Senate Bill 402 (2023) — Filed
SB 402
Florida Bills
Florida Senate - 2023 SB 402 By Senator Rouson 16-01153-23 2023402__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to fees; amending s. 491.019, F.S.; 2 requiring an applicant for a professional art 3 therapist license or an art therapist intern 4 registration to pay a nonrefundable application fee 5 set by rule of the Board of Clinical Social Work, 6 Marriage and Family Therapy, and Mental Health 7 Counseling; providing for fees for annual license and 8 registration renewal, inactive licenses, and license 9 reactivation; providing a contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13
Section 1. Paragraph (
a) of subsection (2), paragraph (b) 14 of subsection (3), and subsections (4), (5), and (6) of
section 15 491.019, Florida Statutes, as created by SB ___, 2023 Regular 16 Session, are amended to read: 17 491.019 Professional art therapy.- 18
(2) The department shall issue a professional art therapist 19 license to an applicant who the board certifies has met all of 20 the following requirements: 21 (
a) Has submitted a completed application and paid a 22 nonrefundable application fee set by board rule. 23 (3) 24 (
b) The department shall register an applicant as an art 25 therapist intern after the board certifies that he or she has 26 met all of the following requirements: 27 1. Has submitted a completed application and paid a 28 nonrefundable application fee set by board rule. 29 Florida Senate - 2023 SB 402 16-01153-23 2023402__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. 2. Has completed the education requirements specified in 30 paragraph (2)(b). 31 3. Has submitted an acceptable supervision plan, as 32 determined by board rule. 33 4. Has identified a qualified supervisor, as determined by 34 board rule. 35 (4)(
a) The department shall issue a license by endorsement 36 to an applicant who the board certifies has met all of the 37 following requirements: 38 1. Has submitted a completed application and paid a 39 nonrefundable application fee set by board rule. 40 2. Holds a professional art therapist license in good 41 standing, or its equivalent, issued by another state or 42 jurisdiction, if the qualifications for licensure in such other 43 state or jurisdiction are equal to or greater than those 44 specified in subsection (2). 45 3.
Has demonstrated, in a manner designated by board rule, 46 knowledge of the laws and rules governing the practice of 47 clinical social work, marriage and family therapy, mental health 48 counseling, and professional art therapy. 49 4. Has actively engaged in the practice of professional art 50 therapy in such other state or jurisdiction for 3 of the 5 years 51 immediately preceding his or her application for licensure by 52 endorsement under this subsection. 53 5. Is not under investigation for, and has not been found 54 guilty of, any act that would constitute a violation of this 55 chapter. 56 (
b) The department shall waive the requirements of 57 subsection (2) and issue a professional art therapist license to 58 Florida Senate - 2023 SB 402 16-01153-23 2023402__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. an applicant who, before July 1, 2024, submits a completed 59 application, pays a nonrefundable application fee set by board 60 rule, and demonstrates to the board that he or she has met all 61 of the following requirements: 62 1.
Has passed the Art Therapy Credentials Board Examination 63 offered by the Art Therapy Credentials Board, Inc., or an 64 examination offered by any successor organization. 65 2. Has engaged in the practice of professional art therapy 66 for at least 5 years, which may include up to 1 year of practice 67 under supervision, as determined by board rule. 68 3.
Has completed appropriate training, as determined by 69 board rule, in the assessment, diagnosis, treatment, or 70 resolution of mental, behavioral, and emotional disorders and 71 dysfunctions as part of the approved course of study for his or 72 her master’s or doctoral degree or following completion of such 73 degree. 74 4. Has demonstrated, in a manner designated by board rule, 75 knowledge of the laws and rules governing the practice of 76 clinical social work, marriage and family therapy, mental health 77 counseling, and professional art therapy. 78 5.
Is not under investigation for, and has not been found 79 guilty of, any act that would constitute a violation of this 80 chapter. 81 (5)(
a) The board or department shall adopt rules 82 establishing requirements for the annual renewal of professional 83 art therapist licenses at a fee set by board rule. 84 (b)1. An applicant for license renewal shall present 85 satisfactory evidence that, in the period since the license was 86 issued, the applicant has completed continuing education 87 Florida Senate - 2023 SB 402 16-01153-23 2023402__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. requirements, as determined by board rule or department. 88 2.
The board or department shall require continuing 89 education which must include, at a minimum, the continuing 90 education requirements for maintaining national board 91 certification in good standing with the Art Therapy Credentials 92 Boards, Inc., or any successor organization. The board or 93 department may not require more than 100 hours of continuing 94 education in a 5-year period. 95 (
c) Continuing education providers, programs, and courses, 96 and laws and rules governing such providers, programs, and 97 courses, must be approved by the board or department as 98 specified in s. 491.0085. 99 (
d) The board or department shall adopt rules establishing 100 requirements for the annual renewal of art therapist intern 101 registrations at a fee set by board rule. 102 (6)(
a) Inactive status is the licensure status that results 103 when a licensee has applied to the department to be placed on 104 inactive status and has paid a nonrefundable fee set by board 105 rule. 106 (
b) An inactive license may be renewed annually by paying a 107 nonrefundable fee set by board rule. 108 (
c) An inactive license may be reactivated by submitting a 109 completed application to the department and paying a 110 nonrefundable fee set by board rule. 111
Section 2. This act shall take effect on the same date that 112 SB ____ or other similar legislation takes effect, if such 113 legislation is adopted in the same legislative session or an 114 extension thereof and becomes a law. 115