Revision: March 6, 2018, 8:20 a.m.
SB 535-FN - AS AMENDED BY THE SENATE
02/15/2018 0522s
2018 SESSION
18-2854
10/01
SENATE BILL 535-FN
SPONSORS: Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Rep. P. Schmidt, Straf. 19
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill regulates persons engaged in the practice of professional art therapy and establishes an advisory council on alternative mental health therapies. The bill also credits revenue from the sales of commemorative liquor bottles until December 31, 2019 to the New Hampshire state house bicentennial education and commemoration fund.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/15/2018 0522s 18-2854
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Professional Art Therapy. Amend RSA by inserting after chapter 326-K the following new chapter:
CHAPTER 326-L
PROFESSIONAL ART THERAPY
326-L:1 Definitions. In this chapter:
I. "Executive director" means the executive director of the office of professional licensure and certification.
II. "Office" means the office of professional licensure and certification.
III. "Professional art therapy" means the integrated use of psychotherapeutic principles, art media, and the creative process to assist individuals, families, or groups in:
(a) Increasing awareness of self and others;
(b) Coping with symptoms, stress, and traumatic experiences;
(c) Enhancing cognitive abilities; and
(d) Identifying and assessing clients' needs in order to implement therapeutic intervention to meet developmental, behavioral, mental, and emotional needs.
IV. "Practice of professional art therapy" means to engage professionally and for compensation in art therapy and appraisal activities by providing services involving the application of art therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions that includes, but is not limited to:
(a) Clinical appraisal and treatment activities during individual, couples, family, or group sessions which provide opportunities for expression through the creative process;
(b) Using the process and products of art creation to tap into a client's inner fears, conflicts, and core issues with the goal of improving physical, mental, and emotional functioning and well-being;
(c) Using diagnostic art therapy assessments to determine treatment goals and implement therapeutic art interventions which meet developmental, mental, and emotional needs; and
(d) Employing art media, the creative process, and the resulting artwork to assist clients to:
(1) Reduce psychiatric symptoms of depression, anxiety, post-traumatic stress, and attachment disorders;
(2) Enhance neurological, cognitive, and verbal abilities, develop social skills, aid sensory impairments, and move developmental capabilities forward in specific areas;
(3) Cope with symptoms of stress, anxiety, traumatic experiences, and grief;
(4) Explore feelings, gain insight into behaviors, and reconcile emotional conflicts;
(5) Improve or restore functioning and a sense of personal well-being;
(6) Increase coping skills, self-esteem, awareness of self, and empathy for others;
(7) Healthy channeling of anger and guilt; and
(8) Improve school performance, family functioning, and parent/child relationship.
326-L:2 Scope of Practice of a Licensed Professional Art Therapist. The scope of practice of a licensed professional art therapist includes, but is not limited to:
I. The use of psychotherapeutic principles, art media, and the creative process to assist individuals, families, or groups in:
(a) Increasing awareness of self and others;
(b) Coping with symptoms, stress, and traumatic experiences;
(c) Enhancing cognitive abilities; and
(d) Identifying and assessing clients' needs in order to implement therapeutic intervention to meet developmental, behavioral, mental, and emotional needs.
II. The application of art therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions that include, but are not limited to:
(a) Clinical appraisal and treatment activities during individual, couples, family, or group sessions which provide opportunities for expression through the creative process;
(b) Using the process and products of art creation to tap into client's inner fears, conflicts, and core issues with the goal of improving physical, mental, and emotional functioning and well-being; and
(c) Using diagnostic art therapy assessments to determine treatment goals and implement therapeutic art interventions which meet developmental, mental, and emotional needs; and
III. The employment of art media, the creative process, and the resulting artwork to assist clients to:
(a) Reduce psychiatric symptoms of depression, anxiety, post traumatic stress, and attachment disorders;
(b) Enhance neurological, cognitive, and verbal abilities, develop social skills, aid sensory impairments, and move developmental capabilities forward in specific areas;
(c) Cope with symptoms of stress, anxiety, traumatic experiences, and grief;
(d) Explore feelings, gain insight into behaviors, and reconcile emotional conflicts;
(e) Improve or restore functioning and a sense of personal well-being;
(f) Increase coping skills, self-esteem, awareness of self, and empathy for others;
(g) Healthy channeling of anger and guilt; and
(h) Improve school performance, family functioning, and parent/child relationship.
326-L:3 License Required; Penalty; Exceptions.
I. No person unless licensed as a professional art therapist may use the title "art therapist" or "professional art therapist" or make use of any title, words, letters, abbreviations, or insignia indicating or implying that he or she is a professional art therapist.
II. Any person who violates the provisions of this chapter or rules adopted pursuant to this chapter shall, if a natural person, be guilty of a misdemeanor, and any other person shall be guilty of a felony.
III. For purposes of this chapter, each instance of contact or consultation with an individual that is in violation of any provision of this chapter or rules adopted under this chapter shall constitute a separate offense.
IV. The provisions of this chapter shall not apply to a person who provides art therapy while acting within the scope of practice of the person's license and training, provided the person does not hold himself or herself out to the public as an professional art therapist, or is a student enrolled in an art therapy educational program or graduate art therapy educational program approved by the American Art Therapy Association, or any successor of said association, and art therapy is an integral part of the student's course of study and such student is performing such therapy under the direct supervision of a professional art therapist.
326-L:4 Licensure of Professional Art Therapists.
I. To qualify for a license to practice professional art therapy, an applicant shall be an individual who meets the following requirements:
(a) The applicant shall be of good moral character.
(b) The applicant shall be at least 18 years old.
(c) The applicant shall hold a master's or doctoral degree in art therapy from an accredited educational institution that is approved in rules adopted by the executive director, and shall have completed:
(1) A minimum of 60 graduate credit hours in an art therapy program accredited by the American Art Therapy Association pursuant to rules adopted by the executive director; and
(2) Not less than 2 years, with a minimum of 2,000 hours, of supervised experience in art therapy pursuant to rules adopted by the executive director, one half of which, or a minimum of 1,000 client contact hours under appropriate supervision, shall have been completed after the award of the graduate degree.
II. The applicant for licensure shall provide documentation to the executive director evidencing the completion of 60 hours of graduate course work in art therapy from an accredited college or university program that is accredited by the American Art Therapy Association, pursuant to rules adopted by the executive director, and includes graduate-level training in:
(a) The art therapy profession;
(b) Theory and practice of art therapy;
(c) Human growth and developmental dynamics in art;
(d) Application of art therapy with people in different treatment settings;
(e) Art therapy appraisal, diagnosis, and assessment;
(f) Ethical and legal issues of art therapy practice;
(g) Matters of cultural and social diversity bearing on the practice of art therapy;
(h) Standards of good art therapy practice;
(i) Group art therapy; and
III. The applicant for licensure shall pass the examination of the Art Therapy Credentials Board and pay the license fee.
326-L:5 Renewal; Reinstatement.
I. A professional art therapist license shall be valid for 2 years from the date of issuance.
II. The office shall renew the licenses of those who have made a timely application for renewal of licensure, and paid the renewal fee.
III. The office is authorized to reinstate licenses on terms established by the executive director through rulemaking in accordance with RSA 541-A, and to charge a fee for such reinstatement.
326-L:6 Rulemaking. The executive director, with the advice of the advisory council on alternative mental health therapies under RSA 330-D, shall adopt rules for the following:
I. Criteria for eligibility for licensure.
II. Procedures for application and for renewal and reinstatement of licenses.
III. The establishment of fees required by this chapter.
2 New Subparagraph; Office of Professional Licensure and Certification; Administration. Amend RSA 310-A:1-a, II by inserting after subparagraph (z) the following new subparagraph:
(aa) Professional art therapists under RSA 326-L.
3 New Chapter; Advisory Council on Alternative Mental Health Therapies. Amend RSA by inserting after chapter 330-C the following new chapter:
CHAPTER 330-D
ADVISORY COUNCIL ON ALTERNATIVE MENTAL HEALTH THERAPIES
330-D:1 Advisory Council on Alternative Mental Health Therapies. The executive director shall establish the advisory council on alternative mental health therapies. The council shall consist of 3 persons who are licensees or certificate holders in the state of New Hampshire in an alternative mental health therapy. Each member shall be appointed to a term of 3 years, provided that initial terms may be staggered. No member shall serve more than 2 consecutive full terms. Each member of the advisory council shall receive as compensation the sum of $45 for each day actually devoted to the work of the advisory council and shall be reimbursed for necessary traveling expenses incurred in the discharge of such duty. The advisory council shall:
I. Review the educational and experience requirements of applicants for licensure or certification of an alternative mental health therapy.
II. Review the continuing education requirements for renewing licensure or certification of an alternative mental health therapy.
III. Advise the executive director regarding the implementation of requirements for licensure or certification of an alternative mental health therapy and the adoption of necessary rules.
4 New Paragraph; Historical Fund; Sale of Commemorative Bottles; Transfer of Revenues. Amend RSA 177:8 by inserting after paragraph II the following new paragraph:
III. Notwithstanding provisions of paragraph II, revenue from commemorative bottles sold under this section between July 1, 2018 and December 31, 2019 shall be credited to the New Hampshire state house bicentennial education and commemoration fund in RSA 17-R:3.
5 Effective Date. This act shall take effect July 1, 2018.
18-2854
Amended 3/6/18
SB 535-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0522s)
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Historical Fund (RSA 177:8) and New Hampshire State House Bicentennial Education and Commemoration Fund (RSA 17-R:3) | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill establishes the practice of professional art therapy and licensure for individuals engaging in such practice and directs sales of any commemorative liquor bottles to the New Hampshire Bicentennial Education and Commemoration Fund. The bill allows for license fees to be established through the rulemaking process by the Office of Professional Licensure and Certification (OPLC). The OPLC indicates the amount of licensing fees generated by this bill is indeterminable. The OPLC states the time required to process licenses established by this bill may require additional staff but the fiscal impact of such need is indeterminable at this time. In addition, the creation of an advisory council on alternative mental health therapies requires an additional expense for compensation of board members of $45 per day and reimbursement of necessary traveling expenses, totaling approximately $3,780 annually.
The New Hampshire State Liquor Commission (NHSLC) and Legislative Branch are unable to estimate the revenue that will be deposited into the New Hampshire Bicentennial Education and Commemoration Fund from the sale of any commemorative liquor bottles sold between July 1, 2018 and December 31, 2019. Currently the revenues from these sales are deposited into the Historical Fund pursuant to RSA 177:8. The Legislative Branch reports the following revenue from bottle sale deposits into the Historical Fund:
FY 2014 $74,675
FY 2015 $7,949
FY 2016 $0
FY 2017 $20,677
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice indicates the department is not generally involved with the prosecution of offenses relating to the type of licensure provisions of this legislation. Such offenses are typically handled by local or county prosecutors. Appeals from any convictions from such offenses would be handled by the Criminal Justice Bureau and could be done within the current budget, therefore there is no fiscal impact.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification, Judicial Branch, Departments of Corrections and Justice, New Hampshire Association of Counties, New Hampshire Liquor Commission, and Legislative Branch