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