Bill Text: NY A01592 | 2017-2018 | General Assembly | Introduced
Bill Title: Defines the practice of recreation therapy and establishes procedures for licensure of recreation therapists and requirements for continuing education for recreation therapists.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A01592 Detail]
Download: New_York-2017-A01592-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1592 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. ZEBROWSKI, SKOUFIS, LUPINACCI, THIELE, SKARTADOS, ABINANTI -- Multi-Sponsored by -- M. of A. GALEF, KEARNS, LIFTON, LUPARDO, McDONALD, SIMANOWITZ, TITONE -- read once and referred to the Committee on Higher Education 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: 1 Section 1. The education law is amended by adding a new article 158 to 2 read as follows: 3 ARTICLE 158 4 RECREATION THERAPY 5 Section 8100. Introduction. 6 8101. Definitions. 7 8102. Practice of recreation therapy and use of title "recre- 8 ation therapist". 9 8103. State board for recreation therapy. 10 8104. Requirements for a professional license. 11 8105. Limited permits. 12 8106. Exempt persons. 13 8107. Special conditions. 14 8108. Mandatory continuing competency. 15 § 8100. Introduction. This article applies to the profession of recre- 16 ation therapy. The general provisions for all professions contained in 17 article one hundred thirty of this title apply to this article. 18 § 8101. Definitions. As used in this article: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04301-01-7A. 1592 2 1 1. "Practice of the profession of recreation therapy" means the 2 continual functional evaluation of the client, the planning and imple- 3 mentation of a program of recreation and/or leisure activities, the 4 development and utilization of a treatment program, and/or consultation 5 with the client, family, caregiver or organization in order to restore, 6 develop or maintain adaptive skills, and/or performance abilities 7 designed to achieve maximal physical, cognitive, social, emotional, and 8 mental functioning of the client using recreation and leisure inter- 9 ventions. It is a treatment program designed to promote health and well- 10 ness; restore, remediate and/or rehabilitate function and independence; 11 and reduce/eliminate any limitations caused by an illness or disabling 12 condition. The treatment program shall be rendered on the approval or 13 referral of a physician, nurse practitioner or other health care provid- 14 er acting within his or her scope of practice pursuant to this title. 15 Prevention, wellness, education, adaptive sports and recreation and 16 related services shall not require a referral. However, nothing 17 contained in this article shall be construed to permit any licensee 18 hereunder to practice occupational therapy, medicine or psychology, 19 including psychotherapy or to otherwise expand such licensee's scope of 20 practice beyond what is authorized by this chapter. 21 2. "Board" means the state board for recreation therapy established 22 pursuant to section eighty-one hundred three of this article. 23 § 8102. Practice of recreation therapy and use of title "recreation 24 therapist". No person shall practice or hold oneself out as being able 25 to practice recreation therapy in this state unless the person is 26 licensed, authorized or exempt under this article. Nothing in this para- 27 graph shall be construed to prohibit students enrolled in board-approved 28 schools or courses in recreation therapy from performing services that 29 are incidental to their respective courses of study or supervised work. 30 The board shall adopt rules relative to schools or courses allowing 31 students to practice under this subdivision. Only a person licensed 32 under this article shall use the title "licensed recreation therapist" 33 or "therapeutic recreation specialist". 34 § 8103. State board for recreation therapy. A state board for recre- 35 ation therapy shall be appointed by the board of regents on the recom- 36 mendation of the commissioner for the purpose of assisting the board of 37 regents and the department on matters of professional licensing and 38 professional conduct. The board shall be composed of not less than five 39 licensed recreation therapists, and one member of the public who is not 40 licensed under this title. An executive secretary to the board shall be 41 appointed by the board of regents on recommendation of the commissioner. 42 § 8104. Requirements for a professional license. To qualify for a 43 license as a recreation therapist, an applicant shall fulfill the 44 following requirements: 45 1. file an application with the department; 46 2. have satisfactorily completed an approved recreation therapy 47 curriculum in a baccalaureate, master's, or doctorate program or a post- 48 baccalaureate certificate from an institution acceptable to the depart- 49 ment; 50 3. a. have completed a field experience in recreation therapy which 51 was under the supervision of qualified supervisors and where supervision 52 and experience shall be satisfactory to the board of recreation therapy 53 and in accordance with the commissioner's regulations, or; 54 b. have a supervised recreation therapy work experience in which 55 supervision and experience shall be satisfactory to the board of recre- 56 ation therapy and in accordance with the commissioner's regulations;A. 1592 3 1 4. pass an examination satisfactory to the board of recreation therapy 2 and in accordance with the commissioner's regulations; 3 5. be at least twenty-one years of age; 4 6. be of good moral character as determined by the department; and 5 7. pay a fee of one hundred forty dollars to the department for admis- 6 sion to a department conducted examination, if applicable, and a fee of 7 seventy dollars for each re-examination, and a fee of one hundred 8 fifty-five dollars for each triennial registration period. 9 § 8105. Limited permits. The following requirements for a limited 10 permit shall apply to all professionals licensed or certified pursuant 11 to this article. 12 1. The department may issue a limited permit to an applicant who meets 13 all qualifications for licensure, except the examination and/or experi- 14 ence requirements, in accordance with regulations promulgated therefor. 15 2. Limited permits shall be for one year; such limited permits may be 16 renewed, at the discretion of the department, for one additional year. 17 3. The fee for each limited permit and for each renewal shall be 18 seventy dollars. 19 4. A limited permit holder shall practice only under supervision as 20 determined in accordance with the commissioner's regulations. 21 § 8106. Exempt persons. This article shall not be construed to affect 22 or prevent the following, provided that no title, sign, card or device 23 shall be used in such manner as to tend to convey the impression that 24 the person rendering such service is a licensed recreation therapist: 25 1. a licensed physician from practicing his or her profession as 26 defined under article one hundred thirty-one and article one hundred 27 thirty-one-B of this title; 28 2. qualified members of other licensed or legally recognized 29 professions from performing work incidental to the practice of their 30 profession, except that such persons may not hold themselves out under 31 the title recreation therapist; 32 3. a student from engaging in clinical practice as part of an approved 33 program in recreation therapy; or 34 4. an employee of a federal, state or city agency from using the title 35 or practicing as a recreation therapist insofar as such activities are 36 required by his or her salaried position and the use of such title shall 37 be limited to such employment. 38 § 8107. Special conditions. Any nonexempt person practicing a profes- 39 sion to be licensed pursuant to this article shall apply for a license 40 of said profession within one year of the effective date of the speci- 41 fied profession except: 42 1. if such person does not meet the requirements for a license estab- 43 lished within this article, such person may meet alternative criteria 44 determined by the board of recreation therapy to be the substantial 45 equivalent of such criteria; or 46 2. if such person meets the requirements for a license established 47 within this article, except for examination, and has been certified or 48 registered by a national certifying or registering body having certif- 49 ication or registration standards acceptable to the commissioner, the 50 department shall license without examination. 51 § 8108. Mandatory continuing competency. 1. a. Each licensed recre- 52 ation therapist shall register triennially with the department to prac- 53 tice in the state and must comply with the provisions of the mandatory 54 continuing competency requirements prescribed in subdivision two of this 55 section, except as provided in paragraphs b and c of this subdivision. 56 Those who do not satisfy the mandatory continuing competency require-A. 1592 4 1 ments shall not be authorized to practice until they have met such 2 requirements, and they have been issued a registration certificate, 3 except that they may practice without having met such requirements if he 4 or she is issued a conditional registration pursuant to subdivision 5 three of this section. 6 b. Recreation therapists shall be exempt from the mandatory continuing 7 competency requirement for the triennial registration period during 8 which they are first licensed. Adjustment to the mandatory continuing 9 competency requirements may be granted by the department for reasons of 10 health of the licensee where certified by an appropriate health care 11 professional, for extended active duty with the armed forces of the 12 United States, or for other good cause acceptable to the department 13 which may prevent compliance. 14 c. A licensed recreation therapist not engaged in practice, as deter- 15 mined by the department, shall be exempt from the mandatory continuing 16 competency requirement upon the filing of a statement with the depart- 17 ment declaring such status. Any licensee who returns to the practice of 18 recreation therapy during the triennial registration period shall notify 19 the department prior to reentering the profession and shall meet such 20 mandatory continuing competency requirements as shall be prescribed by 21 regulations of the commissioner. 22 2. a. During each triennial registration period an applicant for 23 registration as a recreation therapist shall complete a minimum of thir- 24 ty hours of learning activities which contribute to continuing compe- 25 tence, as specified in subdivision four of this section, provided 26 further that at least twenty hours shall be in areas of study pertinent 27 to the scope of practice of recreation therapy. With the exception of 28 continuing education hours taken during the registration period imme- 29 diately preceding the effective date of this section, continuing educa- 30 tion hours taken during one triennium may not be transferred to a subse- 31 quent triennium. 32 b. Thereafter, a licensee who has not satisfied the mandatory continu- 33 ing competency requirements shall not be issued a triennial registration 34 certificate by the department and shall not practice unless and until a 35 conditional registration certificate is issued as provided for in subdi- 36 vision three of this section. 37 3. The department, in its discretion, may issue a conditional regis- 38 tration to a licensee who fails to meet the continuing competency 39 requirements established in subdivision two of this section, but who 40 agrees to make up any deficiencies and complete any additional learning 41 activities which the department may require. The fee for such a condi- 42 tional registration shall be the same as, and in addition to, the fee 43 for the triennial registration. The duration of such conditional regis- 44 tration shall be determined by the department but shall not exceed one 45 year. Any licensee who is notified of the denial of registration for 46 failure to submit evidence, satisfactory to the department, of required 47 continuing competency learning activities and who practices without such 48 registration may be subject to disciplinary proceedings pursuant to 49 section sixty-five hundred ten of this title. 50 4. As used in subdivision two of this section, "acceptable learning 51 activities" shall mean activities which contribute to professional prac- 52 tice in recreation therapy, and which meet the standards prescribed in 53 the regulations of the commissioner. Such learning activities shall 54 include, but not be limited to, collegiate level credit and non-credit 55 courses, publications in professional journals and professional develop- 56 ment programs; such learning activities may be offered and sponsored byA. 1592 5 1 national, state and local professional associations and other organiza- 2 tions or parties acceptable to the department, and any other organized 3 educational and technical learning activities acceptable to the depart- 4 ment. The department may, in its discretion and as needed to contribute 5 to the health and welfare of the public, require the completion of 6 continuing competency learning activities in specific subjects to 7 fulfill this mandatory continuing competency requirement. Learning 8 activities must be taken from a sponsor approved by the department, 9 pursuant to the regulations of the commissioner. 10 5. Recreation therapists shall maintain adequate documentation of 11 completion of acceptable continuing competency learning activities and 12 shall provide such documentation at the request of the department. Fail- 13 ure to provide such documentation upon request of the department shall 14 be an act of misconduct subject to the disciplinary proceedings pursuant 15 to section sixty-five hundred ten of this title. 16 6. The mandatory continuing competency fee shall be forty-five dollars 17 for recreation therapists, shall be payable on or before the first day 18 of each triennial registration period, and shall be paid in addition to 19 the triennial registration fee required. 20 § 2. This act shall take effect on the one hundred twentieth day after 21 it shall have become a law.
