Indiana 2022 Regular Session

Indiana Senate Bill SB0317 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 317
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-15-5-1; IC 16-18-2-295; IC 25-0.5-2-22;
7	7	IC 25-23.6; IC 35-52-25.
8	8	Synopsis: Art therapy. Provides that art therapy services provided by
9	9	a certified art therapist or certified art therapist associate to an
10	10	individual who receives mental health services or to an individual who
11	11	receives services from a community mental health center are
12	12	reimbursable under Medicaid. Provides for the certification of
13	13	professional art therapists and art therapist associates by the behavioral
14	14	health and human services licensing board through the professional
15	15	licensing agency. Establishes qualifications and requirements for a
16	16	certified art therapist and certified art therapist associate. Defines
17	17	certain terms and makes conforming amendments.
18	18	Effective: July 1, 2022.
19	19	Becker
20	20	January 11, 2022, read first time and referred to Committee on Health and Provider
21	21	Services.
22	22	2022 IN 317—LS 6619/DI 144 Introduced
23	23	Second Regular Session of the 122nd General Assembly (2022)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2021 Regular Session of the General Assembly.
33	33	SENATE BILL No. 317
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	professions and occupations.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 12-15-5-1, AS AMENDED BY P.L.149-2019,
38	38	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2022]: Sec. 1. Except as provided in IC 12-15-2-12,
40	40	4 IC 12-15-6, and IC 12-15-21, the following services and supplies are
41	41	5 provided under Medicaid:
42	42	6 (1) Inpatient hospital services.
43	43	7 (2) Nursing facility services.
44	44	8 (3) Physician's services, including services provided under
45	45	9 IC 25-10-1 and IC 25-22.5-1.
46	46	10 (4) Outpatient hospital or clinic services.
47	47	11 (5) Home health care services.
48	48	12 (6) Private duty nursing services.
49	49	13 (7) Physical therapy and related services.
50	50	14 (8) Dental services.
51	51	15 (9) Prescribed laboratory and x-ray services.
52	52	16 (10) Prescribed drugs and pharmacist services.
53	53	17 (11) Eyeglasses and prosthetic devices.
54	54	2022 IN 317—LS 6619/DI 144 2
55	55	1 (12) Optometric services.
56	56	2 (13) Diagnostic, screening, preventive, and rehabilitative services.
57	57	3 (14) Podiatric medicine services.
58	58	4 (15) Hospice services.
59	59	5 (16) Services or supplies recognized under Indiana law and
60	60	6 specified under rules adopted by the office.
61	61	7 (17) Family planning services except the performance of
62	62	8 abortions.
63	63	9 (18) Nonmedical nursing care given in accordance with the tenets
64	64	10 and practices of a recognized church or religious denomination to
65	65	11 an individual qualified for Medicaid who depends upon healing
66	66	12 by prayer and spiritual means alone in accordance with the tenets
67	67	13 and practices of the individual's church or religious denomination.
68	68	14 (19) Services provided to individuals described in IC 12-15-2-8.
69	69	15 (20) Services provided under IC 12-15-34 and IC 12-15-32.
70	70	16 (21) Case management services provided to individuals described
71	71	17 in IC 12-15-2-11 and IC 12-15-2-13.
72	72	18 (22) Any other type of remedial care recognized under Indiana
73	73	19 law and specified by the United States Secretary of Health and
74	74	20 Human Services.
75	75	21 (23) Examinations required under IC 16-41-17-2(a)(10).
76	76	22 (24) Inpatient substance abuse detoxification services.
77	77	23 (25) Chronic pain management.
78	78	24 (26) Art therapy provided by an art therapist certified under
79	79	25 IC 25-23.6-10.8 to an individual who receives:
80	80	26 (A) mental health services under IC 12-17.6-4-2; or
81	81	27 (B) services from a community mental health center under
82	82	28 IC 12-29-2.
83	83	29 SECTION 2. IC 16-18-2-295, AS AMENDED BY P.L.161-2014,
84	84	30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
85	85	31 JULY 1, 2022]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
86	86	32 has the meaning set forth in IC 16-21-8-0.2.
87	87	33 (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
88	88	34 IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the
89	89	35 following:
90	90	36 (1) An individual (other than an individual who is an employee or
91	91	37 a contractor of a hospital, a facility, or an agency described in
92	92	38 subdivision (2) or (3)) who is licensed, registered, or certified as
93	93	39 a health care professional, including the following:
94	94	40 (A) A physician.
95	95	41 (B) A psychotherapist.
96	96	42 (C) A dentist.
97	97	2022 IN 317—LS 6619/DI 144 3
98	98	1 (D) A registered nurse.
99	99	2 (E) A licensed practical nurse.
100	100	3 (F) An optometrist.
101	101	4 (G) A podiatrist.
102	102	5 (H) A chiropractor.
103	103	6 (I) A physical therapist.
104	104	7 (J) A psychologist.
105	105	8 (K) An audiologist.
106	106	9 (L) A speech-language pathologist.
107	107	10 (M) A dietitian.
108	108	11 (N) An occupational therapist.
109	109	12 (O) A respiratory therapist.
110	110	13 (P) A pharmacist.
111	111	14 (Q) A sexual assault nurse examiner.
112	112	15 (R) An art therapist.
113	113	16 (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
114	114	17 described in IC 12-24-1 or IC 12-29.
115	115	18 (3) A health facility licensed under IC 16-28-2.
116	116	19 (4) A home health agency licensed under IC 16-27-1.
117	117	20 (5) An employer of a certified emergency medical technician, a
118	118	21 certified advanced emergency medical technician, or a licensed
119	119	22 paramedic.
120	120	23 (6) The state department or a local health department or an
121	121	24 employee, agent, designee, or contractor of the state department
122	122	25 or local health department.
123	123	26 (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
124	124	27 forth in IC 16-39-7-1(a).
125	125	28 (d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
126	126	29 in IC 16-48-1-3.
127	127	30 SECTION 3. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
128	128	31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
129	129	32 JULY 1, 2022]: Sec. 22. IC 25-1-2-2.1 applies to licenses or
130	130	33 certifications held by social workers, marriage and family therapists,
131	131	34 and mental health counselors, and art therapists.
132	132	35 SECTION 4. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
133	133	36 CODE AS A NEW SECTION TO READ AS FOLLOWS
134	134	37 [EFFECTIVE JULY 1, 2022]: Sec. 1.6. "Art therapist" means an
135	135	38 individual who is certified under IC 25-23.6-10.8-1.
136	136	39 SECTION 5. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
137	137	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
138	138	41 [EFFECTIVE JULY 1, 2022]: Sec. 1.7. "Art therapist associate"
139	139	42 means an individual who is certified under IC 25-23.6-10.8-2.
140	140	2022 IN 317—LS 6619/DI 144 4
141	141	1 SECTION 6. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
142	142	2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143	143	3 JULY 1, 2022]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
144	144	4 "counselor" refers to a social worker, a clinical social worker, a
145	145	5 marriage and family therapist, a mental health counselor, an addiction
146	146	6 counselor, or a clinical addiction counselor, an art therapist, or an art
147	147	7 therapist associate who is licensed or certified under this article.
148	148	8 SECTION 7. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
149	149	9 CODE AS A NEW SECTION TO READ AS FOLLOWS
150	150	10 [EFFECTIVE JULY 1, 2022]: Sec. 5.8. "Practice of art therapy"
151	151	11 means the application of art, art media, and the creative process in
152	152	12 the education, assessment, prevention, treatment, and amelioration
153	153	13 of cognitive, physical, developmental, and behavioral conditions
154	154	14 and disabilities. The term includes the:
155	155	15 (1) use of art creation to assess a client's issues with the goal
156	156	16 of improving physical, psychological, and emotional
157	157	17 functioning and well-being;
158	158	18 (2) employment of art based techniques to:
159	159	19 (A) assess levels of functioning;
160	160	20 (B) determine treatment goals; and
161	161	21 (C) implement appropriate interventions;
162	162	22 to treat a client;
163	163	23 (3) use of therapeutic interventions to facilitate alternative
164	164	24 modes of receptive and expressive communication and
165	165	25 engagement;
166	166	26 (4) use of art to help clients:
167	167	27 (A) improve cognitive and sensory motor functions;
168	168	28 (B) reduce symptoms of depression, anxiety, posttraumatic
169	169	29 stress, and attachment disorders;
170	170	30 (C) resolve conflicts and distress;
171	171	31 (D) develop interpersonal skills;
172	172	32 (E) manage behavior;
173	173	33 (F) improve social functioning; and
174	174	34 (G) achieve self-esteem and self-awareness;
175	175	35 (5) adjustment of techniques and treatments to address
176	176	36 multicultural and diversity issues; and
177	177	37 (6) provision of:
178	178	38 (A) consultation;
179	179	39 (B) referral;
180	180	40 (C) crisis intervention;
181	181	41 (D) client advocacy; and
182	182	42 (E) education;
183	183	2022 IN 317—LS 6619/DI 144 5
184	184	1 services to clients.
185	185	2 SECTION 8. IC 25-23.6-2-2, AS AMENDED BY P.L.249-2019,
186	186	3 SECTION 106, IS AMENDED TO READ AS FOLLOWS
187	187	4 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The board consists of ten (10)
188	188	5 twelve (12) members appointed by the governor. Subject to
189	189	6 IC 25-1-6.5-3, the board must include the following:
190	190	7 (1) Two (2) marriage and family therapists who:
191	191	8 (A) have at least a master's degree in marriage and family
192	192	9 therapy or a related field from an eligible postsecondary
193	193	10 educational institution;
194	194	11 (B) are licensed under this chapter; article; and
195	195	12 (C) have five (5) years of experience in marriage and family
196	196	13 therapy.
197	197	14 (2) One (1) social worker who:
198	198	15 (A) has at least a master's degree in social work from an
199	199	16 eligible postsecondary educational institution accredited by the
200	200	17 Council on Social Work Education;
201	201	18 (B) is licensed under this article; and
202	202	19 (C) has at least five (5) years of experience as a social worker.
203	203	20 (3) One (1) social services director of a hospital with a social
204	204	21 work degree who has at least three (3) years of experience in a
205	205	22 hospital setting.
206	206	23 (4) Two (2) mental health counselors who:
207	207	24 (A) have at least a master's degree in mental health counseling;
208	208	25 (B) are licensed under this article; and
209	209	26 (C) have at least five (5) years experience as a mental health
210	210	27 counselor.
211	211	28 (5) One (1) consumer who has never been credentialed under this
212	212	29 article.
213	213	30 (6) One (1) physician licensed under IC 25-22.5 who has training
214	214	31 in psychiatric medicine.
215	215	32 (7) Two (2) licensed clinical addiction counselors who:
216	216	33 (A) are licensed under IC 25-23.6-10.5; and
217	217	34 (B) have at least five (5) years experience in clinical addiction
218	218	35 counseling.
219	219	36 (8) Two (2) art therapists who:
220	220	37 (A) have at least a master's degree in art therapy;
221	221	38 (B) are certified under this article; and
222	222	39 (C) have at least five (5) years experience as an art
223	223	40 therapist.
224	224	41 (b) Not more than six (6) seven (7) members of the board may be
225	225	42 from the same political party.
226	226	2022 IN 317—LS 6619/DI 144 6
227	227	1 (c) A member appointed:
228	228	2 (1) before July 1, 2019, serves a three (3) year term; and
229	229	3 (2) after June 30, 2019, serves a term under IC 25-1-6.5.
230	230	4 SECTION 9. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
231	231	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
232	232	6 JULY 1, 2022]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
233	233	7 establishing standards for the following:
234	234	8 (1) The competent practice of marriage and family therapy,
235	235	9 bachelor's degree social work, social work, clinical social work,
236	236	10 mental health counseling, addiction counseling, and clinical
237	237	11 addiction counseling, and art therapy.
238	238	12 (2) The renewal of licenses or certifications issued under this
239	239	13 article.
240	240	14 (3) Standards for the administration of this article.
241	241	15 (4) Continuing education requirements for an individual seeking
242	242	16 renewal of licensure or certification as a bachelor's degree social
243	243	17 worker, social worker, clinical social worker, or marriage and
244	244	18 family therapist, art therapist, or art therapist associate.
245	245	19 (5) The retention of patient records and reports by a counselor.
246	246	20 (6) The approval of continuing education providers, programs,
247	247	21 courses, fees, and proof of course completion.
248	248	22 (b) The board shall establish fees under IC 25-1-8-2.
249	249	23 (c) The board shall do the following:
250	250	24 (1) Consider the qualifications of individuals who apply for a
251	251	25 license or certification under this article.
252	252	26 (2) Provide for examinations required under this article.
253	253	27 (3) Subject to IC 25-1-8-6, renew licenses or certifications under
254	254	28 this article.
255	255	29 (4) Conduct proceedings under IC 25-1-9.
256	256	30 SECTION 10. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
257	257	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
258	258	32 [EFFECTIVE JULY 1, 2022]: Sec. 9.7. (a) The art therapist section
259	259	33 of the board is established. The section consists of the following:
260	260	34 (1) Two (2) art therapist members of the board.
261	261	35 (2) Two (2) consumer members of the board.
262	262	36 (3) One (1) physician member of the board.
263	263	37 (b) Three (3) members of the art therapist section, two (2) of
264	264	38 whom must be art therapists, constitute a quorum.
265	265	39 SECTION 11. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
266	266	40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
267	267	41 JULY 1, 2022]: Sec. 11. The social worker, marriage and family
268	268	42 therapist, mental health counselor, and addiction counselor, and art
269	269	2022 IN 317—LS 6619/DI 144 7
270	270	1 therapist sections of the board shall do the following:
271	271	2 (1) Approve continuing education courses authorized under this
272	272	3 article.
273	273	4 (2) Propose rules to the board concerning the practice of the
274	274	5 profession regulated by each section.
275	275	6 (3) Other duties as directed by the board.
276	276	7 SECTION 12. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
277	277	8 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
278	278	9 [EFFECTIVE JULY 1, 2022]:
279	279	10 Chapter 4.7. Art Therapists; Unlawful Practices
280	280	11 Sec. 1. This chapter applies after December 31, 2022.
281	281	12 Sec. 2. (a) An individual may not:
282	282	13 (1) profess to be a certified art therapist;
283	283	14 (2) use the title:
284	284	15 (A) "certified art therapist"; or
285	285	16 (B) "art therapist"; or
286	286	17 (3) use any other words, letters, abbreviations, or insignia
287	287	18 indicating or implying that the individual is a certified art
288	288	19 therapist;
289	289	20 unless the individual is certified under this article.
290	290	21 (b) An individual may not:
291	291	22 (1) profess to be a certified art therapist associate;
292	292	23 (2) use the title:
293	293	24 (A) "certified art therapist associate"; or
294	294	25 (B) "art therapist associate"; or
295	295	26 (3) use any other words, letters, abbreviations, or insignia
296	296	27 indicating or implying that the individual is a certified art
297	297	28 therapist associate;
298	298	29 unless the individual is certified under this article.
299	299	30 Sec. 3. (a) This article may not be construed to limit the practice
300	300	31 of art therapy performed by an individual who does not use a title
301	301	32 specified in this article and who is one (1) of the following:
302	302	33 (1) A student, an intern, or a trainee pursuing a course of
303	303	34 study in art therapy to gain certification under this article in
304	304	35 an accredited postsecondary educational institution if:
305	305	36 (A) the services are performed under qualified supervision
306	306	37 and constitute a part of the individual's supervised course
307	307	38 of study or other level of supervision; and
308	308	39 (B) the student or graduate uses a title that contains the
309	309	40 term "student", "intern", or "trainee".
310	310	41 (2) Not a resident of Indiana if the individual performed the
311	311	42 services in Indiana for not more than five (5) days in any one
312	312	2022 IN 317—LS 6619/DI 144 8
313	313	1 (1) month or fifteen (15) days within any one (1) calendar year
314	314	2 and the person is authorized to perform such services under
315	315	3 the laws of the state or country in which the individual
316	316	4 resides.
317	317	5 (3) A rabbi, priest, Christian Science practitioner, minister, or
318	318	6 other member of the clergy.
319	319	7 (4) An employee or a volunteer for an organization
320	320	8 performing charitable, religious, or educational functions,
321	321	9 providing pastoral counseling, or providing other assistance.
322	322	10 (5) An individual who is certified by a state or national
323	323	11 organization that is recognized by the Indiana division of
324	324	12 mental health and addiction and who provides services in the
325	325	13 areas of alcohol or drug abuse addiction.
326	326	14 (6) A governmental employee who remains in the same job
327	327	15 classification or job family of that job classification.
328	328	16 (b) This article may not be construed to prohibit or limit any
329	329	17 service or treatment that involves the use of art or art media by a
330	330	18 licensed health care professional who:
331	331	19 (1) is acting within the scope of the person's license; and
332	332	20 (2) does not use a title specified in this article.
333	333	21 (c) Nothing in this section prohibits a person referred to in
334	334	22 subsection (a) from qualifying for certification under this article.
335	335	23 Sec. 4. (a) An individual who is certified as an art therapist
336	336	24 shall:
337	337	25 (1) display the certificate or a clear copy of the certificate at
338	338	26 each location where the art therapist regularly practices; and
339	339	27 (2) include the words "art therapist" or the letters "AT" on
340	340	28 all promotional materials, including business cards,
341	341	29 brochures, stationery, advertisements, and signs that name
342	342	30 the individual.
343	343	31 (b) An individual who is certified as an art therapist associate
344	344	32 shall:
345	345	33 (1) display the certificate or a clear copy of the certificate at
346	346	34 each location where the art therapist associate regularly
347	347	35 practices; and
348	348	36 (2) include the words "art therapist associate" or the letters
349	349	37 "ATA" on all promotional materials, including business
350	350	38 cards, brochures, stationery, advertisements, and signs that
351	351	39 name the individual.
352	352	40 Sec. 5. An individual who knowingly or intentionally violates
353	353	41 this chapter after December 31, 2022, commits a Class A
354	354	42 misdemeanor.
355	355	2022 IN 317—LS 6619/DI 144 9
356	356	1 SECTION 13. IC 25-23.6-7-1 IS AMENDED TO READ AS
357	357	2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) This chapter
358	358	3 applies to an individual licensed or certified under this article.
359	359	4 (b) This chapter does not apply to:
360	360	5 (1) physicians licensed under IC 25-22.5;
361	361	6 (2) nurses licensed under IC 25-23;
362	362	7 (3) psychologists licensed under IC 25-33; or
363	363	8 (4) attorneys licensed to practice law in Indiana;
364	364	9 when providing counseling services within the scope of practice for
365	365	10 which they are licensed.
366	366	11 SECTION 14. IC 25-23.6-7-5 IS AMENDED TO READ AS
367	367	12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. As used in this
368	368	13 chapter, "counselor" means an individual licensed or certified under
369	369	14 this article who provides counseling services on a fee-for-services,
370	370	15 prepaid, or other compensatory basis.
371	371	16 SECTION 15. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
372	372	17 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
373	373	18 JULY 1, 2022]: Sec. 2. (a) This article may not be construed to limit
374	374	19 addiction counselor or clinical addiction counselor services performed
375	375	20 by a person who does not use a title specified in this article and who is
376	376	21 any of the following:
377	377	22 (1) A licensed or certified health care professional acting within
378	378	23 the scope of the person's license or certificate, including: a:
379	379	24 (A) a social worker licensed under this article;
380	380	25 (B) a clinical social worker licensed under this article;
381	381	26 (C) a marriage and family therapist licensed under this article;
382	382	27 (D) a mental health counselor licensed under this article;
383	383	28 (E) a psychologist licensed under IC 25-33;
384	384	29 (F) a physician licensed under IC 25-22.5; or
385	385	30 (G) a nurse licensed under IC 25-23; or
386	386	31 (H) an art therapist or art therapist associate certified
387	387	32 under this article;
388	388	33 and who has training and experience in addiction counseling.
389	389	34 (2) A student, an intern, or a trainee pursuing a course of study in
390	390	35 medicine or psychology or a course of study to gain licensure
391	391	36 under this article as follows:
392	392	37 (A) In an accredited eligible postsecondary educational
393	393	38 institution or training institution recognized by the Council for
394	394	39 Higher Education Accreditation (CHEA) for undergraduate
395	395	40 and graduate institutions. Accreditation by the Council for
396	396	41 Accreditation of Counseling and Related Educational
397	397	42 Programs or a substantially equivalent accreditation program
398	398	2022 IN 317—LS 6619/DI 144 10
399	399	1 approved by the board is required for graduate institutions.
400	400	2 (B) Through a National Association of Alcohol and Drug
401	401	3 Abuse Counselors approved academic education provider; or
402	402	4 (C) By a graduate accumulating experience required for
403	403	5 licensure if:
404	404	6 (i) the services are performed under qualified supervision
405	405	7 and constitute a part of the person's supervised course of
406	406	8 study or other level of supervision; and
407	407	9 (ii) the student or graduate uses a title that contains the term
408	408	10 "intern", "student", or "trainee".
409	409	11 (3) A nonresident of Indiana if the person performs addiction
410	410	12 counseling or therapy in Indiana for not more than:
411	411	13 (A) five (5) days in any one (1) month; or
412	412	14 (B) fifteen (15) days in any one (1) calendar year;
413	413	15 and the person is authorized to perform such services under the
414	414	16 laws of the state or country in which the person resides.
415	415	17 (4) A rabbi, priest, Christian Science practitioner, minister, or
416	416	18 other member of the clergy.
417	417	19 (5) An employee or a volunteer for an organization performing
418	418	20 charitable, religious, or educational functions or providing
419	419	21 pastoral counseling or other assistance.
420	420	22 (6) A person who provides school counseling.
421	421	23 (7) A governmental employee who remains in the same job
422	422	24 classification or job family of that job classification.
423	423	25 (8) An employee of a court alcohol and drug program, a drug
424	424	26 court, or a reentry court certified by the office of judicial
425	425	27 administration when performing assigned job duties.
426	426	28 (9) A probation officer when performing assigned job duties.
427	427	29 (b) This section does not prohibit a person referred to in subsection
428	428	30 (a) from qualifying for licensure under this article.
429	429	31 SECTION 16. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
430	430	32 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
431	431	33 [EFFECTIVE JULY 1, 2022]:
432	432	34 Chapter 10.8. Art Therapist Certification
433	433	35 Sec. 1. (a) An individual who applies to be certified as an art
434	434	36 therapist must furnish satisfactory evidence to the board that the
435	435	37 individual:
436	436	38 (1) has received:
437	437	39 (A) a master's or doctoral degree from an accredited
438	438	40 postsecondary educational institution in a program in art
439	439	41 therapy, or a related field as approved by the board, that:
440	440	42 (i) is approved by the American Art Therapy Association
441	441	2022 IN 317—LS 6619/DI 144 11
442	442	1 or accredited by the Commission on Accreditation of
443	443	2 Allied Health Education Programs; or
444	444	3 (ii) is determined by the board to be substantially
445	445	4 equivalent to an approved or accredited program in art
446	446	5 therapy under sections 3 and 4 of this chapter; or
447	447	6 (B) at least a master's degree from an accredited
448	448	7 postsecondary educational institution in a program or
449	449	8 course of studies that:
450	450	9 (i) is determined by the board to meet the educational
451	451	10 requirements under sections 3 and 4 of this chapter; or
452	452	11 (ii) has been accepted by the Art Therapy Credentials
453	453	12 Board, Inc., or a successor organization, as meeting the
454	454	13 educational requirements to qualify an individual for a
455	455	14 credential as a registered art therapist;
456	456	15 (2) has met the work experience requirements under section
457	457	16 5 of this chapter;
458	458	17 (3) has not been convicted of a crime that has a direct bearing
459	459	18 on the individual's ability to practice competently;
460	460	19 (4) has not been the subject of a disciplinary action by a
461	461	20 licensing or certification agency of another state or
462	462	21 jurisdiction prohibiting the individual from practicing as an
463	463	22 art therapist or art therapist associate;
464	464	23 (5) pays the fee established by the board; and
465	465	24 (6) has passed an examination provided by the board.
466	466	25 (b) An individual who applies to be certified as an art therapist
467	467	26 under this section, except as provided in section 14 of this chapter,
468	468	27 must furnish satisfactory evidence to the board that the individual:
469	469	28 (1) holds a valid art therapist associate certificate issued
470	470	29 under section 2 of this chapter and has met the work
471	471	30 experience requirements under section 5 of this chapter;
472	472	31 (2) has met the work experience requirements under section
473	473	32 5 of this chapter in another state or jurisdiction; or
474	474	33 (3) is licensed or certified to practice as an art therapist in
475	475	34 another state or jurisdiction under section 12 of this chapter.
476	476	35 Sec. 2. (a) An individual who applies to be certified as an art
477	477	36 therapist associate must furnish satisfactory evidence to the board
478	478	37 that the individual has:
479	479	38 (1) received a master's or doctoral degree in art therapy that
480	480	39 meets the requirements under section 1(a)(1) of this chapter;
481	481	40 (2) not been convicted of a crime that has a direct bearing on
482	482	41 the individual's ability to practice competently;
483	483	42 (3) not been the subject of a disciplinary action by a licensing
484	484	2022 IN 317—LS 6619/DI 144 12
485	485	1 or certification agency of another state or jurisdiction
486	486	2 prohibiting the individual from practicing as an art therapist
487	487	3 or art therapist associate; and
488	488	4 (4) paid a fee established by the board.
489	489	5 (b) The board may require an individual who applies to be
490	490	6 certified as an art therapist associate to pass an examination
491	491	7 administered by an entity approved by the board.
492	492	8 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
493	493	9 of this chapter, an individual who applies for certification as an art
494	494	10 therapist or art therapist associate must:
495	495	11 (1) have received a master's or doctoral degree that meets the
496	496	12 educational requirements for certification under section
497	497	13 1(a)(1) of this chapter; and
498	498	14 (2) have attended an eligible postsecondary educational
499	499	15 institution that meets the following requirements:
500	500	16 (A) If the institution is located in the United States or a
501	501	17 territory of the United States, the institution must be
502	502	18 accredited by a regional accrediting body recognized by
503	503	19 the Council for Higher Education Accreditation.
504	504	20 (B) If the institution is located in Canada, the institution
505	505	21 must be a member in good standing with the Association of
506	506	22 Universities and Colleges of Canada.
507	507	23 (C) If the institution is located in a foreign country other
508	508	24 than Canada, the institution must:
509	509	25 (i) be recognized as a program to train in the practice of
510	510	26 mental health counseling or psychotherapy; and
511	511	27 (ii) have maintained a standard of training that is
512	512	28 substantially equivalent to the standards of institutions
513	513	29 accredited by a regional accrediting body recognized by
514	514	30 the Council for Higher Education Accreditation.
515	515	31 (b) An individual who applies to be certified as an art therapist
516	516	32 under section 1 of this chapter or as an art therapist associate
517	517	33 under section 2 of this chapter and who has a master's or doctoral
518	518	34 degree from a program that did not emphasize art therapy may
519	519	35 complete the course work requirements from an institution:
520	520	36 (1) with a program in art therapy accredited by the
521	521	37 Commission on Accreditation of Allied Health Education
522	522	38 Programs; or
523	523	39 (2) that is accredited by a regional accrediting body
524	524	40 recognized by the Council for Higher Education
525	525	41 Accreditation, as approved by the board.
526	526	42 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
527	527	2022 IN 317—LS 6619/DI 144 13
528	528	1 of this chapter, the board may determine that an individual's
529	529	2 graduate level education program or course of study is
530	530	3 substantially equivalent to an approved or accredited program in
531	531	4 art therapy if the individual has completed the following
532	532	5 requirements:
533	533	6 (1) Except as provided in subsection (b), complete qualifying
534	534	7 course work that must include graduate level course credits
535	535	8 in at least the following content areas:
536	536	9 (A) Application of art therapy with people in different
537	537	10 treatment settings.
538	538	11 (B) Art therapy assessment.
539	539	12 (C) Counseling or psychological theories.
540	540	13 (D) Ethical and legal issues of art therapy practice.
541	541	14 (E) Group art therapy.
542	542	15 (F) History of art therapy.
543	543	16 (G) Human growth and development.
544	544	17 (H) Matters of cultural and social diversity bearing on the
545	545	18 practice of art therapy.
546	546	19 (I) Psychopathology or abnormal psychology.
547	547	20 (J) Psychological assessment.
548	548	21 (K) Research.
549	549	22 (L) Standards of good art therapy practice.
550	550	23 (M) Techniques of practice in art therapy.
551	551	24 (N) Theory of art therapy.
552	552	25 The content areas may be combined into any one (1) graduate
553	553	26 level course if the applicant can prove that the course
554	554	27 included instruction in all cognitive, psychomotor, and
555	555	28 behavior competencies required in the content area for
556	556	29 competent entry level practice of art therapy.
557	557	30 (2) At least one (1):
558	558	31 (A) supervised clinical practicum of at least one hundred
559	559	32 (100) hours; or
560	560	33 (B) qualifying internship or field experience in an art
561	561	34 therapy setting of at least six hundred (600) hours.
562	562	35 The requirements under clauses (A) and (B) may be met by
563	563	36 experience away from a postsecondary educational
564	564	37 institution, but that is certified by an official of that institution
565	565	38 as equivalent to a graduate level practicum or internship
566	566	39 program.
567	567	40 (b) The following may not be used to satisfy the educational
568	568	41 requirements under subsection (a):
569	569	42 (1) Thesis or dissertation work.
570	570	2022 IN 317—LS 6619/DI 144 14
571	571	1 (2) Practicums.
572	572	2 (3) Internships.
573	573	3 (4) Fieldwork.
574	574	4 Sec. 5. (a) An individual who applies for certification as an art
575	575	5 therapist must have:
576	576	6 (1) at least two (2) years of paid or volunteer supervised work
577	577	7 experience in the delivery of art therapy services; and
578	578	8 (2) supervised work experience conducted according to
579	579	9 requirements in subsections (b) through (g).
580	580	10 (b) An individual who applies for certification as an art
581	581	11 therapist must have:
582	582	12 (1) at least three thousand (3,000) hours of postgraduate work
583	583	13 experience in a clinical setting under supervision of a qualified
584	584	14 supervisor;
585	585	15 (2) at least one thousand (1,000) hours of contact with clients;
586	586	16 and
587	587	17 (3) at least one hundred (100) hours of face-to-face supervised
588	588	18 training with a qualified supervisor.
589	589	19 (c) A qualified supervisor may be a certified art therapist, a
590	590	20 board certified art therapist, or other licensed mental health
591	591	21 professional who has met standards for supervision specified in
592	592	22 rules approved by the board.
593	593	23 (d) A qualified supervisor must observe the successful
594	594	24 application of art therapy knowledge, skills, and values in the
595	595	25 diagnosis and treatment of psychological function, disability, or
596	596	26 impairment.
597	597	27 (e) Except as provided in subsection (f), the work experience
598	598	28 requirement may be met by work performed either at the premises
599	599	29 of the supervisor or away from the premises of the supervisor.
600	600	30 (f) The work experience requirement may not be performed
601	601	31 away from the premises of the supervisor if:
602	602	32 (1) the work premises is the independent private practice of a
603	603	33 certified art therapist or qualified supervisor; and
604	604	34 (2) the work is not performed at a place that has the
605	605	35 supervision of a certified art therapist or qualified supervisor.
606	606	36 (g) A doctoral internship may be applied toward the supervised
607	607	37 work experience requirement.
608	608	38 Sec. 6. An individual who satisfies the requirements of section
609	609	39 1(a)(1) through 1(a)(5) of this chapter may take the examination
610	610	40 provided by the board.
611	611	41 Sec. 7. The board shall provide for examinations to be given at
612	612	42 least once each year at times and places established by the board.
613	613	2022 IN 317—LS 6619/DI 144 15
614	614	1 Sec. 8. (a) The board shall issue an art therapist certificate to an
615	615	2 applicant under section 1 of this chapter who:
616	616	3 (1) achieves a passing score on the examination under this
617	617	4 chapter; and
618	618	5 (2) is otherwise qualified under this chapter.
619	619	6 (b) The board shall issue an art therapist associate certificate to
620	620	7 an applicant under section 2 of this chapter who is otherwise
621	621	8 qualified under this chapter.
622	622	9 (c) A person issued a certificate under this section may engage
623	623	10 in the practice of art therapy.
624	624	11 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist certificate
625	625	12 issued by the board is valid for the remainder of the renewal
626	626	13 period in effect on the date the certificate was issued.
627	627	14 (b) An individual may renew an art therapist certificate by:
628	628	15 (1) paying a renewal fee on or before the expiration date of
629	629	16 the certificate; and
630	630	17 (2) completing at least twenty (20) hours of continuing
631	631	18 education each certification year.
632	632	19 (c) If an individual fails to pay a renewal fee on or before the
633	633	20 expiration of a certificate, the certificate becomes invalid.
634	634	21 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
635	635	22 certificate issued by the board is valid for the remainder of the
636	636	23 renewal period in effect on the date the certificate was issued.
637	637	24 (b) An individual may renew an art therapist associate
638	638	25 certificate two (2) times by paying a renewal fee on or before the
639	639	26 expiration date of the certificate.
640	640	27 (c) If an individual fails to pay a renewal fee on or before the
641	641	28 expiration of a certificate, the certificate becomes invalid.
642	642	29 (d) The board may renew an art therapist associate certificate
643	643	30 for additional periods at the board's discretion.
644	644	31 (e) An art therapist associate certificate expires when:
645	645	32 (1) the individual is issued an art therapist certificate under
646	646	33 this chapter;
647	647	34 (2) the board denies the individual's application for an art
648	648	35 therapist certificate under this chapter; or
649	649	36 (3) the individual fails to apply for renewal of the art therapist
650	650	37 associate certificate under this chapter.
651	651	38 Sec. 11. (a) The board may reinstate an invalid art therapist
652	652	39 certificate issued under section 9 of this chapter up to three (3)
653	653	40 years after the expiration date of the certificate if the individual
654	654	41 holding the invalid certificate meets the requirements under
655	655	42 IC 25-1-8-6.
656	656	2022 IN 317—LS 6619/DI 144 16
657	657	1 (b) If more than three (3) years have elapsed since the date an
658	658	2 art therapist certificate expired, the individual holding the
659	659	3 certificate may renew the certificate by satisfying the requirements
660	660	4 for renewal established by the board and meeting the requirements
661	661	5 under IC 25-1-8-6.
662	662	6 (c) The board may reinstate an invalid art therapist associate
663	663	7 certificate issued under section 10 of this chapter up to one (1) year
664	664	8 after the expiration date of the certificate if the individual holding
665	665	9 the invalid certificate meets the requirements under IC 25-1-8-6.
666	666	10 An art therapist associate certificate that has been expired for
667	667	11 more than one (1) year may not be reinstated under IC 25-1-8-6.
668	668	12 Sec. 12. The board shall issue an art therapist certificate to an
669	669	13 individual if the individual:
670	670	14 (1) has a valid license or certificate to practice art therapy
671	671	15 from another state or jurisdiction;
672	672	16 (2) has engaged in at least three (3) years of full-time,
673	673	17 postdegree practice of art therapy, or its equivalent in
674	674	18 part-time practice as determined by the board;
675	675	19 (3) has passed an examination substantially equivalent to the
676	676	20 examination provided by the board under this chapter;
677	677	21 (4) has not been the subject of a disciplinary action by a
678	678	22 licensing or certification agency of another state or
679	679	23 jurisdiction prohibiting the individual from practicing as an
680	680	24 art therapist or art therapist associate without endangering
681	681	25 the public; and
682	682	26 (5) has paid a fee established by the board.
683	683	27 Sec. 13. (a) An individual who has an art therapist certificate
684	684	28 under this chapter shall notify the board in writing when the
685	685	29 individual retires from practice.
686	686	30 (b) Upon receipt of the notice, the board shall:
687	687	31 (1) record the individual as retired;
688	688	32 (2) release the individual from further payment of renewal
689	689	33 fees; and
690	690	34 (3) release the individual from further continuing education
691	691	35 requirements.
692	692	36 Sec. 14. The board may waive the requirements of section
693	693	37 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy
694	694	38 certificate to an individual who furnishes satisfactory evidence to
695	695	39 the board that the individual:
696	696	40 (1) is a resident of Indiana;
697	697	41 (2) holds a credential in good standing as a board certified art
698	698	42 therapist with the Art Therapy Credentials Board;
699	699	2022 IN 317—LS 6619/DI 144 17
700	700	1 (3) has at least three (3) years of full-time, postdegree practice
701	701	2 of art therapy, or its equivalent in part-time practice prior to
702	702	3 submitting an application to the board;
703	703	4 (4) does not have a conviction for a crime that has a direct
704	704	5 bearing on the individual's ability to practice competently;
705	705	6 (5) has not been the subject of a disciplinary action by a
706	706	7 licensing or certification agency of another state or
707	707	8 jurisdiction prohibiting the individual from practicing as an
708	708	9 art therapist or art therapist associate without endangering
709	709	10 the public; and
710	710	11 (6) has paid the fee established by the board.
711	711	12 SECTION 17. IC 25-23.6-11-1, AS AMENDED BY P.L.129-2018,
712	712	13 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
713	713	14 JULY 1, 2022]: Sec. 1. (a) Except for an individual who is licensed
714	714	15 under IC 25-22.5, is licensed under IC 25-33, is an advanced practice
715	715	16 registered nurse (as defined by IC 25-23-1-1(b)), or is licensed or
716	716	17 certified under this article, and who uses the terms within the scope of
717	717	18 the individual's education, training, and licensure, an individual may
718	718	19 not knowingly describe services the individual performs using the
719	719	20 following terms:
720	720	21 (1) "Psychotherapy".
721	721	22 (2) "Clinical psychology".
722	722	23 (b) An individual who violates this section commits a Class A
723	723	24 misdemeanor.
724	724	25 SECTION 18. IC 25-23.6-11-2 IS AMENDED TO READ AS
725	725	26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) An individual
726	726	27 may not knowingly use a license or certificate issued under this article
727	727	28 unless:
728	728	29 (1) the license or certificate was issued to the individual; and
729	729	30 (2) the license or certificate is valid.
730	730	31 (b) An individual who violates this section commits a Class A
731	731	32 misdemeanor.
732	732	33 SECTION 19. IC 25-23.6-11-3 IS AMENDED TO READ AS
733	733	34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) An individual
734	734	35 may not knowingly present false or forged information or documents
735	735	36 to the board for the purpose of obtaining a license or certificate under
736	736	37 this article.
737	737	38 (b) An individual who violates this section commits a Class A
738	738	39 misdemeanor.
739	739	40 SECTION 20. IC 35-52-25-31.5 IS ADDED TO THE INDIANA
740	740	41 CODE AS A NEW SECTION TO READ AS FOLLOWS
741	741	42 [EFFECTIVE JULY 1, 2022]: Sec. 31.5. IC 25-23.6-4.7-5 defines a
742	742	2022 IN 317—LS 6619/DI 144 18
743	743	1 crime concerning art therapists.
744	744	2 SECTION 21. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
745	745	3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
746	746	4 JULY 1, 2022]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
747	747	5 marriage and family therapists. a description of services an
748	748	6 individual performs.
749	749	7 SECTION 22. IC 35-52-25-35, AS ADDED BY P.L.169-2014,
750	750	8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
751	751	9 JULY 1, 2022]: Sec. 35. IC 25-23.6-11-2 defines a crime concerning
752	752	10 marriage and family therapists. the use of a license or certificate
753	753	11 issued.
754	754	12 SECTION 23. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
755	755	13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756	756	14 JULY 1, 2022]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
757	757	15 marriage and family therapists. false or forged information or
758	758	16 documents.
759	759	2022 IN 317—LS 6619/DI 144