S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3754

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

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  PROMOTE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00750-01-5
              

S. 3754                             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. 3754                             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. 3754                             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 section 2 of part
AA of chapter 57 of the laws of 2013, is amended to read as follows:

S. 3754                             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
RECREATION  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  corrections and community supervision, the office of temporary
and disability assistance, 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. This section shall be deemed repealed July
1, 2016.
  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 to subdivision a of section 17-a of chapter  676  of
the  laws  of  2002 made 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.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3754--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the education law, in relation to defining the  practice
  of  recreational  therapy and establishing procedures for licensure of
  recreational therapists and requirements for continuing education  for
  recreational therapists

  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 158 to
read as follows:

                               ARTICLE 158
                           RECREATION THERAPY

SECTION 8100. INTRODUCTION.
        8101. DEFINITIONS.
        8102. PRACTICE OF RECREATION THERAPY AND USE  OF  TITLE  "RECRE-
                ATION THERAPIST".
        8103. STATE BOARD FOR RECREATION THERAPY.
        8104. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
        8105. LIMITED PERMITS.
        8106. EXEMPT PERSONS.
        8107. SPECIAL CONDITIONS.
        8108. MANDATORY CONTINUING COMPETENCY.
  S 8100. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF RECRE-
ATION  THERAPY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8101. DEFINITIONS. AS USED IN THIS ARTICLE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00750-02-5

              

S. 3754--A                          2

  1. "PRACTICE OF  THE  PROFESSION  OF  RECREATION  THERAPY"  MEANS  THE
CONTINUAL  FUNCTIONAL  EVALUATION OF THE CLIENT, THE PLANNING AND IMPLE-
MENTATION OF A PROGRAM OF  RECREATION  AND/OR  LEISURE  ACTIVITIES,  THE
DEVELOPMENT  AND UTILIZATION OF A TREATMENT PROGRAM, AND/OR CONSULTATION
WITH  THE CLIENT, FAMILY, CAREGIVER OR ORGANIZATION IN ORDER TO RESTORE,
DEVELOP  OR  MAINTAIN  ADAPTIVE  SKILLS,  AND/OR  PERFORMANCE  ABILITIES
DESIGNED  TO ACHIEVE MAXIMAL PHYSICAL, COGNITIVE, SOCIAL, EMOTIONAL, AND
MENTAL FUNCTIONING OF THE CLIENT USING  RECREATION  AND  LEISURE  INTER-
VENTIONS. IT IS A TREATMENT PROGRAM DESIGNED TO PROMOTE HEALTH AND WELL-
NESS;  RESTORE, REMEDIATE AND/OR REHABILITATE FUNCTION AND INDEPENDENCE;
AND REDUCE/ELIMINATE ANY LIMITATIONS CAUSED BY AN ILLNESS  OR  DISABLING
CONDITION.  THE  TREATMENT  PROGRAM SHALL BE RENDERED ON THE APPROVAL OR
REFERRAL OF A PHYSICIAN, NURSE PRACTITIONER OR OTHER HEALTH CARE PROVID-
ER ACTING WITHIN HIS OR HER SCOPE OF PRACTICE PURSUANT  TO  THIS  TITLE.
PREVENTION,  WELLNESS,  EDUCATION,  ADAPTIVE  SPORTS  AND RECREATION AND
RELATED  SERVICES  SHALL  NOT  REQUIRE  A  REFERRAL.  HOWEVER,   NOTHING
CONTAINED  IN  THIS  ARTICLE  SHALL  BE CONSTRUED TO PERMIT ANY LICENSEE
HEREUNDER TO PRACTICE  OCCUPATIONAL  THERAPY,  MEDICINE  OR  PSYCHOLOGY,
INCLUDING  PSYCHOTHERAPY OR TO OTHERWISE EXPAND SUCH LICENSEE'S SCOPE OF
PRACTICE BEYOND WHAT IS AUTHORIZED BY THIS CHAPTER.
  2. "BOARD" MEANS THE STATE BOARD FOR  RECREATION  THERAPY  ESTABLISHED
PURSUANT TO SECTION EIGHTY-ONE HUNDRED THREE OF THIS ARTICLE.
  S  8102.  PRACTICE  OF RECREATION THERAPY AND USE OF TITLE "RECREATION
THERAPIST". NO PERSON SHALL PRACTICE OR HOLD ONESELF OUT AS  BEING  ABLE
TO  PRACTICE  RECREATION  THERAPY  IN  THIS  STATE  UNLESS THE PERSON IS
LICENSED, AUTHORIZED OR EXEMPT UNDER THIS ARTICLE. NOTHING IN THIS PARA-
GRAPH SHALL BE CONSTRUED TO PROHIBIT STUDENTS ENROLLED IN BOARD-APPROVED
SCHOOLS OR COURSES IN RECREATION THERAPY FROM PERFORMING  SERVICES  THAT
ARE  INCIDENTAL TO THEIR RESPECTIVE COURSES OF STUDY OR SUPERVISED WORK.
THE BOARD SHALL ADOPT RULES RELATIVE  TO  SCHOOLS  OR  COURSES  ALLOWING
STUDENTS  TO  PRACTICE  UNDER  THIS  SUBDIVISION. ONLY A PERSON LICENSED
UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED  RECREATION  THERAPIST"
OR "THERAPEUTIC RECREATION SPECIALIST".
  S  8103.  STATE BOARD FOR RECREATION THERAPY. A STATE BOARD FOR RECRE-
ATION THERAPY SHALL BE APPOINTED BY THE BOARD OF REGENTS ON  THE  RECOM-
MENDATION  OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF
REGENTS AND THE DEPARTMENT ON  MATTERS  OF  PROFESSIONAL  LICENSING  AND
PROFESSIONAL  CONDUCT. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN FIVE
LICENSED RECREATION THERAPISTS, AND ONE MEMBER OF THE PUBLIC WHO IS  NOT
LICENSED  UNDER THIS TITLE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE
APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
  S 8104. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
LICENSE  AS  A  RECREATION  THERAPIST,  AN  APPLICANT  SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
  1. FILE AN APPLICATION WITH THE DEPARTMENT;
  2.  HAVE  SATISFACTORILY  COMPLETED  AN  APPROVED  RECREATION  THERAPY
CURRICULUM  IN  A  BACCALAUREATE,  MASTER'S,  OR  DOCTORATE PROGRAM OR A
POST-BACCALAUREATE CERTIFICATE FROM AN  INSTITUTION  ACCEPTABLE  TO  THE
DEPARTMENT;
  3.  A.  HAVE  COMPLETED A FIELD EXPERIENCE IN RECREATION THERAPY WHICH
WAS UNDER THE SUPERVISION OF QUALIFIED SUPERVISORS AND WHERE SUPERVISION
AND EXPERIENCE SHALL BE SATISFACTORY TO THE BOARD OF RECREATION  THERAPY
AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR;
  B.  HAVE  A  SUPERVISED  RECREATION  THERAPY  WORK EXPERIENCE IN WHICH
SUPERVISION AND EXPERIENCE SHALL BE SATISFACTORY TO THE BOARD OF  RECRE-
ATION THERAPY AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;

S. 3754--A                          3

  4. PASS AN EXAMINATION SATISFACTORY TO THE BOARD OF RECREATION THERAPY
AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  5. BE AT LEAST TWENTY-ONE YEARS OF AGE;
  6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
  7. PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMIS-
SION  TO A DEPARTMENT CONDUCTED EXAMINATION, IF APPLICABLE, AND A FEE OF
SEVENTY DOLLARS FOR EACH  RE-EXAMINATION,  AND  A  FEE  OF  ONE  HUNDRED
FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S  8105.  LIMITED  PERMITS.  THE  FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONALS LICENSED OR  CERTIFIED  PURSUANT
TO THIS ARTICLE.
  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY  BE
RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
  4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY  UNDER  SUPERVISION  AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  S  8106. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD  OR  DEVICE
SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED RECREATION THERAPIST:
  1. A LICENSED PHYSICIAN FROM  PRACTICING  HIS  OR  HER  PROFESSION  AS
DEFINED  UNDER  ARTICLE  ONE  HUNDRED THIRTY-ONE AND ARTICLE ONE HUNDRED
THIRTY-ONE-B OF THIS TITLE;
  2.  QUALIFIED  MEMBERS  OF  OTHER  LICENSED  OR   LEGALLY   RECOGNIZED
PROFESSIONS  FROM  PERFORMING  WORK  INCIDENTAL TO THE PRACTICE OF THEIR
PROFESSION, EXCEPT THAT SUCH PERSONS MAY NOT HOLD THEMSELVES  OUT  UNDER
THE TITLE RECREATION THERAPIST;
  3. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF AN APPROVED
PROGRAM IN RECREATION THERAPY; OR
  4. AN EMPLOYEE OF A FEDERAL, STATE OR CITY AGENCY FROM USING THE TITLE
OR  PRACTICING  AS A RECREATION THERAPIST INSOFAR AS SUCH ACTIVITIES ARE
REQUIRED BY HIS OR HER SALARIED POSITION AND THE USE OF SUCH TITLE SHALL
BE LIMITED TO SUCH EMPLOYMENT.
  S 8107. SPECIAL CONDITIONS.  1.  ANY  NONEXEMPT  PERSON  PRACTICING  A
PROFESSION  TO  BE  LICENSED  PURSUANT TO THIS ARTICLE SHALL APPLY FOR A
LICENSE OF SAID PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THE
SPECIFIED PROFESSION EXCEPT:
  1.  IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
DETERMINED  BY  THE  BOARD  OF  RECREATION THERAPY TO BE THE SUBSTANTIAL
EQUIVALENT OF SUCH CRITERIA; OR
  2. IF SUCH PERSON MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTABLISHED
WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
ICATION  OR  REGISTRATION  STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
  S 8108. MANDATORY CONTINUING COMPETENCY. 1. A.  EACH  LICENSED  RECRE-
ATION  THERAPIST SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRAC-
TICE IN THE STATE AND MUST COMPLY WITH THE PROVISIONS OF  THE  MANDATORY
CONTINUING COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS
SECTION,  EXCEPT  AS PROVIDED IN PARAGRAPHS B AND C OF THIS SUBDIVISION.
THOSE WHO DO NOT SATISFY THE MANDATORY  CONTINUING  COMPETENCY  REQUIRE-

S. 3754--A                          4

MENTS  SHALL  NOT  BE  AUTHORIZED  TO  PRACTICE UNTIL THEY HAVE MET SUCH
REQUIREMENTS, AND THEY HAVE  BEEN  ISSUED  A  REGISTRATION  CERTIFICATE,
EXCEPT THAT THEY MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE
OR  SHE  IS  ISSUED  A  CONDITIONAL REGISTRATION PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
  B. RECREATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
COMPETENCY REQUIREMENT FOR  THE  TRIENNIAL  REGISTRATION  PERIOD  DURING
WHICH  THEY  ARE  FIRST LICENSED. ADJUSTMENT TO THE MANDATORY CONTINUING
COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT FOR REASONS  OF
HEALTH  OF  THE  LICENSEE  WHERE CERTIFIED BY AN APPROPRIATE HEALTH CARE
PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE  ARMED  FORCES  OF  THE
UNITED  STATES,  OR  FOR  OTHER  GOOD CAUSE ACCEPTABLE TO THE DEPARTMENT
WHICH MAY PREVENT COMPLIANCE.
  C. A LICENSED RECREATION THERAPIST NOT ENGAGED IN PRACTICE, AS  DETER-
MINED  BY  THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH  THE  DEPART-
MENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE OF
RECREATION THERAPY DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION AND  SHALL  MEET  SUCH
MANDATORY  CONTINUING  COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED BY
REGULATIONS OF THE COMMISSIONER.
  2. A. DURING EACH  TRIENNIAL  REGISTRATION  PERIOD  AN  APPLICANT  FOR
REGISTRATION AS A RECREATION THERAPIST SHALL COMPLETE A MINIMUM OF THIR-
TY  HOURS  OF  LEARNING ACTIVITIES WHICH CONTRIBUTE TO CONTINUING COMPE-
TENCE, AS SPECIFIED  IN  SUBDIVISION  FOUR  OF  THIS  SECTION,  PROVIDED
FURTHER  THAT AT LEAST TWENTY HOURS SHALL BE IN AREAS OF STUDY PERTINENT
TO THE SCOPE OF PRACTICE OF RECREATION THERAPY. WITH  THE  EXCEPTION  OF
CONTINUING  EDUCATION  HOURS  TAKEN DURING THE REGISTRATION PERIOD IMME-
DIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTINUING  EDUCA-
TION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSE-
QUENT TRIENNIUM.
  B. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO OF  THIS  SECTION,  BUT  WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  4. AS USED IN SUBDIVISION TWO OF THIS  SECTION,  "ACCEPTABLE  LEARNING
ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
TICE  IN  RECREATION THERAPY, AND WHICH MEET THE STANDARDS PRESCRIBED IN
THE REGULATIONS OF THE COMMISSIONER.   SUCH  LEARNING  ACTIVITIES  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES, PUBLICATIONS IN PROFESSIONAL JOURNALS AND PROFESSIONAL DEVELOP-
MENT PROGRAMS; SUCH LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED  BY

S. 3754--A                          5

NATIONAL,  STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZA-
TIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY  OTHER  ORGANIZED
EDUCATIONAL  AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPART-
MENT.  THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE
TO THE HEALTH AND WELFARE OF  THE  PUBLIC,  REQUIRE  THE  COMPLETION  OF
CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO
FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.    LEARNING
ACTIVITIES  MUST  BE  TAKEN  FROM  A SPONSOR APPROVED BY THE DEPARTMENT,
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  5. RECREATION THERAPISTS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION  OF
COMPLETION  OF  ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIVITIES AND
SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAIL-
URE TO PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE  DEPARTMENT  SHALL
BE AN ACT OF MISCONDUCT SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT
TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FORTY-FIVE DOLLARS
FOR  RECREATION  THERAPISTS, SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY
OF EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION  TO
THE TRIENNIAL REGISTRATION FEE REQUIRED.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.