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