As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 587


Representative McGregor, J. 

Cosponsors: Representatives Setzer, Okey, Harwood, Skindell, Stebelton 



A BILL
To enact sections 4757.50 to 4757.64 of the Revised 1
Code to provide for art therapist certificates.2


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 4757.50, 4757.51, 4757.52, 4757.53, 3
4757.54, 4757.55, 4757.56, 4757.57, 4757.58, 4757.59, 4757.60, 4
4757.61, 4757.62, 4757.63, and 4757.64 of the Revised Code be 5
enacted to read as follows:6

       Sec. 4757.50.  As used in sections 4757.51 to 4757.64 of the 7
Revised Code:8

       (A) "Art therapy" means the use of art media, images, and the 9
creative art process, and an individual's responses to them to 10
help identify the individual's development, abilities, 11
personality, interests, concerns, and conflicts for the purpose of 12
assisting the individual to reconcile emotional conflicts, foster 13
self-awareness, develop social skills, manage behavior, solve 14
problems, reduce anxiety, aid reality orientation, or increase 15
self-esteem.16

       (B) "Art therapy credentials board" means the art therapy 17
credentials board of the American art therapy association.18

       Sec. 4757.51.  No person shall do any of the following with 19
the intent of holding the person out to the public as having an 20
art therapist certificate unless the person holds a valid art 21
therapist certificate:22

       (A) Use the title "art therapist," "certified art therapist," 23
or "registered art therapist";24

       (B) Use the initials "A.T." or "A.T.R.";25

       (C) Use any other title, initials, or description that 26
indicates that the person holds an art therapist certificate.27

       Sec. 4757.52.  The counselor, social worker, and marriage and 28
family therapist board shall prescribe by rule adopted under 29
Chapter 119. of the Revised Code the application form and 30
procedures for applying for an art therapist certificate or 31
temporary art therapist certificate.32

       Sec. 4757.53.  The counselor, social worker, and marriage and 33
family therapist board shall issue an art therapist certificate to 34
a person who does both of the following:35

       (A) Completes and submits to the board the application 36
prescribed under section 4757.52 of the Revised Code accompanied 37
by a one hundred dollar application fee;38

       (B) Provides evidence satisfactory to the board that shows 39
all of the following:40

       (1) That the applicant has passed the art therapy credentials 41
board certification examination;42

       (2) That the applicant holds a valid certificate as a 43
registered art therapist issued by the art therapy credentials 44
board;45

       (3) That the applicant earned a master's degree in art 46
therapy from a graduate program that was approved by the American 47
art therapy association at the time the master's degree was 48
earned.49

       Sec. 4757.54.  An art therapist certificate is valid for 50
three years unless suspended or revoked earlier under section 51
4757.59 of the Revised Code and may be renewed in accordance with 52
the standard renewal procedure established under Chapter 4745. of 53
the Revised Code.54

       The counselor, social worker, and marriage and family 55
therapist board shall renew an art therapist certificate if the 56
certificate holder does all of the following:57

       (A) Complies with section 4745.02 of the Revised Code;58

       (B) Provides the board evidence satisfactory to the board 59
showing that the certificate holder continues to hold a valid 60
certificate as a registered art therapist with the art therapy 61
credential board;62

       (C) Pays a one hundred dollar renewal fee.63

       Sec. 4757.55.  The counselor, social worker, and marriage and 64
family therapist board shall reinstate a lapsed regular art 65
therapist certificate if the person who allowed the certificate to 66
lapse does all of the following:67

       (A) Applies to the board for reinstatement in accordance with 68
rules adopted under section 4757.63 of the Revised Code;69

       (B) Provides the board evidence satisfactory to the board 70
showing that the certificate holder holds a valid certificate as a 71
registered art therapist with the art therapy credential board;72

       (C) Pays the one hundred dollar renewal fee;73

       (D) Pays the reinstatement fee specified in rules adopted 74
under section 4757.63 of the Revised Code.75

       Sec. 4757.56.  The counselor, social worker, and marriage and 76
family therapist board shall issue a temporary art therapist 77
certificate to a person who does both of the following:78

       (A) Completes and submits to the board the application 79
prescribed under section 4757.52 of the Revised Code accompanied 80
by a one hundred dollar application fee;81

       (B) Provides evidence satisfactory to the board of either of 82
the following:83

       (1) That the applicant earned a master's degree in art 84
therapy from a graduate program that was approved by the American 85
art therapy association at the time the master's degree was 86
earned;87

       (2) That the applicant completed at least twenty-four 88
graduate semester credit hours in the core art therapy curriculum 89
specified by the American art therapy association.90

       Sec. 4757.57.  A temporary art therapist certificate shall be 91
valid for a period of time specified in rules adopted under 92
section 4757.63 of the Revised Code unless suspended or revoked 93
earlier under section 4757.59 of the Revised Code. The counselor, 94
social worker, and marriage and family therapist board may renew a 95
temporary art therapist certificate for a period of time specified 96
in rules adopted under section 4757.51 of the Revised Code if the 97
certificate holder does all of the following:98

       (A) Applies to the board for renewal in accordance with rules 99
adopted under section 4757.63 of the Revised Code;100

       (B) Provides evidence satisfactory to the board showing that 101
there is an exceptional need for renewal;102

       (C) Pays a one hundred dollar renewal fee.103

       Sec. 4757.58.  The counselor, social worker, and marriage and 104
family therapist board shall issue or deny an art therapist 105
certificate not later than ninety days after the date an 106
application is submitted to the board. 107

       Sec. 4757.59.  The counselor, social worker, and marriage and 108
family therapist board may deny, refuse to renew, suspend, or 109
revoke an art therapist certificate in accordance with Chapter 110
119. of the Revised Code for any of the following reasons:111

       (A) The applicant or certificate holder commits fraud in 112
applying for the certificate;113

       (B) The certificate holder's advertising is deceptive to the 114
public;115

       (C) The applicant or certificate holder engages in conduct 116
that the board determines makes the applicant or certificate 117
holder unfit to hold an art therapist certificate.118

       Sec. 4757.60.  A person whose art therapist certificate is 119
suspended or revoked may apply to the counselor, social worker, 120
and marriage and family therapist board to end the suspension or 121
revocation not earlier than one year after the date the board 122
suspends or revokes the certificate. The board may end the 123
suspension or revocation if the board determines that ending the 124
suspension or revocation is in the public interest.125

       Sec. 4757.61.  The counselor, social worker, and marriage and 126
family therapist board shall investigate alleged violations of 127
section 4757.51 of the Revised Code. As part of an investigation, 128
the board may issue subpoenas, examine witnesses, and administer 129
oaths.130

       The board may receive any information necessary to conduct an 131
investigation under this section that has been obtained in 132
accordance with federal laws and regulations. 133

       The board shall ensure, in accordance with rules adopted 134
under section 4757.63 of the Revised Code, that all records it 135
holds pertaining to an investigation remain confidential during 136
the investigation. After the investigation, the records are public 137
records except as otherwise provided by federal or state law.138

       Sec. 4757.62.  Any facility, including a hospital or clinic, 139
that utilizes the services of an individual holding a valid art 140
therapist certificate for the purpose of providing art therapy 141
shall post a notice to that effect in a prominent location within 142
the facility that is accessible to the public.143

       Sec. 4757.63.  The counselor, social worker, and marriage and 144
family therapist board shall adopt the following rules in 145
accordance with Chapter 119. of the Revised Code:146

       (A) Pursuant to section 4757.52 of the Revised Code, the 147
application form and procedures for applying for an art therapist 148
certificate or temporary art therapist certificate.149

       (B) Pursuant to section 4757.55 of the Revised Code, 150
requirements and fees for the reinstatement of a lapsed regular 151
art therapist certificate.152

       (C) Pursuant to section 4757.57 of the Revised Code, duration 153
of time a temporary art therapist certificate or renewed temporary 154
certificate is to be valid.155

       (D) Pursuant to section 4757.60 of the Revised Code, 156
procedures to ensure that all records the board holds pertaining 157
to an investigation remain confidential during the investigation.158

       (E) Any other requirements the board considers necessary to 159
implement sections 4757.50 to 4757.64 of the Revised Code.160

       Sec. 4757.64.  Whoever violates section 4757.51 of the 161
Revised Code shall be fined not more than one thousand dollars.162