CHAPTER 220
SB 305-FN – FINAL VERSION
02/16/06 0779s
02/16/06 0827s
19Apr2006… 1683h
2006 SESSION
10/03
SENATE BILL 305-FN
AN ACT relative to the regulation of recreational therapists.
SPONSORS: Sen. Estabrook, Dist 21; Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23; Sen. Flanders, Dist 7; Rep. Powers, Rock 16; Rep. Irwin, Hills 3; Rep. Houde-Quimby, Sull 1; Rep. Bergin, Hills 6
COMMITTEE: Executive Departments and Administration
This bill adds recreational therapists to the professions licensed under the allied health professionals.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/06 0779s
02/16/06 0827s
19Apr2006… 1683h
06-2790
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the regulation of recreational therapists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
220:1 New Chapter; Recreational Therapists. Amend RSA by inserting after chapter 326-I the following new chapter:
CHAPTER 326-J
RECREATIONAL THERAPISTS
326-J:1 Definitions. In this chapter and RSA 328-F, unless context otherwise requires:
I. “Board” means the recreational therapy governing board established in RSA 328-F.
II. “Recreational therapist” means a person currently licensed to practice recreational therapy in the state of New Hampshire.
III. “Recreational therapy” 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 participation in life situations caused by an illness or disabling condition.
(a) For purposes of accomplishing therapeutic recreation goals, recreational therapy may include:
(1) Remediating or restoring an individual’s participation levels that are limited due to impairment in physical, cognitive, social, or emotional abilities.
(2) Analyzing and evaluating recreational and psychosocial activities to determine the physical, social, and programmatic elements necessary for involvement and modifying those elements to promote full participation and maximization of functional independence.
(3) Using recreational modalities in designed intervention strategies to maximize physical, cognitive, social, or emotional abilities.
(4) Incorporating the individual’s interests and the individual’s family and community to maximize relevance to the individual’s goals.
(5) Promoting the concept of healthy living into treatment strategies to decrease the potential for secondary conditions.
(6) Developing community support and encouraging attitudinal changes to reflect dignity, self respect, and involvement within one’s community.
(7) Fostering peer and intergenerational relationships.
(b) Recreational therapy services include, but are not limited to:
(1) Conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action and subsequent individualized treatment plan.
(2) Planning and developing the individualized treatment plan that identifies an individual’s goals, objectives, and treatment intervention strategies.
(3) Implementing the individualized treatment plan that is consistent with the overall treatment program.
(4) Systematically evaluating and comparing the individual’s response to the individualized treatment plan and suggesting modifications as appropriate.
(5) Developing a discharge plan in collaboration with the individual, the individual’s family, and other treatment team members.
(6) Identifying, designing, fabricating, applying, or training in the use of, adaptive recreational equipment.
(7) Identifying, applying, and evaluating the use of non-invasive and non-pharmacological approaches to reduce or alleviate pain or manage pain to minimize its impact upon participation.
(8) Identifying, providing, and educating individuals to use resources that support a healthy, active, and engaged life.
(9) Minimizing the impact of environmental constraints as a barrier to participation.
(10) Collaborating with and educating the individual, family, caregiver, and others to foster an environment that is responsive to the needs of the individual.
(11) Consulting with groups, programs, organizations, or communities to improve physical, social, and programmatic accessibility.
326-J:2 Evaluation and Treatment Authorization.
I. Consultation and evaluation by a recreational therapist may be performed without a referral. Initiation of recreational therapy services to individuals with medically-related conditions shall be based on a referral from any qualified health care professional who, within the scope of the professional’s licensure, is authorized to refer for health care services.
II. Prevention, wellness, education, adaptive sports and recreation, and related services shall not require a referral.
326-J:3 Prohibition on Unauthorized Practice; Professional Identification.
I. No person shall practice or hold oneself out as being able to practice recreational therapy or provide recreational therapy services in this state unless the person is licensed under this chapter and RSA 328-F. Nothing in this paragraph shall be construed to prohibit students enrolled in board-approved schools or courses in recreational therapy from performing recreational therapy that is incidental to their respective courses of study or supervised work. The board shall adopt rules under RSA 541-A relative to schools or courses allowing students to practice under this paragraph.
II. Licensed recreational therapists may use the letters “TR,” “TRS,” and “CTRS/L” in connection with their name or place of business.
III. A person or business entity, its employees, agents, or representatives shall not use in conjunction with that person's name or the activity of the business the words therapeutic recreation specialist, therapeutic recreation, recreational therapy, recreational therapist, recreation therapy, recreation therapist, the letters “CTRS,” “TRS,” or “TR,” or any other words, abbreviations, or insignia indicating or implying directly or indirectly that recreational therapy is provided or supplied, including the billing of services labeled as recreational therapy, unless such services are provided under the direction of a recreational therapy specialist licensed pursuant to this chapter. A person or entity that violates this paragraph is guilty of a violation for the first offense and guilty of a misdemeanor for any subsequent offense.
326-J:4 Coercion Prohibited. No person shall coerce a licensed recreational therapist into compromising client safety by requiring the licensed recreational therapist to delegate activities or tasks if the licensed recreational therapist determines that it is inappropriate to do so. Licensed recreational therapists shall not be subject to disciplinary action by the board for refusing to delegate activities or tasks or refusing to provide the required training for delegation if the licensed recreational therapist determines that the delegation may compromise client safety.
326-J:5 Eligibility for Licensure.
I. An applicant shall possess the following qualifications to be licensed:
(a) Be at least 18 years of age.
(b) Be of good moral character.
(c) Successfully complete an academic program with a baccalaureate degree or higher from an accredited college or university with a major in therapeutic recreation or a major in recreation or leisure with an option in therapeutic recreation.
(d) Successfully complete a period of field experience as defined by the National Council for Therapeutic Recreation Certification (NCTRC) under the supervision of a Certified Therapeutic Recreation Specialist (CTRS) approved by the educational institution where the applicant has met his or her academic requirements.
(e) Successfully complete the proctored examination administered by the NCTRC.
II. The board may, upon notice and opportunity for a hearing, deny an application for reinstatement of a license or reinstate the license with conditions. Conditions imposed may include a requirement for continuing education, practice under the supervision of a licensed recreational therapist, or any other conditions set forth in the section addressing conditional licenses in RSA 328-F.
III. Notwithstanding paragraph I, the board may grant initial licenses to recreational therapists who were certified by the NCTRC prior to July 1, 2007 and who hold an active CTRS credential.
326-J:6 Renewal of License.
I. Persons licensed as recreational therapists are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F or demonstrated poor moral character.
(b) Meet continuing competency requirements by completing a minimum of 30 hours of continuing education in formal courses approved by the board and other requirements established by the board rules adopted pursuant to RSA 541-A.
II. The board shall accept continuing education programs that meet the recertification standards of the National Council for Therapeutic Recreation Certification.
220:2 Allied Health Professionals; Definition; Governing Boards. Amend RSA 328-F:2, II to read as follows:
II. “Governing boards’’ means individual licensing boards of athletic trainers, occupational therapy assistants, occupational therapists, recreational therapists, physical therapists, physical therapist assistants, respiratory care practitioners, and speech-language pathologists.
220:3 New Paragraph; Definition; Recreational Therapy. Amend RSA 328-F:2 by inserting after paragraph VIII the following new paragraph:
IX. “Recreational therapy’’ means “recreational therapy’’ as defined in RSA 326-J:1, III.
220:4 Allied Health Professionals; Governing Board Established. Amend RSA 328-F:3, I to read as follows:
I. There shall be established governing boards of athletic trainers, occupational therapists, recreational therapists, respiratory care practitioners, physical therapists, and speech-language pathologists.
220:5 New Paragraph; Governing Board Membership. Amend RSA 328-F:4 by inserting after paragraph VIII the following new paragraph:
IX. The recreational therapy governing board shall consist of 3 licensed recreational therapists, who have actively engaged in the practice of recreational therapy in this state for at least 3 years, and 2 public members. Notwithstanding the requirements for licensure of professional members under this section, initial appointment of professional members by the governor and council shall be qualified persons practicing recreational therapy in this state. All subsequent appointments or reappointments shall require licensure.
220:6 License Renewal. Amend RSA 328-F:19, I to read as follows:
I. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the governing board has acted on the renewal application. Licenses issued pursuant to RSA 328-A [and], RSA 326-G, and RSA 326-J shall expire in even-numbered years and licenses issued pursuant to RSA 326-C, RSA 326-E, and RSA 326-F shall expire in odd-numbered years.
220:7 Effective Date. This act shall take effect July 1, 2007.
Approved: June 1, 2006
Effective: July 1, 2007