S.B.
53
RECREATIONAL THERAPY PRACTICE ACT AMENDMENTS
Senate Committee
Amendments
Amendment 1 February 6, 2012 7:51 AM
Senator Gene Davis proposes the following amendments:
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 [
156
157
158 (3) (a) The [
159 the board shall [
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:260
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 diagnosis, personal effects, or other matters about which the licensee is privileged to know
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.
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