DAR File No. 28876

Commerce, Occupational and Professional Licensing

R156-40-302c

Qualifications for Licensure - Examination Requirements

NOTICE OF PROPOSED RULE

DAR File No.: 28876
Filed: 07/11/2006, 01:50
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division has been evaluating the need for each profession's law/rule examination and has determined that the law/rule examination for applicants for licensure in recreation therapy classifications (master therapeutic recreation specialist (MTRS), therapeutic recreation specialist (TRS) and therapeutic recreation technician (TRT) can be deleted with no negative impact on the profession.

Summary of the rule or change:

In Section R156-40-302c, deleted references to Utah Recreation Therapy Law and Rule Examination.

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 $75 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; therefore, no costs or savings are anticipated. Proposed amendments only apply to potential licensees in recreation therapy classifications.

other persons:

Proposed amendments only apply to applicants for licensure in recreation therapy classifications. Those applicants for licensure will see a savings of $60 in that they will no longer be required to take the Utah Recreation Therapy Law and Rule Examination. The Division estimates approximately 20 new recreation therapy applicants are licensed on a yearly basis, thus resulting in an aggregate savings of $1,200. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

Compliance costs for affected persons:

Proposed amendments only apply to applicants for licensure as in recreation therapy classifications. Those applicants for licensure will see a savings of $60 in that they will no longer be required to take the Utah Recreation Therapy Law and Rule Examination. It should be noted however that any testing agency which the Division has contracted with to give the law/rule examination will see a decrease in the examination fees noted above.

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

The regulated industry will experience a cost-savings as a result of the elimination of the Utah Law and Rule Examination. 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:

08/31/2006

This rule may become effective on:

09/08/2006

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-40. Recreational Therapy Practice Act Rules.

R156-40-302c. 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 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]2) Applicants for licensure as a TRT shall pass the Utah Recreation Therapy Theory Examination for TRT with a minimum passing score of 70%.

KEY: licensing, recreational therapy, recreation therapy

Date of Enactment or Last Substantive Amendment: [June 22, ]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.