HB4557 - 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.

  89R2692 JCG-F     By: Anchía H.B. No. 4557       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) &#x [Text truncated for display. Full text available on Congress.gov.]