Sec. 20-195mmm. Art therapists. Use of title.
Sec. 20-195nnn. License required. Title protection.
Sec. 20-195ooo. Qualifications for licensure. Licensure by endorsement. Renewal.
Sec. 20-195ppp. Temporary permit.
Sec. 20-195qqq. Denial of application. Disciplinary action. Grounds.
Sec. 20-195rrr. Reserved
Sec. 20-195mmm. Art therapists. Use of title. As used in this section, section 19a-14 and sections 20-195nnn to 20-195qqq, inclusive:
(1) “Art therapy” means clinical and evidence-based use of art, including art media, the creative process and the resulting artwork, to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an art therapy program approved by the American Art Therapy Association, or any successor of said association;
(2) “Art therapist” means a person who has been licensed as an art therapist pursuant to section 20-195ooo or issued a temporary permit pursuant to section 20-195ppp;
(3) “Commissioner” means the Commissioner of Public Health; and
(4) “Department” means the Department of Public Health.
(P.A. 16-66, S. 36; P.A. 18-168, S. 74; P.A. 19-117, S. 176.)
History: P.A. 18-168 amended Subsec. (a)(2) by deleting reference to bachelor's degree; P.A. 19-117 deleted Subsec. (b) re use of art therapist title, deleted Subsec. (c) re application of provisions in section, deleted Subsec. (a) designator, added reference to Sec. 19a-14, and Secs. 20-195nnn to 20-195qqq, redefined “art therapist” in Subdiv. (2), added Subdiv. (3) defining “Commissioner”, added Subdiv. (4) defining “Department”, and made technical changes.
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Sec. 20-195nnn. License required. Title protection. (a) No person may use the title “art therapist” or “licensed art therapist” or make use of any title, words, letters, abbreviations or insignia that may reasonably be confused with licensure as an art therapist unless such person is licensed pursuant to section 20-195ooo or has been issued a temporary permit pursuant to section 20-195ppp.
(b) The provisions of this section shall not apply to (1) prohibit or restrict any activity or service, including the use of art or art materials, by a person who is licensed or certified by the department of a nationally recognized licensing or certifying organization when acting within the scope of such person's professional training, provided such person does not represent himself or herself to the public as an art therapist or as licensed to practice art therapy pursuant to section 20-195ooo, or (2) a student enrolled in an art therapy educational program at an accredited educational institution, or a graduate art therapy educational program approved by the American Art Therapy Association, or any successor of said association, provided art therapy is an integral part of the student's course of study and such student is acting under the direct supervision of a licensed art therapist.
(P.A. 19-117, S. 177.)
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Sec. 20-195ooo. Qualifications for licensure. Licensure by endorsement. Renewal. (a) On and after October 1, 2019, the Commissioner of Public Health shall grant a license as an art therapist to any applicant who, except as provided in subsections (b) and (c) of this section, furnishes evidence satisfactory to the commissioner that such applicant (1) has earned a graduate degree in art therapy or a related field from an accredited institution of higher education, and (2) holds a current credential or certification as an art therapist from the Art Therapy Credentials Board, or any successor of said board. The commissioner shall develop and provide application forms. The application fee shall be three hundred fifteen dollars.
(b) An applicant for licensure by endorsement shall present evidence satisfactory to the commissioner that the applicant is licensed or certified as an art therapist, or as a person entitled to perform similar services under a different designation, in another state or jurisdiction that has requirements for practicing in such capacity that are substantially similar to, or higher than, those of this state and that there are no disciplinary actions or unresolved complaints pending in this state or any other state.
(c) Licenses issued under this section shall be renewed annually pursuant to section 19a-88. The fee for such renewal shall be one hundred ninety dollars. Each licensed art therapist applying for license renewal shall furnish evidence satisfactory to the commissioner of having a current credential or certification with the Art Therapy Credentials Board, or any successor of said board, and having obtained continuing education units for such credential or certification as required by said board.
(d) (1) Any individual who has been convicted of any criminal offense may request, at any time, that the commissioner determine whether such individual's criminal conviction disqualifies the individual from obtaining a license issued or conferred by the commissioner pursuant to this chapter based on (A) the nature of the conviction and its relationship to the individual's ability to safely or competently perform the duties or responsibilities associated with such license, (B) information pertaining to the degree of rehabilitation of the individual, and (C) the time elapsed since the conviction or release of the individual. An individual making such request shall include (i) details of the individual's criminal conviction, and (ii) any payment required by the commissioner. The commissioner may charge a fee of not more than fifteen dollars for each request made under this subsection. The commissioner may waive such fee.
(2) Not later than thirty days after receiving a request under this subsection, the commissioner shall inform the individual making such request whether, based on the criminal record information submitted, such individual is disqualified from receiving or holding a license issued pursuant to this chapter.
(3) The commissioner is not bound by a determination made under this subsection, if, upon further investigation, the commissioner determines that the individual's criminal conviction differs from the information presented in the determination request.
(P.A. 19-117, S. 178; P.A. 22-88, S. 7.)
History: P.A. 22-88 added Subsec. (d) re provisions for individuals convicted of a criminal offense to request commissioner determination whether such conviction disqualifies them from receiving a license.
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Sec. 20-195ppp. Temporary permit. The Department of Public Health may issue a temporary permit to an applicant for licensure as an art therapist who holds a graduate degree in art therapy or a related field. Such temporary permit shall authorize the holder of the temporary permit to practice art therapy under the general supervision of a licensed art therapist at all times during which the holder of the temporary permit performs art therapy. Such temporary permit shall be valid for a period not to exceed two years after the date of attaining such graduate degree and shall not be renewable. No temporary permit shall be issued under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint in this state or any other state. The commissioner may revoke a temporary permit for good cause, as determined by the commissioner. The fee for a temporary permit shall be fifty dollars.
(P.A. 19-117, S. 179; P.A. 21-26, S. 6.)
History: P.A. 21-26 replaced “three hundred sixty-five calendar days” with “two years”, effective July 1, 2021.
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Sec. 20-195qqq. Denial of application. Disciplinary action. Grounds. The Commissioner of Public Health may deny an application of an individual or take any disciplinary action set forth in section 19a-17 against an art therapist for any of the following reasons: (1) Failure to conform to the accepted standards of the profession; (2) conviction of a felony, provided any action taken is based upon (A) the nature of the conviction and its relationship to the license holder's ability to safely or competently practice as an art therapist, (B) information pertaining to the degree of rehabilitation of the license holder, and (C) the time elapsed since the conviction or release; (3) fraud or deceit in obtaining or seeking reinstatement of a license to practice art therapy; (4) fraud or deceit in the practice of art therapy; (5) negligent, incompetent or wrongful conduct in professional activities; (6) physical, mental or emotional illness or disorder resulting in an inability to conform to the accepted standards of the profession; (7) alcohol or substance abuse; or (8) wilful falsification of entries in any hospital, patient or other record pertaining to art therapy. The commissioner may order a license holder to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17. The commissioner shall give notice and an opportunity to be heard on any contemplated action under section 19a-17.
(P.A. 19-117, S. 180; P.A. 22-88, S. 8.)
History: P.A. 22-88 added provision re application denial and added provisos re felony conviction.
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Sec. 20-195rrr. Reserved for future use.
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