DAR File No. 28674

Commerce, Occupational and Professional Licensing

R156-40

Recreational Therapy Practice Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 28674
Filed: 04/25/2006, 11:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Recreational Therapy Board have reviewed the rule and need to update the rule with respect to definitions, educational requirements, experience requirements, examination requirements, and supervision requirements.

Summary of the rule or change:

In Section R156-40-102, amendments are made to update the definition of an "approved graduate degree" and also "supervision" definitions as identified in Subsections R156-40-102(7) and (8) to provide consistency with statutory requirements. New definitions for "full-time, on-site" and "maintain the on-going documentation" have been added to clarify wording that appears in the statute. In Section R156-40-103, a statutory citation has been updated. In Section R156-40-302a, amendments are being proposed to provide consistency with the statute on educational requirements necessary to obtain licensure for all levels of the recreational therapy practitioner. The proposed additions clarify that a master therapeutic recreational specialist (MTRS) and therapeutic recreational specialist (TRS) require certification as a Certified Therapeutic Recreation Specialist (CTRS), documentation of education and completion of a practicum. The proposed additions also clarify the number of hours and content required in an education program for a therapeutic recreational technician (TRT). Section R156-40-302b is being added to clarify statute requirements with respect to experience required for licensure as a MTRS, TRS, and TRT. Section R156-40-302c has been renumbered due to the addition of a new section identified above. The names of the required examinations have also been updated. Section R156-40-302d is being added to clarify statute requirements with respect to the responsibilities of a MTRS or TRS supervisor when supervising a TRT. Section R156-40-302e has been renumbered due to the addition of new sections identified above and minor grammar changes have been made in the section.

State statutory or constitutional authorization for this rule:

Section 58-40-1 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendments do not apply to local governments. The proposed amendments only apply to individuals who are licensed or who may apply for licensure in one of the three license classifications of recreational therapy.

other persons:

The proposed amendments only apply to individuals who are licensed or who may apply for licensure in one of the three license classifications of recreational therapy. The Division does not anticipate any costs or savings as the proposed amendments better define qualification requirements for licensure and standards for the profession and make the rules more consistent with statutory requirements.

Compliance costs for affected persons:

The proposed amendments only apply to individuals who are licensed or who may apply for licensure in one of the three license classifications of recreational therapy. The Division does not anticipate any costs or savings as the proposed amendments better define qualification requirements for licensure and standards for the profession and make the rules more consistent with statutory requirements.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing contains substantive amendments for the purposes of better defining qualification requirements for licensure and standards for the profession, and making the rule consistent with the authorizing statute. No fiscal impact to businesses is anticipated as a result of these amendments. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/20/2006

Interested persons may attend a public hearing regarding this rule:

6/20/2006 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 428 (fourth floor), Salt Lake City, UT

This rule may become effective on:

06/21/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-40. Recreational Therapy Practice Act Rules.

R156-40-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 40, as used in Title 58, Chapters 1 and 40 or these rules:

(1) ["Approved equivalent experience" for licensure as a MTRS, as used in Subsection 58-40-5(1)(a)(ii), means two years of full time paid experience obtained outside Utah while certified by NCTRC as a CTRS.

(2) ]"Approved [masters]graduate degree in recreation[al] therapy or a [masters]graduate degree with an approved emphasis in recreation[al] therapy", as used in Subsection 58-40-5(1)(a)(i), means an earned [masters]graduate degree which includes a minimum of nine semester hours or 12 quarter hours of upper division or graduate level course work in recreation[al] therapy.[

(3) "An approved training program" for licensure as a TRT, as used in Subsection 58-40-5(3)(a), means 200 hours of education and training under the supervision or direction of a MTRS, which will include instruction in the theories and concepts of recreational therapy from recognized colleges or universities, work shops or seminars, a minimum of ten hours of face to face consultation, and a structured practical experience in a facility.]

([4]2) "CTRS" means a person certified as a Certified Therapeutic Recreation Specialist by the National Council for Therapeutic Recreation Certification.

(3) "Full-time, on-site", as used in Subsections 58-40-5(3)(c), 58-40-6(3)(a)(i) and (3)(b)(i), means an individual who is employed on the premises with the hiring agency for a minimum of 30 hours per week.

(4) "Maintain the on-going documentation", as used in Subsection 58-40-6(3)(b), means:

(a) collecting data for the assessment process;

(b) documenting the on-going treatment or intervention provided to clients according to the treatment plan; and

(c) providing periodic review of client status according to agency regulations.

(5) "MTRS" means a person licensed as a master therapeutic recreational specialist.

(6) "NCTRC" means the National Council for Therapeutic Recreation Certification.

(7) "Supervision", as used in Subsections 58-40-5(3)(c), 58-40-6(1)(a), (2)(b), (3)(a)(i) and (3)(b)(i), means full-time, on-site oversight by a MTRS or TRS of the recreation therapy services offered.

([7]8) "Supervision of a [therapeutic recreational technician", as used in Subsection 58-40-6(3)(a) and (b), or "supervision of a ]temporary TRS", as used in Subsection R156-40-302[c]e(d), means that the MTRS or TRS supervisor is responsible for the recreational therapy activities performed by the [TRT]temporary TRS and will review and approve the treatment plans as well as any modifications to the treatment plans as evidenced by the signature of the MTRS or TRS in the treatment plan.

([8]9) "TRS" means a person licensed as a therapeutic recreational specialist.

([9]10) "TRT" means a person licensed as a therapeutic recreational technician.

([10]11) "Unprofessional conduct" is defined in Title 58, Chapters 1 and 40.

R156-40-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 40.

R156-40-302a. [Education and Practicum Requirements for Licensure as a Therapeutic Recreational Specialist]Qualifications of Licensure - Education Requirements.

In accordance with Section 58-40-5, the educational requirements for licensure include:

(1) A MTRS applicant shall:

(a) have a current NCTRC certification as a CTRS; and

(b) document that he has completed the education and practicum requirements for licensure as a TRS.

(2) A TRS applicant shall:

(a) have a[In accordance with Subsections 58-40-5(2)(a) and (b), a] current NCTRC certification as a CTRS; and

(b) [is required to ]document that he[a person] has completed the education and practicum requirements for licensure as a TRS.

(3) A TRT applicant shall:

(a) have an approved educational course in therapeutic recreation taught by a MTRS, as required by Subsection 58-40-5(3)(b)(i), which shall consist of 90 hours of structured education under the instruction and direction of a licensed MTRS, or if completed out of state, under the direction of a nationally certified CTRS, which includes:

(i) theories and concepts of recreation therapy;

(ii) the therapeutic recreation process;

(iii) characteristics of illness and disability and their effects on leisure;

(iv) medical and psychiatric terminology including psychiatric, pharmacology and abbreviations;

(v) ethics;

(vi) role and function of other health and human service professionals including agencies, medical specialists and allied health professionals; and

(vii) health and safety.

R156-40-302b. Qualifications for Licensure - Experience Requirements.

In accordance with Section 58-40-5, the experience requirements for licensure include:

(1) A MTRS is required to complete 4000 hours of paid experience, as required by Subsection 58-40-5(1)(a)(ii), which means an individual must work as a TRS in Utah in a paid position practicing recreation therapy and/or work outside of Utah as a CTRS in a paid position practicing recreation therapy as defined in Subsection 58-40-2(4)(a) and (b) for 4000 hours.

(2) A TRS is required to complete an approved practicum, as required by Subsection 580-40-5(2)(b), which means a practicum verified on the graduate degree transcript.

(3) A TRT is required to complete an approved practicum, as required by Subsection 58-40-5(3)(c), which means 125 hours of field work experience to be completed over a duration of not more than nine months under the direction of a licensed MTRS or TRS supervisor that includes:

(a) a minimum of ten hours of face to face supervision by the MTRS or TRS supervisor;

(b) training in the therapeutic recreation process as defined in Subsections 58-40-2(4)(a) and (b);

(c) interdisciplinary contact;

(d) administration contact; and

(e) community relations.

R156-40-302[b]c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-40-5(1)(e), 58-40-5(2)(f) and 58-40-5(3)(e), applicants for licensure shall pass the following examinations:

(1) Applicants for licensure as a MTRS, TRS or TRT shall pass the Utah Recreation[al] Therapy Law and Rule Examination with a minimum passing score of 75%.

(2) Applicants for licensure as a MTRS or TRS shall pass the NCTRC certification examination as evidenced by a current NCTRC certification as a CTRS.

(3) Applicants for licensure as a TRT shall pass the Utah Recreation[al] Therapy Theory Examination for TRT with a minimum passing score of 70%.

R156-40-302d. Qualifications for Supervision.

Supervision of a therapeutic recreation technician, as used in Subsection 58-40-6(3)(a)(i) and (3)(b)(i), means that the MTRS or TRS supervisor is responsible for:

(1) providing on-site training, observation, direction and evaluation, as defined in Subsection 58-40-2(4)(b), to include:

(a) reviewing the recreation therapy intervention as defined by the treatment plan performed by the TRT;

(b) demonstrating periodic review and evaluation of ongoing documentation;

(c) reviewing the recreation therapy program according to administrative and governing regulations; and

(d) reviewing and evaluating adherence to the standards of the profession.

R156-40-302[c]e. Qualifications for Temporary License as a TRS - Supervision Required.

(1) In accordance with Section 58-1-303, an applicant for temporary licensure as a TRS shall:

(a) submit an application for temporary license in the form prescribed by the division which includes a verification that the applicant has registered and been approved to take the next available NCTRC examination;

(b) pay[s] a fee determined by the department under Section 63-38-3.2;

(c) meet[s] all the requirements for licensure, except passing the NCTRC examination; and

(d) practice[s] recreation[al] therapy under the supervision of a Utah licensed TRS or MTRS as defined in Subsection R156-40-102([7]8).

(2) The temporary license will not be issued for a period greater than ten months.

(3) The temporary license will not be renewed or extended for any purpose.

KEY: licensing, recreational therapy[*]

Date of Enactment or Last Substantive Amendment: [July 16, 1998]2006

Notice of Continuation: November 6, 2001

Authorizing, and Implemented or Interpreted Law: 58-40-1; 58-1-106(1)(a); 58-1-202(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.