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S.B. 43
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7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Recreational Therapy Practice Act.
10 Highlighted Provisions:
11 This bill:
12 . provides a definition for assessment and modifies the definitions of practice
13 recreational therapy, treatment plan, and unprofessional conduct;
14 . modifies licensing requirements for master therapeutic recreational specialists,
15 therapeutic recreational specialists, and therapeutic recreational technicians;
16 . modifies the scope of practice of master therapeutic specialists and therapeutic
17 recreational technicians;
18 . modifies the content of a recreational therapy treatment or intervention plan; and
19 . repeals exemptions from licensure to engage in the practice of recreational therapy.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-40-2, as last amended by Chapter 297, Laws of Utah 1993
27 58-40-5, as last amended by Chapter 5, Laws of Utah 1992, Third Special Session
28 58-40-6, as repealed and reenacted by Chapter 108, Laws of Utah 1992
29 58-40-7, as repealed and reenacted by Chapter 108, Laws of Utah 1992
30 REPEALS:
31 58-40-12, as repealed and reenacted by Chapter 297, Laws of Utah 1993
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 58-40-2 is amended to read:
35 58-40-2. Definitions.
36 In addition to the definitions in Section 58-1-102 , as used in this chapter:
37 (1) "Approved," when used to refer to a course of education, training, experience,
38 examination, or other licensing requirement, means with approval by the division in
39 collaboration with the board.
40 (2) "Assessment" means the use of skilled observation or evaluation by administering
41 and interpreting standardized or nonstandardized tests and measurements to identify areas for
42 recreational therapy services.
43 [
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45 providing therapeutic recreation services [
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48 emotional, social, intellectual, or physical pathology [
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50 (b) A therapeutic recreational process involves minimum skills for competent practice
51 and includes necessary knowledge to provide the following patient services:
52 (i) assessment of individual needs for therapeutic recreational intervention;
53 (ii) development of an individualized treatment or intervention plan based on assessed
54 need;
55 (iii) appropriate implementation of therapeutic intervention services;
56 (iv) evaluation and documentation of patient outcomes; and
57 (v) the organization and management of therapeutic recreational services.
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59 information required by Section 58-40-7 , which is composed for each patient by a person
60 licensed as a master therapeutic recreational specialist or therapeutic recreational specialist
61 under this chapter.
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63 conduct by any individual who is not licensed under this chapter:
64 (a) advertising or representing himself as being able to teach or conduct a recreational
65 therapy program; or
66 (b) using in connection with his name the initials MTRS, TRS, or TRT, or any term,
67 title, abbreviation, sign, or device relating to the practice of recreational therapy or the licenses
68 under this chapter.
69 [
70 further defined by rule includes:
71 (a) failing to supervise a therapeutic recreational technician, a student intern, or
72 temporarily licensed therapeutic recreational specialist when required to do so;
73 (b) failing to keep or maintain a recreational therapy treatment plan;
74 (c) making sexual advances to a patient or requesting of a patient sexual favors, sexual
75 intercourse, or other verbal or physical conduct of a sexual nature;
76 (d) possessing or using illegal or unprescribed prescription drugs or medications;
77 (e) using or being under the influence of intoxicating beverages while performing
78 recreational therapy; or
79 (f) violating Sections 58-40-6 through 58-40-7 .
80 Section 2. Section 58-40-5 is amended to read:
81 58-40-5. License requirements.
82 (1) The division shall issue a license to practice as a master therapeutic recreational
83 specialist to any applicant who:
84 (a) (i) has completed an approved [
85 therapeutic recreation or a [
86 [
87 (ii) has completed [
88 by division rule made in accordance with Title 63, Chapter 46a, Utah Administrative
89 Rulemaking Act, as a licensed therapeutic recreational specialist or [
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91 for Therapeutic Recreation Certification;
92 (b) is of good moral character;
93 (c) submits an application;
94 (d) pays the required fee; and
95 (e) passes an approved examination.
96 (2) The division shall issue a license to practice as a therapeutic recreational specialist
97 to any applicant who:
98 (a) has completed an approved bachelor's or graduate degree in [
99 therapeutic recreation, a bachelor's or graduate degree with an approved emphasis in
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101 additional course work in [
102 (b) has completed an approved practicum;
103 (c) is of good moral character;
104 (d) submits an application;
105 (e) pays the required fee; and
106 (f) passes an approved examination.
107 (3) The division shall issue a license to practice as a therapeutic recreational technician
108 to any applicant who:
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111 (a) has received a high school diploma or GED equivalent;
112 (b) has completed:
113 (i) an approved educational course in therapeutic recreation taught by a licensed master
114 therapeutic recreational specialist; or
115 (ii) six semester hours or nine quarter hours in therapeutic recreation from an
116 accredited college or university;
117 (c) has completed an approved practicum under the supervision of a licensed master
118 therapeutic recreational specialist or an on-site, full-time employed therapeutic recreational
119 specialist;
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124 Section 3. Section 58-40-6 is amended to read:
125 58-40-6. Scope of practice.
126 (1) A master therapeutic recreational specialist may:
127 (a) practice recreational therapy as [
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129 agency, or other facility, in private practice, or as a consultant; and
130 (b) supervise and train other licensees under this chapter.
131 (2) A therapeutic recreational specialist may:
132 (a) practice recreational therapy as the employee of a hospital, clinic, agency, or other
133 facility; and
134 (b) supervise [
135 (3) [
136 (a) perform recreational therapy services only:
137 (i) under the supervision of a master therapeutic recreational specialist or a therapeutic
138 recreational specialist employed full-time, on-site in the same hospital, clinic, [
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140 (ii) in consultation with a master therapeutic recreational specialist;
141 (b) maintain the ongoing documentation of services provided in accordance with a
142 treatment or intervention plan only:
143 (i) under the supervision of either a master therapeutic recreational specialist or a
144 therapeutic recreational specialist employed full-time, on-site; or [
145 (ii) in consultation [
146 (c) not perform assessments or prescribe or modify a treatment or intervention plan or
147 approve or cosign modifications to a treatment or intervention plan.
148 Section 4. Section 58-40-7 is amended to read:
149 58-40-7. Recreational therapy treatment or intervention plans.
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151 (1) Under this chapter [
152 plan shall be maintained for each patient.
153 (2) The plan shall include:
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158 outcomes; and
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160 Section 5. Repealer.
161 This bill repeals:
162 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.