SB895: Bill Text

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:

SB895,11,17 457.22 (1) (d) Upon the advice of the professional art therapist section, promulgate rules establishing requirements and procedures for professional art therapists to complete continuing education programs or courses of study in order to qualify for renewal.

SB895,30 Section 30. 457.24 (1) of the statutes is amended to read:

SB895,11,25 457.24 (1) Except as provided in sub. (2), a person licensed as a clinical social worker, marriage and family therapist, or professional counselor, or professional art therapist under this chapter may not practice clinical social work, marriage and family therapy, or professional counseling, or professional art therapy unless he or she has in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this subsection.

SB895,31 Section 31. 457.24 (2) of the statutes is amended to read:

SB895,12,6 457.24 (2) Subsection (1) does not apply to a person practicing clinical social work, marriage and family therapy, or professional counseling, or professional art therapy as an employee of a federal, state, or local governmental agency, if the practice is part of the duties for which he or she is employed and is solely within the confines of or under the jurisdiction of the agency by which he or she is employed.

SB895,32 Section 32. 457.25 (1) of the statutes is amended to read:

SB895,12,19 457.25 (1) Any public or private mental health or health care agency, institution or facility, or any other person or entity that employs or contracts for services with a credential holder, that terminates, suspends, or restricts the employment or contract of the credential holder as a result of adverse or disciplinary action against the credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, or professional art therapy shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the credential holder terminates his or her employment before the action is taken, within 30 days after the date on which the credential holder terminates his or her employment.

SB895,33 Section 33. 457.25 (2) of the statutes is amended to read:

SB895,13,7 457.25 (2) Any state or local professional society or organization of social workers, marriage and family therapists, or professional counselors, or professional art therapists that terminates, revokes, or suspends the membership of a credential holder, or takes any other adverse or disciplinary action against a credential holder relating to his or her practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, or professional art therapy, shall submit a written report of the action to the appropriate section of the examining board within 30 days after the date on which the action is taken or, if grounds for such an action exist and the credential holder terminates his or her membership before the action is taken, within 30 days after the date on which the credential holder terminates his or her membership.

SB895,34 Section 34. 457.26 (2) (b) of the statutes is amended to read:

SB895,13,12 457.26 (2) (b) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, or professional art therapy.

SB895,35 Section 35. 457.26 (2) (e) of the statutes is amended to read:

SB895,13,17 457.26 (2) (e) Subject to ss. 111.321, 111.322, and 111.34, practiced social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, or professional art therapy while his or her ability to practice was impaired by alcohol or other drugs.

SB895,36 Section 36. 457.26 (2) (g) of the statutes is amended to read:

SB895,13,24 457.26 (2) (g) Performed social work, advanced practice social work, or independent social work services in violation of the rules promulgated under s. 457.03 (2) or otherwise engaged in conduct while practicing social work, advanced practice social work, independent social work, clinical social work, marriage and family therapy, or professional counseling, or professional art therapy which evidences a lack of knowledge or ability to apply professional principles or skills.

SB895,37 Section 37. Nonstatutory provisions.

SB895,14,2 (1) Definition. In this section, “examining board” means the marriage and family therapy, professional counseling, and social work examining board.

SB895,14,8 (2) Examining board; credentials of initial members. Notwithstanding s. 15.405 (7c) (a) 3m., an individual appointed as an initial professional art therapist member of the examining board under s. 15.405 (7c) (a) 3m. need not be licensed under s. 457.133 but may not be appointed unless the individual holds a certificate of registration as an art therapist under s. 440.03 (14) (a) 2. and has had at least 1,000 hours of client contact during the previous 3 years.

SB895,14,9 (3) Transitional licensure.

SB895,14,14 (a) Professional art therapist section. Notwithstanding s. 457.133, the professional art therapist section of the examining board may grant a professional art therapist license under s. 457.133 to any person who does all of the following no later than the first day of the 13th month beginning after the effective date of this paragraph:

SB895,14,15 1. Satisfies the requirements in s. 457.06.

SB895,14,20 2. Submits evidence satisfactory to the professional art therapist section of the examining board that the person previously held a certificate as an art therapist under s. 440.03 (14) (a) 2. and 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 American Art Therapy Association or its successor organization.

SB895,14,22 3. Holds a certification in good standing as a board certified art therapist from the Art Therapy Credentials Board or its successor organization.

SB895,14,25 4. Submits evidence satisfactory to the professional art therapist section of the examining board that he or she has engaged in the equivalent of 5 years of full-time professional art therapy practice.

SB895,15,3 (b) Department of safety and professional services. The department of safety and professional services shall issue a certificate of licensure to each person granted a license under par. (a).

SB895,38 Section 38. Effective date.

SB895,15,6 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB895,15,7 (End)