Bill Text: IA HF467 | 2021-2022 | 89th General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2021-02-10 - Introduced, referred to State Government. H.J. 337. [HF467 Detail]

Download: Iowa-2021-HF467-Introduced.html

---

House File 467 - Introduced
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:
TLSB 2187YH (3) 89
ss/rh

H.F. 467
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
-1-
LSB 2187YH (3) 89
ss/rh 1/ 11

H.F. 467
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,
-2-
LSB 2187YH (3) 89
ss/rh 2/ 11

H.F. 467
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
-3-
LSB 2187YH (3) 89
ss/rh 3/ 11

H.F. 467
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 .
-4-
LSB 2187YH (3) 89
ss/rh 4/ 11

H.F. 467
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
-5-
LSB 2187YH (3) 89
ss/rh 5/ 11

H.F. 467
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
-6-
LSB 2187YH (3) 89
ss/rh 6/ 11

H.F. 467
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
-7-
LSB 2187YH (3) 89
ss/rh 7/ 11

H.F. 467
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
-8-
LSB 2187YH (3) 89
ss/rh 8/ 11

H.F. 467
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
-9-
LSB 2187YH (3) 89
ss/rh 9/ 11

H.F. 467
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
-10-
LSB 2187YH (3) 89
ss/rh 10/ 11

H.F. 467
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.
-11-
LSB 2187YH (3) 89
ss/rh 11/ 11