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S.B. 43
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RECREATIONAL THERAPY PRACTICE
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AMENDMENTS
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2004 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gene Davis
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LONG TITLE
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General Description:
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This bill modifies provisions of the Recreational Therapy Practice Act.
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Highlighted Provisions:
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This bill:
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. provides a definition for assessment and modifies the definitions of practice
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recreational therapy, treatment plan, and unprofessional conduct;
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. modifies licensing requirements for master therapeutic recreational specialists,
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therapeutic recreational specialists, and therapeutic recreational technicians;
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. modifies the scope of practice of master therapeutic specialists and therapeutic
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recreational technicians;
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. modifies the content of a recreational therapy treatment or intervention plan; and
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. repeals exemptions from licensure to engage in the practice of recreational therapy.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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58-40-2, as last amended by Chapter 297, Laws of Utah 1993
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58-40-5, as last amended by Chapter 5, Laws of Utah 1992, Third Special Session
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58-40-6, as repealed and reenacted by Chapter 108, Laws of Utah 1992
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58-40-7, as repealed and reenacted by Chapter 108, Laws of Utah 1992
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REPEALS:
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58-40-12, as repealed and reenacted by Chapter 297, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
58-40-2
is amended to read:
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58-40-2. Definitions.
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In addition to the definitions in Section
58-1-102
, as used in this chapter:
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(1) "Approved," when used to refer to a course of education, training, experience,
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examination, or other licensing requirement, means with approval by the division in
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collaboration with the board.
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(2) "Assessment" means the use of skilled observation or evaluation by administering
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and interpreting standardized or nonstandardized tests and measurements to identify areas for
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recreational therapy services.
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[(2)] (3) "Board" means the Board of Recreational Therapy.
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[(3)] (4) (a) "Practice recreational therapy" means to engage in the paid performance of
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providing therapeutic recreation services [directing, initiating, or prescribing procedures and
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activities according to a treatment plan to improve, maintain, prevent, or retard the
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development of] according to the therapeutic recreational process to individuals with an
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emotional, social, intellectual, or physical pathology [in others by utilizing sports, games, or
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other recreational or leisure activities].
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(b) A therapeutic recreational process involves minimum skills for competent practice
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and includes necessary knowledge to provide the following patient services:
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(i) assessment of individual needs for therapeutic recreational intervention;
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(ii) development of an individualized treatment or intervention plan based on assessed
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need;
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(iii) appropriate implementation of therapeutic intervention services;
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(iv) evaluation and documentation of patient outcomes; and
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(v) the organization and management of therapeutic recreational services.
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[(4)] (5) "Treatment or intervention plan" means a written record containing the
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information required by Section
58-40-7
, which is composed for each patient by a person
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licensed as a master therapeutic recreational specialist or therapeutic recreational specialist
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under this chapter.
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[(5)] (6) "Unlawful conduct" as defined in Section
58-1-501
includes the following
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conduct by any individual who is not licensed under this chapter:
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(a) advertising or representing himself as being able to teach or conduct a recreational
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therapy program; or
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(b) using in connection with his name the initials MTRS, TRS, or TRT, or any term,
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title, abbreviation, sign, or device relating to the practice of recreational therapy or the licenses
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under this chapter.
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[(6)] (7) "Unprofessional conduct" as defined in Section
58-1-501
and as may be
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further defined by rule includes:
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(a) failing to supervise a therapeutic recreational technician, a student intern, or
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temporarily licensed therapeutic recreational specialist when required to do so;
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(b) failing to keep or maintain a recreational therapy treatment plan;
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(c) making sexual advances to a patient or requesting of a patient sexual favors, sexual
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intercourse, or other verbal or physical conduct of a sexual nature;
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(d) possessing or using illegal or unprescribed prescription drugs or medications;
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(e) using or being under the influence of intoxicating beverages while performing
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recreational therapy; or
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(f) violating Sections
58-40-6
through
58-40-7
.
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Section 2.
Section
58-40-5
is amended to read:
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58-40-5. License requirements.
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(1) The division shall issue a license to practice as a master therapeutic recreational
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specialist to any applicant who:
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(a) (i) has completed an approved [master's] graduate degree in [recreational therapy]
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therapeutic recreation or a [master's] graduate degree with an approved emphasis in
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[recreational therapy] therapeutic recreation; and
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(ii) has completed [two years of full-time] 4,000 hours of paid experience, as defined
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by division rule made in accordance with Title 63, Chapter 46a, Utah Administrative
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Rulemaking Act, as a licensed therapeutic recreational specialist or [approved equivalent
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experience] as a certified therapeutic recreational specialist certified by the National Council
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for Therapeutic Recreation Certification;
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(b) is of good moral character;
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(c) submits an application;
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(d) pays the required fee; and
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(e) passes an approved examination.
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(2) The division shall issue a license to practice as a therapeutic recreational specialist
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to any applicant who:
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(a) has completed an approved bachelor's or graduate degree in [recreational therapy]
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therapeutic recreation, a bachelor's or graduate degree with an approved emphasis in
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[recreational therapy] therapeutic recreation, or a bachelor's or graduate degree with approved
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additional course work in [recreational therapy] therapeutic recreation after graduation;
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(b) has completed an approved practicum;
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(c) is of good moral character;
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(d) submits an application;
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(e) pays the required fee; and
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(f) passes an approved examination.
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(3) The division shall issue a license to practice as a therapeutic recreational technician
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to any applicant who:
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[(a) has completed an approved training program supervised by a licensed master
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therapeutic recreational specialist;]
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(a) has received a high school diploma or GED equivalent;
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(b) has completed:
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(i) an approved educational course in therapeutic recreation taught by a licensed master
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therapeutic recreational specialist; or
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(ii) six semester hours or nine quarter hours in therapeutic recreation from an
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accredited college or university;
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(c) has completed an approved practicum under the supervision of a licensed master
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therapeutic recreational specialist or an on-site, full-time employed therapeutic recreational
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specialist;
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[(b)] (d) is of good moral character;
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[(c)] (e) submits an application;
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[(d)] (f) pays the required fee; and
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[(e)] (g) passes an approved examination.
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Section 3.
Section
58-40-6
is amended to read:
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58-40-6. Scope of practice.
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(1) A master therapeutic recreational specialist may:
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(a) practice recreational therapy as [an unsupervised, independent, or private practice
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consultant able to contract with or be employed by others] an employee of a hospital, clinic,
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agency, or other facility, in private practice, or as a consultant; and
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(b) supervise and train other licensees under this chapter.
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(2) A therapeutic recreational specialist may:
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(a) practice recreational therapy as the employee of a hospital, clinic, agency, or other
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facility; and
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(b) supervise [therapeutic recreational technicians] other licensees under this chapter.
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(3) [(a)] A therapeutic recreational technician may [practice]:
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(a) perform recreational therapy services only:
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(i) under the supervision of a master therapeutic recreational specialist or a therapeutic
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recreational specialist employed full-time, on-site in the same hospital, clinic, [agency,] or
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[other] facility[. (b) A therapeutic recreational technician may prescribe or modify]; or
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(ii) in consultation with a master therapeutic recreational specialist;
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(b) maintain the ongoing documentation of services provided in accordance with a
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treatment or intervention plan only:
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(i) under the supervision of either a master therapeutic recreational specialist or a
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therapeutic recreational specialist employed full-time, on-site; or [under]
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(ii) in consultation [of] with a master therapeutic recreational specialist[.]; and
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(c) not perform assessments or prescribe or modify a treatment or intervention plan or
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approve or cosign modifications to a treatment or intervention plan.
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Section 4.
Section
58-40-7
is amended to read:
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58-40-7. Recreational therapy treatment or intervention plans.
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[Each licensee under]
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(1) Under this chapter [shall keep], a recreational therapy treatment or intervention
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plan shall be maintained for each patient.
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(2) The plan shall include:
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[(1)] (a) an assessment based on the strengths, limitations, and needs of the patient;
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[(2)] (b) prescribed [procedures,] intervention strategies and approaches[, and
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recommended activities];
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[(3)] (c) patient goals and measurable treatment or intervention objectives and
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outcomes; and
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[(4)] (d) evaluations of progress and treatment.
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Section 5. Repealer.
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This bill repeals:
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Section 58-40-12, Exemptions.
Legislative Review Note
as of 1-2-04 1:22 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.