S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4043
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 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 defining the  practice
   of  recreational  therapy and establishing procedures for licensure of
   recreational therapists and requirements for continuing education  for
   recreational therapists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 158 to
 read as follows:
 
                                ARTICLE 158
                            RECREATION THERAPY
 
 SECTION 8100. INTRODUCTION.
         8101. DEFINITIONS.
         8102. PRACTICE OF RECREATION THERAPY AND USE  OF  TITLE  "RECRE-
                 ATION THERAPIST".
         8103. STATE BOARD FOR RECREATION THERAPY.
         8104. REQUIREMENTS FOR A PROFESSIONAL LICENSE.
         8105. LIMITED PERMITS.
         8106. EXEMPT PERSONS.
         8107. SPECIAL CONDITIONS.
         8108. MANDATORY CONTINUING COMPETENCY.
   § 8100. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF RECRE-
 ATION  THERAPY.  THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN
 ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY TO THIS ARTICLE.
   § 8101. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "PRACTICE OF  THE  PROFESSION  OF  RECREATION  THERAPY"  MEANS  THE
 CONTINUAL  FUNCTIONAL  EVALUATION OF THE CLIENT, THE PLANNING AND IMPLE-
 MENTATION OF A PROGRAM OF  RECREATION  AND/OR  LEISURE  ACTIVITIES,  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10157-01-9

 S. 4043                             2
 
 DEVELOPMENT  AND UTILIZATION OF A TREATMENT PROGRAM, AND/OR CONSULTATION
 WITH THE CLIENT, FAMILY, CAREGIVER OR ORGANIZATION IN ORDER TO  RESTORE,
 DEVELOP  OR  MAINTAIN  ADAPTIVE  SKILLS,  AND/OR  PERFORMANCE  ABILITIES
 DESIGNED  TO ACHIEVE MAXIMAL PHYSICAL, COGNITIVE, SOCIAL, EMOTIONAL, AND
 MENTAL FUNCTIONING OF THE CLIENT USING  RECREATION  AND  LEISURE  INTER-
 VENTIONS. IT IS A TREATMENT PROGRAM DESIGNED TO PROMOTE HEALTH AND WELL-
 NESS;  RESTORE, REMEDIATE AND/OR REHABILITATE FUNCTION AND INDEPENDENCE;
 AND REDUCE/ELIMINATE ANY LIMITATIONS CAUSED BY AN ILLNESS  OR  DISABLING
 CONDITION.  THE  TREATMENT  PROGRAM SHALL BE RENDERED ON THE APPROVAL OR
 REFERRAL OF A PHYSICIAN, NURSE PRACTITIONER OR OTHER HEALTH CARE PROVID-
 ER ACTING WITHIN HIS OR HER SCOPE OF PRACTICE PURSUANT  TO  THIS  TITLE.
 PREVENTION,  WELLNESS,  EDUCATION,  ADAPTIVE  SPORTS  AND RECREATION AND
 RELATED  SERVICES  SHALL  NOT  REQUIRE  A  REFERRAL.  HOWEVER,   NOTHING
 CONTAINED  IN  THIS  ARTICLE  SHALL  BE CONSTRUED TO PERMIT ANY LICENSEE
 HEREUNDER TO PRACTICE  OCCUPATIONAL  THERAPY,  MEDICINE  OR  PSYCHOLOGY,
 INCLUDING  PSYCHOTHERAPY OR TO OTHERWISE EXPAND SUCH LICENSEE'S SCOPE OF
 PRACTICE BEYOND WHAT IS AUTHORIZED BY THIS CHAPTER.
   2. "BOARD" MEANS THE STATE BOARD FOR  RECREATION  THERAPY  ESTABLISHED
 PURSUANT TO SECTION EIGHTY-ONE HUNDRED THREE OF THIS ARTICLE.
   §  8102.  PRACTICE  OF RECREATION THERAPY AND USE OF TITLE "RECREATION
 THERAPIST". NO PERSON SHALL PRACTICE OR HOLD ONESELF OUT AS  BEING  ABLE
 TO  PRACTICE  RECREATION  THERAPY  IN  THIS  STATE  UNLESS THE PERSON IS
 LICENSED, AUTHORIZED OR EXEMPT UNDER THIS ARTICLE. NOTHING IN THIS PARA-
 GRAPH SHALL BE CONSTRUED TO PROHIBIT STUDENTS ENROLLED IN BOARD-APPROVED
 SCHOOLS OR COURSES IN RECREATION THERAPY FROM PERFORMING  SERVICES  THAT
 ARE  INCIDENTAL TO THEIR RESPECTIVE COURSES OF STUDY OR SUPERVISED WORK.
 THE BOARD SHALL ADOPT RULES RELATIVE  TO  SCHOOLS  OR  COURSES  ALLOWING
 STUDENTS  TO  PRACTICE  UNDER  THIS  SUBDIVISION. ONLY A PERSON LICENSED
 UNDER THIS ARTICLE SHALL USE THE TITLE "LICENSED  RECREATION  THERAPIST"
 OR "THERAPEUTIC RECREATION SPECIALIST".
   §  8103.  STATE BOARD FOR RECREATION THERAPY. A STATE BOARD FOR RECRE-
 ATION THERAPY SHALL BE APPOINTED BY THE BOARD OF REGENTS ON  THE  RECOM-
 MENDATION  OF THE COMMISSIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF
 REGENTS AND THE DEPARTMENT ON  MATTERS  OF  PROFESSIONAL  LICENSING  AND
 PROFESSIONAL  CONDUCT. THE BOARD SHALL BE COMPOSED OF NOT LESS THAN FIVE
 LICENSED RECREATION THERAPISTS, AND ONE MEMBER OF THE PUBLIC WHO IS  NOT
 LICENSED  UNDER THIS TITLE. AN EXECUTIVE SECRETARY TO THE BOARD SHALL BE
 APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION OF THE COMMISSIONER.
   § 8104. REQUIREMENTS FOR A PROFESSIONAL  LICENSE.  TO  QUALIFY  FOR  A
 LICENSE  AS  A  RECREATION  THERAPIST,  AN  APPLICANT  SHALL FULFILL THE
 FOLLOWING REQUIREMENTS:
   1. FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  HAVE  SATISFACTORILY  COMPLETED  AN  APPROVED  RECREATION  THERAPY
 CURRICULUM IN A BACCALAUREATE, MASTER'S, OR DOCTORATE PROGRAM OR A POST-
 BACCALAUREATE  CERTIFICATE FROM AN INSTITUTION ACCEPTABLE TO THE DEPART-
 MENT;
   3. A. HAVE COMPLETED A FIELD EXPERIENCE IN  RECREATION  THERAPY  WHICH
 WAS UNDER THE SUPERVISION OF QUALIFIED SUPERVISORS AND WHERE SUPERVISION
 AND  EXPERIENCE SHALL BE SATISFACTORY TO THE BOARD OF RECREATION THERAPY
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, OR;
   B. HAVE A SUPERVISED  RECREATION  THERAPY  WORK  EXPERIENCE  IN  WHICH
 SUPERVISION  AND EXPERIENCE SHALL BE SATISFACTORY TO THE BOARD OF RECRE-
 ATION THERAPY AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. PASS AN EXAMINATION SATISFACTORY TO THE BOARD OF RECREATION THERAPY
 AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. BE AT LEAST TWENTY-ONE YEARS OF AGE;

 S. 4043                             3
 
   6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT; AND
   7. PAY A FEE OF ONE HUNDRED FORTY DOLLARS TO THE DEPARTMENT FOR ADMIS-
 SION  TO A DEPARTMENT CONDUCTED EXAMINATION, IF APPLICABLE, AND A FEE OF
 SEVENTY DOLLARS FOR EACH  RE-EXAMINATION,  AND  A  FEE  OF  ONE  HUNDRED
 FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
   §  8105.  LIMITED  PERMITS.  THE  FOLLOWING REQUIREMENTS FOR A LIMITED
 PERMIT SHALL APPLY TO ALL PROFESSIONALS LICENSED OR  CERTIFIED  PURSUANT
 TO THIS ARTICLE.
   1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
 ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
 ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR ONE YEAR; SUCH LIMITED PERMITS MAY  BE
 RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
 SEVENTY DOLLARS.
   4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY  UNDER  SUPERVISION  AS
 DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   §  8106. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
 OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD  OR  DEVICE
 SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
 THE PERSON RENDERING SUCH SERVICE IS A LICENSED RECREATION THERAPIST:
   1. A LICENSED PHYSICIAN FROM  PRACTICING  HIS  OR  HER  PROFESSION  AS
 DEFINED  UNDER  ARTICLE  ONE  HUNDRED THIRTY-ONE AND ARTICLE ONE HUNDRED
 THIRTY-ONE-B OF THIS TITLE;
   2.  QUALIFIED  MEMBERS  OF  OTHER  LICENSED  OR   LEGALLY   RECOGNIZED
 PROFESSIONS  FROM  PERFORMING  WORK  INCIDENTAL TO THE PRACTICE OF THEIR
 PROFESSION, EXCEPT THAT SUCH PERSONS MAY NOT HOLD THEMSELVES  OUT  UNDER
 THE TITLE RECREATION THERAPIST;
   3. A STUDENT FROM ENGAGING IN CLINICAL PRACTICE AS PART OF AN APPROVED
 PROGRAM IN RECREATION THERAPY; OR
   4. AN EMPLOYEE OF A FEDERAL, STATE OR CITY AGENCY FROM USING THE TITLE
 OR  PRACTICING  AS A RECREATION THERAPIST INSOFAR AS SUCH ACTIVITIES ARE
 REQUIRED BY HIS OR HER SALARIED POSITION AND THE USE OF SUCH TITLE SHALL
 BE LIMITED TO SUCH EMPLOYMENT.
   § 8107. SPECIAL CONDITIONS. ANY NONEXEMPT PERSON PRACTICING A  PROFES-
 SION  TO  BE LICENSED PURSUANT TO THIS ARTICLE SHALL APPLY FOR A LICENSE
 OF SAID PROFESSION WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THE  SPECI-
 FIED PROFESSION EXCEPT:
   1.  IF SUCH PERSON DOES NOT MEET THE REQUIREMENTS FOR A LICENSE ESTAB-
 LISHED WITHIN THIS ARTICLE, SUCH PERSON MAY  MEET  ALTERNATIVE  CRITERIA
 DETERMINED  BY  THE  BOARD  OF  RECREATION THERAPY TO BE THE SUBSTANTIAL
 EQUIVALENT OF SUCH CRITERIA; OR
   2. IF SUCH PERSON MEETS THE REQUIREMENTS  FOR  A  LICENSE  ESTABLISHED
 WITHIN  THIS  ARTICLE, EXCEPT FOR EXAMINATION, AND HAS BEEN CERTIFIED OR
 REGISTERED BY A NATIONAL CERTIFYING OR REGISTERING BODY  HAVING  CERTIF-
 ICATION  OR  REGISTRATION  STANDARDS ACCEPTABLE TO THE COMMISSIONER, THE
 DEPARTMENT SHALL LICENSE WITHOUT EXAMINATION.
   § 8108. MANDATORY CONTINUING COMPETENCY. 1. A.  EACH  LICENSED  RECRE-
 ATION  THERAPIST SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRAC-
 TICE IN THE STATE AND MUST COMPLY WITH THE PROVISIONS OF  THE  MANDATORY
 CONTINUING COMPETENCY REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS
 SECTION,  EXCEPT  AS PROVIDED IN PARAGRAPHS B AND C OF THIS SUBDIVISION.
 THOSE WHO DO NOT SATISFY THE MANDATORY  CONTINUING  COMPETENCY  REQUIRE-
 MENTS  SHALL  NOT  BE  AUTHORIZED  TO  PRACTICE UNTIL THEY HAVE MET SUCH
 REQUIREMENTS, AND THEY HAVE  BEEN  ISSUED  A  REGISTRATION  CERTIFICATE,
 EXCEPT THAT THEY MAY PRACTICE WITHOUT HAVING MET SUCH REQUIREMENTS IF HE

 S. 4043                             4
 
 OR  SHE  IS  ISSUED  A  CONDITIONAL REGISTRATION PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION.
   B. RECREATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATORY CONTINUING
 COMPETENCY  REQUIREMENT  FOR  THE  TRIENNIAL  REGISTRATION PERIOD DURING
 WHICH THEY ARE FIRST LICENSED. ADJUSTMENT TO  THE  MANDATORY  CONTINUING
 COMPETENCY  REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF
 HEALTH OF THE LICENSEE WHERE CERTIFIED BY  AN  APPROPRIATE  HEALTH  CARE
 PROFESSIONAL,  FOR  EXTENDED  ACTIVE  DUTY  WITH THE ARMED FORCES OF THE
 UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   C.  A LICENSED RECREATION THERAPIST NOT ENGAGED IN PRACTICE, AS DETER-
 MINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE  MANDATORY  CONTINUING
 COMPETENCY  REQUIREMENT  UPON THE FILING OF A STATEMENT WITH THE DEPART-
 MENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRACTICE  OF
 RECREATION THERAPY DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY
 THE  DEPARTMENT  PRIOR  TO REENTERING THE PROFESSION AND SHALL MEET SUCH
 MANDATORY CONTINUING COMPETENCY REQUIREMENTS AS SHALL BE  PRESCRIBED  BY
 REGULATIONS OF THE COMMISSIONER.
   2.  A.  DURING  EACH  TRIENNIAL  REGISTRATION  PERIOD AN APPLICANT FOR
 REGISTRATION AS A RECREATION THERAPIST SHALL COMPLETE A MINIMUM OF THIR-
 TY HOURS OF LEARNING ACTIVITIES WHICH CONTRIBUTE  TO  CONTINUING  COMPE-
 TENCE,  AS  SPECIFIED  IN  SUBDIVISION  FOUR  OF  THIS SECTION, PROVIDED
 FURTHER THAT AT LEAST TWENTY HOURS SHALL BE IN AREAS OF STUDY  PERTINENT
 TO  THE  SCOPE  OF PRACTICE OF RECREATION THERAPY. WITH THE EXCEPTION OF
 CONTINUING EDUCATION HOURS TAKEN DURING THE  REGISTRATION  PERIOD  IMME-
 DIATELY  PRECEDING THE EFFECTIVE DATE OF THIS SECTION, CONTINUING EDUCA-
 TION HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED TO A SUBSE-
 QUENT TRIENNIUM.
   B. THEREAFTER, A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINU-
 ING COMPETENCY REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
 CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL  A
 CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
 VISION THREE OF THIS SECTION.
   3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO A LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  COMPETENCY
 REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO OF THIS SECTION, BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
 ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
 TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
 FOR THE TRIENNIAL REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGIS-
 TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
 YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
 FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
 REGISTRATION MAY BE SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   4.  AS  USED  IN SUBDIVISION TWO OF THIS SECTION, "ACCEPTABLE LEARNING
 ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO PROFESSIONAL PRAC-
 TICE IN RECREATION THERAPY, AND WHICH MEET THE STANDARDS  PRESCRIBED  IN
 THE  REGULATIONS  OF  THE COMMISSIONER.   SUCH LEARNING ACTIVITIES SHALL
 INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT  AND  NON-CREDIT
 COURSES, PUBLICATIONS IN PROFESSIONAL JOURNALS AND PROFESSIONAL DEVELOP-
 MENT  PROGRAMS; SUCH LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY
 NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZA-
 TIONS  OR  PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
 EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE  DEPART-

 S. 4043                             5
 
 MENT.  THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE
 TO THE HEALTH AND WELFARE OF  THE  PUBLIC,  REQUIRE  THE  COMPLETION  OF
 CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO
 FULFILL  THIS  MANDATORY  CONTINUING  COMPETENCY REQUIREMENT.   LEARNING
 ACTIVITIES MUST BE TAKEN FROM A  SPONSOR  APPROVED  BY  THE  DEPARTMENT,
 PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   5.  RECREATION  THERAPISTS  SHALL  MAINTAIN  ADEQUATE DOCUMENTATION OF
 COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING  ACTIVITIES  AND
 SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT. FAIL-
 URE  TO  PROVIDE SUCH DOCUMENTATION UPON REQUEST OF THE DEPARTMENT SHALL
 BE AN ACT OF MISCONDUCT SUBJECT TO THE DISCIPLINARY PROCEEDINGS PURSUANT
 TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   6. THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FORTY-FIVE DOLLARS
 FOR RECREATION THERAPISTS, SHALL BE PAYABLE ON OR BEFORE THE  FIRST  DAY
 OF  EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO
 THE TRIENNIAL REGISTRATION FEE REQUIRED.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.