Bill Text: IA SSB3108 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study 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: Unknown
Status: (Introduced - Dead) 2016-02-09 - 12:00PM; Senate Lounge Human Resources. [SSB3108 Detail]
Download: Iowa-2015-SSB3108-Introduced.html
Senate
Study
Bill
3108
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MATHIS)
A
BILL
FOR
An
Act
providing
for
the
licensure
of
clinical
art
therapists,
1
making
penalties
applicable,
providing
for
fees,
and
2
including
effective
date
and
implementation
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5481XC
(3)
86
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S.F.
_____
Section
1.
Section
135.24,
subsection
7,
paragraph
d,
Code
1
2016,
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
2016,
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
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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
2016,
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,
pharmacy,
28
cosmetology
arts
and
sciences,
barbering,
social
work,
29
dietetics,
marital
and
family
therapy
,
clinical
art
therapy,
or
30
mental
health
counseling,
massage
therapy,
mortuary
science,
31
athletic
training,
acupuncture,
nursing
home
administration,
32
or
sign
language
interpreting
or
transliterating,
or
shall
not
33
practice
as
a
physician
assistant
or
a
hearing
aid
specialist,
34
unless
the
person
has
obtained
a
license
for
that
purpose
from
35
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the
board
for
the
profession.
1
Sec.
4.
Section
147.13,
subsection
16,
Code
2016,
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
2016,
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
2016,
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
2016,
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
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_____
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
2016,
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.3,
subsection
1,
paragraph
e,
Code
28
2016,
is
amended
to
read
as
follows:
29
e.
Educational
activities
which
fulfill
continuing
education
30
requirements
for
license
renewals.
Continuing
education
31
requirements
relating
to
licensed
clinical
art
therapists
shall
32
be
consistent
with
requirements
to
maintain
certification
as
33
a
board-certified
art
therapist
in
good
standing
with
the
art
34
therapy
credentials
board.
35
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Sec.
10.
Section
154D.4,
Code
2016,
is
amended
to
read
as
1
follows:
2
154D.4
Exemptions.
3
1.
This
chapter
and
chapter
147
do
not
prevent
qualified
4
members
of
other
professions,
including
but
not
limited
to
5
nurses,
psychologists,
social
workers,
physicians,
physician
6
assistants,
attorneys
at
law,
or
members
of
the
clergy,
7
from
providing
or
advertising
that
they
provide
services
8
of
a
marital
and
family
therapy
,
clinical
art
therapy,
or
9
mental
health
counseling
nature
consistent
with
the
accepted
10
standards
of
their
respective
professions,
but
these
persons
11
shall
not
use
a
title
or
description
denoting
that
they
are
12
licensed
marital
and
family
therapists
,
licensed
clinical
art
13
therapists,
or
licensed
mental
health
counselors.
14
2.
The
licensure
requirements
of
this
chapter
and
chapter
15
147
do
not
apply
to
the
following:
16
a.
Students
whose
activities
are
conducted
within
a
course
17
of
professional
education
in
marital
and
family
therapy
,
18
clinical
art
therapy,
or
mental
health
counseling.
19
b.
A
person
who
practices
marital
and
family
therapy
,
20
clinical
art
therapy,
or
mental
health
counseling
under
the
21
supervision
of
a
person
licensed
under
this
chapter
as
part
22
of
a
clinical
experience
as
described
in
section
154D.2,
23
subsection
2
,
or
section
154D.8,
subsection
1,
paragraph
“b”
.
24
c.
The
provision
of
children,
family,
or
mental
health
25
services
through
the
department
of
human
services
or
juvenile
26
court,
or
agencies
contracting
with
the
department
of
human
27
services
or
juvenile
court,
by
persons
who
do
not
represent
28
themselves
to
be
either
a
marital
and
family
therapist
,
a
29
clinical
art
therapist,
or
a
mental
health
counselor.
30
Sec.
11.
Section
154D.5,
Code
2016,
is
amended
to
read
as
31
follows:
32
154D.5
Sexual
conduct
with
client.
33
The
license
of
a
marital
and
family
therapist
,
a
clinical
art
34
therapist,
or
a
mental
health
counselor
shall
be
revoked
if
the
35
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board
finds
that
the
licensee
engaged
in
sexual
activity
with
a
1
client
as
determined
by
board
rule.
The
revocation
shall
be
in
2
addition
to
any
other
penalties
provided
by
law.
3
Sec.
12.
Section
154D.7,
Code
2016,
is
amended
to
read
as
4
follows:
5
154D.7
Temporary
license
——
marital
and
family
therapy
——
6
mental
health
counseling
——
fees.
7
Any
person
who
has
fulfilled
all
of
the
requirements
for
8
licensure
under
this
chapter
,
except
for
having
completed
9
the
postgraduate
supervised
clinical
experience
requirement
10
as
determined
by
the
board
by
rule,
may
apply
to
the
board
11
for
a
temporary
license.
The
license
shall
be
designated
12
“temporary
license
in
marital
and
family
therapy”
,
“temporary
13
license
in
clinical
art
therapy”,
or
“temporary
license
in
14
mental
health
counseling”
and
shall
authorize
the
licensee
to
15
practice
marital
and
family
therapy
,
clinical
art
therapy,
or
16
mental
health
counseling
under
the
supervision
of
a
qualified
17
supervisor
as
determined
by
the
board
by
rule.
The
license
18
shall
be
valid
for
three
years
and
may
be
renewed
at
the
19
discretion
of
the
board.
The
fee
for
a
temporary
license
20
shall
be
set
by
the
board
to
cover
the
administrative
costs
of
21
issuing
the
license,
and
if
renewed,
a
renewal
fee
as
set
by
22
the
board
shall
be
required.
23
Sec.
13.
NEW
SECTION
.
154D.8
Licensure
——
clinical
art
24
therapy.
25
1.
An
applicant
for
a
license
to
practice
clinical
art
26
therapy
shall
be
granted
a
license
by
the
board
when
the
27
applicant
satisfies
all
of
the
following
requirements:
28
a.
Possesses
a
master’s
or
doctoral
degree
from
a
nationally
29
accredited
institution
consisting
of
at
least
sixty
semester
30
hours,
or
its
equivalent,
in
an
art
therapy
program
approved
31
by
the
American
art
therapy
association
or
its
successor,
or
a
32
substantially
equivalent
program
as
approved
by
the
board.
33
b.
Has
at
least
two
years
of
supervised
experience
or
its
34
equivalent
as
approved
by
the
board
that
includes
experience
35
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in
a
clinical
setting
that
provides
opportunities
to
diagnose,
1
treat,
appraise,
and
assess
mental,
emotional,
behavioral,
and
2
addiction
disorders
in
both
individual
and
group
settings,
as
3
determined
by
the
board
by
rule.
Standards
for
supervision,
4
including
the
requirement
that
supervision
be
provided
by
5
an
art
therapy
certified
supervisor
credentialed
by
the
art
6
therapy
credentials
board
or
other
qualified
licensed
mental
7
health
professional
approved
by
the
board,
shall
be
determined
8
by
the
board
by
rule.
9
c.
Passes
the
national
board
examination
of
the
art
therapy
10
credentials
board
or
its
successor.
11
2.
The
board
may
make
a
determination
that
a
program
is
12
substantially
equivalent
to
a
master’s
degree
program
in
art
13
therapy
approved
by
the
American
art
therapy
association
or
its
14
successor
if
the
program
includes
an
art
therapy
internship
15
of
not
less
than
six
hundred
hours
that
is
performed
under
16
supervision
and
is
part
of
an
approved
course
of
study
and
17
graduate-level
courses
and
training
in
the
following
areas:
18
a.
The
art
therapy
profession.
19
b.
Theory
and
practice
of
art
therapy.
20
c.
Human
growth
and
developmental
dynamics
in
art.
21
d.
Application
of
art
therapy
with
people
in
different
22
treatment
settings.
23
e.
Art
therapy
appraisal,
diagnosis,
and
assessment.
24
f.
Ethical
and
legal
issues
of
art
therapy
practice.
25
g.
Matters
of
cultural
and
social
diversity
bearing
on
the
26
practice
of
art
therapy.
27
h.
Standards
of
good
art
therapy
practice.
28
i.
Group
art
therapy.
29
Sec.
14.
TRANSITION
PROVISIONS.
30
1.
Notwithstanding
sections
147.14,
as
amended
in
this
31
Act,
and
147.16,
the
governor
may
appoint,
as
the
initial
32
member
licensed
to
practice
clinical
art
therapy
to
the
board
33
of
behavioral
science
pursuant
to
section
147.14,
subsection
34
1,
paragraph
“m”,
as
amended
in
this
Act,
an
individual
who
35
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is
credentialed
as
a
board-certified
art
therapist
by
the
1
art
therapy
credentials
board
with
experience
and
expertise
2
substantially
equivalent
to
the
requirements
for
licensure
as
a
3
clinical
art
therapist
under
section
154D.8,
as
enacted
in
this
4
Act.
5
2.
Notwithstanding
section
154D.8,
subsection
1,
as
6
enacted
in
this
Act,
during
the
period
of
one
year
from
the
7
effective
date
of
rules
implementing
this
Act,
the
board
8
may
grant
a
license
to
practice
clinical
art
therapy
for
an
9
applicant
who
provides
documentation
satisfactory
to
the
board
10
that
the
applicant
holds
a
credential
in
good
standing
as
a
11
board-certified
art
therapist
with
the
art
therapy
credentials
12
board
and
has
been
engaged
in
the
practice
of
clinical
art
13
therapy
for
not
less
than
five
years
at
the
time
of
the
14
effective
date
of
rules
adopted
by
the
board
to
implement
this
15
Act,
which
shall
include
experience
in
a
clinical
setting
16
that
provides
substantial
opportunities
to
diagnose,
treat,
17
appraise,
and
assess
mental,
emotional,
behavioral,
and
18
addiction
disorders
in
both
individual
and
group
settings,
as
19
determined
by
the
board
by
rule.
20
Sec.
15.
EFFECTIVE
DATE
AND
IMPLEMENTATION.
This
Act
21
shall
take
effect
January
1,
2017,
except
that
the
board
of
22
behavioral
science
may
begin
implementation
prior
to
that
date,
23
to
the
extent
necessary
to
fully
implement
the
provisions
24
providing
for
the
licensure
of
clinical
art
therapists
by
25
January
1,
2017.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
provides
for
the
licensure
of
clinical
art
30
therapists.
Under
the
bill,
the
board
of
behavioral
science
31
shall
administer
the
licensure
of
clinical
art
therapists
and
32
shall
adopt
rules
relating
to
the
practice
of
clinical
art
33
therapy.
The
bill
modifies
the
membership
of
the
board
of
34
behavioral
science
to
add
one
clinical
art
therapist
and
remove
35
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one
public
member.
The
bill
provides
that
persons
not
licensed
1
under
the
bill
but
referring
to
themselves
as
clinical
art
2
therapists
or
using
other
similar
terms
or
abbreviations
shall
3
be
guilty
of
a
simple
misdemeanor.
A
simple
misdemeanor
is
4
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
5
at
least
$65
but
not
more
than
$625
or
by
both.
6
The
bill
defines
several
terms
including
“art
therapy”
7
and
“clinical
art
therapy”.
The
bill
provides
for
temporary
8
licensure
of
clinical
art
therapists
and
sets
forth
standards
9
for
continuing
education
requirements
for
licensed
clinical
10
art
therapists.
The
bill
requires
that
to
acquire
a
license
11
to
practice
art
therapy,
an
applicant
must
have
a
master’s
or
12
doctoral
degree
in
art
therapy
from
a
program
approved
by
the
13
American
art
therapy
association
or
another
program
approved
14
by
the
board
of
behavioral
science,
pass
a
national
board
15
examination,
and
complete
at
least
two
years
of
supervised
16
experience.
17
The
bill
includes
licensed
certified
art
therapists
as
18
“health
care
providers”
eligible
to
provide
services
through
19
the
volunteer
health
care
provider
program
created
in
Code
20
section
135.24.
The
bill
provides
that
the
board
of
behavioral
21
science
may
waive
the
licensing
requirements
established
by
22
the
bill
for
persons
with
certain
qualifications
in
the
first
23
year
after
rules
implementing
the
licensure
of
clinical
art
24
therapists
are
adopted.
The
bill
includes
an
effective
date
of
25
January
1,
2017,
except
that
the
board
of
behavioral
science
26
may
begin
implementation
prior
to
that
date,
to
the
extent
27
necessary
to
fully
implement
the
provisions
providing
for
the
28
licensure
of
clinical
art
therapists
by
January
1,
2017.
29
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