89R2692 JCG-F
By: West S.B. No. 1081
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of art therapy, including the
establishment of the Texas Art Therapy Board and the duties of the
Texas Behavioral Health Executive Council; requiring an
occupational license; creating a criminal offense; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
SECTION 1.01. Section 507.001, Occupations Code, is amended
by amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Art therapy board" means the Texas Art Therapy
Board established under Chapter 508.
(1-a) "Executive council" means the Texas Behavioral
Health Executive Council.
SECTION 1.02. Section 507.051(a), Occupations Code, is
amended to read as follows:
(a) The Texas Behavioral Health Executive Council consists
of eleven [nine] members as follows:
(1) one marriage and family therapist member and one
public member of the marriage and family therapy board, each
appointed by that board;
(2) one licensed professional counselor member and one
public member of the professional counseling board, each appointed
by that board;
(3) one psychologist member and one public member of
the psychology board, each appointed by that board;
(4) one social worker member and one public member of
the social work board, each appointed by that board; [and]
(5) one professional art therapist member and the
public member of the art therapy board, each appointed by that
board; and
(6) one public member appointed by the governor.
SECTION 1.03. Section 507.052, Occupations Code, is amended
to read as follows:
Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
GOVERNOR. A person is not eligible for appointment by the governor
as a public member of the executive council if the person or the
person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the executive council, the marriage and family
therapy board, the professional counseling board, the psychology
board, [or] the social work board, or the art therapy board;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the executive
council, the marriage and family therapy board, the professional
counseling board, the psychology board, [or] the social work board,
or the art therapy board; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the executive council, the marriage
and family therapy board, the professional counseling board, the
psychology board, [or] the social work board, or the art therapy
board, other than compensation or reimbursement authorized by law
for executive council, marriage and family therapy board,
professional counseling board, psychology board, [or] social work
board, or art therapy board membership, attendance, or expenses.
SECTION 1.04. Section 507.053(c), Occupations Code, is
amended to read as follows:
(c) A person may not be a member of the executive council or
act as the general counsel to the executive council if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the executive council,
the marriage and family therapy board, the professional counseling
board, the psychology board, [or] the social work board, or the art
therapy board.
SECTION 1.05. Section 507.151(a), Occupations Code, is
amended to read as follows:
(a) The executive council shall administer and enforce this
chapter and Chapters 501, 502, 503, [and] 505, and 508.
SECTION 1.06. Section 507.153(a), Occupations Code, is
amended to read as follows:
(a) Unless the rule has been proposed by the applicable
board for the profession, the executive council may not adopt under
this chapter or Chapter 501, 502, 503, [or] 505, or 508:
(1) a rule regarding:
(A) the qualifications necessary to obtain a
license, including limiting an applicant's eligibility for a
license based on the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for the profession; or
(C) continuing education requirements for
license holders; or
(2) a schedule of sanctions for violations of the laws
and rules applicable to the profession.
SECTION 1.07. Section 507.154, Occupations Code, is amended
to read as follows:
Sec. 507.154. FEES. The executive council shall set fees in
amounts reasonable and necessary to cover the costs of
administering this chapter and Chapters 501, 502, 503, [and] 505,
and 508, including fees for:
(1) licenses issued by the executive council;
(2) license renewals and late renewals;
(3) examinations; and
(4) any other program or activity administered by the
executive council for which a fee is authorized.
ARTICLE 2. ART THERAPISTS
SECTION 2.01. Subtitle I, Title 3, Occupations Code, is
amended by adding Chapter 508 to read as follows:
CHAPTER 508. ART THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 508.001. SHORT TITLE. This chapter may be cited as the
"Art Therapy Licensing and Practice Act."
Sec. 508.002. DEFINITIONS. In this chapter:
(1) "Accredited educational institution" means:
(A) a university or college accredited by the
Commission on Accreditation of Allied Health Education Programs or
another nationally recognized accrediting agency of institutions
of higher education approved by the executive council; or
(B) an institution and clinical program approved
by the American Art Therapy Association, or a successor
organization approved by the executive council.
(2) "Board" means the Texas Art Therapy Board.
(3) "Executive council" means the Texas Behavioral
Health Executive Council.
(4) "Face-to-face meeting" means:
(A) an in-person meeting between two or more
persons; or
(B) a video meeting between two or more persons,
if the meeting is synchronous and involves verbal and visual
interaction.
(5) "Licensed associate art therapist" means a person
who holds an associate art therapist license issued under this
chapter.
(6) "Licensed professional art therapist" means a
person who holds a professional art therapist license issued under
this chapter.
(7) "Qualified art therapy supervisor" means any
person who:
(A) is a licensed professional art therapist; or
(B) both:
(i) is a licensed professional counselor,
licensed clinical social worker, licensed psychologist, licensed
marriage and family therapist, or licensed physician; and
(ii) holds a credential as a Registered Art
Therapist with Board Certification (ATR-BC) or Art Therapy
Credentialed Supervisor (ATCS) issued by the Art Therapy
Credentials Board, Inc.
(8) "Supervised educational experience" means the
regular oversight of the functions and activities of a graduate art
therapy student by a qualified art therapy supervisor as part of
either:
(A) an internship or practicum experience; or
(B) the practice of art therapy to fulfill the
requirements to be licensed under this chapter.
(9) "Supervision" means a formalized professional
relationship between a qualified art therapy supervisor and a
supervised person in which the qualified art therapy supervisor
directs, monitors, and evaluates the supervised person's
professional art therapy practice while promoting the development
of the supervised person's knowledge, skills, and abilities to
provide professional art therapy services in an ethical and
competent manner.
Sec. 508.003. PRACTICE OF ART THERAPY. A person practices
art therapy if the person provides, for compensation, a specialized
form of psychotherapy that involves expressive arts media and the
creative process to address and alleviate mental and emotional
disorders or psychopathologies, improve cognitive function or
sensory-motor functions, or support wellness, through diagnosis,
assessment, testing, treatment, evaluation, or rehabilitation.
The practice of art therapy includes:
(1) an evidence-based clinical practice of art therapy
within a professional relationship conducted by a professionally
trained art therapist who is licensed under this chapter;
(2) the integration of psychological theories, art
therapy theory, art-based assessment models, traditional verbal
counseling techniques, and the creative process into the provision
of psychotherapy;
(3) the provision of services to accomplish art
therapy goals, including using expressive arts media, creative
techniques, nonverbal communication, psychotherapy, art-based
assessment models, and the creative process in a therapeutic
relationship between a client and a licensed professional art
therapist or a licensed art therapy associate;
(4) evaluation, assessment, and diagnosis to define
and implement individualized treatment plans to address
developmental, rehabilitative, habilitative, medical, mental
health, preventive, wellness care, or educational needs of clients;
(5) systematically evaluating and comparing a client's
response to an individualized art therapy treatment plan and
suggesting modifications, as appropriate;
(6) therapeutic interventions to facilitate
alternative modes of receptive and expressive communication that
can circumvent the limitations of verbal articulation;
(7) the use of treatment interventions that include
psychotherapy or counseling integrated with art therapy theory, the
creative process, or art media to facilitate human development and
to identify and remediate mental, emotional, or behavioral
disorders and associated distresses that interfere with daily
functioning; and
(8) the use of appropriate knowledge and specialized
training in art therapy theory, art media, the creative process,
the neurobiological implications of art-making, psychotherapy and
counseling principles and theory, and clinical decision-making
skills to inform practice and determine the appropriate course of
action, tailored to the context of each specific clinical setting.
Sec. 508.004. APPLICABILITY. (a) This chapter does not
apply to:
(1) a student or intern who:
(A) practices under the supervision of a
qualified art therapy supervisor in an educational institution or
agency as part of the institution's or agency's graduate degree
program in art therapy or a related field; and
(B) is designated by a title such as "student,"
"trainee," "intern," or another title clearly indicating the
person's training status; or
(2) an activity conducted or a service performed by a
person who is licensed, certified, or registered in a profession
other than art therapy, if:
(A) the activity or service is conducted or
performed within the scope of the person's license, certificate, or
registration; and
(B) the person does not represent the person to
the public by any title, initials, or description of services as
being a licensed professional art therapist or a licensed associate
art therapist.
(b) The executive council may adopt rules governing the
supervision required to qualify for the exemption under Subsection
(a).
SUBCHAPTER B. TEXAS ART THERAPY BOARD
Sec. 508.051. BOARD; MEMBERSHIP. (a) The Texas Art Therapy
Board consists of five members appointed by the governor with the
advice and consent of the senate as follows:
(1) three licensed professional art therapists who
have been actively engaged in the practice of art therapy in this
state for at least the three years preceding the member's
appointment;
(2) one health care professional who is not a licensed
professional art therapist; and
(3) one member who represents the public.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
(c) Notwithstanding Subsection (a)(1), a person practicing
as a professional art therapist is eligible for appointment as an
initial member of the board regardless of whether the person holds a
professional art therapy license issued under this chapter. This
subsection expires September 1, 2026.
Sec. 508.052. PUBLIC MEMBERSHIP ELIGIBILITY. (a) The
public member of the board may not:
(1) be licensed under this chapter; or
(2) have an interest in the practice of art therapy
other than as a consumer.
(b) A person is not eligible for appointment as the public
member of the board if:
(1) the person is registered, certified, or licensed
by an occupational regulatory agency in the field of health care;
(2) the person's spouse is registered, certified, or
licensed by an occupational regulatory agency in the field of
mental health; or
(3) the person or the person's spouse:
(A) is employed by or participates in the
management of a business entity or other organization regulated by
or receiving funds from the board or executive council;
(B) owns or controls, directly or indirectly,
more than a 10 percent interest in a business entity or other
organization regulated by or receiving funds from the board or
executive council; or
(C) uses or receives a substantial amount of
tangible goods, services, or funds from the board or executive
council, other than compensation or reimbursement authorized by law
for board membership, attendance, or expenses.
Sec. 508.053. MEMBERSHIP RESTRICTIONS. (a) In this
section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of mental
health.
(c) A person may not be a member of the board if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the board.
Sec. 508.054. TERMS. Members of the board serve staggered
six-year terms with the terms of one or two members expiring on
February 1 of each odd-numbered year.
Sec. 508.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 508.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 508.051(a);
(3) is ineligible for membership under Section 508.052
or 508.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board member
exists.
(c) If the executive director of the executive council has
knowledge that a potential ground for removal exists, the executive
director shall notify the presiding officer of the board of the
potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists. If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board, who shall then notify the
governor and attorney general that a potential ground for removal
exists.
Sec. 508.056. EXPENSE REIMBURSEMENT. Each board member is
entitled to reimbursement for expenses incurred in traveling to and
from the business of the board at the rates provided in the General
Appropriations Act for state employees. A member may not receive
actual or necessary expenses except for travel to and from
meetings.
Sec. 508.057. OFFICERS. (a) The governor shall designate a
member of the board as presiding officer. The presiding officer
serves in that capacity at the will of the governor.
(b) The board shall elect an assistant presiding officer to
serve as provided by board rule.
Sec. 508.058. MEETINGS. (a) The board shall meet at least
three times each year.
(b) The board may hold other regular meetings as provided by
board rule and special meetings as determined by the board.
Sec. 508.059. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations;
(2) the programs, functions, rules, and budget of the
board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including any
rule, interpretation, or enforcement action that:
(A) regulates the scope of practice of persons in
a profession or business the board regulates;
(B) restricts advertising by persons in a
profession or business the board regulates;
(C) affects the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restricts participation in a profession or
business the board regulates;
(5) the results of the most recent formal audit of the
board;
(6) the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosure of conflicts
of interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) The executive director of the executive council shall
create a training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each board member. Each member of
the board shall sign and submit to the executive director a
statement acknowledging that the member received and has reviewed
the training manual.
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 508.101. GENERAL POWERS AND DUTIES OF EXECUTIVE
COUNCIL. (a) The executive council shall administer and enforce
this chapter.
(b) The executive council may:
(1) adopt and enforce rules necessary to perform the
executive council's duties under this chapter;
(2) ensure strict compliance with and enforcement of
this chapter, including by recommending violations of this chapter
to the appropriate district, criminal district, or county attorney
for prosecution; and
(3) enter into contracts as necessary to administer
and enforce this chapter.
(c) The executive council shall adopt a code of ethics for
license holders.
Sec. 508.102. BOARD DUTIES. The board shall propose to the
executive council:
(1) rules regarding:
(A) the qualifications necessary to obtain a
license, including rules limiting an applicant's eligibility for a
license based on the applicant's criminal history;
(B) the scope of practice of and standards of
care and ethical practice for the practice of art therapy; and
(C) continuing education requirements for
license holders; and
(2) a schedule of sanctions for violations of this
chapter or rules adopted under this chapter.
Sec. 508.103. ROSTER OF PERSONS LICENSED UNDER THIS
CHAPTER. The executive council shall compile and publish annually
a roster of names, license numbers, and addresses of each person
licensed under this chapter.
Sec. 508.104. FEES. (a) Subject to Subsection (b), the
executive council shall establish reasonable and necessary fees for
the administration of this chapter, including fees for license
applications and license renewals and any penalty fee for late
renewals.
(b) The fee to apply for a professional art therapist
license must be at least $183.
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 508.151. LICENSE REQUIRED TO PRACTICE ART THERAPY;
TITLE RESTRICTIONS. (a) A person may not engage in the practice of
art therapy unless the person is licensed under this chapter.
(b) Unless the person holds the appropriate license under
this chapter, a person may not use or cause to be used:
(1) the titles "licensed professional art therapist"
or "licensed associate art therapist";
(2) the abbreviations "LPAT" or "LAAT"; or
(3) any other title, designation, word, letter,
abbreviation, or insignia indicating the practice of art therapy.
Sec. 508.152. APPLICATION; ISSUANCE. (a) A person may
apply for a license under this chapter by submitting an application
to the executive council and paying any required fee. The
application must:
(1) be on a form and submitted in a manner prescribed
by the executive council;
(2) include evidence satisfactory to the executive
council that the applicant meets the eligibility requirements for
the license for which the applicant is applying; and
(3) contain any other information required by
executive council rule.
(b) The executive council shall review applications
submitted under Subsection (a) and issue the appropriate license to
a person who meets the eligibility requirements of this chapter for
the license for which the person applied.
Sec. 508.153. ELIGIBILITY FOR PROFESSIONAL ART THERAPIST
LICENSE. (a) To be eligible for a professional art therapist
license, an applicant must:
(1) be at least 21 years of age;
(2) be licensed as an associate art therapist;
(3) subject to Subsection (b), have completed the
minimum number of hours practicing art therapy as a licensed
associate art therapist as required by executive council rule in a
period of not less than two years, which may not be less than 3,000
hours; and
(4) satisfactorily complete the Art Therapy
Credentials Board Examination (ATC-BE) or a substantially similar
examination approved by the executive council.
(b) With respect to the hours required under Subsection
(a)(3):
(1) at least 1,500 of those hours must have been spent
practicing art therapy with clients in face-to-face meetings for
the purpose of diagnosing or treating mental, emotional,
behavioral, or addiction disorders;
(2) for every 10 hours the licensed associate art
therapist practices art therapy with clients in face-to-face
meetings, the qualified art therapy supervisor must provide to the
licensed associate art therapist at least one hour of direct
supervision by face-to-face meeting; and
(3) notwithstanding Subdivision (2), the qualified
art therapy supervisor must provide at least two hours of
supervision each month to the associate art therapist through group
or individual supervision, which shall be credited toward meeting
the hours of supervision required by Subdivision (2).
Sec. 508.154. ELIGIBILITY FOR ASSOCIATE ART THERAPIST
LICENSE. To be eligible for an associate art therapist license, an
applicant must:
(1) be at least 21 years of age;
(2) either:
(A) have completed a master's or doctoral degree
program in art therapy with an accredited educational institution
that included at least 700 hours of supervised educational
experience through an internship; or
(B) have completed each of the following:
(i) a master's or doctoral degree program in
a field related to art therapy with an accredited educational
institution;
(ii) as part of the degree program
described by Subparagraph (i), at least 30 graduate credit hours in
any combination of the following subjects:
(a) theory and practice of art
therapy, including applicable standards for the practice of art
therapy;
(b) art therapy media and techniques;
(c) history of art therapy;
(d) human growth and developmental
dynamics in art;
(e) application of art therapy with
persons in different treatment settings;
(f) art therapy appraisal;
(g) diagnosis and assessment;
(h) group art therapy;
(i) ethical and legal issues of art
therapy practice; and
(j) matters of cultural and social
diversity bearing on the practice of art therapy; and
(iii) at least 700 hours of supervised
educational experience through an internship;
(3) submit at least one letter of recommendation
attesting to the applicant's integrity and competence from a
qualified art therapy supervisor who has provided direct clinical
supervision of the applicant's graduate program clinical training,
practicum, or internship; and
(4) have secured employment as an associate art
therapist and completed a postgraduate supervised training plan on
forms prescribed by the executive council describing the services
to be provided, place of employment, and individuals responsible
for supervision and in a statement acknowledging the rules and
requirements for practice as an associate art therapist.
Sec. 508.155. EXAMINATIONS. The executive council shall
adopt or develop, and administer as necessary, examinations for
licensure as a professional art therapist and associate art
therapist.
Sec. 508.156. ISSUANCE OF LICENSE TO APPLICANTS LICENSED IN
OTHER JURISDICTIONS. The executive council may issue a
professional art therapist license or associate art therapist
license to an applicant for a license under this chapter who is
licensed, registered, certified, or otherwise credentialed in
another jurisdiction to engage in the practice of art therapy if:
(1) the executive council determines that the
standards for issuance of the credential issued in the other
jurisdiction are substantially equivalent to the requirements for a
license under this chapter;
(2) the applicant demonstrates in the manner
prescribed by the executive council that the applicant:
(A) will comply with the laws and rules governing
the practice of art therapy in this state and practice art therapy
within the scope authorized by law;
(B) has not been subject to any disciplinary
action of a serious nature by the licensing authority in the other
jurisdiction; and
(C) has completed a master's or doctoral degree
program in art therapy or a related field with an accredited
educational institution; and
(3) the applicant pays any required application fee.
Sec. 508.157. ISSUANCE OF LICENSE FOR CERTAIN PERSONS
PRACTICING ART THERAPY BEFORE ENACTMENT OF CHAPTER; EXPIRATION.
(a) The executive council may waive the requirements of this
chapter for licensure as a professional art therapist for an
applicant who, not later than March 1, 2027, pays any required
application fee and demonstrates to the executive council in a
manner prescribed by the executive council that the applicant:
(1) has completed a master's or doctoral degree
program in art therapy or a related field;
(2) holds a credential in good standing with the Art
Therapy Credentials Board, Inc., or an equivalent credential as
determined by the executive council; and
(3) has engaged in the practice of art therapy for at
least five years preceding September 1, 2025.
(b) This section expires September 1, 2027.
SUBCHAPTER E. LICENSE RENEWAL AND CONTINUING EDUCATION
Sec. 508.201. PROFESSIONAL ART THERAPIST LICENSE TERM;
RENEWAL. (a) A professional art therapist license is valid for a
term of two years.
(b) The executive council by rule shall adopt a system under
which professional art therapist licenses expire on various dates
during the year.
(c) To renew a professional art therapist license, the
license holder must apply on a form and in a manner prescribed by
the executive council, pay any required fee, and demonstrate to the
satisfaction of the executive council that the license holder has
completed any required continuing education.
(d) On application by a license holder, the executive
council shall renew the license if the license holder meets all the
renewal requirements of this chapter, including any rule adopted
under this chapter.
Sec. 508.202. ASSOCIATE ART THERAPIST LICENSE TERM;
EXTENSION OF TERM. (a) An associate art therapist license is valid
for a term of three years and may not be renewed.
(b) A licensed associate art therapist who has not met the
requirement for licensure as a professional art therapist before
the expiration of the person's license may apply for a one-time
extension of the license for an additional two years. An
application for extension under this subsection must include:
(1) a plan for completing the requirements to obtain a
professional art therapist license;
(2) documented evidence of compliance with any
required continuing education;
(3) documented evidence that the license holder is
receiving appropriate supervision from a qualified art therapy
supervisor; and
(4) at least one letter of recommendation from a
qualified art therapy supervisor who is providing supervision to
the license holder.
Sec. 508.203. CONTINUING EDUCATION. (a) The executive
council shall:
(1) require each person licensed under this chapter to
complete a minimum number of continuing education courses or
programs once every 24 months;
(2) recognize the American Art Therapy Association and
other persons as providers of continuing education for any
continuing education required under Chapter 507, this chapter, or a
rule adopted under either of those chapters;
(3) subject to Subsection (b), accredit educational
courses or programs related to art therapy as qualifying continuing
education, including:
(A) attending meetings of constituents and
components of art therapy associations recognized by the executive
council;
(B) preparing or participating in examinations;
(C) preparing papers;
(D) publications;
(E) presentations; and
(F) obtaining teaching and research
appointments; and
(4) establish procedures for the issuance of
continuing education credit on receiving satisfactory evidence of
completion of the courses or programs described by Subdivision (3).
(b) The executive council may approve courses or programs
described by Subsection (a)(3) only if the programs are open to all
art therapists in this state on a reasonably nondiscriminatory
basis.
(c) For an education course or program that qualifies as
continuing education, each hour of instruction is equivalent to one
credit.
(d) As part of the continuing education hours required under
Subsection (a)(1), each person licensed under this chapter must
complete at least three hours of courses or programs on the ethical
practice of art therapy.
Sec. 508.204. EXTENSION TO COMPLETE CONTINUING EDUCATION
REQUIREMENTS. The executive council shall adopt rules to provide
for a professional art therapy license holder who is unable to
complete the required continuing education hours for renewal before
the expiration of the license holder's license to apply for an
extension of the term of the license for a time considered adequate
by the executive council for the license holder to complete any
remaining required continuing education hours.
Sec. 508.205. REQUIRED NOTICE OF RENEWAL; INACTIVE STATUS.
(a) Not later than the 30th day before the date a person's
professional art therapy license expires, the executive council
shall provide notice to the license holder of the renewal fees under
Section 507.255 and that the license holder may request that the
executive council place the license on inactive status.
(b) On request of a professional art therapy license holder,
the executive council shall place the person's license on inactive
status.
(c) A person whose license is inactive:
(1) may not practice art therapy under this chapter;
and
(2) is not required to pay a license renewal fee or any
penalty fee.
(d) A person whose license is inactive may apply to
reactivate the license. The executive council shall reactivate the
license if the applicant:
(1) pays a license fee;
(2) is not in violation of this chapter when the
applicant applies to reactivate the license; and
(3) fulfills the requirements provided by executive
council rule for the holder of an inactive license.
SUBCHAPTER F. PRACTICE BY LICENSE HOLDER
Sec. 508.251. INDEPENDENT PRACTICE BY LICENSED
PROFESSIONAL ART THERAPIST. (a) In this section, the "independent
practice of art therapy" means to diagnose and treat mental health
disorders specified in the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders designated by the
executive council for use by licensed professional art therapists.
(b) Notwithstanding any other law, a licensed professional
art therapist may engage in the independent practice of art
therapy.
(c) If a client has symptoms of a mental disorder, a
licensed professional art therapist shall request a consultation
from and consult with the client's primary care physician or
psychiatrist, as applicable, to determine whether a medical
condition or medication is causing or contributing to the client's
symptoms of the mental disorder.
(d) A licensed professional art therapist is not required to
consult a client's primary care physician or psychiatrist under
Subsection (c) if the client waives that requirement in writing.
The licensed professional art therapist shall maintain any written
waiver under this subsection with the client's records.
(e) Regardless of when the consultation required by
Subsection (c) is obtained, the licensed professional art therapist
may continue, after the consultation is requested under Subsection
(c) or waived under Subsection (d), to evaluate and treat the
client.
(f) The executive council may adopt rules governing the
independent practice of art therapy by a licensed professional art
therapist.
Sec. 508.252. SUPERVISED PRACTICE OF ART THERAPY BY
LICENSED ASSOCIATE ART THERAPIST. (a) A licensed associate art
therapist may not:
(1) practice art therapy unless:
(A) the licensed associate art therapist is
practicing under the supervision of a qualified art therapy
supervisor;
(B) the licensed associate art therapist and each
of the therapist's qualified art therapy supervisors have entered
into a postgraduate supervised training plan on forms prescribed by
the executive council describing the services to be provided, place
of employment, and individuals responsible for supervision and in a
statement acknowledging the rules and requirements for practice as
a licensed associate art therapist; and
(C) the training plan described by Paragraph (B)
has been approved by the executive council; and
(2) represent that the licensed associate art
therapist is a licensed professional art therapist or that the
licensed associate art therapist may engage in the independent
practice of art therapy.
(b) The supervision of a licensed associate art therapist by
a qualified art therapy supervisor must comply with the following
requirements:
(1) the practice of art therapy is under the order,
control, and full professional responsibility of the supervisor who
reviews aspects of the practice and case management in a
face-to-face meeting with the therapist; and
(2) the supervisor:
(A) accepts direct responsibility for the client
services provided by the licensed associate art therapist and
conducts regular face-to-face meetings with the therapist;
(B) ensures that the extent, kind, and quality of
art therapy services provided by the therapist are consistent with
the education, training, and experience of the therapist;
(C) reviews client or patient records of the
clients or patients for whom the therapist provided art therapy
services;
(D) monitors the therapist's practice of art
therapy;
(E) evaluates any assessment administered,
diagnosis made, or treatment decision made by the therapist; and
(F) ensures compliance with laws and rules
governing the practice of art therapy, including as practiced by a
licensed associate art therapist.
Sec. 508.253. CONFIDENTIALITY OF COMMUNICATIONS MADE
DURING ART THERAPY SERVICES. (a) Any communication made between a
licensed professional art therapist or a licensed associate art
therapist and the therapist's client while the therapist is
practicing art therapy is confidential.
(b) A communication that is confidential under this section
may not be disclosed by the therapist unless:
(1) the client receiving the art therapy service
authorizes the disclosure in writing;
(2) the therapist is the defendant in a civil,
criminal, or administrative action arising from the art therapy
service during which the communication was made; or
(3) the disclosure is authorized by other law.
(c) A disclosure authorized by Subsection (b) does not waive
the right to assert in the future that the communication is
confidential.
SUBCHAPTER G. DISCIPLINARY ACTIONS
Sec. 508.301. DISCIPLINARY ACTIONS. A person is subject to
disciplinary action as provided by Subchapter G or H, Chapter 507,
if the person:
(1) violates this chapter or a rule or code of ethics
adopted under this chapter; or
(2) commits an act for which liability exists under
Chapter 81, Civil Practice and Remedies Code.
Sec. 508.302. REFUND. (a) Subject to Subsection (b), the
executive council may order a license holder to pay a refund to a
consumer as provided in an agreement resulting from an informal
settlement conference instead of or in addition to imposing an
administrative penalty under Subchapter H, Chapter 507.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The executive council may not
require payment of other damages or estimate harm in a refund order.
SUBCHAPTER H. CRIMINAL PENALTY
Sec. 508.351. OFFENSE. (a) A person commits an offense if
the person:
(1) violates Section 508.151; or
(2) engages in the independent practice of art therapy
without holding a professional art therapist license.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2.02. Section 81.001(2), Civil Practice and
Remedies Code, is amended to read as follows:
(2) "Mental health services provider" means an
individual, licensed or unlicensed, who performs or purports to
perform mental health services, including a:
(A) licensed social worker as defined by Section
505.002, Occupations Code;
(B) chemical dependency counselor as defined by
Section 504.001, Occupations Code;
(C) licensed professional counselor as defined
by Section 503.002, Occupations Code;
(D) licensed marriage and family therapist as
defined by Section 502.002, Occupations Code;
(E) member of the clergy;
(F) physician who is practicing medicine as
defined by Section 151.002, Occupations Code;
(G) psychologist offering psychological services
as defined by Section 501.003, Occupations Code; [or]
(H) special officer for mental health assignment
certified under Section 1701.404, Occupations Code; or
(I) professional art therapist or associate art
therapist licensed under Chapter 508, Occupations Code.
SECTION 2.03. As soon as practicable after the effective
date of this Act, the governor shall appoint the members of the
Texas Art Therapy Board in accordance with Chapter 508, Occupations
Code, as added by this Act. In making the initial appointments, the
governor shall designate two members for terms expiring February 1,
2027, two members for terms expiring February 1, 2029, and one
member for a term expiring February 1, 2031.
SECTION 2.04. Not later than January 1, 2026, the Texas
Behavioral Health Executive Council shall adopt the rules,
procedures, and fees necessary to administer Chapter 508,
Occupations Code, as added by this Act.
SECTION 2.05. Notwithstanding Chapter 508, Occupations
Code, as added by this Act, an art therapist is not required to hold
a license under that chapter to practice as a licensed professional
art therapist or licensed associate art therapist in this state
before September 1, 2026.
ARTICLE 3. CONFORMING AMENDMENTS
SECTION 3.01. Sections 503.310(a) and (b), Occupations
Code, are amended to read as follows:
(a) On application and payment of applicable fees, the
executive council may issue a provisional license to a person who
holds a license as a counselor [or art therapist] issued by another
state or by a jurisdiction acceptable to the executive council.
(b) An applicant for a provisional license must:
(1) be licensed in good standing as a counselor [or art
therapist] in another state, territory, or jurisdiction that has
licensing requirements substantially equivalent to the
requirements of this chapter;
(2) have passed the required license examination; and
(3) be sponsored by a person licensed under this
chapter with whom the applicant may practice under a provisional
license.
SECTION 3.02. Section 503.452(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly:
(1) engages in the practice of professional counseling
without holding a license under this chapter;
(2) represents the person by the title "Licensed
Professional Counselor" or "Licensed Counselor" without holding a
license under this chapter;
[(3) represents the person by the title "Licensed
Professional Counselor -- Art Therapist," "Art Therapist," or by
the initials "L.P.C. -- A.T." or "A.T." without:
[(A) holding a license with a specialization in
art therapy under Section 503.303; or
[(B) holding a license under Section 503.309;] or
(3) [(4)] uses any title, words, letters, or
abbreviations that imply that the person is licensed under this
chapter if the person is not licensed under this chapter.
SECTION 3.03. Section 503.303, Occupations Code, is
repealed.
SECTION 3.04. Section 503.452(a), Occupations Code, as
amended by this Act, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect on
the date the offense was committed, and the former law is continued
in effect for that purpose. For purposes of this section, an
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
ARTICLE 4. EFFECTIVE DATE
SECTION 4.01. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2025.
(b) Section 508.151 and Subchapters G and H, Chapter 508,
Occupations Code, as added by this Act, take effect September 1,
2026.