Florida Senate - 2024 SB 878
By Senator Jones
34-01661A-24 2024878__
1 A bill to be entitled
2 An act relating to art therapy; providing a short
3 title; providing legislative findings and intent;
4 amending s. 491.003, F.S.; defining the term
5 “professional art therapist”; amending s. 491.004,
6 F.S.; requiring the appointment of licensed practicing
7 professional art therapists to the Board of Clinical
8 Social Work, Marriage and Family Therapy, and Mental
9 Health Counseling; providing term limits; specifying
10 requirements for the first art therapist members
11 appointed to the board; creating s. 491.019, F.S.;
12 defining terms; requiring the Department of Health to
13 license professional art therapists and register art
14 therapist interns if they meet specified requirements;
15 requiring an art therapist intern to practice under
16 supervision until he or she is licensed as a
17 professional art therapist; providing for licensure by
18 endorsement; requiring the board to waive licensure
19 requirements for certain applicants; requiring the
20 board or department to adopt rules establishing
21 requirements for the annual renewal of professional
22 art therapist licenses and art therapist intern
23 registrations; providing continuing education
24 requirements; providing for inactive licenses and
25 license reactivation; providing for license denial and
26 disciplinary action; prohibiting the practice of
27 professional art therapy for compensation and the use
28 of certain titles, letters, abbreviations, and
29 insignia without a valid, active license; providing
30 criminal penalties; authorizing the department to
31 institute appropriate judicial proceedings to enjoin
32 certain violations; providing construction; exempting
33 certain persons from licensure and registration
34 requirements; requiring the board and department to
35 adopt rules; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. This act may be cited as the “Professional Art
40 Therapist Licensure Act.”
41 Section 2. The Legislature finds that understanding the
42 power of art and artmaking to stimulate memories and reveal
43 emotions, and the skill to safely manage and interpret the
44 reactions different art processes may evoke, are competencies
45 unique to professionally trained art therapists. The Legislature
46 further finds that the practice of professional art therapy
47 presents a danger to public health, safety, and welfare if
48 applied beyond the competence of a professional art therapist or
49 if applied by an individual without the appropriate training. It
50 is the intent of this act to secure the health, safety, and
51 welfare of the public, and to assist the public in making
52 informed choices regarding art therapy services, by establishing
53 minimum qualifications for entry into and continuing practice of
54 professional art therapy.
55 Section 3. Present subsections (11) through (18) of section
56 491.003, Florida Statutes, are redesignated as subsections (12)
57 through (19), respectively, and a new subsection (11) is added
58 to that section, to read:
59 491.003 Definitions.—As used in this chapter:
60 (11) “Professional art therapist” means a person licensed
61 under this chapter to practice professional art therapy.
62 Section 4. Subsections (1), (2), and (3) of section
63 491.004, Florida Statutes, are amended to read:
64 491.004 Board of Clinical Social Work, Marriage and Family
65 Therapy, and Mental Health Counseling.—
66 (1) There is created within the department the Board of
67 Clinical Social Work, Marriage and Family Therapy, and Mental
68 Health Counseling composed of 11 nine members appointed by the
69 Governor and confirmed by the Senate.
70 (2)(a) Eight Six members of the board shall be persons
71 licensed under this chapter as follows:
72 1. Two members shall be licensed practicing clinical social
73 workers.
74 2. Two members shall be licensed practicing marriage and
75 family therapists.
76 3. Two members shall be licensed practicing mental health
77 counselors.
78 4. Two members shall be licensed practicing professional
79 art therapists.
80 (b) Three members shall be residents citizens of the state
81 who are not and have never been licensed in a mental health
82 related profession and who are in no way connected with the
83 practice of any such profession.
84 (3) No later than January 1, 1988, The Governor shall
85 appoint 11 nine members of the board as follows:
86 (a) Three members for terms of 2 years each.
87 (b) Three members for terms of 3 years each.
88 (c) Five Three members, two of whom must be licensed
89 practicing professional art therapists, for terms of 4 years
90 each.
91 Section 5. The first art therapist members appointed to the
92 Board of Clinical Social Work, Marriage and Family Therapy, and
93 Mental Health Counseling under s. 491.004, Florida Statutes, as
94 amended by this act, must meet all qualifications to obtain a
95 license pursuant to s. 491.019(2), Florida Statutes.
96 Section 6. Section 491.019, Florida Statutes, is created to
97 read:
98 491.019 Professional art therapy.—
99 (1) As used in this section, the term:
100 (a) “Art therapist intern” means a person registered under
101 subsection (3) who is completing the post-master’s clinical
102 experience pursuant to paragraph (2)(c).
103 (b) “Board-certified art therapist” means an individual who
104 holds a credential in good standing with the Art Therapy
105 Credentials Board, Inc., or any successor organization.
106 (c) “Licensed professional art therapist” means an
107 individual who is licensed under this chapter to engage in the
108 practice of professional art therapy.
109 (d) “Practice of professional art therapy” means the
110 integrated use of psychotherapeutic principles and methods with
111 specialized graduate training in art media, the neurobiological
112 implications of artmaking, and art-based assessment models in
113 the assessment, prevention, treatment, and amelioration of
114 mental, developmental, behavioral, and emotional disorders and
115 conditions in clients of all ages. The term includes:
116 1. The use of therapeutic art interventions to facilitate
117 alternative modes of receptive and expressive communication
118 which can circumvent the limitations of verbal articulation and
119 implementation of art-based treatment plans to help clients
120 improve cognitive, sensory, and motor functions; reduce symptoms
121 of depression, anxiety, posttraumatic stress, and attachment
122 disorders; enhance neurological, cognitive, and verbal
123 abilities; foster self-esteem and self-awareness; cultivate
124 emotional resilience; reduce and resolve conflicts, distress,
125 and grief; and enhance educational performance and social
126 functioning.
127 2. Therapeutic or equivalent methods used to evaluate,
128 assess, treat, and prevent emotional and mental disorders or
129 dysfunctions, including cognitive, affective, and behavioral
130 disorders, alcoholism, and substance abuse, when used within the
131 context and practice of art therapy as provided under
132 subparagraph 1. This subparagraph may not be construed to
133 authorize any person licensed, provisionally licensed,
134 registered, or certified under this chapter to describe or label
135 any test, report, or procedure as “psychological,” except to
136 relate specifically to the definition of the practice of art
137 therapy provided in this subsection.
138 3. Consultation, client advocacy, crisis intervention,
139 provision of needed information and education to clients, art
140 based treatments that relate to multicultural populations,
141 program evaluation, and applied research, when used within the
142 context and practice of art therapy as provided under
143 subparagraph 1.
144 (2) The department shall issue a professional art therapist
145 license to an applicant who the board certifies has met all of
146 the following requirements:
147 (a) Has submitted a completed application.
148 (b) Holds a minimum of a master’s degree from an accredited
149 college or university in an art therapy program that was
150 approved by the American Art Therapy Association or accredited
151 by the Commission on Accreditation of Allied Health Education
152 Programs at the time the degree was conferred.
153 (c) Has completed at least 2 years of clinical experience
154 in professional art therapy as determined by the national
155 credentialing board, which must be at the post-master’s level
156 under the supervision of a licensed practicing professional art
157 therapist, a board-certified art therapist, or another qualified
158 mental health professional, as determined by rule of the board.
159 A doctoral internship may qualify as clinical experience under
160 this paragraph.
161 (d) Has passed the Art Therapy Credentials Board
162 Examination offered by the Art Therapy Credentials Board, Inc.,
163 or an examination offered by any successor organization.
164 (e) Has demonstrated, in a manner designated by rule of the
165 board, knowledge of the laws and rules governing the practice of
166 clinical social work, marriage and family therapy, mental health
167 counseling, and professional art therapy.
168 (3)(a) If an individual intends to practice art therapy to
169 satisfy the post-master’s clinical experience pursuant to
170 paragraph (2)(c), he or she must register with the department as
171 an art therapist intern before beginning such practice.
172 (b) The department shall register an applicant as an art
173 therapist intern after the board certifies that he or she has
174 met all of the following requirements:
175 1. Has submitted a completed application.
176 2. Has completed the education requirements specified in
177 paragraph (2)(b).
178 3. Has submitted an acceptable supervision plan, as
179 determined by rule of the board.
180 4. Has identified a qualified supervisor, as determined by
181 rule of the board.
182 (c) An individual registered under this subsection must
183 practice under supervision until he or she is licensed as a
184 professional art therapist.
185 (4)(a) The department shall issue a license by endorsement
186 to an applicant who the board certifies has met all of the
187 following requirements:
188 1. Has submitted a completed application.
189 2. Holds a professional art therapist license in good
190 standing, or its equivalent, issued by another state or
191 jurisdiction, if the qualifications for licensure in such other
192 state or jurisdiction are equal to or greater than those
193 specified in subsection (2).
194 3. Has demonstrated, in a manner designated by rule of the
195 board, knowledge of the laws and rules governing the practice of
196 clinical social work, marriage and family therapy, mental health
197 counseling, and professional art therapy.
198 4. Has actively engaged in the practice of professional art
199 therapy in such other state or jurisdiction for 3 of the 5 years
200 immediately preceding his or her application for licensure by
201 endorsement under this subsection.
202 5. Is not under investigation for, and has not been found
203 guilty of, any act that would constitute a violation of this
204 chapter.
205 (b) The department shall waive the requirements of
206 subsection (2) and issue a professional art therapist license to
207 an applicant who, before July 1, 2025, submits a completed
208 application and demonstrates to the board that he or she has met
209 all of the following requirements:
210 1. Has passed the Art Therapy Credentials Board Examination
211 offered by the Art Therapy Credentials Board, Inc., or an
212 examination offered by any successor organization.
213 2. Has engaged in the practice of professional art therapy
214 for at least 5 years, which may include up to 1 year of practice
215 under supervision, as determined by rule of the board.
216 3. Has completed appropriate training, as determined by
217 rule of the board, in the assessment, diagnosis, treatment, or
218 resolution of mental, behavioral, and emotional disorders and
219 dysfunctions as part of the approved course of study for his or
220 her master’s or doctoral degree or following completion of such
221 degree.
222 4. Has demonstrated, in a manner designated by rule of the
223 board, knowledge of the laws and rules governing the practice of
224 clinical social work, marriage and family therapy, mental health
225 counseling, and professional art therapy.
226 5. Is not under investigation for, and has not been found
227 guilty of, any act that would constitute a violation of this
228 chapter.
229 (5)(a) The board or department shall adopt rules
230 establishing requirements for the annual renewal of professional
231 art therapist licenses.
232 (b)1. An applicant for license renewal shall present
233 satisfactory evidence that, in the period since the license was
234 issued, the applicant has completed continuing education
235 requirements, as determined by rule of the board or department.
236 2. The board or department shall require continuing
237 education which must include, at a minimum, the continuing
238 education requirements for maintaining national board
239 certification in good standing with the Art Therapy Credentials
240 Boards, Inc., or any successor organization. The board or
241 department may not require more than 100 hours of continuing
242 education in a 5-year period.
243 (c) Continuing education providers, programs, and courses,
244 and laws and rules governing such providers, programs, and
245 courses, must be approved by the board or department as
246 specified in s. 491.0085.
247 (d) The board or department shall adopt rules establishing
248 requirements for the annual renewal of art therapist intern
249 registrations.
250 (6)(a) Inactive status is the licensure status that results
251 when a licensee has applied to the department to be placed on
252 inactive status.
253 (b) An inactive license may be renewed annually.
254 (c) An inactive license may be reactivated by submitting a
255 completed application to the department.
256 (7)(a) The following acts constitute grounds for denial of
257 a license or disciplinary action, as specified in s. 456.072(2):
258 1. Committing any act specified in s. 491.009(1).
259 2. Committing an act upon a client which would constitute
260 sexual battery or which would constitute sexual misconduct as
261 defined by rule pursuant to s. 491.0111.
262 3. Disclosing confidential information including, but not
263 limited to, records, artwork, verbal or artistic expression, or
264 assessment interpretations developed within the client-therapist
265 relationship without the client’s explicit consent, except as
266 mandated by law or court order.
267 (b) The department may enter an order denying licensure or
268 imposing any of the penalties in s. 456.072(2) against any
269 applicant for licensure, licensee, or registered intern who is
270 found guilty of violating paragraph (a) or s. 456.072(1).
271 (8)(a) A person may not:
272 1. Practice professional art therapy for compensation
273 unless the person holds a valid, active license issued pursuant
274 to subsection (2) or subsection (4) or is a registered art
275 therapist intern pursuant to subsection (3).
276 2. Use the title “licensed professional art therapist,”
277 “professional art therapist,” or “licensed art therapist,” or
278 use any letters, abbreviations, or insignia to represent himself
279 or herself as licensed to practice professional art therapy,
280 unless he or she holds a valid, active license issued pursuant
281 to subsection (2) or subsection (4) or is a registered art
282 therapist intern pursuant to subsection (3).
283 3. Use the title “registered art therapist intern,”
284 “registered art therapist,” or “art therapist intern,” or use
285 any letters, abbreviations, or insignia to represent himself or
286 herself as a registered art therapist intern, unless he or she
287 holds a valid, active registration issued pursuant to subsection
288 (3).
289 4. Present as his or her own the professional art therapist
290 license or art therapist intern registration of another.
291 5. Give false or forged evidence to the department or the
292 board, or a member thereof, for the purpose of obtaining a
293 license or registration.
294 6. Use or attempt to use a license or registration issued
295 pursuant to this section which has been revoked or suspended.
296 7. Knowingly conceal information relative to violations of
297 this section.
298 (b) A person who violates paragraph (a) commits a
299 misdemeanor of the first degree, punishable as provided in s.
300 775.082 or s. 775.083.
301 (c) The department may institute appropriate judicial
302 proceedings to enjoin violations of this subsection.
303 (9) This section does not restrict the activities or
304 practice of an individual licensed or certified under this
305 chapter or any other law of this state from engaging in the
306 profession or practice for which he or she is licensed or
307 certified if he or she is providing services that are within the
308 scope of practice of his or her license or certification and
309 consistent with his or her professional training and if the
310 individual does not hold himself or herself out to the public as
311 a licensed professional art therapist or registered art
312 therapist intern under this section.
313 (10) The following persons are not required to be licensed
314 to practice professional art therapy or to be registered art
315 therapist interns under this section:
316 (a) A salaried employee of a government agency; a
317 developmental disability facility or program; a domestic
318 violence center certified pursuant to chapter 39; a mental
319 health, alcohol, or drug abuse facility operating under chapter
320 393, chapter 394, or chapter 397; a child-placing or child
321 caring agency licensed pursuant to chapter 409; the statewide
322 child care resource and referral network operating under s.
323 1002.92; an accredited academic institution; or a research
324 institution, if such employee is performing duties for which he
325 or she was trained and hired solely within the confines of such
326 agency, facility, program, center, network, or institution, so
327 long as the employee is not held out to the public as a
328 registered art therapist intern or licensed professional art
329 therapist.
330 (b) A salaried employee of a private, nonprofit
331 organization providing counseling services to children, youth,
332 and families, if such services are provided for no charge and
333 such employee is performing duties for which he or she was
334 trained and hired, so long as the employee is not held out to
335 the public as a registered art therapist intern or licensed
336 professional art therapist.
337 (c) A student providing professional art therapy services
338 regulated under this section who is enrolled in a post-master’s
339 or doctoral program in professional art therapy if such services
340 are provided under supervision as part of an approved course of
341 study.
342 (d) A nonresident of this state who offers professional art
343 therapy services in this state if all of the following
344 requirements are met:
345 1. The nonresident is licensed or certified to practice
346 professional art therapy in another state or territory of the
347 United States or in a foreign country or province.
348 2. Such services are performed for no more than 15 days in
349 any calendar year.
350 (11) The board and department shall adopt rules to
351 administer this section.
352 Section 7. This act shall take effect July 1, 2024.