HOUSE BILL No. 6098
June 5, 2018, Introduced by Reps. Hammoud, Wittenberg, Gay-Dagnogo, Pagan, Love, Hoadley and Cambensy and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 16324b and part 169b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 16324b. Fees for an individual who is licensed or seeking
2 licensure to engage in the practice of art therapy under part 169B
3 are as follows:
4
(a) Application processing fee................. $200.00
5
(b) Examination fee............................. 200.00
6
(c) License fee, per year....................... 100.00
7 PART 169B
8 ART THERAPY
9 Sec. 16971. As used in this part:
10 (a) "Art therapy" means the integrated application of
1 psychotherapeutic principles and methods with specialized training
2 in visual art media, the neurobiological implications of art-making
3 and the creative process, and art-based assessment models to assist
4 individuals, families, or groups to improve cognitive and sensory-
5 motor functions, increase self-awareness and self-esteem, cope with
6 grief and traumatic experience, resolve conflicts and distress, and
7 enhance social functioning. The term includes therapeutic
8 interventions to facilitate alternative modes of receptive and
9 expressive communication and evaluation and assessment to define
10 and implement art-based treatment plans to address cognitive,
11 behavioral, developmental, and emotional needs.
12 (b) "Art therapy certified supervisor" means a certified art
13 therapist who holds a credential as an art therapy certified
14 supervisor from the Art Therapy Credentials Board.
15 (c) "Certified art therapist" means an individual who holds a
16 current board certification in art therapy from the Art Therapy
17 Credentials Board.
18 (d) "Client" means an individual who is the recipient of art
19 therapy services provided by a professional art therapist or a
20 professional art therapist intern.
21 (e) "Credentialed art therapist" means an individual who is a
22 certified art therapist or is designated as a registered art
23 therapist by the Art Therapy Credentials Board.
24 (f) "Practice of professional art therapy" means providing or
25 offering to provide art therapy and appraisal activities, as an
26 independent or adjunctive therapist, to an individual, family, or
27 group using the application of art therapy principles and methods
1 in the diagnosis, prevention, treatment, and amelioration of
2 cognitive, developmental, emotional, and behavioral disabilities
3 and conditions. Practice of professional art therapy does not
4 include the administration and interpretation of psychological
5 tests except for those tests that are consistent with the
6 individual's education and training and the professional code of
7 ethics for professional art therapists.
8 (g) "Privileged communication" means any information,
9 including, but not limited to, client records, artwork, verbal or
10 artistic expressions, assessment results, or assessment
11 interpretations, developed during a professional relationship
12 between a professional art therapist or professional art therapist
13 intern and a client.
14 (h) "Professional art therapist" means an individual who is
15 licensed or otherwise authorized under this part to engage in the
16 practice of professional art therapy.
17 (i) "Professional art therapist intern" means an individual
18 who has been granted a limited license under section 16979 to
19 engage in practice of art therapy under supervision.
20 Sec. 16973. (1) Beginning 1 year after the effective date of
21 this part, only an individual who is licensed under this part may
22 engage in the practice of professional art therapy or use the title
23 "professional art therapist" or "licensed professional art
24 therapist" or the initials "l.p.a.t.".
25 (2) Unless he or she is exempt under section 16975, only an
26 individual who is licensed under this part may represent that he or
27 she offers professional art therapy, licensed art therapy, art
1 therapy, or a service of similar import or effect that is included
2 in the practice of professional art therapy.
3 Sec. 16975. (1) This part does not apply to any of the
4 following:
5 (a) An ordained member of the clergy providing art therapy, if
6 all of the following are met:
7 (i) Providing art therapy is incidental to the religious
8 duties performed by the member of the clergy under the auspices or
9 recognition of a church, denomination, religious association, or
10 sect that has tax-exempt status under section 501(c)(3) of the
11 internal revenue code of 1986, 26 USC 501.
12 (ii) The member of the clergy does not represent himself or
13 herself as a professional art therapist who is licensed under this
14 part.
15 (b) An individual who, during the 2-year period beginning on
16 the effective date of rules implementing this part, meets all of
17 the following:
18 (i) Is a credentialed art therapist who is licensed under
19 another part.
20 (ii) Does not represent himself or herself as a professional
21 art therapist who is licensed under this part.
22 (c) A student who is engaged in the practice of art therapy,
23 under qualified supervision, as part of a clinical internship in an
24 approved or accredited program of art therapy described in section
25 16977(1)(a) or a substantially equivalent program described in
26 section 16977(1)(a) and (2).
27 (2) This part does not prevent or restrict an individual who
1 is licensed under any other part or act from engaging in any
2 activity or practice, including use of art or art materials, if all
3 of the following are met:
4 (a) The practice or activity is consistent with the
5 individual's licensed scope of practice and professional training.
6 (b) The individual does not represent that the activity or
7 practice is art therapy or represent himself or herself as a
8 professional art therapist or as authorized under this part to
9 engage in the practice of professional art therapy.
10 Sec. 16976. The board of professional art therapists is
11 created in the department. The board shall consist of 9 voting
12 members who meet the requirements of part 161, as follows:
13 (a) Six individuals who are licensed as professional art
14 therapists under this part. However, an individual who is not
15 licensed under this part may be appointed to the initial board if
16 he or she meets the requirements for licensure described in section
17 16977(1)(a) to (c).
18 (b) Three public members.
19 Sec. 16977. (1) The board shall grant a license as a
20 professional art therapist to an individual who meets the
21 requirements of section 16174 and provides satisfactory evidence to
22 the board that he or she meets the following requirements:
23 (a) Has a master's or doctoral degree from a regionally or a
24 nationally accredited college or university in a program in art
25 therapy that was either approved by the American Art Therapy
26 Association or accredited by the Commission on Accreditation of
27 Allied Health Education Programs at the time the degree was
1 conferred; or, subject to subsection (2), a program that the board
2 determines is substantially equivalent to an approved or accredited
3 program in art therapy.
4 (b) Has completed at least 2 years of postgraduate supervised
5 clinical experience in art therapy that meets the requirements of
6 subsections (3) and (4).
7 (c) Has demonstrated competence in the practice of
8 professional art therapy by passing the board certification
9 examination administered by the Art Therapy Credentials Board.
10 (2) For purposes of subsection (1)(a), the board shall not
11 determine that a program in art therapy is substantially equivalent
12 to an approved or accredited program described in subsection (1)(a)
13 unless the board finds that the program includes graduate level
14 coursework and supervised field experience that meet the
15 requirements to qualify for a credential as a registered art
16 therapist established by the Art Therapy Credentials Board.
17 (3) To be eligible for licensure as a professional art
18 therapist, an individual must successfully complete post-master's
19 degree paid or volunteer supervised work experience and training in
20 the delivery and treatment of cognitive, emotional, developmental,
21 and behavioral disabilities and conditions in children and adults.
22 The supervised experience required under this section must meet all
23 of the following requirements:
24 (a) The supervised experience must include at least 1,000
25 hours of direct contact with clients, with at least the first 500
26 hours of direct client contact conducted under the supervision of
27 an art therapy supervisor approved by the board under subsection
1 (4). The remaining hours of direct client contact may be supervised
2 by an art therapy supervisor or other licensed practitioner with a
3 master's degree or higher in a related mental health field, as
4 determined by the board.
5 (b) The supervised experience must include at least 100 hours
6 of direct supervision, with at least50 of those hours of
7 supervision provided by an approved art therapy supervisor. The
8 supervision must be evenly distributed over the course of the
9 supervised experience, and may include supervision by telephone or
10 by audio or audiovisual electronic device, as determined by the
11 board.
12 (c) The supervised experience must be completed in no fewer
13 than 24 consecutive months, and not more than 72 consecutive
14 months, as determined by the board.
15 (d) A doctoral internship may be applied toward the supervised
16 experience requirement.
17 (4) An individual is eligible for approval by the board as an
18 art therapy supervisor if he or she is an art therapy certified
19 supervisor, professional art therapist, certified art therapist,
20 licensed marriage and family therapist who is a certified art
21 therapist, or licensed professional clinical counselor who is a
22 certified art therapist. An individual who is seeking approval as
23 an art therapy supervisor must do all of the following:
24 (a) Submit an application, in the form prescribed by the
25 board, and at least 1 letter of recommendation from a certified art
26 therapist that attests to the individual's competence to provide
27 art therapy supervision.
1 (b) Have completed at least 3 years of postlicensure
2 professional experience.
3 (c) Demonstrate successful completion of a graduate level
4 course in clinical supervision of at least 3 semester credit hours,
5 or the equivalent number of credits for a quarter or term as
6 determined by the board, from a regionally or nationally accredited
7 college or university, or a minimum of 35 continuing education
8 credits that involve courses or training in art therapy
9 supervision.
10 (5) The board may waive the requirements of subsection (1) and
11 grant a license as a professional art therapist to an individual
12 who, on or before 1 year after the effective date of rules
13 implementing this part, submits an application, in a form
14 established by the board, and provides satisfactory evidence to the
15 board that the individual meets all of the following:
16 (a) Satisfies the requirements of section 16174.
17 (b) Holds a credential as a registered art therapist by the
18 Art Therapy Credentials Board or meets the requirements for that
19 credential, as determined by the board.
20 (c) Has completed at least 5 years of professional practice in
21 art therapy, as determined by the board.
22 Sec. 16979. (1) The board shall grant a limited license as a
23 professional art therapist intern to an individual to permit that
24 individual to obtain the supervised experience required under
25 section 16977(1)(b). The board shall not renew a limited license
26 for more than 6 years.
27 (2) An applicant for a limited license as an intern must meet
1 the following requirements:
2 (a) Is at least 21 years of age.
3 (b) Hold a master's or doctoral degree in art therapy that
4 meets the requirements of section 16977(1)(a).
5 (c) Submit a notarized written application, in a form
6 established by the board, that describes the plan for clinical
7 practice to be conducted under supervision that meets the
8 requirements of section 16977(3).
9 (d) Pay the application and licensure fees prescribed in
10 section 16324b.
11 (3) An individual who holds a limited license as an intern
12 under this section shall do all of the following:
13 (a) Use only the title "professional art therapist intern".
14 (b) Not represent that he or she is engaged in independent
15 practice of art therapy or is licensed as a professional art
16 therapist.
17 (c) Practice only under the supervision of an approved
18 supervisor.
19 (d) Confine his or her practice to an organized health care
20 setting or other arrangement approved by the board.
21 Sec. 16981. Subject to section 16204, the board shall by rule
22 establish criteria for completion of continuing education for the
23 practice of professional art therapy as a condition for license
24 renewal, which shall include the continuing education requirements
25 of the Art Therapy Credentials Board to maintain board
26 certification as a certified art therapist.
27 Sec. 16983. (1) Except as provided in subsection (2), the
1 confidential records, relations, and communications between a
2 professional art therapist or a professional art therapist intern
3 and a client are privileged communications and may be disclosed
4 only with the written consent of the client, or the client's parent
5 or guardian, if applicable.
6 (2) The privilege established in this section is waived only
7 under 1 of the following circumstances:
8 (a) If disclosure is required by law or necessary to protect
9 the health or safety of an individual.
10 (b) If the professional art therapist is a party defendant to
11 a civil, criminal, or administrative action arising from services
12 performed as a licensee, in which case the waiver is limited only
13 to that action.
14 (c) If a waiver that specifies the terms of disclosure is
15 obtained in writing from a client over 18 years of age and then
16 only in accordance with the terms of the written waiver. If more
17 than 1 individual is involved in the art therapy performed, the
18 privilege is not waived for any individual unless all individuals,
19 or an individual's parent or guardian, if applicable, have executed
20 the written waiver.
21 (d) If express written consent that establishes rules for
22 disclosure of privileged communications involving public use,
23 display, recording, or reproduction of client art expression and
24 therapy sessions are obtained from the client, or the client's
25 parent or guardian, if applicable, and then only within the terms
26 of that written consent.
27 (3) A professional art therapist and professional art
1 therapist intern may use privileged communications in teaching,
2 writing, electronic formats, or public presentations only if a
3 written waiver or consent has been previously obtained from the
4 client, or the client's parent or legal guardian, if applicable,
5 and only for the specific uses and communications formats
6 designated in the written waiver or consent. If a waiver is
7 provided under this subsection, the art therapist shall ensure that
8 appropriate steps are taken to protect client identity and disguise
9 any part of the notes, art expression, or audio or video recording
10 that reveal client identity unless the client, or client's parent
11 or guardian, if applicable, designates in the signed consent that
12 his or her identity may be revealed.
13 Enacting section 1. This amendatory act takes effect 90 days
14 after the date it is enacted into law.