Bill Text: IA SF2210 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for the licensure of art therapists by the behavioral science board, making penalties applicable, providing for fees, and including applicability provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-18 - Subcommittee, Wilhelm, Hatch, and Whitver. S.J. 285. [SF2210 Detail]
Download: Iowa-2013-SF2210-Introduced.html
Senate
File
2210
-
Introduced
SENATE
FILE
2210
BY
BOLKCOM
A
BILL
FOR
An
Act
providing
for
the
licensure
of
art
therapists
by
the
1
behavioral
science
board,
making
penalties
applicable,
2
providing
for
fees,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
147.1,
subsections
3
and
6,
Code
2014,
1
are
amended
to
read
as
follows:
2
3.
“Licensed”
or
“certified”
,
when
applied
to
a
physician
3
and
surgeon,
podiatric
physician,
osteopathic
physician
and
4
surgeon,
physician
assistant,
psychologist,
chiropractor,
5
nurse,
dentist,
dental
hygienist,
dental
assistant,
6
optometrist,
speech
pathologist,
audiologist,
pharmacist,
7
physical
therapist,
physical
therapist
assistant,
occupational
8
therapist,
occupational
therapy
assistant,
orthotist,
9
prosthetist,
pedorthist,
respiratory
care
practitioner,
10
practitioner
of
cosmetology
arts
and
sciences,
practitioner
11
of
barbering,
funeral
director,
dietitian,
marital
and
family
12
therapist,
mental
health
counselor,
art
therapist,
social
13
worker,
massage
therapist,
athletic
trainer,
acupuncturist,
14
nursing
home
administrator,
hearing
aid
dispenser,
or
sign
15
language
interpreter
or
transliterator
means
a
person
licensed
16
under
this
subtitle
.
17
6.
“Profession”
means
medicine
and
surgery,
podiatry,
18
osteopathic
medicine
and
surgery,
practice
as
a
physician
19
assistant,
psychology,
chiropractic,
nursing,
dentistry,
20
dental
hygiene,
dental
assisting,
optometry,
speech
pathology,
21
audiology,
pharmacy,
physical
therapy,
physical
therapist
22
assisting,
occupational
therapy,
occupational
therapy
23
assisting,
respiratory
care,
cosmetology
arts
and
sciences,
24
barbering,
mortuary
science,
marital
and
family
therapy,
25
mental
health
counseling,
art
therapy,
social
work,
dietetics,
26
massage
therapy,
athletic
training,
acupuncture,
nursing
27
home
administration,
hearing
aid
dispensing,
sign
language
28
interpreting
or
transliterating,
orthotics,
prosthetics,
or
29
pedorthics.
30
Sec.
2.
Section
147.2,
subsection
1,
Code
2014,
is
amended
31
to
read
as
follows:
32
1.
A
person
shall
not
engage
in
the
practice
of
medicine
33
and
surgery,
podiatry,
osteopathic
medicine
and
surgery,
34
psychology,
chiropractic,
physical
therapy,
physical
35
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therapist
assisting,
nursing,
dentistry,
dental
hygiene,
1
dental
assisting,
optometry,
speech
pathology,
audiology,
2
occupational
therapy,
occupational
therapy
assisting,
3
orthotics,
prosthetics,
pedorthics,
respiratory
care,
4
pharmacy,
cosmetology
arts
and
sciences,
barbering,
social
5
work,
dietetics,
marital
and
family
therapy
or
mental
health
6
counseling,
art
therapy,
massage
therapy,
mortuary
science,
7
athletic
training,
acupuncture,
nursing
home
administration,
8
hearing
aid
dispensing,
or
sign
language
interpreting
9
or
transliterating,
or
shall
not
practice
as
a
physician
10
assistant,
unless
the
person
has
obtained
a
license
for
that
11
purpose
from
the
board
for
the
profession.
12
Sec.
3.
Section
147.13,
subsection
16,
Code
2014,
is
amended
13
to
read
as
follows:
14
16.
For
marital
and
family
therapy
,
art
therapy,
and
mental
15
health
counseling,
the
board
of
behavioral
science.
16
Sec.
4.
Section
147.14,
subsection
1,
paragraph
m,
Code
17
2014,
is
amended
to
read
as
follows:
18
m.
For
behavioral
science,
three
members
licensed
to
19
practice
marital
and
family
therapy,
all
of
whom
shall
be
20
practicing
marital
and
family
therapists;
three
members
21
licensed
to
practice
mental
health
counseling,
one
of
whom
22
shall
be
employed
in
graduate
teaching,
training,
or
research
23
in
mental
health
counseling
and
two
of
whom
shall
be
practicing
24
mental
health
counselors;
three
members
licensed
to
practice
25
art
therapy;
and
three
two
members
who
are
not
licensed
to
26
practice
marital
and
family
therapy
,
art
therapy,
or
mental
27
health
counseling
and
who
shall
represent
the
general
public.
28
Sec.
5.
Section
147.74,
Code
2014,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
13A.
An
art
therapist
licensed
under
31
chapter
154D
and
this
chapter
may
use
the
words
“licensed
art
32
therapist”
after
the
person’s
name
or
signify
the
same
by
the
33
use
of
the
letters
“L.A.T.”
after
the
person’s
name.
An
art
34
therapist
licensed
under
chapter
154D
and
this
chapter
who
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possesses
a
doctoral
degree
may
use
the
prefix
“Doctor”
or
1
“Dr.”
in
conjunction
with
the
person’s
name,
but
shall
add
2
after
the
person’s
name
the
words
“licensed
art
therapist”.
3
Sec.
6.
Section
154D.1,
Code
2014,
is
amended
by
adding
the
4
following
new
subsections:
5
NEW
SUBSECTION
.
01.
“Art
therapy”
means
the
clinical
6
and
evidence-based
use
of
art
interventions
to
accomplish
7
individualized
goals
within
a
therapeutic
relationship
through
8
an
individualized
art
therapy
treatment
plan
for
the
client
9
that
identifies
the
goals,
objectives,
and
potential
strategies
10
of
the
art
therapy
services
appropriate
for
the
client
using
11
art
therapy
interventions.
12
NEW
SUBSECTION
.
1A.
“Licensed
art
therapist”
means
a
person
13
licensed
to
practice
art
therapy
under
chapter
147
and
this
14
chapter.
15
NEW
SUBSECTION
.
7A.
“Temporary
licensed
art
therapist”
16
means
a
person
licensed
to
practice
art
therapy
under
17
supervision
in
accordance
with
section
154D.7.
18
Sec.
7.
Section
154D.1,
subsections
4
and
7,
Code
2014,
are
19
amended
to
read
as
follows:
20
4.
“Licensee”
includes
a
licensed
marital
and
family
21
therapist
,
a
licensed
art
therapist,
and
a
licensed
mental
22
health
counselor.
23
7.
“Temporary
license”
means
a
license
to
practice
marital
24
and
family
therapy
,
art
therapy,
or
mental
health
counseling
25
under
direct
supervision
of
a
qualified
supervisor
as
26
determined
by
the
board
by
rule
to
fulfill
the
postgraduate
27
supervised
clinical
experience
requirement
in
accordance
with
28
this
chapter
.
29
Sec.
8.
Section
154D.2,
Code
2014,
is
amended
to
read
as
30
follows:
31
154D.2
Licensure
——
marital
and
family
therapy
——
art
therapy
32
——
mental
health
counseling.
33
An
applicant
for
a
license
to
practice
marital
and
family
34
therapy
,
art
therapy,
or
mental
health
counseling
shall
be
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granted
a
license
by
the
board
when
the
applicant
satisfies
all
1
of
the
following
requirements:
2
1.
Possesses
a
master’s
degree
in
marital
and
family
3
therapy
,
art
therapy
or
a
related
field,
or
mental
health
4
counseling,
as
applicable,
consisting
of
at
least
sixty
5
semester
hours,
or
its
equivalent,
from
a
nationally
accredited
6
institution
or
from
a
program
approved
by
the
board.
7
2.
Has
at
least
two
years
of
supervised
clinical
experience
8
or
its
equivalent
as
approved
by
the
board.
Standards
for
9
supervision,
including
the
required
qualifications
for
10
supervisors,
shall
be
determined
by
the
board
by
rule.
11
3.
Passes
an
examination
approved
by
the
board.
12
Sec.
9.
Section
154D.4,
Code
2014,
is
amended
to
read
as
13
follows:
14
154D.4
Exemptions.
15
1.
This
chapter
and
chapter
147
do
not
prevent
qualified
16
members
of
other
professions,
including
but
not
limited
to
17
nurses,
psychologists,
social
workers,
physicians,
physician
18
assistants,
attorneys
at
law,
or
members
of
the
clergy,
from
19
providing
or
advertising
that
they
provide
services
of
a
20
marital
and
family
therapy
,
art
therapy,
or
mental
health
21
counseling
nature
consistent
with
the
accepted
standards
of
22
their
respective
professions,
but
these
persons
shall
not
use
a
23
title
or
description
denoting
that
they
are
licensed
marital
24
and
family
therapists
,
licensed
art
therapists,
or
licensed
25
mental
health
counselors.
26
2.
The
licensure
requirements
of
this
chapter
and
chapter
27
147
do
not
apply
to
the
following:
28
a.
Students
whose
activities
are
conducted
within
a
course
29
of
professional
education
in
marital
and
family
therapy
,
art
30
therapy,
or
mental
health
counseling.
31
b.
A
person
who
practices
marital
and
family
therapy
,
art
32
therapy,
or
mental
health
counseling
under
the
supervision
of
33
a
person
licensed
under
this
chapter
as
part
of
a
clinical
34
experience
as
described
in
section
154D.2,
subsection
2
.
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c.
The
provision
of
children,
family,
or
mental
health
1
services
through
the
department
of
human
services
or
juvenile
2
court,
or
agencies
contracting
with
the
department
of
human
3
services
or
juvenile
court,
by
persons
who
do
not
represent
4
themselves
to
be
either
a
marital
and
family
therapist
,
an
art
5
therapist,
or
a
mental
health
counselor.
6
Sec.
10.
Section
154D.5,
Code
2014,
is
amended
to
read
as
7
follows:
8
154D.5
Sexual
conduct
with
client.
9
The
license
of
a
marital
and
family
therapist
,
an
art
10
therapist,
or
a
mental
health
counselor
shall
be
revoked
if
the
11
board
finds
that
the
licensee
engaged
in
sexual
activity
with
a
12
client
as
determined
by
board
rule.
The
revocation
shall
be
in
13
addition
to
any
other
penalties
provided
by
law.
14
Sec.
11.
Section
154D.7,
Code
2014,
is
amended
to
read
as
15
follows:
16
154D.7
Temporary
license
——
marital
and
family
therapy
——
art
17
therapy
——
mental
health
counseling
——
fees.
18
Any
person
who
has
fulfilled
all
of
the
requirements
for
19
licensure
under
this
chapter
,
except
for
having
completed
20
the
postgraduate
supervised
clinical
experience
requirement
21
as
determined
by
the
board
by
rule,
may
apply
to
the
board
22
for
a
temporary
license.
The
license
shall
be
designated
23
“temporary
license
in
marital
and
family
therapy”
,
“temporary
24
license
in
art
therapy”,
or
“temporary
license
in
mental
health
25
counseling”
and
shall
authorize
the
licensee
to
practice
26
marital
and
family
therapy
,
art
therapy,
or
mental
health
27
counseling
under
the
supervision
of
a
qualified
supervisor
as
28
determined
by
the
board
by
rule.
The
license
shall
be
valid
29
for
three
years
and
may
be
renewed
at
the
discretion
of
the
30
board.
The
fee
for
a
temporary
license
shall
be
set
by
the
31
board
to
cover
the
administrative
costs
of
issuing
the
license,
32
and
if
renewed,
a
renewal
fee
as
set
by
the
board
shall
be
33
required.
34
Sec.
12.
TRANSITION
PROVISIONS.
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1.
Notwithstanding
sections
147.14,
as
amended
in
this
Act,
1
and
147.16,
the
governor
may
appoint
to
the
board
of
behavioral
2
science
pursuant
to
section
147.14,
subsection
1,
paragraph
3
“m”,
as
amended
in
this
Act,
subject
to
confirmation
by
the
4
senate,
in
lieu
of
the
three
members
licensed
to
practice
5
art
therapy,
three
members
with
experience
and
expertise
6
substantially
equivalent
to
the
requirements
for
art
therapy
7
licensure
under
section
154D.2,
as
amended
in
this
Act.
8
2.
The
board
of
behavioral
science
shall
adopt
rules
to
9
administer
this
Act,
and
the
rules
shall
be
effective
July
1,
10
2015.
11
Sec.
13.
APPLICABILITY.
12
1.
Applicants
for
art
therapy
licensure
under
chapter
154D
13
who
have
not
passed
a
licensure
examination
approved
by
the
14
board
by
July
1,
2015,
shall
be
issued
a
temporary
license
to
15
practice
art
therapy
for
a
period
of
two
years,
commencing
on
16
July
1,
2015.
17
2.
An
applicant
issued
a
temporary
license
pursuant
to
this
18
section
shall
pass
a
licensure
examination
approved
by
the
19
board
on
or
before
July
1,
2017,
in
order
to
remain
licensed
as
20
an
art
therapist.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
provides
for
the
licensure
of
art
therapists
25
by
the
behavioral
science
board.
The
bill
defines
“licensed
26
art
therapist”,
“art
therapy”,
and
“temporary
licensed
art
27
therapist”.
To
obtain
an
art
therapy
license,
an
applicant
28
must
possess
a
master’s
degree
in
art
therapy
or
a
related
29
field,
have
at
least
two
years
supervised
clinical
experience,
30
and
pass
an
examination
approved
by
the
board.
The
bill
allows
31
a
person
practicing
art
therapy
to
receive
a
temporary
license.
32
The
bill
makes
conforming
changes
in
Code
chapter
33
147,
regarding
the
general
provisions
for
regulation
of
34
health-related
professions,
and
amends
the
membership
of
the
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board
of
behavioral
science
to
include
three
art
therapists.
1
The
bill
provides
transition
provisions
for
the
initial
2
appointment
of
the
additional
members
to
the
board
of
3
behavioral
science.
The
bill
also
provides
transition
4
provisions
relating
to
the
applicability
of
requirements
for
5
licensure
of
art
therapists.
6
The
provisions
of
Code
chapters
147
and
272C,
including
7
licensing
sanctions
and
a
provision
in
Code
section
147.86
8
providing
that
a
violation
of
Code
chapter
147
or
154D
is
a
9
serious
misdemeanor,
are
applicable
to
licensed
art
therapists.
10
A
serious
misdemeanor
is
punishable
by
confinement
not
to
11
exceed
one
year
and
a
fine
of
at
least
$315
but
not
more
than
12
$1,875.
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