Code governing Standards of Practice, Eligibility for and Regulation of Credentials, and Disciplinary Procedures

1.1 Intent and Application of this Code

1. This Code is intended to set forth expectations for professional and ethical conduct of all art therapists who seek to obtain, possess, or desire to maintain credentials or board certification under the authority of the
2. All such art therapists shall adhere to this Code and any failure to adhere to this Code may result in disciplinary action, as detailed in this
3. Lack of awareness or lack of understanding of anything contained in this Code is not a defense to a possible or claimed violation of this

1.2 Scope of the Code

1. This Code applies to art therapists in all their activities, including but not limited to, the delivery of art therapy services, consultation, supervision, training, management, editorial and peer-review activities, and research. The Code applies to art therapists’ activities across settings and delivery modes (e.g., in person, in writing, via phone, email, text message, video conferencing).
2. Regardless of anything stated in this Code, art therapists must comply with all applicable federal, provincial, tribal, state, and local laws, legal requirements, regulations and standards, as well as all applicable agency regulations and institutional review board rules, regulations or standards, and all professional rules, regulations or standards which pertain to art therapy in each jurisdiction (state, province, country) in which an art therapist
3. ATCB does not warrant that the adherence to this Code will guarantee compliance with the standards adopted by any other organization, or will guarantee compliance with any ethical, legal, or disciplinary rules, regulations, laws, or procedures of any state licensing, regulatory, registration, or certification body or
4. Each applicant and credential holder understands and agrees that the ATCB and its officers, employees, Compliance Officers, and agents, may communicate any and all information relating to an ATCB application, renewal, registration, certification, and recertification, as well as the status of an applicant, credential holder and/or certificant, and any/all compliance reviews and determinations related thereto, to state and federal regulatory authorities, any professional association, any credentialing body, and licensing

1.3 Definitions/explanations for certain terms

1. Art therapist(s). For purposes of the Code, any individual who is seeking to obtain credentials or board certification with the ATCB (i.e., anyone who has completed an application, and all individuals who are credentialed and/or board certified by the ATCB, and/or all individuals who are seeking to maintain those credentials and or/board certification, shall be referred herein as an “art therapist” or collectively as “art therapists.”
2. Client. For purposes of this Code, the term “client” shall mean a recipient of art therapy
3. Confidential. For purposes of this Code, “confidential information” is information disclosed by a client(s) or otherwise obtained by art therapists, within the therapeutic context. This includes, but is not limited to, all verbal communication with a client, all of a client’s personal, private, and/or protected information/data, and artistic expressions of the client which are revealed and/or created by the client in the course of the client-therapist relationship.
4. Conflict of Interest. For purposes of this Code, a “conflict of interest” results when an art therapist enters into a professional relationship which is, appears to be, or may become a relationship in which the art therapist’s objectivity, competence, or effectiveness is or can reasonably be expected to be impaired, compromised or otherwise limited. Such conflicts of interest may result in a situation in which personal, financial, or professional considerations have the potential to influence or compromise the art therapist’s ability to effectively deliver services to others, including a client, supervisee, or research participant.
5. Crisis Situation. For the purposes of this Code, a “crisis situation” is defined as one’s perception or experience of an event or situation as an intolerable difficulty that exceeds the person’s current resources and coping mechanisms. A crisis refers to any situation in which the individual perceives a sudden loss of his or her ability to use effective problem-solving and coping skills.
6. Legally Authorized Representative. For purposes of this Code, a “legally authorized representative” is any individual authorized under law to provide consent on behalf of an individual who cannot provide consent to receive services or participate in
7. Dual Relationships. For purposes of this Code, a “dual relationship” occurs when an art therapist is in a professional role with a person and (1) at the same time is in another, different role with the same person, (2) at the same time is in a relationship with a person closely associated with or related to the person with whom the art therapist has the professional relationship, or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person.
8. Reasonable/reasonableness. For purposes of this Code, when the term “reasonable” is used it is meant to be interpreted as the usual or typical behavior of an average person and/or art therapist under the same or similar circumstances.
9. Reasonable Cause. For the purposes of this Code, “reasonable cause” is defined as a sufficient reason, based on the available facts and information, to believe something is true.
10. Social Media. For the purposes of this Code, “social media” refers to websites and applications that enable users to create and share content via the Internet, or to participate in social networking.

2.1 Conduct of Art Therapists

The ATCB has established the following standards regarding an art therapist’s conduct, with which art therapists, who seek to obtain or maintain credentials under the authority of the ATCB, are required to comply.

1. Scope of Practice
   
   
   1. Art therapists shall only engage in art therapy practices or procedures that are within their specific range(s) of experience, training, and education.
   2. Art therapists shall only represent themselves as specializing within a specific area of art therapy if they have the education, training, and experience which meets recognized professional standards to practice in that specialty area.
   3. Art therapists shall only provide services, other than art therapy, if they are qualified, certified and, when applicable, licensed to provide such other services.
   4. Art therapists shall only perform testing and assessment services if they are qualified, certified and, when applicable, licensed to provide such testing and/or assessment services, and professional standards for same.
   5. Art therapists shall correct or clarify, whenever possible, false, misleading, or inaccurate information and representations which they make, or which are made by others, concerning the art therapist’s qualifications and/or services they provide.
2. Art therapists shall avoid conflicts of interest and, except as detailed below, shall also avoid any multiple relationships which may reasonably be expected to impair objectivity, effectiveness, and/or professional judgment, and/or which increases the risk of exploitation or harm to a client or third party.
   
   
   1. A dual relationship may be appropriate in circumstances where a dual relationship cannot reasonably be avoided, if limited in time and scope to the extent possible, entered into with the informed consent of all parties involved, and not likely to cause impairment or risk exploitation or harm.
   2. If a potentially harmful dual relationship arises, the art therapist must take all reasonable steps to remedy the situation, with due regard for the best interests of all involved individuals.
3. Art therapists shall not discriminate against others, and shall not refuse professional services to anyone on any improper or illegal basis including, but not limited to age, gender, gender identity, gender expression, sexual orientation, ethnicity, race, color, national origin, ancestry, genetic information, military status, religion, culture, marital/partnership status, pregnancy, disability, language preference, socioeconomic status, citizenship or immigration status, or an individual or group’s inclusion or membership in any protected class.
4. Art therapists shall not engage in behavior which is determined to be demeaning, disparaging, harassing, hostile, or unprofessional toward others.
5. Art therapists shall not knowingly ignore or allow, and shall not participate or engage in dishonest, fraudulent, or deceitful behavior.
6. Art therapists shall refrain from providing therapy to their current students, employees, or supervisees for a minimum of five (5) years from the date the professional relationship ends.
7. Art therapists shall not accept gifts from a client, or the client’s legally authorized representative, except in cases when it is reasonable and appropriate to do so. A “gift” is considered to be something given by a client to an art therapist as a showing of appreciation without an expectation that the client will be reimbursed or rewarded for the item(s).
8. Art therapists shall not engage in romantic and/or sexual relationships with current clients, research participants, trainees, or supervisees.
9. Art therapists shall not engage in romantic and/or sexual relationships with former clients for a minimum of five (5) years from the date the professional relationship ends, and only when the parties can document that the professional relationship has ended (i.e., completion of all professional duties).
10. Art therapists shall not engage in romantic or sexual relationships with former supervisees or trainees for a minimum of five (5) years from the date the professional relationship ends, and only when the parties can document that the professional relationship has ended (i.e., completion of all professional duties).
11. Art therapists shall not condone or engage in sexual harassment, which is defined as unwelcome conduct of a sexual nature, including but not limited to unwelcome sexual advances, requests for sexual favors, or other verbal or nonverbal conduct of a sexual nature, including sexual assault and sexual exploitation.
12. Art therapists shall not undertake or continue a professional relationship with a client when the art therapist’s ability to practice art therapy is diminished due to a mental, emotional, physiological, or substance abuse problem.
13. Art therapists shall utilize the necessary resources, including consulting with one or more qualified professionals, when the art therapist experiences one or more personal or professional problems or conflicts which may or does adversely impact their work performance and/or clinical judgment.
14. Art therapists shall not continue a therapeutic relationship if the art therapist believes the client has attained stated goals and objectives, the client is no longer benefiting from the therapeutic relationship or services being provided, the client or their legally authorized representative has discontinued therapy, or it becomes evident that the relationship or therapy is no longer in the best interest of the client.
15. If conducting research, art therapists shall respect all laws, regulations, policies and specific codes governing the conduct of research with human subjects as pertaining to the requirements for the description of the project, its duration, its risks, and the disclosure of conflicts of interest, etc., and shall be cognizant of their influence upon research participants and shall avoid exploiting the trust and dependency of such persons.
16. Art therapists must make reasonable efforts to participate in all investigations resulting from any possible or claimed violations of this Code, although the ATCB does not expect an art therapist to ignore their Constitutional right against self-incrimination and, in the context of this Code and any possible and/or alleged violations of the same, will respect an art therapist’s invocation of such right where applicable.
17. Art therapists must make reasonable efforts to participate in all ethics and/or code/compliance investigations by any other professional organization, regulatory body, licensing authority, or government agency, although the ATCB does not expect an art therapist to ignore their Constitutional right against self-incrimination and, in the context of this Code and any possible and/or alleged violations of the same, will respect an art therapist’s invocation of such right in appropriate situations.
18. Art therapists must make reasonable efforts to participate in any/all ethics and/or code/compliance, disciplinary and/or legal actions initiated and/or investigated by a state licensing board, agency, or authority, state or federal regulatory body or agency, any professional association, organization or credentialing body, or any governmental or private payer of benefits. However, the ATCB does not expect an art therapist to ignore their Constitutional right against self-incrimination and, in the context of this Code and any possible and/or alleged violations of the same, will respect an art therapist’s invocation of such right in appropriate situations.
19. Art therapists shall avoid any/all behavior and/or conduct which demonstrates that an applicant, registrant, or certificant is not able to competently provide art therapy or any related or similar service(s).

2.2 Responsibility to Clients

Art therapists have obligations to their clients, including the following:

1. Art therapists shall provide services which are in the best interest of the client and shall make their best efforts to support each client’s rights and maximize the therapeutic benefit for each client.
2. Art therapists shall address clients in a respectful manner, including the use of any salutation(s), name(s), and/or pronouns which are expressly preferred by the client.
3. When appropriate in a given client-therapist relationship, at the outset of said relationship, and as needed on an ongoing basis, art therapists must make reasonable efforts to inform clients of the following:
   
   
   1. The art therapist’s professional education, training and experience.
   2. The fees to be charged by the art therapist as well as payment options and arrangements available to the client.
   3. The anticipated therapeutic goals and potential or actual limitations of the therapeutic process with each client.
   4. The purpose, scope, and any limits of confidentiality and confidential information.
   5. If applicable, the intent of the art therapist to use another individual to provide art therapy services to the client.
   6. If applicable, supervision of the art therapist by another art therapist, including the name and qualifications of the supervisor.
   7. The current contact information, in writing, for the ATCB.
4. When an art therapist agrees to provide therapy to two or more persons who have a relationship (such as spouse/life partners, or parents and children), the art therapist shall clarify at the outset who the client(s) is/are and the nature of the relationship with each of the other parties. This clarification includes confidentiality limits, risks and benefits, and what information will be shared, when, how, and with whom.
5. Art therapists shall make reasonable efforts to maintain regular contact with clients and shall make reasonable efforts to reschedule missed sessions.
6. If an art therapist believes that there is a continuing need for therapy, but they may no longer be able to provide professional services to a client, they must attempt to discuss those things with the client. If the art therapist then determines that they are unable to continue to provide professional services, they must make reasonable efforts to help the client arrange for similar professional services with another provider.
7. Art therapists shall make reasonable efforts to arrange for appropriate consultation with and referrals to other health and/or wellness professionals, including other art therapists, when in the best interests of a client, with appropriate informed consent and in compliance with applicable industry, legal, regulatory, ethical, professional, and organizational standards.
8. Art therapists shall obtain written informed consent from a client, or the client’s legally authorized representative, before photographing or video recording the client’s art expressions and/or artwork, making video or audio recordings of a client’s art therapy session(s), allowing a third-party to observe a client’s art expressions, artwork, and/or art therapy session(s), or otherwise duplicating, or displaying the client's art for any purpose, including, but not limited to teaching, writing, or public presentations.
9. When providing services at the request of a third party to a minor or individual who does not have the legal right to make personal decisions, art therapists shall keep the client’s legally authorized representative reasonably informed of the rationale for and scope of services provided, as well as any rights they may have to receive copies of documentation.

2.3 Therapy Records and Record Retention

1. Art therapists rendering professional services to a client shall, for the duration of each therapeutic relationship, create and maintain detailed, comprehensive, legible, and clear notes and all other relevant case and client documentation related to the services being provided to each client.
2. Art therapists shall make reasonable efforts to ensure that all such notes and all other relevant case and client documentation are in compliance with the standards, policies and requirements at the art therapist’s place of employment.
3. Art therapists shall make reasonable efforts to ensure that all such notes and all other relevant documentation are in compliance with federal, provincial, tribal, state, and local regulations and any licensure requirements governing art therapy services and/or art therapists for each and every jurisdiction in which the art therapy services are provided.
4. Art therapists shall maintain client records, including but not limited to the items detailed in subsection 2.3(a) above, for a period of time, following the conclusion of professional services, which is consistent with applicable industry, legal, regulatory, ethical, professional, and organizational standards, as well as sound clinical practice and/or best art therapy practices.
5. Art therapists shall store and dispose of client records (subsection (a) above), written or electronic data, and other pertinent records and/or information in such a manner as to ensure client confidentiality.
6. If an art therapist decides that they will no longer provide art therapy services to a client, the art therapist shall first make reasonable efforts to arrange for the storage, transfer, or appropriate and approved disposal of client records that ensure confidentiality and safeguards the welfare of the client.
7. Art therapists shall adopt a succession plan for the handling of client files, documentation, and art, if applicable, in the event of the art therapist’s unexpected death or unexpected inability to continue providing therapeutic services. Art therapists shall also compile a list of other art therapists so that clients may attempt to continue art therapy with another provider. These written procedures and resources shall be made available to clients.
8. Art therapists shall not permit any public use or reproduction of a client’s information, therapy notes, art therapy sessions, including verbalization and art expression, and/or a client’s physical artwork, without express written consent of the client or the client’s legally authorized representative. Once consent has been granted, art therapists shall make reasonable efforts to ensure that appropriate steps are taken to protect the client’s identity and disguise any part of the notes, art expression or audio or video recording that reveals the client’s identity unless the client or the client’s legally authorized representative specifically designates in the signed consent that the client’s identity may be revealed.
9. Art therapists shall provide a client with reasonable access to that client’s records, properly redacted and/or limited to protect the health, safety or well-being of one or more individuals, and/or to protect confidential information related to any other client.

2.4 Client/Patient Artwork

The art process and product together constitute the art image and form the prime means of expression and communication by the client.

1. Regarding a Client or Patient’s artwork, art therapists shall make reasonable efforts to:
   
   
   1. Regard client artwork as a form of protected information, a confidential file and, essentially, the property of the client. For therapeutic reasons, however, the art therapist generally keeps the artwork in a protected, confidential file as long as the client remains in art therapy.
   2. Explain how client artwork will be stored while the client is receiving art therapy services and store artwork in an orderly, safe, confidential fashion.
   3. Absent appropriate written consent, ensure that client artwork is not posted on the internet or on other social media. Absent appropriate written consent, a client’s artwork shall not be used in promotional materials, or as décor.
   4. Consider artwork as a part of the clinical record and shall retain the artwork for a reasonable amount of time consistent with state rules and regulations and sound clinical practice if the client does not take it upon termination or discharge.
   5. Notify client when the art therapist and/or the clinical agency retain copies, photographic reproductions, or digital images of the artwork in the client’s file.
   6. Disclose client artwork to third parties only with the written consent of the client or the client’s legally authorized representative.
   7. Ensure that records, including a patient’s artwork, are stored and/or disposed of in ways that maintain confidentiality.

2.5 The Art Therapy Setting or Practice Environment

Art therapists rendering professional services to a client shall understand the need for art therapists to adapt to different settings and different populations and provide safe, functional, working environments that comply with all applicable laws and ethical guidelines governing their practice, including all applicable health and safety requirements.

2.6 Electronic/Virtual/Remote Therapy

1. Art therapists offering services online, or by any other electronic or virtual means, must use a platform that is HIPPA compliant and shall adhere to this Code in its entirety.
2. Art therapists who provide professional services via electronic media (such as computer, telephone, radio, and television) must inform clients of the known limitations and risks associated with such services.
3. Art therapists must make reasonable efforts to inform clients of the benefits, risks, and limitations of using information technology applications in the therapeutic process and in business/billing procedures.
4. Art therapists must make reasonable efforts to ensure that encryption and other technologies are used to ensure confidentiality of a therapy session.
5. Art therapists shall also utilize encryption standards within electronic communications and/or take such precautions to reasonably ensure the confidentiality of information transmitted.
6. Art therapists must inform clients that Internet sites and e-mail communications will be encrypted but that there are limitations to the ability of encryption software to help ensure confidentiality. Additionally, if the art therapist becomes aware that encryption is or becomes unavailable, they must notify impacted clients of the same and must tailor any electronic transmissions accordingly.
7. When art therapists are providing technology-assisted distance art therapy services, the art therapist shall make reasonable efforts to determine that clients are intellectually, emotionally, and physically capable and safe when using the application and that the application is appropriate for the needs and safety of each client involved.
8. Art therapists shall make reasonable efforts to ensure that the use of technology in the therapeutic relationship does not violate any applicable law.
9. When necessary, art therapists shall seek business, legal, and technical assistance when using technology applications for the purpose of providing art therapy services, particularly when the use of such applications crosses provincial borders, state lines, or international boundaries.
10. Art therapists must make reasonable efforts to inform clients or the client’s legally authorized representative of pertinent legal rights and limitations governing the practice of a profession across state/provincial lines or international boundaries.
11. Art therapists shall inform clients of concerns related to the difficulty of maintaining the confidentiality of electronically transmitted communications, and the difficulty in removing any information or imagery that has been posted electronically if consent is later revoked.
12. Art therapists must inform clients of all third parties who might have authorized access to electronic transmissions.
13. An art therapist must discuss alternate methods of service delivery in the event of a technology failure.
14. If a client wishes to access insurance coverage for technology-assisted distance art therapy services, art therapists shall advise clients or the client’s legally authorized representative that it is the client’s responsibility to confirm coverage before beginning services.

2.7 Financial Obligations to Clients

Art therapists have certain financial obligations to their clients, including the following:

1. Art therapists shall make reasonable efforts to ensure that financial arrangements with clients and/or third-party payers are understandable and conform to accepted professional practices and legal requirements.
2. Art therapists shall bill clients or third parties for only those services actually rendered or as agreed to by mutual understanding at the beginning of services or as later modified by mutual agreement.
3. Art therapists shall, upon the written request of a client or the client’s legally authorized representative, provide a written explanation of the charges for services provided.
4. If a client wishes to utilize insurance coverage for therapy services, the art therapist shall advise the client, or the client’s legally authorized representative, that it is the client’s responsibility to confirm coverage. The art therapist shall also make clear to the client or the client’s legally authorized representative, before therapy begins, whether and/or to what extent the client will be financially responsible for the therapist’s services if insurance does not cover any/all of the same.

2.8 Responsibility to Students, Employees, and Supervisees

Art therapists have certain obligations to their students, employees, and supervisees, including the following:

1. Taking reasonable steps to:
   
   
   1. Ensure that financial arrangements with supervisees and employees are understandable and conform to accepted professional practices.
   2. Communicate scholarly and accurate information when instructing supervisees and/or students in education or on placements/practicum.
   3. Instruct, educate, and train their students, employees, and supervisees in compliance with applicable industry, legal, regulatory, ethical, professional, and organizational standards.
   4. Promote the professional growth of students, employees and supervisees.
   5. Understand and be aware of their influence upon students, employees, and supervisees and avoid exploiting the trust and dependency of such persons.
   6. Prohibit students, employees, or supervisees from performing or holding themselves out as competent to perform professional services beyond their training, level of experience, and competence.
   7. Timely complete and submit all documentation required by the student, employee, or supervisee, including, but not limited to, documents which are necessary for the student’s, employee’s, or supervisee’s licensure, credentialing, graduation, and/or employment.
2. Art therapists shall not knowingly allow any students, employees, or supervisees to represent their qualifications and/or competencies in a manner which is false, misleading, or deceptive.
3. Art therapists shall not knowingly allow any students, employees, or supervisees to provide services for which they are not qualified, certified and, when applicable, properly licensed, or which are beyond their education, training, experience, or competence, including multicultural and diversity competence.
4. Art therapists shall only delegate tasks to their students, employees, or supervisees after establishing that they can competently perform the tasks and that the delegation complies with applicable standards.
5. Art therapists who offer and/or provide supervision shall:
   
   
   1. Ensure that they have proper and current training, education, and experience, including but not limited to education in clinical supervision to function in a supervisory role.
   2. Provide supervision only within their identified scope of competence, and only after obtaining knowledge and skills in effective supervisory practices.
   3. Ensure that supervisees are informed of the supervisor’s credential(s) and professional status as well as all conditions of supervision.
   4. Ensure that supervisees are aware of the current ethical standards related to the supervisor’s professional practice.
   5. Make reasonable efforts to maintain regular contact with supervisees and shall make reasonable efforts to reschedule missed supervision sessions.
   6. Provide supervisees with adequate feedback and evaluation throughout the supervision process.
   7. Ensure that supervisees inform their clients of their professional status, the name and contact information of their supervisors, and obtain informed consent from their clients for sharing client information and artwork or reproductions, as necessary, with their supervisors.
   8. Establish procedures with their supervisees for handling a crisis situation.
   9. Ensure that they are communicating the correct application and credential requirements of the ATCB to potential or current ATCB applicants.

2.9 Handling of Confidential Information

1. Art therapists shall take reasonable steps to safeguard confidential information obtained by the art therapist, and any employees, interns and students of the art therapist, in the course of practice, teaching, supervision, research or other professional services.
2. Art therapists shall take reasonable steps to protect confidential information and prevent the accidental or inadvertent disclosure or sharing of confidential information.
3. Confidential information shall not be disclosed by the art therapist unless:
   
   
   1. Informed consent is obtained by the client or the client’s legally authorized representative.
   2. The disclosure is necessary to protect the client or others from harm.
   3. The disclosure is necessary to assist with the prevention of a crime that is reasonably likely to cause physical, mental, or financial harm to another.
   4. The disclosure of confidential information is required by law or court order.
4. When an art therapist is authorized or legally required to disclose confidential information with a third party, the art therapist shall share only information which is narrowly tailored to accomplish the specific purpose of the communication.
5. Art therapists shall exercise reasonable care to ensure that confidential information is appropriately modified, redacted, or otherwise concealed to prevent identification when necessary or appropriate.
6. Subject to the above exceptions, confidential information shall remain confidential even after the professional relationship between the art therapist and the individual has ended.
7. Art therapists shall also comply with all other applicable industry, legal, regulatory, ethical, professional, and organizational confidentiality requirements based on each jurisdiction in which they practice.

2.10 Data Privacy

1. Art therapists shall ensure that all reasonable security measures are taken to ensure records and written data are protected from access by unauthorized persons.
2. Art therapists shall take reasonable steps to ensure that the content and disposition of all records is in compliance with relevant federal, provincial, tribal, state, and local laws, legal requirements and regulations, and all professional standards which pertain to art therapy in each jurisdiction.
3. Any data derived from a client, student, or supervisory relationship and subsequently used in training or research shall be disguised to protect identity, unless expressly authorized by the client’s informed and voluntary consent.

2.11 Websites and Social Media

1. The following applies to art therapists who maintain one or more professional websites, and who also utilize social media:
   
   
   1. The art therapist shall take reasonable steps to provide a website that is safe, secure, contains appropriate content, and is accessible to clients and prospective clients.
   2. On their professional website(s), the art therapist shall provide electronic links to the ATCB and other relevant licensing and certification boards.
   3. An art therapist utilizing social media shall clearly distinguish between their personal and professional profiles.
   4. Regarding their professional social media profiles, an art therapist shall provide links to the ATCB and other relevant boards to protect consumer rights and address ethical concerns.
   5. Art therapists who post on social media shall ensure that their posts reflect conduct outlined in this Code.

2.12 Advertising

While art therapists are encouraged to promote the welfare and visibility of the profession and access to art therapy, there are certain rules and limits on how professional art therapy services are advertised, including the following:

1. Art therapists shall accurately advertise their competence, education, earned credentials, training, and experience, and shall not use advertising which is misleading, deceptive, or false.
2. Art therapists shall take reasonable steps to ensure that all advertisements accurately convey necessary and appropriate information for public decision-making.
3. Art therapists shall not use any professional identification (such as a business card, office sign, letterhead, or directory listing) if it includes a statement or claim that is known to be false, fraudulent, misleading, or deceptive.

3.1 Compliance with ATCB Standards, Policies and Procedures

As a condition of eligibility for and continued maintenance of any ATCB credential and/or board certification each applicant and credential holder understands and agrees to the following:

1. No person is eligible for credentials unless in compliance with all ATCB eligibility criteria as stated in ATCB applications, as well as all other ATCB rules and standards, policies and procedures, including, but not limited to, those stated in this Code.
2. All applications, renewals, recertification and extension requests, reinstatements, expedited reviews, state licensure exams, reviews (education and recertification), verification, name changes, status changes (retirement, temporary inactive and inactive) must be completed within the MyATCB portal.
3. The ATCB may deny, suspend, revoke, decline to renew, recertify or otherwise act upon credentials when an applicant, registrant, or certificant is not in compliance with this Code, and all other ATCB standards, rules, policies, and procedures.
4. An applicant must update MyATCB portals with any change in name, address, telephone number, e-mail address, or other pertinent contact information within thirty (30) calendar days of the change.
5. Notwithstanding any other provision in this Code, the ATCB may suspend, deny or revoke application(s), credentials and/or certifications, or otherwise take any appropriate action with regard to credentials under circumstances including, but not limited to:
   
   
   1. Failure to meet and maintain eligibility for ATCB credentials, including but not limited to properly, fully, and timely completing applications, renewals, recertifications, and all accompanying attestations.
   2. Fraudulent or dishonest conduct or misrepresentation in connection with any ATCB examination.
   3. Knowingly providing false, misleading, dishonest, deceitful or fraudulent information to the ATCB in any context.
   4. Knowingly publishing or disseminating false or misleading information about the ATCB.
   5. Misrepresentation of the status of ATCB credentials.
   6. Any criminal charge(s) and/or conviction(s) involving an applicant or credential holder.
   7. Any legal action filed against an applicant or credential holder.
   8. Any code/compliance, disciplinary and/or legal actions initiated by a licensing board, regulatory body, professional association, or benefit provider.
6. Each applicant and credential holder agrees to take reasonable steps to participate in any review of eligibility or credential status and provide documents/information requested by the ATCB. This does not override one’s Constitutional right against self-incrimination.

3.2 Application Process

As part of the application process, each applicant and credential holder understands and agrees to the following:

1. An applicant must truthfully and completely submit the required application, attestations, and fees, and notify the ATCB of any changes in circumstances.
2. Applicants must disclose:
   
   
   1. Any past criminal indictments, charges, or complaints.
   2. Convictions related to disclosed criminal cases.
   3. Any pending criminal cases.
   4. Past charges/complaints from regulatory bodies, associations, or payers.
   5. Pending charges/complaints from such entities.
   6. Past litigation for professional misconduct.
   7. Pending litigation for professional misconduct.
3. Applicants must provide reasonable explanation and documentation for items disclosed under 3.2(b), with respect for the right against self-incrimination.
4. The ATCB may request additional documentation. Applicants must comply within deadlines or notify ATCB Headquarters.
5. Applicants must disclose the final disposition of any item under 3.2(b) within 60 calendar days and provide related documentation.

3.3 Annual Maintenance (Renewal) of Credentials

The ATCB credential year is July 1 to June 30. The annual renewal begins April 1. Incomplete attestations result in inactive status.

1. Credential holders must submit full and truthful renewal applications, fees, and notify the ATCB of relevant changes.
2. At the time of renewal, credential holders must disclose:
   
   
   1. Past criminal indictments, charges, or complaints.
   2. Convictions related to disclosed cases.
   3. Pending criminal cases.
   4. Past complaints from professional or governmental bodies.
   5. Pending complaints from such entities.
   6. Past litigation for professional misconduct.
   7. Pending litigation for professional misconduct.
3. Credential holders must explain and provide documentation for 3.3(b) items, respecting the right against self-incrimination.
4. The ATCB may request further documentation. Credential holders must comply by deadlines or notify the National Office.
5. Credential holders must report final dispositions of disclosed matters within 60 days and submit supporting documentation.
6. Unrenewed credentials enter a 30-day grace period ending July 30. After that, credentials become inactive.
   
   
   1. Appeals may be made to the ATCB Board of Appeals (BOA).
7. Credential holders may opt for temporary inactive status or relinquishment via the MyATCB portal.
8. To return to active status, holders must:
   
   
   1. Complete the reinstatement application.
   2. Fulfill application process requirements.
   3. Comply with Sections 3.2(b), (c), and (d).
   4. Have complied with Section 3.1 to be eligible for reinstatement.

3.4 Five-year Maintenance of Board Certification

1. To recertify board certification, credential holders must follow ATCB recertification standards.
2. Failure to recertify within the 5-year period results in loss of board certification. A 90-day extension may be granted.
   
   
   1. Credential holders may appeal to the BOA per ATCB appeals policy.

3.5 New Complaints, Criminal or Administrative Proceedings

1. Applicants and credential holders must disclose:
   
   
   1. New criminal indictments, charges, or complaints not previously disclosed.
   2. New convictions related to disclosed cases.
   3. New administrative or professional complaints not previously disclosed.
   4. New litigation for professional misconduct not previously disclosed.
   5. ATCB may request additional documentation, which must be promptly provided unless a deadline is indicated.
2. Disclosures must be made within 60 days of filing.
3. Applicants/holders must explain the disclosed matter and submit supporting documents, respecting the right against self-incrimination.
4. Final disposition of disclosures must be reported within 60 days, along with documentation such as judgments or penalties.

3.6 Proprietary Ownership and Use of ATCB Credentials

1. All ATCB exams, certificates, seals, marks, and abbreviations are ATCB property and cannot be used without written consent.
2. Unauthorized use may result in disciplinary action or civil/criminal penalties.
3. Inactive, suspended, limited, revoked, or relinquished credentials require immediate cessation of all use of ATCB property.

4.1 Compliance Division and Hearing Officer

1. The ATCB Board of Directors has authorized the Compliance Division of the ATCB to investigate and/or consider alleged and/or potential violations of this Code or any other ATCB standard, policy or procedure.
2. The ATCB Board of Directors has appointed a Head Compliance Officer to manage the Compliance Division. The initial appointment of the Head Compliance Officer shall be for a term of one year. Thereafter, the Head Compliance Officer’s term may be renewed by the Board of Directors for additional one-year terms.
3. With approval from the Board of Directors, the Head Compliance Officer shall have the authority to appoint any number of Compliance Officers to support the Head Compliance Officer and the Compliance Division. The initial appointment of each Compliance Officer shall be for a term of one year. Thereafter, each Compliance Officer’s term may be renewed by the Board of Directors for additional one-year terms.
4. The Compliance Division, including the Head Compliance Officer and all Compliance Officers, shall be overseen by the ATCB’s Executive Director.
5. The ATCB Board of Directors shall also appoint a Hearing Officer, who shall serve to review the determinations and/or recommendations received from the Compliance Division, by and through the (Head) Compliance Officer, and shall adjudicate the same, and administer sanctions when necessary and consistent with the provisions of this Code.
   
   
   1. The Hearing Officer shall not be a former or current art therapist or past or current ATCB credential holder.
   2. The initial appointment of the Hearing Officer shall be for a term of one year. Thereafter, the Hearing Officer’s term may be renewed by the Board of Directors for additional one-year terms.
6. The ATCB’s Executive Director (or designee) shall be primarily responsible for communicating with the Board of Directors, Compliance Division, and the Hearing Officer regarding all matters involving alleged and/or potential violations of this Code or any other ATCB standard, policy or procedure. The Executive Director (or designee) is also primarily responsible for communicating with the parties to a matter involving alleged and/or potential violations of this Code or any other ATCB standard, policy or procedure on behalf of the ATCB.

4.2 Third-party complaints

1. Any person alleging a violation of this Code, or any other ATCB standard, policy or procedure, by an ATCB applicant or credential holder, shall submit a formal complaint following the official complaint process established by the ATCB.
   
   
   1. A person initiating a complaint shall be referred to as the “Complainant”. The ATCB applicant or credential holder who is the subject of the complaint shall be referred to as the “Respondent”.
   2. Complaints must include as much detail and specificity as possible, including identifying all person(s) alleged to be involved, listing all witnesses (with contact information), and all facts concerning the alleged conduct. The complaint must be accompanied by all available documentation.
2. The Executive Director (or designee) shall forward the complaint to the Head Compliance Officer. The Head Compliance Officer shall then conduct a preliminary review of the complaint and any/all supporting/accompanying information and documentation. After the preliminary review, the Head Compliance Officer may continue and complete the review/investigation of the matter or may assign the matter to a Compliance Officer who would then complete a review/investigation of the matter.
   
   
   1. If a complaint is filed against an individual who is not an ATCB applicant or credential holder, then a copy of the complaint shall be sent to the listed Respondent, for informational purposes only, and the Complainant and Respondent shall be advised that the ATCB does not have jurisdiction over the complaint and will take no further action regarding the complaint.
   2. In all other cases, the (Head) Compliance Officer, through the Executive Director (or designee), shall send a copy of the complaint and any other related materials to the Respondent. The Executive Director (or designee) will redact any personally identifiable information of the complainant (contact information and address).
   3. When a third-party complaint is filed with the ATCB, which appears to involve one or more legal issues or disputes between Complainant and Respondent, rather than issues surrounding standards of practice or eligibility considerations, the (Head) Compliance Officer has discretion to make a determination that the matter does appear to be a legal dispute between the parties and, as such, the complaint will be held in abeyance, and no further action will be taken by the ATCB, unless/until the outcome of the underlying legal matter is communicated to the ATCB by the Complainant.
   4. Other than situations detailed in the preceding subparagraph, Respondent shall be given a deadline by which they are required to respond to the complaint and to any requests for information which are made to Respondent by the (Head) Compliance Officer. Failure of the Respondent to timely respond to an (Head) Compliance Officer’s request for a response to the complaint and/or for additional information or documentation may result in: a) the credential being placed in inactive status, and/or b) an adverse determination against Respondent, including a determination pursuant to Section 4.5 of this Code, or a referral to the Hearing Officer pursuant to Section 4.6 of this Code.
   5. The (Head) Compliance Officer may also request additional information or documentation from the Complainant. If such a request is made, Complainant shall be given a deadline by which they must respond to the (Head) Compliance Officer’s request for additional information/documentation. Failure of the Complainant to timely respond to the (Head) Compliance Officer’s request for additional information/documentation may result in an administrative dismissal of the complaint by the (Head) Compliance Officer, unless the (Head) Compliance Officer determines that another course of action is warranted under the circumstances and consistent with the provisions of this Code.
   6. The (Head) Compliance Officer has the discretion to consider the nature of the alleged/potential violations and, in appropriate situations, may approve credentials and/or renewals, pending the final disposition of the underlying matter giving rise to the alleged violation and/or the conclusion of the (Head) Compliance Officer’s investigation.

4.3 Self-reported violations

1. Pursuant to this Code, all art therapists who seek to obtain or maintain credential(s) or certification(s) under the authority of the ATCB have an obligation to abide by this Code, and all other ATCB standards, policies and procedures.
2. Further, all art therapists who seek to obtain or maintain ATCB credentials have an obligation to timely report any and all possible and actual violations of this Code or any other ATCB standard, policy and procedure, to the ATCB, as outlined in this Code.
3. When art therapists, who seek to obtain or maintain ATCB credentials, self-report a possible violation of this Code or any other ATCB standard, policy and procedure, the Executive Director (or designee) shall forward the self-reported information and documentation to the Head Compliance Officer. The Head Compliance Officer shall conduct a preliminary review of the matter and any/all corresponding information and documentation. After the preliminary review, the Head Compliance Officer may continue and complete the review/investigation of the matter or may assign the matter to a Compliance Officer who would then complete a review/investigation of the matter.
   
   
   1. The (Head) Compliance Officer may request additional information or documentation from the applicant or credential holder. If such a request is made, the art therapist shall be given a deadline by which they must respond to the (Head) Compliance Officer’s request for additional information/documentation. Failure of the art therapist to timely respond to the (Head) Compliance Officer’s request for additional information or documentation may result in: a) the credential being placed in inactive status, and/or b) an adverse determination against Respondent, including a determination pursuant to Section 4.5 of this Code, or a referral to the Hearing Officer pursuant to Section 4.6 of this Code.
   2. The (Head) Compliance Officer has the discretion to consider the nature of the alleged/potential violations and, in appropriate situations, may approve credentials and/or renewals, pending the final disposition of the underlying matter giving rise to the self-reported violation and/or the conclusion of the (Head) Compliance Officer’s investigation.

4.4 Other potential violations.

1. If anyone who is acting in any official capacity on the ATCB’s behalf has reason to believe that an ATCB applicant or credential holder may have committed one or more violations of the code, and the potential violation has not otherwise been reported to the ATCB by a third-party or the art therapist, the individual may request a Compliance investigation.
2. To begin the Compliance investigation, any/all information concerning the potential violation shall be forwarded to the Head Compliance Officer, who shall conduct a preliminary review of the matter and any/all corresponding information and documentation. After the preliminary review, the Head Compliance Officer may continue and complete the review/investigation of the matter or may assign the matter to a Compliance Officer who would then complete a review/investigation of the matter.
   
   
   1. The (Head) Compliance Officer, through the Executive Director (or designee), shall send correspondence to the ATCB applicant or credential holder who is the subject of the investigation. The correspondence shall identify the potential violation(s) and shall detail the next steps in how the matter will be handled, which may include a request for information, documentation, and/or an explanation from the ATCB applicant or credential holder. The correspondence may also request that the ATCB applicant or credential holder take action to remedy the potential violation within a set time period.
   2. The correspondence referenced in the preceding subparagraph shall include a deadline by which the ATCB applicant or credential holder is expected to take the action(s) requested in the correspondence. Failure of the ATCB applicant or credential holder to timely take the action(s) requested in the correspondence may, if applicable, result in: a) the credential being placed in inactive status, and/or b) an adverse determination against the applicant or credential holder, including a determination pursuant to Section 4.5 of this Code, or a referral to the Hearing Officer pursuant to Section 4.6 of this Code.
   3. The (Head) Compliance Officer has the discretion to consider the nature of the potential violation(s) and, in appropriate situations, may approve credentials and/or renewals, pending the final disposition of the underlying matter giving rise to the potential violation(s) and/or the conclusion of the (Head) Compliance Officer’s investigation.

4.5 Compliance Division investigation process.

1. If, after completing their investigation, the (Head) Compliance Officer determines that the complaint (Section 4.2), self-report (Section 4.3), or other potential violation (Section 4.4) fails to state a violation of this Code, or any other ATCB standard, policy or procedure, the (Head) Compliance Officer has the authority to administratively close the matter. Such a determination shall be communicated in writing to the parties thereto, in a form and/or manner as determined by the (Head) Compliance Officer.
2. If the (Head) Compliance Officer determines that the complaint (Section 4.2), self-report (Section 4.3), or other potential violation (Section 4.4) may establish what the (Head) Compliance Officer determines to be one or more minor or technical violations of this Code, or that the violations do not otherwise appear serious and/or significant enough to require a referral of the matter to the Hearing Officer, the (Head) Compliance Officer may choose to resolve the complaint, self-report, or other violation by the issuance of an advisory letter to the Respondent or art therapist. The advisory letter should set out: a) the identified violations; and b) any recommended corrective or preventative measures that should be considered by the Respondent or art therapist in the future.
   
   
   1. Before determining that an advisory letter is appropriate under this Section of the Code, the (Head) Compliance Officer shall consider: a) all relevant facts and circumstances of the particular complaint (Section 4.2), self-report (Section 4.3), or other potential violation (Section 4.4), b) the educational, professional, and (any) criminal history of the Respondent or art therapist, and c) any past professional and/or ethical misconduct of the Respondent or art therapist, including, but not limited to any ATCB code/compliance history.
   2. If an advisory letter is issued, it shall be maintained as part of the Respondent or art therapist’s file and may be taken into consideration when reviewing future complaints and/or allegations brought or made against the Respondent or art therapist, and any corresponding sanctions. Advisory letters issued pursuant to this Code shall not be made public.
   3. A Complainant is not entitled to a copy of the advisory letter but shall receive notice that a determination has been made in the matter, in a form and/or manner as determined by the (Head) Compliance Officer.
   4. If a non-public advisory letter is issued, the ATCB has discretion, and in some circumstances may be legally and/or contractually required to report the underlying matter and Code violations, as well as the outcome of the compliance investigation and any determinations made and/or sanctions levied by the (Head) Compliance Officer, to any/all State licensing authorities and/or other regulatory or government agencies.
3. If the (Head) Compliance Officer determines that the complaint (Section 4.2), self-report (Section 4.3), or other potential violation (Section 4.4) may establish what the (Head) Compliance Officer determines to be one or more violations of this Code, and that the violation(s) may be serious and/or significant enough to require a referral of the matter to the Hearing Officer, the (Head) Compliance Officer, in lieu of an immediate referral of the matter to the Hearing Officer, may choose to offer the Respondent or art therapist an opportunity to be placed on a probationary term, for a length of time and with conditions which the (Head) Compliance Officer believes will sufficiently address/correct the issues/violations raised in the complaint or self-report.
   
   
   1. Before determining that a probationary term is appropriate under this Section of the Code, the (Head) Compliance Officer shall consider: a) all relevant facts and circumstances of the particular complaint (Section 4.2), self-report (Section 4.3), or other potential violation (Section 4.4), b) the educational, professional, and (any) criminal history of the Respondent or art therapist, and c) any past professional and/or ethical misconduct of the Respondent or art therapist, including, but not limited to any ATCB code/compliance history.
   2. If the (Head) Compliance Officer offers to place an individual on a probationary term, in lieu of referring the matter to the Hearing Officer, the (Head) Compliance Officer shall identify the Code violations and:
      
      
      1. Set a specific probationary term, measured in months;
      2. Set specific conditions for the probationary term, which may include, but are not limited to:
         
         
         1. the completion of certain educational and/or therapeutic requirements, as determined by the (Head) Compliance Officer, in consultation with an appropriate ATCB representative, to be appropriate to address any/all area(s) of concern;
         2. the requirement that the Respondent or art therapist report regularly to the ATCB The Compliance Liaison or Executive Director (or designee) on matters that are conditions of the probation;
         3. the requirement that the Respondent or art therapist’s health care provider(s) submit periodic progress reports to the ATCB;
         4. the requirement that anyone assisting the Respondent or art therapist with any/all educational and/or therapeutic requirements, set forth by the (Head) Compliance Officer, submit periodic progress reports to the ATCB;
         5. the requirement that the Respondent or art therapist’s employer(s) and/or supervisor(s) submit periodic progress reports to the ATCB; and
         6. any other conditions and/or requirements which are determined to be appropriate by the (Head) Compliance Officer.
   3. If the Respondent or art therapist agrees to the probation term and conditions, and successfully and timely completes all terms and conditions of the probationary term, the matter may be resolved by an advisory letter to the Respondent or art therapist which summarizes the violation(s) and completion of the probationary term. Section 4.5(b) shall apply to an advisory letter issued pursuant to this Section of the Code.
   4. If a non-public advisory letter is issued, the ATCB has discretion, and in some circumstances may be legally and/or contractually required to report the underlying matter and Code violations, as well as the outcome of the Compliance’ investigation and any determinations made and/or sanctions levied by the (Head) Compliance Officer, to any/all State licensing authorities and/or other regulatory or government agencies.
   5. If the Respondent or art therapist does not agree to the probation term and conditions, or does not successfully and/or timely complete all terms and conditions of the probationary term, the matter will be referred to the Hearing Officer and will then be handled according to Section 4.6 of the Code.
4. If the (Head) Compliance Officer determines that the complaint (Section 4.2), self-report (Section 4.3), or other potential violation (Section 4.4) may establish what the (Head) Compliance Officer determines to be one or more violations of this Code, but that the matter is not appropriately handled under 4.5(b) or 4.5(c), the (Head) Compliance Officer may take any other action consistent with this Code, including a referral of the matter to the Hearing Officer, pursuant to Section 4.6 of this Code.

4.6 Referral to the Hearing Officer

1. If the (Head) Compliance Officer determines that: i) reasonable cause may exist to deny eligibility for one or more credential(s), or ii) that reasonable cause may exist to establish a failure to comply with this Code, or any other ATCB standard, policy or procedure, other than violations resolved pursuant to Sections 4.5(b) or (c) of this Code, the (Head) Compliance Officer shall provide the Hearing Officer with a written correspondence which: i) summarizes the allegations or self-reported information; ii) details the suspected Code violations; iii) details the (Head) Compliance Officer’s finding of reasonable cause; and iv) offers a recommendation regarding an appropriate outcome and/or sanction, if appropriate.
2. Along with the correspondence to the Hearing Officer, the (Head) Compliance Officer shall include a copy of the original self-report documentation or third-party complaint, whichever applies, together with all relevant materials gathered by the Compliance Officer during their investigation.
3. A copy of the (Head) Compliance Officer’s correspondence, and all relevant materials included therewith, shall also be provided to all parties to the matter, as well as legal counsel representing any party to the matter. Note, however, that the information sent to a party, and a party’s legal counsel, may first be redacted when appropriate.
4. All written correspondence, materials and/or notices to the Respondent (Section 4.2) and/or art therapist (Sections 4.3, 4.4) will be uploaded to the credential holder’s MyATCB portal and sent via certified mail, return receipt requested, to their address listed in the ATCB records.

4.7 Hearing Procedures for Matters Referred to the Hearing Officer

1. Within thirty (30) days of the date of the (Head) Compliance Officer’s correspondence to the Hearing Officer, as detailed in Section 4.6, the Respondent or credential holder may, by written notice to the Hearing Officer: (i) admit the allegations and, if desired, provide an explanation regarding the same, in which case the Hearing Officer will render a decision, and assess any appropriate sanction, based on the information and recommendation(s) received from the (Head) Compliance Officer, as well as the credential holder admission(s) and explanation; (ii) deny the allegations without requesting a hearing, in which case the Hearing Officer will render a decision, and any appropriate sanction, based on the written materials and recommendation(s) previously provided by the (Head) Compliance Officer; or (iii) deny the allegations and request a hearing before the Hearing Officer.
2. If the Respondent or credential holder requests a hearing before the Hearing Officer the following guidelines and procedures shall apply:
   
   
   1. The Hearing Officer will notify the parties of the date and time of the hearing, which will be held via remote/virtual technology, unless the Hearing Officer, with approval from the Board of Directors, agrees to conduct an in-person hearing at a party’s request. The initial hearing date will be scheduled within sixty (60) days of the date which the Hearing Officer receives the Respondent or art therapist’s request for a hearing.
   2. A party may request a change of the hearing date or time, with said request being based on a showing of good cause and with supporting documentation being provided. The Hearing Officer shall have the sole discretion to consider any such request and the Hearing Officer’s decision is final. If the request for a new date/time is granted, the Hearing Officer will notify the parties of that decision and will indicate the new date/time of the hearing.
   3. At the hearing:
      
      
      1. The Hearing Officer shall record the hearing, if/when possible by using the record function associated with the remote hearing technology/platform. The recording will be retained in a manner and for a period of time which is consistent with the version of ATBC’s Retention of Documents policy(ies) which is/are in effect at the time of the hearing.
      2. Any/all party(ies) and any/all witness(es) may, at their own expense, be represented by legal counsel in a hearing before the Hearing Officer.
      3. The (Head) Compliance Officer and credential holder and credential holder’s counsel (if applicable) shall be afforded the opportunity to make an opening statement.
      4. The Compliance Officer shall then present the allegations and any information and/or evidence related to the allegations.
      5. The Respondent or credential holder, or their counsel, shall then have the option to present a defense, including any information and/or evidence related to the allegations or defense to the same.
      6. All parties shall be afforded the opportunity to present pertinent documents or other information, to present witnesses, to cross-examine opposing witnesses, and to make a closing argument.
      7. Unless otherwise stated in the Code, the burden of proof shall be on the (Head) Compliance Officer to establish a violation of the Code and/or a violation of another ATCB policy or procedure, by a preponderance of the evidence, i.e., that it is more likely than not that one or more violation(s) of the Code or another ATCB policy or procedure has occurred.
3. If the Respondent or credential holder requests a hearing before the Hearing Officer and fails to appear for said hearing, the Hearing Officer shall proceed with the hearing and render a decision based on the information and documents presented by the (Head) Compliance Officer, including any/all information and documentation previously submitted to the Hearing Officer. The Hearing Officer may consider the Respondent or credential holder’s failure to appear at the hearing in reaching a decision and/or imposing one or more sanctions.

4.8 Findings of the Hearing Officer Following Hearing

1. Within thirty (30) days of the date upon which the hearing is concluded, the Hearing Officer will issue a written decision.
2. If the Hearing Officer finds that the allegation(s) has not been proven, the Hearing Officer’s written decision shall indicate the same, and also indicate that no further action will be taken. The Hearing Officer’s written decision shall be sent to the credential holders and the Complainant, if any, by certified mail. If applicable, the decision will also be uploaded to a credential holder’s file in their MyATCB portal.
3. If the Hearing Officer finds that any/all allegation(s) have been proven, the Hearing Officer’s written decision shall set forth the Hearing Officer’s findings in that regard, together with the sanctions and/or probation terms being imposed, including those listed in Sections 4.8(d), (e), and (f). The Hearing Officer’s written decision shall be sent to the Respondent/credential holder and the Complainant, if any, by certified mail. If applicable, the decision will also be uploaded to a credential holder’s file in their MyATCB portal.
4. Once the Hearing Officer finds that any/all allegation(s) have been proven, the Hearing Officer may assess one or more sanctions, including, but not limited to the following:
   
   
   1. The denial of refusal to issue, or refusal to renew a credential or maintain board certification;
   2. The suspension of a credential or certification, together with a determination of the length of the suspension;
   3. The revocation of a credential or board certification;
   4. The placement of a credential holder on a probationary status with the ATCB, for a period of time and with conditions determined by the Hearing Officer, as set forth in Section 4.8(f);
   5. The issuance of a written reprimand;
   6. The requirement of mandatory remediation through specific education, treatment, and/or supervision;
   7. The requirement that the credential holder take appropriate corrective action(s), including those actions and pursuant to any timeline set forth by the Hearing Officer; and
   8. Any other corrective action, as determined to be appropriate by the Hearing Officer.
5. If the Hearing Officer finds that any/all allegation(s) have been proven, the ATCB has discretion, and in some circumstances may be legally and/or contractually required to report the underlying matter and Code violations, as well as the outcome of the Hearing Officer hearing, resulting sanctions, and any change(s) to credential status, to any/all State licensing authorities and/or other regulatory or government agencies.
6. If the Hearing Officer places a credential holder on a term of probation, in lieu of suspension or revocation, the Hearing Officer may:
   
   
   1. Set a specific probationary term, measured in months;
   2. Set specific conditions for the probation term, including, but not limited to, the completion of certain educational and/or therapeutic requirements, as determined by the Hearing Officer to be appropriate to address any/all area(s) of concern;
   3. Require the credential holder to report regularly to the ATCB on matters that are conditions of the probation;
   4. Require periodic progress reports from the credential holder’s health care provider(s);
   5. Require periodic progress reports from anyone assisting the credential holder with any/all educational and/or therapeutic requirements set forth by the Hearing Officer; and
   6. Require periodic reports from the credential holder’s employer and/or supervisor; and
   7. Establish any other conditions and/or requirements which are determined to be appropriate by the Hearing Officer.

4.9 Grounds for a Summary Suspension Without a Hearing

1. The (Head) Compliance Officer may present to the Hearing Officer a written recommendation for a summary suspension of a credential without the necessity of a hearing before the Hearing Officer, if the (Head) Compliance Officer determines that:
   
   
   1. The credential holder has had a professional license, designation, credential, or certification revoked or suspended;
   2. The credential holder has been charged with, indicted on, convicted of, or placed on deferred adjudication, community supervision, or probation, or for a criminal offense which raises a significant concern for the protection and safety of the public.
   3. The credential holder has done, or there is reason to believe that they may do something which presents a serious concern for the protection and safety of the public; or
   4. The (Head) Compliance Officer determines that there is another compelling reason to recommend a summary suspension.
2. A copy of the written recommendation shall be sent to the credential holder and the Complainant, if any, by certified mail. If applicable, the decision will also be uploaded to a credential holder’s file in their MyATCB portal.
3. If approved by the Hearing Officer, the ATCB shall notify the credential holder of the summary suspension, in writing by electronic and certified mail at the credential holder’s electronic and physical addresses listed in the ATCB records. The suspension shall be effective seven (7) days after the date of the certified mailing.
4. A registration or certification summarily suspended pursuant to 4.9(a)(ii) shall remain suspended until final resolution of the criminal charge(s), should that be the basis for the summary suspension. In all other circumstances involving a summary suspension, the length of the same shall be determined at the discretion of the Hearing Officer.
5. If the Hearing Officer summarily suspends a credential holder, the ATCB has discretion, and in some circumstances may be legally and/or contractually required to report the underlying matter and Code violations, as well as the summary suspension to any/all State licensing authorities and/or other government bodies.

4.10 Appeal Procedures

1. If a party does not agree with a decision rendered by the (Head) Compliance Officer or the Hearing Officer, that party may appeal the decision to the ATCB Board of Appeals ("BOA") by submitting an official appeal following the established appeals policy of the ATCB.
2. The Executive Director (or designee) shall promptly forward to the BOA all documentation provided to the (Head) Compliance Officer during their investigation, or to the Hearing Officer in the course of a referral of a compliance matter to the Hearing Officer by a (Head) Compliance Officer. Said documentation shall include anything provided by any party to the matter, or counsel for a party. Additionally, the Executive Director (or designee) shall forward a recording of the hearing before the Hearing Officer, if any, to the BOA.
3. The BOA may request any additional or supplemental information regarding the matter, directing the correspondence to the party from whom the BOA is seeking the information. The BOA shall set a deadline for submission of the additional/supplemental information being requested. All other parties to the appeal will be copied on the correspondence.
4. The BOA will then, based on all of the aforementioned information, determine whether: (i) the (Head) Compliance Officer or the Hearing Officer abused their discretion in finding a violation of the Code or other ATCB policy or procedure, (ii) the Hearing Officer abused their discretion in finding cause for a summary suspension under Section 4.9 of this Code, and/or (iii) the (Head) Compliance Officer or the Hearing Officer abused their discretion in determining any sanction imposed by the (Head) Compliance Officer or the Hearing Officer (including suspension, revocation, probationary term, etc.). The BOA, by majority vote, will then issue a written decision on the appeal within a reasonable time following receipt of the appeal or written response, whichever is later. Said decision shall set forth the BOA’s determination(s) regarding items i, ii, and iii above, as applicable.
5. The decision by the BOA is final and shall be uploaded to the credential holder’s MyATCB portal and sent by certified mail to all parties to the appeal, and to legal counsel representing a party in the appeal.

4.11 Reconsideration of Eligibility Credentials

1. If eligibility or credentials are denied or revoked due to a violation of this Code and/or a violation of any other ATCB rule, standard, policy, or procedure, eligibility for credentials may be reconsidered by the Board of Appeals on the following basis:
   
   
   1. If eligibility or credentials are denied or revoked based on a felony conviction, no earlier than five (5) years from and after the exhaustion of appeals, completion of sentence by final release from confinement, probationary or parole status, or satisfaction of fine and/or sentence imposed, whichever is later.
   2. If eligibility or credentials are denied or revoked based on any other reason, and unless a different period of time has been determined to be appropriate by the Hearing Officer, no earlier than two (2) years from the date of denial or revocation.
2. The applicant bears the burden of demonstrating, by clear and convincing evidence, that they possess the requisite ability, character, and fitness to competently and professionally provide art therapy or any related service(s). In addition to any other facts or information requested by the ATCB, information and documentation related to the applicant’s rehabilitative efforts since the denial or revocation will be considered, but are not necessarily conclusive.