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February 7, 2012
Mr. President:
The Business and Labor Committee reports a favorable recommendation on S.B. 53,
RECREATIONAL THERAPY PRACTICE ACT AMENDMENTS, by Senator G. Davis, with
the following amendments:
John L. Valentine
Voting: 7-0-1
1. Page
4, Lines 110 through 112
:
110
(vii) serving as a resource to help a person find recreation opportunities that will
111
promote the person's physical, cognitive, social, behavioral, emotional,
and
}
or
spiritual health and
112
well-being; and
2. Page
6, Lines 152 through 159
:
152
(d) one member of the general public.
153
(2) The
governor shall appoint members of the
}
board
shall be
appointed and serve
in accordance with Section
154
58-1-201
.
155
[(2) The board shall consist of two master therapeutic recreational specialists, one
156
therapeutic recreational specialist, one therapeutic recreational technician, and one
member
157
appointed from the general public.]
158
(3) (a) The [board's duties, functions, and responsibilities] duties and
responsibilities of
159
the board shall [comply] be in accordance with Sections
58-1-202
[through] and
58-1-203
.
3. Page
9, Line 248 through Page 10, Line 280
:
248
249
58-40-501. Unlawful conduct.
250
"Unlawful conduct" includes:
251
(1) providing, leading, facilitating, teaching, or offering to provide or teach
recreational
252
therapy services unless licensed under this chapter or exempted from licensure under
Section
253
58-1-307
or
58-40-305
;
and
}
254
(2) using the initials MTRS, TRS, or TRT, or other abbreviation, term, title, or sign
255
relating to the practice of recreational therapy services unless licensed under this
chapter
.
}
; and
(3) employing or aiding and abetting the employment of an unqualified or
unlicensed person to:
(a) practice as a recreational therapist; or
(b) provide recreational therapy services.
256
Section 12.
Section
58-40-502
is enacted to read:
257
58-40-502. Unprofessional conduct.
258
"Unprofessional conduct" includes:
259
(1) employing or aiding and abetting the employment of an unqualified or
unlicensed
260
person to:
261
(a) practice as a recreational therapist; or
262
(b) provide recreational therapy services;
}
263
(2)
}
(1)
failing to supervise a therapeutic recreation technician, a student
intern, or a
264
temporarily licensed therapeutic recreation specialist when required to do so under this
chapter
265
or by rule;
266
(3)
}
(2)
failing to keep or maintain a recreational therapy treatment plan;
267
(4)
}
(3)
failing to safeguard a person's right to privacy as to the person's
identity, condition,
268
269
from providing recreational therapy services;
270
(5)
}
(4)
failing to report to the division the unsafe, unethical, or illegal
practice of a person
271
who is providing recreational therapy services;
272
(6)
}
(5)
making sexual advances to a patient, requesting sexual
intercourse or sexual favors
273
from a patient, or engaging in other verbal or physical conduct of a sexual nature in the
274
presence of a patient;
275
(7)
}
(6)
exploiting a patient or former patient for personal gain;
276
(8)
}
(7)
possessing or dispensing illegal or non-prescribed prescription
drugs or
277
medications;
278
(9)
}
(8)
using or being under the influence of alcohol or an illegal or
non-prescribed
279
prescription drug or medication while performing recreational therapy services; and
280
(10)
}
(9)
other actions as defined by division rule.
1. Page
1, Lines 19 through 20
:
19
. clarifies the scope of practice and other requirements of a person licensed under
the
20
act;
and
}
. extends the sunset date of the Recreational Therapy Practice Act; and
2. Page
1, Line 26
:
26
Utah Code Sections Affected:
63I-1-258, as last amended by Laws of Utah 2010, Chapter 188
3. Page
11, Line 335 through Page 12, Line 336
:
335
(d) expected outcomes related to the goals and objectives.
63I-1-258
.
Repeal dates, Title 58.
(1) Title 58, Chapter 9, Funeral Services Licensing Act, is repealed July 1, 2018.
(2) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
repealed July 1, 2016.
(3) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2015.
(4) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1,
2013.
(5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1,
2013
}
2023
.
(6) Title 58, Chapter 41, Speech-language Pathology and Audiology Licensing Act,
is repealed July 1, 2019.
(7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1,
2015.
(8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed
July 1, 2013.
(9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2014.
(10) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
(11) Section
58-13-2.5
is repealed July 1, 2013.
336
Section
15
}
16
. Repealer.
Respectfully,
Committee Chair
3 SB0053.SC1.wpd /BRH PLA/BNC 2/7/12 5:55 pm
Bill Number
*SB0053*
SB0053