Add Art 156-A SS7950 - 7957, Ed L; amd S17-a, Chap 676 of 2002
Relates to the licensure of therapeutic recreation specialists; defines terms; provides that "therapeutic therapy" or "therapeutic recreation" means a treatment service designed to restore, remediate, and rehabilitate a person's level of functioning and independence in life activities, to promote health and wellness as well as reduce or eliminate the activity limitations and restrictions to participate in life situations caused by an illness or disabling condition; outlines methods for revocation of license; authorizes reciprocity with other states.
STATE OF NEW YORK
________________________________________________________________________
4561
2011-2012 Regular Sessions
IN SENATE
April 12, 2011
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to the licensure of ther-
apeutic recreation specialists; and to amend chapter 676 of the laws
of 2002, amending the education law and the social services law relat-
ing to licensing mental health practitioners, in relation to prevent-
ing prohibitions or limitations on the activities or services of
certain persons
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 156-A
2 to read as follows:
3 ARTICLE 156-A
4 THERAPEUTIC RECREATION SPECIALISTS
5 Section 7950. Definitions.
6 7951. Evaluation and treatment authorization.
7 7952. Prohibition on unauthorized practice; professional iden-
8 tification.
9 7953. Coercion prohibited.
10 7954. Eligibility for licensure.
11 7955. Renewal of license.
12 7956. Revocation, suspension, or denial of licensure.
13 7957. Reciprocity.
14 § 7950. Definitions. For the purposes of this article, the following
15 terms shall have the following meanings:
16 1. "Board" means New York state Therapeutic Recreation Licensure
17 Board.
18 2. "Therapeutic recreation specialist" means a person currently
19 licensed to practice recreational therapy in the state of New York.
20 3. "Recreational therapy" or "therapeutic recreation" means a treat-
21 ment service designed to restore, remediate, and rehabilitate a person's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03917-02-1
S. 4561 2
1 level of functioning and independence in life activities, to promote
2 health and wellness as well as reduce or eliminate the activity limita-
3 tions and restrictions to participate in life situations caused by an
4 illness or disabling condition.
5 (a) For purposes of accomplishing therapeutic recreation goals, recre-
6 ational therapy may include, but not be limited to:
7 (i) Remediation or restoration of an individual's participation levels
8 that are limited due to impairment in physical, cognitive, social, or
9 emotional abilities;
10 (ii) Analyzing and evaluating recreational and psychosocial activities
11 to determine the physical, social, emotional and cognitive and program-
12 matic elements necessary for involvement and modifying those elements to
13 promote full participation and maximization of functional independence;
14 (iii) Using recreational modalities in designed intervention strate-
15 gies to maximize physical, cognitive, social, or emotional abilities;
16 (iv) Incorporating the individual's interests and the individual's
17 family and community to maximize relevance to the individual's goals;
18 (v) Promoting the concept of healthy living into treatment strategies
19 to decrease the potential for secondary conditions;
20 (vi) Developing community support and encouraging attitudinal changes
21 to reflect dignity, self respect, and involvement within one's communi-
22 ty; and
23 (vii) Fostering peer and intergenerational relationships.
24 (b) Therapeutic recreation services include, but are not limited to:
25 (i) Conducting an individualized assessment for the purpose of
26 collecting systematic, comprehensive, and accurate data necessary to
27 determine the course of action and subsequent individualized treatment
28 plan;
29 (ii) Planning and developing the individualized plan that identifies
30 an individual's goals, objectives, and treatment intervention strate-
31 gies;
32 (iii) Implementing the individualized plan that is consistent with the
33 overall treatment program;
34 (iv) Systematically evaluating and comparing the individual's response
35 to the individualized plan and suggesting modifications as appropriate;
36 (v) Developing a discharge plan in collaboration with the individual,
37 the individual's family, and other treatment team members;
38 (vi) Identifying, designing, fabricating, applying, or training in the
39 use of adaptive recreational equipment;
40 (vii) Identifying, applying, and evaluating the use of non-invasive
41 and non-pharmacological approaches to reduce or alleviate pain or manage
42 pain to minimize its impact upon participation;
43 (viii) Identifying, providing, and educating individuals to use
44 resources that support a healthy, active and engaged life;
45 (ix) Minimize the impact of environmental constraints as a barrier to
46 participation;
47 (x) Collaborating with and educating the individual, family, caregiv-
48 er, and others to foster an environment that is responsive to the needs
49 of the individual; and
50 (xi) Consulting with groups, programs, organizations, or communities
51 to improve physical, social, and programmatic accessibility.
52 § 7951. Evaluation and treatment authorization. 1. Consultation and
53 evaluation by a therapeutic recreation specialist may be performed with-
54 out referral. Initiation of therapeutic recreation services to individ-
55 uals with medically-related conditions shall be based on a referral from
56 any qualified health care professional that, within the scope of the
S. 4561 3
1 professional's licensure, is authorized to refer for health care
2 services.
3 2. Prevention, wellness, education, adaptive sports and recreation,
4 and related services shall not require a referral.
5 § 7952. Prohibition on unauthorized practice; professional identifica-
6 tion. 1. No person shall practice or hold oneself out as being able to
7 practice therapeutic recreation or provide recreational therapy services
8 in this state unless the person is licensed under this article. Nothing
9 in this paragraph shall be construed to prohibit students enrolled in
10 board-approved schools or courses in therapeutic recreation from
11 performing therapeutic recreation that is incidental to their respective
12 courses of study or supervised work. The board shall adopt rules rela-
13 tive to schools or courses allowing students to practice under this
14 subdivision.
15 2. Licensed therapeutic recreation specialists may use the letters
16 TRS/L and "CTRS/L" in connection with their name or place of business.
17 3. A person or business entity, its employees, agents, or represen-
18 tatives shall not use in conjunction with that person's name or the
19 activity of the business the words therapeutic recreation specialist,
20 therapeutic recreation, recreational therapy, recreational therapist,
21 recreation therapy, recreation therapist, certified therapeutic recre-
22 ation specialist, the letters "TR", "RT", "TRS","CTRS", "CTRS/L" or any
23 other words, abbreviations, or insignia indicating or implying directly
24 or indirectly that therapeutic recreation is provided or supplied,
25 including the billing of services labeled as therapeutic recreation or
26 recreational therapy, unless such services are provided under the direc-
27 tion of a therapeutic recreation specialist/recreational therapist
28 licensed pursuant to this article. A person or entity that violates this
29 subdivision is guilty of a violation for the first offense and guilty of
30 a misdemeanor for any subsequent offense.
31 § 7953. Coercion prohibited. No person shall coerce a licensed thera-
32 peutic recreation specialist into compromising client safety by requir-
33 ing the licensed therapeutic recreation specialist to delegate activ-
34 ities or tasks if the licensed therapeutic recreation specialist
35 determines that it is inappropriate to do so. Licensed therapeutic
36 recreation specialists shall not be subject to disciplinary action by
37 the board for refusing to delegate activities or tasks or refusing to
38 provide the required training for delegation if the licensed therapeutic
39 recreation specialist determines that the delegation may compromise
40 client safety.
41 § 7954. Eligibility for licensure. 1. An applicant shall possess the
42 following qualifications to be licensed:
43 (a) Be at least eighteen years of age;
44 (b) Be of good moral character;
45 (c) Successfully complete a degree from an accredited college or
46 university in accordance with the requirements of a national certifying
47 body such as the National Council for Therapeutic Recreation Certif-
48 ication (NCTRC) as determined by the NYS-TR Licensure Board.
49 (d) Hold a current certification by a national certifying body such as
50 The National Council for Therapeutic Recreation Certification (NCTRC) as
51 determined by the NYS-TR Licensure Board.
52 2. The board may, upon notice and opportunity for a hearing, deny an
53 application for reinstatement of a license or reinstate the license with
54 conditions. Conditions imposed may include a requirement for continuing
55 education, practice under the supervision of a licensed therapeutic
S. 4561 4
1 recreation specialist, or any other conditions set forth in this arti-
2 cle.
3 3. Notwithstanding subdivision one of this section, the board may
4 grant licenses to applicants who were certified by NCTRC prior to the
5 effective date of this article and who hold an active CTRS credential.
6 § 7955. Renewal of license. 1. Persons licensed as therapeutic recre-
7 ation specialists are eligible for renewal of their licenses if such
8 persons:
9 (a) Have not violated this article or demonstrated poor moral charac-
10 ter;
11 (b) Meet continuing competency requirements approved by the board and
12 other requirements established by the board rules adopted pursuant to
13 this article; and
14 (c) Hold a current certification by a national certifying body such as
15 the National Council for Therapeutic Recreation Certification as deter-
16 mined by the NYS-TR Licensure Board.
17 2. The board shall accept continuing education programs that meet the
18 recertification standards of the National Council for Therapeutic Recre-
19 ation Certification.
20 § 7956. Revocation, suspension, or denial of licensure. 1. The board
21 may require remedial education, issue a letter of reprimand, restrict,
22 revoke, or suspend any license issued pursuant to this article or deny
23 any application for licensure if the board determines that the licensee
24 or applicant has done any of the following:
25 (a) Allowed national certification to expire;
26 (b) Given false information or withheld material information from the
27 board in procuring or attempting to procure a license pursuant to this
28 article;
29 (c) Been convicted of, or pleaded guilty or nolo contendere to, any
30 crime that indicates that the person is unfit or incompetent to be
31 licensed pursuant to this article;
32 (d) Is unable to perform the functions for which a license has been
33 issued due to impairment of mental or physical faculties;
34 (e) Engaged in conduct that endangers the public health;
35 (f) Is unfit or incompetent to be licensed pursuant to this article by
36 reason of deliberate or negligent acts or omissions regardless of wheth-
37 er active injury to the patient or client is established;
38 (g) Engages in conduct that deceives, defrauds, or harms the public in
39 the course of claiming licensed status or practicing therapeutic
40 recreation/recreational therapy;
41 (h) Willfully violated any provision of this article, rules, or code
42 of ethics enacted by the board; or
43 (i) Aided, abetted, or assisted any person in violating the provisions
44 of this article.
45 2. The board may reinstate a revoked license or remove licensure
46 restrictions when it finds that the reasons for revocation or
47 restriction no longer exist and that the person can reasonably be
48 expected to safely and properly practice recreational therapy.
49 § 7957. Reciprocity. The board may grant a license to any person who,
50 at the time of application, is licensed as a recreational therapist or
51 therapeutic recreation specialist by a similar board of another country,
52 state, or territory whose licensing standards are substantially equiv-
53 alent to or higher than those required by this article. The board shall
54 determine the substantial equivalence upon which reciprocity is based.
55 § 2. Paragraph a of section 17-a of chapter 676 of the laws of 2002,
56 amending the education law and the social services law relating to
S. 4561 5
1 licensing mental health practitioners, as amended by chapter 130 of the
2 laws of 2010, is amended to read as follows:
3 a. In relation to activities and services provided under article 153
4 of the education law, nothing in this act shall prohibit or limit such
5 activities or services on the part of any person in the employ of a
6 program or service operated, regulated, funded, or approved by the
7 department of mental hygiene or the office of children and family
8 services, or a local governmental unit as that term is defined in arti-
9 cle 41 of the mental hygiene law or a social services district as
10 defined in section 61 of the social services law or a therapeutic recre-
11 ation specialist as defined in article 156-A of the education law. In
12 relation to activities and services provided under article 163 of the
13 education law, nothing in this act shall prohibit or limit such activ-
14 ities or services on the part of any person in the employ of a program
15 or service operated, regulated, funded, or approved by the department of
16 mental hygiene, the office of children and family services, the depart-
17 ment of correctional services, the state office for the aging and the
18 department of health or a local governmental unit as that term is
19 defined in article 41 of the mental hygiene law or a social services
20 district as defined in section 61 of the social services law, pursuant
21 to authority granted by law. This section shall not authorize the use of
22 any title authorized pursuant to article 153, 156-A or 163 of the educa-
23 tion law by any such employed person, except as otherwise provided by
24 such articles respectively.
25 § 3. This act shall take effect on the first of January next succeed-
26 ing the date on which it shall have become a law; provided, however,
27 that the amendments made to subdivision a of section 17-a of chapter 676
28 of the laws of 2002 by section two of this act shall not affect the
29 repeal of such section and shall be deemed repealed therewith; provided
30 further that the department of education is authorized to promulgate any
31 and all rules and regulations and take any other measures necessary to
32 implement the provisions of this act on or before the effective date.
