DAR File No. 38517

Commerce, Occupational and Professional Licensing

Rule R156-40

Recreational Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38517
Filed: 05/13/2014 01:52:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Recreational Therapy Licensing Board are proposing amendments to update and further clarify the existing rule.

Summary of the rule or change:

Various technical corrections are made throughout the rule. In Section R156-40-102, the current rule requires less education and experience for a bachelor's degree versus a graduate degree. The proposed amendments in this section defines "approved graduate degree" coursework to be the same as the coursework for a bachelor's level practitioner. Experience and educational standards are updated to meet the national requirements, which is updated to the 2013 edition. The approved practicum requires field placement experience that satisfies the requirements as defined in the National Council for Therapeutic Recreation Certification (NCTRC) standards. A definition for "consultation" is added. In Section R156-40-302c, the Therapeutic Recreation Technician Laws and Rules Exam is being deleted. In Section R156-40-302e, supervision is defined to be the standard set in Subsection R156-1-102(4)(c) and the proposed amendments define the responsibilities of a therapeutic recreation specialist (TRS) or master therapeutic recreation specialist (MTRS) when supervising a therapeutic recreation technician (TRT) when employed on site at an agency. A new Section R156-40-302f is added to clarify qualifications for consultation and the old Section R156-40-302f is changed to Section R156-40-302g.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Section 58-40-101
• Subsection 58-1-106(1)(a)

This rule or change incorporates by reference the following material:

• Updates NCTRC Certification Standards, Part I, published by National Council for Therapeutic Recreation Certification (NCTRC), January 2014

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed TRT, TRS, and MTRS, and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed TRT, TRS, and MTRS, and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed TRT, TRS, and MTRS, and applicants for licensure in those classifications. The proposed amendments do not affect educational programs or persons enrolled in programs because the programs meet the national standard which exceeds the standard established by the rule. Additionally employers will not be affected as the proposed amendments are clarification of terms already in the current statute. Hence, the Division has determined there should be no additional costs or savings.

Compliance costs for affected persons:

The proposed amendments only apply to licensed TRT, TRS, and MTRS, and applicants for licensure in those classifications. The proposed amendments do not affect educational programs or persons enrolled in programs because the programs meet the national standard which exceeds the standard established by the rule. Additionally employers will not be affected as the proposed amendments are clarification of terms already in the current statute. Hence, the Division has determined there should be no additional costs or savings. No fee was associated with the TRT Laws and Rules examination as it was only a take home examination included in an application packet.

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

This rule filing reduces the number of prelicensing education hours required for licensure in the recreational therapy profession. Educational institutions might consider it necessary to reduce tuition or fees accordingly, but they are not required to do so. In addition, this filing clarifies the qualifications that must be met by any individual who supervises an education program and its participants. A business that is required to provide supervision will need to modify any program that is not in compliance. Any associated costs will vary and cannot be estimated. However, it is anticipated that such costs will be minimal.

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:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• April Ellis at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at aprilellis@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:

07/01/2014

Interested persons may attend a public hearing regarding this rule:

• 06/24/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

07/08/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-40. Recreational Therapy Practice Act Rule.

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 this rule:

(1) "Approved graduate degree", as used in Subsection 58-40-302(2)(a), means an earned graduate (Masters, Ed.D., or Ph.D.) degree in recreational therapy or a graduate degree with an approved emphasis in recreational therapy, which includes:

(a) a minimum of nine semester hours or 12 quarter hours of upper division or graduate level course work in therapeutic recreation and/or recreational therapy;

(b) a minimum of [24]18 semester hours or [32]24 quarter hours of supportive coursework as outlined by the January [2012]2014 NCTRC Certification Standards, Part I, which are incorporated by reference; and

(c)[(i)] an approved practicum that:[which]

(i) includes [a minimum 480 hour, 12 consecutive week]field placement experience in recreational therapy services that :

(A) uses the therapeutic recreation process as defined in the January 2011 NCTRC National Job Analysis, which is incorporated by reference[ ,] ; and

(B) is under the supervision of an onsite field placement supervisor who :

(I) is licensed in Utah as a TRS or MTRS; and

(II) is nationally certified by NCTRC as a CTRS; and

(ii) if the practicum is conducted outside Utah, [the supervisor must be certified by NCTRC as an CTRS and meet NCTRC standards for field placement supervision. This practicum must be]is verified on an official university transcript.

(2) "Approved emphasis, option, or concentration in therapeutic recreation or recreational therapy", as used in Subsection 58-40-302(3)(a)(ii), means an emphasis, option or concentration posted on the transcript that meets the January [2012]2014 NCTRC Certification Standards, Part I, which are incorporated by reference, including:

(a) a minimum of 18 semester or 24 quarter hours of therapeutic recreation and general recreation content coursework with no less than a minimum of 12 semester or 16 quarter hours in therapeutic recreation, consisting of a minimum of four three-credit hour courses;

(b) a total of 18 semester or 24 quarter hours of support coursework with a minimum of:

(i) three semester hours or three quarter hours coursework in the content area of anatomy and physiology;

(ii) three semester hours or three quarter hours coursework in the content area of abnormal psychology; and

(iii) three semester hours or three quarter hours coursework in the content area of human growth and development across the lifespan. The remaining semester hours or quarter hours of coursework must be fulfilled in the content area of "human service" as defined by the NCTRC; and

(c)[(i) a minimum 480 hour, 12 week] field placement experience in therapeutic recreation services that:

(i) uses the therapeutic recreation process as defined in the January 2011 NCTRC National Job Analysis, which is incorporated by reference[,];

(ii) is under the supervision of an academic supervisor and an onsite field placement supervisor, each of whom:[who]

(A) is [both]state licensed as a TRS or MTRS;

(B) is nationally certified by[and]NCTRC as a CTRS[ certified]; and

(C) meets the standards for field placement supervision; and

(ii i) if the practicum is conducted outside Utah, [the supervisor must be certified by NCTRC as a CTRS and meet NCTRC standards for field placement supervision. This practicum must be]is verified on an official university transcript.

(3) "Consultation", as used in Subsection 58-40-601(3)(a)(ii), is defined in Subsection R156-40-302f.

([3]4) "CTRS" means a person certified as a Certified Therapeutic Recreation Specialist by the NCTRC.

([4]5) "Full-time, on-site", as used in Subsections 58-40-601(3)(a) and (b), means an individual who is employed on the premises with the hiring agency for a minimum of 30 hours per week.

([5]6) "Maintain the ongoing documentation", as used in Subsection 58-40-601(3)(b), means:

(a) documenting the ongoing treatment or intervention provided to clients according to the treatment plan; and

(b) providing review of patient status according to federal, state, and agency regulations.

([6]7) "MTRS" means a person licensed as a master therapeutic recreation specialist.

([7]8) "NCTRC" means the National Council for Therapeutic Recreation Certification.

([8]9) "Supervision", as used in Section 58-40-601, means that a person who is employed full-time[,] and on-site as a TRS or MTRS by a recreational therapy services provider is responsible to ensure that the supervised TRT implements the treatment plan as established by the supervisor[oversight by an MTRS or TRS of the recreational therapy services offered].

([9]10) "Supervision of a temporary TRS", as used in Subsection R156-40-302f(1)(d), means that the TRS or MTRS [or TRS]supervisor :

(a) is responsible for the recreational therapy [activities]interventions performed by the temporary TRS; and

(b) will be required to review and approve the treatment plans as well as any modifications to the treatment plans as evidenced by the signature of the TRS or MTRS [or TRS ]in the treatment plan.

([10]11) "TRS" means a person licensed as a therapeutic recreation specialist.

([11]12) "TRT" means a person licensed as a therapeutic recreation technician.

([12]13) "Written plan of operation", as used in Subsection 58-40-102(6)(b)(viii), means a comprehensive management plan that outlines recreational therapy services that, at a minimum, includes:

(a) vision and mission statement;

(b) policy and procedures;

(c) assessment protocol;

(d) treatment and/or intervention plan;

(e) scope of care; and

(f) personnel management.

([13]14) "Unprofessional conduct" is defined in Title 58, Chapters 1 and 40.

 

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

In accordance with Section 58-40-302, the experience requirements for licensure include:

(1) An MTRS is required to complete 4000 hours of paid experience, as required by Subsection 58-40-302(2)(b), which means an individual must either work as a TRS in Utah in a paid position practicing recreational therapy or work outside of Utah as a CTRS in a paid position practicing recreational therapy.

(2) A TRS is required to complete an approved practicum, as required by Subsection 58-40-302(3)(b), which means a practicum verified on the degree transcript.

(3) A TRT is required to complete an approved practicum, as required by Subsection 58-40-302(4)(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 [M]TRS or MTRS supervisor or consultant, that includes:

(a) a minimum of 20 hours of direct face to face supervision of programming, documentation and treatment intervention by the [M]TRS or MTRS supervisor or consultant;

(b) training in recreational therapy or therapeutic recreation process as defined in Subsection 58-40-102(5) and (6);

(c) interdisciplinary contact;

(d) administration contact; and

(e) community relations.

 

R156-40-302c. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-40-302(2)(c), (3)(c) and (4)(d), applicants for licensure shall pass the following examinations:

(1) Applicants for licensure as a[n M]TRS or MTRS shall pass the NCTRC certification examination as evidenced by a current NCTRC certification as an CTRS.

(2) Applicants for licensure as a TRT shall pass [both ]the Therapeutic Recreation Technician Theory Examination with a minimum score of 70%[ and the Therapeutic Recreation Technician Laws and Rules Exam with a minimum score of 75%].

(3) Applicants for licensure as a TRT who fail the Therapeutic Recreation Technician Theory Examination three consecutive times must repeat the educational coursework.

 

R156-40-302e. Qualifications for Supervision.

"Supervision of a therapeutic recreation technician", as used in Subsection 58-40-601(3)(a)(i), means that the [M]TRS or MTRS supervisor is employed full-time and onsite in the same hospital, clinic, or facility as the person being supervised and is responsible for:

(1) [providing on-site training, observation, direction and evaluation to include:

(a) reviewing the recreational therapy intervention to be performed by the TRT as defined by the treatment plan;

(b) demonstrating as evidenced by the signature of the MTRS or TRS in the patient chart review and evaluation of ongoing documentation;

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

(d) reviewing and evaluating adherence to the standards of the profession]providing "general supervision" as defined by Subsection R156-1-102(4)(c);

(2) ensuring that recreation therapy services are provided according to the Recreational Therapy Practice Act, standards of the profession, administrative and governing regulations;

(3) providing training, clinical guidance and evaluation; and

(4) demonstrating, as evidenced by the signature of the TRS or MTRS in the patient chart, review and evaluation of ongoing documentation.

 

R156-40-302f. Qualifications for Consultation.

"Consultation of a therapeutic recreation technician", as used in Subsection 58-40-601(3)(a)(ii) means that the MTRS consultant, contracted by the agency is responsible for:

(1) providing "general supervision" as defined in Subsection R156-1-102(4)(c);

(2) performing the assessment as described in Subsection 58-40-102(2)(a)(ii);

(3) prescribing, creating or modifying the treatment or intervention plans to be performed by the TRT as determined by the assessment;

(4) observing, evaluating and documenting that the recreation therapy services are being conducted according to administrative and governing regulations;

(5) observing, evaluating and documenting adherence to the standards of practice of the recreational therapy profession; and

(6) demonstrating adherence, as evidenced by the signature of the MTRS in the patient chart, reviews and evaluation of ongoing regulatory documentation.

 

R156-40-302[f]g. 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 a fee determined by the department under Section 63J-1-504;

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

(d) practice recreational therapy under the supervision of a Utah licensed TRS or MTRS as defined in Subsection R156-40-102(8).

(2) The temporary license shall be issued for a period not to exceed 120 days to allow the applicant to pass the NCTRC examination.

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

 

R156-40-502. Unprofessional Conduct.

Unprofessional conduct includes:

(1) failing to establish and maintain professional boundaries with a patient or former patient;

(2) exploiting a current and/or former patient for personal gain;

(3) failing as a[n M]TRS/MTRS to ensure the student TRT completes the minimum required education and experience prior to working with patients;

(4) failing as a[n M]TRS/MTRS to ensure the student TRT is competent to provide recreational therapy services when signing the education and experience verification; and

(5) failing to abide by the provisions of the American Therapeutic Recreation Association (ATRA) Code of Ethics, November 2009, which is incorporated by reference.

 

KEY: licensing, recreational therapy, recreation therapy

Date of Enactment or Last Substantive Amendment: [November 26, 2012]2014

Notice of Continuation: August 15, 2011

Authorizing, and Implemented or Interpreted Law: 58-40-101; 58-1-106(1)(a); 58-1-202(1)(a)