No. 32071 (Amendment): R156-40. Recreational Therapy Practice Act Rules

DAR File No.: 32071
Filed: 10/20/2008, 04:44
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Recreational Therapy Board are proposing amendments to the rule to clarify the timing requirements for licensure as a Therapeutic Recreation Technician (TRT).

Summary of the rule or change:

Throughout the rule, the term "rules" has been replaced with "rule" where applicable. Section R156-40-302d is added to clarify time limitations for TRT applicants. A TRT is required to complete a 90-hour education course and a 125-hour practicum. Currently applicants are unclear as to the expectation that after they complete their education and practicum that they should pass a theory examination and apply for licensure. Remaining sections have been renumbered.

State statutory or constitutional authorization for this rule:

Section 58-40-1 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to reprint 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 do not apply to local governments. Therefore, no costs or savings are anticipated to local governments. The proposed amendments only apply to applicants for licensure as a TRT.

small businesses and persons other than businesses:

The proposed amendments only apply to applicants for licensure as a TRT to clarify the timing of licensing requirements. Small businesses may only be affected if they employ a TRT. The Division however anticipates no significant costs or savings as a result of the proposed amendments either to small businesses or applicants for licensure as a TRT. The only time an additional cost would be involved for a TRT applicant would be if they had not applied for licensure within two years after completion of the education course; then the applicant would be required to again complete the education and practicum and pass the examination prior to applying for licensure. Costs involved in retaking the education, practicum and examination could cost approximately $500-$700 per applicant. However, the Division is not able to determine how many, if any, applicants would not apply for licensure within the two-year time frame.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a TRT to clarify the timing of licensing requirements. The Division however anticipates no significant costs or savings as a result of the proposed amendments to applicants for licensure as a TRT. The only time an additional cost would be involved for a TRT applicant would be if they had not applied for licensure within two years after completion of the education course; then the applicant would be required to again complete the education and practicum and pass the examination prior to applying for licensure. Costs involved in retaking the education, practicum and examination could cost approximately $500-$700 per applicant. However, the Division is not able to determine how many, if any, applicants would not apply for licensure within the two-year time frame.

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

No fiscal impact to businesses is anticipated with this rule filing which clarifies the timing of various licensure requirements relating to therapeutic recreation technicians. 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:

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]

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:

12/15/2008

Interested persons may attend a public hearing regarding this rule:

12/02/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 464 (fourth floor), Salt Lake City, UT

This rule may become effective on:

12/22/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-40. Recreational Therapy Practice Act Rule[s].

R156-40-101. Title.

Th[ese]is rule[s are] is known as the "Recreational Therapy Practice Act Rule[s]".

 

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 th[ese]is rule[s]:

(1) "Approved graduate degree in recreation therapy or a graduate degree with an approved emphasis in recreation therapy", as used in Subsection 58-40-5(1)(a)(i), means an earned graduate degree which includes a minimum of nine semester hours or 12 quarter hours of upper division or graduate level course work in recreation therapy.

(2) "CTRS" means a person certified as a Certified Therapeutic Recreation Specialist by the National Council for Therapeutic Recreation Certification.

(3) "Full-time, on-site", as used in Subsections 58-40-5(3)(c), 58-40-6(3)(a)(i) and (3)(b)(i), means an individual who is employed on the premises with the hiring agency for a minimum of 30 hours per week.

(4) "Maintain the on-going documentation", as used in Subsection 58-40-6(3)(b), means:

(a) collecting data for the assessment process;

(b) documenting the on-going treatment or intervention provided to clients according to the treatment plan; and

(c) providing periodic review of client status according to agency regulations.

(5) "MTRS" means a person licensed as a master therapeutic recreation specialist.

(6) "NCTRC" means the National Council for Therapeutic Recreation Certification.

(7) "Supervision", as used in Subsections 58-40-5(3)(c), 58-40-6(1)(a), (2)(b), (3)(a)(i) and (3)(b)(i), means full-time, on-site oversight by a MTRS or TRS of the recreation therapy services offered.

(8) "Supervision of a temporary TRS", as used in Subsection R156-40-302e(d), means that the MTRS or TRS supervisor is responsible for the recreation therapy activities performed by the temporary TRS and will review and approve the treatment plans as well as any modifications to the treatment plans as evidenced by the signature of the MTRS or TRS in the treatment plan.

(9) "TRS" means a person licensed as a therapeutic recreation specialist.

(10) "TRT" means a person licensed as a therapeutic recreation technician.

(11) "Unprofessional conduct" is defined in Title 58, Chapters 1 and 40.

 

R156-40-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 40.

 

R156-40-302d. Time Limitation for TRT applicants.

(1) In accordance with Subsection 58-40-5(3) and Sections R156-40-302a, R156-40-302b and R156-40-302c, a TRT applicant shall pass the examination and apply for licensure after completion of the 125 practicum hours required under Subsection R156-40-302b(3) and must do within the same nine month period referred to in that Subsection.

(2) A TRT applicant who does not complete the education, practicum and examination within nine months is not eligible to be employed as a TRT in a therapeutic recreation department.

(3) A TRT student who does not seek licensure within two years after completion of the education course shall retake the education, practicum and pass the examination prior to applying for licensure.

 

R156-40-302[d]e. Qualifications for Supervision.

"Supervision of a therapeutic recreation technician", as used in Subsection 58-40-6(3)(a)(i) and (3)(b)(i), means that the MTRS or TRS supervisor is responsible for:

(1) providing on-site training, observation, direction and evaluation, as defined in Subsection 58-40-2(4)(b), to include:

(a) reviewing the recreation therapy intervention performed by the TRT as defined by the treatment plan;

(b) demonstrating periodic review and evaluation of ongoing documentation;

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

(d) reviewing and evaluating adherence to the standards of the profession.

 

R156-40-302[e]f. 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-1-303;

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

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

(2) The temporary license will not be issued for a period greater than ten months.

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

 

KEY: licensing, recreational therapy, recreation therapy

Date of Enactment or Last Substantive Amendment: [September 14, 2006]2008

Notice of Continuation: September 19, 2006

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