No. 29059: R156-40. Recreational Therapy Practice Act Rules

DAR File No.: 29059
Filed: 09/19/2006, 09:18
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 40, provides for the licensure of master therapeutic recreational specialist, therapeutic recreational specialist, and therapeutic recreational technician. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-40-4(3) provides that the Board of Recreational Therapy's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the division director. This rule was enacted to clarify the provisions of Title 58, Chapter 40, with respect to the license classifications for recreational therapy.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was last reviewed in November 2001, it has been amended twice. In June 2006, amendments were filed with respect to definitions, education, experience, examination, and supervision requirements. A June 20, 2006, rule hearing was conducted. Following the end of the comment period, the Division filed a nonsubstantive rule filing on June 22, 2006, wherein minor nonsubstantive changes were made to incorporate verbal suggestions made during the June 20, 2006, rule hearing. In September 2006, the rule was again amended to delete the law/rule examination requirement for licensure. No written comments have been received by the Division with respect to this rule since it was last reviewed in November 2001.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 40, with respect to recreational therapy license classifications. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements.

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:

Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Authorized by:

J. Craig Jackson, Director