HF 467 (LSB 2187YH (3) 89)

HOUSE FILE 467

BY  MASCHER, STAED, HANSEN, and WINCKLER

A BILL FOR

An Act providing for the licensure of clinical art therapists, making penalties applicable, providing for fees, and including effective date and implementation provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135.24, subsection 7, paragraph d, Code 2021, is amended to read as follows:
   d.  “Health care provider” means a physician licensed under chapter 148; a chiropractor licensed under chapter 151; a physical therapist licensed pursuant to chapter 148A; an occupational therapist licensed pursuant to chapter 148B; a podiatrist licensed pursuant to chapter 149; a physician assistant licensed and practicing under a supervising physician pursuant to chapter 148C; a licensed practical nurse, a registered nurse, or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E; a respiratory therapist licensed pursuant to chapter 152B; a dentist, dental hygienist, or dental assistant registered or licensed to practice under chapter 153; an optometrist licensed pursuant to chapter 154; a psychologist licensed pursuant to chapter 154B; a social worker licensed pursuant to chapter 154C; a mental health counselor, a clinical art therapist, marital and family therapist, behavior analyst, or assistant behavior analyst licensed pursuant to chapter 154D; a speech pathologist or audiologist licensed pursuant to chapter 154F; a pharmacist licensed pursuant to chapter 155A; or an emergency medical care provider certified pursuant to chapter 147A.
    Sec. 2.  Section 147.1, subsections 3 and 6, Code 2021, are amended to read as follows:
   3.  “Licensed” or “certified”, when applied to a physician and surgeon, podiatric physician, osteopathic physician and surgeon, genetic counselor, physician assistant, psychologist, chiropractor, nurse, dentist, dental hygienist, dental assistant, optometrist, speech pathologist, audiologist, pharmacist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, orthotist, prosthetist, pedorthist, respiratory care practitioner, practitioner of cosmetology arts and sciences, practitioner of barbering, funeral director, dietitian, behavior analyst, assistant behavior analyst, marital and family therapist, clinical art therapist, mental health counselor, respiratory care and polysomnography practitioner, polysomnographic technologist, social worker, massage therapist, athletic trainer, acupuncturist, nursing home administrator, hearing aid specialist, or sign language interpreter or transliterator means a person licensed under this subtitle.
   6.  “Profession” means medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, practice as a physician assistant, psychology, chiropractic, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, pharmacy, physical therapy, physical therapist assisting, occupational therapy, occupational therapy assisting, respiratory care, cosmetology arts and sciences, barbering, mortuary science, applied behavior analysis, marital and family therapy, clinical art therapy, mental health counseling, polysomnography, social work, dietetics, massage therapy, athletic training, acupuncture, nursing home administration, practice as a hearing aid specialist, sign language interpreting or transliterating, orthotics, prosthetics, or pedorthics.
    Sec. 3.  Section 147.2, subsection 1, Code 2021, is amended to read as follows:
   1.  A person shall not engage in the practice of medicine and surgery, podiatry, osteopathic medicine and surgery, genetic counseling, psychology, chiropractic, physical therapy, physical therapist assisting, nursing, dentistry, dental hygiene, dental assisting, optometry, speech pathology, audiology, occupational therapy, occupational therapy assisting, orthotics, prosthetics, pedorthics, respiratory care, pharmacy, cosmetology arts and sciences, barbering, social work, dietetics, applied behavior analysis, marital and family therapy or, clinical art therapy, mental health counseling, massage therapy, mortuary science, polysomnography, athletic training, acupuncture, nursing home administration, or sign language interpreting or transliterating, or shall not practice as a physician assistant or a hearing aid specialist, unless the person has obtained a license for that purpose from the board for the profession.
    Sec. 4.  Section 147.13, subsection 16, Code 2021, is amended to read as follows:
   16.  For applied behavior analysis, marital and family therapy, clinical art therapy, and mental health counseling, the board of behavioral science.
    Sec. 5.  Section 147.14, subsection 1, paragraph m, Code 2021, is amended to read as follows:
   m.  For behavioral science, three members licensed to practice marital and family therapy, all of whom shall be practicing marital and family therapists; three members licensed to practice mental health counseling, one of whom shall be employed in graduate teaching, training, or research in mental health counseling and two of whom shall be practicing mental health counselors; one member licensed to practice clinical art therapy; two licensed behavior analysts; one licensed assistant behavior analyst; and three two members who are not licensed to practice marital and family therapy, applied behavior analysis, clinical art therapy, or mental health counseling and who shall represent the general public.
    Sec. 6.  Section 147.74, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  14A.  A clinical art therapist licensed under chapter 154D and this chapter may use the words “licensed clinical art therapist” after the person’s name or signify the same by the use of the letters “L.C.A.T.” after the person’s name. A clinical art therapist licensed under chapter 154D and this chapter who possesses a doctoral degree may use the prefix “Doctor” or “Dr.” in conjunction with the person’s name, but shall add after the person’s name the words “licensed clinical art therapist” or letters “L.C.A.T.”.
    Sec. 7.  Section 154D.1, Code 2021, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Art therapy” means the integrative use of psychotherapeutic principles and methods by persons with specialized training in art media, the neurobiological implications of art-making, and art-based assessment models to assist individuals, families, or groups to improve cognitive and sensorimotor functions, increase self-awareness and self-esteem, cope with grief and traumatic experience, resolve conflicts and distress, and enhance social functioning. “Art therapy” includes therapeutic interventions that facilitate alternative modes of receptive and expressive communication and evaluation and assessments that define and implement art-based treatment plans that address developmental, behavioral, mental, and emotional needs.
   NEW SUBSECTION.  2A.  “Clinical art therapy” means the application of art therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions.
   NEW SUBSECTION.  4A.  “Licensed clinical art therapist” means a person licensed to practice clinical art therapy under chapter 147 and this chapter.
   NEW SUBSECTION.  11A.  “Temporary licensed clinical art therapist” means a person licensed to practice clinical art therapy under supervision in accordance with section 154D.7.
    Sec. 8.  Section 154D.1, subsections 7 and 11, Code 2021, are amended to read as follows:
   7.  “Licensee” includes a licensed marital and family therapist, a licensed clinical art therapist, and a licensed mental health counselor.
   11.  “Temporary license” means a license to practice marital and family therapy, clinical art therapy, or mental health counseling under direct supervision of a qualified supervisor as determined by the board by rule to fulfill the postgraduate supervised clinical experience requirement in accordance with this chapter.
    Sec. 9.  Section 154D.4, subsections 1 and 2, Code 2021, are amended to read as follows:
   1.  This chapter and chapter 147 do not prevent qualified members of other professions, including but not limited to nurses, psychologists, social workers, physicians, physician assistants, attorneys at law, or members of the clergy, from providing or advertising that they provide services of a marital and family therapy, clinical art therapy, or mental health counseling nature consistent with the accepted standards of their respective professions, but these persons shall not use a title or description denoting that they are licensed marital and family therapists, licensed clinical art therapists, or licensed mental health counselors.
   2.  The licensure requirements of this chapter and chapter 147 do not apply to the following:
   a.  Students whose activities are conducted within a course of professional education in marital and family therapy, clinical art therapy, or mental health counseling.
   b.  A person who practices marital and family therapy, clinical art therapy, or mental health counseling under the supervision of a person licensed under this chapter as part of a clinical experience as described in section 154D.2, subsection 2, or section 154D.8, subsection 1, paragraph “b”.
   c.  The provision of children, family, or mental health services through the department of human services or juvenile court, or agencies contracting with the department of human services or juvenile court, by persons who do not represent themselves to be either a marital and family therapist, a clinical art therapist, or a mental health counselor.
    Sec. 10.  Section 154D.5, Code 2021, is amended to read as follows:
   154D.5  Sexual conduct with client.
   The license of a behavior analyst, an assistant behavior analyst, a marital and family therapist, a clinical art therapist, or a mental health counselor shall be revoked if the board finds that the licensee engaged in sexual activity with a client as determined by board rule. The revocation shall be in addition to any other penalties provided by law.
    Sec. 11.  Section 154D.7, Code 2021, is amended to read as follows:
   154D.7  Temporary license —— marital and family therapy —— mental health counseling —— fees.
   Any person who has fulfilled all of the requirements for licensure under section 154D.2 or 154D.8, except for having completed the postgraduate supervised clinical experience requirement as determined by the board by rule, may apply to the board for a temporary license. The license shall be designated “temporary license in marital and family therapy”, “temporary license in clinical art therapy”, or “temporary license in mental health counseling” and shall authorize the licensee to practice marital and family therapy, clinical art therapy, or mental health counseling under the supervision of a qualified supervisor as determined by the board by rule. The license shall be valid for three years and may be renewed at the discretion of the board. The fee for a temporary license shall be set by the board to cover the administrative costs of issuing the license, and if renewed, a renewal fee as set by the board shall be required.
    Sec. 12.  NEW SECTION.  154D.8  Licensure —— clinical art therapy.
   1.  An applicant for a license to practice clinical art therapy shall be granted a license by the board when the applicant satisfies all of the following requirements:
   a.  Possesses a master’s or doctoral degree from a nationally accredited institution consisting of at least sixty semester hours, or its equivalent, in one of the following art therapy programs:
   (1)  A program approved by the American art therapy association or its successor.
   (2)  A program accredited by the commission on accreditation of allied health education programs at the time the degree was conferred.
   (3)  A substantially equivalent program as approved by the board.
   b.  Has at least two years of supervised experience or its equivalent as approved by the board that satisfies all of the following requirements:
   (1)  Successful completion of at least three thousand hours of clinical art therapy that shall include at least one thousand five hundred hours of direct client contact and two hundred hours of clinical supervision.
   (2)  Includes experience in clinical settings that provide opportunities to diagnose, treat, appraise and assess mental, emotional, behavioral and addiction disorders in both individual and group settings, as determined by the board by rule.
   (3)  Provides for supervision by an art therapy certified supervisor, licensed clinical art therapist, board certified art therapist, or other qualified licensed mental health professional approved by the board. Applicants beginning supervised experience on or after January 1, 2022, shall complete at least five hundred hours of direct client contact under supervision by an art therapy certified supervisor or board certified art therapist.
   c.  Passes the national board examination of the art therapy credentials board or its successor.
   2.  The board may make a determination that a program is substantially equivalent to a master’s degree program in art therapy approved by the American art therapy association or its successor if the program includes graduate-level courses and training in the following areas:
   a.  The art therapy profession.
   b.  Theory and practice of art therapy.
   c.  Human growth and developmental dynamics in art.
   d.  Application of art therapy with people in different treatment settings.
   e.  Art therapy assessment.
   f.  Ethical and legal issues of art therapy practice.
   g.  Matters of cultural and social diversity bearing on the practice of art therapy.
   h.  Standards of good art therapy practice.
   i.  Group art therapy.
   j.  Diagnosis, assessment, and treatment procedures.
   k.  An art therapy internship of not less than six hundred hours that is performed under supervision and is part of an approved course of study.
   3.  This section shall not be construed to prevent members of other professions licensed or certified under this chapter from engaging in any act or practice, including the use of art or art materials, in a manner consistent with their training and the accepted standards of their respective professions without a license to practice clinical art therapy, but such persons shall not represent such acts or practices as art therapy, or use any title or description denoting they are a clinical art therapist or licensed to practice clinical art therapy under this chapter.
    Sec. 13.  TRANSITION PROVISIONS.
   1.  Notwithstanding sections 147.14, as amended in this Act, and 147.16, the governor may appoint, as the initial member licensed to practice clinical art therapy to the board of behavioral science pursuant to section 147.14, subsection 1, paragraph “m”, as amended in this Act, an individual who is credentialed as a board-certified art therapist by the art therapy credentials board with experience and expertise substantially equivalent to the requirements for licensure as a clinical art therapist under section 154D.8, as enacted in this Act.
   2.  Notwithstanding section 154D.8, subsection 1, as enacted in this Act, during the period of one year from the effective date of rules implementing this Act, the board may grant a license to practice clinical art therapy for an applicant who provides documentation satisfactory to the board that the applicant holds a credential in good standing as a board-certified art therapist with the art therapy credentials board and has been engaged in the practice of clinical art therapy for not less than five years at the time of the effective date of rules adopted by the board to implement this Act, which shall include experience in a clinical setting that provides substantial opportunities to diagnose, treat, appraise, and assess mental, emotional, behavioral, and addiction disorders in both individual and group settings, as determined by the board by rule.
   3.  Notwithstanding section 154D.8, subsection 1, paragraph “b”, as enacted in this Act, during the period of three years from the effective date of rules implementing this Act, the board shall accept for purposes of qualifying an applicant for a temporary license to practice clinical art therapy under supervision in accordance with section 154D.7, as amended in this Act, a plan for supervision that includes direct clinical supervision by an individual who is credentialed as a registered art therapist by the art therapy credentials board who has been engaged in the practice of clinical art therapy for not less than five years, as determined by the board by rule.
    Sec. 14.  EFFECTIVE DATE AND IMPLEMENTATION.  This Act shall take effect January 1, 2022, except that the board of behavioral science may begin implementation prior to that date, to the extent necessary to fully implement the provisions providing for the licensure of clinical art therapists by January 1, 2022.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for the licensure of clinical art therapists. Under the bill, the board of behavioral science shall administer the licensure of clinical art therapists and shall adopt rules relating to the practice of clinical art therapy. The bill modifies the membership of the board of behavioral science to add one clinical art therapist and remove one public member. The bill provides that persons not licensed under the bill but referring to themselves as clinical art therapists or using other similar terms or abbreviations shall be guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $105 but not more than $855 or by both.
   The bill defines several terms including “art therapy” and “clinical art therapy”. The bill provides for temporary licensure of clinical art therapists. The bill requires that to acquire a license to practice art therapy, an applicant must have a master’s or doctoral degree in art therapy from a program approved by the American art therapy association, accredited by the commission on accreditation of allied health education programs at the time the degree was conferred, or another program approved by the board of behavioral science, pass a national board examination, and complete at least two years of supervised experience. The bill allows other licensees under Code chapter 154D to use art or art materials as part of their practice without an art therapy license if they do not represent that they practice art therapy.
   The bill includes licensed certified art therapists as “health care providers” eligible to provide services through the volunteer health care provider program created in Code section 135.24. The bill provides that the board of behavioral science may waive the licensing requirements established by the bill for persons with certain qualifications in the first year after rules implementing the licensure of clinical art therapists are adopted. The bill also directs the board to grant temporary licenses to applicants seeking to practice clinical art therapy under supervision whose supervision plan includes supervision by a registered art therapist who has been practicing for at least five years. This directive applies for the first three years following the effective date of rules implementing the bill. The bill includes an effective date of January 1, 2022, except that the board of behavioral science may begin implementation prior to that date, to the extent necessary to fully implement the provisions providing for the licensure of clinical art therapists by January 1, 2022.