Relates to the licensure of therapeutic recreation specialists; defines terms; provides that "therapeutic therapy" or "therapeutic recreation" means a treatment service designed to restore, remediate, and rehabilitate a person's level of functioning and independence in life activities, to promote health and wellness as well as reduce or eliminate the activity limitations and restrictions to participate in life situations caused by an illness or disabling condition; outlines methods for revocation of license; authorizes reciprocity with other states.
TITLE OF BILL: An act to amend the education law, in relation to the licensure of therapeutic recreation specialists; and to amend chapter 676 of the laws of 2002, amending the education law and the social services law relating to licensing mental health practitioners, in relation to preventing prohibitions or limitations on the activities or services of certain persons
PURPOSE: This legislation establishes a system for the licensing of therapeutic recreation specialists to ensure recreational therapy is performed by trained professionals and establishes standards for recreational therapy to preserve the quality of patient care.
SUMMARY OF PROVISIONS: The education law is amended by adding a new article 156-A. Article 156-A sets standards for evaluation and treatment authorization, Prevents persons lacking a license from practicing therapeutic recreation, prohibits coercing a licensed recreational therapist under certain circumstances, establishes eligibility requirements for licensure and license renewal, creates disciplinary procedures to guide the revocation, suspension or denial of a license and sets guidelines for the recognition of licenses from other jurisdictions.
JUSTIFICATION: Therapeutic recreation specialists provide vital treatment for individuals with disabilities or illnesses. Using a variety of techniques, including arts and crafts, animals, sports, games, dance and movement, therapists improve and preserve the physical, mental, and emotional health of their patients. Given the important nature of their work, it is essential that high professional standards are set for therapeutic recreation specialists by creating a proper system for licensing to make sure that recreation therapy is performed by qualified individuals.
LEGISLATIVE HISTORY: 2012: S.4561 - Referred Education to Higher Education/A.674 - Referred to Higher 2011: S.4561 - Referred to Higher Education/A.674 - Referred to Higher Education to Higher Education/A.8073 - Referred to 2010: S.6252 - Referred to Rules/A.8073 - Referred to Higher Education. Higher Education. 2009: S.6252 - Referred
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: January 1 next succeeding the date after it shall have become a law; with provisions.
STATE OF NEW YORK ________________________________________________________________________ 2141 2013-2014 Regular Sessions IN SENATE January 11, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to the licensure of ther- apeutic recreation specialists; and to amend chapter 676 of the laws of 2002, amending the education law and the social services law relat- ing to licensing mental health practitioners, in relation to prevent- ing prohibitions or limitations on the activities or services of certain persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new article 156-A to read as follows: ARTICLE 156-A THERAPEUTIC RECREATION SPECIALISTS SECTION 7950. DEFINITIONS. 7951. EVALUATION AND TREATMENT AUTHORIZATION. 7952. PROHIBITION ON UNAUTHORIZED PRACTICE; PROFESSIONAL IDEN- TIFICATION. 7953. COERCION PROHIBITED. 7954. ELIGIBILITY FOR LICENSURE. 7955. RENEWAL OF LICENSE. 7956. REVOCATION, SUSPENSION OR DENIAL OF LICENSURE. 7957. RECIPROCITY. S 7950. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "BOARD" MEANS STATE THERAPEUTIC RECREATION LICENSURE BOARD. 2. "THERAPEUTIC RECREATION SPECIALIST" MEANS A PERSON LICENSED TO PRACTICE RECREATIONAL THERAPY IN THE STATE. 3. "RECREATIONAL THERAPY" OR "THERAPEUTIC RECREATION" MEANS A TREAT- MENT SERVICE DESIGNED TO RESTORE, REMEDIATE AND REHABILITATE A PERSON'S LEVEL OF FUNCTIONING AND INDEPENDENCE IN LIFE ACTIVITIES, TO PROMOTEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05473-02-3 S. 2141 2
HEALTH AND WELLNESS AS WELL AS REDUCE OR ELIMINATE THE ACTIVITY LIMITA- TIONS AND RESTRICTIONS TO PARTICIPATE IN LIFE SITUATIONS CAUSED BY AN ILLNESS OR DISABLING CONDITION. (A) FOR PURPOSES OF ACCOMPLISHING THERAPEUTIC RECREATION GOALS, RECRE- ATIONAL THERAPY MAY INCLUDE, BUT NOT BE LIMITED TO: (I) REMEDIATION OR RESTORATION OF AN INDIVIDUAL'S PARTICIPATION LEVELS THAT ARE LIMITED DUE TO IMPAIRMENT IN PHYSICAL, COGNITIVE, SOCIAL OR EMOTIONAL ABILITIES; (II) ANALYZING AND EVALUATING RECREATIONAL AND PSYCHOSOCIAL ACTIVITIES TO DETERMINE THE PHYSICAL, SOCIAL, EMOTIONAL AND COGNITIVE AND PROGRAM- MATIC ELEMENTS NECESSARY FOR INVOLVEMENT AND MODIFYING THOSE ELEMENTS TO PROMOTE FULL PARTICIPATION AND MAXIMIZATION OF FUNCTIONAL INDEPENDENCE; (III) USING RECREATIONAL MODALITIES IN DESIGNED INTERVENTION STRATE- GIES TO MAXIMIZE PHYSICAL, COGNITIVE, SOCIAL OR EMOTIONAL ABILITIES; (IV) INCORPORATING THE INDIVIDUAL'S INTERESTS AND THE INDIVIDUAL'S FAMILY AND COMMUNITY TO MAXIMIZE RELEVANCE TO THE INDIVIDUAL'S GOALS; (V) PROMOTING THE CONCEPT OF HEALTHY LIVING INTO TREATMENT STRATEGIES TO DECREASE THE POTENTIAL FOR SECONDARY CONDITIONS; (VI) DEVELOPING COMMUNITY SUPPORT AND ENCOURAGING ATTITUDINAL CHANGES TO REFLECT DIGNITY, SELF RESPECT, AND INVOLVEMENT WITHIN ONE'S COMMUNI- TY; AND (VII) FOSTERING PEER AND INTERGENERATIONAL RELATIONSHIPS. (B) THERAPEUTIC RECREATION SERVICES INCLUDE, BUT ARE NOT LIMITED TO: (I) CONDUCTING AN INDIVIDUALIZED ASSESSMENT FOR THE PURPOSE OF COLLECTING SYSTEMATIC, COMPREHENSIVE AND ACCURATE DATA NECESSARY TO DETERMINE THE COURSE OF ACTION AND SUBSEQUENT INDIVIDUALIZED TREATMENT PLAN; (II) PLANNING AND DEVELOPING THE INDIVIDUALIZED PLAN THAT IDENTIFIES AN INDIVIDUAL'S GOALS, OBJECTIVES AND TREATMENT INTERVENTION STRATEGIES; (III) IMPLEMENTING THE INDIVIDUALIZED PLAN THAT IS CONSISTENT WITH THE OVERALL TREATMENT PROGRAM; (IV) SYSTEMATICALLY EVALUATING AND COMPARING THE INDIVIDUAL'S RESPONSE TO THE INDIVIDUALIZED PLAN AND SUGGESTING MODIFICATIONS AS APPROPRIATE; (V) DEVELOPING A DISCHARGE PLAN IN COLLABORATION WITH THE INDIVIDUAL, THE INDIVIDUAL'S FAMILY AND OTHER TREATMENT TEAM MEMBERS; (VI) IDENTIFYING, DESIGNING, FABRICATING, APPLYING OR TRAINING IN THE USE OF ADAPTIVE RECREATIONAL EQUIPMENT; (VII) IDENTIFYING, APPLYING, AND EVALUATING THE USE OF NON-INVASIVE AND NON-PHARMACOLOGICAL APPROACHES TO REDUCE OR ALLEVIATE PAIN OR MANAGE PAIN TO MINIMIZE ITS IMPACT UPON PARTICIPATION; (VIII) IDENTIFYING, PROVIDING, AND EDUCATING INDIVIDUALS TO USE RESOURCES THAT SUPPORT A HEALTHY, ACTIVE AND ENGAGED LIFE; (IX) MINIMIZE THE IMPACT OF ENVIRONMENTAL CONSTRAINTS AS A BARRIER TO PARTICIPATION; (X) COLLABORATING WITH AND EDUCATING THE INDIVIDUAL, FAMILY, CAREGIV- ER, AND OTHERS TO FOSTER AN ENVIRONMENT THAT IS RESPONSIVE TO THE NEEDS OF THE INDIVIDUAL; AND (XI) CONSULTING WITH GROUPS, PROGRAMS, ORGANIZATIONS, OR COMMUNITIES TO IMPROVE PHYSICAL, SOCIAL, AND PROGRAMMATIC ACCESSIBILITY. S 7951. EVALUATION AND TREATMENT AUTHORIZATION. 1. CONSULTATION AND EVALUATION BY A THERAPEUTIC RECREATION SPECIALIST MAY BE PERFORMED WITH- OUT REFERRAL. INITIATION OF THERAPEUTIC RECREATION SERVICES TO INDIVID- UALS WITH MEDICALLY-RELATED CONDITIONS SHALL BE BASED ON A REFERRAL FROM ANY QUALIFIED HEALTH CARE PROFESSIONAL THAT, WITHIN THE SCOPE OF THE PROFESSIONAL'S LICENSURE, IS AUTHORIZED TO REFER FOR HEALTH CARE SERVICES.S. 2141 3
2. PREVENTION, WELLNESS, EDUCATION, ADAPTIVE SPORTS AND RECREATION, AND RELATED SERVICES SHALL NOT REQUIRE A REFERRAL. S 7952. PROHIBITION ON UNAUTHORIZED PRACTICE; PROFESSIONAL IDENTIFICA- TION. 1. NO PERSON SHALL PRACTICE OR HOLD ONESELF OUT AS BEING ABLE TO PRACTICE THERAPEUTIC RECREATION OR PROVIDE RECREATIONAL THERAPY SERVICES IN THIS STATE UNLESS THE PERSON IS LICENSED UNDER THIS ARTICLE. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT STUDENTS ENROLLED IN BOARD-APPROVED SCHOOLS OR COURSES IN THERAPEUTIC RECREATION FROM PERFORMING THERAPEUTIC RECREATION THAT IS INCIDENTAL TO THEIR RESPECTIVE COURSES OF STUDY OR SUPERVISED WORK. THE BOARD SHALL ADOPT RULES RELA- TIVE TO SCHOOLS OR COURSES ALLOWING STUDENTS TO PRACTICE UNDER THIS SUBDIVISION. 2. LICENSED THERAPEUTIC RECREATION SPECIALISTS MAY USE THE LETTERS "TRS/L" AND "CTRS/L" IN CONNECTION WITH THEIR NAME OR PLACE OF BUSINESS. 3. A PERSON OR BUSINESS ENTITY, ITS EMPLOYEES, AGENTS, OR REPRESEN- TATIVES SHALL NOT USE IN CONJUNCTION WITH THAT PERSON'S NAME OR THE ACTIVITY OF THE BUSINESS THE WORDS THERAPEUTIC RECREATION SPECIALIST, THERAPEUTIC RECREATION, RECREATIONAL THERAPY, RECREATIONAL THERAPIST, RECREATION THERAPY, RECREATION THERAPIST, CERTIFIED THERAPEUTIC RECRE- ATION SPECIALIST, THE LETTERS "TR", "RT", "TRS","CTRS", "CTRS/L", OR ANY OTHER WORDS, ABBREVIATIONS OR INSIGNIA INDICATING OR IMPLYING DIRECTLY OR INDIRECTLY THAT THERAPEUTIC RECREATION IS PROVIDED OR SUPPLIED, INCLUDING THE BILLING OF SERVICES LABELED AS THERAPEUTIC RECREATION OR RECREATIONAL THERAPY, UNLESS SUCH SERVICES ARE PROVIDED UNDER THE DIREC- TION OF A THERAPEUTIC RECREATION SPECIALIST/RECREATIONAL THERAPIST LICENSED PURSUANT TO THIS ARTICLE. A PERSON OR ENTITY THAT VIOLATES THIS SUBDIVISION IS GUILTY OF A VIOLATION FOR THE FIRST OFFENSE AND GUILTY OF A MISDEMEANOR FOR ANY SUBSEQUENT OFFENSE. S 7953. COERCION PROHIBITED. NO PERSON SHALL COERCE A LICENSED THERA- PEUTIC RECREATION SPECIALIST INTO COMPROMISING CLIENT SAFETY BY REQUIR- ING THE LICENSED THERAPEUTIC RECREATION SPECIALIST TO DELEGATE ACTIV- ITIES OR TASKS IF THE LICENSED THERAPEUTIC RECREATION SPECIALIST DETERMINES THAT IT IS INAPPROPRIATE TO DO SO. LICENSED THERAPEUTIC RECREATION SPECIALISTS SHALL NOT BE SUBJECT TO DISCIPLINARY ACTION BY THE BOARD FOR REFUSING TO DELEGATE ACTIVITIES OR TASKS OR REFUSING TO PROVIDE THE REQUIRED TRAINING FOR DELEGATION IF THE LICENSED THERAPEUTIC RECREATION SPECIALIST DETERMINES THAT THE DELEGATION MAY COMPROMISE CLIENT SAFETY. S 7954. ELIGIBILITY FOR LICENSURE. 1. AN APPLICANT SHALL POSSESS THE FOLLOWING QUALIFICATIONS TO BE LICENSED: (A) BE AT LEAST EIGHTEEN YEARS OF AGE; (B) BE OF GOOD MORAL CHARACTER; (C) SUCCESSFULLY COMPLETE A DEGREE FROM AN ACCREDITED COLLEGE OR UNIVERSITY IN ACCORDANCE WITH THE REQUIREMENTS OF A NATIONAL CERTIFYING BODY SUCH AS THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIF- ICATION (NCTRC) AS DETERMINED BY THE BOARD. (D) HOLD A CURRENT CERTIFICATION BY A NATIONAL CERTIFYING BODY SUCH AS THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION (NCTRC) AS DETERMINED BY THE BOARD. 2. THE BOARD MAY, UPON NOTICE AND OPPORTUNITY FOR A HEARING, DENY AN APPLICATION FOR REINSTATEMENT OF A LICENSE OR REINSTATE THE LICENSE WITH CONDITIONS. CONDITIONS IMPOSED MAY INCLUDE A REQUIREMENT FOR CONTINUING EDUCATION, PRACTICE UNDER THE SUPERVISION OF A LICENSED THERAPEUTIC RECREATION SPECIALIST OR ANY OTHER CONDITIONS SET FORTH IN THIS ARTICLE.S. 2141 4
3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE BOARD MAY GRANT LICENSES TO APPLICANTS WHO WERE CERTIFIED BY NCTRC PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE AND WHO HOLD AN ACTIVE CTRS CREDENTIAL. S 7955. RENEWAL OF LICENSE. 1. PERSONS LICENSED AS THERAPEUTIC RECRE- ATION SPECIALISTS ARE ELIGIBLE FOR RENEWAL OF THEIR LICENSES IF SUCH PERSONS: (A) HAVE NOT VIOLATED THIS ARTICLE OR DEMONSTRATED POOR MORAL CHARAC- TER; (B) MEET CONTINUING COMPETENCY REQUIREMENTS APPROVED BY THE BOARD AND OTHER REQUIREMENTS ESTABLISHED BY THE BOARD RULES ADOPTED PURSUANT TO THIS ARTICLE; AND (C) HOLD A CURRENT CERTIFICATION BY A NATIONAL CERTIFYING BODY SUCH AS THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION AS DETER- MINED BY THE BOARD. 2. THE BOARD SHALL ACCEPT CONTINUING EDUCATION PROGRAMS THAT MEET THE RECERTIFICATION STANDARDS OF THE NATIONAL COUNCIL FOR THERAPEUTIC RECRE- ATION CERTIFICATION. S 7956. REVOCATION, SUSPENSION OR DENIAL OF LICENSURE. 1. THE BOARD MAY REQUIRE REMEDIAL EDUCATION, ISSUE A LETTER OF REPRIMAND, RESTRICT, REVOKE OR SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE OR DENY ANY APPLICATION FOR LICENSURE IF THE BOARD DETERMINES THAT THE LICENSEE OR APPLICANT HAS DONE ANY OF THE FOLLOWING: (A) ALLOWED NATIONAL CERTIFICATION TO EXPIRE; (B) GIVEN FALSE INFORMATION OR WITHHELD MATERIAL INFORMATION FROM THE BOARD IN PROCURING OR ATTEMPTING TO PROCURE A LICENSE PURSUANT TO THIS ARTICLE; (C) BEEN CONVICTED OF, OR PLEADED GUILTY OR NOLO CONTENDERE TO, ANY CRIME THAT INDICATES THAT THE PERSON IS UNFIT OR INCOMPETENT TO BE LICENSED PURSUANT TO THIS ARTICLE; (D) IS UNABLE TO PERFORM THE FUNCTIONS FOR WHICH A LICENSE HAS BEEN ISSUED DUE TO IMPAIRMENT OF MENTAL OR PHYSICAL FACULTIES; (E) ENGAGED IN CONDUCT THAT ENDANGERS THE PUBLIC HEALTH; (F) IS UNFIT OR INCOMPETENT TO BE LICENSED PURSUANT TO THIS ARTICLE BY REASON OF DELIBERATE OR NEGLIGENT ACTS OR OMISSIONS REGARDLESS OF WHETH- ER ACTIVE INJURY TO THE PATIENT OR CLIENT IS ESTABLISHED; (G) ENGAGES IN CONDUCT THAT DECEIVES, DEFRAUDS OR HARMS THE PUBLIC IN THE COURSE OF CLAIMING LICENSED STATUS OR PRACTICING THERAPEUTIC RECREATION/RECREATIONAL THERAPY; (H) WILLFULLY VIOLATED ANY PROVISION OF THIS ARTICLE, RULES, OR CODE OF ETHICS ENACTED BY THE BOARD; OR (I) AIDED, ABETTED OR ASSISTED ANY PERSON IN VIOLATING THE PROVISIONS OF THIS ARTICLE. 2. THE BOARD MAY REINSTATE A REVOKED LICENSE OR REMOVE LICENSURE RESTRICTIONS WHEN IT FINDS THAT THE REASONS FOR REVOCATION OR RESTRICTION NO LONGER EXIST AND THAT THE PERSON CAN REASONABLY BE EXPECTED TO SAFELY AND PROPERLY PRACTICE RECREATIONAL THERAPY. S 7957. RECIPROCITY. THE BOARD MAY GRANT A LICENSE TO ANY PERSON WHO, AT THE TIME OF APPLICATION, IS LICENSED AS A RECREATIONAL THERAPIST OR THERAPEUTIC RECREATION SPECIALIST BY A SIMILAR BOARD OF ANOTHER COUNTRY, STATE OR TERRITORY WHOSE LICENSING STANDARDS ARE SUBSTANTIALLY EQUIV- ALENT TO OR HIGHER THAN THOSE REQUIRED BY THIS ARTICLE. THE BOARD SHALL DETERMINE THE SUBSTANTIAL EQUIVALENCE UPON WHICH RECIPROCITY IS BASED. S 2. Subdivision a of section 17-a of chapter 676 of the laws of 2002, amending the education law and the social services law relating to licensing mental health practitioners, as amended by chapter 130 of the laws of 2010, is amended to read as follows:S. 2141 5
a. In relation to activities and services provided under article 153 of the education law, nothing in this act shall prohibit or limit such activities or services on the part of any person in the employ of a program or service operated, regulated, funded, or approved by the department of mental hygiene or the office of children and family services, or a local governmental unit as that term is defined in arti- cle 41 of the mental hygiene law or a social services district as defined in section 61 of the social services law OR A THERAPEUTIC RECRE- ATION SPECIALIST AS DEFINED IN ARTICLE 156-A OF THE EDUCATION LAW. In relation to activities and services provided under article 163 of the education law, nothing in this act shall prohibit or limit such activ- ities or services on the part of any person in the employ of a program or service operated, regulated, funded, or approved by the department of mental hygiene, the office of children and family services, the depart- ment of correctional services, the state office for the aging and the department of health or a local governmental unit as that term is defined in article 41 of the mental hygiene law or a social services district as defined in section 61 of the social services law, pursuant to authority granted by law. This section shall not authorize the use of any title authorized pursuant to article 153, 156-A or 163 of the educa- tion law by any such employed person, except as otherwise provided by such articles respectively. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided, however, that the amendments made to subdivision a of section 17-a of chapter 676 of the laws of 2002 by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided further that the education department is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement the provisions of this act on or before the effective date.