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)]
HB 505 Original 2020 Regular Session Bishop
Abstract: Establishes the licensed profession of art therapist and provides for licensure of members
of the profession by the La. State Board of Medical Examiners.
Proposed law establishes the licensed profession of art therapist in La. Provides for licensure of art
therapists by the La. State Board of Medical Examiners, referred to hereafter as the "board".
Proposed law provides the following definitions:
(1)"Art therapy" means the integrated use of psychotherapeutic principles, art media, and the
creative process to assist individuals, families, or groups in any of the following:
(a)Increasing awareness of self and others.
(b)Coping with symptoms, stress, and traumatic experiences.
(c)Enhancing cognitive abilities.
(d)Identifying and assessing clients' needs in order to implement therapeutic intervention
to meet developmental, behavioral, mental, and emotional needs.
(2)"Practice of art therapy" means to engage professionally and for compensation in art therapy
and appraisal activities by providing services involving the application of art therapy
principles and methods in the evaluation, prevention, treatment, and amelioration of
psychological problems and emotional or mental conditions. Proposed law provides a
nonexclusive list of activities which comprise the practice of art therapy.
Proposed law stipulates that nothing therein shall be construed to authorize an art therapist to do any
of the following:
(1)Diagnose mental illness.
(2)Engage in the practice of psychology as defined in present law.
(3)Administer or interpret any psychological tests provided for in present law.
(4)Prescribe, either orally or in writing, distribute, dispense, or administer any medications. Proposed law creates the Art Therapy Advisory Committee, referred to hereafter as the "advisory
committee", for the purpose of advising and make recommendations to the board regarding the
practice of art therapy and the licensure of art therapists. Provides that the advisory committee shall
be composed of five persons appointed by the president of the board, three of whom shall be selected
from a list of candidates submitted by the La. Art Therapy Association.
Proposed law provides that to qualify for licensure as an art therapist, an applicant shall submit to
the board an application on a form issued by the board, pay the license fee required by the board, and
furnish evidence satisfactory to the board and the advisory committee that he meets all of the
following qualifications:
(1)Is of good moral character.
(2)Is a resident of La. or is in the process of establishing residency in this state.
(3)Has been determined suitable and eligible for licensure pursuant to a review by the board of
criminal history record information obtained by the board as authorized in proposed law.
Proposed law requires the advisory committee to recommend to the board that an applicant who
meets the qualifications provided in proposed law be licensed as an art therapist after the applicant
provides satisfactory evidence to the advisory committee that he has done all of the following:
(1)Successfully completed a master's degree or a doctoral degree from a regionally accredited
institution of higher education in a program in art therapy approved by the American Art
Therapy Association, or in a substantially equivalent post-graduate program approved by the
board that requires a minimum of 60 graduate semester hours and includes all of the
following:
(a)Graduate-level courses and training in all areas required by the board in rule.
(b)An art therapy internship of not less than 600 hours that is performed under
supervision and is part of an approved course of study.
(2)Completed at least two calendar years, with a minimum of 3,000 hours, of supervised work
experience in art therapy under an art therapy certified supervisor credentialed by the Art
Therapy Credentials Board or other qualified supervisor approved by the La. State Board of
Medical Examiners. Proposed law provides that each multiple of 30 graduate semester hours
completed beyond the master's degree requirement may substitute for 500 hours of
supervised experience.
(3)Passed the board examination conducted by the Art Therapy Credentials Board.
Proposed law authorizes the board to provide in rule for qualifications necessary for art therapists
to be licensed by reciprocity and procedures for such licensure. Proposed law authorizes the board, after an administrative hearing conducted in accordance with
present law, or by consent of the parties, to deny or refuse to issue, revoke, suspend, or cancel a
license provided for in proposed law or place on probation, reprimand, censure, or otherwise
discipline a licensee upon proof satisfactory to the board that the person has violated any provision
of proposed law relative to improper and unprofessional conduct.
Proposed law provides that a license issued in accordance with its provisions shall be valid for two
years and subject to biennial renewal. Provides that to renew a license, a person shall pay a renewal
fee required by the board not later than the expiration date of the license, and shall satisfy the
continuing education requirements established by the board in rule.
Proposed law prohibits individuals who do not possess a valid license issued in accordance with
proposed law from using the title "art therapist", "licensed art therapist", or any word, letter,
abbreviation, or insignia that indicates or implies that they have been issued a license or met the
qualifications for licensure established by proposed law.
Proposed law stipulates that if the board believes that a person has engaged, or is going to engage,
in an act or practice that constitutes or will constitute a violation of proposed law, then the board may
apply to a district court of appropriate jurisdiction for an order enjoining the act or practice. Provides
that in such cases, the court may grant an injunction, a restraining order, or another appropriate order
relative to the prohibited act or practice.
Proposed law provides that any person who violates proposed law shall, upon conviction, be guilty
of a misdemeanor punishable by a fine not to exceed $1,000 for the first offense and $2,000 for each
subsequent offense. Provides that in addition to any other authorized penalty, the board may petition
a district court of appropriate jurisdiction to enjoin the person who violates proposed law from
practicing art therapy.
Proposed law provides that there shall be no liability on the part of and no action for damages against
any member of the board, or any agent or employee of the board, in any civil action for any act
performed in good faith in the execution of his duties in accordance with proposed law. Provides
further that no person shall be held liable for damages pursuant to any provision of present law for
providing information to the board without malice and under the reasonable belief that such
information is accurate, whether providing such information as a witness or otherwise.
(Amends R.S. 37:1277(A)(intro. para.) and (1); Adds R.S. 37:1360.121 through 1360.132)