HB 5019

Abstract

Creates the Art Therapy Licensing and Practice Act. Provides for licensure of licensed clinical professional art therapists and licensed associate art therapists by the Department of Financial and Professional Regulation. Establishes the Art Therapy Advisory Board. Establishes the powers and duties of the Advisory Board, including advising the Department of Financial and Professional Regulation on all matters pertaining to licensure, education, and continuing education requirements for licensees. Establishes the powers and duties of the Department, including prescribing rules defining what constitutes an appropriate curriculum for art therapy, reviewing the qualifications of applicants for licenses, investigating alleged violations of the Act, conducting hearings on disciplinary and other matters, and establishing a schedule of fees for the administration and enforcement of the Act. Establishes qualifications for licensure as a licensed clinical professional art therapist and licensed associate art therapist. Establishes grounds for discipline of a licensee. Provides for civil and criminal penalties for violations of the Act. Provides for formal hearings, including transcripts of proceedings, appointment of hearing officers, subpoenas and depositions, and rehearings. Provides for judicial review of all final administrative decisions of the Department. Preempts home rule powers by providing that regulation and licensing of professional art therapists are exclusive powers and functions of the State. Amends the Regulatory Sunset Act to repeal the Art Therapy Licensing and Practice Act on January 1, 2030. Amends the Abused and Neglected Child Reporting Act to provide that licensed clinical professional art therapists and licensed associate art therapists are mandatory reporters under the Act.