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.