Professional Art Therapists

Miss. Code Ann. tit. 73, ch. 65
in effect

Miss. Code Ann. § 73-65-1 Definitions.

As used in this chapter, unless the context otherwise requires: “Board” means the Mississippi State Board of Health; “Licensed professional art therapist” means a person who has completed a master’s or doctoral degree program in art therapy, or an equivalent course of study, from an accredited educational institution and who is licensed by the Mississippi State Board of Health, or who received registration from the American Art Therapy Association before 1980; “License holder” means a licensed professional art therapist licensed under the provisions of this chapter; “Accredited institution” means a university or college accredited by a nationally recognized accrediting agency of institutions of higher education, or an institution and clinical program approved by the American Art Therapy Association, Inc.

Miss. Code Ann. § 73-65-3 Professional Art Therapists Advisory Council established.

There is created the Professional Art Therapists Advisory Council. The purpose of the council is to advise the Mississippi State Board of Health on matters relating to the administration and interpretation of the provisions of this chapter. The council shall consist of three (3) members who are professional art therapists licensed pursuant to Section 73-65-7 and who have engaged in art therapy practice for at least five (5) years, two (2) members shall be family members of consumers or consumers of art therapy services and one (1) physician or health professional member. All council members shall be citizens of the United States and residents of Mississippi. The initial council members who are not family members of consumers shall meet requirements for licensure and be licensed within one (1) year after July 1, 2000. Beginning July 1, 2000, each council member who is not a family member of a consumer shall be licensed as an art therapist before appointment and shall be actively engaged in the practicing or teaching of art therapy. Members of the council shall be appointed by the board for terms of four (4) years. Members of the council shall receive no compensation or per diem for their service on the council, but may receive reimbursement for travel expenses incurred in attending council meetings, as provided in Section 25-3-41. The council shall elect annually from its membership a chairman and any other officers as necessary to carry out its duties. The council shall meet at least two (2) times each year. Additional meetings may be called by the chairman, upon the written request of at least two (2) members of the council. Three (3) council members shall constitute a quorum of the council.

Miss. Code Ann. § 73-65-5 State Board of Health powers and duties [Repealed effective July 1, 2020].

The board shall: Promulgate regulations necessary to carry out the provisions of this chapter; Require that all applicants register for, take and pass the Art Therapy Credentials Board Examination as administered by the Art Therapy Credentials Board, Inc.; Establish the application deadline for and score required to pass the examination; Process applications and review the required examinations; Issue licenses to applicants who meet the requirements of Section 73-65-7 or 73-65-9; Deny, suspend or revoke a license to practice art therapy; Censure, reprimand, or place a license holder or applicant on probation for a period not to exceed one (1) year; Maintain a current register of license holders as a matter of public record; Establish criteria for continuing education; Establish procedures for receiving, investigating and resolving complaints against license holders; Approve the level of supervision and experience required for persons seeking licensure; Assess fees for the issuance and renewal of licenses to cover expenses of the board in administering this chapter; any increase in the fees charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65; Implement an impaired professional art therapist treatment program; and Adopt a code of ethics as established by the Art Therapy Credentials Board, Inc.

Miss. Code Ann. § 73-65-7 Certificate issuance and qualifications; continuing education.

The board shall issue a license as a licensed professional art therapist to any person who files a completed application, accompanied by the required fees, and who submits satisfactory evidence that the applicant is at least twenty-one (21) years of age, is a registered art therapist as defined by the Art Therapy Credentials Board, Inc., demonstrates professional competency by satisfactorily passing the required examination, and is a board certified art therapist as defined by the Art Therapy Credentials Board, Inc. The board may approve on a case-by-case basis applicants who have a master’s degree or a doctoral degree from nonaccredited institutions. If an applicant has met all of the requirements for licensure except satisfactorily passing the required examination, the applicant shall be scheduled to take the next examination following the approval of the examination. The board may issue a license to an applicant without examination if the person possesses a valid regulatory document issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia, or any foreign nation that in the judgment of the board has requirements substantially equivalent to or exceeding the requirements in this section. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1. The board may issue provisional licensure as a professional art therapist to any person who has completed the educational requirements established by the Art Therapy Credentials Board, Inc., and has met all requirements for licensure as a professional art therapist, except the experience and/or examination requirements, and is under the supervision of a supervisor acceptable to the board. The board may set criteria for continuing education and supervisory experience.

Miss. Code Ann. § 73-65-9 Certificate renewal, suspension and reinstatement; retirement. [Repealed effective July 1, 2020].

Except as provided in Section 33-1-39, each license holder shall renew the license to practice art therapy biennially by submitting a renewal application on a form provided by the board, paying a license renewal fee, and producing evidence of completion of relevant professional continuing education experience satisfactory to the board, not to exceed forty (40) hours per renewal cycle. A ninety-day grace period shall be allowed for each license holder after the licensure period, during which time the license may be renewed upon payment of the renewal fee, the late fee, and compliance with all renewal requirements. Any license granted by the board shall be automatically suspended if the holder fails to apply for the license renewal pursuant to this section within a period of three (3) months after the renewal deadline; however, any suspended license may be restored by the board upon payment of a reinstatement fee not to exceed One Hundred Dollars ($100.00), in addition to any unpaid renewal or late fees. Any increase in the fee charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65. Failure to renew a license within three (3) months from the date of suspension as provided in this section shall cause the license to be automatically revoked. Reinstatement of a revoked license shall require the license holder to reapply and meet all current standards for licensure. A person licensed under the provisions of Section 73-65-7 who intends to retire as a licensed professional art therapist shall notify the board in writing before the expiration of his current licensure. If, within a period of five (5) years from the year of retirement, the license holder wishes to resume practice as a licensed professional art therapist, he shall notify the board in writing, and upon giving proof of completing the required continuing education and the payment of an amount equivalent to elapsed renewal fees, the license shall be restored in full effect.

Miss. Code Ann. § 73-65-11 Fees [Repealed effective July 1, 2020].

The board shall set the amount of the fees required to be paid by applicants for licensure and license holders including, but not limited to, the following: For an application for initial licensure, the fee shall be nonrefundable and shall not exceed Two Hundred Dollars ($200.00); For renewal of a license, the fee shall not exceed Two Hundred Dollars ($200.00); For a duplicate or replacement license, the fee shall not exceed Twenty-five Dollars ($25.00); For failure to renew a license within the allotted grace period pursuant to Section 73-65-9, the fee shall not exceed One Hundred Dollars ($100.00); and Other reasonable fees for administrative services. Any increase in the fees charged by the board under this section shall be in accordance with the provisions of Section 41-3-65.

Miss. Code Ann. § 73-65-13 Grounds for denial, suspension or revocation of certificate; disciplinary proceedings.

The board may deny any application, or suspend or revoke any license held or applied for under the provisions of Section 73-65-7 if the person: Is found guilty of fraud, deceit, or misrepresentation in procuring or attempting to procure a license to practice art therapy; Is adjudicated mentally incompetent; Is found guilty of a felony or misdemeanor involving moral turpitude; Is found guilty of unprofessional or unethical conduct in this or any other jurisdiction; Has been using any controlled substance or alcoholic beverage to an extent or in a manner dangerous to the person, any other person, or the public, or to an extent that the use impairs the ability to perform as a licensed professional art therapist; Has violated any provision of this chapter; or Willfully or negligently divulges a professional confidence. A certified copy of the record of conviction shall be conclusive evidence of the conviction. Disciplinary proceedings may be initiated upon the receipt by the board of a sworn complaint by any person, including members of the board.

Miss. Code Ann. § 73-65-15 Applicability and construction; use of title.

The provisions of this chapter shall not apply to persons licensed, certified, or registered under any other provisions of Mississippi law, including, but not limited to, physicians, social workers, psychologists, and nurses, or students within accredited training programs of these professions. The provisions of this chapter shall not apply to “activities professionals” at licensed nursing facilities. Nothing in this chapter shall be construed to limit, interfere with, or restrict the practice, descriptions of services, or manner in which these persons hold themselves out to the public. No person shall use the title “licensed professional art therapist” or hold himself out as having this status, unless he is licensed as such by the board.

Miss. Code Ann. § 73-65-17 Penalties for violations.

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00), or sentenced to three (3) months in the county jail, or both, for each violation.

Miss. Code Ann. § 73-65-19 Repealed.

Repealed by Laws of 2004, ch. 350, § 10 eff from and after June 30, 2004. [Laws, 1998, ch. 568, § 10; Laws, 2000, ch. 489, § 10; Laws, 2002, ch. 420, § 10, eff from and after July 1, 2002.]

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