DAR File No. 39859

Commerce, Occupational and Professional Licensing

Rule R156-40

Recreational Therapy Practice Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39859
Filed: 10/26/2015 03:32:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2015 General Session, H.B. 209 was passed requiring a therapeutic recreation technician applicant to complete two hours of suicide prevention training prior to licensure. H.B. 209 also requires that all individuals licensed under Title 58, Chapter 40, take at least two hours of continuing education training in suicide prevention. This proposed rule filing outlines the requirements of the training as required by statutory language.

Summary of the rule or change:

Subsection R156-40-302a(3)(b) is being added to outline the standards of the suicide prevention training that a therapeutic recreation technician applicant must meet prior to licensure. In Subsection R156-40-304(1), the proposed amendment is made to indicate that the 20 hours of qualified continuing education shall include two hours of suicide prevention training. Subsection R156-40-304(4) is added to outline the continuing education standards that the required suicide prevention training shall meet. The remaining subsections are renumbered.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 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 apply only to those required to be licensed under Title 58, Chapter 40, and applicants for licensure as therapeutic recreation technicians. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to those required to be licensed under Title 58, Chapter 40, and applicants for licensure as therapeutic recreation technicians. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. Also the Division does not anticipate any additional costs as a result of these proposed amendments beyond the costs considered in the passing of H.B. 209 (2015).

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

The proposed amendments apply only to those required to be licensed under Title 58, Chapter 40, and applicants for licensure as therapeutic recreation technicians. The Division does not anticipate any additional costs as a result of these proposed amendments beyond the costs considered in the passing of H.B. 209 (2015).

Compliance costs for affected persons:

The proposed amendments apply only to those required to be licensed under Title 58, Chapter 40, and applicants for licensure as therapeutic recreation technicians. The Division does not anticipate any additional costs as a result of these proposed amendments beyond the costs considered in the passing of H.B. 209 (2015).

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

As stated in the rule analysis, this filing describes standards for suicide prevention training that a therapeutic recreation technician must meet prior to licensure, as well as requirements for suicide prevention training continuing education requirements after licensure. This filing could impact businesses that employ master therapeutic recreation specialists, therapeutic recreation specialists and therapeutic recreation technicians. This filing imposes a new continuing education requirement on these licensees, which in some cases, is paid for by the employer. It is expected that these costs would 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:

• Dane Ishihara at the above address, by phone at 801-530-7632, by FAX at 801-530-6511, or by Internet E-mail at dishihara@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:

12/15/2015

This rule may become effective on:

12/22/2015

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-40. Recreational Therapy Practice Act Rule.

R156-40-302a. Qualifications for Licensure - Education Requirements.

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

(1) An MTRS applicant shall:

(a) complete an approved graduate degree as defined in R156-40-102(1);

(b) have a current NCTRC certification as a CTRS or a current license as a TRS; and

(c) document completion of the education and 4000 hours of paid experience while nationally certified as a CTRS or licensed as a TRS.

(2) A TRS applicant shall:

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

(b) document completion of the education and practicum requirements for licensure as a TRS on an official university transcript.

(3) A TRT applicant shall:

(a) have an approved educational course in therapeutic recreation taught by an MTRS, as required by Subsection 58-40-302(4)(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 recreational 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, gerontology, 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[.]; and

(b) complete a two-hour pre-licensure course, as required by Subsection 58-40-302(4)(e), which shall meet the requirements of this Subsection.

(i) The course provider shall be one of the following:

(A) a recognized accredited college or university;

(B) a county, state, or federal agency; or

(C) a professional association, society or organization representing a licensed profession.

(ii) The content of the course shall be relevant to recreational therapy and include one or more of the following subject areas:

(A) suicide concepts and facts;

(B) suicide risk assessment, crisis intervention, and first aid;

(C) evidence-based intervention for suicide risk;

(D) continuity of care and follow-up services for suicide risk; or

(E) therapeutic alliances for intervention in suicide risk.

(iii) Each hour of education shall consist of 50 minutes of education in the form of classroom lectures and discussion, workshops, webinars, online self-paced modules, case study review, or simulations.

(iv) A course provider shall document and verify attendance and completion.

(v) An applicant for licensure is responsible for submitting evidence of course completion to the Division as a prerequisite for licensure.

 

R156-40-304. Continuing Education.

In accordance with Section 58-40-304, qualified continuing education requirements are established as follows:

(1) All licensed MTRS, TRS, and TRT's shall complete 20 hours of qualified continuing education including two hours of suicide prevention training that meets the requirements of this section[or provide a current CTRS certification during each two-year period of licensure].

(2) Qualified continuing education hours for licensees who have not been licensed for the entire two-year period will be prorated from the date of licensure.

(3) Continuing education under this section shall:

(a) be relevant to the licensee's professional practice;

(b) be prepared and presented by individuals who are qualified by education, training and experience to provide recreational therapy continuing education; and

(c) have a method of verification of attendance and completion.

(4) The suicide prevention training shall include one or more of the following subject areas:

(a) suicide concepts and facts;

(b) suicide risk assessment, crisis intervention, and first aid;

(c) evidence-based intervention for suicide risk;

(d) continuity of care and follow-up services for suicide risk; or

(e) therapeutic alliances for intervention in suicide risk.

([4]5) Credit for continuing education shall be recognized in accordance with the following:

(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than 50 minutes in formally established classroom courses, seminars, lectures, conferences or training sessions which meet the criteria listed in Subsection (3) above, and which are approved by, conducted by, or under the sponsorship of:

(i) the Division of Occupational and Professional Licensing;

(ii) recognized universities and colleges; or

(iii) professional associations, societies and organizations representing a licensed profession whose program objectives relate to the practice of recreational therapy;

(b) a maximum of ten hours per two-year period may be recognized for teaching continuing education courses relevant to recreational therapy;

(c) a maximum of 12 hours per two-year period may be recognized for continuing education that is provided via the internet and/or webinar which provides a certificate of completion;

(d) a maximum of six hours per two-year period may be recognized for continuing education provided by the Division of Occupational and Professional Licensing;

(e) a maximum of four hours per two-year period may be recognized for CPR and first aid certification through a live course, not online; and

(f) a maximum of six hours per two-year period may be recognized for publications in an article, journal, newsletter or other professional publications.

([5]6) If properly documented that a licensee is subject to circumstances which prevent that licensee from meeting the continuing education requirements established under this section, the licensee may be excused from the requirement for a period of up to three years. However it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.

([6]7) A licensee shall be responsible for maintaining competent records of completed qualified continuing education for a period of six years and if requested, demonstrate the licensee meets requirements under this section.

 

KEY: licensing, recreational therapy, recreation therapy

Date of Enactment or Last Substantive Amendment: [July 8, 2014]2015

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)