West Bill Makes Unlicensed Art Therapy A Class B Misdemeanor

The text as introduced · 6,641 words

89R2692 JCG-F

By: West
S.B. No. 1081

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) the integration of psychological theories, art

therapy theory, art-based assessment models, traditional verbal

counseling techniques, and the creative process into the provision

of psychotherapy;

(3) the provision of services to accomplish art

therapy goals, including using expressive arts media, creative

techniques, nonverbal communication, psychotherapy, art-based

assessment models, and the creative process in a therapeutic

relationship between a client and a licensed professional art

therapist or a licensed art therapy associate;

(4) evaluation, assessment, and diagnosis to define

and implement individualized treatment plans to address

developmental, rehabilitative, habilitative, medical, mental

health, preventive, wellness care, or educational needs of clients;

(5) systematically evaluating and comparing a client's

response to an individualized art therapy treatment plan and

suggesting modifications, as appropriate;

(6) therapeutic interventions to facilitate

alternative modes of receptive and expressive communication that

can circumvent the limitations of verbal articulation;

(7) the use of treatment interventions that include

psychotherapy or counseling integrated with art therapy theory, the

creative process, or art media to facilitate human development and

to identify and remediate mental, emotional, or behavioral

disorders and associated distresses that interfere with daily

functioning; and

(8) the use of appropriate knowledge and specialized

training in art therapy theory, art media, the creative process,

the neurobiological implications of art-making, psychotherapy and

counseling principles and theory, and clinical decision-making

skills to inform practice and determine the appropriate course of

action, tailored to the context of each specific clinical setting.

Sec. 508.004. APPLICABILITY. (a) This chapter does not

apply to:

(1) a student or intern who:

(A) practices under the supervision of a

qualified art therapy supervisor in an educational institution or

agency as part of the institution's or agency's graduate degree

program in art therapy or a related field; and

(B) is designated by a title such as "student,"

"trainee," "intern," or another title clearly indicating the

person's training status; or

(2) an activity conducted or a service performed by a

person who is licensed, certified, or registered in a profession

other than art therapy, if:

(A) the activity or service is conducted or

performed within the scope of the person's license, certificate, or

registration; and

(B) the person does not represent the person to

the public by any title, initials, or description of services as

being a licensed professional art therapist or a licensed associate

art therapist.

(b) The executive council may adopt rules governing the

supervision required to qualify for the exemption under Subsection

(a).

SUBCHAPTER B. TEXAS ART THERAPY BOARD

Sec. 508.051. BOARD; MEMBERSHIP. (a) The Texas Art Therapy

Board consists of five members appointed by the governor with the

advice and consent of the senate as follows:

(1) three licensed professional art therapists who

have been actively engaged in the practice of art therapy in this

state for at least the three years preceding the member's

appointment;

(2) one health care professional who is not a licensed

professional art therapist; and

(3) one member who represents the public.

(b) Appointments to the board shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointee.

(c) Notwithstanding Subsection (a)(1), a person practicing

as a professional art therapist is eligible for appointment as an

initial member of the board regardless of whether the person holds a

professional art therapy license issued under this chapter. This

subsection expires September 1, 2026.

Sec. 508.052. PUBLIC MEMBERSHIP ELIGIBILITY. (a) The

public member of the board may not:

(1) be licensed under this chapter; or

(2) have an interest in the practice of art therapy

other than as a consumer.

(b) A person is not eligible for appointment as the public

member of the board if:

(1) the person is registered, certified, or licensed

by an occupational regulatory agency in the field of health care;

(2) the person's spouse is registered, certified, or

licensed by an occupational regulatory agency in the field of

mental health; or

(3) the person or the person's spouse:

(A) is employed by or participates in the

management of a business entity or other organization regulated by

or receiving funds from the board or executive council;

(B) owns or controls, directly or indirectly,

more than a 10 percent interest in a business entity or other

organization regulated by or receiving funds from the board or

executive council; or

(C) uses or receives a substantial amount of

tangible goods, services, or funds from the board or executive

council, other than compensation or reimbursement authorized by law

for board membership, attendance, or expenses.

Sec. 508.053. MEMBERSHIP RESTRICTIONS. (a) In this

section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board if:

(1) the person is an officer, employee, or paid

consultant of a Texas trade association in the field of health care;

or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of mental

health.

(c) A person may not be a member of the board 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 board.

Sec. 508.054. TERMS. Members of the board serve staggered

six-year terms with the terms of one or two members expiring on

February 1 of each odd-numbered year.

Sec. 508.055. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 508.051(a);

(2) does not maintain during service on the board the

qualifications required by Section 508.051(a);

(3) is ineligible for membership under Section 508.052

or 508.053;

(4) cannot, because of illness or disability,

discharge the member's duties for a substantial part of the member's

term; or

(5) is absent from more than half of the regularly

scheduled board meetings that the member is eligible to attend

during a calendar year without an excuse approved by a majority vote

of the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board member

exists.

(c) If the executive director of the executive council has

knowledge that a potential ground for removal exists, the executive

director shall notify the presiding officer of the board of the

potential ground. The presiding officer shall then notify the

governor and the attorney general that a potential ground for

removal exists. If the potential ground for removal involves the

presiding officer, the executive director shall notify the next

highest ranking officer of the board, who shall then notify the

governor and attorney general that a potential ground for removal

exists.

Sec. 508.056. EXPENSE REIMBURSEMENT. Each board member is

entitled to reimbursement for expenses incurred in traveling to and

from the business of the board at the rates provided in the General

Appropriations Act for state employees. A member may not receive

actual or necessary expenses except for travel to and from

meetings.

Sec. 508.057. OFFICERS. (a) The governor shall designate a

member of the board as presiding officer. The presiding officer

serves in that capacity at the will of the governor.

(b) The board shall elect an assistant presiding officer to

serve as provided by board rule.

Sec. 508.058. MEETINGS. (a) The board shall meet at least

three times each year.

(b) The board may hold other regular meetings as provided by

board rule and special meetings as determined by the board.

Sec. 508.059. TRAINING. (a) A person who is appointed to

and qualifies for office as a member of the board may not vote,

deliberate, or be counted as a member in attendance at a meeting of

the board until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the law governing board operations;

(2) the programs, functions, rules, and budget of the

board;

(3) the scope of and limitations on the rulemaking

authority of the board;

(4) the types of board rules, interpretations, and

enforcement actions that may implicate federal antitrust law by

limiting competition or impacting prices charged by persons engaged

in a profession or business the board regulates, including any

rule, interpretation, or enforcement action that:

(A) regulates the scope of practice of persons in

a profession or business the board regulates;

(B) restricts advertising by persons in a

profession or business the board regulates;

(C) affects the price of goods or services

provided by persons in a profession or business the board

regulates; or

(D) restricts participation in a profession or

business the board regulates;

(5) the results of the most recent formal audit of the

board;

(6) the requirements of:

(A) laws relating to open meetings, public

information, administrative procedure, and disclosure of conflicts

of interest; and

(B) other laws applicable to members of the board

in performing their duties; and

(7) any applicable ethics policies adopted by the

board or the Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

(d) The executive director of the executive council shall

create a training manual that includes the information required by

Subsection (b). The executive director shall distribute a copy of

the training manual annually to each board member. Each member of

the board shall sign and submit to the executive director a

statement acknowledging that the member received and has reviewed

the training manual.

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Sec. 508.101. GENERAL POWERS AND DUTIES OF EXECUTIVE

COUNCIL. (a) The executive council shall administer and enforce

this chapter.

(b) The executive council may:

(1) adopt and enforce rules necessary to perform the

executive council's duties under this chapter;

(2) ensure strict compliance with and enforcement of

this chapter, including by recommending violations of this chapter

to the appropriate district, criminal district, or county attorney

for prosecution; and

(3) enter into contracts as necessary to administer

and enforce this chapter.

(c) The executive council shall adopt a code of ethics for

license holders.

Sec. 508.102. BOARD DUTIES. The board shall propose to the

executive council:

(1) rules regarding:

(A) the qualifications necessary to obtain a

license, including rules 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 practice of art therapy; and

(C) continuing education requirements for

license holders; and

(2) a schedule of sanctions for violations of this

chapter or rules adopted under this chapter.

Sec. 508.103. ROSTER OF PERSONS LICENSED UNDER THIS

CHAPTER. The executive council shall compile and publish annually

a roster of names, license numbers, and addresses of each person

licensed under this chapter.

Sec. 508.104. FEES. (a) Subject to Subsection (b), the

executive council shall establish reasonable and necessary fees for

the administration of this chapter, including fees for license

applications and license renewals and any penalty fee for late

renewals.

(b) The fee to apply for a professional art therapist

license must be at least $183.

SUBCHAPTER D. LICENSE REQUIREMENTS

Sec. 508.151. LICENSE REQUIRED TO PRACTICE ART THERAPY;

TITLE RESTRICTIONS. (a) A person may not engage in the practice of

art therapy unless the person is licensed under this chapter.

(b) Unless the person holds the appropriate license under

this chapter, a person may not use or cause to be used:

(1) the titles "licensed professional art therapist"

or "licensed associate art therapist";

(2) the abbreviations "LPAT" or "LAAT"; or

(3) any other title, designation, word, letter,

abbreviation, or insignia indicating the practice of art therapy.

Sec. 508.152. APPLICATION; ISSUANCE. (a) A person may

apply for a license under this chapter by submitting an application

to the executive council and paying any required fee. The

application must:

(1) be on a form and submitted in a manner prescribed

by the executive council;

(2) include evidence satisfactory to the executive

council that the applicant meets the eligibility requirements for

the license for which the applicant is applying; and

(3) contain any other information required by

executive council rule.

(b) The executive council shall review applications

submitted under Subsection (a) and issue the appropriate license to

a person who meets the eligibility requirements of this chapter for

the license for which the person applied.

Sec. 508.153. ELIGIBILITY FOR PROFESSIONAL ART THERAPIST

LICENSE. (a) To be eligible for a professional art therapist

license, an applicant must:

(1) be at least 21 years of age;

(2) be licensed as an associate art therapist;

(3) subject to Subsection (b), have completed the

minimum number of hours practicing art therapy as a licensed

associate art therapist as required by executive council rule in a

period of not less than two years, which may not be less than 3,000

hours; and

(4) satisfactorily complete the Art Therapy

Credentials Board Examination (ATC-BE) or a substantially similar

examination approved by the executive council.

(b) With respect to the hours required under Subsection

(a)(3):

(1) at least 1,500 of those hours must have been spent

practicing art therapy with clients in face-to-face meetings for

the purpose of diagnosing or treating mental, emotional,

behavioral, or addiction disorders;

(2) for every 10 hours the licensed associate art

therapist practices art therapy with clients in face-to-face

meetings, the qualified art therapy supervisor must provide to the

licensed associate art therapist at least one hour of direct

supervision by face-to-face meeting; and

(3) notwithstanding Subdivision (2), the qualified

art therapy supervisor must provide at least two hours of

supervision each month to the associate art therapist through group

or individual supervision, which shall be credited toward meeting

the hours of supervision required by Subdivision (2).

Sec. 508.154. ELIGIBILITY FOR ASSOCIATE ART THERAPIST

LICENSE. To be eligible for an associate art therapist license, an

applicant must:

(1) be at least 21 years of age;

(2) either:

(A) have completed a master's or doctoral degree

program in art therapy with an accredited educational institution

that included at least 700 hours of supervised educational

experience through an internship; or

(B) have completed each of the following:

(i) a master's or doctoral degree program in

a field related to art therapy with an accredited educational

institution;

(ii) as part of the degree program

described by Subparagraph (i), at least 30 graduate credit hours in

any combination of the following subjects:

(a) theory and practice of art

therapy, including applicable standards for the practice of art

therapy;

(b) art therapy media and techniques;

(c) history of art therapy;

(d) human growth and developmental

dynamics in art;

(e) application of art therapy with

persons in different treatment settings;

(f) art therapy appraisal;

(g) diagnosis and assessment;

(h) group art therapy;

(i) ethical and legal issues of art

therapy practice; and

(j) matters of cultural and social

diversity bearing on the practice of art therapy; and

(iii) at least 700 hours of supervised

educational experience through an internship;

(3) submit at least one letter of recommendation

attesting to the applicant's integrity and competence from a

qualified art therapy supervisor who has provided direct clinical

supervision of the applicant's graduate program clinical training,

practicum, or internship; and

(4) have secured employment as an associate art

therapist and completed a postgraduate supervised training plan on

forms prescribed by the executive council describing the services

to be provided, place of employment, and individuals responsible

for supervision and in a statement acknowledging the rules and

requirements for practice as an associate art therapist.

Sec. 508.155. EXAMINATIONS. The executive council shall

adopt or develop, and administer as necessary, examinations for

licensure as a professional art therapist and associate art

therapist.

Sec. 508.156. ISSUANCE OF LICENSE TO APPLICANTS LICENSED IN

OTHER JURISDICTIONS. The executive council may issue a

professional art therapist license or associate art therapist

license to an applicant for a license under this chapter who is

licensed, registered, certified, or otherwise credentialed in

another jurisdiction to engage in the practice of art therapy if:

(1) the executive council determines that the

standards for issuance of the credential issued in the other

jurisdiction are substantially equivalent to the requirements for a

license under this chapter;

(2) the applicant demonstrates in the manner

prescribed by the executive council that the applicant:

(A) will comply with the laws and rules governing

the practice of art therapy in this state and practice art therapy

within the scope authorized by law;

(B) has not been subject to any disciplinary

action of a serious nature by the licensing authority in the other

jurisdiction; and

(C) has completed a master's or doctoral degree

program in art therapy or a related field with an accredited

educational institution; and

(3) the applicant pays any required application fee.

Sec. 508.157. ISSUANCE OF LICENSE FOR CERTAIN PERSONS

PRACTICING ART THERAPY BEFORE ENACTMENT OF CHAPTER; EXPIRATION.

(a) The executive council may waive the requirements of this

chapter for licensure as a professional art therapist for an

applicant who, not later than March 1, 2027, pays any required

application fee and demonstrates to the executive council in a

manner prescribed by the executive council that the applicant:

(1) has completed a master's or doctoral degree

program in art therapy or a related field;

(2) holds a credential in good standing with the Art

Therapy Credentials Board, Inc., or an equivalent credential as

determined by the executive council; and

(3) has engaged in the practice of art therapy for at

least five years preceding September 1, 2025.

(b) This section expires September 1, 2027.

SUBCHAPTER E. LICENSE RENEWAL AND CONTINUING EDUCATION

Sec. 508.201. PROFESSIONAL ART THERAPIST LICENSE TERM;

RENEWAL. (a) A professional art therapist license is valid for a

term of two years.

(b) The executive council by rule shall adopt a system under

which professional art therapist licenses expire on various dates

during the year.

(c) To renew a professional art therapist license, the

license holder must apply on a form and in a manner prescribed by

the executive council, pay any required fee, and demonstrate to the

satisfaction of the executive council that the license holder has

completed any required continuing education.

(d) On application by a license holder, the executive

council shall renew the license if the license holder meets all the

renewal requirements of this chapter, including any rule adopted

under this chapter.

Sec. 508.202. ASSOCIATE ART THERAPIST LICENSE TERM;

EXTENSION OF TERM. (a) An associate art therapist license is valid

for a term of three years and may not be renewed.

(b) A licensed associate art therapist who has not met the

requirement for licensure as a professional art therapist before

the expiration of the person's license may apply for a one-time

extension of the license for an additional two years. An

application for extension under this subsection must include:

(1) a plan for completing the requirements to obtain a

professional art therapist license;

(2) documented evidence of compliance with any

required continuing education;

(3) documented evidence that the license holder is

receiving appropriate supervision from a qualified art therapy

supervisor; and

(4) at least one letter of recommendation from a

qualified art therapy supervisor who is providing supervision to

the license holder.

Sec. 508.203. CONTINUING EDUCATION. (a) The executive

council shall:

(1) require each person licensed under this chapter to

complete a minimum number of continuing education courses or

programs once every 24 months;

(2) recognize the American Art Therapy Association and

other persons as providers of continuing education for any

continuing education required under Chapter 507, this chapter, or a

rule adopted under either of those chapters;

(3) subject to Subsection (b), accredit educational

courses or programs related to art therapy as qualifying continuing

education, including:

(A) attending meetings of constituents and

components of art therapy associations recognized by the executive

council;

(B) preparing or participating in examinations;

(C) preparing papers;

(D) publications;

(E) presentations; and

(F) obtaining teaching and research

appointments; and

(4) establish procedures for the issuance of

continuing education credit on receiving satisfactory evidence of

completion of the courses or programs described by Subdivision (3).

(b) The executive council may approve courses or programs

described by Subsection (a)(3) only if the programs are open to all

art therapists in this state on a reasonably nondiscriminatory

basis.

(c) For an education course or program that qualifies as

continuing education, each hour of instruction is equivalent to one

credit.

(d) As part of the continuing education hours required under

Subsection (a)(1), each person licensed under this chapter must

complete at least three hours of courses or programs on the ethical

practice of art therapy.

Sec. 508.204. EXTENSION TO COMPLETE CONTINUING EDUCATION

REQUIREMENTS. The executive council shall adopt rules to provide

for a professional art therapy license holder who is unable to

complete the required continuing education hours for renewal before

the expiration of the license holder's license to apply for an

extension of the term of the license for a time considered adequate

by the executive council for the license holder to complete any

remaining required continuing education hours.

Sec. 508.205. REQUIRED NOTICE OF RENEWAL; INACTIVE STATUS.

(a) Not later than the 30th day before the date a person's

professional art therapy license expires, the executive council

shall provide notice to the license holder of the renewal fees under

Section 507.255 and that the license holder may request that the

executive council place the license on inactive status.

(b) On request of a professional art therapy license holder,

the executive council shall place the person's license on inactive

status.

(c) A person whose license is inactive:

(1) may not practice art therapy under this chapter;

and

(2) is not required to pay a license renewal fee or any

penalty fee.

(d) A person whose license is inactive may apply to

reactivate the license. The executive council shall reactivate the

license if the applicant:

(1) pays a license fee;

(2) is not in violation of this chapter when the

applicant applies to reactivate the license; and

(3) fulfills the requirements provided by executive

council rule for the holder of an inactive license.

SUBCHAPTER F. PRACTICE BY LICENSE HOLDER

Sec. 508.251. INDEPENDENT PRACTICE BY LICENSED

PROFESSIONAL ART THERAPIST. (a) In this section, the "independent

practice of art therapy" means to diagnose and treat mental health

disorders specified in the most recent edition of the Diagnostic

and Statistical Manual of Mental Disorders designated by the

executive council for use by licensed professional art therapists.

(b) Notwithstanding any other law, a licensed professional

art therapist may engage in the independent practice of art

therapy.

(c) If a client has symptoms of a mental disorder, a

licensed professional art therapist shall request a consultation

from and consult with the client's primary care physician or

psychiatrist, as applicable, to determine whether a medical

condition or medication is causing or contributing to the client's

symptoms of the mental disorder.

(d) A licensed professional art therapist is not required to

consult a client's primary care physician or psychiatrist under

Subsection (c) if the client waives that requirement in writing.

The licensed professional art therapist shall maintain any written

waiver under this subsection with the client's records.

(e) Regardless of when the consultation required by

Subsection (c) is obtained, the licensed professional art therapist

may continue, after the consultation is requested under Subsection

(c) or waived under Subsection (d), to evaluate and treat the

client.

(f) The executive council may adopt rules governing the

independent practice of art therapy by a licensed professional art

therapist.

Sec. 508.252. SUPERVISED PRACTICE OF ART THERAPY BY

LICENSED ASSOCIATE ART THERAPIST. (a) A licensed associate art

therapist may not:

(1) practice art therapy unless:

(A) the licensed associate art therapist is

practicing under the supervision of a qualified art therapy

supervisor;

(B) the licensed associate art therapist and each

of the therapist's qualified art therapy supervisors have entered

into a postgraduate supervised training plan on forms prescribed by

the executive council describing the services to be provided, place

of employment, and individuals responsible for supervision and in a

statement acknowledging the rules and requirements for practice as

a licensed associate art therapist; and

(C) the training plan described by Paragraph (B)

has been approved by the executive council; and

(2) represent that the licensed associate art

therapist is a licensed professional art therapist or that the

licensed associate art therapist may engage in the independent

practice of art therapy.

(b) The supervision of a licensed associate art therapist by

a qualified art therapy supervisor must comply with the following

requirements:

(1) the practice of art therapy is under the order,

control, and full professional responsibility of the supervisor who

reviews aspects of the practice and case management in a

face-to-face meeting with the therapist; and

(2) the supervisor:

(A) accepts direct responsibility for the client

services provided by the licensed associate art therapist and

conducts regular face-to-face meetings with the therapist;

(B) ensures that the extent, kind, and quality of

art therapy services provided by the therapist are consistent with

the education, training, and experience of the therapist;

(C) reviews client or patient records of the

clients or patients for whom the therapist provided art therapy

services;

(D) monitors the therapist's practice of art

therapy;

(E) evaluates any assessment administered,

diagnosis made, or treatment decision made by the therapist; and

(F) ensures compliance with laws and rules

governing the practice of art therapy, including as practiced by a

licensed associate art therapist.

Sec. 508.253. CONFIDENTIALITY OF COMMUNICATIONS MADE

DURING ART THERAPY SERVICES. (a) Any communication made between a

licensed professional art therapist or a licensed associate art

therapist and the therapist's client while the therapist is

practicing art therapy is confidential.

(b) A communication that is confidential under this section

may not be disclosed by the therapist unless:

(1) the client receiving the art therapy service

authorizes the disclosure in writing;

(2) the therapist is the defendant in a civil,

criminal, or administrative action arising from the art therapy

service during which the communication was made; or

(3) the disclosure is authorized by other law.

(c) A disclosure authorized by Subsection (b) does not waive

the right to assert in the future that the communication is

confidential.

SUBCHAPTER G. DISCIPLINARY ACTIONS

Sec. 508.301. DISCIPLINARY ACTIONS. A person is subject to

disciplinary action as provided by Subchapter G or H, Chapter 507,

if the person:

(1) violates this chapter or a rule or code of ethics

adopted under this chapter; or

(2) commits an act for which liability exists under

Chapter 81, Civil Practice and Remedies Code.

Sec. 508.302. REFUND. (a) Subject to Subsection (b), the

executive council may order a license holder to pay a refund to a

consumer as provided in an agreement resulting from an informal

settlement conference instead of or in addition to imposing an

administrative penalty under Subchapter H, Chapter 507.

(b) The amount of a refund ordered as provided in an

agreement resulting from an informal settlement conference may not

exceed the amount the consumer paid to the license holder for a

service regulated by this chapter. The executive council may not

require payment of other damages or estimate harm in a refund order.

SUBCHAPTER H. CRIMINAL PENALTY

Sec. 508.351. OFFENSE. (a) A person commits an offense if

the person:

(1) violates Section 508.151; or

(2) engages in the independent practice of art therapy

without holding a professional art therapist license.

(b) An offense under this section is a Class B misdemeanor.

SECTION 2.02. Section 81.001(2), Civil Practice and

Remedies Code, is amended to read as follows:

(2) "Mental health services provider" means an

individual, licensed or unlicensed, who performs or purports to

perform mental health services, including a:

(A) licensed social worker as defined by Section

505.002, Occupations Code;

(B) chemical dependency counselor as defined by

Section 504.001, Occupations Code;

(C) licensed professional counselor as defined

by Section 503.002, Occupations Code;

(D) licensed marriage and family therapist as

defined by Section 502.002, Occupations Code;

(E) member of the clergy;

(F) physician who is practicing medicine as

defined by Section 151.002, Occupations Code;

(G) psychologist offering psychological services

as defined by Section 501.003, Occupations Code; [ or ]

(H) special officer for mental health assignment

certified under Section 1701.404, Occupations Code ; or

(I) professional art therapist or associate art

therapist licensed under Chapter 508, Occupations Code .

SECTION 2.03. As soon as practicable after the effective

date of this Act, the governor shall appoint the members of the

Texas Art Therapy Board in accordance with Chapter 508, Occupations

Code, as added by this Act. In making the initial appointments, the

governor shall designate two members for terms expiring February 1,

2027, two members for terms expiring February 1, 2029, and one

member for a term expiring February 1, 2031.

SECTION 2.04. Not later than January 1, 2026, the Texas

Behavioral Health Executive Council shall adopt the rules,

procedures, and fees necessary to administer Chapter 508,

Occupations Code, as added by this Act.

SECTION 2.05. Notwithstanding Chapter 508, Occupations

Code, as added by this Act, an art therapist is not required to hold

a license under that chapter to practice as a licensed professional

art therapist or licensed associate art therapist in this state

before September 1, 2026.

ARTICLE 3. CONFORMING AMENDMENTS

SECTION 3.01. Sections 503.310(a) and (b), Occupations

Code, are amended to read as follows:

(a) On application and payment of applicable fees, the

executive council may issue a provisional license to a person who

holds a license as a counselor [ or art therapist ] issued by another

state or by a jurisdiction acceptable to the executive council.

(b) An applicant for a provisional license must:

(1) be licensed in good standing as a counselor [ or art

therapist ] in another state, territory, or jurisdiction that has

licensing requirements substantially equivalent to the

requirements of this chapter;

(2) have passed the required license examination; and

(3) be sponsored by a person licensed under this

chapter with whom the applicant may practice under a provisional

license.

SECTION 3.02. Section 503.452(a), Occupations Code, is

amended to read as follows:

(a) A person commits an offense if the person knowingly:

(1) engages in the practice of professional counseling

without holding a license under this chapter;

(2) represents the person by the title "Licensed

Professional Counselor" or "Licensed Counselor" without holding a

license under this chapter;

[ (3) represents the person by the title "Licensed

Professional Counselor -- Art Therapist," "Art Therapist," or by

the initials "L.P.C. -- A.T." or "A.T." without:

[ (A) holding a license with a specialization in

art therapy under Section 503.303; or

[ (B) holding a license under Section 503.309; ] or

(3) [ (4) ] uses any title, words, letters, or

abbreviations that imply that the person is licensed under this

chapter if the person is not licensed under this chapter.

SECTION 3.03. Section 503.303, Occupations Code, is

repealed.

SECTION 3.04. Section 503.452(a), Occupations Code, as

amended by this Act, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this section, an

offense was committed before the effective date of this Act if any

element of the offense occurred before that date.

ARTICLE 4. EFFECTIVE DATE

SECTION 4.01. (a) Except as provided by Subsection (b) of

this section, this Act takes effect September 1, 2025.

(b) Section 508.151 and Subchapters G and H, Chapter 508,

Occupations Code, as added by this Act, take effect September 1,

2026.