, marriage and family therapy, mental health 217
327	327	counseling, and professional art therapy. 218
328	328	5. Is not under investigatio n for, and has not been found 219
329	329	guilty of, any act that would constitute a violation of this 220
330	330	chapter. 221
331	331	(5)(a) The board or department shall adopt rules 222
332	332	establishing requirements for the annual renewal of professional 223
333	333	art therapist licenses. 224
334	334	(b)1. An applicant for license renewal shall present 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	satisfactory evidence that, in the period since the license was 226
348	348	issued, the applicant has completed continuing education 227
349	349	requirements, as determined by rule of the board or department. 228
350	350	2. The board or department sha ll require continuing 229
351	351	education which must include, at a minimum, the continuing 230
352	352	education requirements for maintaining national board 231
353	353	certification in good standing with the Art Therapy Credentials 232
354	354	Boards, Inc., or any successor organization. The board or 233
355	355	department may not require more than 100 hours of continuing 234
356	356	education in a 5-year period. 235
357	357	(c) Continuing education providers, programs, and courses, 236
358	358	and laws and rules governing such providers, programs, and 237
359	359	courses, must be approved by the board or de partment as 238
360	360	specified in s. 491.0085. 239
361	361	(d) The board or department shall adopt rules establishing 240
362	362	requirements for the annual renewal of art therapist intern 241
363	363	registrations. 242
364	364	(6)(a) Inactive status is the licensure status that 243
365	365	results when a licensee has applied to the department to be 244
366	366	placed on inactive status. 245
367	367	(b) An inactive license may be renewed annually. 246
368	368	(c) An inactive license may be reactivated by submitting a 247
369	369	completed application to the department. 248
370	370	(7)(a) The following acts constitute groun ds for denial of 249
371	371	a license or disciplinary action, as specified in s. 456.072(2): 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	1. Committing any act specified in s. 491.009(1). 251
385	385	2. Committing an act upon a client which would constitute 252
386	386	sexual battery or which would constitute sexual misconduct as 253
387	387	defined by rule pursuant to s. 491.0111. 254
388	388	3. Disclosing confidential information including, but not 255
389	389	limited to, records, artwork, verbal or artistic expression, or 256
390	390	assessment interpretations developed within the client -therapist 257
391	391	relationship without the c lient's explicit consent, except as 258
392	392	mandated by law or court order. 259
393	393	(b) The department may enter an order denying licensure or 260
394	394	imposing any of the penalties in s. 456.072(2) against any 261
395	395	applicant for licensure, licensee, or registered intern who is 262
396	396	found guilty of violating paragraph (a) or s. 456.072(1). 263
397	397	(8)(a) A person may not: 264
398	398	1. Practice professional art therapy for compensation 265
399	399	unless the person holds a valid, active license issued pursuant 266
400	400	to subsection (2) or subsection (4) or is a registered a rt 267
401	401	therapist intern pursuant to subsection (3). 268
402	402	2. Use the title "licensed professional art therapist," 269
403	403	"professional art therapist," or "licensed art therapist," or 270
404	404	use any letters, abbreviations, or insignia to represent himself 271
405	405	or herself as licensed to practice professional art therapy, 272
406	406	unless he or she holds a valid, active license issued pursuant 273
407	407	to subsection (2) or subsection (4) or is a registered art 274
408	408	therapist intern pursuant to subsection (3). 275
409	409
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421	421	3. Use the title "registered art therapist intern ," 276
422	422	"registered art therapist," or "art therapist intern," or use 277
423	423	any letters, abbreviations, or insignia to represent himself or 278
424	424	herself as a registered art therapist intern, unless he or she 279
425	425	holds a valid, active registration issued pursuant to subsection 280
426	426	(3). 281
427	427	4. Present as his or her own the professional art 282
428	428	therapist license or art therapist intern registration of 283
429	429	another. 284
430	430	5. Give false or forged evidence to the department or the 285
431	431	board, or a member thereof, for the purpose of obtaining a 286
432	432	license or registration. 287
433	433	6. Use or attempt to use a license or registration issued 288
434	434	pursuant to this section which has been revoked or suspended. 289
435	435	7. Knowingly conceal information relative to violations of 290
436	436	this section. 291
437	437	(b) A person who violates paragraph (a) com mits a 292
438	438	misdemeanor of the first degree, punishable as provided in s. 293
439	439	775.082 or s. 775.083. 294
440	440	(c) The department may institute appropriate judicial 295
441	441	proceedings to enjoin violations of this subsection. 296
442	442	(9) This section does not restrict the activities or 297
443	443	practice of an individual licensed or certified under this 298
444	444	chapter or any other law of this state from engaging in the 299
445	445	profession or practice for which he or she is licensed or 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456	456
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458	458	certified if he or she is providing services that are within the 301
459	459	scope of practice of his or her license or certification and 302
460	460	consistent with his or her professional training and if the 303
461	461	individual does not hold himself or herself out to the public as 304
462	462	a licensed professional art therapist or registered art 305
463	463	therapist intern under this section. 306
464	464	(10) The following persons are not required to be licensed 307
465	465	to practice professional art therapy or to be registered art 308
466	466	therapist interns under this section: 309
467	467	(a) A salaried employee of a government agency; a 310
468	468	developmental disability facility o r program; a domestic 311
469	469	violence center certified pursuant to chapter 39; a mental 312
470	470	health, alcohol, or drug abuse facility operating under chapter 313
471	471	393, chapter 394, or chapter 397; a child -placing or child-314
472	472	caring agency licensed pursuant to chapter 409; the statewide 315
473	473	child care resource and referral network operating under s. 316
474	474	1002.92; an accredited academic institution; or a research 317
475	475	institution, if such employee is performing duties for which he 318
476	476	or she was trained and hired solely within the confines of such 319
477	477	agency, facility, program, center, network, or institution, so 320
478	478	long as the employee is not held out to the public as a 321
479	479	registered art therapist intern or licensed professional art 322
480	480	therapist. 323
481	481	(b) A salaried employee of a private, nonprofit 324
482	482	organization providing counseling services to children, youth, 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
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495	495	and families, if such services are provided for no charge and 326
496	496	such employee is performing duties for which he or she was 327
497	497	trained and hired, so long as the employee is not held out to 328
498	498	the public as a register ed art therapist intern or licensed 329
499	499	professional art therapist. 330
500	500	(c) A student providing professional art therapy services 331
501	501	regulated under this section who is enrolled in a post -master's 332
502	502	or doctoral program in professional art therapy if such services 333
503	503	are provided under supervision as part of an approved course of 334
504	504	study. 335
505	505	(d) A nonresident of this state who offers professional 336
506	506	art therapy services in this state if all of the following 337
507	507	requirements are met: 338
508	508	1. The nonresident is licensed or certified to practice 339
509	509	professional art therapy in another state or territory of the 340
510	510	United States or in a foreign country or province. 341
511	511	2. Such services are performed for no more than 15 days in 342
512	512	any calendar year. 343
513	513	(11) The board and department shall adopt rules to 344
514	514	administer this section. 345
515	515	Section 7. This act shall take effect July 1, 2023. 346