Amends TCA Title 4, Chapter 29, Part 2 and Title 63.

This bill establishes licensure procedures and requirements for licensed professional art therapists and creates the professional art therapist advisory committee of the board of examiners in psychology to regulate the practice of art therapy, as discussed below. "Art therapy" is defined as 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 mental functioning, increase self-awareness and self-esteem, resolve conflicts and distress, and enhance social functioning. This bill requires anyone who desires to obtain licensure as a licensed professional art therapist to apply and submit a fee to the committee, and to meet certain requirements, including: (1) A master's or doctoral degree in art therapy from a program approved by the American Art Therapy Association or accredited by the Commission on Accreditation of Allied Health Education Programs and completion of supervised client contact hours as detailed in this bill; or (2) A master's or doctoral degree from a college or university that was accredited by a national or regional accrediting organization recognized by the Council for Higher Education Accreditation in a program with a graduate-level course of study and clinical training that, as determined by the committee, is equivalent to an approved or accredited program in art therapy, and completion of supervised client contact hours as detailed in this bill; and (3) A passing score on the board certification examination of the Art Therapy Credentials Board, Inc. A person holding a national credential in good standing as a certified art therapist will be deemed to have met the academic requirements for licensure of this section upon submitting an application and fee and providing evidence satisfactory to the advisory committee that the applicant is of good moral character, conducts their professional practice ethically, and has not been the subject of professional disciplinary action (unless the advisory committee finds that the conduct was corrected or there are mitigating circumstances). This bill authorizes the committee to grant a license to any person residing or employed in this state who is licensed by a similar entity in another state whose standards, as determined by the committee, are not less stringent than the standards required by this bill. The committee will also be authorized to enter into a reciprocal agreement with another state or jurisdiction that licenses professional art therapists, if the committee determines that the other state has substantially similar or more stringent licensing requirements than this state. A licensed professional art therapist license will be valid for 24 months from the date of issuance. A license may be renewed by application to the committee, accompanied by payment of a renewal fee a certified or sworn statement that the licensee: (1) Has completed 40 hours of continuing education; (2) Has not had a professional credential revoked, suspended, or restricted by the Art Therapy Credentials Board, Inc.; and (3) Is not the subject of a professional disciplinary investigation or action for unethical or unprofessional conduct in this state or any other regulatory jurisdiction. A license will be revoked if not renewed prior to the expiration date. A licensee may renew an expired license by complying with the renewal requirements within 60 days of the expiration date, after which time the licensee may seek reinstatement of the license upon showing good cause to the advisory committee. This bill prohibits anyone from using the title "licensed professional art therapist," "professional art therapist," or any other title or abbreviation to indicate or imply that the person is licensed or qualified to practice professional art therapy in Tennessee unless the person holds a license issued by the committee. This does not prohibit an associate art therapist from using the title "associate art therapist." This bill prohibits any person from practicing professional art therapy without a license unless the person is: (1) An associate art therapist who uses the title "associate art therapist" and does not represent themselves to the public as a licensed professional art therapist; (2) A student enrolled in a graduate program in art therapy while practicing under qualified supervision and as part of an approved course of study; (3) A person authorized to practice another profession who is acting within their scope of practice. A person who uses a professional designation or practices art therapy without a license in violation of this bill commits a Class B misdemeanor, punishable by a fine only, the suspension or revocation of a license issued under this bill, or both a fine and loss of licensure. This bill authorizes a licensed professional art therapist to practice for and with organizations such as rehabilitation centers, art studios, correctional facilities, and medical hospitals. This bill requires, until the advisory committee establishes the requirements for private outpatient independent practice, a licensed professional art therapist that works in a private, outpatient independent setting to only see a patient that is referred to the therapist by a licensed medical or mental health professional. This bill specifies that it does not authorize licensed art therapists to administer drugs, practice medicine, or perform psychological testing. This bill specifies that it does not prohibit a licensed art therapist from conducting appraisal activities. ADVISORY COMMITTEE This bill creates a three-member professional art therapist advisory committee of the board of examiners in psychology to assist the board in the regulation of the practice of art therapy. The committee is authorized to issue licenses to qualified applicants and to promulgate rules for the implementation of this bill, including, but not limited to, the setting of fees. The governor will be the appointing authority for all three committee members. Committee members must be licensed professional art therapists and be active in the practice or teaching of art therapy in this state at the time of their appointment, with exceptions for initial appointments. The governor must consult with interested art therapy groups, including the Tennessee Art Therapy Association, to determine qualified persons for appointment. The terms of initial appointees will be staggered between one-, two-, and three- year terms. Subsequent appointees will serve three-year terms. This bill specifies that committee members will serve without compensation, but will be entitled to receive necessary travel and other appropriate expenses. This bill requires the division of health related boards in the department of health to provide administrative support to the committee. This bill requires the advisory committee to meet at least twice a year and to hold additional meetings as the committee determines necessary. The full text of this bill specifies various organizational, procedural, and administrative requirements for operation of the committee. This bill requires both the committee and the board of examiners in psychology to approve of any administrative actions taken by the committee in accordance with this bill. This bill requires the committee to establish rules and procedures for licensure and renewal. The committee must establish standards of practice, ethics, and a code of conduct governing the profession, establish reasonable and necessary fees, and maintain a list of licensed professional art therapists. The committee may deny a person's application for a license, restrict, suspend, or revoke an existing license, or take other action that the committee deems proper. ON MARCH 18, 2021, THE SENATE ADOPTED AMENDMENTS #1 AND 2, AND PASSED SENATE BILL 101, AS AMENDED. AMENDMENT #1 changes this bill's effective date for all purposes other than appointing members to the advisory committee from July 1, 2021, to July 1, 2022. This bill will still take effect upon becoming a law for purposes of appointing members to the advisory committee. AMENDMENT #2 removes a reference to a specific association with which this bill would require the governor to consult to determine qualified persons for appointment as advisory committee. This bill instead requires the governor to consult with interested art therapy groups, including, but not limited to, a professional organization that represents the profession of art therapy in Tennessee. This amendment clarifies that this bill will prohibit unlicensed persons from presenting themselves as a "licensed professional art therapist" or "licensed art therapist", rather than "professional art therapist".