LRB-5484/1
KP:skw&ahe
2019 - 2020 LEGISLATURE
March 19, 2020 - Introduced by Senator Tiffany, cosponsored by Representatives
Magnafici, Brostoff, Emerson, Felzkowski, Gundrum and Swearingen.
Referred to Committee on Public Benefits, Licensing and State-Federal
Relations.
SB895,1,9 1An Act to amend 15.405 (7c) (a) 4., 15.405 (7c) (b), 15.405 (7c) (c), 15.405 (7c) (f),
2146.81 (1) (hg), 252.14 (1) (ar) 7., 440.03 (14) (am), 450.10 (3) (a) 10., 457.02 (6)
3(c), 457.03 (1), 457.03 (1m), 457.03 (2), 457.035 (1), 457.04 (8) (intro.), 457.06
4(intro.), 457.14 (1) (intro.), 457.24 (1), 457.24 (2), 457.25 (1), 457.25 (2), 457.26
5(2) (b), 457.26 (2) (e) and 457.26 (2) (g); and to create 15.405 (7c) (a) 3m., 48.981
6(2) (a) 12m., 440.03 (13) (b) 56m., 440.08 (2) (a) 63j., 457.01 (5e), 457.01 (5m),
7457.01 (5s), 457.04 (6m), 457.133, 457.136, 457.14 (1) (g), 457.15 (4) and 457.22
8(1) (d) of the statutes; relating to: licensing professional art therapists and
9granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill establishes a licensure program for professional art therapists
administered by the Marriage and Family Therapy, Professional Counseling, and
Social Work Examining Board. The bill defines “professional art therapy” and
provides that, subject to certain exceptions, a person may practice professional art
therapy only if the person holds a professional art therapist license. The examining
board may grant a professional art therapist license to an applicant who, among
other things, receives a master's or doctorate degree in professional art therapy,

completes courses related to diagnosis, prevention, treatment, or resolution of
mental, emotional, behavioral, and addiction disorders, engages in a certain amount
of hours of supervised practice of professional art therapy, and passes an approved
examination. The bill authorizes the examining board to promulgate rules that
require professional art therapists to complete continuing education requirements
every two years to renew their licenses.
The bill adds two licensed professional art therapists and one public member
to the examining board. Under the bill, the examining board investigates, holds
hearings, and makes findings pertaining to violations of the bill. The examining
board may reprimand a professional art therapist or deny, limit, suspend, or revoke
a professional art therapist license if it finds that license holder has violated the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB895,1 1Section 1. 15.405 (7c) (a) 3m. of the statutes is created to read:
SB895,2,32 15.405 (7c) (a) 3m. Two professional art therapist members who are licensed
3under ch. 457.
SB895,2 4Section 2. 15.405 (7c) (a) 4. of the statutes is amended to read:
SB895,2,75 15.405 (7c) (a) 4. Three Four public members who represent groups that
6promote the interests of consumers of services provided by persons who are certified
7or licensed under ch. 457.
SB895,3 8Section 3. 15.405 (7c) (b) of the statutes is amended to read:
SB895,3,49 15.405 (7c) (b) In operation, the examining board shall be divided into a social
10worker section, a marriage and family therapist section and, a professional counselor
11section, and a professional art therapist section. The social worker section shall
12consist of the 4 social worker members of the examining board and one of the public
13members of the examining board. The marriage and family therapist section shall
14consist of the 3 marriage and family therapist members of the examining board and
15one of the public members of the examining board. The professional counselor

1section shall consist of the 3 professional counselor members of the examining board
2and one of the public members of the examining board. The professional art
3therapist section shall consist of the 2 professional art therapist members of the
4examining board and one of the public members of the examining board.
SB895,4 5Section 4. 15.405 (7c) (c) of the statutes is amended to read:
SB895,3,106 15.405 (7c) (c) All matters pertaining to granting, denying, limiting,
7suspending, or revoking a certificate or license under ch. 457, and all other matters
8of interest to either the social worker, marriage and family therapist, or professional
9counselor, or professional art therapist section shall be acted upon solely by the
10interested section of the examining board.
SB895,5 11Section 5. 15.405 (7c) (f) of the statutes is amended to read:
SB895,3,1512 15.405 (7c) (f) At a joint meeting of the social worker section and one or both
13more of the other sections of the examining board, each member who is present has
14one vote, except that the social worker members each have three-fourths of a vote
15if all 4 of those members are present.
SB895,6 16Section 6. 48.981 (2) (a) 12m. of the statutes is created to read:
SB895,3,1717 48.981 (2) (a) 12m. A professional art therapist.
SB895,7 18Section 7. 146.81 (1) (hg) of the statutes is amended to read:
SB895,3,2019 146.81 (1) (hg) A social worker, marriage and family therapist, or professional
20counselor, or professional art therapist certified or licensed under ch. 457.
SB895,8 21Section 8. 252.14 (1) (ar) 7. of the statutes is amended to read:
SB895,3,2422 252.14 (1) (ar) 7. A social worker, marriage and family therapist, or
23professional counselor, or professional art therapist certified or licensed under ch.
24457.
SB895,9 25Section 9. 440.03 (13) (b) 56m. of the statutes is created to read:
SB895,4,1
1440.03 (13) (b) 56m. Professional art therapist.
SB895,10 2Section 10 . 440.03 (14) (am) of the statutes is amended to read:
SB895,4,133 440.03 (14) (am) The department may promulgate rules that establish
4requirements for granting a license to practice psychotherapy to a person who is
5registered under par. (a). Rules promulgated under this paragraph shall establish
6requirements for obtaining such a license that are comparable to the requirements
7for obtaining a clinical social worker, marriage and family therapist, or professional
8counselor, or professional art therapist license under ch. 457. If the department
9promulgates rules under this paragraph, the department shall grant a license under
10this paragraph to a person registered under par. (a) who pays the initial credential
11fee determined by the department under s. 440.03 (9) (a) and provides evidence
12satisfactory to the department that he or she satisfies the requirements established
13in the rules.
SB895,11 14Section 11. 440.08 (2) (a) 63j. of the statutes is created to read:
SB895,4,1615 440.08 (2) (a) 63j. Professional art therapist: March 1 of each odd-numbered
16year.
SB895,12 17Section 12. 450.10 (3) (a) 10. of the statutes is amended to read:
SB895,4,2018 450.10 (3) (a) 10. A social worker, marriage and family therapist, or
19professional counselor, or professional art therapist certified or licensed under ch.
20457.
SB895,13 21Section 13. 457.01 (5e) of the statutes is created to read:
SB895,4,2422 457.01 (5e) “Professional art therapist” means an individual who holds a
23license to practice professional art therapy granted by the professional art therapist
24section.
SB895,14 25Section 14. 457.01 (5m) of the statutes is created to read:
SB895,5,2
1457.01 (5m) “Professional art therapist section” means the professional art
2therapist section of the examining board.
SB895,15 3Section 15. 457.01 (5s) of the statutes is created to read:
SB895,5,144 457.01 (5s) “Professional art therapy” means integrative application of
5psychotherapeutic principles and methods with specialized training in art media,
6the neurobiological implications of art-making, and art-based assessment models
7in the diagnosis, prevention, and treatment of cognitive, developmental, behavioral,
8and emotional conditions and disorders in individuals, families, and groups,
9including the use of therapeutic art interventions to facilitate alternative modes of
10receptive and expressive communication and implementation of art-based
11treatment plans to help clients improve cognitive and sensory-motor functions,
12increase self-awareness and self-esteem, cope with traumatic experience and grief,
13reduce symptoms of depression, anxiety, and attachment disorders, resolve conflicts,
14anger, and distress, and improve educational performance and social functioning.
SB895,16 15Section 16. 457.02 (6) (c) of the statutes is amended to read:
SB895,5,2016 457.02 (6) (c) Provide a consultation or demonstration with an individual
17licensed under this chapter if the person providing the consultation or
18demonstration is licensed to practice marriage and family therapy, professional
19counseling, or clinical social work, or professional art therapy in another state or
20territory of the United States.
SB895,17 21Section 17. 457.03 (1) of the statutes is amended to read:
SB895,6,422 457.03 (1) Upon the advice of the social worker section, marriage and family
23therapist section, and professional counselor section , and professional art therapist
24section
, promulgate rules establishing minimum standards for educational
25programs that must be completed for certification or licensure under this chapter

1and for supervised clinical training that must be completed for licensure as a clinical
2social worker, marriage and family therapist, or professional counselor, or
3professional art therapist
under this chapter and approve educational programs and
4supervised clinical training programs in accordance with those standards.
SB895,18 5Section 18. 457.03 (1m) of the statutes is amended to read:
SB895,6,96 457.03 (1m) Upon the advice of the social worker section, marriage and family
7therapist section, and professional counselor section , and professional art therapist
8section
, and consistent with s. 457.16, promulgate rules establishing examination
9requirements for certification and licensure under this chapter.
SB895,19 10Section 19. 457.03 (2) of the statutes is amended to read:
SB895,6,1811 457.03 (2) Upon the advice of the social worker section, marriage and family
12therapist section, and professional counselor section , and professional art therapist
13section
, promulgate rules establishing a code of ethics to govern the professional
14conduct of certificate holders and licensees. The rules shall specify the services
15included within the practice of social work, advanced practice social work, or
16independent social work that an individual who is certified under this chapter as a
17social worker, advanced practice social worker, or independent social worker may
18perform and the degree of supervision, if any, required to perform those services.
SB895,20 19Section 20. 457.035 (1) of the statutes is amended to read:
SB895,6,2220 457.035 (1) The individual is licensed under this chapter as a clinical social
21worker, marriage and family therapist, or professional counselor, or professional art
22therapist
.
SB895,21 23Section 21. 457.04 (6m) of the statutes is created to read:
SB895,7,324 457.04 (6m) Practice professional art therapy or designate himself or herself
25as a professional art therapist or use or assume the title “professional art therapist”

1or any other title or designation that represents or may tend to represent the person
2as a professional art therapist unless the person is licensed as a professional art
3therapist under this chapter.
SB895,22 4Section 22. 457.04 (8) (intro.) of the statutes is amended to read:
SB895,7,95 457.04 (8) (intro.) Practice clinical social work, marriage and family therapy,
6or professional counseling, or professional art therapy without notifying his or her
7client in writing of the procedure to follow to resolve a grievance. The notice required
8under this subsection shall provide one of the following options for resolving a
9grievance to the client:
SB895,23 10Section 23. 457.06 (intro.) of the statutes is amended to read:
SB895,7,14 11457.06 General requirements for certification or licensure. (intro.) The
12social worker section, marriage and family therapist section, or professional
13counselor section, or professional art therapist section may not grant any certificate
14or license under this chapter unless the applicant does all of the following:
SB895,24 15Section 24. 457.133 of the statutes is created to read:
SB895,7,18 16457.133 Professional art therapist license. The professional art therapist
17section shall grant a professional art therapist license to any individual who does all
18of the following:
SB895,7,19 19(1) Satisfies the requirements in s. 457.06.
SB895,7,22 20(2) Submits evidence satisfactory to the professional art therapist section that
21he or she has received a master's or doctorate degree in professional art therapy or
22its equivalent from a program approved by the professional art therapist section.
SB895,8,3 23(3) Submits evidence satisfactory to the professional art therapist section that
24he or she has completed not less than 9 semester credit hours, or the equivalent, of
25graduate level courses specifically related to diagnosis, prevention, treatment, or

1resolution of mental, emotional, behavioral, and addiction disorders either as part
2of an approved program for a master's or doctorate degree in professional art therapy
3or its equivalent or after completing the program.
SB895,8,5 4(4) Submits evidence satisfactory to the professional art therapist section that
5he or she has done any of the following:
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