HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 1 of 14
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
A bill to be entitled 1
An act relating to art therapy; providing a short 2
title; providing legislative findings and intent; 3
amending s. 491.003, F.S.; defining the term 4
"professional art therapist"; exempting the first art 5
therapist appointed by the Board of Clinical Social 6
Work, Marriage and Family Therapy, and Mental Health 7
Counseling from paying fees; amending s. 491.004, 8
F.S.; requiring the appointment of a licensed 9
practicing professional art therapist to the board; 10
creating s. 491.019, F.S.; providing definitions; 11
requiring the Department of Health to license 12
professional art therapists and register art therapist 13
interns if they meet specified requirements; requiring 14
an art therapist intern to practice under supervision 15
until he or she is licensed as a professional art 16
therapist; providing for licensure by endorsement; 17
requiring the board to waive licensure requirements 18
for certain applicants; requiring the board and 19
department to adopt rules establishing requirements 20
for the annual renewal of professional art therapist 21
licenses and art therapist intern registrations; 22
providing continuing education requirements; providing 23
for inactive licenses and license reactivation; 24
providing for license denial and disciplinary action; 25
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 2 of 14
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
prohibiting the practice of professional art therapy 26
for compensation and the use of certain titles, 27
letters, abbreviations, and insignia without a valid, 28
active license; providing criminal penalties; 29
providing construction; exempting certain persons from 30
licensure and registration requirements; requiring the 31
board and department to adopt rules; providing an 32
effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. This act may be cited as the "Professional Art 37
Therapist Licensure Act." 38
Section 2. The Legislature finds th at understanding the 39
power of art and art making to stimulate memories and reveal 40
emotions, and the skill to safely manage and interpret the 41
reactions different art processes may evoke, are competencies 42
unique to professionally trained art therapists. The Legislature 43
further finds that the practice of professional art therapy 44
presents a danger to public health, safety, and welfare if 45
applied beyond the competence of a professional art therapist or 46
if applied by an individual without the appropriate training . It 47
is the intent of this act to secure the health, safety, and 48
welfare of the public, and to assist the public in making 49
informed choices regarding art therapy services, by establishing 50
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 3 of 14
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
minimum qualifications for entry into and continuing practice of 51
professional art therapy. 52
Section 3. Subsections (11) through (18) of section 53
491.003, Florida Statutes, are renumbered as subsections (12) 54
through (19), respectively, and a new subsection (11) is added 55
to that section to read: 56
(11) "Professional art th erapist" means a person licensed 57
under this chapter to practice professional art therapy. 58
Section 4. The first art therapist member appointed to the 59
Board of Clinical Social Work, Marriage and Family Therapy, and 60
Mental Health Counseling under s. 491.0 04, Florida Statutes, as 61
amended by this act, must meet all qualifications, other than 62
payment of fees, to obtain a license pursuant to s. 491.019(2), 63
Florida Statutes. 64
Section 5. Subsections (1), (2), and (3) of section 65
491.004, Florida Statutes, are amended to read: 66
491.004 Board of Clinical Social Work, Marriage and Family 67
Therapy, and Mental Health Counseling. — 68
(1) There is created within the department the Board of 69
Clinical Social Work, Marriage and Family Therapy, and Mental 70
Health Counseling composed of 10 nine members appointed by the 71
Governor and confirmed by the Senate. 72
(2)(a) Seven Six members of the board shall be persons 73
licensed under this chapter as follows: 74
1. Two members shall be licensed practicing clinical 75
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 4 of 14
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
social workers. 76
2. Two members shall be licensed practicing marriage and 77
family therapists. 78
3. Two members shall be licensed practicing mental health 79
counselors. 80
4. One member shall be a licensed practicing professional 81
art therapist. 82
(b) Three members shall be citizens of the state who are 83
not and have never been licensed in a mental health -related 84
profession and who are in no way connected with the practice of 85
any such profession. 86
(3) No later than January 1, 1988, The Governor shall 87
appoint 10 nine members of the board as follows: 88
(a) Three members for terms of 2 years each. 89
(b) Three members for terms of 3 years each. 90
(c) Three members for terms of 4 years each. 91
(d) One licensed practicing professional art therapist 92
member for a term of 4 years. 93
Section 6. Section 491.019, Florida Statutes, is created 94
to read: 95
491.019 Professional art therapy. - 96
(1) As used in this section, the term: 97
(a) "Art therapist intern" means a person registered under 98
subsection (3) who is completing the post -master's clinical 99
experience pursuant to paragraph (2)(c). 100
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 5 of 14
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
(b) "Board-certified art therapist" means an individual 101
who holds a credential in good standing with the Art Therapy 102
Credentials Board, Inc., or any successor organization. 103
(c) "Licensed professional ar t therapist" means an 104
individual who is licensed under this chapter to engage in the 105
practice of professional art therapy. 106
(d) "Practice of professional art therapy" means the 107
integrated use of psychotherapeutic principles and methods with 108
specialized graduate training in art media, the neurobiological 109
implications of art making, and art -based assessment models in 110
the assessment, diagnosis, prevention, treatment, and 111
amelioration of mental, developmental, behavioral, and emotional 112
disorders and conditions in clients of all ages. The term 113
includes: 114
1. The use of therapeutic art interventions to facilitate 115
alternative modes of receptive and expressive communication 116
which can circumvent the limitations of verbal articulation and 117
implementation of art -based treatment plans to help clients 118
improve cognitive, sensory, and motor functions; reduce symptoms 119
of depression, anxiety, posttraumatic stress, and attachment 120
disorders; enhance neurological, cognitive, and verbal 121
abilities; foster self -esteem and self-awareness; cultivate 122
emotional resilience; reduce and resolve conflicts, distress, 123
and grief; and enhance educational performance and social 124
functioning. 125
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 6 of 14
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
2. Psychological methods used to evaluate, assess, 126
diagnose, treat, and prevent emotional and mental dis orders or 127
dysfunctions, including cognitive, affective, and behavioral 128
disorders, alcoholism, and substance abuse. 129
3. Consultation, client advocacy, crisis intervention, 130
provision of needed information and education to clients, art -131
based treatments that relate to multicultural populations, 132
program evaluation, and applied research. 133
(2) The department shall issue a professional art 134
therapist license to an applicant who the board certifies has 135
met all of the following requirements: 136
(a) Has submitted a co mpleted application. 137
(b) Holds a minimum of a master's degree from an 138
accredited college or university in: 139
1. An art therapy program that was approved by the 140
American Art Therapy Association or accredited by the Commission 141
on Accreditation of Allied He alth Education Programs at the time 142
the degree was conferred; or 143
2. A program that is substantially equivalent to an 144
approved or accredited program in art therapy, as determined by 145
rule of the board. 146
(c) Has completed at least 2 years of clinical exper ience 147
in professional art therapy, which must be at the post -master's 148
level under the supervision of a licensed practicing 149
professional art therapist, a board -certified art therapist, or 150
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 7 of 14
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
another qualified mental health professional, as determined by 151
rule of the board. A doctoral internship may qualify as clinical 152
experience under this paragraph. 153
(d) Has passed the Art Therapy Credentials Board 154
Examination offered by the Art Therapy Credentials Board, Inc., 155
or an examination offered by any successor organi zation. 156
(e) Has demonstrated, in a manner designated by rule of 157
the board, knowledge of the laws and rules governing the 158
practice of clinical social work, marriage and family therapy, 159
mental health counseling, and professional art therapy. 160
(3)(a) If an individual intends to practice art therapy to 161
satisfy the post-master's clinical experience pursuant to 162
paragraph (2)(c), he or she must register with the department as 163
an art therapist intern before beginning such practice. 164
(b) The department shall reg ister an applicant as an art 165
therapist intern after the board certifies that he or she has 166
met all of the following requirements: 167
1. Has submitted a completed application. 168
2. Has completed the education requirements specified in 169
paragraph (2)(b). 170
3. Has submitted an acceptable supervision plan, as 171
determined by rule of the board. 172
4. Has identified a qualified supervisor, as determined by 173
rule of the board. 174
(c) An individual registered under this subsection must 175
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 8 of 14
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
practice under supervision until he or she is licensed as a 176
professional art therapist. 177
(4)(a) The department shall issue a license by endorsement 178
to an applicant who the board certifies has met all of the 179
following requirements: 180
1. Has submitted a completed application. 181
2. Holds a professional art therapist license in good 182
standing, or its equivalent, issued by another state or 183
jurisdiction, if the qualifications for licensure in such other 184
state or jurisdiction are equal to or greater than those 185
specified in subsection (2). 186
3. Has demonstrated, in a manner designated by rule of the 187
board, knowledge of the laws and rules governing the practice of 188
clinical social work, marriage and family therapy, mental health 189
counseling, and professional art therapy. 190
4. Has actively engaged in t he practice of professional 191
art therapy in such other state or jurisdiction for 3 of the 5 192
years immediately preceding his or her application for licensure 193
by endorsement under this subsection. 194
5. Is not under investigation for, and has not been found 195
guilty of, any act that would constitute a violation of this 196
chapter. 197
(b) The department shall waive the requirements of 198
subsection (2) and issue a professional art therapist license to 199
an applicant who, before July 1, 2024, submits a completed 200
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 9 of 14
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
application and demonstrates to the board that he or she has met 201
all of the following requirements: 202
1. Has passed the Art Therapy Credentials Board 203
Examination offered by the Art Therapy Credentials Board, Inc., 204
or an examination offered by any successor organizat ion. 205
2. Has engaged in the practice of professional art therapy 206
for at least 5 years, which may include up to 1 year of practice 207
under supervision, as determined by rule of the board. 208
3. Has completed appropriate training, as determined by 209
rule of the board, in the assessment, diagnosis, treatment, or 210
resolution of mental, behavioral, and emotional disorders and 211
dysfunctions as part of the approved course of study for his or 212
her master's or doctoral degree or following completion of such 213
degree. 214
4. Has demonstrated, in a manner designated by rule of the 215
board, knowledge of the laws and rules governing the practice of 216
clinical social work, marriage and family therapy, mental health 217
counseling, and professional art therapy. 218
5. Is not under investigatio n for, and has not been found 219
guilty of, any act that would constitute a violation of this 220
chapter. 221
(5)(a) The board or department shall adopt rules 222
establishing requirements for the annual renewal of professional 223
art therapist licenses. 224
(b)1. An applicant for license renewal shall present 225
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 10 of 14
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
satisfactory evidence that, in the period since the license was 226
issued, the applicant has completed continuing education 227
requirements, as determined by rule of the board or department. 228
2. The board or department sha ll require continuing 229
education which must include, at a minimum, the continuing 230
education requirements for maintaining national board 231
certification in good standing with the Art Therapy Credentials 232
Boards, Inc., or any successor organization. The board or 233
department may not require more than 100 hours of continuing 234
education in a 5-year period. 235
(c) Continuing education providers, programs, and courses, 236
and laws and rules governing such providers, programs, and 237
courses, must be approved by the board or de partment as 238
specified in s. 491.0085. 239
(d) The board or department shall adopt rules establishing 240
requirements for the annual renewal of art therapist intern 241
registrations. 242
(6)(a) Inactive status is the licensure status that 243
results when a licensee has applied to the department to be 244
placed on inactive status. 245
(b) An inactive license may be renewed annually. 246
(c) An inactive license may be reactivated by submitting a 247
completed application to the department. 248
(7)(a) The following acts constitute groun ds for denial of 249
a license or disciplinary action, as specified in s. 456.072(2): 250
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 11 of 14
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
1. Committing any act specified in s. 491.009(1). 251
2. Committing an act upon a client which would constitute 252
sexual battery or which would constitute sexual misconduct as 253
defined by rule pursuant to s. 491.0111. 254
3. Disclosing confidential information including, but not 255
limited to, records, artwork, verbal or artistic expression, or 256
assessment interpretations developed within the client -therapist 257
relationship without the c lient's explicit consent, except as 258
mandated by law or court order. 259
(b) The department may enter an order denying licensure or 260
imposing any of the penalties in s. 456.072(2) against any 261
applicant for licensure, licensee, or registered intern who is 262
found guilty of violating paragraph (a) or s. 456.072(1). 263
(8)(a) A person may not: 264
1. Practice professional art therapy for compensation 265
unless the person holds a valid, active license issued pursuant 266
to subsection (2) or subsection (4) or is a registered a rt 267
therapist intern pursuant to subsection (3). 268
2. Use the title "licensed professional art therapist," 269
"professional art therapist," or "licensed art therapist," or 270
use any letters, abbreviations, or insignia to represent himself 271
or herself as licensed to practice professional art therapy, 272
unless he or she holds a valid, active license issued pursuant 273
to subsection (2) or subsection (4) or is a registered art 274
therapist intern pursuant to subsection (3). 275
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 12 of 14
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
3. Use the title "registered art therapist intern ," 276
"registered art therapist," or "art therapist intern," or use 277
any letters, abbreviations, or insignia to represent himself or 278
herself as a registered art therapist intern, unless he or she 279
holds a valid, active registration issued pursuant to subsection 280
(3). 281
4. Present as his or her own the professional art 282
therapist license or art therapist intern registration of 283
another. 284
5. Give false or forged evidence to the department or the 285
board, or a member thereof, for the purpose of obtaining a 286
license or registration. 287
6. Use or attempt to use a license or registration issued 288
pursuant to this section which has been revoked or suspended. 289
7. Knowingly conceal information relative to violations of 290
this section. 291
(b) A person who violates paragraph (a) com mits a 292
misdemeanor of the first degree, punishable as provided in s. 293
775.082 or s. 775.083. 294
(c) The department may institute appropriate judicial 295
proceedings to enjoin violations of this subsection. 296
(9) This section does not restrict the activities or 297
practice of an individual licensed or certified under this 298
chapter or any other law of this state from engaging in the 299
profession or practice for which he or she is licensed or 300
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 13 of 14
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
certified if he or she is providing services that are within the 301
scope of practice of his or her license or certification and 302
consistent with his or her professional training and if the 303
individual does not hold himself or herself out to the public as 304
a licensed professional art therapist or registered art 305
therapist intern under this section. 306
(10) The following persons are not required to be licensed 307
to practice professional art therapy or to be registered art 308
therapist interns under this section: 309
(a) A salaried employee of a government agency; a 310
developmental disability facility o r program; a domestic 311
violence center certified pursuant to chapter 39; a mental 312
health, alcohol, or drug abuse facility operating under chapter 313
393, chapter 394, or chapter 397; a child -placing or child-314
caring agency licensed pursuant to chapter 409; the statewide 315
child care resource and referral network operating under s. 316
1002.92; an accredited academic institution; or a research 317
institution, if such employee is performing duties for which he 318
or she was trained and hired solely within the confines of such 319
agency, facility, program, center, network, or institution, so 320
long as the employee is not held out to the public as a 321
registered art therapist intern or licensed professional art 322
therapist. 323
(b) A salaried employee of a private, nonprofit 324
organization providing counseling services to children, youth, 325
HB 343 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0343-00
Page 14 of 14
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
and families, if such services are provided for no charge and 326
such employee is performing duties for which he or she was 327
trained and hired, so long as the employee is not held out to 328
the public as a register ed art therapist intern or licensed 329
professional art therapist. 330
(c) A student providing professional art therapy services 331
regulated under this section who is enrolled in a post -master's 332
or doctoral program in professional art therapy if such services 333
are provided under supervision as part of an approved course of 334
study. 335
(d) A nonresident of this state who offers professional 336
art therapy services in this state if all of the following 337
requirements are met: 338
1. The nonresident is licensed or certified to practice 339
professional art therapy in another state or territory of the 340
United States or in a foreign country or province. 341
2. Such services are performed for no more than 15 days in 342
any calendar year. 343
(11) The board and department shall adopt rules to 344
administer this section. 345
Section 7. This act shall take effect July 1, 2023. 346