Bill Text: NY S04561 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the licensure of therapeutic recreation specialists; defines terms; provides that "therapeutic therapy" or "therapeutic recreation" means a treatment service designed to restore, remediate, and rehabilitate a person's level of functioning and independence in life activities, to promote health and wellness as well as reduce or eliminate the activity limitations and restrictions to participate in life situations caused by an illness or disabling condition; outlines methods for revocation of license; authorizes reciprocity with other states.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HIGHER EDUCATION [S04561 Detail]
Download: New_York-2011-S04561-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4561 2011-2012 Regular Sessions I N S E N A T E April 12, 2011 ___________ 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 the licensure of ther- apeutic recreation specialists; and to amend chapter 676 of the laws of 2002, amending the education law and the social services law relat- ing to licensing mental health practitioners, in relation to prevent- ing prohibitions or limitations on the activities or services of certain persons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The education law is amended by adding a new article 156-A 2 to read as follows: 3 ARTICLE 156-A 4 THERAPEUTIC RECREATION SPECIALISTS 5 SECTION 7950. DEFINITIONS. 6 7951. EVALUATION AND TREATMENT AUTHORIZATION. 7 7952. PROHIBITION ON UNAUTHORIZED PRACTICE; PROFESSIONAL IDEN- 8 TIFICATION. 9 7953. COERCION PROHIBITED. 10 7954. ELIGIBILITY FOR LICENSURE. 11 7955. RENEWAL OF LICENSE. 12 7956. REVOCATION, SUSPENSION, OR DENIAL OF LICENSURE. 13 7957. RECIPROCITY. 14 S 7950. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING 15 TERMS SHALL HAVE THE FOLLOWING MEANINGS: 16 1. "BOARD" MEANS NEW YORK STATE THERAPEUTIC RECREATION LICENSURE 17 BOARD. 18 2. "THERAPEUTIC RECREATION SPECIALIST" MEANS A PERSON CURRENTLY 19 LICENSED TO PRACTICE RECREATIONAL THERAPY IN THE STATE OF NEW YORK. 20 3. "RECREATIONAL THERAPY" OR "THERAPEUTIC RECREATION" MEANS A TREAT- 21 MENT SERVICE DESIGNED TO RESTORE, REMEDIATE, AND REHABILITATE A PERSON'S EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03917-02-1 S. 4561 2 1 LEVEL OF FUNCTIONING AND INDEPENDENCE IN LIFE ACTIVITIES, TO PROMOTE 2 HEALTH AND WELLNESS AS WELL AS REDUCE OR ELIMINATE THE ACTIVITY LIMITA- 3 TIONS AND RESTRICTIONS TO PARTICIPATE IN LIFE SITUATIONS CAUSED BY AN 4 ILLNESS OR DISABLING CONDITION. 5 (A) FOR PURPOSES OF ACCOMPLISHING THERAPEUTIC RECREATION GOALS, RECRE- 6 ATIONAL THERAPY MAY INCLUDE, BUT NOT BE LIMITED TO: 7 (I) REMEDIATION OR RESTORATION OF AN INDIVIDUAL'S PARTICIPATION LEVELS 8 THAT ARE LIMITED DUE TO IMPAIRMENT IN PHYSICAL, COGNITIVE, SOCIAL, OR 9 EMOTIONAL ABILITIES; 10 (II) ANALYZING AND EVALUATING RECREATIONAL AND PSYCHOSOCIAL ACTIVITIES 11 TO DETERMINE THE PHYSICAL, SOCIAL, EMOTIONAL AND COGNITIVE AND PROGRAM- 12 MATIC ELEMENTS NECESSARY FOR INVOLVEMENT AND MODIFYING THOSE ELEMENTS TO 13 PROMOTE FULL PARTICIPATION AND MAXIMIZATION OF FUNCTIONAL INDEPENDENCE; 14 (III) USING RECREATIONAL MODALITIES IN DESIGNED INTERVENTION STRATE- 15 GIES TO MAXIMIZE PHYSICAL, COGNITIVE, SOCIAL, OR EMOTIONAL ABILITIES; 16 (IV) INCORPORATING THE INDIVIDUAL'S INTERESTS AND THE INDIVIDUAL'S 17 FAMILY AND COMMUNITY TO MAXIMIZE RELEVANCE TO THE INDIVIDUAL'S GOALS; 18 (V) PROMOTING THE CONCEPT OF HEALTHY LIVING INTO TREATMENT STRATEGIES 19 TO DECREASE THE POTENTIAL FOR SECONDARY CONDITIONS; 20 (VI) DEVELOPING COMMUNITY SUPPORT AND ENCOURAGING ATTITUDINAL CHANGES 21 TO REFLECT DIGNITY, SELF RESPECT, AND INVOLVEMENT WITHIN ONE'S COMMUNI- 22 TY; AND 23 (VII) FOSTERING PEER AND INTERGENERATIONAL RELATIONSHIPS. 24 (B) THERAPEUTIC RECREATION SERVICES INCLUDE, BUT ARE NOT LIMITED TO: 25 (I) CONDUCTING AN INDIVIDUALIZED ASSESSMENT FOR THE PURPOSE OF 26 COLLECTING SYSTEMATIC, COMPREHENSIVE, AND ACCURATE DATA NECESSARY TO 27 DETERMINE THE COURSE OF ACTION AND SUBSEQUENT INDIVIDUALIZED TREATMENT 28 PLAN; 29 (II) PLANNING AND DEVELOPING THE INDIVIDUALIZED PLAN THAT IDENTIFIES 30 AN INDIVIDUAL'S GOALS, OBJECTIVES, AND TREATMENT INTERVENTION STRATE- 31 GIES; 32 (III) IMPLEMENTING THE INDIVIDUALIZED PLAN THAT IS CONSISTENT WITH THE 33 OVERALL TREATMENT PROGRAM; 34 (IV) SYSTEMATICALLY EVALUATING AND COMPARING THE INDIVIDUAL'S RESPONSE 35 TO THE INDIVIDUALIZED PLAN AND SUGGESTING MODIFICATIONS AS APPROPRIATE; 36 (V) DEVELOPING A DISCHARGE PLAN IN COLLABORATION WITH THE INDIVIDUAL, 37 THE INDIVIDUAL'S FAMILY, AND OTHER TREATMENT TEAM MEMBERS; 38 (VI) IDENTIFYING, DESIGNING, FABRICATING, APPLYING, OR TRAINING IN THE 39 USE OF ADAPTIVE RECREATIONAL EQUIPMENT; 40 (VII) IDENTIFYING, APPLYING, AND EVALUATING THE USE OF NON-INVASIVE 41 AND NON-PHARMACOLOGICAL APPROACHES TO REDUCE OR ALLEVIATE PAIN OR MANAGE 42 PAIN TO MINIMIZE ITS IMPACT UPON PARTICIPATION; 43 (VIII) IDENTIFYING, PROVIDING, AND EDUCATING INDIVIDUALS TO USE 44 RESOURCES THAT SUPPORT A HEALTHY, ACTIVE AND ENGAGED LIFE; 45 (IX) MINIMIZE THE IMPACT OF ENVIRONMENTAL CONSTRAINTS AS A BARRIER TO 46 PARTICIPATION; 47 (X) COLLABORATING WITH AND EDUCATING THE INDIVIDUAL, FAMILY, CAREGIV- 48 ER, AND OTHERS TO FOSTER AN ENVIRONMENT THAT IS RESPONSIVE TO THE NEEDS 49 OF THE INDIVIDUAL; AND 50 (XI) CONSULTING WITH GROUPS, PROGRAMS, ORGANIZATIONS, OR COMMUNITIES 51 TO IMPROVE PHYSICAL, SOCIAL, AND PROGRAMMATIC ACCESSIBILITY. 52 S 7951. EVALUATION AND TREATMENT AUTHORIZATION. 1. CONSULTATION AND 53 EVALUATION BY A THERAPEUTIC RECREATION SPECIALIST MAY BE PERFORMED WITH- 54 OUT REFERRAL. INITIATION OF THERAPEUTIC RECREATION SERVICES TO INDIVID- 55 UALS WITH MEDICALLY-RELATED CONDITIONS SHALL BE BASED ON A REFERRAL FROM 56 ANY QUALIFIED HEALTH CARE PROFESSIONAL THAT, WITHIN THE SCOPE OF THE S. 4561 3 1 PROFESSIONAL'S LICENSURE, IS AUTHORIZED TO REFER FOR HEALTH CARE 2 SERVICES. 3 2. PREVENTION, WELLNESS, EDUCATION, ADAPTIVE SPORTS AND RECREATION, 4 AND RELATED SERVICES SHALL NOT REQUIRE A REFERRAL. 5 S 7952. PROHIBITION ON UNAUTHORIZED PRACTICE; PROFESSIONAL IDENTIFICA- 6 TION. 1. NO PERSON SHALL PRACTICE OR HOLD ONESELF OUT AS BEING ABLE TO 7 PRACTICE THERAPEUTIC RECREATION OR PROVIDE RECREATIONAL THERAPY SERVICES 8 IN THIS STATE UNLESS THE PERSON IS LICENSED UNDER THIS ARTICLE. NOTHING 9 IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT STUDENTS ENROLLED IN 10 BOARD-APPROVED SCHOOLS OR COURSES IN THERAPEUTIC RECREATION FROM 11 PERFORMING THERAPEUTIC RECREATION THAT IS INCIDENTAL TO THEIR RESPECTIVE 12 COURSES OF STUDY OR SUPERVISED WORK. THE BOARD SHALL ADOPT RULES RELA- 13 TIVE TO SCHOOLS OR COURSES ALLOWING STUDENTS TO PRACTICE UNDER THIS 14 SUBDIVISION. 15 2. LICENSED THERAPEUTIC RECREATION SPECIALISTS MAY USE THE LETTERS 16 TRS/L AND "CTRS/L" IN CONNECTION WITH THEIR NAME OR PLACE OF BUSINESS. 17 3. A PERSON OR BUSINESS ENTITY, ITS EMPLOYEES, AGENTS, OR REPRESEN- 18 TATIVES SHALL NOT USE IN CONJUNCTION WITH THAT PERSON'S NAME OR THE 19 ACTIVITY OF THE BUSINESS THE WORDS THERAPEUTIC RECREATION SPECIALIST, 20 THERAPEUTIC RECREATION, RECREATIONAL THERAPY, RECREATIONAL THERAPIST, 21 RECREATION THERAPY, RECREATION THERAPIST, CERTIFIED THERAPEUTIC RECRE- 22 ATION SPECIALIST, THE LETTERS "TR", "RT", "TRS","CTRS", "CTRS/L" OR ANY 23 OTHER WORDS, ABBREVIATIONS, OR INSIGNIA INDICATING OR IMPLYING DIRECTLY 24 OR INDIRECTLY THAT THERAPEUTIC RECREATION IS PROVIDED OR SUPPLIED, 25 INCLUDING THE BILLING OF SERVICES LABELED AS THERAPEUTIC RECREATION OR 26 RECREATIONAL THERAPY, UNLESS SUCH SERVICES ARE PROVIDED UNDER THE DIREC- 27 TION OF A THERAPEUTIC RECREATION SPECIALIST/RECREATIONAL THERAPIST 28 LICENSED PURSUANT TO THIS ARTICLE. A PERSON OR ENTITY THAT VIOLATES THIS 29 SUBDIVISION IS GUILTY OF A VIOLATION FOR THE FIRST OFFENSE AND GUILTY OF 30 A MISDEMEANOR FOR ANY SUBSEQUENT OFFENSE. 31 S 7953. COERCION PROHIBITED. NO PERSON SHALL COERCE A LICENSED THERA- 32 PEUTIC RECREATION SPECIALIST INTO COMPROMISING CLIENT SAFETY BY REQUIR- 33 ING THE LICENSED THERAPEUTIC RECREATION SPECIALIST TO DELEGATE ACTIV- 34 ITIES OR TASKS IF THE LICENSED THERAPEUTIC RECREATION SPECIALIST 35 DETERMINES THAT IT IS INAPPROPRIATE TO DO SO. LICENSED THERAPEUTIC 36 RECREATION SPECIALISTS SHALL NOT BE SUBJECT TO DISCIPLINARY ACTION BY 37 THE BOARD FOR REFUSING TO DELEGATE ACTIVITIES OR TASKS OR REFUSING TO 38 PROVIDE THE REQUIRED TRAINING FOR DELEGATION IF THE LICENSED THERAPEUTIC 39 RECREATION SPECIALIST DETERMINES THAT THE DELEGATION MAY COMPROMISE 40 CLIENT SAFETY. 41 S 7954. ELIGIBILITY FOR LICENSURE. 1. AN APPLICANT SHALL POSSESS THE 42 FOLLOWING QUALIFICATIONS TO BE LICENSED: 43 (A) BE AT LEAST EIGHTEEN YEARS OF AGE; 44 (B) BE OF GOOD MORAL CHARACTER; 45 (C) SUCCESSFULLY COMPLETE A DEGREE FROM AN ACCREDITED COLLEGE OR 46 UNIVERSITY IN ACCORDANCE WITH THE REQUIREMENTS OF A NATIONAL CERTIFYING 47 BODY SUCH AS THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIF- 48 ICATION (NCTRC) AS DETERMINED BY THE NYS-TR LICENSURE BOARD. 49 (D) HOLD A CURRENT CERTIFICATION BY A NATIONAL CERTIFYING BODY SUCH AS 50 THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION (NCTRC) AS 51 DETERMINED BY THE NYS-TR LICENSURE BOARD. 52 2. THE BOARD MAY, UPON NOTICE AND OPPORTUNITY FOR A HEARING, DENY AN 53 APPLICATION FOR REINSTATEMENT OF A LICENSE OR REINSTATE THE LICENSE WITH 54 CONDITIONS. CONDITIONS IMPOSED MAY INCLUDE A REQUIREMENT FOR CONTINUING 55 EDUCATION, PRACTICE UNDER THE SUPERVISION OF A LICENSED THERAPEUTIC S. 4561 4 1 RECREATION SPECIALIST, OR ANY OTHER CONDITIONS SET FORTH IN THIS ARTI- 2 CLE. 3 3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE BOARD MAY 4 GRANT LICENSES TO APPLICANTS WHO WERE CERTIFIED BY NCTRC PRIOR TO THE 5 EFFECTIVE DATE OF THIS ARTICLE AND WHO HOLD AN ACTIVE CTRS CREDENTIAL. 6 S 7955. RENEWAL OF LICENSE. 1. PERSONS LICENSED AS THERAPEUTIC RECRE- 7 ATION SPECIALISTS ARE ELIGIBLE FOR RENEWAL OF THEIR LICENSES IF SUCH 8 PERSONS: 9 (A) HAVE NOT VIOLATED THIS ARTICLE OR DEMONSTRATED POOR MORAL CHARAC- 10 TER; 11 (B) MEET CONTINUING COMPETENCY REQUIREMENTS APPROVED BY THE BOARD AND 12 OTHER REQUIREMENTS ESTABLISHED BY THE BOARD RULES ADOPTED PURSUANT TO 13 THIS ARTICLE; AND 14 (C) HOLD A CURRENT CERTIFICATION BY A NATIONAL CERTIFYING BODY SUCH AS 15 THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION AS DETER- 16 MINED BY THE NYS-TR LICENSURE BOARD. 17 2. THE BOARD SHALL ACCEPT CONTINUING EDUCATION PROGRAMS THAT MEET THE 18 RECERTIFICATION STANDARDS OF THE NATIONAL COUNCIL FOR THERAPEUTIC RECRE- 19 ATION CERTIFICATION. 20 S 7956. REVOCATION, SUSPENSION, OR DENIAL OF LICENSURE. 1. THE BOARD 21 MAY REQUIRE REMEDIAL EDUCATION, ISSUE A LETTER OF REPRIMAND, RESTRICT, 22 REVOKE, OR SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE OR DENY 23 ANY APPLICATION FOR LICENSURE IF THE BOARD DETERMINES THAT THE LICENSEE 24 OR APPLICANT HAS DONE ANY OF THE FOLLOWING: 25 (A) ALLOWED NATIONAL CERTIFICATION TO EXPIRE; 26 (B) GIVEN FALSE INFORMATION OR WITHHELD MATERIAL INFORMATION FROM THE 27 BOARD IN PROCURING OR ATTEMPTING TO PROCURE A LICENSE PURSUANT TO THIS 28 ARTICLE; 29 (C) BEEN CONVICTED OF, OR PLEADED GUILTY OR NOLO CONTENDERE TO, ANY 30 CRIME THAT INDICATES THAT THE PERSON IS UNFIT OR INCOMPETENT TO BE 31 LICENSED PURSUANT TO THIS ARTICLE; 32 (D) IS UNABLE TO PERFORM THE FUNCTIONS FOR WHICH A LICENSE HAS BEEN 33 ISSUED DUE TO IMPAIRMENT OF MENTAL OR PHYSICAL FACULTIES; 34 (E) ENGAGED IN CONDUCT THAT ENDANGERS THE PUBLIC HEALTH; 35 (F) IS UNFIT OR INCOMPETENT TO BE LICENSED PURSUANT TO THIS ARTICLE BY 36 REASON OF DELIBERATE OR NEGLIGENT ACTS OR OMISSIONS REGARDLESS OF WHETH- 37 ER ACTIVE INJURY TO THE PATIENT OR CLIENT IS ESTABLISHED; 38 (G) ENGAGES IN CONDUCT THAT DECEIVES, DEFRAUDS, OR HARMS THE PUBLIC IN 39 THE COURSE OF CLAIMING LICENSED STATUS OR PRACTICING THERAPEUTIC 40 RECREATION/RECREATIONAL THERAPY; 41 (H) WILLFULLY VIOLATED ANY PROVISION OF THIS ARTICLE, RULES, OR CODE 42 OF ETHICS ENACTED BY THE BOARD; OR 43 (I) AIDED, ABETTED, OR ASSISTED ANY PERSON IN VIOLATING THE PROVISIONS 44 OF THIS ARTICLE. 45 2. THE BOARD MAY REINSTATE A REVOKED LICENSE OR REMOVE LICENSURE 46 RESTRICTIONS WHEN IT FINDS THAT THE REASONS FOR REVOCATION OR 47 RESTRICTION NO LONGER EXIST AND THAT THE PERSON CAN REASONABLY BE 48 EXPECTED TO SAFELY AND PROPERLY PRACTICE RECREATIONAL THERAPY. 49 S 7957. RECIPROCITY. THE BOARD MAY GRANT A LICENSE TO ANY PERSON WHO, 50 AT THE TIME OF APPLICATION, IS LICENSED AS A RECREATIONAL THERAPIST OR 51 THERAPEUTIC RECREATION SPECIALIST BY A SIMILAR BOARD OF ANOTHER COUNTRY, 52 STATE, OR TERRITORY WHOSE LICENSING STANDARDS ARE SUBSTANTIALLY EQUIV- 53 ALENT TO OR HIGHER THAN THOSE REQUIRED BY THIS ARTICLE. THE BOARD SHALL 54 DETERMINE THE SUBSTANTIAL EQUIVALENCE UPON WHICH RECIPROCITY IS BASED. 55 S 2. Paragraph a of section 17-a of chapter 676 of the laws of 2002, 56 amending the education law and the social services law relating to S. 4561 5 1 licensing mental health practitioners, as amended by chapter 130 of the 2 laws of 2010, is amended to read as follows: 3 a. In relation to activities and services provided under article 153 4 of the education law, nothing in this act shall prohibit or limit such 5 activities or services on the part of any person in the employ of a 6 program or service operated, regulated, funded, or approved by the 7 department of mental hygiene or the office of children and family 8 services, or a local governmental unit as that term is defined in arti- 9 cle 41 of the mental hygiene law or a social services district as 10 defined in section 61 of the social services law OR A THERAPEUTIC RECRE- 11 ATION SPECIALIST AS DEFINED IN ARTICLE 156-A OF THE EDUCATION LAW. In 12 relation to activities and services provided under article 163 of the 13 education law, nothing in this act shall prohibit or limit such activ- 14 ities or services on the part of any person in the employ of a program 15 or service operated, regulated, funded, or approved by the department of 16 mental hygiene, the office of children and family services, the depart- 17 ment of correctional services, the state office for the aging and the 18 department of health or a local governmental unit as that term is 19 defined in article 41 of the mental hygiene law or a social services 20 district as defined in section 61 of the social services law, pursuant 21 to authority granted by law. This section shall not authorize the use of 22 any title authorized pursuant to article 153, 156-A or 163 of the educa- 23 tion law by any such employed person, except as otherwise provided by 24 such articles respectively. 25 S 3. This act shall take effect on the first of January next succeed- 26 ing the date on which it shall have become a law; provided, however, 27 that the amendments made to subdivision a of section 17-a of chapter 676 28 of the laws of 2002 by section two of this act shall not affect the 29 repeal of such section and shall be deemed repealed therewith; provided 30 further that the department of education is authorized to promulgate any 31 and all rules and regulations and take any other measures necessary to 32 implement the provisions of this act on or before the effective date.