Greetings to All, The NorCATA Legislative committee monitored the 2015/2016 legislation relevant to the Art Therapists and the Art Therapy community in the state of CA. The committee also functioned to apply AATA’s policy action plan for a thriving profession to policy action in the State of California when appropriate and viable. http://www.arttherapy.org/upload/policyactionplan2016.pdf One high priority for AATA is to seek state licensure for the profession of art therapy to promote art therapy as a distinct profession that reflects the unique training and skills of art therapists. NorCata monitored the following legislation in the 2015/2016 CA state legislative session related to state regulation of mental health professionals. Four professions sought state regulation in the areas of 1) state professional licensure (Behavioral Analysts and Drug and Alcohol Counselors), 2) state professional certification (Peer and Family Support Specialists, and 3) state professional title protection (Music Therapists). Not one of these bills successfully passed the legislative process and was signed by the Governor. All the bills died in the process. It is likely similar bills will be reintroduced to the legislature in the future. NorCata will continue to watch relevant activity during the upcoming legislative session. The bills related to professional regulation include the following: SB 479 Behavior Analysis Licensing This bill sought to license Behavior Analysts to be regulated by the Board of Psychology. The license required certification as a Behavior Analyst, which requires a master’s degree or higher in behavior analysis, psychology or education, 270 hours of graduate instruction in behavior analysis, as well as supervised hours and examination. This bill was made into a 2 year bill and did not advance in the legislature, it became a dead bill.
SB 614 The Peer and Family Support Specialists This bill, sponsored by the California Behavioral Health Directors Association (CBHDA), would have required the State Department of Health Care Services (DHCS) to establish a statewide peer and family support specialist certification program, as part of the state’s comprehensive mental health delivery system and the Medi-Cal program. It included 3 certification categories: adult peer support specialists, family peer support specialists and parent peer support specialists. This bill was made into a 2 year bill and did not advance in the legislature/dead bill. SB 1101: Alcohol and drug counselors: regulation: This bill set minimum qualifications for a license in alcohol and drug counseling, which would have been administered by the Alcohol and Drug Counseling Professional Bureau. SB 1101 would have established a new licensing bureau within the Department of Consumer Affairs to license alcohol and drug counsellors. This bill did not advance and died in the legislature. AB-1279 Music therapy. Established the Music Therapy Act which stated that only a qualified individual, as specified, may call himself or herself a "Board Certified Music Therapist.". This bill was vetoed by the Governor.
The following legislation of interest in the state of CA was signed into law effective January 1, 2017: AB 1917 Mental health care professionals: qualifications: This BBS sponsored bill which will allow California residents, who earn online degrees from a university that is located out of state, to apply as out-of-state candidates. Previously, an applicant had to live in the state where the university was located, while earning the degree. This new law will allow online graduates to make up certain California requirements post-degree. This is the out-of-state application. SB 1478 Healing Arts: This is an annual bill to make minor, technical, non-controversial, cleanup and consensus changes to regulatory programs under the Business and Professions code. Following discussion with the LPCC and LMFT representatives, the BBS recommended language for this bill, which would re-name “interns” to “associates,” which is in alignment with the Social Workers. It will take time to change the title in statute and regulation, as well as with those using the title, so the law provides that any reference to “Professional Clinical Counselor Intern” will be deemed a reference to “Associate Professional Clinical Counselor” or “Registered Associate Professional Clinical Counselor.” Any reference to “Marriage and Family Therapist Intern” will be deemed a reference to “Associate Marriage and Family Therapist” or “Registered Associate Marriage and Family Therapist”. AB 1808 Mental Health Services for Minors: Co-sponsored by CALPCC and CAMFT, this bill will authorize LPCC and LMFT trainees to offer mental health services to minors above 12 years of age, as licensees and interns are currently allowed to do. Psychologists and Social Worker trainees and interns were also added to this bill. AB 1863 Medi-Cal: federally qualified health centers: rural health centers.: Federally Qualified Health Centers (FQHCs) and Rural Health Centers. This bill was sponsored by CAMFT and will allow LMFTs who are also art therapists to work in FQHCs. CALPCC will sponsor a similar bill next year for LPCCs who are also art therapists. The following bills of interest were not successful and died in process. AB 1644 (Bonta) School -Based Early Mental Health Intervention and prevention: This bill would have expanded the list of eligible pupils, who may receive school-based early mental health intervention, to include students in preschool and transitional kindergarten. AB 2607 Firearm Restraining Orders: The Governor has vetoed this bill, which would have allowed, but not required, a family member, an employer, a coworker, a mental health worker, who has seen the person as a patient in the prior six months, an employee of a postsecondary school, that the person has attended in the last six months, or a law enforcement officer to file a petition requesting that the court issue a gun violence restraining order (GVRO), if a person presents a danger. Many mental health care professions asked that their professions be removed from this bill, because it could cloud the professional’s obligation in this area. Professionals already can report a client who may be a danger to himself or others. Professionals felt it could expose licensees to unacceptable risk, because it does not protect a mental health practitioner from being sued by a patient for breaching confidentiality when a GVRO is sought. The Governor vetoed this bill. SB 1034: Health Care Coverage: Autism: This bill would have deleted the sunset date on the law that requires health plans and insurance policies to cover treatment for pervasive developmental disorder or autism. Similar bills will likely reappear in the next Legislative session that begins in January ___________________________________________________________________________ Reminder: The 30th Annual Arts Advocacy Day will take place this spring on March 20–21, 2017 in Washington DC. Arts Advocacy Day is the largest conference of its kind and is the time to make your voice heard on Capitol Hill. Registration will launch in December. http://www.americansforthearts.org/events/arts-advocacy-day
Thank you for allowing me the opportunity to work on behalf of NorCata for the betterment of the art therapy profession in California.
-Robin Valicenti, MCAT, ATR-BC, LPC/PA Director of Legislative Affairs, NorCATA
California does not license the profession of art therapy. There are options for art therapists to obtain licensure from the California Board of Behavioral Sciences under the professions of Marriage and Family Therapist and Professional Clinical Counselor. Required educational criteria for those licenses must be met in order to obtain the license. Most art therapists in California who are licensed chose the LMFT (Marriage and Family Therapy license) and needed to meet all the requirements in addition to the requirements of the American Art Therapy Credentials Board ATBC if they are ATCB certified. The new LPCC license is also an option for art therapists and will require art therapists to meet all LPCC requirements and the AATA BC requirements. There is significant coursework overlap between the above professions. The NorCATA concern is that neither licensing option addresses specific competency in art therapy. Please see the BBS Licensing board information links below if you are interested.
NORCATA IS A CHAPTER OF THE AMERICAN ART THERAPY ASSOCIATION AND ADHERES TO AATA'S MISSION AND POLICIES
THE AMERICAN ART THERAPY ASSOCIATION'S NATIONAL POLICY AGENDA IDENTIFIES THE FOLLOWING FOUR PRIORITIES
PRIORITY I EMPLOYMENT OF ART THERAPISTS -Vulnerable populations and persons -Child and Adolescent Art Therapy Services
PRIORITY II: STATE LICENSURE FOR ART THERAPISTS
PRIORITY III: INSURANCE REIMBURSEMENT OF ART THERAPY SERVICES -U.S. Military Personnel, Veterans and Their Families -Health System Reform Patient Protection and Affordable Care Act (PPACA)
PRIORITY IV COLLABORATION WITH OTHER ORGANIZATIONS
THE GOVERNMENTAL AFFAIRS COMMITTEE GRANT (GAC): The American Art Therapy Association’s Advocacy Project Grant Program provides funding from the annual budget of the Governmental Affairs Committee (GAC) to fund association affiliated Chapters to carry out advocacy grant projects the state level that are designed to promote the profession of art therapy. AATA makes Advocacy Project Grant awards to its affiliated Chapters only. Please contact Robin Valicenti, MCAT, ATR-BC, LPC. GOVERNMENTAL AFFAIRS COMMITTEE ADVOCACY PROJECT GRANT PROGRAM 2014 GUIDELINES
AATA OFFERS PROFESSIONAL INSURANCE OPTIONS FOR IT'S MEMBERS:
For Professionals: Personal Insurance The Healthcare Providers Service Organization (HIPSO )is pleased to offer an array of quality health, dental and liability insurance products to art therapists designed to fit your needs. You can take comfort knowing these benefits can be available to help you and your family in time of need. Please visit the AATA "members only" section https://netforum.avectra.com/eweb/DynamicPage.aspx?Site=aata&WebCode=ResourceCenter for information. You must be a member of AATA to qualify. For Students: AATA is pleased to provide Student Professional Liability Insurance for student members. In order to qualify for the Student Professional Liability Insurance, you must join as a Student PLUS member. If you are currently a student member and are in need of the Student Professional Liability Insurance, you must upgrade your membership to a Student PLUS. If you are interested in upgrading your current Student membership to the Student PLUS membership, please contact Michele Basham at email@example.com
IF YOU ARE IN NEED OF INFORMATION REGARDING COVERAGE OF ART THERAPY SERVICES AS STATED IN THE AATA GUIDELINES:
These Art Therapy Guidelines for Insurers are designed to assist healthcare insurance companies and third-party claims administrators in their review of reimbursement claims that involve art therapy services. The guidelines provide information about how to apply medical necessity criteria to art therapy services and differentiate cases where coverage exclusions do not apply. Study abstracts, on the efficacy of art therapy services in improving client outcomes, are included with citations, categorized by population type. http://www.americanarttherapyassociation.org/upload/guidelinesforinsurers.pdf
HOW DO I MAKE A DONATION TO THE LEGISLATIVE AFFAIRS FUND?
Because of NorCATA's 501(c)3 status, and because we're not a 501(c)6 organization, we have to keep any monies that are used for legislative, lobbying, or advocacy separate from the general account. We have a separate LAF checking account that is monitored by a NorCATA member and former board member. Therefore, please send donations to the Northern California American Art Therapy Association post office box.
Please make checks payable to: The Legislative Affairs Fund (LAF). PO Box 330247 San Francisco, CA 94133-9991 Robin Valicenti, MCAT, ATR-BC, LPC Director of Legislative Affairs NorCATA
NorCATA is a 501(c)(3) non-profit organization that promotes the therapeutic use of art throughout Northern California, public awareness of art therapy, professional development through educational events, workshops, conferences, and more.