Texas 2025 - 89th Regular

Texas Senate Bill SB1081 Compare Versions

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

Old	New	Differences
1	1	89R2692 JCG-F
2	2	By: West S.B. No. 1081
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of art therapy, including the
10	10	establishment of the Texas Art Therapy Board and the duties of the
11	11	Texas Behavioral Health Executive Council; requiring an
12	12	occupational license; creating a criminal offense; imposing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	ARTICLE 1. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL
15	15	SECTION 1.01. Section 507.001, Occupations Code, is amended
16	16	by amending Subdivision (1) and adding Subdivision (1-a) to read as
17	17	follows:
18	18	(1) "Art therapy board" means the Texas Art Therapy
19	19	Board established under Chapter 508.
20	20	(1-a) "Executive council" means the Texas Behavioral
21	21	Health Executive Council.
22	22	SECTION 1.02. Section 507.051(a), Occupations Code, is
23	23	amended to read as follows:
24	24	(a) The Texas Behavioral Health Executive Council consists
25	25	of eleven [nine] members as follows:
26	26	(1) one marriage and family therapist member and one
27	27	public member of the marriage and family therapy board, each
28	28	appointed by that board;
29	29	(2) one licensed professional counselor member and one
30	30	public member of the professional counseling board, each appointed
31	31	by that board;
32	32	(3) one psychologist member and one public member of
33	33	the psychology board, each appointed by that board;
34	34	(4) one social worker member and one public member of
35	35	the social work board, each appointed by that board; [and]
36	36	(5) one professional art therapist member and the
37	37	public member of the art therapy board, each appointed by that
38	38	board; and
39	39	(6) one public member appointed by the governor.
40	40	SECTION 1.03. Section 507.052, Occupations Code, is amended
41	41	to read as follows:
42	42	Sec. 507.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
43	43	GOVERNOR. A person is not eligible for appointment by the governor
44	44	as a public member of the executive council if the person or the
45	45	person's spouse:
46	46	(1) is registered, certified, or licensed by an
47	47	occupational regulatory agency in the field of health care;
48	48	(2) is employed by or participates in the management
49	49	of a business entity or other organization regulated by or
50	50	receiving money from the executive council, the marriage and family
51	51	therapy board, the professional counseling board, the psychology
52	52	board, [or] the social work board, or the art therapy board;
53	53	(3) owns or controls, directly or indirectly, more
54	54	than a 10 percent interest in a business entity or other
55	55	organization regulated by or receiving money from the executive
56	56	council, the marriage and family therapy board, the professional
57	57	counseling board, the psychology board, [or] the social work board,
58	58	or the art therapy board; or
59	59	(4) uses or receives a substantial amount of tangible
60	60	goods, services, or money from the executive council, the marriage
61	61	and family therapy board, the professional counseling board, the
62	62	psychology board, [or] the social work board, or the art therapy
63	63	board, other than compensation or reimbursement authorized by law
64	64	for executive council, marriage and family therapy board,
65	65	professional counseling board, psychology board, [or] social work
66	66	board, or art therapy board membership, attendance, or expenses.
67	67	SECTION 1.04. Section 507.053(c), Occupations Code, is
68	68	amended to read as follows:
69	69	(c) A person may not be a member of the executive council or
70	70	act as the general counsel to the executive council if the person is
71	71	required to register as a lobbyist under Chapter 305, Government
72	72	Code, because of the person's activities for compensation on behalf
73	73	of a profession related to the operation of the executive council,
74	74	the marriage and family therapy board, the professional counseling
75	75	board, the psychology board, [or] the social work board, or the art
76	76	therapy board.
77	77	SECTION 1.05. Section 507.151(a), Occupations Code, is
78	78	amended to read as follows:
79	79	(a) The executive council shall administer and enforce this
80	80	chapter and Chapters 501, 502, 503, [and] 505, and 508.
81	81	SECTION 1.06. Section 507.153(a), Occupations Code, is
82	82	amended to read as follows:
83	83	(a) Unless the rule has been proposed by the applicable
84	84	board for the profession, the executive council may not adopt under
85	85	this chapter or Chapter 501, 502, 503, [or] 505, or 508:
86	86	(1) a rule regarding:
87	87	(A) the qualifications necessary to obtain a
88	88	license, including limiting an applicant's eligibility for a
89	89	license based on the applicant's criminal history;
90	90	(B) the scope of practice of and standards of
91	91	care and ethical practice for the profession; or
92	92	(C) continuing education requirements for
93	93	license holders; or
94	94	(2) a schedule of sanctions for violations of the laws
95	95	and rules applicable to the profession.
96	96	SECTION 1.07. Section 507.154, Occupations Code, is amended
97	97	to read as follows:
98	98	Sec. 507.154. FEES. The executive council shall set fees in
99	99	amounts reasonable and necessary to cover the costs of
100	100	administering this chapter and Chapters 501, 502, 503, [and] 505,
101	101	and 508, including fees for:
102	102	(1) licenses issued by the executive council;
103	103	(2) license renewals and late renewals;
104	104	(3) examinations; and
105	105	(4) any other program or activity administered by the
106	106	executive council for which a fee is authorized.
107	107	ARTICLE 2. ART THERAPISTS
108	108	SECTION 2.01. Subtitle I, Title 3, Occupations Code, is
109	109	amended by adding Chapter 508 to read as follows:
110	110	CHAPTER 508. ART THERAPISTS
111	111	SUBCHAPTER A. GENERAL PROVISIONS
112	112	Sec. 508.001. SHORT TITLE. This chapter may be cited as the
113	113	"Art Therapy Licensing and Practice Act."
114	114	Sec. 508.002. DEFINITIONS. In this chapter:
115	115	(1) "Accredited educational institution" means:
116	116	(A) a university or college accredited by the
117	117	Commission on Accreditation of Allied Health Education Programs or
118	118	another nationally recognized accrediting agency of institutions
119	119	of higher education approved by the executive council; or
120	120	(B) an institution and clinical program approved
121	121	by the American Art Therapy Association, or a successor
122	122	organization approved by the executive council.
123	123	(2) "Board" means the Texas Art Therapy Board.
124	124	(3) "Executive council" means the Texas Behavioral
125	125	Health Executive Council.
126	126	(4) "Face-to-face meeting" means:
127	127	(A) an in-person meeting between two or more
128	128	persons; or
129	129	(B) a video meeting between two or more persons,
130	130	if the meeting is synchronous and involves verbal and visual
131	131	interaction.
132	132	(5) "Licensed associate art therapist" means a person
133	133	who holds an associate art therapist license issued under this
134	134	chapter.
135	135	(6) "Licensed professional art therapist" means a
136	136	person who holds a professional art therapist license issued under
137	137	this chapter.
138	138	(7) "Qualified art therapy supervisor" means any
139	139	person who:
140	140	(A) is a licensed professional art therapist; or
141	141	(B) both:
142	142	(i) is a licensed professional counselor,
143	143	licensed clinical social worker, licensed psychologist, licensed
144	144	marriage and family therapist, or licensed physician; and
145	145	(ii) holds a credential as a Registered Art
146	146	Therapist with Board Certification (ATR-BC) or Art Therapy
147	147	Credentialed Supervisor (ATCS) issued by the Art Therapy
148	148	Credentials Board, Inc.
149	149	(8) "Supervised educational experience" means the
150	150	regular oversight of the functions and activities of a graduate art
151	151	therapy student by a qualified art therapy supervisor as part of
152	152	either:
153	153	(A) an internship or practicum experience; or
154	154	(B) the practice of art therapy to fulfill the
155	155	requirements to be licensed under this chapter.
156	156	(9) "Supervision" means a formalized professional
157	157	relationship between a qualified art therapy supervisor and a
158	158	supervised person in which the qualified art therapy supervisor
159	159	directs, monitors, and evaluates the supervised person's
160	160	professional art therapy practice while promoting the development
161	161	of the supervised person's knowledge, skills, and abilities to
162	162	provide professional art therapy services in an ethical and
163	163	competent manner.
164	164	Sec. 508.003. PRACTICE OF ART THERAPY. A person practices
165	165	art therapy if the person provides, for compensation, a specialized
166	166	form of psychotherapy that involves expressive arts media and the
167	167	creative process to address and alleviate mental and emotional
168	168	disorders or psychopathologies, improve cognitive function or
169	169	sensory-motor functions, or support wellness, through diagnosis,
170	170	assessment, testing, treatment, evaluation, or rehabilitation.
171	171	The practice of art therapy includes:
172	172	(1) an evidence-based clinical practice of art therapy
173	173	within a professional relationship conducted by a professionally
174	174	trained art therapist who is licensed under this chapter;
175	175	(2) the integration of psychological theories, art
176	176	therapy theory, art-based assessment models, traditional verbal
177	177	counseling techniques, and the creative process into the provision
178	178	of psychotherapy;
179	179	(3) the provision of services to accomplish art
180	180	therapy goals, including using expressive arts media, creative
181	181	techniques, nonverbal communication, psychotherapy, art-based
182	182	assessment models, and the creative process in a therapeutic
183	183	relationship between a client and a licensed professional art
184	184	therapist or a licensed art therapy associate;
185	185	(4) evaluation, assessment, and diagnosis to define
186	186	and implement individualized treatment plans to address
187	187	developmental, rehabilitative, habilitative, medical, mental
188	188	health, preventive, wellness care, or educational needs of clients;
189	189	(5) systematically evaluating and comparing a client's
190	190	response to an individualized art therapy treatment plan and
191	191	suggesting modifications, as appropriate;
192	192	(6) therapeutic interventions to facilitate
193	193	alternative modes of receptive and expressive communication that
194	194	can circumvent the limitations of verbal articulation;
195	195	(7) the use of treatment interventions that include
196	196	psychotherapy or counseling integrated with art therapy theory, the
197	197	creative process, or art media to facilitate human development and
198	198	to identify and remediate mental, emotional, or behavioral
199	199	disorders and associated distresses that interfere with daily
200	200	functioning; and
201	201	(8) the use of appropriate knowledge and specialized
202	202	training in art therapy theory, art media, the creative process,
203	203	the neurobiological implications of art-making, psychotherapy and
204	204	counseling principles and theory, and clinical decision-making
205	205	skills to inform practice and determine the appropriate course of
206	206	action, tailored to the context of each specific clinical setting.
207	207	Sec. 508.004. APPLICABILITY. (a) This chapter does not
208	208	apply to:
209	209	(1) a student or intern who:
210	210	(A) practices under the supervision of a
211	211	qualified art therapy supervisor in an educational institution or
212	212	agency as part of the institution's or agency's graduate degree
213	213	program in art therapy or a related field; and
214	214	(B) is designated by a title such as "student,"
215	215	"trainee," "intern," or another title clearly indicating the
216	216	person's training status; or
217	217	(2) an activity conducted or a service performed by a
218	218	person who is licensed, certified, or registered in a profession
219	219	other than art therapy, if:
220	220	(A) the activity or service is conducted or
221	221	performed within the scope of the person's license, certificate, or
222	222	registration; and
223	223	(B) the person does not represent the person to
224	224	the public by any title, initials, or description of services as
225	225	being a licensed professional art therapist or a licensed associate
226	226	art therapist.
227	227	(b) The executive council may adopt rules governing the
228	228	supervision required to qualify for the exemption under Subsection
229	229	(a).
230	230	SUBCHAPTER B. TEXAS ART THERAPY BOARD
231	231	Sec. 508.051. BOARD; MEMBERSHIP. (a) The Texas Art Therapy
232	232	Board consists of five members appointed by the governor with the
233	233	advice and consent of the senate as follows:
234	234	(1) three licensed professional art therapists who
235	235	have been actively engaged in the practice of art therapy in this
236	236	state for at least the three years preceding the member's
237	237	appointment;
238	238	(2) one health care professional who is not a licensed
239	239	professional art therapist; and
240	240	(3) one member who represents the public.
241	241	(b) Appointments to the board shall be made without regard
242	242	to the race, color, disability, sex, religion, age, or national
243	243	origin of the appointee.
244	244	(c) Notwithstanding Subsection (a)(1), a person practicing
245	245	as a professional art therapist is eligible for appointment as an
246	246	initial member of the board regardless of whether the person holds a
247	247	professional art therapy license issued under this chapter. This
248	248	subsection expires September 1, 2026.
249	249	Sec. 508.052. PUBLIC MEMBERSHIP ELIGIBILITY. (a) The
250	250	public member of the board may not:
251	251	(1) be licensed under this chapter; or
252	252	(2) have an interest in the practice of art therapy
253	253	other than as a consumer.
254	254	(b) A person is not eligible for appointment as the public
255	255	member of the board if:
256	256	(1) the person is registered, certified, or licensed
257	257	by an occupational regulatory agency in the field of health care;
258	258	(2) the person's spouse is registered, certified, or
259	259	licensed by an occupational regulatory agency in the field of
260	260	mental health; or
261	261	(3) the person or the person's spouse:
262	262	(A) is employed by or participates in the
263	263	management of a business entity or other organization regulated by
264	264	or receiving funds from the board or executive council;
265	265	(B) owns or controls, directly or indirectly,
266	266	more than a 10 percent interest in a business entity or other
267	267	organization regulated by or receiving funds from the board or
268	268	executive council; or
269	269	(C) uses or receives a substantial amount of
270	270	tangible goods, services, or funds from the board or executive
271	271	council, other than compensation or reimbursement authorized by law
272	272	for board membership, attendance, or expenses.
273	273	Sec. 508.053. MEMBERSHIP RESTRICTIONS. (a) In this
274	274	section, "Texas trade association" means a cooperative and
275	275	voluntarily joined statewide association of business or
276	276	professional competitors in this state designed to assist its
277	277	members and its industry or profession in dealing with mutual
278	278	business or professional problems and in promoting their common
279	279	interest.
280	280	(b) A person may not be a member of the board if:
281	281	(1) the person is an officer, employee, or paid
282	282	consultant of a Texas trade association in the field of health care;
283	283	or
284	284	(2) the person's spouse is an officer, manager, or paid
285	285	consultant of a Texas trade association in the field of mental
286	286	health.
287	287	(c) A person may not be a member of the board if the person
288	288	is required to register as a lobbyist under Chapter 305, Government
289	289	Code, because of the person's activities for compensation on behalf
290	290	of a profession related to the operation of the board.
291	291	Sec. 508.054. TERMS. Members of the board serve staggered
292	292	six-year terms with the terms of one or two members expiring on
293	293	February 1 of each odd-numbered year.
294	294	Sec. 508.055. GROUNDS FOR REMOVAL. (a) It is a ground for
295	295	removal from the board that a member:
296	296	(1) does not have at the time of taking office the
297	297	qualifications required by Section 508.051(a);
298	298	(2) does not maintain during service on the board the
299	299	qualifications required by Section 508.051(a);
300	300	(3) is ineligible for membership under Section 508.052
301	301	or 508.053;
302	302	(4) cannot, because of illness or disability,
303	303	discharge the member's duties for a substantial part of the member's
304	304	term; or
305	305	(5) is absent from more than half of the regularly
306	306	scheduled board meetings that the member is eligible to attend
307	307	during a calendar year without an excuse approved by a majority vote
308	308	of the board.
309	309	(b) The validity of an action of the board is not affected by
310	310	the fact that it is taken when a ground for removal of a board member
311	311	exists.
312	312	(c) If the executive director of the executive council has
313	313	knowledge that a potential ground for removal exists, the executive
314	314	director shall notify the presiding officer of the board of the
315	315	potential ground. The presiding officer shall then notify the
316	316	governor and the attorney general that a potential ground for
317	317	removal exists. If the potential ground for removal involves the
318	318	presiding officer, the executive director shall notify the next
319	319	highest ranking officer of the board, who shall then notify the
320	320	governor and attorney general that a potential ground for removal
321	321	exists.
322	322	Sec. 508.056. EXPENSE REIMBURSEMENT. Each board member is
323	323	entitled to reimbursement for expenses incurred in traveling to and
324	324	from the business of the board at the rates provided in the General
325	325	Appropriations Act for state employees. A member may not receive
326	326	actual or necessary expenses except for travel to and from
327	327	meetings.
328	328	Sec. 508.057. OFFICERS. (a) The governor shall designate a
329	329	member of the board as presiding officer. The presiding officer
330	330	serves in that capacity at the will of the governor.
331	331	(b) The board shall elect an assistant presiding officer to
332	332	serve as provided by board rule.
333	333	Sec. 508.058. MEETINGS. (a) The board shall meet at least
334	334	three times each year.
335	335	(b) The board may hold other regular meetings as provided by
336	336	board rule and special meetings as determined by the board.
337	337	Sec. 508.059. TRAINING. (a) A person who is appointed to
338	338	and qualifies for office as a member of the board may not vote,
339	339	deliberate, or be counted as a member in attendance at a meeting of
340	340	the board until the person completes a training program that
341	341	complies with this section.
342	342	(b) The training program must provide the person with
343	343	information regarding:
344	344	(1) the law governing board operations;
345	345	(2) the programs, functions, rules, and budget of the
346	346	board;
347	347	(3) the scope of and limitations on the rulemaking
348	348	authority of the board;
349	349	(4) the types of board rules, interpretations, and
350	350	enforcement actions that may implicate federal antitrust law by
351	351	limiting competition or impacting prices charged by persons engaged
352	352	in a profession or business the board regulates, including any
353	353	rule, interpretation, or enforcement action that:
354	354	(A) regulates the scope of practice of persons in
355	355	a profession or business the board regulates;
356	356	(B) restricts advertising by persons in a
357	357	profession or business the board regulates;
358	358	(C) affects the price of goods or services
359	359	provided by persons in a profession or business the board
360	360	regulates; or
361	361	(D) restricts participation in a profession or
362	362	business the board regulates;
363	363	(5) the results of the most recent formal audit of the
364	364	board;
365	365	(6) the requirements of:
366	366	(A) laws relating to open meetings, public
367	367	information, administrative procedure, and disclosure of conflicts
368	368	of interest; and
369	369	(B) other laws applicable to members of the board
370	370	in performing their duties; and
371	371	(7) any applicable ethics policies adopted by the
372	372	board or the Texas Ethics Commission.
373	373	(c) A person appointed to the board is entitled to
374	374	reimbursement, as provided by the General Appropriations Act, for
375	375	the travel expenses incurred in attending the training program
376	376	regardless of whether the attendance at the program occurs before
377	377	or after the person qualifies for office.
378	378	(d) The executive director of the executive council shall
379	379	create a training manual that includes the information required by
380	380	Subsection (b). The executive director shall distribute a copy of
381	381	the training manual annually to each board member. Each member of
382	382	the board shall sign and submit to the executive director a
383	383	statement acknowledging that the member received and has reviewed
384	384	the training manual.
385	385	SUBCHAPTER C. GENERAL POWERS AND DUTIES
386	386	Sec. 508.101. GENERAL POWERS AND DUTIES OF EXECUTIVE
387	387	COUNCIL. (a) The executive council shall administer and enforce
388	388	this chapter.
389	389	(b) The executive council may:
390	390	(1) adopt and enforce rules necessary to perform the
391	391	executive council's duties under this chapter;
392	392	(2) ensure strict compliance with and enforcement of
393	393	this chapter, including by recommending violations of this chapter
394	394	to the appropriate district, criminal district, or county attorney
395	395	for prosecution; and
396	396	(3) enter into contracts as necessary to administer
397	397	and enforce this chapter.
398	398	(c) The executive council shall adopt a code of ethics for
399	399	license holders.
400	400	Sec. 508.102. BOARD DUTIES. The board shall propose to the
401	401	executive council:
402	402	(1) rules regarding:
403	403	(A) the qualifications necessary to obtain a
404	404	license, including rules limiting an applicant's eligibility for a
405	405	license based on the applicant's criminal history;
406	406	(B) the scope of practice of and standards of
407	407	care and ethical practice for the practice of art therapy; and
408	408	(C) continuing education requirements for
409	409	license holders; and
410	410	(2) a schedule of sanctions for violations of this
411	411	chapter or rules adopted under this chapter.
412	412	Sec. 508.103. ROSTER OF PERSONS LICENSED UNDER THIS
413	413	CHAPTER. The executive council shall compile and publish annually
414	414	a roster of names, license numbers, and addresses of each person
415	415	licensed under this chapter.
416	416	Sec. 508.104. FEES. (a) Subject to Subsection (b), the
417	417	executive council shall establish reasonable and necessary fees for
418	418	the administration of this chapter, including fees for license
419	419	applications and license renewals and any penalty fee for late
420	420	renewals.
421	421	(b) The fee to apply for a professional art therapist
422	422	license must be at least $183.
423	423	SUBCHAPTER D. LICENSE REQUIREMENTS
424	424	Sec. 508.151. LICENSE REQUIRED TO PRACTICE ART THERAPY;
425	425	TITLE RESTRICTIONS. (a) A person may not engage in the practice of
426	426	art therapy unless the person is licensed under this chapter.
427	427	(b) Unless the person holds the appropriate license under
428	428	this chapter, a person may not use or cause to be used:
429	429	(1) the titles "licensed professional art therapist"
430	430	or "licensed associate art therapist";
431	431	(2) the abbreviations "LPAT" or "LAAT"; or
432	432	(3) any other title, designation, word, letter,
433	433	abbreviation, or insignia indicating the practice of art therapy.
434	434	Sec. 508.152. APPLICATION; ISSUANCE. (a) A person may
435	435	apply for a license under this chapter by submitting an application
436	436	to the executive council and paying any required fee. The
437	437	application must:
438	438	(1) be on a form and submitted in a manner prescribed
439	439	by the executive council;
440	440	(2) include evidence satisfactory to the executive
441	441	council that the applicant meets the eligibility requirements for
442	442	the license for which the applicant is applying; and
443	443	(3) contain any other information required by
444	444	executive council rule.
445	445	(b) The executive council shall review applications
446	446	submitted under Subsection (a) and issue the appropriate license to
447	447	a person who meets the eligibility requirements of this chapter for
448	448	the license for which the person applied.
449	449	Sec. 508.153. ELIGIBILITY FOR PROFESSIONAL ART THERAPIST
450	450	LICENSE. (a) To be eligible for a professional art therapist
451	451	license, an applicant must:
452	452	(1) be at least 21 years of age;
453	453	(2) be licensed as an associate art therapist;
454	454	(3) subject to Subsection (b), have completed the
455	455	minimum number of hours practicing art therapy as a licensed
456	456	associate art therapist as required by executive council rule in a
457	457	period of not less than two years, which may not be less than 3,000
458	458	hours; and
459	459	(4) satisfactorily complete the Art Therapy
460	460	Credentials Board Examination (ATC-BE) or a substantially similar
461	461	examination approved by the executive council.
462	462	(b) With respect to the hours required under Subsection
463	463	(a)(3):
464	464	(1) at least 1,500 of those hours must have been spent
465	465	practicing art therapy with clients in face-to-face meetings for
466	466	the purpose of diagnosing or treating mental, emotional,
467	467	behavioral, or addiction disorders;
468	468	(2) for every 10 hours the licensed associate art
469	469	therapist practices art therapy with clients in face-to-face
470	470	meetings, the qualified art therapy supervisor must provide to the
471	471	licensed associate art therapist at least one hour of direct
472	472	supervision by face-to-face meeting; and
473	473	(3) notwithstanding Subdivision (2), the qualified
474	474	art therapy supervisor must provide at least two hours of
475	475	supervision each month to the associate art therapist through group
476	476	or individual supervision, which shall be credited toward meeting
477	477	the hours of supervision required by Subdivision (2).
478	478	Sec. 508.154. ELIGIBILITY FOR ASSOCIATE ART THERAPIST
479	479	LICENSE. To be eligible for an associate art therapist license, an
480	480	applicant must:
481	481	(1) be at least 21 years of age;
482	482	(2) either:
483	483	(A) have completed a master's or doctoral degree
484	484	program in art therapy with an accredited educational institution
485	485	that included at least 700 hours of supervised educational
486	486	experience through an internship; or
487	487	(B) have completed each of the following:
488	488	(i) a master's or doctoral degree program in
489	489	a field related to art therapy with an accredited educational
490	490	institution;
491	491	(ii) as part of the degree program
492	492	described by Subparagraph (i), at least 30 graduate credit hours in
493	493	any combination of the following subjects:
494	494	(a) theory and practice of art
495	495	therapy, including applicable standards for the practice of art
496	496	therapy;
497	497	(b) art therapy media and techniques;
498	498	(c) history of art therapy;
499	499	(d) human growth and developmental
500	500	dynamics in art;
501	501	(e) application of art therapy with
502	502	persons in different treatment settings;
503	503	(f) art therapy appraisal;
504	504	(g) diagnosis and assessment;
505	505	(h) group art therapy;
506	506	(i) ethical and legal issues of art
507	507	therapy practice; and
508	508	(j) matters of cultural and social
509	509	diversity bearing on the practice of art therapy; and
510	510	(iii) at least 700 hours of supervised
511	511	educational experience through an internship;
512	512	(3) submit at least one letter of recommendation
513	513	attesting to the applicant's integrity and competence from a
514	514	qualified art therapy supervisor who has provided direct clinical
515	515	supervision of the applicant's graduate program clinical training,
516	516	practicum, or internship; and
517	517	(4) have secured employment as an associate art
518	518	therapist and completed a postgraduate supervised training plan on
519	519	forms prescribed by the executive council describing the services
520	520	to be provided, place of employment, and individuals responsible
521	521	for supervision and in a statement acknowledging the rules and
522	522	requirements for practice as an associate art therapist.
523	523	Sec. 508.155. EXAMINATIONS. The executive council shall
524	524	adopt or develop, and administer as necessary, examinations for
525	525	licensure as a professional art therapist and associate art
526	526	therapist.
527	527	Sec. 508.156. ISSUANCE OF LICENSE TO APPLICANTS LICENSED IN
528	528	OTHER JURISDICTIONS. The executive council may issue a
529	529	professional art therapist license or associate art therapist
530	530	license to an applicant for a license under this chapter who is
531	531	licensed, registered, certified, or otherwise credentialed in
532	532	another jurisdiction to engage in the practice of art therapy if:
533	533	(1) the executive council determines that the
534	534	standards for issuance of the credential issued in the other
535	535	jurisdiction are substantially equivalent to the requirements for a
536	536	license under this chapter;
537	537	(2) the applicant demonstrates in the manner
538	538	prescribed by the executive council that the applicant:
539	539	(A) will comply with the laws and rules governing
540	540	the practice of art therapy in this state and practice art therapy
541	541	within the scope authorized by law;
542	542	(B) has not been subject to any disciplinary
543	543	action of a serious nature by the licensing authority in the other
544	544	jurisdiction; and
545	545	(C) has completed a master's or doctoral degree
546	546	program in art therapy or a related field with an accredited
547	547	educational institution; and
548	548	(3) the applicant pays any required application fee.
549	549	Sec. 508.157. ISSUANCE OF LICENSE FOR CERTAIN PERSONS
550	550	PRACTICING ART THERAPY BEFORE ENACTMENT OF CHAPTER; EXPIRATION.
551	551	(a) The executive council may waive the requirements of this
552	552	chapter for licensure as a professional art therapist for an
553	553	applicant who, not later than March 1, 2027, pays any required
554	554	application fee and demonstrates to the executive council in a
555	555	manner prescribed by the executive council that the applicant:
556	556	(1) has completed a master's or doctoral degree
557	557	program in art therapy or a related field;
558	558	(2) holds a credential in good standing with the Art
559	559	Therapy Credentials Board, Inc., or an equivalent credential as
560	560	determined by the executive council; and
561	561	(3) has engaged in the practice of art therapy for at
562	562	least five years preceding September 1, 2025.
563	563	(b) This section expires September 1, 2027.
564	564	SUBCHAPTER E. LICENSE RENEWAL AND CONTINUING EDUCATION
565	565	Sec. 508.201. PROFESSIONAL ART THERAPIST LICENSE TERM;
566	566	RENEWAL. (a) A professional art therapist license is valid for a
567	567	term of two years.
568	568	(b) The executive council by rule shall adopt a system under
569	569	which professional art therapist licenses expire on various dates
570	570	during the year.
571	571	(c) To renew a professional art therapist license, the
572	572	license holder must apply on a form and in a manner prescribed by
573	573	the executive council, pay any required fee, and demonstrate to the
574	574	satisfaction of the executive council that the license holder has
575	575	completed any required continuing education.
576	576	(d) On application by a license holder, the executive
577	577	council shall renew the license if the license holder meets all the
578	578	renewal requirements of this chapter, including any rule adopted
579	579	under this chapter.
580	580	Sec. 508.202. ASSOCIATE ART THERAPIST LICENSE TERM;
581	581	EXTENSION OF TERM. (a) An associate art therapist license is valid
582	582	for a term of three years and may not be renewed.
583	583	(b) A licensed associate art therapist who has not met the
584	584	requirement for licensure as a professional art therapist before
585	585	the expiration of the person's license may apply for a one-time
586	586	extension of the license for an additional two years. An
587	587	application for extension under this subsection must include:
588	588	(1) a plan for completing the requirements to obtain a
589	589	professional art therapist license;
590	590	(2) documented evidence of compliance with any
591	591	required continuing education;
592	592	(3) documented evidence that the license holder is
593	593	receiving appropriate supervision from a qualified art therapy
594	594	supervisor; and
595	595	(4) at least one letter of recommendation from a
596	596	qualified art therapy supervisor who is providing supervision to
597	597	the license holder.
598	598	Sec. 508.203. CONTINUING EDUCATION. (a) The executive
599	599	council shall:
600	600	(1) require each person licensed under this chapter to
601	601	complete a minimum number of continuing education courses or
602	602	programs once every 24 months;
603	603	(2) recognize the American Art Therapy Association and
604	604	other persons as providers of continuing education for any
605	605	continuing education required under Chapter 507, this chapter, or a
606	606	rule adopted under either of those chapters;
607	607	(3) subject to Subsection (b), accredit educational
608	608	courses or programs related to art therapy as qualifying continuing
609	609	education, including:
610	610	(A) attending meetings of constituents and
611	611	components of art therapy associations recognized by the executive
612	612	council;
613	613	(B) preparing or participating in examinations;
614	614	(C) preparing papers;
615	615	(D) publications;
616	616	(E) presentations; and
617	617	(F) obtaining teaching and research
618	618	appointments; and
619	619	(4) establish procedures for the issuance of
620	620	continuing education credit on receiving satisfactory evidence of
621	621	completion of the courses or programs described by Subdivision (3).
622	622	(b) The executive council may approve courses or programs
623	623	described by Subsection (a)(3) only if the programs are open to all
624	624	art therapists in this state on a reasonably nondiscriminatory
625	625	basis.
626	626	(c) For an education course or program that qualifies as
627	627	continuing education, each hour of instruction is equivalent to one
628	628	credit.
629	629	(d) As part of the continuing education hours required under
630	630	Subsection (a)(1), each person licensed under this chapter must
631	631	complete at least three hours of courses or programs on the ethical
632	632	practice of art therapy.
633	633	Sec. 508.204. EXTENSION TO COMPLETE CONTINUING EDUCATION
634	634	REQUIREMENTS. The executive council shall adopt rules to provide
635	635	for a professional art therapy license holder who is unable to
636	636	complete the required continuing education hours for renewal before
637	637	the expiration of the license holder's license to apply for an
638	638	extension of the term of the license for a time considered adequate
639	639	by the executive council for the license holder to complete any
640	640	remaining required continuing education hours.
641	641	Sec. 508.205. REQUIRED NOTICE OF RENEWAL; INACTIVE STATUS.
642	642	(a) Not later than the 30th day before the date a person's
643	643	professional art therapy license expires, the executive council
644	644	shall provide notice to the license holder of the renewal fees under
645	645	Section 507.255 and that the license holder may request that the
646	646	executive council place the license on inactive status.
647	647	(b) On request of a professional art therapy license holder,
648	648	the executive council shall place the person's license on inactive
649	649	status.
650	650	(c) A person whose license is inactive:
651	651	(1) may not practice art therapy under this chapter;
652	652	and
653	653	(2) is not required to pay a license renewal fee or any
654	654	penalty fee.
655	655	(d) A person whose license is inactive may apply to
656	656	reactivate the license. The executive council shall reactivate the
657	657	license if the applicant:
658	658	(1) pays a license fee;
659	659	(2) is not in violation of this chapter when the
660	660	applicant applies to reactivate the license; and
661	661	(3) fulfills the requirements provided by executive
662	662	council rule for the holder of an inactive license.
663	663	SUBCHAPTER F. PRACTICE BY LICENSE HOLDER
664	664	Sec. 508.251. INDEPENDENT PRACTICE BY LICENSED
665	665	PROFESSIONAL ART THERAPIST. (a) In this section, the "independent
666	666	practice of art therapy" means to diagnose and treat mental health
667	667	disorders specified in the most recent edition of the Diagnostic
668	668	and Statistical Manual of Mental Disorders designated by the
669	669	executive council for use by licensed professional art therapists.
670	670	(b) Notwithstanding any other law, a licensed professional
671	671	art therapist may engage in the independent practice of art
672	672	therapy.
673	673	(c) If a client has symptoms of a mental disorder, a
674	674	licensed professional art therapist shall request a consultation
675	675	from and consult with the client's primary care physician or
676	676	psychiatrist, as applicable, to determine whether a medical
677	677	condition or medication is causing or contributing to the client's
678	678	symptoms of the mental disorder.
679	679	(d) A licensed professional art therapist is not required to
680	680	consult a client's primary care physician or psychiatrist under
681	681	Subsection (c) if the client waives that requirement in writing.
682	682	The licensed professional art therapist shall maintain any written
683	683	waiver under this subsection with the client's records.
684	684	(e) Regardless of when the consultation required by
685	685	Subsection (c) is obtained, the licensed professional art therapist
686	686	may continue, after the consultation is requested under Subsection
687	687	(c) or waived under Subsection (d), to evaluate and treat the
688	688	client.
689	689	(f) The executive council may adopt rules governing the
690	690	independent practice of art therapy by a licensed professional art
691	691	therapist.
692	692	Sec. 508.252. SUPERVISED PRACTICE OF ART THERAPY BY
693	693	LICENSED ASSOCIATE ART THERAPIST. (a) A licensed associate art
694	694	therapist may not:
695	695	(1) practice art therapy unless:
696	696	(A) the licensed associate art therapist is
697	697	practicing under the supervision of a qualified art therapy
698	698	supervisor;
699	699	(B) the licensed associate art therapist and each
700	700	of the therapist's qualified art therapy supervisors have entered
701	701	into a postgraduate supervised training plan on forms prescribed by
702	702	the executive council describing the services to be provided, place
703	703	of employment, and individuals responsible for supervision and in a
704	704	statement acknowledging the rules and requirements for practice as
705	705	a licensed associate art therapist; and
706	706	(C) the training plan described by Paragraph (B)
707	707	has been approved by the executive council; and
708	708	(2) represent that the licensed associate art
709	709	therapist is a licensed professional art therapist or that the
710	710	licensed associate art therapist may engage in the independent
711	711	practice of art therapy.
712	712	(b) The supervision of a licensed associate art therapist by
713	713	a qualified art therapy supervisor must comply with the following
714	714	requirements:
715	715	(1) the practice of art therapy is under the order,
716	716	control, and full professional responsibility of the supervisor who
717	717	reviews aspects of the practice and case management in a
718	718	face-to-face meeting with the therapist; and
719	719	(2) the supervisor:
720	720	(A) accepts direct responsibility for the client
721	721	services provided by the licensed associate art therapist and
722	722	conducts regular face-to-face meetings with the therapist;
723	723	(B) ensures that the extent, kind, and quality of
724	724	art therapy services provided by the therapist are consistent with
725	725	the education, training, and experience of the therapist;
726	726	(C) reviews client or patient records of the
727	727	clients or patients for whom the therapist provided art therapy
728	728	services;
729	729	(D) monitors the therapist's practice of art
730	730	therapy;
731	731	(E) evaluates any assessment administered,
732	732	diagnosis made, or treatment decision made by the therapist; and
733	733	(F) ensures compliance with laws and rules
734	734	governing the practice of art therapy, including as practiced by a
735	735	licensed associate art therapist.
736	736	Sec. 508.253. CONFIDENTIALITY OF COMMUNICATIONS MADE
737	737	DURING ART THERAPY SERVICES. (a) Any communication made between a
738	738	licensed professional art therapist or a licensed associate art
739	739	therapist and the therapist's client while the therapist is
740	740	practicing art therapy is confidential.
741	741	(b) A communication that is confidential under this section
742	742	may not be disclosed by the therapist unless:
743	743	(1) the client receiving the art therapy service
744	744	authorizes the disclosure in writing;
745	745	(2) the therapist is the defendant in a civil,
746	746	criminal, or administrative action arising from the art therapy
747	747	service during which the communication was made; or
748	748	(3) the disclosure is authorized by other law.
749	749	(c) A disclosure authorized by Subsection (b) does not waive
750	750	the right to assert in the future that the communication is
751	751	confidential.
752	752	SUBCHAPTER G. DISCIPLINARY ACTIONS
753	753	Sec. 508.301. DISCIPLINARY ACTIONS. A person is subject to
754	754	disciplinary action as provided by Subchapter G or H, Chapter 507,
755	755	if the person:
756	756	(1) violates this chapter or a rule or code of ethics
757	757	adopted under this chapter; or
758	758	(2) commits an act for which liability exists under
759	759	Chapter 81, Civil Practice and Remedies Code.
760	760	Sec. 508.302. REFUND. (a) Subject to Subsection (b), the
761	761	executive council may order a license holder to pay a refund to a
762	762	consumer as provided in an agreement resulting from an informal
763	763	settlement conference instead of or in addition to imposing an
764	764	administrative penalty under Subchapter H, Chapter 507.
765	765	(b) The amount of a refund ordered as provided in an
766	766	agreement resulting from an informal settlement conference may not
767	767	exceed the amount the consumer paid to the license holder for a
768	768	service regulated by this chapter. The executive council may not
769	769	require payment of other damages or estimate harm in a refund order.
770	770	SUBCHAPTER H. CRIMINAL PENALTY
771	771	Sec. 508.351. OFFENSE. (a) A person commits an offense if
772	772	the person:
773	773	(1) violates Section 508.151; or
774	774	(2) engages in the independent practice of art therapy
775	775	without holding a professional art therapist license.
776	776	(b) An offense under this section is a Class B misdemeanor.
777	777	SECTION 2.02. Section 81.001(2), Civil Practice and
778	778	Remedies Code, is amended to read as follows:
779	779	(2) "Mental health services provider" means an
780	780	individual, licensed or unlicensed, who performs or purports to
781	781	perform mental health services, including a:
782	782	(A) licensed social worker as defined by Section
783	783	505.002, Occupations Code;
784	784	(B) chemical dependency counselor as defined by
785	785	Section 504.001, Occupations Code;
786	786	(C) licensed professional counselor as defined
787	787	by Section 503.002, Occupations Code;
788	788	(D) licensed marriage and family therapist as
789	789	defined by Section 502.002, Occupations Code;
790	790	(E) member of the clergy;
791	791	(F) physician who is practicing medicine as
792	792	defined by Section 151.002, Occupations Code;
793	793	(G) psychologist offering psychological services
794	794	as defined by Section 501.003, Occupations Code; [or]
795	795	(H) special officer for mental health assignment
796	796	certified under Section 1701.404, Occupations Code; or
797	797	(I) professional art therapist or associate art
798	798	therapist licensed under Chapter 508, Occupations Code.
799	799	SECTION 2.03. As soon as practicable after the effective
800	800	date of this Act, the governor shall appoint the members of the
801	801	Texas Art Therapy Board in accordance with Chapter 508, Occupations
802	802	Code, as added by this Act. In making the initial appointments, the
803	803	governor shall designate two members for terms expiring February 1,
804	804	2027, two members for terms expiring February 1, 2029, and one
805	805	member for a term expiring February 1, 2031.
806	806	SECTION 2.04. Not later than January 1, 2026, the Texas
807	807	Behavioral Health Executive Council shall adopt the rules,
808	808	procedures, and fees necessary to administer Chapter 508,
809	809	Occupations Code, as added by this Act.
810	810	SECTION 2.05. Notwithstanding Chapter 508, Occupations
811	811	Code, as added by this Act, an art therapist is not required to hold
812	812	a license under that chapter to practice as a licensed professional
813	813	art therapist or licensed associate art therapist in this state
814	814	before September 1, 2026.
815	815	ARTICLE 3. CONFORMING AMENDMENTS
816	816	SECTION 3.01. Sections 503.310(a) and (b), Occupations
817	817	Code, are amended to read as follows:
818	818	(a) On application and payment of applicable fees, the
819	819	executive council may issue a provisional license to a person who
820	820	holds a license as a counselor [or art therapist] issued by another
821	821	state or by a jurisdiction acceptable to the executive council.
822	822	(b) An applicant for a provisional license must:
823	823	(1) be licensed in good standing as a counselor [or art
824	824	therapist] in another state, territory, or jurisdiction that has
825	825	licensing requirements substantially equivalent to the
826	826	requirements of this chapter;
827	827	(2) have passed the required license examination; and
828	828	(3) be sponsored by a person licensed under this
829	829	chapter with whom the applicant may practice under a provisional
830	830	license.
831	831	SECTION 3.02. Section 503.452(a), Occupations Code, is
832	832	amended to read as follows:
833	833	(a) A person commits an offense if the person knowingly:
834	834	(1) engages in the practice of professional counseling
835	835	without holding a license under this chapter;
836	836	(2) represents the person by the title "Licensed
837	837	Professional Counselor" or "Licensed Counselor" without holding a
838	838	license under this chapter;
839	839	[(3) represents the person by the title "Licensed
840	840	Professional Counselor -- Art Therapist," "Art Therapist," or by
841	841	the initials "L.P.C. -- A.T." or "A.T." without:
842	842	[(A) holding a license with a specialization in
843	843	art therapy under Section 503.303; or
844	844	[(B) holding a license under Section 503.309;] or
845	845	(3) [(4)] uses any title, words, letters, or
846	846	abbreviations that imply that the person is licensed under this
847	847	chapter if the person is not licensed under this chapter.
848	848	SECTION 3.03. Section 503.303, Occupations Code, is
849	849	repealed.
850	850	SECTION 3.04. Section 503.452(a), Occupations Code, as
851	851	amended by this Act, applies only to an offense committed on or
852	852	after the effective date of this Act. An offense committed before
853	853	the effective date of this Act is governed by the law in effect on
854	854	the date the offense was committed, and the former law is continued
855	855	in effect for that purpose. For purposes of this section, an
856	856	offense was committed before the effective date of this Act if any
857	857	element of the offense occurred before that date.
858	858	ARTICLE 4. EFFECTIVE DATE
859	859	SECTION 4.01. (a) Except as provided by Subsection (b) of
860	860	this section, this Act takes effect September 1, 2025.
861	861	(b) Section 508.151 and Subchapters G and H, Chapter 508,
862	862	Occupations Code, as added by this Act, take effect September 1,
863	863	2026.