S.F. 85 Section 1. Section 135.24, subsection 7, paragraph d, Code 1 2017, is amended to read as follows: 2 d. “Health care provider” means a physician licensed under 3 chapter 148 , a chiropractor licensed under chapter 151 , a 4 physical therapist licensed pursuant to chapter 148A , an 5 occupational therapist licensed pursuant to chapter 148B , 6 a podiatrist licensed pursuant to chapter 149 , a physician 7 assistant licensed and practicing under a supervising physician 8 pursuant to chapter 148C , a licensed practical nurse, a 9 registered nurse, or an advanced registered nurse practitioner 10 licensed pursuant to chapter 152 or 152E , a respiratory 11 therapist licensed pursuant to chapter 152B , a dentist, dental 12 hygienist, or dental assistant registered or licensed to 13 practice under chapter 153 , an optometrist licensed pursuant to 14 chapter 154 , a psychologist licensed pursuant to chapter 154B , 15 a social worker licensed pursuant to chapter 154C , a mental 16 health counselor , a clinical art therapist, or a marital and 17 family therapist licensed pursuant to chapter 154D , a speech 18 pathologist or audiologist licensed pursuant to chapter 154F , a 19 pharmacist licensed pursuant to chapter 155A , or an emergency 20 medical care provider certified pursuant to chapter 147A . 21 Sec. 2. Section 147.1, subsections 3 and 6, Code 2017, are 22 amended to read as follows: 23 3. “Licensed” or “certified” , when applied to a physician 24 and surgeon, podiatric physician, osteopathic physician and 25 surgeon, physician assistant, psychologist, chiropractor, 26 nurse, dentist, dental hygienist, dental assistant, 27 optometrist, speech pathologist, audiologist, pharmacist, 28 physical therapist, physical therapist assistant, occupational 29 therapist, occupational therapy assistant, orthotist, 30 prosthetist, pedorthist, respiratory care practitioner, 31 practitioner of cosmetology arts and sciences, practitioner 32 of barbering, funeral director, dietitian, marital and 33 family therapist, clinical art therapist, mental health 34 counselor, respiratory care and polysomnography practitioner, 35 -1- LSB 1070XS (7) 87 tr/nh/rh 1/ 9

S.F. 85 polysomnographic technologist, social worker, massage 1 therapist, athletic trainer, acupuncturist, nursing home 2 administrator, hearing aid specialist, or sign language 3 interpreter or transliterator means a person licensed under 4 this subtitle . 5 6. “Profession” means medicine and surgery, podiatry, 6 osteopathic medicine and surgery, practice as a physician 7 assistant, psychology, chiropractic, nursing, dentistry, 8 dental hygiene, dental assisting, optometry, speech 9 pathology, audiology, pharmacy, physical therapy, physical 10 therapist assisting, occupational therapy, occupational 11 therapy assisting, respiratory care, cosmetology arts and 12 sciences, barbering, mortuary science, marital and family 13 therapy, clinical art therapy, mental health counseling, 14 polysomnography, social work, dietetics, massage therapy, 15 athletic training, acupuncture, nursing home administration, 16 practice as a hearing aid specialist, sign language 17 interpreting or transliterating, orthotics, prosthetics, or 18 pedorthics. 19 Sec. 3. Section 147.2, subsection 1, Code 2017, is amended 20 to read as follows: 21 1. A person shall not engage in the practice of medicine 22 and surgery, podiatry, osteopathic medicine and surgery, 23 psychology, chiropractic, physical therapy, physical 24 therapist assisting, nursing, dentistry, dental hygiene, 25 dental assisting, optometry, speech pathology, audiology, 26 occupational therapy, occupational therapy assisting, 27 orthotics, prosthetics, pedorthics, respiratory care, 28 pharmacy, cosmetology arts and sciences, barbering, social 29 work, dietetics, marital and family therapy , clinical art 30 therapy, or mental health counseling, massage therapy, mortuary 31 science, polysomnography, athletic training, acupuncture, 32 nursing home administration, or sign language interpreting or 33 transliterating, or shall not practice as a physician assistant 34 or a hearing aid specialist, unless the person has obtained a 35 -2- LSB 1070XS (7) 87 tr/nh/rh 2/ 9

S.F. 85 license for that purpose from the board for the profession. 1 Sec. 4. Section 147.13, subsection 16, Code 2017, is amended 2 to read as follows: 3 16. For marital and family therapy , clinical art therapy, 4 and mental health counseling, the board of behavioral science. 5 Sec. 5. Section 147.14, subsection 1, paragraph m, Code 6 2017, is amended to read as follows: 7 m. For behavioral science, three members licensed to 8 practice marital and family therapy, all of whom shall be 9 practicing marital and family therapists; three members 10 licensed to practice mental health counseling, one of whom 11 shall be employed in graduate teaching, training, or research 12 in mental health counseling and two of whom shall be practicing 13 mental health counselors; one member licensed to practice 14 clinical art therapy; and three two members who are not 15 licensed to practice marital and family therapy , clinical art 16 therapy, or mental health counseling and who shall represent 17 the general public. 18 Sec. 6. Section 147.74, Code 2017, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 14A. A clinical art therapist licensed 21 under chapter 154D and this chapter may use the words “licensed 22 clinical art therapist” after the person’s name or signify the 23 same by the use of the letters “L.C.A.T.” after the person’s 24 name. A clinical art therapist licensed under chapter 154D and 25 this chapter who possesses a doctoral degree may use the prefix 26 “Doctor” or “Dr.” in conjunction with the person’s name, but 27 shall add after the person’s name the words “licensed clinical 28 art therapist” or letters “L.C.A.T.”. 29 Sec. 7. Section 154D.1, Code 2017, is amended by adding the 30 following new subsections: 31 NEW SUBSECTION . 01. “Art therapy” means the use by 32 a licensed clinical art therapist of psychotherapeutic 33 principles, art media, and the creative process to assist 34 individuals, families, or groups in increasing awareness of 35 -3- LSB 1070XS (7) 87 tr/nh/rh 3/ 9

S.F. 85 self and others, coping with symptoms, stress, and traumatic 1 experiences, and enhancing their own cognitive abilities, 2 and the identification and implementation by a licensed 3 clinical art therapist of therapeutic interventions to meet 4 the developmental, behavioral, mental, and emotional needs of 5 individuals, families, or groups. 6 NEW SUBSECTION . 1A. “Clinical art therapy” means the 7 application of art therapy principles and methods in the 8 diagnosis, prevention, treatment, and amelioration of 9 psychological problems and emotional or mental conditions. 10 NEW SUBSECTION . 1B. “Licensed clinical art therapist” 11 means a person licensed to practice clinical art therapy under 12 chapter 147 and this chapter. 13 NEW SUBSECTION . 7A. “Temporary licensed clinical art 14 therapist” means a person licensed to practice clinical art 15 therapy under supervision in accordance with section 154D.7. 16 Sec. 8. Section 154D.1, subsections 4 and 7, Code 2017, are 17 amended to read as follows: 18 4. “Licensee” includes a licensed marital and family 19 therapist , a licensed clinical art therapist, and a licensed 20 mental health counselor. 21 7. “Temporary license” means a license to practice marital 22 and family therapy , clinical art therapy, or mental health 23 counseling under direct supervision of a qualified supervisor 24 as determined by the board by rule to fulfill the postgraduate 25 supervised clinical experience requirement in accordance with 26 this chapter . 27 Sec. 9. Section 154D.4, Code 2017, is amended to read as 28 follows: 29 154D.4 Exemptions. 30 1. This chapter and chapter 147 do not prevent qualified 31 members of other professions, including but not limited to 32 nurses, psychologists, social workers, physicians, physician 33 assistants, attorneys at law, or members of the clergy, 34 from providing or advertising that they provide services 35 -4- LSB 1070XS (7) 87 tr/nh/rh 4/ 9

S.F. 85 of a marital and family therapy , clinical art therapy, or 1 mental health counseling nature consistent with the accepted 2 standards of their respective professions, but these persons 3 shall not use a title or description denoting that they are 4 licensed marital and family therapists , licensed clinical art 5 therapists, or licensed mental health counselors. 6 2. The licensure requirements of this chapter and chapter 7 147 do not apply to the following: 8 a. Students whose activities are conducted within a course 9 of professional education in marital and family therapy , 10 clinical art therapy, or mental health counseling. 11 b. A person who practices marital and family therapy , 12 clinical art therapy, or mental health counseling under the 13 supervision of a person licensed under this chapter as part 14 of a clinical experience as described in section 154D.2, 15 subsection 2 , or section 154D.8, subsection 1, paragraph “b” . 16 c. The provision of children, family, or mental health 17 services through the department of human services or juvenile 18 court, or agencies contracting with the department of human 19 services or juvenile court, by persons who do not represent 20 themselves to be either a marital and family therapist , a 21 clinical art therapist, or a mental health counselor. 22 Sec. 10. Section 154D.5, Code 2017, is amended to read as 23 follows: 24 154D.5 Sexual conduct with client. 25 The license of a marital and family therapist , a clinical art 26 therapist, or a mental health counselor shall be revoked if the 27 board finds that the licensee engaged in sexual activity with a 28 client as determined by board rule. The revocation shall be in 29 addition to any other penalties provided by law. 30 Sec. 11. Section 154D.7, Code 2017, is amended to read as 31 follows: 32 154D.7 Temporary license —— marital and family therapy —— 33 mental health counseling —— fees. 34 Any person who has fulfilled all of the requirements for 35 -5- LSB 1070XS (7) 87 tr/nh/rh 5/ 9

S.F. 85 licensure under this chapter , except for having completed 1 the postgraduate supervised clinical experience requirement 2 as determined by the board by rule, may apply to the board 3 for a temporary license. The license shall be designated 4 “temporary license in marital and family therapy” , “temporary 5 license in clinical art therapy”, or “temporary license in 6 mental health counseling” and shall authorize the licensee to 7 practice marital and family therapy , clinical art therapy, or 8 mental health counseling under the supervision of a qualified 9 supervisor as determined by the board by rule. The license 10 shall be valid for three years and may be renewed at the 11 discretion of the board. The fee for a temporary license 12 shall be set by the board to cover the administrative costs of 13 issuing the license, and if renewed, a renewal fee as set by 14 the board shall be required. 15 Sec. 12. NEW SECTION . 154D.8 Licensure —— clinical art 16 therapy. 17 1. An applicant for a license to practice clinical art 18 therapy shall be granted a license by the board when the 19 applicant satisfies all of the following requirements: 20 a. Possesses a master’s or doctoral degree from a nationally 21 accredited institution consisting of at least sixty semester 22 hours, or its equivalent, in one of the following art therapy 23 programs: 24 (1) A program approved by the American art therapy 25 association or its successor. 26 (2) A program accredited by the commission on accreditation 27 of allied health education programs at the time the degree was 28 conferred. 29 (3) A substantially equivalent program as approved by the 30 board. 31 b. Has at least two years of supervised experience or its 32 equivalent as approved by the board that includes experience 33 in a clinical setting that provides opportunities to diagnose, 34 treat, appraise, and assess mental, emotional, behavioral, and 35 -6- LSB 1070XS (7) 87 tr/nh/rh 6/ 9

S.F. 85 addiction disorders in both individual and group settings, as 1 determined by the board by rule. Standards for supervision, 2 including the requirement that supervision be provided by 3 an art therapy certified supervisor credentialed by the art 4 therapy credentials board or other qualified licensed mental 5 health professional approved by the board, shall be determined 6 by the board by rule. 7 c. Passes the national board examination of the art therapy 8 credentials board or its successor. 9 2. The board may make a determination that a program is 10 substantially equivalent to a master’s degree program in art 11 therapy approved by the American art therapy association or its 12 successor if the program includes an art therapy internship 13 of not less than six hundred hours that is performed under 14 supervision and is part of an approved course of study and 15 graduate-level courses and training in the following areas: 16 a. The art therapy profession. 17 b. Theory and practice of art therapy. 18 c. Human growth and developmental dynamics in art. 19 d. Application of art therapy with people in different 20 treatment settings. 21 e. Art therapy appraisal, diagnosis, and assessment. 22 f. Ethical and legal issues of art therapy practice. 23 g. Matters of cultural and social diversity bearing on the 24 practice of art therapy. 25 h. Standards of good art therapy practice. 26 i. Group art therapy. 27 Sec. 13. TRANSITION PROVISIONS. 28 1. Notwithstanding sections 147.14, as amended in this 29 Act, and 147.16, the governor may appoint, as the initial 30 member licensed to practice clinical art therapy to the board 31 of behavioral science pursuant to section 147.14, subsection 32 1, paragraph “m”, as amended in this Act, an individual who 33 is credentialed as a board-certified art therapist by the 34 art therapy credentials board with experience and expertise 35 -7- LSB 1070XS (7) 87 tr/nh/rh 7/ 9

S.F. 85 substantially equivalent to the requirements for licensure as a 1 clinical art therapist under section 154D.8, as enacted in this 2 Act. 3 2. Notwithstanding section 154D.8, subsection 1, as 4 enacted in this Act, during the period of one year from the 5 effective date of rules implementing this Act, the board 6 may grant a license to practice clinical art therapy for an 7 applicant who provides documentation satisfactory to the board 8 that the applicant holds a credential in good standing as a 9 board-certified art therapist with the art therapy credentials 10 board and has been engaged in the practice of clinical art 11 therapy for not less than five years at the time of the 12 effective date of rules adopted by the board to implement this 13 Act, which shall include experience in a clinical setting 14 that provides substantial opportunities to diagnose, treat, 15 appraise, and assess mental, emotional, behavioral, and 16 addiction disorders in both individual and group settings, as 17 determined by the board by rule. 18 Sec. 14. EFFECTIVE DATE AND IMPLEMENTATION. This Act 19 shall take effect January 1, 2018, except that the board of 20 behavioral science may begin implementation prior to that date, 21 to the extent necessary to fully implement the provisions 22 providing for the licensure of clinical art therapists by 23 January 1, 2018. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill provides for the licensure of clinical art 28 therapists. Under the bill, the board of behavioral science 29 shall administer the licensure of clinical art therapists and 30 shall adopt rules relating to the practice of clinical art 31 therapy. The bill modifies the membership of the board of 32 behavioral science to add one clinical art therapist and remove 33 one public member. The bill provides that persons not licensed 34 under the bill but referring to themselves as clinical art 35 -8- LSB 1070XS (7) 87 tr/nh/rh 8/ 9

S.F. 85 therapists or using other similar terms or abbreviations shall 1 be guilty of a simple misdemeanor. A simple misdemeanor is 2 punishable by confinement for no more than 30 days or a fine of 3 at least $65 but not more than $625 or by both. 4 The bill defines several terms including “art therapy” 5 and “clinical art therapy”. The bill provides for temporary 6 licensure of clinical art therapists. The bill requires that 7 to acquire a license to practice art therapy, an applicant 8 must have a master’s or doctoral degree in art therapy from 9 a program approved by the American art therapy association, 10 accredited by the commission on accreditation of allied health 11 education programs at the time the degree was conferred, or 12 another program approved by the board of behavioral science, 13 pass a national board examination, and complete at least two 14 years of supervised experience. 15 The bill includes licensed certified art therapists as 16 “health care providers” eligible to provide services through 17 the volunteer health care provider program created in Code 18 section 135.24. The bill provides that the board of behavioral 19 science may waive the licensing requirements established by 20 the bill for persons with certain qualifications in the first 21 year after rules implementing the licensure of clinical art 22 therapists are adopted. The bill includes an effective date of 23 January 1, 2018, except that the board of behavioral science 24 may begin implementation prior to that date, to the extent 25 necessary to fully implement the provisions providing for the 26 licensure of clinical art therapists by January 1, 2018. 27 -9- LSB 1070XS (7) 87 tr/nh/rh 9/ 9