A BILL TO BE ENTITLED
AN ACT to establish the art therapy licensure act.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 90 of the General Statutes is amended by adding a new Article to read:
"Article 18E.
"Art Therapy Licensure Act.
"§ 90‑270.80B‑1.  Short title.
This act shall be known and may be cited as the 'Art Therapy Certification Act.'
"§ 90‑270.80B‑2.  Policy and purpose.
The General Assembly recognizes that art therapy is a profession that affects the public welfare and that trained art therapists are more likely to achieve positive treatment outcomes than practitioners without such training who attempt to use art in the diagnosis and treatment of patients. The General Assembly further recognizes that the American Art Therapy Association provides standards for education and professional competence in art therapy and that an art therapist who is registered with the Art Therapy Credentials Board and licensed as a professional counselor in this State is qualified to use art therapy in treatment.
Therefore, it is the purpose of this Article to protect the public and improve mental health outcomes by prohibiting unqualified practitioners from advertising themselves or otherwise holding themselves out to be art therapists unless licensed in accordance with the provisions of this Article.
"§ 90‑270.80B‑3.  Definitions.
The following definitions apply in this Article:
(1)	'Art therapist' means a person licensed to practice art therapy under the provisions of this Article.
(2)	'Art therapy' means the therapeutic use of art making, within a professional relationship, to improve and enhance the physical, mental, and emotional well‑being of individuals experiencing illness, trauma, or challenges in living or seeking personal development.
(3)	'Board' means the North Carolina Board of Art Therapy.
(4)	'License' means a certificate issued by the Board recognizing the person named therein as having met the requirements to practice art therapy as defined in this Article.
(5)	'Licensee' means a person who has been issued a license under this Article.
(6)	'Person' means an individual, corporation, partnership, association, unit of government, or other legal entity.
"§ 90‑270.80B‑4.  License required.
On or after January 1, 2008, it shall be unlawful for any person to practice or offer to practice as an art therapist, perform activities of an art therapist, or use any card, title, such as 'Art Therapist' or 'Licensed Art Therapist,' or abbreviation, including 'A.T.' or 'A.T.R.,' to indicate that the person is an art therapist unless the person is currently licensed as provided by this Article.
"§ 90‑270.80B‑5.  The North Carolina Board of Art Therapy.
(a)	Establishment of Board. – The North Carolina Board of Art Therapy is created. The Board shall consist of seven members who are appointed by the Governor and are residents of this State at the time of and during their appointment, as follows:
(1)	Four members shall be art therapists. Each of these members shall be licensed to practice in North Carolina and have practiced, taught, or engaged in research in art therapy for at least three of the five years immediately preceding appointment to the Board.
(2)	One member shall be a physician in good standing with the North Carolina Medical Board and licensed by and registered with the North Carolina Medical Board to practice medicine in this State.
(3)	One member shall represent the public at large and shall be a person who is not a health care provider licensed under this Chapter or the spouse of a licensed health care provider.
(4)	One member shall be a professional counselor certified or licensed under North Carolina law who is not an art therapist.
In making appointments to the Board, the Governor shall give consideration to geographic distribution, clinical specialty, and other factors that will promote representation of all aspects of art therapy practice.
(b)	Terms. – Members of the Board shall serve four‑year staggered terms. No member shall serve more than two consecutive four‑year terms, unless a member is appointed to fill a vacancy for an unexpired term, then that member may complete the unexpired term and serve one additional four‑year term.
(c)	Vacancies. – In the event a member of the Board cannot complete a term of office, the vacancy shall be filled by appointment by the Governor, in accordance with the procedures set forth in this section, for the remainder of the unexpired term. Vacancies shall be filled by the Governor within 45 days of receipt of notice of vacancy.
(d)	Removal. – The Board may remove any of its members for neglect of duty, incompetence, or unprofessional conduct. A member subject to disciplinary proceedings shall be disqualified from participating in Board business until the charges are resolved.
(e)	Meetings. – Each year the Board shall meet and designate a chairperson, a vice‑chairperson, and a secretary‑treasurer from among its members. The Board may hold additional meetings upon call of the chairperson or any two board members. A majority of the Board membership shall constitute a quorum.
(f)	Compensation. – Members of the Board shall receive no compensation for their services, but shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B‑5.
"§ 90‑270.80B‑6.  Powers and duties of the Board.
The Board shall have the power and duty to:
(1)	Administer this Article.
(2)	Issue interpretations of this Article.
(3)	Adopt, amend, or repeal rules as may be necessary to carry out the provisions of this Article.
(4)	Employ and fix the compensation of personnel that the Board determines is necessary to carry into effect the provisions of this Article and incur other expenses necessary to effectuate this Article.
(5)	Determine the qualifications and fitness of applicants for licensure, licensure renewal, and reciprocal licensure.
(6)	Issue, renew, deny, suspend, or revoke licenses, order probation, issue reprimands, and carry out any other disciplinary actions authorized by this Article.
(7)	Set fees for licensure, reciprocal licensure, licensure renewal, and other services deemed necessary to carry out the purposes of this Article.
(8)	Establish continuing education requirements for licensees.
(9)	Establish a code of ethics for licensees.
(10)	Maintain a current list of all persons who have been licensed under this Article.
(11)	Conduct investigations for the purpose of determining whether violations of this Article or grounds for disciplining licensees exist.
(12)	Maintain a record of all proceedings and make available to all licensees and other concerned parties an annual report of all Board action.
(13)	Adopt a seal containing the name of the Board for use on all official documents and reports issued by the Board.
"§ 90‑270.80B‑7.  Requirements for licensure; denial of license.
(a)	To be eligible for licensure as an art therapist, an applicant shall:
(1)	Submit proof of passage of the Art Therapy Credentials Board (ATCB) Certification Examination given by ATCB.
(2)	Submit proof that he or she is currently certified as a Registered Art Therapist (ATR) by the Art Therapy Credentials Board.
(3)	Submit proof that he or she has earned a master's degree in art therapy from a graduate program approved by the American Art Therapy Association at the time of his or her graduation.
(4)	Submit the applicable fees.
(b)	The Board shall review and approve or reject all applications for licensure submitted to it within 90 days of receipt of the application.
(c)	When the Board intends to deny an application for licensure, it shall send the applicant written notice of its decision by certified mail. The notice shall include a statement of the reasons for the action. Within 30 days of the date that an applicant receives the notice, the applicant may file a petition with the Board for review of its preliminary decision. At the hearing, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the Board shall affirm or reverse its preliminary denial.
"§ 90‑270.80B‑8.  Temporary license.
(a)	Temporary licensure may be issued to a person who applies for licensure for the first time in this State and who submits proof that he or she:
(1)	Has earned a master's degree in art therapy from a graduate program approved by the American Association of Art Therapists at the time of his or her graduation; or
(2)	Has completed at least 24 graduate semester credit hours in the core art therapy curriculum as defined by the American Art Therapy Association.
(b)	Temporary licensure may be issued only for the purpose of allowing an otherwise qualified applicant to practice as an art therapist until he or she has met the practice requirements for licensure established by the Board.
(c)	Temporary licensure shall be issued upon payment of the specified fee for a fixed period of time to be determined by the Board and shall not be renewed except by the Board subject to proof of good and exceptional cause shown by the applicant.
"§ 90‑270.80B‑9.  License renewal.
(a)	Licensure shall be renewable every three years upon payment of the renewal fee.
(b)	A licensee applying for renewal of his or her license shall submit proof that the licensee is currently registered as an art therapist by the Art Therapy Credentials Board.
(c)	A license that has lapsed may be reinstated upon payment of a renewal fee and a late renewal fee. The licensee shall not be required to pay renewal fees during the period the license lapsed.
"§ 90‑270.80B‑10.  Fees.
The Board shall establish fees not exceeding the following amounts:
(1)	License application 	$100.00.
(2)	Triennial renewal of license 	$100.00.
(3)	Late renewal of license 	$50.00.
(4)	Temporary license 	$50.00.
"§ 90‑270.80B‑11.  Disciplinary action by the Board; notice and hearing; reinstatement.
(a)	The Board is authorized to deny, revoke, or suspend a license granted pursuant to this Article on the following grounds:
(1)	Denial, revocation, or suspension of the art therapist's license to practice professional counseling in this State.
(2)	Fraudulent procuring or use of a license issued under this Article.
(3)	Occupational advertising that is intended or has a tendency to deceive the public.
(4)	Conduct that evidences unfitness to practice art therapy.
(b)	The Board may not deny, suspend, or revoke licensure for the reasons set forth in subsection (a) of this section without prior notice and opportunity for hearing. Hearings shall be conducted in accordance with Article 3A of Chapter 150B of the General Statutes.
(c)	Any person whose license has been suspended or revoked may apply to the Board, after not less than one year, for vacation of the suspension or reinstatement of the license in accordance with rules adopted by the Board.
"§ 90‑270.80B‑12.  Notice of use of art therapy to be posted.
A clinic, hospital, or other facility that uses the services of an art therapist shall post a notice to that effect in a prominent place.
"§ 90‑270.80B‑13.  Violations; injunctive relief.
(a)	Any person who violates any provision of this Article shall be guilty of a Class 1 misdemeanor and may be subject to a civil penalty of not more than one thousand dollars ($1,000).
(b)	The Board may apply to the superior court for an order enjoining violations of this Article, and upon a showing by the Board that any person has violated or is about to violate this Article, the court may grant an injunction or restraining order or take other appropriate action."
SECTION 2.  Any person who submits proof to the Board that the person has been actively engaged in business as an art therapist in this State for at least three consecutive years before the effective date of this act and pays the required fee for the issuance of a license shall be licensed without having to satisfy the requirements of G.S. 90‑270.80B‑7, enacted by Section 1 of this act. All persons who do not make application to the Board within one year of the effective date of this act shall be required to complete all requirements prescribed by the Board and to otherwise comply with the provisions of G.S. 90‑270.80B‑7.
SECTION 3.  This act is effective when it becomes law.