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September 10, 2006
Dear Representative ��������������������, On behalf of the Board of
Directors and membership of The Florida Art Therapy Association (FATA), I
would like to thank you for taking the time to listen to our professional
concerns. We are seeking support for our efforts to obtain legislation
in the state of
Without state regulation, there is no protection for consumers seeking Clinical Art Therapy Services.� Although, the state and national associations attempt to discourage individuals from claiming to be Art Therapists who do not meet the educational and/or the credentialing guidelines, there is no actual recourse to prevent these individuals from misrepresenting themselves, and in turn, deceiving the community. Other mental health professions (Social Work, Mental Health Counseling, and Marriage and Family Therapy) are regulated for this very purpose.
Many treatment facilities throughout the state are cognizant of the benefits of art therapy with their consumers.� Unfortunately, these same facilities do not employ Art Therapists because of the lack of licensure.� The license acts as a level of competence and protection for many treatment facilities.� Also, most, if not all, of these facilities either receive reimbursement through third-party payers such as insurance or state funded programs.� These third-party groups have a standard for which services are reimbursable; that standard is whether or not the provider is licensed in the state. This past year, as so many Floridians were traumatized by the effects of Hurricane Wilma, Art Therapists rushed out to lend their services to the Red Cross.� These professionals were turned away because the Red Cross requires their mental health volunteers to be licensed.� This roadblock prevented thousands of children in our state from having the opportunity to visually express what they could not put into words.� How does a child say, “I no longer have a home”?� Due to the current absence of regulation and services being turned away, these children could not!
As stated above, other mental health
professions, regulated by the state of The attached pages include copies of proposed legislation: Art Therapy: Professional Counseling Expansion and Improvement Act and Art Therapy Title Act. � I thank you for your time and willingness to hear our concerns. The FATA Board appreciates your consideration and support of our goal. If you have any additional questions, please feel free to contact me via phone at �����������������or via email at ��������������������������������. Sincerely, (Your Name) |
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Art Therapy:� Professional Counseling Expansion and
Improvement Act An Act establishing eligibility for licensure as professional counselors for art therapists who have met equivalent requirements for education, clinical supervision and examination. Section 1. Short Title. This Act shall be known and may be cited as the “Professional Counseling Expansion Act. Section 2. Definitions. The following words and
terms, when used in this Act, have the following meanings, unless the context
clearly indicates otherwise: (a) Doctoral degree in a field closely related to the practice of
professional counseling. Includes one of the following: (i) Doctoral degrees in psychiatry,
psychology, art therapy, counseling education and child development and
family studies. (ii)
Another doctoral
degree in any applied behavioral science which is awarded after successful
completion of a master’s degree in a field closely related to the
practice of professional counseling and that includes advanced (beyond the
master’s level) clinical instruction and advanced (beyond the
master’s level) coursework in any five of the educational requirements
in � 49.2(1)—(8) (relating to
educational requirements). (b) Master’s degree in a field closely related to the practice of
professional counseling includes. One of the following: (i) Degrees in psychology, art therapy,
counseling education and child development and family studies. (ii) A
degree in any applied behavioral science that includes a practicum or
internship and meets any five of the educational requirements in
� 49.2(1)—(8). Planned program of 60 semester hours or 90
quarter hours of graduate coursework in counseling or a field closely related
to the practice of professional counseling—A
program which includes coursework that meets the criteria in
� 49.2. (c) Related field—Includes the fields of psychiatry, psychology,
art therapy, and counseling education. Section 3. Alternate
qualifications for license. (a)
Educational
requirements.� An applicant may satisfy
the educational requirements for a professional counseling license if the
applicant has successfully met one of the following requirements: (i)
successfully completed a planned program of 60
semester hours or 90 quarter hours of graduate coursework in a field
determined by the board by regulation to be closely related to the practice
of professional counseling, including a master's degree in counseling or a
field determined by the board by regulation to be closely related to the
practice of professional counseling, from an accredited educational
institution. (ii) Holds a doctoral degree in counseling from an accredited educational institution or holds a doctoral degree in a field determined by the board by regulation to be closely related to the practice of professional counseling from an accredited educational institution. (b)
Experience requirements. An applicant may
satisfy the experience requirements for a professional counseling license if
the applicant has completed the required hours of supervised clinical
experience with a supervisor who holds a license
and has at least a master’s degree in a related field and has 5 years
experience within the last 10 years in that field. (c)
Examination
requirement. An applicant may satisfy the examination requirement for a
professional counseling license if the applicant has passed any of the
following: (1) The National Counselor Examination for
Licensure and Certification (NCE) given by NBCC. (2)
The Art Therapy
Credentials Board (ATCB) Certification Examination given by ATCB. (3) The
Certified Rehabilitation Counselor (CRC) Examination given by CRCC. (4) The
Board Certification Examination given by CBMT. (5) The
practice examination of psychological knowledge given by the North American
Association of Master’s in Psychology (NAMP). (6) The
Advanced Alcohol & Other Drug Abuse Counselor Examination (AAODA) given
by the International Certification and Reciprocity Consortium/Alcohol and
Other Drug Abuse Inc. (IC & RC/AODA). (7) The
Examination for Master Addictions Counselors (EMAC) given by NBCC. (8)� Any other examination established by the
Board. � Art Therapy Title Act Section 1.� Short Title. This Act shall be known and may be cited as the “Art Therapy Certification Act” Section 2.� Policy and Purpose. The legislature recognizes that art therapy is a
profession which affects the public welfare and that trained art therapists
are more likely to achieve positive treatment outcomes than practitioners
without such training who attempt to use art in the diagnosis and treatment
of patients. The legislature further recognizes that the American Art Therapy
Association provides standards for education and professional competence in
art therapy and that an art therapists who is registered with the Art Therapy
Credentials Board and licensed as a professional counselor in the state of Therefore, it is the purpose of this Act to protect the public and improve mental health outcomes by prohibiting unqualified practitioners from advertising themselves or otherwise holding themselves out to be art therapists. Section 3. Definitions. (a) “Board”
means the entity established by the state of (b) “Art
therapist” means an individual who provides mental health services and is
registered as an art therapist by the Art Therapy Credentials Board and
certified by the state of Section 4.
Certification. (a) The Board is responsible for the certification of art therapists. (b) The Board shall develop and promulgate an application process consistent with the provisions of this Act. (c) The Board shall review and approve or reject all applications for certification submitted to it within 90 days of receipt of the application. (d) When the Board intends to deny an application for certification, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the board for review of its preliminary decision. At the hearing, the burden shall be on the applicant to show that certification should be granted. After the hearing, the board shall affirm or reverse its preliminary denial. Section 5.� Eligibility. To be
eligible for certification as an art therapist, an applicant: (a) Shall submit proof of passage of The Art Therapy Credentials Board (ATCB) Certification Examination given by ATCB. (b) Shall submit proof that he or she is
currently certified as a Registered Art Therapist (ATR) by the Art Therapy
Credentials Board. (c) Shall submit proof that he or she has
earned a master’s degree in art therapy from a graduate program
approved by the American Art Therapy Association at the time of his or her
graduation; Section 6.� Temporary Certification. (a)
Temporary
certification may be issued to a person who applies for certification for the
first time in this state and who submits proof that he or she 1) has earned a master’s degree in art therapy
from a graduate program approved by the American Association of Art
Therapists at the time of his or her graduation;� or 2)
has completed at
least 24 graduate semester credit hours in the core art therapy curriculum as
defined by the American Art Therapy Association (b) Temporary certification may be issued only for the
purpose of allowing an otherwise qualified applicant to practice as an art
therapists until he or she has met the practice requirements for registration
established by the Art Therapy Credentials Board. (c) Temporary certification shall
be issued on payment of the specified fee for a fixed period of time to be
determined by the Board and shall not be renewed except by the board subject to
proof of good and an exceptional cause shown by the applicant. Section 7.� Renewal of Certification. (a)
Certifications shall
be renewable every three years on payment of the renewal fee. (b)
Applicants for
renewal of certification must submit proof that he or she is currently
registered as an Art Therapist by the Art Therapy Credential Board. (c) A certification which has
lapsed may be reinstated on payment of a renewal fee and a late renewal fee.
The applicant shall not be required to pay renewal fees during periods when
certification was lapsed. Section 8.� Revocation of Certification. (a)� Grounds for Denial, Revocation or
Suspension. The Board is authorized to deny, revoke, or suspend a
certification granted pursuant to this Act on the following grounds. 1)
Denial,
revocation or suspension of the art therapist’s license to practice
professional counseling in the state of 2)
Fraudulent
procuring or use of certification; 3)
Occupational
advertising which is intended or has a tendency to deceive the public; 4)
Conduct
which evidences unfitness to practice art therapy. (b) Notice and Hearing. Certification may
not be denied, suspended, or revoked for the reasons set forth in subsection
A of this section without prior notice and opportunity for hearing. The
burden of proof shall be on the Board in any preceding
to suspend or revoke certification. (c)�
A person aggrieved by a determination of the Board may, within 30 days
of the order, appeal that order to the supreme court of the state of (d)��
Reinstatement. Any person whose certification has been suspended or
revoked may apply to the Board, after no less than one (1) year, for vacation
of the suspension or reinstatement of the license. Section 9.� Use of Title. Any person who is
certified as an art therapist in this state shall have the right to use the
title "art therapist" and the abbreviation "A.T." or
“A.T.R.” No other person may assume that title or use that
abbreviation, or any other words, letters, signs, or devices to indicate that
the person using them is an art therapist. Section 10. Fees
Applicants and persons regulated
under this chapter shall pay the following fees: �� (a) Original application for certification
and registration, $100.00. �� (b) Triennial renewal of certification and
registration, $100. Section 11.� Notice of
use of art therapy to be posted
A clinic, hospital or other facility
that utilizes the services of an art therapist shall post a notice to that
effect in a prominent place. Section 12. Penalty
(a) Any person who, not being certified or registered,
holds himself or herself out to the public as being so certified or
registered under this chapter shall be liable for fine of not more than
$1,000.00. (b) In addition to the penalty provided in subsection (a) of this section, the attorney general or a state's attorney may bring a civil action to restrain continuing violations of this section. |
