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H. B. No. 587 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative McGregor, J.
Cosponsors:
Representatives Setzer, Okey, Harwood, Skindell, Stebelton
A BILL
To enact sections 4757.50 to 4757.64 of the Revised
Code to provide for art therapist certificates.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4757.50, 4757.51, 4757.52, 4757.53,
4757.54, 4757.55, 4757.56, 4757.57, 4757.58, 4757.59, 4757.60,
4757.61, 4757.62, 4757.63, and 4757.64 of the Revised Code be
enacted to read as follows:
Sec. 4757.50. As used in sections 4757.51 to 4757.64 of the
Revised Code:
(A) "Art therapy" means the use of art media, images, and the
creative art process, and an individual's responses to them to
help identify the individual's development, abilities,
personality, interests, concerns, and conflicts for the purpose of
assisting the individual to reconcile emotional conflicts, foster
self-awareness, develop social skills, manage behavior, solve
problems, reduce anxiety, aid reality orientation, or increase
self-esteem.
(B) "Art therapy credentials board" means the art therapy
credentials board of the American art therapy association.
Sec. 4757.51. No person shall do any of the following with
the intent of holding the person out to the public as having an
art therapist certificate unless the person holds a valid art
therapist certificate:
(A) Use the title "art therapist," "certified art therapist,"
or "registered art therapist";
(B) Use the initials "A.T." or "A.T.R.";
(C) Use any other title, initials, or description that
indicates that the person holds an art therapist certificate.
Sec. 4757.52. The counselor, social worker, and marriage and
family therapist board shall prescribe by rule adopted under
Chapter 119. of the Revised Code the application form and
procedures for applying for an art therapist certificate or
temporary art therapist certificate.
Sec. 4757.53. The counselor, social worker, and marriage and
family therapist board shall issue an art therapist certificate to
a person who does both of the following:
(A) Completes and submits to the board the application
prescribed under section 4757.52 of the Revised Code
accompanied
by a one hundred dollar application fee;
(B) Provides evidence satisfactory to the board that shows
all of the following:
(1) That the applicant has passed the art therapy credentials
board certification examination;
(2) That the applicant holds a valid certificate as a
registered art therapist issued by the art therapy credentials
board;
(3) That the applicant earned a master's degree in art
therapy from a graduate program that was approved by the American
art therapy association at the time the master's degree was
earned.
Sec. 4757.54. An art therapist certificate is valid for
three years unless suspended or revoked earlier under section
4757.59 of the Revised Code and may be renewed in accordance with
the standard renewal procedure established under Chapter 4745. of
the Revised Code.
The counselor, social worker, and marriage and family
therapist board shall renew an art therapist certificate if the
certificate holder does all of the following:
(A) Complies with section 4745.02 of the Revised Code;
(B) Provides the board evidence satisfactory to the board
showing that the certificate holder continues to hold a valid
certificate as a registered art therapist with the art therapy
credential board;
(C) Pays a one hundred dollar renewal fee.
Sec. 4757.55. The counselor, social worker, and marriage and
family therapist board shall reinstate a lapsed regular art
therapist certificate if the person who allowed the certificate to
lapse does all of the following:
(A) Applies to the board for reinstatement in accordance with
rules adopted under section 4757.63 of the Revised Code;
(B) Provides the board evidence satisfactory to the board
showing that the certificate holder holds a valid certificate as a
registered art therapist with the art therapy credential board;
(C) Pays the one hundred dollar renewal fee;
(D) Pays the reinstatement fee specified in rules adopted
under section 4757.63 of the Revised Code.
Sec. 4757.56. The counselor, social worker, and marriage and
family therapist board shall issue a temporary art therapist
certificate to a person who does both of the following:
(A) Completes and submits to the board the application
prescribed under section 4757.52 of the Revised Code accompanied
by a one hundred dollar application fee;
(B) Provides evidence satisfactory to the board of either of
the following:
(1) That the applicant earned a master's degree in art
therapy from a graduate program that was approved by the American
art therapy association at the time the master's degree was
earned;
(2) That the applicant completed at least twenty-four
graduate semester credit hours in the core art therapy curriculum
specified by the American art therapy association.
Sec. 4757.57. A temporary art therapist certificate shall be
valid for a period of time specified in rules adopted under
section 4757.63 of the Revised Code unless suspended or revoked
earlier under section 4757.59 of the Revised Code. The counselor,
social worker, and marriage and family therapist board may renew a
temporary art therapist certificate for a period of time specified
in rules adopted under section 4757.51 of the Revised Code if the
certificate holder does all of the following:
(A) Applies to the board for renewal in accordance with rules
adopted under section 4757.63 of the Revised Code;
(B) Provides evidence satisfactory to the board showing that
there is an exceptional need for renewal;
(C) Pays a one hundred dollar renewal fee.
Sec. 4757.58. The counselor, social worker, and marriage and
family therapist board shall issue or deny an art therapist
certificate not later than ninety days after the date an
application is submitted to the board.
Sec. 4757.59. The counselor, social worker, and marriage and
family therapist board may deny, refuse to renew, suspend, or
revoke an art therapist certificate in accordance with Chapter
119. of the Revised Code for any of the following reasons:
(A) The applicant or certificate holder commits fraud in
applying for the certificate;
(B) The certificate holder's advertising is deceptive to the
public;
(C) The applicant or certificate holder engages in conduct
that the board determines makes the applicant or certificate
holder unfit to hold an art therapist certificate.
Sec. 4757.60. A person whose art therapist certificate is
suspended or revoked may apply to the counselor, social worker,
and marriage and family therapist board to end the suspension or
revocation not earlier than one year after the date the board
suspends or revokes the certificate. The board may end the
suspension or revocation if the board determines that ending the
suspension or revocation is in the public interest.
Sec. 4757.61. The counselor, social worker, and marriage and
family therapist board shall investigate alleged violations of
section 4757.51 of the Revised Code. As part of an investigation,
the board may issue subpoenas, examine witnesses, and administer
oaths.
The board may receive any information necessary to conduct an
investigation under this section that has been obtained in
accordance with federal laws and regulations.
The board shall ensure, in accordance with rules adopted
under section 4757.63 of the Revised Code, that all records it
holds pertaining to an investigation remain confidential during
the investigation. After the investigation, the records are public
records except as otherwise provided by federal or state law.
Sec. 4757.62. Any facility, including a hospital or clinic,
that utilizes the services of an individual holding a valid art
therapist certificate for the purpose of providing art therapy
shall post a notice to that effect in a prominent location within
the facility that is accessible to the public.
Sec. 4757.63. The counselor, social worker, and marriage and
family therapist board shall adopt the following rules in
accordance with Chapter 119. of the Revised Code:
(A) Pursuant to section 4757.52 of the Revised Code, the
application form and procedures for applying for an art therapist
certificate or temporary art therapist certificate.
(B) Pursuant to section 4757.55 of the Revised Code,
requirements and fees for the reinstatement of a lapsed regular
art therapist certificate.
(C) Pursuant to section 4757.57 of the Revised Code, duration
of time a temporary art therapist certificate or renewed temporary
certificate is to be valid.
(D) Pursuant to section 4757.60 of the Revised Code,
procedures to ensure that all records the board holds pertaining
to an investigation remain confidential during the investigation.
(E) Any other requirements the board considers necessary to
implement sections 4757.50 to 4757.64 of the Revised Code.
Sec. 4757.64. Whoever violates section 4757.51 of the
Revised Code shall be fined not more than one thousand dollars.
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