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HF 2743

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/07/2023

Current Version - as introduced

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A bill for an act
relating to health professions; establishing licensure for clinical art therapists;
imposing fees and civil penalties; proposing coding for new law in Minnesota
Statutes, chapter 148B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148B.73] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 148B.73 to 148B.89, the terms in this
section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Clinical Art Therapy Advisory
Council established in section 148B.88.
new text end

new text begin Subd. 3. new text end

new text begin Art therapy. new text end

new text begin "Art therapy" means the integrative application of
psychotherapeutic principles and methods with specialized training in art media, the
neurobiological implications of art-making, and art-based assessment models to assist an
individual, family, or group to improve cognitive and sensory-motor functions, increase
self-awareness and self-esteem, cope with grief and traumatic experience, resolve conflicts
and distress, and enhance social functioning.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Marriage and Family Therapy established
in section 148B.30.
new text end

new text begin Subd. 5. new text end

new text begin Certified art therapist. new text end

new text begin "Certified art therapist" means a person who holds an
art therapy board certification in good standing with the Art Therapy Credentials Board or
a substantially similar successor credentialing organization.
new text end

new text begin Subd. 6. new text end

new text begin Clinical art therapy. new text end

new text begin "Clinical art therapy" means the application of art therapy
principles and methods in the diagnosis, prevention, treatment, and amelioration of mental,
developmental, behavioral, and emotional disorders and conditions in children and adults.
new text end

new text begin Subd. 7. new text end

new text begin Licensed clinical art therapist. new text end

new text begin "Licensed clinical art therapist" means a person
who is licensed by the board and meets the requirements of section 148B.77.
new text end

new text begin Subd. 8. new text end

new text begin Privileged communication. new text end

new text begin "Privileged communication" means any information,
including but not limited to client records, artwork, verbal or artistic expressions, assessment
results, or assessment interpretations developed during a professional relationship between
a clinical art therapist and a client.
new text end

new text begin Subd. 9. new text end

new text begin Provisional licensed clinical art therapist. new text end

new text begin "Provisional licensed clinical art
therapist" means a person who has been issued a provisional license by the board and meets
the requirements of section 148B.78.
new text end

new text begin Subd. 10. new text end

new text begin Student. new text end

new text begin "Student" means a person who is enrolled in an art therapy academic
program at an accredited educational institution or who is engaged in the practice of art
therapy in a supervised practicum or internship as part of an approved course of professional
education in art therapy.
new text end

new text begin Subd. 11. new text end

new text begin Supervision. new text end

new text begin "Supervision" means the regular observation and oversight of
the functions and activities of a clinical art therapy student by a supervisor as part of an
internship, practicum, or work experience to ensure the successful application of art therapy.
new text end

Sec. 2.

new text begin [148B.74] DUTIES OF THE BOARD.
new text end

new text begin The board, acting under the advice of the advisory council, shall exercise the following
duties:
new text end

new text begin (1) adopt rules necessary to implement sections 148B.73 to 148B.89;
new text end

new text begin (2) prescribe licensure application forms and issue licenses to individuals who are
qualified under sections 148B.73 to 148B.89;
new text end

new text begin (3) establish and implement procedures designed to ensure that licensed clinical art
therapists comply with the provisions of sections 148B.73 to 148B.89;
new text end

new text begin (4) establish and implement requirements and procedures for clinical art therapist license
renewals and provisional clinical art therapist licenses in accordance with the provisions of
sections 148B.73 to 148B.89; and
new text end

new text begin (5) establish continuing education requirements for licensed clinical art therapists in
accordance with section 148B.81.
new text end

Sec. 3.

new text begin [148B.75] SCOPE OF PRACTICE.
new text end

new text begin The practice of clinical art therapy includes:
new text end

new text begin (1) implementation of art therapy interventions, including evaluation, treatment planning,
assessment, and referral;
new text end

new text begin (2) development of an art-based treatment plan to address the cognitive, developmental,
behavioral, and emotional disorders of a client;
new text end

new text begin (3) use of therapeutic interventions to facilitate alternative modes of receptive and
expressive communication;
new text end

new text begin (4) use of art media; creative processes; and resulting artwork to assist clients in coping
with and reducing psychiatric symptoms and post-traumatic stress; enhancing neurological,
cognitive, and verbal abilities; and promoting appropriate skills development;
new text end

new text begin (5) use of crisis intervention; and
new text end

new text begin (6) use of art-based treatments that effectively respond to multicultural populations.
new text end

Sec. 4.

new text begin [148B.76] UNAUTHORIZED PRACTICE; TITLE PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin Effective July 1, 2025, no person shall
practice clinical art therapy unless the person is licensed as a clinical art therapist or as a
provisional licensed clinical art therapist pursuant to sections 148B.73 to 148B.89, except
as otherwise provided.
new text end

new text begin Subd. 2. new text end

new text begin Protected titles. new text end

new text begin No person shall use the title "clinical art therapist," "licensed
clinical art therapist," "licensed art therapist," "art therapist," "certified art therapist," or any
words, letters, abbreviations, or insignia indicating or implying the person is licensed by
the state as a clinical art therapist or an art therapist, or is eligible for licensure as a clinical
art therapist, unless the person is licensed in accordance with sections 148B.73 to 148B.89.
new text end

new text begin Subd. 3. new text end

new text begin Sanctions. new text end

new text begin Any person who violates a provision of this section is guilty of a
misdemeanor and shall be subject to sanctions or actions according to section 214.11.
new text end

new text begin Subd. 4. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (l) a person employed as a clinical art therapist by the federal government or any federal
agency if the person is providing services under the direction and control of the employer;
new text end

new text begin (2) a student enrolled in an art therapy academic program with an accredited educational
institution while practicing clinical art therapy under supervision if such practice constitutes
part of the student's approved course of study and the student is designated by a title such
as "student," "trainee," or any other title that clearly indicates training status;
new text end

new text begin (3) a nonresident who is licensed as a clinical art therapist or its equivalent under the
law of their state of residence who is practicing clinical art therapy in Minnesota for up to
30 days during any calendar year;
new text end

new text begin (4) a person licensed or regulated under the laws of this state in another profession or
occupation, if the person is performing art therapy incidental to the person's professional
scope of practice and the person does not represent their practice as clinical art therapy, use
any of the protected titles under subdivision 2, or otherwise hold themselves out to the public
by any title or description stating or implying that they are licensed to engage in the practice
of clinical art therapy, unless they are licensed under sections 148B.73 to 148B.89;
new text end

new text begin (5) a rabbi, priest, minister, or clergyperson of any religious denomination or sect,
provided the activities and services are within the scope of the performance of regular or
specialized ministerial duties; or
new text end

new text begin (6) an unlicensed complementary and alternative health care practitioner performing a
complementary and alternative health care practice as defined under chapter 146A, if the
person does not represent their practice as clinical art therapy or art therapy, use any of the
protected titles under subdivision 2, or otherwise hold themselves out to the public by any
title or description stating or implying that they are licensed to engage in the practice of
clinical art therapy, unless they are licensed under sections 148B.73 to 148B.89.
new text end

Sec. 5.

new text begin [148B.77] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin General requirements. new text end

new text begin (a) To be licensed as a clinical art therapist, an
applicant must submit an application on a form prescribed by the board and provide evidence
to the board that the applicant:
new text end

new text begin (1) is at least 18 years of age;
new text end

new text begin (2) is of good moral character;
new text end

new text begin (3) holds a master's or doctoral degree from an accredited college or university in a
program in art therapy that is either approved by the American Art Therapy Association or
accredited by the Commission on Accreditation of Allied Health Education Programs at
the time the degree was conferred, or from a program that the board determines is
substantially equivalent to an approved or accredited program in art therapy according to
the requirements of paragraph (b);
new text end

new text begin (4) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas:
new text end

new text begin (i) six credits in diagnostic assessment for child or adult mental disorders, normative
development, and psychopathology, including developmental psychopathology;
new text end

new text begin (ii) three credits in clinical treatment planning, with measurable goals;
new text end

new text begin (iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;
new text end

new text begin (iv) three credits in evaluation methodologies regarding the effectiveness of interventions;
new text end

new text begin (v) three credits in professional ethics applied to clinical practice; and
new text end

new text begin (vi) three credits in cultural diversity;
new text end

new text begin (5) has demonstrated competence in clinical art therapy by passing the Board Certification
Examination administered by the Art Therapy Credentials Board;
new text end

new text begin (6) has demonstrated successful completion of 4,000 hours of supervised, post-master's
degree professional experience in the delivery of clinical art therapy in accordance with
section 148B.82; and
new text end

new text begin (7) has submitted all applicable fees as required under section 148B.89.
new text end

new text begin (b) To be determined as substantially equivalent to an approved or accredited program
in art therapy, a program in art therapy must include a minimum of 60 semester credit hours,
or quarter-credit equivalent hours of graduate level coursework, and not less than 700 hours
of supervised field experience. Program content and coursework must include the mental
health content and art therapy core content requirements to qualify for National Art Therapist
Registration (ATR) established by the Art Therapy Credentials Board in effect at the time
the coursework was successfully completed.
new text end

new text begin (c) The coursework required in paragraph (a), clause (4), may be completed as part of
the degree program, or following the granting of the qualifying degree if the coursework is
taken and passed for credit from an accredited institution that meets requirements established
by the board.
new text end

new text begin Subd. 2. new text end

new text begin Transition period. new text end

new text begin Until July 1, 2026, the board may waive the requirements
of subdivision 1, paragraph (a), clauses (3), (5), and (6), and issue a clinical art therapist
license to an applicant who provides satisfactory evidence to the board that the applicant:
new text end

new text begin (1) holds a credential in good standing as a certified art therapist; and
new text end

new text begin (2) has at least five years of full-time experience in the practice of clinical art therapy.
new text end

Sec. 6.

new text begin [148B.78] PROVISIONAL LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) The board may issue a provisional license to practice
clinical art therapy if the applicant submits an application on a form prescribed by the board
and submits to the board:
new text end

new text begin (1) satisfactory evidence that the applicant meets the requirements of section 148B.77,
subdivision l, paragraph (a), clauses (1) to (3); and
new text end

new text begin (2) applicable fees required under section 148B.89.
new text end

new text begin (b) An applicant seeking a provisional license under this section must submit with the
application a plan for supervised clinical experience that meets the requirements described
in section 148B.82. Upon any change in the supervision plan, a provisional licensee must
submit to the board a revised plan for supervised clinical practice that continues to meet the
requirements of section 148B.82.
new text end

new text begin (c) A provisional licensed clinical art therapist practicing under this section:
new text end

new text begin (1) must use the title "Provisional Licensed Clinical Art Therapist" or the letters
"LCAT-P" in professional activities; and
new text end

new text begin (2) is subject to all statutes and rules to the same extent as an individual who is licensed
under section 148B.77, except the individual is not subject to the continuing education
requirements of section l48B.81.
new text end

new text begin Subd. 2. new text end

new text begin Renewal of provisional license. new text end

new text begin (a) A provisional licensed clinical art therapist
practicing with a provisional license must renew the provisional license annually in
accordance with section 148B.80, with the exception of submission of attestation of
completing continuing education requirements.
new text end

new text begin (b) A provisional license is automatically terminated if not renewed as required under
this subdivision or upon the granting or denial by the board of the applicant's application
for licensure as a clinical art therapist.
new text end

new text begin (c) A provisional license must not be renewed more than five times.
new text end

Sec. 7.

new text begin [148B.79] LICENSURE THROUGH RECIPROCITY.
new text end

new text begin The board shall issue a clinical art therapist license to an individual who holds a current
license as a clinical art therapist or its equivalent from another jurisdiction if the board
determines that the standards for licensure in the other jurisdiction are at least equivalent
to or exceed the requirements of section 148B.77.
new text end

Sec. 8.

new text begin [148B.80] LICENSE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal. new text end

new text begin A license issued by the board must be renewed annually upon
the submission of a complete renewal application, payment of the required renewal fee
under section 148B.89, and attestation to the completion of the continuing education
requirements in section 148B.81.
new text end

new text begin Subd. 2. new text end

new text begin Notice of renewal. new text end

new text begin The board shall send a licensee a renewal notice to the
licensee's last known address on record with the board. The board may send the notice
electronically in addition to sending the notice to the licensee's last known address on record.
new text end

new text begin Subd. 3. new text end

new text begin Receipt of renewal. new text end

new text begin The board must receive the renewal application with a
postmark or electronic completion date on or before the expiration date of the current license.
new text end

new text begin Subd. 4. new text end

new text begin Late fee. new text end

new text begin A licensee must pay a late fee in accordance with section 148B.89 if
the board receives the licensee's renewal application with a postmark or electronic completion
date after the expiration date of the license, but within 30 days of the license expiration date.
new text end

new text begin Subd. 5. new text end

new text begin Failure to renew. new text end

new text begin If the licensee fails to submit the renewal application, the
required continuing education information, or the renewal and late renewal fees within 30
days after the license expiration date, the licensee's license expires and the licensee's right
to practice terminates.
new text end

Sec. 9.

new text begin [148B.81] CONTINUING EDUCATION.
new text end

new text begin Licensees must complete 40 hours of board-approved continuing education every two
years. Of the 40 hours, at least 20 hours must involve content related to the practice of art
therapy, and at least three hours must involve ethical and professional studies education
covering professional ethics, family law, professional socialization, professional
organizations, legal issues, or interprofessional cooperation.
new text end

Sec. 10.

new text begin [148B.82] SUPERVISED EXPERIENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Supervision requirements. new text end

new text begin (a) To qualify as a licensed clinical art
therapist, an applicant must complete 4,000 hours of post-master's degree, supervised work
or volunteer experience in the delivery of clinical art therapy services in the diagnosis and
treatment of mental illnesses and disorders in both children and adults. The supervised
experience must be conducted according to the requirements in paragraphs (b) to (f).
new text end

new text begin (b) The first 2,000 hours of supervised experience must involve clinical practice of art
therapy with supervision by a qualified art therapy supervisor approved by the board in
accordance with subdivision 2. The second 2,000 hours of supervision may be provided by
either a qualified art therapy supervisor or a qualified licensed mental health practitioner
as determined by the board.
new text end

new text begin (c) The supervision must be obtained at the rate of two hours of supervision per 40 hours
of professional experience. Supervision must be evenly distributed over the course of the
supervised professional experience. At least 75 percent of the required supervision hours
must be received in person. The remaining 25 percent of the required hours may be received
by telephone or by audio or audiovisual electronic device.
new text end

new text begin (d) The supervised experience must be in clinical practice and must include at least 1,800
hours of clinical client contact.
new text end

new text begin (e) Qualifying supervised experience must be completed in no fewer than 24 consecutive
months and not more than 72 consecutive months.
new text end

new text begin (f) An applicant may apply a doctoral internship toward the required postgraduate
supervised experience.
new text end

new text begin Subd. 2. new text end

new text begin Qualified art therapy supervisors. new text end

new text begin (a) The following individuals are eligible
for approval by the board as a qualified art therapy supervisor:
new text end

new text begin (1) an art therapy certified supervisor;
new text end

new text begin (2) a licensed clinical art therapist;
new text end

new text begin (3) a licensed marriage and family therapist who is a certified art therapist;
new text end

new text begin (4) a licensed professional clinical counselor who is a certified art therapist; and
new text end

new text begin (5) a certified art therapist.
new text end

new text begin (b) For board approval as a qualified art therapy supervisor, an individual shall submit
an application on a form prescribed by the board with the following:
new text end

new text begin (1) a letter of recommendation from a licensed clinical art therapist or a certified art
therapist attesting to the individual's competence to provide art therapy supervision;
new text end

new text begin (2) evidence of completion of at least three years of postlicensure professional experience;
and
new text end

new text begin (3) evidence of the successful completion of a graduate-level course in clinical supervision
of at least three semester credit hours, or quarter credit equivalent from a regionally or
nationally accredited college or university, or a minimum of 35 continuing education credits
involving courses or training in art therapy supervision.
new text end

new text begin (c) Notwithstanding paragraph (a), the board may approve an applicant as a qualified
art therapy supervisor if the applicant demonstrates competence in supervising individuals
providing clinical art therapy by providing documentation satisfactory to the board that the
applicant:
new text end

new text begin (1) has provided supervision for persons providing clinical art therapy during a period
of at least 36 consecutive months as part of a master's degree program in art therapy approved
by the American Art Therapy Association; and
new text end

new text begin (2) has completed at least 500 hours of experience as a clinical or academic supervisor.
new text end

new text begin (d) Paragraph (c) expires July 1, 2026.
new text end

Sec. 11.

new text begin [148B.83] REFUSAL TO GRANT LICENSE; SUSPENSION OR
REVOCATION OF LICENSE.
new text end

new text begin The board may refuse to grant a license to, or may suspend, revoke, condition, limit,
qualify, or restrict the license of any individual who the board, after a hearing under the
contested case provisions of chapter 14, determines:
new text end

new text begin (1) is incompetent to practice clinical art therapy, or is found to engage in practice of
clinical art therapy in a manner harmful or dangerous to a client or to the public;
new text end

new text begin (2) is convicted by a court of competent jurisdiction of a crime that the board determines
is of a nature to render the convicted person unfit to practice clinical art therapy;
new text end

new text begin (3) has engaged in unprofessional conduct that fails to conform to minimum standards
of acceptable and prevailing practice necessary for the protection of the public;
new text end

new text begin (4) has obtained or attempted to obtain a license or license renewal by bribery or
fraudulent representation; or
new text end

new text begin (5) has knowingly made a false statement on a form required by the board for licensing
or license renewal.
new text end

Sec. 12.

new text begin [148B.84] COMPLAINTS; INVESTIGATION.
new text end

new text begin Licensed clinical art therapists licensed under sections 148B.73 to 148B.89 are subject
to sections 148B.351, 148B.371, and 148B.372.
new text end

Sec. 13.

new text begin [148B.85] DUTY TO MAINTAIN CURRENT INFORMATION.
new text end

new text begin All individuals licensed as clinical art therapists, all individuals with provisional licenses,
and all applicants for licensure must notify the board within 30 days of the occurrence of
any of the following:
new text end

new text begin (1) a change of name, address, place of employment, and home or business telephone
number; and
new text end

new text begin (2) a change in any other application information.
new text end

Sec. 14.

new text begin [148B.86] NONTRANSFERABILITY OF LICENSES.
new text end

new text begin A clinical art therapist license or a provisional clinical art therapist license is not
transferable.
new text end

Sec. 15.

new text begin [148B.87] PRIVILEGED COMMUNICATION; EXCEPTIONS.
new text end

new text begin A person licensed under sections 148B.73 to 148B.89 and employees and professional
associates of the licensed person cannot be required to disclose any privileged communication
that the person, employee, or associate may have acquired in rendering clinical art therapy
services, unless:
new text end

new text begin (1) disclosure is required by other state law;
new text end

new text begin (2) failure to disclose the information presents a clear and present danger to the health
or safety of an individual;
new text end

new text begin (3) the person, employee, or associate is a party defendant to a civil, criminal, or
disciplinary action arising from the therapy, in which case a waiver of the privilege accorded
by this section is limited to that action;
new text end

new text begin (4) the patient is a defendant in a criminal proceeding and the use of the privilege would
violate the defendant's right to a compulsory process or the right to present testimony and
witnesses on that person's behalf; and
new text end

new text begin (5) a patient agrees to a waiver of the privilege accorded by this section, and in
circumstances where more than one person in a family is receiving therapy, each family
member agrees to the waiver. Absent a waiver from each family member, a licensed clinical
art therapist or a provisional licensed clinical art therapist cannot disclose information
received by a family member in therapy.
new text end

Sec. 16.

new text begin [148B.88] CLINICAL ART THERAPY ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The board shall appoint a five-member Clinical Art Therapy
Advisory Council. Four members must be licensed clinical art therapists and one member
must be a public member, as defined in section 214.02.
new text end

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin The advisory council shall be organized and administered as
provided in section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory council shall:
new text end

new text begin (1) advise the board regarding licensure standards for licensed clinical art therapists;
new text end

new text begin (2) distribute information regarding licensed clinical art therapist standards;
new text end

new text begin (3) advise the board on enforcement of sections 148B.73 to 148B.89;
new text end

new text begin (4) review applications and recommend granting or denying licensure or license renewal;
new text end

new text begin (5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
licensed clinical art therapists;
new text end

new text begin (6) advise the board on approval of continuing education programs; and
new text end

new text begin (7) perform other duties authorized for advisory councils under chapter 214, as directed
by the board.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, the advisory council does not
expire.
new text end

Sec. 17.

new text begin [148B.89] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin All individuals licensed as clinical art therapists, all individuals
with provisional licenses, and all applicants for licensure shall pay fees as follows:
new text end

new text begin (1) application fee, $.......;
new text end

new text begin (2) initial licensure fee, $.......;
new text end

new text begin (3) provisional licensure fee, $.......;
new text end

new text begin (4) licensure renewal fee, $.......; and
new text end

new text begin (5) late fee, $........
new text end

new text begin Subd. 2. new text end

new text begin Proration of fees. new text end

new text begin If a licensee's initial license term is less than 12 months, the
board may prorate the initial license fee proportionately. All licensees must pay the full fee
upon license renewal.
new text end

new text begin Subd. 3. new text end

new text begin Nonrefundable fees. new text end

new text begin All fees are nonrefundable.
new text end

new text begin Subd. 4. new text end

new text begin Deposit of fees. new text end

new text begin Fees collected by the board under this section shall be deposited
in the state government special revenue fund.
new text end

Sec. 18. new text begin INITIAL ADVISORY COUNCIL.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 148B.88, the first clinical art therapist
members appointed to the Clinical Art Therapy Advisory Council need not be licensed
under Minnesota Statutes, but must meet the qualifications for licensure under Minnesota
Statutes, section 148B.77. A clinical art therapist initially appointed to the advisory council
must obtain licensure under Minnesota Statutes, section 148B.73 to 148B.89, by January
1, 2024. If the clinical art therapist does not obtain licensure by January 1, 2024, the member
must be removed from the advisory council by the board and a new member who is licensed
under Minnesota Statutes, sections 148B.73 to 148B.89, must be appointed by the board.
new text end

new text begin (b) The executive director of the Board of Marriage and Family Therapy shall convene
the first meeting of the Clinical Art Therapy Advisory Council by October 1, 2023.
new text end

Sec. 19. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the state
government special revenue fund to the Board of Marriage and Family Therapy for the
implementation of Minnesota Statutes, sections 148B.73 to 148B.89.
new text end

Sec. 20. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 17 are effective July 1, 2023.
new text end