70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3830
Senate Bill 1137
Sponsored by Senator SHIELDS (at the request of Marylhurst
University Department of Art Therapy)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Regulates practice of professional art therapy. Creates Art
Therapy Licensing Board. Creates civil and criminal penalties.
A BILL FOR AN ACT
Relating to professional art therapy; and appropriating money.
Whereas art therapy is a human service profession utilizing art
media, images, the creative art process and patient responses to
the created products as reflections of the patient's development,
abilities, personality, interests, concerns and conflicts; and
Whereas art therapy is based on knowledge of human development
and psychological theories that are implemented in the full
spectrum of models of assessment and treatment, including
educational, psychodynamic, cognitive and other therapeutic means
of reconciling emotional conflicts, fostering self-awareness,
developing social skills, managing behavior, solving problems,
reducing anxiety, aiding reality orientation and increasing
self-esteem; and
Whereas art therapy is an effective treatment for the
developmentally, medically, educationally, socially or
psychologically impaired and is practiced in mental health,
rehabilitative, medical, educational and forensic institutions;
and
Whereas populations of all ages, races and ethnic backgrounds
are served by art therapists in formats involving individuals,
couples, families and groups; and
Whereas it is desirable to regulate the practice of art therapy
and the use of professional art therapist titles, create a
professional art therapist licensing board, prescribe the duties
and powers of that board, provide for the examination, licensure
and regulation of professional art therapists, establish minimum
academic degree requirements for professional art therapists,
establish guidelines and procedures for the revocation or
suspension of licenses, fix penalties for violations, impose
licensing fees and provide for the use of moneys generated by
those fees; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 1 to 19 of this 1999 Act may be cited
as the Professional Art Therapy Licensing Act. + }
{ +
DEFINITIONS + }
SECTION 2. { + As used in sections 1 to 19 of this 1999 Act:
(1) 'Art therapy' means the utilization by a professional art
therapist of art media, images, creative art processes and an
individual's responses to created products as reflections of the
individual's development, abilities, personality, interests,
concerns and conflicts in reconciling emotional conflicts,
fostering self-awareness, developing social skills, managing
behavior, solving problems, reducing anxiety, aiding reality
orientation or increasing self-esteem in the individual.
(2) 'Professional art therapist' means a person licensed to
practice art therapy under sections 1 to 19 of this 1999 Act.
(3) 'Supervision' means oversight by a professional art
therapist having at least five years of clinical experience. + }
{ +
LICENSE REQUIREMENT + }
SECTION 3. { + (1) A person shall not practice art therapy in
this state, use the title 'professional art therapist,' or
letters or abbreviations designating a professional art
therapist, or otherwise hold themselves out to the public as
qualified to practice art therapy unless licensed as a
professional art therapist by the Art Therapy Licensing Board.
(2) Notwithstanding subsection (1) of this section, a license
is not required for:
(a) A person who is practicing under supervision in order to
accumulate the number of practice hours required to take the
board approved examination; or
(b) A student enrolled in a graduate level art therapist
training program and rendering services under supervision. + }
{ +
APPLICATIONS FOR LICENSURE + }
SECTION 4. { + An applicant for licensure as a professional
art therapist shall:
(1) Have attained the age of 21 years;
(2) Submit the application fee to the Art Therapy Licensing
Board; and
(3) Pass an examination approved by the board. The examination
shall be conducted at least annually. + }
{ +
LICENSE TERMS + }
SECTION 5. { + (1) Except as provided in section 16 of this
1999 Act, the Art Therapy Licensing Board shall issue a license
to each applicant who passes a board approved examination and
submits the licensing fee.
(2) A license issued under this section shall expire on May 31
in the second year following the year of issuance.
(3) Prior to the expiration of a license, the licensee may
apply for renewal by paying the renewal fee and providing proof
that the licensee has complied with the continuing education
requirement and any other requirements established by rule of the
board. A license not renewed by June 1 of the expiration year
shall lapse.
(4) The board may renew a lapsed license upon payment of a
delinquency fee and any due or overdue renewal fees and proof
that the licensee has acquired at least 20 continuing education
credits for each year since the previous issuance or renewal.
However, if a license is lapsed for more than three years, it
shall not be renewed.
(5) The board shall maintain as a public record a registry of
persons licensed by the board. + }
{ +
LICENSURE WITHOUT EXAMINATION + }
SECTION 6. { + (1) The Art Therapy Licensing Board may license
an applicant without examination if the applicant is currently
licensed in another state or territory and the qualifications for
licensure in that state or territory are at least as strict as
the requirements for licensure in this state.
(2) An applicant under this section must be in good standing
with the licensing board of the other state or territory. No
license shall be issued to an applicant under investigation for
an act that could result in disciplinary action if committed in
this state. + }
{ +
CONTINUING EDUCATION + }
SECTION 7. { + (1) The continuing education requirement for
each renewal of a license as a professional art therapist is 40
or more credits. The Art Therapy Licensing Board shall determine
the activities that qualify for continuing education credit and
the amount of credit given for each activity.
(2) Continuing education credits obtained in lectures,
workshops or educational programs must be received from a board
approved provider or from an accredited college or university.
Candidates must retain evidence of attendance at lectures,
workshops or other board approved programs and must present the
board with evidence of attendance upon request.
(3) Credits earned prior to initial licensure may not be used
as continuing education credits. Credits earned in excess of 40
hours per licensing period may be carried over for application to
following periods. + }
{ +
PROFESSIONAL DISCLOSURE STATEMENTS + }
SECTION 8. { + (1) A person licensed as a professional art
therapist under sections 1 to 19 of this 1999 Act shall:
(a) Furnish a professional disclosure to the patient before
rendering services. If payment is received in advance of
rendering services, the professional art therapist shall supply
the professional disclosure statement to the patient prior to
collecting any fee or remuneration;
(b) Make copies of the professional disclosure statement
available to the patient upon request; and
(c) Post a copy of the professional disclosure statement in a
conspicuous location at the site where professional art therapy
services are being performed.
(2) A professional disclosure statement shall contain:
(a) The name, title, business address and business telephone
number of the professional art therapist;
(b) The formal professional education of the professional art
therapist, including the institutions attended and degrees
received from those institutions;
(c) Areas of specialization and services available;
(d) The fee schedule for each available service, if the
professional art therapist is in private practice; and
(e) The words 'This information is required by the Art Therapy
Licensing Board, which regulates all licensed professional art
therapists' near the bottom of the first page, followed
immediately by the name, address and telephone number of the Art
Therapy Licensing Board. + }
{ +
ESTABLISHMENT OF BOARD + }
SECTION 9. { + (1) There is established in the Health Division
the Art Therapy Licensing Board consisting of five members
appointed by the Governor.
(2) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on January 1 next following. A member
is eligible for reappointment but no member shall serve more than
two consecutive terms. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately
effective for the unexpired term.
(3) The appointment of the board is subject to confirmation by
the Senate in the manner prescribed in ORS 171.562 and 171.565.
(4) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
{ +
BOARD MEMBERSHIP + }
SECTION 10. { + (1) The members of the Art Therapy Licensing
Board must be citizens of this state who are well informed on the
principles of art therapy. Four shall be licensed in this state
as professional art therapists and shall have no less than five
years of experience in art therapy at the time of appointment.
One member shall be a public member representing consumers.
(2) Neither the public member nor anyone in the immediate
family of the public member shall be employed by or hold any
financial interest in a business or organization engaging in art
therapy practice. + }
{ +
OFFICERS; QUORUM; MEETINGS + }
SECTION 11. { + (1) The Art Therapy Licensing Board shall
select one of its members as chairperson and another as vice
chairperson, each selection being for a term of one year or until
a successor is selected, with duties and powers necessary for the
performance of the functions of those offices as the board
determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at least once every six months at a
place, day and hour determined by the board. The board also shall
meet at other times and places specified by the call of the
chairperson or of a majority of the members of the board. + }
{ +
EMPLOYEES + }
SECTION 12. { + (1) The Art Therapy Licensing Board shall
appoint a director to serve at the pleasure of the board. The
director shall have the following qualifications:
(a) Education or training in the field of human development or
psychology; and
(b) Education or training in business or governmental
administration.
(2) The designation of the director must be by written order,
filed with the Secretary of State.
(3) Subject to any applicable provisions of the State Personnel
Relations Law, the director shall appoint all subordinate
officers and employees of the board, prescribe their duties and
fix their compensation. + }
{ +
AUTHORITY TO ISSUE RULES + }
SECTION 13. { + In accordance with applicable provisions in
ORS 183.310 to 183.550, the Art Therapy Licensing Board may adopt
rules:
(1) Relating to the professional methods and procedures used by
persons licensed by the board;
(2) Establishing ethical standards for persons licensed by the
board;
(3) Governing the examination of applicants for licenses issued
by the board and the renewal, suspension and revocation of the
licenses;
(4) Relating to the approval of continuing education
activities;
(5) Governing the investigation of complaints and the taking of
disciplinary action; and
(6) Regarding any matter that the board reasonably believes
necessary and proper for carrying out the administration and
enforcement of sections 1 to 19 of this 1999 Act. + }
{ +
CRIMINAL PENALTIES + }
SECTION 14. { + Violation of the provisions of sections 1 to
19 of this 1999 Act or of any rule adopted by the Art Therapy
Licensing Board is a Class C misdemeanor. + }
{ +
OATHS; WITNESSES; SUBPOENAS + }
SECTION 15. { + The Art Therapy Licensing Board and the
director and authorized representatives of the board may
administer oaths, take depositions and issue subpoenas to compel
the attendance of witnesses and the production of documents or
other written information necessary to carry out the provisions
of sections 1 to 19 of this 1999 Act. If any person fails to
comply with a subpoena issued under this section or refuses to
testify on matters on which the person lawfully may be
interrogated, the procedure set out in ORS 183.440 shall be
followed to compel obedience. + }
{ +
GROUNDS FOR DISCIPLINARY ACTION + }
SECTION 16. { + The Art Therapy Licensing Board may suspend,
revoke, condition, restrict, refuse to issue or refuse to renew a
license if the licensee violates any provision of sections 1 to
19 of this 1999 Act or the rules adopted by the board. + }
{ +
CIVIL PENALTIES + }
SECTION 17. { + (1) In addition to any other liability or
penalty provided by law, except as provided under section 18 of
this 1999 Act, the Art Therapy Licensing Board may impose a civil
penalty on a person who violates a provision of sections 1 to 19
of this 1999 Act.
(2) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.090.
(3) All penalties recovered under this section shall be paid
into the General Fund of the State Treasury and credited to the
Health Division Account, and those moneys are appropriated
continuously and shall be used only for the administration and
enforcement of sections 1 to 19 of this 1999 Act. + }
SECTION 18. { + (1) After public hearing, the Art Therapy
Licensing Board by rule shall adopt a schedule establishing the
civil penalties that may be imposed under section 17 of this 1999
Act. For a first violation, the board shall issue a warning
notice. The board may impose a civil penalty not to exceed $200
upon a second violation and may impose a civil penalty not to
exceed $1,000 upon third and subsequent violations.
(2) In imposing a civil penalty pursuant to the schedule
adopted pursuant to subsection (1) of this section, the board
shall consider the following factors:
(a) The past history of the person incurring a penalty in
taking all feasible steps or procedures necessary or appropriate
to correct any violation.
(b) Any prior violations of the statute or rule.
(c) The economic or financial condition of the person incurring
the penalty.
(d) The immediacy and extent of the threat that the violation
holds for the public health or safety.
(3) The board may remit or reduce a civil penalty upon terms or
conditions as the board considers proper and consistent with the
public health and safety. + }
{ +
CRIMINAL PROSECUTIONS + }
SECTION 19. { + (1) The district attorney shall prosecute all
persons charged with violations of any of the provisions of
sections 1 to 19 of this 1999 Act. The director of the Art
Therapy Licensing Board shall aid the district attorney in the
enforcement of sections 1 to 19 of this 1999 Act.
(2) The director of the board may notify art therapy licensing
boards in other states and professional organizations registering
art therapists of disciplinary actions taken against a licensee
under sections 1 to 19 of this 1999 Act. + }
{ +
TEMPORARY BOARD MEMBERSHIP PROVISIONS + }
SECTION 20. { + (1) Notwithstanding the term of office
specified by section 9 of this 1999 Act, of the members first
appointed to the the Art Therapy Licensing Board:
(a) One shall serve for a term ending January 1, 2001.
(b) Two shall serve for terms ending January 1, 2002.
(c) Two shall serve for terms ending January 1, 2003.
(2) Notwithstanding section 10 of this 1999 Act, the licensing
and experience requirements for professional art therapist
members of the board shall not apply to appointments to terms
beginning before January 1, 2006. + }
SECTION 21. { + The unit captions used in this 1999 Act are
provided only for convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 1999 Act. + }
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