HOUSE BILL NO. 4514

May 04, 2023, Introduced by Reps. Markkanen, Paiz, Byrnes, Martus, Glanville, Brixie, Breen, Coleman, Dievendorf and MacDonell 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:


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Sec. 16324b. (1) Fees for an individual who is licensed or seeking licensure to engage in the practice of clinical art therapy under part 169B are as follows:


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(a) Subject to subsection (2), application processing fee....................................................... $200.00

(b) Examination fee................................... 200.00

(c) License fee, per year............................. 100.00

(2) After the department receives more than a total of $23,000.00 in application processing fees from individuals who are licensed or seeking licensure to engage in the practice of clinical art therapy, the application processing fee is reduced to $75.00.

PART 169B

ART THERAPY

Sec. 16971. As used in this part:

(a) "Art therapy" means the integrated application of psychotherapeutic principles and methods with specialized training in visual art media, the neurobiological implications of art making and the creative process, and art-based assessment models to assist individuals, families, or groups to improve cognitive and sensory-motor functions, increase self-awareness and self-esteem, cope with grief and traumatic experience, resolve conflicts and distress, and enhance social functioning. The term includes therapeutic interventions to facilitate alternative modes of receptive and expressive communication and evaluation and assessment to define and implement art-based treatment plans to address cognitive, behavioral, developmental, and emotional needs.

(b) "Art therapy certified supervisor" means a certified art therapist who holds a credential as an art therapy certified supervisor from the Art Therapy Credentials Board or a successor organization and who is approved by the board under section 16977.

(c) "Certified art therapist" means an individual who holds a board certification in art therapy from the Art Therapy Credentials


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Board or a successor organization.

(d) "Client" means an individual who is the recipient of art therapy services provided by a clinical art therapist or a limited license clinical art therapist.

(e) "Clinical art therapist" means an individual who is licensed or otherwise authorized under this article to engage in the practice of clinical art therapy.

(f) "Credentialed art therapist" means an individual who is a certified art therapist or is designated as a registered art therapist by the Art Therapy Credentials Board or a successor organization.

(g) "Limited license clinical art therapist" means an individual who has been granted a limited license under section 16979 to engage in the practice of clinical art therapy under supervision.

(h) "Practice of clinical art therapy" means providing or offering to provide art therapy and appraisal activities, as an independent or adjunctive therapist, to an individual, family, or group using the application of art therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of cognitive, developmental, emotional, and behavioral disabilities and conditions. Practice of clinical art therapy does not include the administration and interpretation of psychological tests except for those tests that are consistent with the individual's education and training and the professional code of ethics for professional art therapists.

(i) "Privileged communication" means any information, including, but not limited to, client records, artwork, verbal or artistic expressions, assessment results, or assessment


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interpretations, developed during a professional relationship between a clinical art therapist or limited license clinical art therapist and a client.

Sec. 16973. (1) Beginning 1 year after the effective date of this part, only an individual who is licensed under this part may engage in the practice of clinical art therapy or use the title "clinical art therapist", "licensed clinical art therapist", or "limited license clinical art therapist" or the initials "l.c.a.t." or "l.l.c.a.t.".

(2) Unless an individual is exempt under section 16975, only an individual who is licensed under this part may represent that the individual offers clinical art therapy, licensed art therapy, art therapy, or a service of similar import or effect that is included in the practice of clinical art therapy.

Sec. 16975. (1) This part does not apply to any of the following:

(a) A member of an organization who is providing art therapy, if both of the following are met:

(i) Providing art therapy is incidental to the religious or spiritual practices performed by the member under the auspices or recognition of the organization.

(ii) The member does not represent themself as a clinical art therapist who is licensed under this part.

(b) An individual who, during the 2-year period beginning on the effective date of the rules implementing this part, meets both of the following:

(i) Is a credentialed art therapist who is licensed under another part.

(ii) Does not represent themself as a clinical art therapist


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who is licensed under this part.

(c) A student who is engaged in the practice of clinical art therapy, under qualified supervision, as part of a clinical internship in an approved or accredited program of art therapy described in section 16977(1)(a) or a substantially equivalent program described in section 16977(1)(a) and (2).

(2) This part does not prevent or restrict an individual who is licensed under any other part or act from engaging in any activity or practice, including use of art or art materials, if both of the following are met:

(a) The practice or activity is consistent with the individual's licensed scope of practice and professional training.

(b) The individual does not represent that the activity or practice is art therapy or represent themself as a clinical art therapist or as authorized under this part to engage in the practice of clinical art therapy.

Sec. 16976. (1) The board of clinical art therapists is created in the department. The board shall consist of the following voting members who meet the requirements of part 161, as follows:

(a) Except as otherwise provided in this subdivision, 4 clinical art therapists. Beginning 4 years after the first members are appointed to the board, 6 clinical art therapists.

(b) Three public members.

(2) The terms of office of individual members of the board created under this part, except those appointed to fill vacancies, expire 4 years after appointment on June 30 of the year in which the term expires.

Sec. 16977. (1) Subject to this section, the board shall grant a license as a clinical art therapist to an individual who meets


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the requirements of section 16174 and provides satisfactory evidence to the board that the individual meets all of the following requirements:

(a) Has a master's or doctoral degree from a regionally or nationally accredited college or university in a program in art therapy that was either approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs at the time the degree was conferred; or, subject to subsection (2), a program that the board determines is substantially equivalent to an approved or accredited program in art therapy.

(b) Has completed at least 2 years of postgraduate, supervised clinical experience in art therapy that meets the requirements of subsection (3).

(c) Has demonstrated competence in the practice of professional art therapy by passing the board certification examination administered by the Art Therapy Credentials Board or an equivalent examination as determined by the board.

(2) For purposes of subsection (1)(a), the board shall not determine that a program in art therapy is substantially equivalent to an approved or accredited program described in subsection (1)(a) unless the board finds that the program includes graduate-level coursework and supervised field experience that meet the requirements to qualify for a credential as a registered art therapist established by the Art Therapy Credentials Board or equivalent requirements as determined by the board.

(3) To be eligible for licensure as a clinical art therapist, an individual must successfully complete post-master's degree paid or volunteer supervised work experience and training in the


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delivery and treatment of cognitive, emotional, developmental, or behavioral disabilities and conditions in children or adults. Subject to subsections (6) and (7), the supervised experience required under this section must meet all of the following requirements:

(a) The supervised experience must include at least 1,000 hours of direct contact with clients, with at least the first 500 hours of direct client contact conducted under the supervision of an art therapy certified supervisor. On or before 3 years after the effective date of the rules implementing this part, the board may allow a certified art therapist to supervise the first 500 hours of direct client contact. The remaining hours of direct client contact may be supervised by an art therapy certified supervisor, certified art therapist, or other licensed practitioner with a master's degree or higher in a related mental health field, as determined by the board.

(b) The supervised experience must include at least 100 hours of direct supervision, with at least 50 of those hours of supervision provided by an approved art therapy certified supervisor. On or before 3 years after the effective date of the rules implementing this part, the board may allow a certified art therapist to supervise the first 50 hours of supervision. The supervision must be evenly distributed over the course of the supervised experience and may include supervision by telephone or by audio or audiovisual electronic device, as determined by the board.

(c) The supervised experience must be completed in no fewer than 24 consecutive months and not more than 72 consecutive months, as determined by the board.


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(4) An individual is eligible for approval by the board as an art therapy certified supervisor if the individual is a certified art therapist or a licensed professional clinical counselor who is a certified art therapist. An individual who is seeking approval as an art therapy certified supervisor must do all of the following:

(a) Submit an application, in the form prescribed by the board, and at least 1 letter of recommendation from a certified art therapist that attests to the individual's competence to provide art therapy supervision.

(b) Have completed at least 3 years of postlicensure professional experience. On or before 3 years after the effective date of the rules implementing this part, the board may waive this requirement for an applicant who has maintained his or her status as a certified art therapist for the 3 years preceding the date of the application.

(c) Demonstrate successful completion of a graduate-level course in clinical supervision of at least 3 semester credit hours, or the equivalent number of credits for a quarter or term as determined by the board, from a regionally or nationally accredited college or university, or a minimum of 35 continuing education credits that involve courses or training in art therapy supervision.

(5) The board may waive the requirements of subsection (1) and grant a license as a clinical art therapist to an individual who, on or before 1 year after the effective date of the rules implementing this part, submits an application, in a form established by the board, and provides satisfactory evidence to the board that the individual meets all of the following:

(a) Satisfies the requirements of section 16174.


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(b) Holds a credential as a registered art therapist by the Art Therapy Credentials Board or meets the requirements for that credential or its equivalent, as determined by the board.

(c) Has completed at least 5 years of professional practice in art therapy, as determined by the board.

(6) The board may require an additional 500 hours of supervised field experience for an applicant who graduated from a program described in subsection (1)(a) that, at the time of graduation, was not accredited by the Commission on Accreditation of Allied Health Education Programs.

(7) A doctoral internship may be applied toward the supervised experience required under this section.

Sec. 16979. (1) The board shall grant a limited license as a limited license clinical art therapist to an individual to permit that individual to obtain the supervised experience required under section 16977(1)(b). The board shall not renew a limited license granted under this section for more than 6 years.

(2) An applicant for a limited license as a limited license clinical art therapist must meet both of the following requirements:

(a) Hold a master's or doctoral degree in art therapy that meets the requirements of section 16977(1)(a).

(b) Submit a notarized written application, in a form established by the board, that describes the plan for clinical practice to be conducted under supervision that meets the requirements of section 16977(3).

(3) An individual who holds a limited license as a limited license clinical art therapist under this section shall do all of the following:


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(a) Use only the title "limited license clinical art therapist".

(b) Not represent that the individual is engaged in independent practice of clinical art therapy or is licensed as a clinical art therapist.

(c) Practice only under the supervision of an art therapy certified supervisor.

(d) Confine his or her practice to an organized health care setting or other arrangement approved by the board.

Sec. 16981. Subject to section 16204, the board shall by rule establish criteria for completion of continuing education for the practice of clinical art therapy as a condition for license renewal, which must include the continuing education requirements of the Art Therapy Credentials Board to maintain board certification as a certified art therapist.

Sec. 16983. (1) Except as provided in subsection (2), a privileged communication may be disclosed only with the written consent of the client, or the client's parent or guardian, if applicable.

(2) The privilege established in this section is waived only if 1 of the following circumstances occurs:

(a) If disclosure is required by law or necessary to protect the health or safety of an individual.

(b) If the clinical art therapist is a party defendant to a civil, criminal, or administrative action arising from services performed as a licensee, in which case the waiver is limited only to that action.

(c) If a waiver that specifies the terms of disclosure is obtained in writing from a client or the client's parent or


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guardian, if applicable, and then only in accordance with the terms of the written waiver. If more than 1 individual is involved in the art therapy performed, the privilege is not waived for any individual unless all individuals, or an individual's parent or guardian, if applicable, have executed the written waiver.

(d) If express written consent that establishes rules for disclosure of privileged communications involving public use, display, recording, or reproduction of client art expression and therapy sessions is obtained from the client, or the client's parent or guardian, if applicable, and then only within the terms of that written consent.

(3) A clinical art therapist and limited license clinical art therapist may use a privileged communication in teaching, writing, electronic formats, or public presentations only if a written waiver or consent has been previously obtained from the client, or the client's parent or legal guardian, if applicable, and only for the specific uses and communications formats designated in the written waiver or consent. If a waiver is provided under this subsection, the clinical art therapist or limited license clinical art therapist shall ensure that appropriate steps are taken to protect client identity and disguise any part of the notes, art expression, or audio or video recording that reveals client identity unless the client, or client's parent or guardian, if applicable, designates in the signed consent that the client's identity may be revealed.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.