Introduced Version
SENATE BILL No. 317
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-15-5-1; IC 16-18-2-295; IC 25-0.5-2-22;
IC 25-23.6; IC 35-52-25.
Synopsis: Art therapy. Provides that art therapy services provided by
a certified art therapist or certified art therapist associate to an
individual who receives mental health services or to an individual who
receives services from a community mental health center are
reimbursable under Medicaid. Provides for the certification of
professional art therapists and art therapist associates by the behavioral
health and human services licensing board through the professional
licensing agency. Establishes qualifications and requirements for a
certified art therapist and certified art therapist associate. Defines
certain terms and makes conforming amendments.
Effective: July 1, 2022.
Becker
January 11, 2022, read first time and referred to Committee on Health and Provider
Services.
2022 IN 317—LS 6619/DI 144 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 317
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-15-5-1, AS AMENDED BY P.L.149-2019,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. Except as provided in IC 12-15-2-12,
4 IC 12-15-6, and IC 12-15-21, the following services and supplies are
5 provided under Medicaid:
6 (1) Inpatient hospital services.
7 (2) Nursing facility services.
8 (3) Physician's services, including services provided under
9 IC 25-10-1 and IC 25-22.5-1.
10 (4) Outpatient hospital or clinic services.
11 (5) Home health care services.
12 (6) Private duty nursing services.
13 (7) Physical therapy and related services.
14 (8) Dental services.
15 (9) Prescribed laboratory and x-ray services.
16 (10) Prescribed drugs and pharmacist services.
17 (11) Eyeglasses and prosthetic devices.
2022 IN 317—LS 6619/DI 144 2
1 (12) Optometric services.
2 (13) Diagnostic, screening, preventive, and rehabilitative services.
3 (14) Podiatric medicine services.
4 (15) Hospice services.
5 (16) Services or supplies recognized under Indiana law and
6 specified under rules adopted by the office.
7 (17) Family planning services except the performance of
8 abortions.
9 (18) Nonmedical nursing care given in accordance with the tenets
10 and practices of a recognized church or religious denomination to
11 an individual qualified for Medicaid who depends upon healing
12 by prayer and spiritual means alone in accordance with the tenets
13 and practices of the individual's church or religious denomination.
14 (19) Services provided to individuals described in IC 12-15-2-8.
15 (20) Services provided under IC 12-15-34 and IC 12-15-32.
16 (21) Case management services provided to individuals described
17 in IC 12-15-2-11 and IC 12-15-2-13.
18 (22) Any other type of remedial care recognized under Indiana
19 law and specified by the United States Secretary of Health and
20 Human Services.
21 (23) Examinations required under IC 16-41-17-2(a)(10).
22 (24) Inpatient substance abuse detoxification services.
23 (25) Chronic pain management.
24 (26) Art therapy provided by an art therapist certified under
25 IC 25-23.6-10.8 to an individual who receives:
26 (A) mental health services under IC 12-17.6-4-2; or
27 (B) services from a community mental health center under
28 IC 12-29-2.
29 SECTION 2. IC 16-18-2-295, AS AMENDED BY P.L.161-2014,
30 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2022]: Sec. 295. (a) "Provider", for purposes of IC 16-21-8,
32 has the meaning set forth in IC 16-21-8-0.2.
33 (b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
34 IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the
35 following:
36 (1) An individual (other than an individual who is an employee or
37 a contractor of a hospital, a facility, or an agency described in
38 subdivision (2) or (3)) who is licensed, registered, or certified as
39 a health care professional, including the following:
40 (A) A physician.
41 (B) A psychotherapist.
42 (C) A dentist.
2022 IN 317—LS 6619/DI 144 3
1 (D) A registered nurse.
2 (E) A licensed practical nurse.
3 (F) An optometrist.
4 (G) A podiatrist.
5 (H) A chiropractor.
6 (I) A physical therapist.
7 (J) A psychologist.
8 (K) An audiologist.
9 (L) A speech-language pathologist.
10 (M) A dietitian.
11 (N) An occupational therapist.
12 (O) A respiratory therapist.
13 (P) A pharmacist.
14 (Q) A sexual assault nurse examiner.
15 (R) An art therapist.
16 (2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
17 described in IC 12-24-1 or IC 12-29.
18 (3) A health facility licensed under IC 16-28-2.
19 (4) A home health agency licensed under IC 16-27-1.
20 (5) An employer of a certified emergency medical technician, a
21 certified advanced emergency medical technician, or a licensed
22 paramedic.
23 (6) The state department or a local health department or an
24 employee, agent, designee, or contractor of the state department
25 or local health department.
26 (c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
27 forth in IC 16-39-7-1(a).
28 (d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
29 in IC 16-48-1-3.
30 SECTION 3. IC 25-0.5-2-22, AS ADDED BY P.L.3-2014,
31 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 22. IC 25-1-2-2.1 applies to licenses or
33 certifications held by social workers, marriage and family therapists,
34 and mental health counselors, and art therapists.
35 SECTION 4. IC 25-23.6-1-1.6 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 1.6. "Art therapist" means an
38 individual who is certified under IC 25-23.6-10.8-1.
39 SECTION 5. IC 25-23.6-1-1.7 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2022]: Sec. 1.7. "Art therapist associate"
42 means an individual who is certified under IC 25-23.6-10.8-2.
2022 IN 317—LS 6619/DI 144 4
1 SECTION 6. IC 25-23.6-1-3.8, AS AMENDED BY P.L.122-2009,
2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 3.8. Except as provided in IC 25-23.6-7-5,
4 "counselor" refers to a social worker, a clinical social worker, a
5 marriage and family therapist, a mental health counselor, an addiction
6 counselor, or a clinical addiction counselor, an art therapist, or an art
7 therapist associate who is licensed or certified under this article.
8 SECTION 7. IC 25-23.6-1-5.8 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 5.8. "Practice of art therapy"
11 means the application of art, art media, and the creative process in
12 the education, assessment, prevention, treatment, and amelioration
13 of cognitive, physical, developmental, and behavioral conditions
14 and disabilities. The term includes the:
15 (1) use of art creation to assess a client's issues with the goal
16 of improving physical, psychological, and emotional
17 functioning and well-being;
18 (2) employment of art based techniques to:
19 (A) assess levels of functioning;
20 (B) determine treatment goals; and
21 (C) implement appropriate interventions;
22 to treat a client;
23 (3) use of therapeutic interventions to facilitate alternative
24 modes of receptive and expressive communication and
25 engagement;
26 (4) use of art to help clients:
27 (A) improve cognitive and sensory motor functions;
28 (B) reduce symptoms of depression, anxiety, posttraumatic
29 stress, and attachment disorders;
30 (C) resolve conflicts and distress;
31 (D) develop interpersonal skills;
32 (E) manage behavior;
33 (F) improve social functioning; and
34 (G) achieve self-esteem and self-awareness;
35 (5) adjustment of techniques and treatments to address
36 multicultural and diversity issues; and
37 (6) provision of:
38 (A) consultation;
39 (B) referral;
40 (C) crisis intervention;
41 (D) client advocacy; and
42 (E) education;
2022 IN 317—LS 6619/DI 144 5
1 services to clients.
2 SECTION 8. IC 25-23.6-2-2, AS AMENDED BY P.L.249-2019,
3 SECTION 106, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) The board consists of ten (10)
5 twelve (12) members appointed by the governor. Subject to
6 IC 25-1-6.5-3, the board must include the following:
7 (1) Two (2) marriage and family therapists who:
8 (A) have at least a master's degree in marriage and family
9 therapy or a related field from an eligible postsecondary
10 educational institution;
11 (B) are licensed under this chapter; article; and
12 (C) have five (5) years of experience in marriage and family
13 therapy.
14 (2) One (1) social worker who:
15 (A) has at least a master's degree in social work from an
16 eligible postsecondary educational institution accredited by the
17 Council on Social Work Education;
18 (B) is licensed under this article; and
19 (C) has at least five (5) years of experience as a social worker.
20 (3) One (1) social services director of a hospital with a social
21 work degree who has at least three (3) years of experience in a
22 hospital setting.
23 (4) Two (2) mental health counselors who:
24 (A) have at least a master's degree in mental health counseling;
25 (B) are licensed under this article; and
26 (C) have at least five (5) years experience as a mental health
27 counselor.
28 (5) One (1) consumer who has never been credentialed under this
29 article.
30 (6) One (1) physician licensed under IC 25-22.5 who has training
31 in psychiatric medicine.
32 (7) Two (2) licensed clinical addiction counselors who:
33 (A) are licensed under IC 25-23.6-10.5; and
34 (B) have at least five (5) years experience in clinical addiction
35 counseling.
36 (8) Two (2) art therapists who:
37 (A) have at least a master's degree in art therapy;
38 (B) are certified under this article; and
39 (C) have at least five (5) years experience as an art
40 therapist.
41 (b) Not more than six (6) seven (7) members of the board may be
42 from the same political party.
2022 IN 317—LS 6619/DI 144 6
1 (c) A member appointed:
2 (1) before July 1, 2019, serves a three (3) year term; and
3 (2) after June 30, 2019, serves a term under IC 25-1-6.5.
4 SECTION 9. IC 25-23.6-2-8, AS AMENDED BY P.L.192-2017,
5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2022]: Sec. 8. (a) The board shall adopt rules under IC 4-22-2
7 establishing standards for the following:
8 (1) The competent practice of marriage and family therapy,
9 bachelor's degree social work, social work, clinical social work,
10 mental health counseling, addiction counseling, and clinical
11 addiction counseling, and art therapy.
12 (2) The renewal of licenses or certifications issued under this
13 article.
14 (3) Standards for the administration of this article.
15 (4) Continuing education requirements for an individual seeking
16 renewal of licensure or certification as a bachelor's degree social
17 worker, social worker, clinical social worker, or marriage and
18 family therapist, art therapist, or art therapist associate.
19 (5) The retention of patient records and reports by a counselor.
20 (6) The approval of continuing education providers, programs,
21 courses, fees, and proof of course completion.
22 (b) The board shall establish fees under IC 25-1-8-2.
23 (c) The board shall do the following:
24 (1) Consider the qualifications of individuals who apply for a
25 license or certification under this article.
26 (2) Provide for examinations required under this article.
27 (3) Subject to IC 25-1-8-6, renew licenses or certifications under
28 this article.
29 (4) Conduct proceedings under IC 25-1-9.
30 SECTION 10. IC 25-23.6-2-9.7 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2022]: Sec. 9.7. (a) The art therapist section
33 of the board is established. The section consists of the following:
34 (1) Two (2) art therapist members of the board.
35 (2) Two (2) consumer members of the board.
36 (3) One (1) physician member of the board.
37 (b) Three (3) members of the art therapist section, two (2) of
38 whom must be art therapists, constitute a quorum.
39 SECTION 11. IC 25-23.6-2-11, AS AMENDED BY P.L.122-2009,
40 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 11. The social worker, marriage and family
42 therapist, mental health counselor, and addiction counselor, and art
2022 IN 317—LS 6619/DI 144 7
1 therapist sections of the board shall do the following:
2 (1) Approve continuing education courses authorized under this
3 article.
4 (2) Propose rules to the board concerning the practice of the
5 profession regulated by each section.
6 (3) Other duties as directed by the board.
7 SECTION 12. IC 25-23.6-4.7 IS ADDED TO THE INDIANA
8 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2022]:
10 Chapter 4.7. Art Therapists; Unlawful Practices
11 Sec. 1. This chapter applies after December 31, 2022.
12 Sec. 2. (a) An individual may not:
13 (1) profess to be a certified art therapist;
14 (2) use the title:
15 (A) "certified art therapist"; or
16 (B) "art therapist"; or
17 (3) use any other words, letters, abbreviations, or insignia
18 indicating or implying that the individual is a certified art
19 therapist;
20 unless the individual is certified under this article.
21 (b) An individual may not:
22 (1) profess to be a certified art therapist associate;
23 (2) use the title:
24 (A) "certified art therapist associate"; or
25 (B) "art therapist associate"; or
26 (3) use any other words, letters, abbreviations, or insignia
27 indicating or implying that the individual is a certified art
28 therapist associate;
29 unless the individual is certified under this article.
30 Sec. 3. (a) This article may not be construed to limit the practice
31 of art therapy performed by an individual who does not use a title
32 specified in this article and who is one (1) of the following:
33 (1) A student, an intern, or a trainee pursuing a course of
34 study in art therapy to gain certification under this article in
35 an accredited postsecondary educational institution if:
36 (A) the services are performed under qualified supervision
37 and constitute a part of the individual's supervised course
38 of study or other level of supervision; and
39 (B) the student or graduate uses a title that contains the
40 term "student", "intern", or "trainee".
41 (2) Not a resident of Indiana if the individual performed the
42 services in Indiana for not more than five (5) days in any one
2022 IN 317—LS 6619/DI 144 8
1 (1) month or fifteen (15) days within any one (1) calendar year
2 and the person is authorized to perform such services under
3 the laws of the state or country in which the individual
4 resides.
5 (3) A rabbi, priest, Christian Science practitioner, minister, or
6 other member of the clergy.
7 (4) An employee or a volunteer for an organization
8 performing charitable, religious, or educational functions,
9 providing pastoral counseling, or providing other assistance.
10 (5) An individual who is certified by a state or national
11 organization that is recognized by the Indiana division of
12 mental health and addiction and who provides services in the
13 areas of alcohol or drug abuse addiction.
14 (6) A governmental employee who remains in the same job
15 classification or job family of that job classification.
16 (b) This article may not be construed to prohibit or limit any
17 service or treatment that involves the use of art or art media by a
18 licensed health care professional who:
19 (1) is acting within the scope of the person's license; and
20 (2) does not use a title specified in this article.
21 (c) Nothing in this section prohibits a person referred to in
22 subsection (a) from qualifying for certification under this article.
23 Sec. 4. (a) An individual who is certified as an art therapist
24 shall:
25 (1) display the certificate or a clear copy of the certificate at
26 each location where the art therapist regularly practices; and
27 (2) include the words "art therapist" or the letters "AT" on
28 all promotional materials, including business cards,
29 brochures, stationery, advertisements, and signs that name
30 the individual.
31 (b) An individual who is certified as an art therapist associate
32 shall:
33 (1) display the certificate or a clear copy of the certificate at
34 each location where the art therapist associate regularly
35 practices; and
36 (2) include the words "art therapist associate" or the letters
37 "ATA" on all promotional materials, including business
38 cards, brochures, stationery, advertisements, and signs that
39 name the individual.
40 Sec. 5. An individual who knowingly or intentionally violates
41 this chapter after December 31, 2022, commits a Class A
42 misdemeanor.
2022 IN 317—LS 6619/DI 144 9
1 SECTION 13. IC 25-23.6-7-1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) This chapter
3 applies to an individual licensed or certified under this article.
4 (b) This chapter does not apply to:
5 (1) physicians licensed under IC 25-22.5;
6 (2) nurses licensed under IC 25-23;
7 (3) psychologists licensed under IC 25-33; or
8 (4) attorneys licensed to practice law in Indiana;
9 when providing counseling services within the scope of practice for
10 which they are licensed.
11 SECTION 14. IC 25-23.6-7-5 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. As used in this
13 chapter, "counselor" means an individual licensed or certified under
14 this article who provides counseling services on a fee-for-services,
15 prepaid, or other compensatory basis.
16 SECTION 15. IC 25-23.6-10.1-2, AS AMENDED BY P.L.49-2019,
17 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 2. (a) This article may not be construed to limit
19 addiction counselor or clinical addiction counselor services performed
20 by a person who does not use a title specified in this article and who is
21 any of the following:
22 (1) A licensed or certified health care professional acting within
23 the scope of the person's license or certificate, including: a:
24 (A) a social worker licensed under this article;
25 (B) a clinical social worker licensed under this article;
26 (C) a marriage and family therapist licensed under this article;
27 (D) a mental health counselor licensed under this article;
28 (E) a psychologist licensed under IC 25-33;
29 (F) a physician licensed under IC 25-22.5; or
30 (G) a nurse licensed under IC 25-23; or
31 (H) an art therapist or art therapist associate certified
32 under this article;
33 and who has training and experience in addiction counseling.
34 (2) A student, an intern, or a trainee pursuing a course of study in
35 medicine or psychology or a course of study to gain licensure
36 under this article as follows:
37 (A) In an accredited eligible postsecondary educational
38 institution or training institution recognized by the Council for
39 Higher Education Accreditation (CHEA) for undergraduate
40 and graduate institutions. Accreditation by the Council for
41 Accreditation of Counseling and Related Educational
42 Programs or a substantially equivalent accreditation program
2022 IN 317—LS 6619/DI 144 10
1 approved by the board is required for graduate institutions.
2 (B) Through a National Association of Alcohol and Drug
3 Abuse Counselors approved academic education provider; or
4 (C) By a graduate accumulating experience required for
5 licensure if:
6 (i) the services are performed under qualified supervision
7 and constitute a part of the person's supervised course of
8 study or other level of supervision; and
9 (ii) the student or graduate uses a title that contains the term
10 "intern", "student", or "trainee".
11 (3) A nonresident of Indiana if the person performs addiction
12 counseling or therapy in Indiana for not more than:
13 (A) five (5) days in any one (1) month; or
14 (B) fifteen (15) days in any one (1) calendar year;
15 and the person is authorized to perform such services under the
16 laws of the state or country in which the person resides.
17 (4) A rabbi, priest, Christian Science practitioner, minister, or
18 other member of the clergy.
19 (5) An employee or a volunteer for an organization performing
20 charitable, religious, or educational functions or providing
21 pastoral counseling or other assistance.
22 (6) A person who provides school counseling.
23 (7) A governmental employee who remains in the same job
24 classification or job family of that job classification.
25 (8) An employee of a court alcohol and drug program, a drug
26 court, or a reentry court certified by the office of judicial
27 administration when performing assigned job duties.
28 (9) A probation officer when performing assigned job duties.
29 (b) This section does not prohibit a person referred to in subsection
30 (a) from qualifying for licensure under this article.
31 SECTION 16. IC 25-23.6-10.8 IS ADDED TO THE INDIANA
32 CODE AS A NEW CHAPTER TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2022]:
34 Chapter 10.8. Art Therapist Certification
35 Sec. 1. (a) An individual who applies to be certified as an art
36 therapist must furnish satisfactory evidence to the board that the
37 individual:
38 (1) has received:
39 (A) a master's or doctoral degree from an accredited
40 postsecondary educational institution in a program in art
41 therapy, or a related field as approved by the board, that:
42 (i) is approved by the American Art Therapy Association
2022 IN 317—LS 6619/DI 144 11
1 or accredited by the Commission on Accreditation of
2 Allied Health Education Programs; or
3 (ii) is determined by the board to be substantially
4 equivalent to an approved or accredited program in art
5 therapy under sections 3 and 4 of this chapter; or
6 (B) at least a master's degree from an accredited
7 postsecondary educational institution in a program or
8 course of studies that:
9 (i) is determined by the board to meet the educational
10 requirements under sections 3 and 4 of this chapter; or
11 (ii) has been accepted by the Art Therapy Credentials
12 Board, Inc., or a successor organization, as meeting the
13 educational requirements to qualify an individual for a
14 credential as a registered art therapist;
15 (2) has met the work experience requirements under section
16 5 of this chapter;
17 (3) has not been convicted of a crime that has a direct bearing
18 on the individual's ability to practice competently;
19 (4) has not been the subject of a disciplinary action by a
20 licensing or certification agency of another state or
21 jurisdiction prohibiting the individual from practicing as an
22 art therapist or art therapist associate;
23 (5) pays the fee established by the board; and
24 (6) has passed an examination provided by the board.
25 (b) An individual who applies to be certified as an art therapist
26 under this section, except as provided in section 14 of this chapter,
27 must furnish satisfactory evidence to the board that the individual:
28 (1) holds a valid art therapist associate certificate issued
29 under section 2 of this chapter and has met the work
30 experience requirements under section 5 of this chapter;
31 (2) has met the work experience requirements under section
32 5 of this chapter in another state or jurisdiction; or
33 (3) is licensed or certified to practice as an art therapist in
34 another state or jurisdiction under section 12 of this chapter.
35 Sec. 2. (a) An individual who applies to be certified as an art
36 therapist associate must furnish satisfactory evidence to the board
37 that the individual has:
38 (1) received a master's or doctoral degree in art therapy that
39 meets the requirements under section 1(a)(1) of this chapter;
40 (2) not been convicted of a crime that has a direct bearing on
41 the individual's ability to practice competently;
42 (3) not been the subject of a disciplinary action by a licensing
2022 IN 317—LS 6619/DI 144 12
1 or certification agency of another state or jurisdiction
2 prohibiting the individual from practicing as an art therapist
3 or art therapist associate; and
4 (4) paid a fee established by the board.
5 (b) The board may require an individual who applies to be
6 certified as an art therapist associate to pass an examination
7 administered by an entity approved by the board.
8 Sec. 3. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
9 of this chapter, an individual who applies for certification as an art
10 therapist or art therapist associate must:
11 (1) have received a master's or doctoral degree that meets the
12 educational requirements for certification under section
13 1(a)(1) of this chapter; and
14 (2) have attended an eligible postsecondary educational
15 institution that meets the following requirements:
16 (A) If the institution is located in the United States or a
17 territory of the United States, the institution must be
18 accredited by a regional accrediting body recognized by
19 the Council for Higher Education Accreditation.
20 (B) If the institution is located in Canada, the institution
21 must be a member in good standing with the Association of
22 Universities and Colleges of Canada.
23 (C) If the institution is located in a foreign country other
24 than Canada, the institution must:
25 (i) be recognized as a program to train in the practice of
26 mental health counseling or psychotherapy; and
27 (ii) have maintained a standard of training that is
28 substantially equivalent to the standards of institutions
29 accredited by a regional accrediting body recognized by
30 the Council for Higher Education Accreditation.
31 (b) An individual who applies to be certified as an art therapist
32 under section 1 of this chapter or as an art therapist associate
33 under section 2 of this chapter and who has a master's or doctoral
34 degree from a program that did not emphasize art therapy may
35 complete the course work requirements from an institution:
36 (1) with a program in art therapy accredited by the
37 Commission on Accreditation of Allied Health Education
38 Programs; or
39 (2) that is accredited by a regional accrediting body
40 recognized by the Council for Higher Education
41 Accreditation, as approved by the board.
42 Sec. 4. (a) For purposes of section 1(a)(1)(A)(ii) and 1(a)(1)(B)(i)
2022 IN 317—LS 6619/DI 144 13
1 of this chapter, the board may determine that an individual's
2 graduate level education program or course of study is
3 substantially equivalent to an approved or accredited program in
4 art therapy if the individual has completed the following
5 requirements:
6 (1) Except as provided in subsection (b), complete qualifying
7 course work that must include graduate level course credits
8 in at least the following content areas:
9 (A) Application of art therapy with people in different
10 treatment settings.
11 (B) Art therapy assessment.
12 (C) Counseling or psychological theories.
13 (D) Ethical and legal issues of art therapy practice.
14 (E) Group art therapy.
15 (F) History of art therapy.
16 (G) Human growth and development.
17 (H) Matters of cultural and social diversity bearing on the
18 practice of art therapy.
19 (I) Psychopathology or abnormal psychology.
20 (J) Psychological assessment.
21 (K) Research.
22 (L) Standards of good art therapy practice.
23 (M) Techniques of practice in art therapy.
24 (N) Theory of art therapy.
25 The content areas may be combined into any one (1) graduate
26 level course if the applicant can prove that the course
27 included instruction in all cognitive, psychomotor, and
28 behavior competencies required in the content area for
29 competent entry level practice of art therapy.
30 (2) At least one (1):
31 (A) supervised clinical practicum of at least one hundred
32 (100) hours; or
33 (B) qualifying internship or field experience in an art
34 therapy setting of at least six hundred (600) hours.
35 The requirements under clauses (A) and (B) may be met by
36 experience away from a postsecondary educational
37 institution, but that is certified by an official of that institution
38 as equivalent to a graduate level practicum or internship
39 program.
40 (b) The following may not be used to satisfy the educational
41 requirements under subsection (a):
42 (1) Thesis or dissertation work.
2022 IN 317—LS 6619/DI 144 14
1 (2) Practicums.
2 (3) Internships.
3 (4) Fieldwork.
4 Sec. 5. (a) An individual who applies for certification as an art
5 therapist must have:
6 (1) at least two (2) years of paid or volunteer supervised work
7 experience in the delivery of art therapy services; and
8 (2) supervised work experience conducted according to
9 requirements in subsections (b) through (g).
10 (b) An individual who applies for certification as an art
11 therapist must have:
12 (1) at least three thousand (3,000) hours of postgraduate work
13 experience in a clinical setting under supervision of a qualified
14 supervisor;
15 (2) at least one thousand (1,000) hours of contact with clients;
16 and
17 (3) at least one hundred (100) hours of face-to-face supervised
18 training with a qualified supervisor.
19 (c) A qualified supervisor may be a certified art therapist, a
20 board certified art therapist, or other licensed mental health
21 professional who has met standards for supervision specified in
22 rules approved by the board.
23 (d) A qualified supervisor must observe the successful
24 application of art therapy knowledge, skills, and values in the
25 diagnosis and treatment of psychological function, disability, or
26 impairment.
27 (e) Except as provided in subsection (f), the work experience
28 requirement may be met by work performed either at the premises
29 of the supervisor or away from the premises of the supervisor.
30 (f) The work experience requirement may not be performed
31 away from the premises of the supervisor if:
32 (1) the work premises is the independent private practice of a
33 certified art therapist or qualified supervisor; and
34 (2) the work is not performed at a place that has the
35 supervision of a certified art therapist or qualified supervisor.
36 (g) A doctoral internship may be applied toward the supervised
37 work experience requirement.
38 Sec. 6. An individual who satisfies the requirements of section
39 1(a)(1) through 1(a)(5) of this chapter may take the examination
40 provided by the board.
41 Sec. 7. The board shall provide for examinations to be given at
42 least once each year at times and places established by the board.
2022 IN 317—LS 6619/DI 144 15
1 Sec. 8. (a) The board shall issue an art therapist certificate to an
2 applicant under section 1 of this chapter who:
3 (1) achieves a passing score on the examination under this
4 chapter; and
5 (2) is otherwise qualified under this chapter.
6 (b) The board shall issue an art therapist associate certificate to
7 an applicant under section 2 of this chapter who is otherwise
8 qualified under this chapter.
9 (c) A person issued a certificate under this section may engage
10 in the practice of art therapy.
11 Sec. 9. (a) Subject to IC 25-1-2-6(e), an art therapist certificate
12 issued by the board is valid for the remainder of the renewal
13 period in effect on the date the certificate was issued.
14 (b) An individual may renew an art therapist certificate by:
15 (1) paying a renewal fee on or before the expiration date of
16 the certificate; and
17 (2) completing at least twenty (20) hours of continuing
18 education each certification year.
19 (c) If an individual fails to pay a renewal fee on or before the
20 expiration of a certificate, the certificate becomes invalid.
21 Sec. 10. (a) Subject to IC 25-1-2-6(e), an art therapist associate
22 certificate issued by the board is valid for the remainder of the
23 renewal period in effect on the date the certificate was issued.
24 (b) An individual may renew an art therapist associate
25 certificate two (2) times by paying a renewal fee on or before the
26 expiration date of the certificate.
27 (c) If an individual fails to pay a renewal fee on or before the
28 expiration of a certificate, the certificate becomes invalid.
29 (d) The board may renew an art therapist associate certificate
30 for additional periods at the board's discretion.
31 (e) An art therapist associate certificate expires when:
32 (1) the individual is issued an art therapist certificate under
33 this chapter;
34 (2) the board denies the individual's application for an art
35 therapist certificate under this chapter; or
36 (3) the individual fails to apply for renewal of the art therapist
37 associate certificate under this chapter.
38 Sec. 11. (a) The board may reinstate an invalid art therapist
39 certificate issued under section 9 of this chapter up to three (3)
40 years after the expiration date of the certificate if the individual
41 holding the invalid certificate meets the requirements under
42 IC 25-1-8-6.
2022 IN 317—LS 6619/DI 144 16
1 (b) If more than three (3) years have elapsed since the date an
2 art therapist certificate expired, the individual holding the
3 certificate may renew the certificate by satisfying the requirements
4 for renewal established by the board and meeting the requirements
5 under IC 25-1-8-6.
6 (c) The board may reinstate an invalid art therapist associate
7 certificate issued under section 10 of this chapter up to one (1) year
8 after the expiration date of the certificate if the individual holding
9 the invalid certificate meets the requirements under IC 25-1-8-6.
10 An art therapist associate certificate that has been expired for
11 more than one (1) year may not be reinstated under IC 25-1-8-6.
12 Sec. 12. The board shall issue an art therapist certificate to an
13 individual if the individual:
14 (1) has a valid license or certificate to practice art therapy
15 from another state or jurisdiction;
16 (2) has engaged in at least three (3) years of full-time,
17 postdegree practice of art therapy, or its equivalent in
18 part-time practice as determined by the board;
19 (3) has passed an examination substantially equivalent to the
20 examination provided by the board under this chapter;
21 (4) has not been the subject of a disciplinary action by a
22 licensing or certification agency of another state or
23 jurisdiction prohibiting the individual from practicing as an
24 art therapist or art therapist associate without endangering
25 the public; and
26 (5) has paid a fee established by the board.
27 Sec. 13. (a) An individual who has an art therapist certificate
28 under this chapter shall notify the board in writing when the
29 individual retires from practice.
30 (b) Upon receipt of the notice, the board shall:
31 (1) record the individual as retired;
32 (2) release the individual from further payment of renewal
33 fees; and
34 (3) release the individual from further continuing education
35 requirements.
36 Sec. 14. The board may waive the requirements of section
37 1(a)(1) and 1(a)(6) of this chapter and issue an art therapy
38 certificate to an individual who furnishes satisfactory evidence to
39 the board that the individual:
40 (1) is a resident of Indiana;
41 (2) holds a credential in good standing as a board certified art
42 therapist with the Art Therapy Credentials Board;
2022 IN 317—LS 6619/DI 144 17
1 (3) has at least three (3) years of full-time, postdegree practice
2 of art therapy, or its equivalent in part-time practice prior to
3 submitting an application to the board;
4 (4) does not have a conviction for a crime that has a direct
5 bearing on the individual's ability to practice competently;
6 (5) has not been the subject of a disciplinary action by a
7 licensing or certification agency of another state or
8 jurisdiction prohibiting the individual from practicing as an
9 art therapist or art therapist associate without endangering
10 the public; and
11 (6) has paid the fee established by the board.
12 SECTION 17. IC 25-23.6-11-1, AS AMENDED BY P.L.129-2018,
13 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 1. (a) Except for an individual who is licensed
15 under IC 25-22.5, is licensed under IC 25-33, is an advanced practice
16 registered nurse (as defined by IC 25-23-1-1(b)), or is licensed or
17 certified under this article, and who uses the terms within the scope of
18 the individual's education, training, and licensure, an individual may
19 not knowingly describe services the individual performs using the
20 following terms:
21 (1) "Psychotherapy".
22 (2) "Clinical psychology".
23 (b) An individual who violates this section commits a Class A
24 misdemeanor.
25 SECTION 18. IC 25-23.6-11-2 IS AMENDED TO READ AS
26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) An individual
27 may not knowingly use a license or certificate issued under this article
28 unless:
29 (1) the license or certificate was issued to the individual; and
30 (2) the license or certificate is valid.
31 (b) An individual who violates this section commits a Class A
32 misdemeanor.
33 SECTION 19. IC 25-23.6-11-3 IS AMENDED TO READ AS
34 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) An individual
35 may not knowingly present false or forged information or documents
36 to the board for the purpose of obtaining a license or certificate under
37 this article.
38 (b) An individual who violates this section commits a Class A
39 misdemeanor.
40 SECTION 20. IC 35-52-25-31.5 IS ADDED TO THE INDIANA
41 CODE AS A NEW SECTION TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2022]: Sec. 31.5. IC 25-23.6-4.7-5 defines a
2022 IN 317—LS 6619/DI 144 18
1 crime concerning art therapists.
2 SECTION 21. IC 35-52-25-34, AS ADDED BY P.L.169-2014,
3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 34. IC 25-23.6-11-1 defines a crime concerning
5 marriage and family therapists. a description of services an
6 individual performs.
7 SECTION 22. IC 35-52-25-35, AS ADDED BY P.L.169-2014,
8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2022]: Sec. 35. IC 25-23.6-11-2 defines a crime concerning
10 marriage and family therapists. the use of a license or certificate
11 issued.
12 SECTION 23. IC 35-52-25-36, AS ADDED BY P.L.169-2014,
13 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 36. IC 25-23.6-11-3 defines a crime concerning
15 marriage and family therapists. false or forged information or
16 documents.
2022 IN 317—LS 6619/DI 144