SB895: Bill Text

March 19, 2020 - Introduced by Senator Tiffany, cosponsored by Representatives Magnafici, Brostoff, Emerson, Felzkowski, Gundrum and Swearingen. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB895,1,9 An Act to amend 15.405 (7c) (a) 4., 15.405 (7c) (b), 15.405 (7c) (c), 15.405 (7c) (f), 146.81 (1) (hg), 252.14 (1) (ar) 7., 440.03 (14) (am), 450.10 (3) (a) 10., 457.02 (6) (c), 457.03 (1), 457.03 (1m), 457.03 (2), 457.035 (1), 457.04 (8) (intro.), 457.06 (intro.), 457.14 (1) (intro.), 457.24 (1), 457.24 (2), 457.25 (1), 457.25 (2), 457.26 (2) (b), 457.26 (2) (e) and 457.26 (2) (g); and to create 15.405 (7c) (a) 3m., 48.981 (2) (a) 12m., 440.03 (13) (b) 56m., 440.08 (2) (a) 63j., 457.01 (5e), 457.01 (5m), 457.01 (5s), 457.04 (6m), 457.133, 457.136, 457.14 (1) (g), 457.15 (4) and 457.22 (1) (d) of the statutes; relating to: licensing professional art therapists and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill establishes a licensure program for professional art therapists administered by the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board. The bill defines “professional art therapy” and provides that, subject to certain exceptions, a person may practice professional art therapy only if the person holds a professional art therapist license. The examining board may grant a professional art therapist license to an applicant who, among other things, receives a master's or doctorate degree in professional art therapy, completes courses related to diagnosis, prevention, treatment, or resolution of mental, emotional, behavioral, and addiction disorders, engages in a certain amount of hours of supervised practice of professional art therapy, and passes an approved examination. The bill authorizes the examining board to promulgate rules that require professional art therapists to complete continuing education requirements every two years to renew their licenses.

The bill adds two licensed professional art therapists and one public member to the examining board. Under the bill, the examining board investigates, holds hearings, and makes findings pertaining to violations of the bill. The examining board may reprimand a professional art therapist or deny, limit, suspend, or revoke a professional art therapist license if it finds that license holder has violated the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB895,1 Section 1. 15.405 (7c) (a) 3m. of the statutes is created to read:

SB895,2,3 15.405 (7c) (a) 3m. Two professional art therapist members who are licensed under ch. 457.

SB895,2 Section 2. 15.405 (7c) (a) 4. of the statutes is amended to read:

SB895,2,7 15.405 (7c) (a) 4. Three Four public members who represent groups that promote the interests of consumers of services provided by persons who are certified or licensed under ch. 457.

SB895,3 Section 3. 15.405 (7c) (b) of the statutes is amended to read:

SB895,3,4 15.405 (7c) (b) In operation, the examining board shall be divided into a social worker section, a marriage and family therapist section and, a professional counselor section, and a professional art therapist section. The social worker section shall consist of the 4 social worker members of the examining board and one of the public members of the examining board. The marriage and family therapist section shall consist of the 3 marriage and family therapist members of the examining board and one of the public members of the examining board. The professional counselor section shall consist of the 3 professional counselor members of the examining board and one of the public members of the examining board. The professional art therapist section shall consist of the 2 professional art therapist members of the examining board and one of the public members of the examining board.

SB895,4 Section 4. 15.405 (7c) (c) of the statutes is amended to read:

SB895,3,10 15.405 (7c) (c) All matters pertaining to granting, denying, limiting, suspending, or revoking a certificate or license under ch. 457, and all other matters of interest to either the social worker, marriage and family therapist, or professional counselor, or professional art therapist section shall be acted upon solely by the interested section of the examining board.

SB895,5 Section 5. 15.405 (7c) (f) of the statutes is amended to read:

SB895,3,15 15.405 (7c) (f) At a joint meeting of the social worker section and one or both more of the other sections of the examining board, each member who is present has one vote, except that the social worker members each have three-fourths of a vote if all 4 of those members are present.

SB895,6 Section 6. 48.981 (2) (a) 12m. of the statutes is created to read:

SB895,3,17 48.981 (2) (a) 12m. A professional art therapist.

SB895,7 Section 7. 146.81 (1) (hg) of the statutes is amended to read:

SB895,3,20 146.81 (1) (hg) A social worker, marriage and family therapist, or professional counselor, or professional art therapist certified or licensed under ch. 457.

SB895,8 Section 8. 252.14 (1) (ar) 7. of the statutes is amended to read:

SB895,3,24 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or professional counselor, or professional art therapist certified or licensed under ch. 457.

SB895,9 Section 9. 440.03 (13) (b) 56m. of the statutes is created to read:

SB895,4,1 440.03 (13) (b) 56m. Professional art therapist.

SB895,10 Section 10 . 440.03 (14) (am) of the statutes is amended to read:

SB895,4,13 440.03 (14) (am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor, or professional art therapist license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.

SB895,11 Section 11. 440.08 (2) (a) 63j. of the statutes is created to read:

SB895,4,16 440.08 (2) (a) 63j. Professional art therapist: March 1 of each odd-numbered year.

SB895,12 Section 12. 450.10 (3) (a) 10. of the statutes is amended to read:

SB895,4,20 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor, or professional art therapist certified or licensed under ch. 457.

SB895,13 Section 13. 457.01 (5e) of the statutes is created to read:

SB895,4,24 457.01 (5e) “Professional art therapist” means an individual who holds a license to practice professional art therapy granted by the professional art therapist section.

SB895,14 Section 14. 457.01 (5m) of the statutes is created to read:

SB895,5,2 457.01 (5m) “Professional art therapist section” means the professional art therapist section of the examining board.

SB895,15 Section 15. 457.01 (5s) of the statutes is created to read:

SB895,5,14 457.01 (5s) “Professional art therapy” means integrative application of psychotherapeutic principles and methods with specialized training in art media, the neurobiological implications of art-making, and art-based assessment models in the diagnosis, prevention, and treatment of cognitive, developmental, behavioral, and emotional conditions and disorders in individuals, families, and groups, including the use of therapeutic art interventions to facilitate alternative modes of receptive and expressive communication and implementation of art-based treatment plans to help clients improve cognitive and sensory-motor functions, increase self-awareness and self-esteem, cope with traumatic experience and grief, reduce symptoms of depression, anxiety, and attachment disorders, resolve conflicts, anger, and distress, and improve educational performance and social functioning.

SB895,16 Section 16. 457.02 (6) (c) of the statutes is amended to read:

SB895,5,20 457.02 (6) (c) Provide a consultation or demonstration with an individual licensed under this chapter if the person providing the consultation or demonstration is licensed to practice marriage and family therapy, professional counseling, or clinical social work, or professional art therapy in another state or territory of the United States.

SB895,17 Section 17. 457.03 (1) of the statutes is amended to read:

SB895,6,4 457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section , and professional art therapist section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor, or professional art therapist under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.

SB895,18 Section 18. 457.03 (1m) of the statutes is amended to read:

SB895,6,9 457.03 (1m) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section , and professional art therapist section, and consistent with s. 457.16, promulgate rules establishing examination requirements for certification and licensure under this chapter.

SB895,19 Section 19. 457.03 (2) of the statutes is amended to read:

SB895,6,18 457.03 (2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section , and professional art therapist section, promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and licensees. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this chapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.

SB895,20 Section 20. 457.035 (1) of the statutes is amended to read:

SB895,6,22 457.035 (1) The individual is licensed under this chapter as a clinical social worker, marriage and family therapist, or professional counselor, or professional art therapist.

SB895,21 Section 21. 457.04 (6m) of the statutes is created to read:

SB895,7,3 457.04 (6m) Practice professional art therapy or designate himself or herself as a professional art therapist or use or assume the title “professional art therapist” or any other title or designation that represents or may tend to represent the person as a professional art therapist unless the person is licensed as a professional art therapist under this chapter.

SB895,22 Section 22. 457.04 (8) (intro.) of the statutes is amended to read:

SB895,7,9 457.04 (8) (intro.) Practice clinical social work, marriage and family therapy, or professional counseling, or professional art therapy without notifying his or her client in writing of the procedure to follow to resolve a grievance. The notice required under this subsection shall provide one of the following options for resolving a grievance to the client:

SB895,23 Section 23. 457.06 (intro.) of the statutes is amended to read:

SB895,7,14 457.06 General requirements for certification or licensure. (intro.) The social worker section, marriage and family therapist section, or professional counselor section, or professional art therapist section may not grant any certificate or license under this chapter unless the applicant does all of the following:

SB895,24 Section 24. 457.133 of the statutes is created to read:

SB895,7,18 457.133 Professional art therapist license. The professional art therapist section shall grant a professional art therapist license to any individual who does all of the following:

SB895,7,19 (1) Satisfies the requirements in s. 457.06.

SB895,7,22 (2) Submits evidence satisfactory to the professional art therapist section that he or she has received a master's or doctorate degree in professional art therapy or its equivalent from a program approved by the professional art therapist section.

SB895,8,3 (3) Submits evidence satisfactory to the professional art therapist section that he or she has completed not less than 9 semester credit hours, or the equivalent, of graduate level courses specifically related to diagnosis, prevention, treatment, or resolution of mental, emotional, behavioral, and addiction disorders either as part of an approved program for a master's or doctorate degree in professional art therapy or its equivalent or after completing the program.

SB895,8,5 (4) Submits evidence satisfactory to the professional art therapist section that he or she has done any of the following:

SB895,8,9 (a) After receiving a master's degree in professional art therapy or its equivalent, engaged in the equivalent of at least 1,500 hours of professional art therapy practice, including at least 1,000 hours of face-to-face client contact, supervised by one of the following:

SB895,8,13 1. An individual licensed as a professional art therapist who has received a doctorate degree in professional art therapy or its equivalent or who holds a certification as an art therapy certified supervisor from the Art Therapy Credentials Board or its successor organization.

SB895,8,17 2. An individual who holds a certification as a board certified art therapist from the Art Therapy Credentials Board or its successor organization and who has engaged in the equivalent of 5 years of full-time clinical professional art therapy practice.

SB895,8,19 3. An individual licensed as a professional counselor who has engaged in the equivalent of 5 years of full-time professional counseling practice.

SB895,8,20 4. A psychiatrist or a psychologist licensed under ch. 455.

SB895,8,24 5. An individual, other than an individual specified in subd. 1., 2., 3., or 4., who is approved by the professional art therapist section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional art therapist section.

SB895,9,4 (b) Received a doctorate degree in professional art therapy or its equivalent, and, either during or after the doctorate degree program or its equivalent, engaged in the equivalent of at least 1,000 hours of full-time professional counseling practice in a primary clinical setting supervised by one of the following:

SB895,9,8 1. An individual licensed as a professional art therapist who has received a doctorate degree in professional art therapy or its equivalent or who holds a certification as an art therapy certified supervisor from the Art Therapy Credentials Board or its successor organization.

SB895,9,12 2. An individual who holds a certification as a board certified art therapist from the Art Therapy Credentials Board or its successor organization and who has engaged in the equivalent of 5 years of full-time clinical professional art therapy practice.

SB895,9,14 3. An individual licensed as a professional counselor who has engaged in the equivalent of 5 years of full-time professional counseling practice.

SB895,9,15 4. A psychiatrist or a psychologist licensed under ch. 455.

SB895,9,19 5. An individual, other than an individual specified in subd. 1., 2., 3., or 4., who is approved by the professional art therapist section or satisfies requirements for supervision that are specified in rules promulgated by the examining board upon the advice of the professional art therapist section.

SB895,9,21 (5) Passes one or more examinations approved by the professional art therapist section to determine minimum competence to practice as a professional art therapist.

SB895,25 Section 25. 457.136 of the statutes is created to read:

SB895,9,25 457.136 Professional art therapist training license. (1) The professional art therapist section shall grant a professional art therapist training license to any individual who does all of the following:

SB895,10,2 (a) Submits an application for the license to the department on a form provided by the department.

SB895,10,3 (b) Pays the fee specified in s. 440.05 (6).

SB895,10,4 (c) Satisfies the requirements in s. 457.133 (2).

SB895,10,10 (d) Submits evidence satisfactory to the professional art therapist section that he or she is in a position, or has an offer for a position, as a professional art therapist in a supervised professional art therapy practice or is in a position, or has an offer for a position, in which the applicant will, in the opinion of the professional art therapist section, receive training and supervision equivalent to the training and supervision received in a supervised professional art therapy practice.

SB895,10,16 (2) A professional art therapist training license is valid for 48 months and may be renewed at the discretion of the professional art therapist section. Notwithstanding s. 457.04 (6m), a professional art therapist training license authorizes the holder to use any title specified in s. 457.04 (6m) and to practice professional art therapy within the scope of his or her training and supervision during the period in which the license is valid.

SB895,26 Section 26. 457.14 (1) (intro.) of the statutes is amended to read:

SB895,10,23 457.14 (1) (intro.) Upon application and payment of the fee specified in s. 440.05 (6), the appropriate section of the examining board may grant a temporary social worker, advanced practice social worker, independent social worker, clinical social worker, marriage and family therapist, or professional counselor, or professional art therapist certificate or license to any individual who does one of the following:

SB895,27 Section 27. 457.14 (1) (g) of the statutes is created to read:

SB895,11,3 457.14 (1) (g) Satisfies the requirements under s. 457.133 (1) to (4) and has submitted an application to take the next available examination for licensure under s. 457.133 (5).

SB895,28 Section 28. 457.15 (4) of the statutes is created to read:

SB895,11,12 457.15 (4) Upon application and payment of the fee specified in s. 440.05 (2), the professional art therapist section may grant a professional art therapist license to any individual who holds a similar certificate or license in another state or territory of the United States and who passes an examination approved by the professional art therapist section that tests knowledge of state law relating to practice of professional art therapy, if the professional art therapist section determines that the requirements for obtaining the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 457.133.

SB895,29 Section 29. 457.22 (1) (d) of the statutes is created to read: