HLS 14RS-1145 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 634
BY REPRESENTATIVE STUART BISHOP
HEALTH SERVICES: Establishes the licensed profession of art therapist
AN ACT1
To amend and reenact R.S. 37:1103(4) and 1122 and to enact R.S. 37:1103(13), 1104(B)(3),2
and 1123, relative to the profession of art therapy; to establish art therapist as a3
licensed profession; to provide for licensure of art therapists by the Louisiana4
Licensed Professional Counselors Board of Examiners; to establish the Art Therapy5
Advisory Committee and provide for composition and duties of the committee; to6
provide for required qualifications of art therapists; to provide for limited exceptions7
to art therapist licensure requirements; to provide for penalties; and to provide for8
related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 37:1103(4) and 1122 are hereby amended and reenacted and R.S.11
37:1103(13), 1104(B)(3), and 1123 are hereby enacted to read as follows: 12
§1103. Definitions13
* * *14
(4) "Licensed marriage and family therapist" means and "licensed art15
therapist" mean a person to whom a license has been issued pursuant to the16
provisions of this Chapter, which license is in force and not suspended or revoked.17
* * *18
(13) "Art therapy" means the integrated use of psychotherapeutic principles,19
art media, and the creative process by an art therapist for clinical mental health20 HLS 14RS-1145 ORIGINAL
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diagnosing, increasing awareness of self and others, promoting developmentally1
appropriate academic and social interaction, and for clinical mental, physical, and2
emotional goals including but not limited to the following:3
(a) Coping with symptoms, stress, and traumatic experiences.4
(b) Addressing cognitive abilities.5
(c) Identifying and assessing needs of a client in order to implement6
therapeutic intervention to meet developmental, behavioral, mental, or emotional7
needs.8
§1104. Louisiana Licensed Professional Counselors Board of Examiners9
* * *10
B.11
* * *12
(3)(a) The board shall establish an Art Therapy Advisory Committee,13
referred to hereafter in this Paragraph as the "advisory committee", which shall14
consist of four board members appointed by the chairman.15
(b) The functions of the advisory committee shall be established by rules and16
regulations promulgated by the board and approved by the House Committee on17
Health and Welfare and the Senate Committee on Health and Welfare.18
(c) The functions and duties of the advisory committee may include but are19
not limited to the following:20
(i) Propose rules and regulations for promulgation by the board in21
accordance with the Administrative Procedure Act as necessary to provide for22
licensure of applicants as art therapists.23
(ii) Examine and qualify all applicants for licensure as art therapists and24
recommend to the board each successful applicant for licensure, attesting to his25
professional qualifications to be an art therapist.26
(iii) Develop for the board application forms for licensure of applicants as27
art therapists.28 HLS 14RS-1145 ORIGINAL
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(iv) Maintain complete records of all meetings, proceedings, and hearings1
conducted by the advisory committee.2
(d) The rules and regulations promulgated by the board relative to licensure3
of art therapists shall, at minimum, provide for the qualifications, limitations, and4
exceptions provided in R.S. 37:1122.5
* * *6
§1122. Art therapists; required qualifications; exceptions7
A. A person may not, for or without compensation, use the professional8
designation of "art therapist" or otherwise hold himself out to the public as an art9
therapist, either directly or through a governmental or private organization, entity,10
or agency, unless he holds one or more of the following:11
(1) A master's degree in art therapy from a college or university art therapy12
program approved by the American Art Therapy Association.13
(2) Credentials from the Art Therapy Credentials Board.14
B. The board shall waive requirements promulgated by rule for licensure as15
an art therapist for any applicant who provides to the board, on or before October 1,16
2014, documentation of all of the following:17
(1) He possesses current certification by the Art Therapy Credentials Board.18
(2) He has three or more years of full-time professional experience providing19
art therapy.20
C. Notwithstanding any provision of law or rule to the contrary, a person21
may practice art therapy under supervision as a registered art therapy intern for a22
limited period of time, as determined by the board in rule, if he possesses a master's23
or doctoral degree in art therapy from a program approved by the American Art24
Therapy Association, or any other program approved by the board.25
§1123. Prohibited acts; penalties26
A.(1) No person, unless licensed as a marriage and family therapist, shall27
advertise as being a "licensed marriage and family therapist".28 HLS 14RS-1145 ORIGINAL
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(2) No person, unless licensed as an art therapist, shall advertise as being an1
"art therapist".2
B.(1) Any person who violates this Section shall, upon conviction, be guilty3
of a misdemeanor punishable by a fine not to exceed five hundred dollars for the first4
offense and one thousand dollars for each subsequent offense.5
(2) In addition to the imposition of a fine, the board may proceed with an6
action to enjoin and restrain any unlicensed person from violating the provisions of7
this Chapter. The board shall not be required to post bond for such proceeding.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stuart Bishop HB No. 634
Abstract: Establishes the profession of art therapist and provides for licensure of such
profession by the La. Licensed Professional Counselors Board of Examiners.
Proposed law provides for licensure of art therapists by the La. Licensed Professional
Counselors Board of Examiners (board); and for regulation of the profession of art therapy.
Proposed law defines "art therapy" as the integrated use of psychotherapeutic principles, art
media, and the creative process by an art therapist for clinical mental health diagnosing,
increasing awareness of self and others, promoting developmentally appropriate academic
and social interaction, and for clinical mental, physical, and emotional goals including but
not limited to the following:
(1)Coping with symptoms, stress, and traumatic experiences.
(2)Addressing cognitive abilities.
(3)Identifying and assessing needs of a client in order to implement therapeutic
intervention to meet developmental, behavioral, mental, or emotional needs.
Proposed law establishes an Art Therapy Advisory Committee (advisory committee) within
the board consisting of four board members appointed by the chairman. Provides that the
functions of the advisory committee shall be established by rules and regulations
promulgated by the board and approved by the legislative committees on health and welfare.
Further provides that the functions and duties of the advisory committee may include but are
not limited to the following:
(1)Propose rules and regulations for promulgation by the board in accordance with the
APA as necessary to provide for licensure of applicants as art therapists.
(2)Examine and qualify all applicants for licensure as art therapists and recommend to
the board each successful applicant for licensure, attesting to his professional
qualifications to be an art therapist. HLS 14RS-1145 ORIGINAL
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(3)Develop for the board application forms for licensure of applicants as art therapists.
(4)Maintain complete records of all meetings, proceedings, and hearings conducted by
the advisory committee.
Proposed law stipulates that a person may not, for or without compensation, use the
professional designation of "art therapist" or otherwise hold himself out to the public as an
art therapist, either directly or through a governmental or private organization, entity, or
agency, unless he holds one or more of the following:
(1)A master's degree in art therapy from a college or university art therapy program
approved by the American Art Therapy Association.
(2)Credentials from the Art Therapy Credentials Board.
Proposed law requires the board to waive art therapist licensure requirements for any
applicant who provides to the board, on or before Oct. 1, 2014, documentation of all of the
following:
(1)He possesses current certification by the Art Therapy Credentials Board.
(2)He has three or more years of full-time professional experience providing art
therapy.
Proposed law provides that, notwithstanding any provision of present law or present
administrative code to the contrary, a person may practice art therapy under supervision as
a registered art therapy intern for a limited period of time, as determined by the board in rule,
if he possesses a master's or doctoral degree in art therapy from a program approved by the
American Art Therapy Association, or any other program approved by the board.
Proposed law provides that no person, unless licensed as an art therapist, shall advertise as
being an "art therapist", and extends applicability of the following penalties provided in
present law relative to violations by licensed marriage and family therapists to violations by
art therapists:
(1)Upon conviction of unlawful advertising, be guilty of a misdemeanor punishable by
a fine not to exceed $500 for the first offense and $1,000 for each subsequent
offense.
(2)In addition to fines, the board may enjoin and restrain any unlicensed person from
violating the provisions of present law and proposed law.
(Amends R.S. 37:1103(4) and 1122; Adds R.S. 37:1103(13), 1104(B)(3), and 1123)