Florida 2024 Regular Session

Florida House Bill H0051 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 51 2024
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0051-00
9	9	Page 1 of 14
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
11	11
12	12
13	13
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"; amending s. 491.004, 5
19	19	F.S.; requiring the appointment of a licensed 6
20	20	practicing professional art therapist to the board; 7
21	21	creating s. 491.019, F.S.; providing definitions; 8
22	22	requiring the Department of Health to license 9
23	23	professional art therapists and register art therapist 10
24	24	interns if they meet specified requirements; requiring 11
25	25	an art therapist intern to practice under supervision 12
26	26	until he or she is licensed as a professional art 13
27	27	therapist; providing for licensure by endorsement; 14
28	28	requiring the board to waive licensure requirements 15
29	29	for certain applicants; requiring the board and 16
30	30	department to adopt rules establishing requirements 17
31	31	for the annual renewal of professional art therapist 18
32	32	licenses and art therapist intern registrations; 19
33	33	providing continuing education requirements; providing 20
34	34	for inactive licenses and license reactivation; 21
35	35	providing for license denial and disciplinary action; 22
36	36	prohibiting the practice of professional art therapy 23
37	37	for compensation and the use of certain titles, 24
38	38	letters, abbreviations, and insignia without a valid, 25
39	39
40	40	HB 51 2024
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0051-00
46	46	Page 2 of 14
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
48	48
49	49
50	50
51	51	active license; providing criminal penalties; 26
52	52	providing construction; exempting certain persons from 27
53	53	licensure and registration requirements; requiring the 28
54	54	board and department to adopt rules; providing a n 29
55	55	effective date. 30
56	56	31
57	57	Be It Enacted by the Legislature of the State of Florida: 32
58	58	33
59	59	Section 1. This act may be cited as the "Professional Art 34
60	60	Therapist Licensure Act." 35
61	61	Section 2. The Legislature finds that understanding the 36
62	62	power of art and art makin g to stimulate memories and reveal 37
63	63	emotions, and the skill to safely manage and interpret the 38
64	64	reactions different art processes may evoke, are competencies 39
65	65	unique to professionally trained art therapists. The Legislature 40
66	66	further finds that the practice of professional art therapy 41
67	67	presents a danger to public health, safety, and welfare if 42
68	68	applied beyond the competence of a professional art therapist or 43
69	69	if applied by an individual without the appropriate training. It 44
70	70	is the intent of this act to secure the he alth, safety, and 45
71	71	welfare of the public, and to assist the public in making 46
72	72	informed choices regarding art therapy services, by establishing 47
73	73	minimum qualifications for entry into and continuing practice of 48
74	74	professional art therapy. 49
75	75	Section 3. Subsectio ns (11) through (18) of section 50
76	76
77	77	HB 51 2024
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0051-00
83	83	Page 3 of 14
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
85	85
86	86
87	87
88	88	491.003, Florida Statutes, are renumbered as subsections (12) 51
89	89	through (19), respectively, and a new subsection (11) is added 52
90	90	to that section to read: 53
91	91	(11) "Professional art therapist" means a person licensed 54
92	92	under this chapter to practice professional art therapy. 55
93	93	Section 4. The first art therapist member appointed to the 56
94	94	Board of Clinical Social Work, Marriage and Family Therapy, and 57
95	95	Mental Health Counseling under s. 491.004, Florida Statutes, as 58
96	96	amended by this act, m ust meet all qualifications to obtain a 59
97	97	license pursuant to s. 491.019(2), Florida Statutes. 60
98	98	Section 5. Subsections (1), (2), and (3) of section 61
99	99	491.004, Florida Statutes, are amended to read: 62
100	100	491.004 Board of Clinical Social Work, Marriage and Famil y 63
101	101	Therapy, and Mental Health Counseling. — 64
102	102	(1) There is created within the department the Board of 65
103	103	Clinical Social Work, Marriage and Family Therapy, and Mental 66
104	104	Health Counseling composed of 10 nine members appointed by the 67
105	105	Governor and confirmed by the S enate. 68
106	106	(2)(a) Seven Six members of the board shall be persons 69
107	107	licensed under this chapter as follows: 70
108	108	1. Two members shall be licensed practicing clinical 71
109	109	social workers. 72
110	110	2. Two members shall be licensed practicing marriage and 73
111	111	family therapists. 74
112	112	3. Two members shall be licensed practicing mental health 75
113	113
114	114	HB 51 2024
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0051-00
120	120	Page 4 of 14
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
122	122
123	123
124	124
125	125	counselors. 76
126	126	4. One member shall be a licensed practicing professional 77
127	127	art therapist. 78
128	128	(b) Three members shall be citizens of the state who are 79
129	129	not and have never been licensed in a mental health -related 80
130	130	profession and who are in no way connected with the practice of 81
131	131	any such profession. 82
132	132	(3) No later than January 1, 1988, The Governor shall 83
133	133	appoint 11 nine members of the board as follows: 84
134	134	(a) Three members for terms of 2 years each. 85
135	135	(b) Three members for terms of 3 years each. 86
136	136	(c) Three members for terms of 4 years each. 87
137	137	(d) Two licensed practicing professional art therapist 88
138	138	member for a term of 4 years. 89
139	139	Section 6. Section 491.019, Fl orida Statutes, is created 90
140	140	to read: 91
141	141	491.019 Professional art therapy. - 92
142	142	(1) As used in this section, the term: 93
143	143	(a) "Art therapist intern" means a person registered under 94
144	144	subsection (3) who is completing the post -master's clinical 95
145	145	experience pursuant t o paragraph (2)(c). 96
146	146	(b) "Board-certified art therapist" means an individual 97
147	147	who holds a credential in good standing with the Art Therapy 98
148	148	Credentials Board, Inc., or any successor organization. 99
149	149	(c) "Licensed professional art therapist" means an 100
150	150
151	151	HB 51 2024
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0051-00
157	157	Page 5 of 14
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
159	159
160	160
161	161
162	162	individual who is licensed under this chapter to engage in the 101
163	163	practice of professional art therapy. 102
164	164	(d) "Practice of professional art therapy" means the 103
165	165	integrated use of psychotherapeutic principles and methods with 104
166	166	specialized graduate training in art media, the neurobiological 105
167	167	implications of art making, and art -based assessment models in 106
168	168	the assessment, diagnosis, prevention, treatment, and 107
169	169	amelioration of mental, developmental, behavioral, and emotional 108
170	170	disorders and conditions in clients of all ages. The t erm 109
171	171	includes: 110
172	172	1. The use of therapeutic art interventions to facilitate 111
173	173	alternative modes of receptive and expressive communication 112
174	174	which can circumvent the limitations of verbal articulation and 113
175	175	implementation of art -based treatment plans to help client s 114
176	176	improve cognitive, sensory, and motor functions; reduce symptoms 115
177	177	of depression, anxiety, posttraumatic stress, and attachment 116
178	178	disorders; enhance neurological, cognitive, and verbal 117
179	179	abilities; foster self -esteem and self-awareness; cultivate 118
180	180	emotional resilience; reduce and resolve conflicts, distress, 119
181	181	and grief; and enhance educational performance and social 120
182	182	functioning. 121
183	183	2. Psychological methods used to evaluate, assess, 122
184	184	diagnose, treat, and prevent emotional and mental disorders or 123
185	185	dysfunctions, includ ing cognitive, affective, and behavioral 124
186	186	disorders, alcoholism, and substance abuse, when used within the 125
187	187
188	188	HB 51 2024
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0051-00
194	194	Page 6 of 14
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
196	196
197	197
198	198
199	199	context and practice provided under subparagraph 1. 126
200	200	3. Consultation, client advocacy, crisis intervention, 127
201	201	provision of needed information and educa tion to clients, art -128
202	202	based treatments that relate to multicultural populations, 129
203	203	program evaluation, and applied research, when used within the 130
204	204	context and practice provided under subparagraph 1. 131
205	205	(2) The department shall issue a professional art 132
206	206	therapist license to an applicant who the board certifies has 133
207	207	met all of the following requirements: 134
208	208	(a) Has submitted a completed application. 135
209	209	(b) Holds a minimum of a master's degree from an 136
210	210	accredited college or university in: 137
211	211	1. An art therapy program tha t was approved by the 138
212	212	American Art Therapy Association or accredited by the Commission 139
213	213	on Accreditation of Allied Health Education Programs at the time 140
214	214	the degree was conferred; or 141
215	215	2. A program that is substantially equivalent to an 142
216	216	approved or accredite d program in art therapy, as determined by 143
217	217	rule of the board. 144
218	218	(c) Has completed at least 2 years of clinical experience 145
219	219	in professional art therapy, which must be at the post -master's 146
220	220	level under the supervision of a licensed practicing 147
221	221	professional art therapist, a board-certified art therapist, or 148
222	222	another qualified mental health professional, as determined by 149
223	223	rule of the board. A doctoral internship may qualify as clinical 150
224	224
225	225	HB 51 2024
226	226
227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0051-00
231	231	Page 7 of 14
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
233	233
234	234
235	235
236	236	experience under this paragraph. 151
237	237	(d) Has passed the Art Therapy Credentials Boa rd 152
238	238	Examination offered by the Art Therapy Credentials Board, Inc., 153
239	239	or an examination offered by any successor organization. 154
240	240	(e) Has demonstrated, in a manner designated by rule of 155
241	241	the board, knowledge of the laws and rules governing the 156
242	242	practice of clinical social work, marriage and family therapy, 157
243	243	mental health counseling, and professional art therapy. 158
244	244	(3)(a) If an individual intends to practice art therapy to 159
245	245	satisfy the post-master's clinical experience pursuant to 160
246	246	paragraph (2)(c), he or she must re gister with the department as 161
247	247	an art therapist intern before beginning such practice. 162
248	248	(b) The department shall register an applicant as an art 163
249	249	therapist intern after the board certifies that he or she has 164
250	250	met all of the following requirements: 165
251	251	1. Has submitted a completed application. 166
252	252	2. Has completed the education requirements specified in 167
253	253	paragraph (2)(b). 168
254	254	3. Has submitted an acceptable supervision plan, as 169
255	255	determined by rule of the board. 170
256	256	4. Has identified a qualified supervisor, as determined by 171
257	257	rule of the board. 172
258	258	(c) An individual registered under this subsection must 173
259	259	practice under supervision until he or she is licensed as a 174
260	260	professional art therapist. 175
261	261
262	262	HB 51 2024
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0051-00
268	268	Page 8 of 14
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
270	270
271	271
272	272
273	273	(4)(a) The department shall issue a license by endorsement 176
274	274	to an applicant who the board certifies has met all of the 177
275	275	following requirements: 178
276	276	1. Has submitted a completed application. 179
277	277	2. Holds a professional art therapist license in good 180
278	278	standing, or its equivalent, issued by another state or 181
279	279	jurisdiction, if the qualifications for licensure in such other 182
280	280	state or jurisdiction are equal to or greater than those 183
281	281	specified in subsection (2). 184
282	282	3. Has demonstrated, in a manner designated by rule of the 185
283	283	board, knowledge of the laws and rules governing the practice of 186
284	284	clinical social work, marriage and family therapy, mental health 187
285	285	counseling, and professional art therapy. 188
286	286	4. Has actively engaged in the practice of professional 189
287	287	art therapy in such other st ate or jurisdiction for 3 of the 5 190
288	288	years immediately preceding his or her application for licensure 191
289	289	by endorsement under this subsection. 192
290	290	5. Is not under investigation for, and has not been found 193
291	291	guilty of, any act that would constitute a violation of th is 194
292	292	chapter. 195
293	293	(b) The department shall waive the requirements of 196
294	294	subsection (2) and issue a professional art therapist license to 197
295	295	an applicant who, before July 1, 2025, submits a completed 198
296	296	application and demonstrates to the board that he or she has met 199
297	297	all of the following requirements: 200
298	298
299	299	HB 51 2024
300	300
301	301
302	302
303	303	CODING: Words stricken are deletions; words underlined are additions.
304	304	hb0051-00
305	305	Page 9 of 14
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
307	307
308	308
309	309
310	310	1. Has passed the Art Therapy Credentials Board 201
311	311	Examination offered by the Art Therapy Credentials Board, Inc., 202
312	312	or an examination offered by any successor organization. 203
313	313	2. Has engaged in the practice of professional ar t therapy 204
314	314	for at least 5 years, which may include up to 1 year of practice 205
315	315	under supervision, as determined by rule of the board. 206
316	316	3. Has completed appropriate training, as determined by 207
317	317	rule of the board, in the assessment, diagnosis, treatment, or 208
318	318	resolution of mental, behavioral, and emotional disorders and 209
319	319	dysfunctions as part of the approved course of study for his or 210
320	320	her master's or doctoral degree or following completion of such 211
321	321	degree. 212
322	322	4. Has demonstrated, in a manner designated by rule of the 213
323	323	board, knowledge of the laws and rules governing the practice of 214
324	324	clinical social work, marriage and family therapy, mental health 215
325	325	counseling, and professional art therapy. 216
326	326	5. Is not under investigation for, and has not been found 217
327	327	guilty of, any act that wo uld constitute a violation of this 218
328	328	chapter. 219
329	329	(5)(a) The board or department shall adopt rules 220
330	330	establishing requirements for the annual renewal of professional 221
331	331	art therapist licenses. 222
332	332	(b)1. An applicant for license renewal shall present 223
333	333	satisfactory evidence that, in the period since the license was 224
334	334	issued, the applicant has completed continuing education 225
335	335
336	336	HB 51 2024
337	337
338	338
339	339
340	340	CODING: Words stricken are deletions; words underlined are additions.
341	341	hb0051-00
342	342	Page 10 of 14
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
344	344
345	345
346	346
347	347	requirements, as determined by rule of the board or department. 226
348	348	2. The board or department shall require continuing 227
349	349	education which must include, at a minimum, the continuing 228
350	350	education requirements for maintaining national board 229
351	351	certification in good standing with the Art Therapy Credentials 230
352	352	Boards, Inc., or any successor organization. The board or 231
353	353	department may not require more than 100 hours of conti nuing 232
354	354	education in a 5-year period. 233
355	355	(c) Continuing education providers, programs, and courses, 234
356	356	and laws and rules governing such providers, programs, and 235
357	357	courses, must be approved by the board or department as 236
358	358	specified in s. 491.0085. 237
359	359	(d) The board or department shall adopt rules establishing 238
360	360	requirements for the annual renewal of art therapist intern 239
361	361	registrations. 240
362	362	(6)(a) Inactive status is the licensure status that 241
363	363	results when a licensee has applied to the department to be 242
364	364	placed on inactive statu s. 243
365	365	(b) An inactive license may be renewed annually. 244
366	366	(c) An inactive license may be reactivated by submitting a 245
367	367	completed application to the department. 246
368	368	(7)(a) The following acts constitute grounds for denial of 247
369	369	a license or disciplinary action, as sp ecified in s. 456.072(2): 248
370	370	1. Committing any act specified in s. 491.009(1). 249
371	371	2. Committing an act upon a client which would constitute 250
372	372
373	373	HB 51 2024
374	374
375	375
376	376
377	377	CODING: Words stricken are deletions; words underlined are additions.
378	378	hb0051-00
379	379	Page 11 of 14
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
381	381
382	382
383	383
384	384	sexual battery or which would constitute sexual misconduct as 251
385	385	defined by rule pursuant to s. 491.0111. 252
386	386	3. Disclosing confidential information including, but not 253
387	387	limited to, records, artwork, verbal or artistic expression, or 254
388	388	assessment interpretations developed within the client -therapist 255
389	389	relationship without the client's explicit consent, except as 256
390	390	mandated by law or c ourt order. 257
391	391	(b) The department may enter an order denying licensure or 258
392	392	imposing any of the penalties in s. 456.072(2) against any 259
393	393	applicant for licensure, licensee, or registered intern who is 260
394	394	found guilty of violating paragraph (a) or s. 456.072(1). 261
395	395	(8)(a) A person may not: 262
396	396	1. Practice professional art therapy for compensation 263
397	397	unless the person holds a valid, active license issued pursuant 264
398	398	to subsection (2) or subsection (4) or is a registered art 265
399	399	therapist intern pursuant to subsection (3). 266
400	400	2. Use the title "licensed professional art therapist," 267
401	401	"professional art therapist," or "licensed art therapist," or 268
402	402	use any letters, abbreviations, or insignia to represent himself 269
403	403	or herself as licensed to practice professional art therapy, 270
404	404	unless he or she holds a valid, active license issued pursuant 271
405	405	to subsection (2) or subsection (4) or is a registered art 272
406	406	therapist intern pursuant to subsection (3). 273
407	407	3. Use the title "registered art therapist intern," 274
408	408	"registered art therapist," or "art therapist intern," or use 275
409	409
410	410	HB 51 2024
411	411
412	412
413	413
414	414	CODING: Words stricken are deletions; words underlined are additions.
415	415	hb0051-00
416	416	Page 12 of 14
417	417	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
418	418
419	419
420	420
421	421	any letters, abbreviations, or insignia to represent himself or 276
422	422	herself as a registered art therapist intern, unless he or she 277
423	423	holds a valid, active registration issued pursuant to subsection 278
424	424	(3). 279
425	425	4. Present as his or her own the professi onal art 280
426	426	therapist license or art therapist intern registration of 281
427	427	another. 282
428	428	5. Give false or forged evidence to the department or the 283
429	429	board, or a member thereof, for the purpose of obtaining a 284
430	430	license or registration. 285
431	431	6. Use or attempt to use a license or registration issued 286
432	432	pursuant to this section which has been revoked or suspended. 287
433	433	7. Knowingly conceal information relative to violations of 288
434	434	this section. 289
435	435	(b) A person who violates paragraph (a) commits a 290
436	436	misdemeanor of the first degree, punishabl e as provided in s. 291
437	437	775.082 or s. 775.083. 292
438	438	(c) The department may institute appropriate judicial 293
439	439	proceedings to enjoin violations of this subsection. 294
440	440	(9) This section does not restrict the activities or 295
441	441	practice of an individual licensed or certified u nder this 296
442	442	chapter or any other law of this state from engaging in the 297
443	443	profession or practice for which he or she is licensed or 298
444	444	certified if he or she is providing services that are within the 299
445	445	scope of practice of his or her license or certification and 300
446	446
447	447	HB 51 2024
448	448
449	449
450	450
451	451	CODING: Words stricken are deletions; words underlined are additions.
452	452	hb0051-00
453	453	Page 13 of 14
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
455	455
456	456
457	457
458	458	consistent with his or her professional training and if the 301
459	459	individual does not hold himself or herself out to the public as 302
460	460	a licensed professional art therapist or registered art 303
461	461	therapist intern under this section. 304
462	462	(10) The following persons are not req uired to be licensed 305
463	463	to practice professional art therapy or to be registered art 306
464	464	therapist interns under this section: 307
465	465	(a) A salaried employee of a government agency; a 308
466	466	developmental disability facility or program; a domestic 309
467	467	violence center certified p ursuant to chapter 39; a mental 310
468	468	health, alcohol, or drug abuse facility operating under chapter 311
469	469	393, chapter 394, or chapter 397; a child -placing or child-312
470	470	caring agency licensed pursuant to chapter 409; the statewide 313
471	471	child care resource and referral networ k operating under s. 314
472	472	1002.92; an accredited academic institution; or a research 315
473	473	institution, if such employee is performing duties for which he 316
474	474	or she was trained and hired solely within the confines of such 317
475	475	agency, facility, program, center, network, or i nstitution, so 318
476	476	long as the employee is not held out to the public as a 319
477	477	registered art therapist intern or licensed professional art 320
478	478	therapist. 321
479	479	(b) A salaried employee of a private, nonprofit 322
480	480	organization providing counseling services to children, youth, 323
481	481	and families, if such services are provided for no charge and 324
482	482	such employee is performing duties for which he or she was 325
483	483
484	484	HB 51 2024
485	485
486	486
487	487
488	488	CODING: Words stricken are deletions; words underlined are additions.
489	489	hb0051-00
490	490	Page 14 of 14
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
492	492
493	493
494	494
495	495	trained and hired, so long as the employee is not held out to 326
496	496	the public as a registered art therapist intern or licensed 327
497	497	professional art therapist. 328
498	498	(c) A student providing professional art therapy services 329
499	499	regulated under this section who is enrolled in a post -master's 330
500	500	or doctoral program in professional art therapy if such services 331
501	501	are provided under supervision as part of an approve d course of 332
502	502	study. 333
503	503	(d) A nonresident of this state who offers professional 334
504	504	art therapy services in this state if all of the following 335
505	505	requirements are met: 336
506	506	1. The nonresident is licensed or certified to practice 337
507	507	professional art therapy in another stat e or territory of the 338
508	508	United States or in a foreign country or province. 339
509	509	2. Such services are performed for no more than 15 days in 340
510	510	any calendar year. 341
511	511	(11) The board and department shall adopt rules to 342
512	512	administer this section. 343
513	513	Section 7. This act s hall take effect July 1, 2024. 344