89R2692 JCG-F     By: Anchía H.B. No. 4557       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of art therapy, including the   establishment of the Texas Art Therapy Board and the duties of the   Texas Behavioral Health Executive Council; requiring an   occupational license; creating a criminal offense; imposing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL          SECTION 1.01.  Section 507.001, Occupations Code, is amended   by amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)  "Art therapy board" means the Texas Art Therapy   Board established under Chapter 508.                (1-a) "Executive council" means the Texas Behavioral   Health Executive Council.          SECTION 1.02.  Section 507.051(a), Occupations Code, is   amended to read as follows:          (a)  The Texas Behavioral Health Executive Council consists   of eleven [nine] members as follows:                (1)  one marriage and family therapist member and one   public member of the marriage and family therapy board, each   appointed by that board;                (2)  one licensed professional counselor member and one   public member of the professional counseling board, each appointed   by that board;                (3)  one psychologist member and one public member of   the psychology board, each appointed by that board;                (4)  one social worker member and one public member of   the social work board, each appointed by that board; [and]                (5)  one professional art therapist member and the   public member of the art therapy board, each appointed by that   board; and                (6)  one public member appointed by the governor.          SECTION 1.03.  Section 507.052, Occupations Code, is amended   to read as follows:          Sec. 507.052.  ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY   GOVERNOR. A person is not eligible for appointment by the governor   as a public member of the executive council if the person or the   person's spouse:                (1)  is registered, certified, or licensed by an   occupational regulatory agency in the field of health care;                (2)  is employed by or participates in the management   of a business entity or other organization regulated by or   receiving money from the executive council, the marriage and family   therapy board, the professional counseling board, the psychology   board, [or] the social work board, or the art therapy board;                (3)  owns or controls, directly or indirectly, more   than a 10 percent interest in a business entity or other   organization regulated by or receiving money from the executive   council, the marriage and family therapy board, the professional   counseling board, the psychology board, [or] the social work board,   or the art therapy board; or                (4)  uses or receives a substantial amount of tangible   goods, services, or money from the executive council, the marriage   and family therapy board, the professional counseling board, the   psychology board, [or] the social work board, or the art therapy   board, other than compensation or reimbursement authorized by law   for executive council, marriage and family therapy board,   professional counseling board, psychology board, [or] social work   board, or art therapy board membership, attendance, or expenses.          SECTION 1.04.  Section 507.053(c), Occupations Code, is   amended to read as follows:          (c)  A person may not be a member of the executive council or   act as the general counsel to the executive council if the person is   required to register as a lobbyist under Chapter 305, Government   Code, because of the person's activities for compensation on behalf   of a profession related to the operation of the executive council,   the marriage and family therapy board, the professional counseling   board, the psychology board, [or] the social work board, or the art   therapy board.          SECTION 1.05.  Section 507.151(a), Occupations Code, is   amended to read as follows:          (a)  The executive council shall administer and enforce this   chapter and Chapters 501, 502, 503, [and] 505, and 508.          SECTION 1.06.  Section 507.153(a), Occupations Code, is   amended to read as follows:          (a)  Unless the rule has been proposed by the applicable   board for the profession, the executive council may not adopt under   this chapter or Chapter 501, 502, 503, [or] 505, or 508:                (1)  a rule regarding:                      (A)  the qualifications necessary to obtain a   license, including limiting an applicant's eligibility for a   license based on the applicant's criminal history;                      (B)  the scope of practice of and standards of   care and ethical practice for the profession; or                      (C)  continuing education requirements for   license holders; or                (2)  a schedule of sanctions for violations of the laws   and rules applicable to the profession.          SECTION 1.07.  Section 507.154, Occupations Code, is amended   to read as follows:          Sec. 507.154.  FEES. The executive council shall set fees in   amounts reasonable and necessary to cover the costs of   administering this chapter and Chapters 501, 502, 503, [and] 505,   and 508, including fees for:                (1)  licenses issued by the executive council;                (2)  license renewals and late renewals;                (3)  examinations; and                (4)  any other program or activity administered by the   executive council for which a fee is authorized.   ARTICLE 2. ART THERAPISTS          SECTION 2.01.  Subtitle I, Title 3, Occupations Code, is   amended by adding Chapter 508 to read as follows:   CHAPTER 508.  ART THERAPISTS   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 508.001.  SHORT TITLE. This chapter may be cited as the   "Art Therapy Licensing and Practice Act."          Sec. 508.002.  DEFINITIONS. In this chapter:                (1)  "Accredited educational institution" means:                      (A)  a university or college accredited by the   Commission on Accreditation of Allied Health Education Programs or   another nationally recognized accrediting agency of institutions   of higher education approved by the executive council; or                       (B)  an institution and clinical program approved   by the American Art Therapy Association, or a successor   organization approved by the executive council.                (2)  "Board" means the Texas Art Therapy Board.                (3)  "Executive council" means the Texas Behavioral   Health Executive Council.                (4)  "Face-to-face meeting" means:                      (A)  an in-person meeting between two or more   persons; or                      (B)  a video meeting between two or more persons,   if the meeting is synchronous and involves verbal and visual   interaction.                (5)  "Licensed associate art therapist" means a person   who holds an associate art therapist license issued under this   chapter.                (6)  "Licensed professional art therapist" means a   person who holds a professional art therapist license issued under   this chapter.                (7)  "Qualified art therapy supervisor" means any   person who:                      (A)  is a licensed professional art therapist; or                       (B)  both:                            (i)  is a licensed professional counselor,   licensed clinical social worker, licensed psychologist, licensed   marriage and family therapist, or licensed physician; and                            (ii)  holds a credential as a Registered Art   Therapist with Board Certification (ATR-BC) or Art Therapy   Credentialed Supervisor (ATCS) issued by the Art Therapy   Credentials Board, Inc.                (8)  "Supervised educational experience" means the   regular oversight of the functions and activities of a graduate art   therapy student by a qualified art therapy supervisor as part of   either:                      (A)  an internship or practicum experience; or                      (B)  the practice of art therapy to fulfill the   requirements to be licensed under this chapter.                (9)  "Supervision" means a formalized professional   relationship between a qualified art therapy supervisor and a   supervised person in which the qualified art therapy supervisor   directs, monitors, and evaluates the supervised person's   professional art therapy practice while promoting the development   of the supervised person's knowledge, skills, and abilities to   provide professional art therapy services in an ethical and   competent manner.          Sec. 508.003.  PRACTICE OF ART THERAPY. A person practices   art therapy if the person provides, for compensation, a specialized   form of psychotherapy that involves expressive arts media and the   creative process to address and alleviate mental and emotional   disorders or psychopathologies, improve cognitive function or   sensory-motor functions, or support wellness, through diagnosis,   assessment, testing, treatment, evaluation, or rehabilitation.   The practice of art therapy includes:                (1)  an evidence-based clinical practice of art therapy   within a professional relationship conducted by a professionally   trained art therapist who is licensed under this chapter;                (2)  the integration of psychological theories, art   therapy theory, art-based assessment models, traditional verbal   counseling techniques, and the creative process into the provision   of psychotherapy;                (3)  the provision of services to accomplish art   therapy goals, including using expressive arts media, creative   techniques, nonverbal communication, psychotherapy, art-based   assessment models, and the creative process in a therapeutic   relationship between a client and a licensed professional art   therapist or a licensed art therapy associate;                (4)  evaluation, assessment, and diagnosis to define   and implement individualized treatment plans to address   developmental, rehabilitative, habilitative, medical, mental   health, preventive, wellness care, or educational needs of clients;                (5)  systematically evaluating and comparing a client's   response to an individualized art therapy treatment plan and   suggesting modifications, as appropriate;                (6)  therapeutic interventions to facilitate   alternative modes of receptive and expressive communication that   can circumvent the limitations of verbal articulation;                (7)  the use of treatment interventions that include   psychotherapy or counseling integrated with art therapy theory, the   creative process, or art media to facilitate human development and   to identify and remediate mental, emotional, or behavioral   disorders and associated distresses that interfere with daily   functioning; and                (8)  the use of appropriate knowledge and specialized   training in art therapy theory, art media, the creative process,   the neurobiological implications of art-making, psychotherapy and   counseling principles and theory, and clinical decision-making   skills to inform practice and determine the appropriate course of   action, tailored to the context of each specific clinical setting.          Sec. 508.004.  APPLICABILITY. (a)  This chapter does not   apply to:                (1)  a student or intern who:                      (A)  practices under the supervision of a   qualified art therapy supervisor in an educational institution or   agency as part of the institution's or agency's graduate degree   program in art therapy or a related field; and                      (B)  is designated by a title such as "student,"   "trainee," "intern," or another title clearly indicating the   person's training status; or                (2)  an activity conducted or a service performed by a   person who is licensed, certified, or registered in a profession   other than art therapy, if:                      (A)  the activity or service is conducted or   performed within the scope of the person's license, certificate, or   registration; and                      (B)  the person does not represent the person to   the public by any title, initials, or description of services as   being a licensed professional art therapist or a licensed associate   art therapist.          (b)  The executive council may adopt rules governing the   supervision required to qualify for the exemption under Subsection   (a).   SUBCHAPTER B. TEXAS ART THERAPY BOARD          Sec. 508.051.  BOARD; MEMBERSHIP.  (a)  The Texas Art Therapy   Board consists of five members appointed by the governor with the   advice and consent of the senate as follows:                (1)  three licensed professional art therapists who   have been actively engaged in the practice of art therapy in this   state for at least the three years preceding the member's   appointment;                (2)  one health care professional who is not a licensed   professional art therapist; and                (3)  one member who represents the public.          (b)  Appointments to the board shall be made without regard   to the race, color, disability, sex, religion, age, or national   origin of the appointee.          (c)  Notwithstanding Subsection (a)(1), a person practicing   as a professional art therapist is eligible for appointment as an   initial member of the board regardless of whether the person holds a   professional art therapy license issued under this chapter. This   subsection expires September 1, 2026.          Sec. 508.052.  PUBLIC MEMBERSHIP ELIGIBILITY.  (a)  The   public member of the board may not:                (1)  be licensed under this chapter; or                (2)  have an interest in the practice of art therapy   other than as a consumer.          (b)  A person is not eligible for appointment as the public   member of the board if:                (1)  the person is registered, certified, or licensed   by an occupational regulatory agency in the field of health care;                (2)  the person's spouse is registered, certified, or   licensed by an occupational regulatory agency in the field of   mental health; or                (3)  the person or the person's spouse:                      (A)  is employed by or participates in the   management of a business entity or other organization regulated by   or receiving funds from the board or executive council;                      (B)  owns or controls, directly or indirectly,   more than a 10 percent interest in a business entity or other   organization regulated by or receiving funds from the board or   executive council; or                      (C)  uses or receives a substantial amount of   tangible goods, services, or funds from the board or executive   council, other than compensation or reimbursement authorized by law   for board membership, attendance, or expenses.          Sec. 508.053.  MEMBERSHIP RESTRICTIONS.  (a)  In this   section, "Texas trade association" means a cooperative and   voluntarily joined statewide association of business or   professional competitors in this state designed to assist its   members and its industry or profession in dealing with mutual   business or professional problems and in promoting their common   interest.          (b)  A person may not be a member of the board if:                (1)  the person is an officer, employee, or paid   consultant of a Texas trade association in the field of health care;   or                (2)  the person's spouse is an officer, manager, or paid   consultant of a Texas trade association in the field of mental   health.          (c)  A person may not be a member of the board if the person   is required to register as a lobbyist under Chapter 305, Government   Code, because of the person's activities for compensation on behalf   of a profession related to the operation of the board.          Sec. 508.054.  TERMS. Members of the board serve staggered   six-year terms with the terms of one or two members expiring on   February 1 of each odd-numbered year.          Sec. 508.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for   removal from the board that a member:                (1)  does not have at the time of taking office the   qualifications required by Section 508.051(a);                (2)  does not maintain during service on the board the   qualifications required by Section 508.051(a);                (3)  is ineligible for membership under Section 508.052   or 508.053;                (4)  cannot, because of illness or disability,   discharge the member's duties for a substantial part of the member's   term; or                (5)  is absent from more than half of the regularly   scheduled board meetings that the member is eligible to attend   during a calendar year without an excuse approved by a majority vote   of the board.          (b)  The validity of an action of the board is not affected by   the fact that it is taken when a ground for removal of a board member   exists.          (c)  If the executive director of the executive council has   knowledge that a potential ground for removal exists, the executive   director shall notify the presiding officer of the board of the   potential ground.  The presiding officer shall then notify the   governor and the attorney general that a potential ground for   removal exists.  If the potential ground for removal involves the   presiding officer, the executive director shall notify the next   highest ranking officer of the board, who shall then notify the   governor and attorney general that a potential ground for removal   exists.          Sec. 508.056.  EXPENSE REIMBURSEMENT.  Each board member is   entitled to reimbursement for expenses incurred in traveling to and   from the business of the board at the rates provided in the General   Appropriations Act for state employees.  A member may not receive   actual or necessary expenses except for travel to and from   meetings.          Sec. 508.057.  OFFICERS. (a) The governor shall designate a   member of the board as presiding officer. The presiding officer   serves in that capacity at the will of the governor.          (b)  The board shall elect an assistant presiding officer to   serve as provided by board rule.          Sec. 508.058.  MEETINGS.  (a)  The board shall meet at least   three times each year.          (b)  The board may hold other regular meetings as provided by   board rule and special meetings as determined by the board.          Sec. 508.059.  TRAINING.  (a)  A person who is appointed to   and qualifies for office as a member of the board may not vote,   deliberate, or be counted as a member in attendance at a meeting of   the board until the person completes a training program that   complies with this section.          (b)  The training program must provide the person with   information regarding:                (1)  the law governing board operations;                (2)  the programs, functions, rules, and budget of the   board;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the types of board rules, interpretations, and   enforcement actions that may implicate federal antitrust law by   limiting competition or impacting prices charged by persons engaged   in a profession or business the board regulates, including any   rule, interpretation, or enforcement action that:                      (A)  regulates the scope of practice of persons in   a profession or business the board regulates;                      (B)  restricts advertising by persons in a   profession or business the board regulates;                      (C)  affects the price of goods or services   provided by persons in a profession or business the board   regulates; or                      (D)  restricts participation in a profession or   business the board regulates;                (5)  the results of the most recent formal audit of the   board;                (6)  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosure of conflicts   of interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (7)  any applicable ethics policies adopted by the   board or the Texas Ethics Commission.          (c)  A person appointed to the board is entitled to   reimbursement, as provided by the General Appropriations Act, for   the travel expenses incurred in attending the training program   regardless of whether the attendance at the program occurs before   or after the person qualifies for office.          (d)  The executive director of the executive council shall   create a training manual that includes the information required by   Subsection (b).  The executive director shall distribute a copy of   the training manual annually to each board member.  Each member of   the board shall sign and submit to the executive director a   statement acknowledging that the member received and has reviewed   the training manual.   SUBCHAPTER C.  GENERAL POWERS AND DUTIES          Sec. 508.101.  GENERAL POWERS AND DUTIES OF EXECUTIVE   COUNCIL. (a)  The executive council shall administer and enforce   this chapter.          (b)  The executive council may:                (1)  adopt and enforce rules necessary to perform the   executive council's duties under this chapter;                (2)  ensure strict compliance with and enforcement of   this chapter, including by recommending violations of this chapter   to the appropriate district, criminal district, or county attorney   for prosecution; and                (3)  enter into contracts as necessary to administer   and enforce this chapter.          (c)  The executive council shall adopt a code of ethics for   license holders.          Sec. 508.102.  BOARD DUTIES. The board shall propose to the   executive council:                (1)  rules regarding:                      (A)  the qualifications necessary to obtain a   license, including rules limiting an applicant's eligibility for a   license based on the applicant's criminal history;                      (B)  the scope of practice of and standards of   care and ethical practice for the practice of art therapy; and                      (C)  continuing education requirements for   license holders; and                (2)  a schedule of sanctions for violations of this   chapter or rules adopted under this chapter.          Sec. 508.103.  ROSTER OF PERSONS LICENSED UNDER THIS   CHAPTER. The executive council shall compile and publish annually   a roster of names, license numbers, and addresses of each person   licensed under this chapter.          Sec. 508.104.  FEES. (a)  Subject to Subsection (b), the   executive council shall establish reasonable and necessary fees for   the administration of this chapter, including fees for license   applications and license renewals and any penalty fee for late   renewals.          (b)  The fee to apply for a professional art therapist   license must be at least $183.   SUBCHAPTER D.  LICENSE REQUIREMENTS          Sec. 508.151.  LICENSE REQUIRED TO PRACTICE ART THERAPY;   TITLE RESTRICTIONS.  (a)  A person may not engage in the practice of   art therapy unless the person is licensed under this chapter.          (b)  Unless the person holds the appropriate license under   this chapter, a person may not use or cause to be used:                (1)  the titles "licensed professional art therapist"   or "licensed associate art therapist";                (2)  the abbreviations "LPAT" or "LAAT"; or                (3)  any other title, designation, word, letter,   abbreviation, or insignia indicating the practice of art therapy.          Sec. 508.152.  APPLICATION; ISSUANCE.  (a)  A person may   apply for a license under this chapter by submitting an application   to the executive council and paying any required fee. The   application must:                (1)  be on a form and submitted in a manner prescribed   by the executive council;                (2)  include evidence satisfactory to the executive   council that the applicant meets the eligibility requirements for   the license for which the applicant is applying; and                (3)  contain any other information required by   executive council rule.          (b)  The executive council shall review applications   submitted under Subsection (a) and issue the appropriate license to   a person who meets the eligibility requirements of this chapter for   the license for which the person applied.          Sec. 508.153.  ELIGIBILITY FOR PROFESSIONAL ART THERAPIST   LICENSE. (a)  To be eligible for a professional art therapist   license, an applicant must:                (1)  be at least 21 years of age;                (2)  be licensed as an associate art therapist;                (3)  subject to Subsection (b), have completed the   minimum number of hours practicing art therapy as a licensed   associate art therapist as required by executive council rule in a   period of not less than two years, which may not be less than 3,000   hours; and                (4)  satisfactorily complete the Art Therapy   Credentials Board Examination (ATC-BE) or a substantially similar   examination approved by the executive council.          (b)  With respect to the hours required under Subsection   (a)(3):                (1)  at least 1,500 of those hours must have been spent   practicing art therapy with clients in face-to-face meetings for   the purpose of diagnosing or treating mental, emotional,   behavioral, or addiction disorders;                (2)  for every 10 hours the licensed associate art   therapist practices art therapy with clients in face-to-face   meetings, the qualified art therapy supervisor must provide to the   licensed associate art therapist at least one hour of direct   supervision by face-to-face meeting; and                (3)  notwithstanding Subdivision (2), the qualified   art therapy supervisor must provide at least two hours of   supervision each month to the associate art therapist through group   or individual supervision, which shall be credited toward meeting   the hours of supervision required by Subdivision (2).          Sec. 508.154.  ELIGIBILITY FOR ASSOCIATE ART THERAPIST   LICENSE. To be eligible for an associate art therapist license, an   applicant must:                (1)  be at least 21 years of age;                (2)  either:                      (A)  have completed a master's or doctoral degree   program in art therapy with an accredited educational institution   that included at least 700 hours of supervised educational   experience through an internship; or                      (B)  have completed each of the following:                            (i)  a master's or doctoral degree program in   a field related to art therapy with an accredited educational   institution;                            (ii)  as part of the degree program   described by Subparagraph (i), at least 30 graduate credit hours in   any combination of the following subjects:                                  (a)  theory and practice of art   therapy, including applicable standards for the practice of art   therapy;                                  (b)  art therapy media and techniques;                                  (c)  history of art therapy;                                  (d)  human growth and developmental   dynamics in art;                                  (e)  application of art therapy with   persons in different treatment settings;                                  (f)  art therapy appraisal;                                  (g)  diagnosis and assessment;                                  (h)  group art therapy;                                  (i)  ethical and legal issues of art   therapy practice; and                                  (j)  matters of cultural and social   diversity bearing on the practice of art therapy; and                            (iii)  at least 700 hours of supervised   educational experience through an internship;                (3)  submit at least one letter of recommendation   attesting to the applicant's integrity and competence from a   qualified art therapy supervisor who has provided direct clinical   supervision of the applicant's graduate program clinical training,   practicum, or internship; and                (4)  have secured employment as an associate art   therapist and completed a postgraduate supervised training plan on   forms prescribed by the executive council describing the services   to be provided, place of employment, and individuals responsible   for supervision and in a statement acknowledging the rules and   requirements for practice as an associate art therapist.          Sec. 508.155.  EXAMINATIONS. The executive council shall   adopt or develop, and administer as necessary, examinations for   licensure as a professional art therapist and associate art   therapist.          Sec. 508.156.  ISSUANCE OF LICENSE TO APPLICANTS LICENSED IN   OTHER JURISDICTIONS. The executive council may issue a   professional art therapist license or associate art therapist   license to an applicant for a license under this chapter who is   licensed, registered, certified, or otherwise credentialed in   another jurisdiction to engage in the practice of art therapy if:                (1)  the executive council determines that the   standards for issuance of the credential issued in the other   jurisdiction are substantially equivalent to the requirements for a   license under this chapter;                (2)  the applicant demonstrates in the manner   prescribed by the executive council that the applicant:                      (A)  will comply with the laws and rules governing   the practice of art therapy in this state and practice art therapy   within the scope authorized by law;                      (B)  has not been subject to any disciplinary   action of a serious nature by the licensing authority in the other   jurisdiction; and                      (C)  has completed a master's or doctoral degree   program in art therapy or a related field with an accredited   educational institution; and                (3)  the applicant pays any required application fee.          Sec. 508.157.  ISSUANCE OF LICENSE FOR CERTAIN PERSONS   PRACTICING ART THERAPY BEFORE ENACTMENT OF CHAPTER; EXPIRATION.   (a)  The executive council may waive the requirements of this   chapter for licensure as a professional art therapist for an   applicant who, not later than March 1, 2027, pays any required   application fee and demonstrates to the executive council in a   manner prescribed by the executive council that the applicant:                (1)  has completed a master's or doctoral degree   program in art therapy or a related field;                (2)  holds a credential in good standing with the Art   Therapy Credentials Board, Inc., or an equivalent credential as   determined by the executive council; and                (3)  has engaged in the practice of art therapy for at   least five years preceding September 1, 2025.          (b)  This section expires September 1, 2027.   SUBCHAPTER E.  LICENSE RENEWAL AND CONTINUING EDUCATION          Sec. 508.201.  PROFESSIONAL ART THERAPIST LICENSE TERM;   RENEWAL.  (a)  A professional art therapist license is valid for a   term of two years.          (b)  The executive council by rule shall adopt a system under   which professional art therapist licenses expire on various dates   during the year.          (c)  To renew a professional art therapist license, the   license holder must apply on a form and in a manner prescribed by   the executive council, pay any required fee, and demonstrate to the   satisfaction of the executive council that the license holder has   completed any required continuing education.          (d)  On application by a license holder, the executive   council shall renew the license if the license holder meets all the   renewal requirements of this chapter, including any rule adopted   under this chapter.          Sec. 508.202.  ASSOCIATE ART THERAPIST LICENSE TERM;   EXTENSION OF TERM. (a)  An associate art therapist license is valid   for a term of three years and may not be renewed.          (b)  A licensed associate art therapist who has not met the   requirement for licensure as a professional art therapist before   the expiration of the person's license may apply for a one-time   extension of the license for an additional two years. An   application for extension under this subsection must include:                (1)  a plan for completing the requirements to obtain a   professional art therapist license;                (2)  documented evidence of compliance with any   required continuing education;                (3)  documented evidence that the license holder is   receiving appropriate supervision from a qualified art therapy   supervisor; and                (4)  at least one letter of recommendation from a   qualified art therapy supervisor who is providing supervision to   the license holder.          Sec. 508.203.  CONTINUING EDUCATION. (a)  The executive   council shall:                (1)  require each person licensed under this chapter to   complete a minimum number of continuing education courses or   programs once every 24 months;                (2)  recognize the American Art Therapy Association and   other persons as providers of continuing education for any   continuing education required under Chapter 507, this chapter, or a   rule adopted under either of those chapters;                (3)  subject to Subsection (b), accredit educational   courses or programs related to art therapy as qualifying continuing   education, including:                      (A)  attending meetings of constituents and   components of art therapy associations recognized by the executive   council;                      (B)  preparing or participating in examinations;                      (C)  preparing papers;                      (D)  publications;                      (E)  presentations; and                      (F)  obtaining teaching and research   appointments; and                (4)  establish procedures for the issuance of   continuing education credit on receiving satisfactory evidence of   completion of the courses or programs described by Subdivision (3).          (b)  The executive council may approve courses or programs   described by Subsection (a)(3) only if the programs are open to all   art therapists in this state on a reasonably nondiscriminatory   basis.          (c)  For an education course or program that qualifies as   continuing education, each hour of instruction is equivalent to one   credit.          (d)  As part of the continuing education hours required under   Subsection (a)(1), each person licensed under this chapter must   complete at least three hours of courses or programs on the ethical   practice of art therapy.          Sec. 508.204.  EXTENSION TO COMPLETE CONTINUING EDUCATION   REQUIREMENTS. The executive council shall adopt rules to provide   for a professional art therapy license holder who is unable to   complete the required continuing education hours for renewal before   the expiration of the license holder's license to apply for an   extension of the term of the license for a time considered adequate   by the executive council for the license holder to complete any   remaining required continuing education hours.          Sec. 508.205.  REQUIRED NOTICE OF RENEWAL; INACTIVE STATUS.     (a)  Not later than the 30th day before the date a person's   professional art therapy license expires, the executive council   shall provide notice to the license holder of the renewal fees under   Section 507.255 and that the license holder may request that the   executive council place the license on inactive status.          (b)  On request of a professional art therapy license holder,   the executive council shall place the person's license on inactive   status.          (c)  A person whose license is inactive:                (1)  may not practice art therapy under this chapter;   and                (2)  is not required to pay a license renewal fee or any   penalty fee.          (d)  A person whose license is inactive may apply to   reactivate the license. The executive council shall reactivate the   license if the applicant:                (1)  pays a license fee;                (2)  is not in violation of this chapter when the   applicant applies to reactivate the license; and                (3)  fulfills the requirements provided by executive   council rule for the holder of an inactive license.   SUBCHAPTER F.  PRACTICE BY LICENSE HOLDER          Sec. 508.251.  INDEPENDENT PRACTICE BY LICENSED   PROFESSIONAL ART THERAPIST. (a)  In this section, the "independent   practice of art therapy" means to diagnose and treat mental health   disorders specified in the most recent edition of the Diagnostic   and Statistical Manual of Mental Disorders designated by the   executive council for use by licensed professional art therapists.          (b)  Notwithstanding any other law, a licensed professional   art therapist may engage in the independent practice of art   therapy.          (c)  If a client has symptoms of a mental disorder, a   licensed professional art therapist shall request a consultation   from and consult with the client's primary care physician or   psychiatrist, as applicable, to determine whether a medical   condition or medication is causing or contributing to the client's   symptoms of the mental disorder.          (d)  A licensed professional art therapist is not required to   consult a client's primary care physician or psychiatrist under   Subsection (c) if the client waives that requirement in writing.     The licensed professional art therapist shall maintain any written   waiver under this subsection with the client's records.          (e)  Regardless of when the consultation required by   Subsection (c) is obtained, the licensed professional art therapist   may continue, after the consultation is requested under Subsection   (c) or waived under Subsection (d), to evaluate and treat the   client.          (f)  The executive council may adopt rules governing the   independent practice of art therapy by a licensed professional art   therapist.          Sec. 508.252.  SUPERVISED PRACTICE OF ART THERAPY BY   LICENSED ASSOCIATE ART THERAPIST. (a)  A licensed associate art   therapist may not:                (1)  practice art therapy unless:                      (A)  the licensed associate art therapist is   practicing under the supervision of a qualified art therapy   supervisor;                      (B)  the licensed associate art therapist and each   of the therapist's qualified art therapy supervisors have entered   into a postgraduate supervised training plan on forms prescribed by   the executive council describing the services to be provided, place   of employment, and individuals responsible for supervision and in a   statement acknowledging the rules and requirements for practice as   a licensed associate art therapist; and                      (C)  the training plan described by Paragraph (B)   has been approved by the executive council; and                (2)  represent that the licensed associate art   therapist is a licensed professional art therapist or that the   licensed associate art therapist may engage in the independent   practice of art therapy.          (b)  The supervision of a licensed associate art therapist by   a qualified art therapy supervisor must comply with the following   requirements:                (1)  the practice of art therapy is under the order,   control, and full professional responsibility of the supervisor who   reviews aspects of the practice and case management in a   face-to-face meeting with the therapist; and                (2)  the supervisor:                      (A)  accepts direct responsibility for the client   services provided by the licensed associate art therapist and   conducts regular face-to-face meetings with the therapist;                      (B)  ensures that the extent, kind, and quality of   art therapy services provided by the therapist are consistent with   the education, training, and experience of the therapist;                      (C)  reviews client or patient records of the   clients or patients for whom the therapist provided art therapy   services;                      (D)  monitors the therapist's practice of art   therapy;                      (E)  evaluates any assessment administered,   diagnosis made, or treatment decision made by the therapist; and                      (F)  ensures compliance with laws and rules   governing the practice of art therapy, including as practiced by a   licensed associate art therapist.          Sec. 508.253.  CONFIDENTIALITY OF COMMUNICATIONS MADE   DURING ART THERAPY SERVICES. (a)  Any communication made between a   licensed professional art therapist or a licensed associate art   therapist and the therapist's client while the therapist is   practicing art therapy is confidential.          (b)  A communication that is confidential under this section   may not be disclosed by the therapist unless:                (1)  the client receiving the art therapy service   authorizes the disclosure in writing;                (2)  the therapist is the defendant in a civil,   criminal, or administrative action arising from the art therapy   service during which the communication was made; or                (3)  the disclosure is authorized by other law.          (c)  A disclosure authorized by Subsection (b) does not waive   the right to assert in the future that the communication is   confidential.   SUBCHAPTER G.  DISCIPLINARY ACTIONS          Sec. 508.301.  DISCIPLINARY ACTIONS. A person is subject to   disciplinary action as provided by Subchapter G or H, Chapter 507,   if the person:                (1)  violates this chapter or a rule or code of ethics   adopted under this chapter; or                (2)  commits an act for which liability exists under   Chapter 81, Civil Practice and Remedies Code.          Sec. 508.302.  REFUND. (a) Subject to Subsection (b), the   executive council may order a license holder to pay a refund to a   consumer as provided in an agreement resulting from an informal   settlement conference instead of or in addition to imposing an   administrative penalty under Subchapter H, Chapter 507.          (b)  The amount of a refund ordered as provided in an   agreement resulting from an informal settlement conference may not   exceed the amount the consumer paid to the license holder for a   service regulated by this chapter. The executive council may not   require payment of other damages or estimate harm in a refund order.   SUBCHAPTER H.  CRIMINAL PENALTY          Sec. 508.351.  OFFENSE. (a)  A person commits an offense if   the person:                (1)  violates Section 508.151; or                (2)  engages in the independent practice of art therapy   without holding a professional art therapist license.          (b)  An offense under this section is a Class B misdemeanor.          SECTION 2.02.  Section 81.001(2), Civil Practice and   Remedies Code, is amended to read as follows:                (2)  "Mental health services provider" means an   individual, licensed or unlicensed, who performs or purports to   perform mental health services, including a:                      (A)  licensed social worker as defined by Section   505.002, Occupations Code;                      (B)  chemical dependency counselor as defined by   Section 504.001, Occupations Code;                      (C)  licensed professional counselor as defined   by Section 503.002, Occupations Code;                      (D)  licensed marriage and family therapist as   defined by Section 502.002, Occupations Code;                      (E)  member of the clergy;                      (F)  physician who is practicing medicine as   defined by Section 151.002, Occupations Code;                      (G)  psychologist offering psychological services   as defined by Section 501.003, Occupations Code; [or]                      (H)  special officer for mental health assignment   certified under Section 1701.404, Occupations Code; or                      (I)  professional art therapist or associate art   therapist licensed under Chapter 508, Occupations Code.          SECTION 2.03.  As soon as practicable after the effective   date of this Act, the governor shall appoint the members of the   Texas Art Therapy Board in accordance with Chapter 508, Occupations   Code, as added by this Act. In making the initial appointments, the   governor shall designate two members for terms expiring February 1,   2027, two members for terms expiring February 1, 2029, and one   member for a term expiring February 1, 2031.          SECTION 2.04.  Not later than January 1, 2026, the Texas   Behavioral Health Executive Council shall adopt the rules,   procedures, and fees necessary to administer Chapter 508,   Occupations Code, as added by this Act.          SECTION 2.05.  Notwithstanding Chapter 508, Occupations   Code, as added by this Act, an art therapist is not required to hold   a license under that chapter to practice as a licensed professional   art therapist or licensed associate art therapist in this state   before September 1, 2026.   ARTICLE 3.  CONFORMING AMENDMENTS          SECTION 3.01.  Sections 503.310(a) and (b), Occupations   Code, are amended to read as follows:          (a)  On application and payment of applicable fees, the   executive council may issue a provisional license to a person who   holds a license as a counselor [or art therapist] issued by another   state or by a jurisdiction acceptable to the executive council.          (b)  An applicant for a provisional license must:                (1)  be licensed in good standing as a counselor [or art   therapist] in another state, territory, or jurisdiction that has   licensing requirements substantially equivalent to the   requirements of this chapter;                (2)  have passed the required license examination; and                (3)  be sponsored by a person licensed under this   chapter with whom the applicant may practice under a provisional   license.          SECTION 3.02.  Section 503.452(a), Occupations Code, is   amended to read as follows:          (a)  A person commits an offense if the person knowingly:                (1)  engages in the practice of professional counseling   without holding a license under this chapter;                (2)  represents the person by the title "Licensed   Professional Counselor" or "Licensed Counselor" without holding a   license under this chapter;                [(3) represents the person by the title "Licensed   Professional Counselor -- Art Therapist," "Art Therapist," or by   the initials "L.P.C. -- A.T." or "A.T." without:                      [(A)  holding a license with a specialization in   art therapy under Section 503.303; or                      [(B)  holding a license under Section 503.309;] or                (3) [(4)]  uses any title, words, letters, or   abbreviations that imply that the person is licensed under this   chapter if the person is not licensed under this chapter.          SECTION 3.03.  Section 503.303, Occupations Code, is   repealed.          SECTION 3.04.  Section 503.452(a), Occupations Code, as   amended by this Act, applies only to an offense committed on or   after the effective date of this Act.  An offense committed before   the effective date of this Act is governed by the law in effect on   the date the offense was committed, and the former law is continued   in effect for that purpose.  For purposes of this section, an   offense was committed before the effective date of this Act if any   element of the offense occurred before that date.   ARTICLE 4.  EFFECTIVE DATE          SECTION 4.01.  (a) Except as provided by Subsection (b) of   this section, this Act takes effect September 1, 2025.          (b)  Section 508.151 and Subchapters G and H, Chapter 508,   Occupations Code, as added by this Act, take effect September 1,   2026.