Senate File 115 - Introduced





                                       SENATE FILE       
                                       BY  DVORSKY


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a recreational therapy board, requiring the
  2    licensure of recreational therapists, and providing for fees
  3    and penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2088XS 83
  6 jr/rj/5

PAG LIN



  1  1    Section 1.  Section 147.1, subsections 3 and 6, Code 2009,
  1  2 are amended to read as follows:
  1  3    3.  "Licensed" or "certified", when applied to a physician
  1  4 and surgeon, podiatric physician, osteopathic physician and
  1  5 surgeon, physician assistant, psychologist, chiropractor,
  1  6 nurse, dentist, dental hygienist, dental assistant,
  1  7 optometrist, speech pathologist, audiologist, pharmacist,
  1  8 physical therapist, physical therapist assistant, occupational
  1  9 therapist, occupational therapy assistant, recreational
  1 10 therapist, respiratory care practitioner, practitioner of
  1 11 cosmetology arts and sciences, practitioner of barbering,
  1 12 funeral director, dietitian, marital and family therapist,
  1 13 mental health counselor, social worker, massage therapist,
  1 14 athletic trainer, acupuncturist, nursing home administrator,
  1 15 hearing aid dispenser, or sign language interpreter or
  1 16 transliterator means a person licensed under this subtitle.
  1 17    6.  "Profession" means medicine and surgery, podiatry,
  1 18 osteopathic medicine and surgery, practice as a physician
  1 19 assistant, psychology, chiropractic, nursing, dentistry,
  1 20 dental hygiene, dental assisting, optometry, speech pathology,
  1 21 audiology, pharmacy, physical therapy, physical therapist
  1 22 assisting, occupational therapy, occupational therapy
  1 23 assisting, recreational therapy, respiratory care, cosmetology
  1 24 arts and sciences, barbering, mortuary science, marital and
  1 25 family therapy, mental health counseling, social work,
  1 26 dietetics, massage therapy, athletic training, acupuncture,
  1 27 nursing home administration, hearing aid dispensing, or sign
  1 28 language interpreting or transliterating.
  1 29    Sec. 2.  Section 147.2, subsection 1, Code 2009, is amended
  1 30 to read as follows:
  1 31    1.  A person shall not engage in the practice of medicine
  1 32 and surgery, podiatry, osteopathic medicine and surgery,
  1 33 psychology, chiropractic, physical therapy, physical therapist
  1 34 assisting, nursing, dentistry, dental hygiene, dental
  1 35 assisting, optometry, speech pathology, audiology,
  2  1 occupational therapy, occupational therapy assisting,
  2  2 recreational therapy, respiratory care, pharmacy, cosmetology
  2  3 arts and sciences, barbering, social work, dietetics, marital
  2  4 and family therapy or mental health counseling, massage
  2  5 therapy, mortuary science, athletic training, acupuncture,
  2  6 nursing home administration, hearing aid dispensing, or sign
  2  7 language interpreting or transliterating, or shall not
  2  8 practice as a physician assistant, unless the person has
  2  9 obtained a license for that purpose from the board for the
  2 10 profession.
  2 11    Sec. 3.  Section 147.13, Code 2009, is amended by adding
  2 12 the following new subsection:
  2 13    NEW SUBSECTION.  24.  For recreational therapists, the
  2 14 board of recreational therapy.
  2 15    Sec. 4.  Section 147.14, subsection 1, Code 2009, is
  2 16 amended by adding the following new paragraph:
  2 17    NEW PARAGRAPH.  x.  For recreational therapy, three
  2 18 licensed recreational therapists who have engaged in the
  2 19 practice of recreational therapy or therapeutic recreation in
  2 20 Iowa for at least three years immediately preceding their
  2 21 appointment to the board and two members who are not licensed
  2 22 to practice recreational therapy and who shall represent the
  2 23 general public.
  2 24    Sec. 5.  Section 147.74, Code 2009, is amended by adding
  2 25 the following new subsection:
  2 26    NEW SUBSECTION.  9A.  A recreational therapist licensed
  2 27 under chapter 148F may use the words "recreational therapist"
  2 28 after the person's name or signify the same by the use of the
  2 29 letters "R. T." after the person's name.
  2 30    Sec. 6.  NEW SECTION.  148F.1  TITLE AND PURPOSE.
  2 31    This chapter may be cited and referred to as the
  2 32 "Recreational Therapy Practice Act".
  2 33    The purpose of this chapter is to provide for the
  2 34 regulation of persons offering recreational therapy services
  2 35 to the public in order to safeguard the public health, safety,
  3  1 and welfare.
  3  2    Sec. 7.  NEW SECTION.  148F.2  DEFINITIONS.
  3  3    As used in this chapter:
  3  4    1.  "Board" means the board of recreational therapy.
  3  5    2.  "Recreational therapy" means a treatment service
  3  6 designed to restore, remediate, or rehabilitate a patient's or
  3  7 client's level of functioning and independence in life
  3  8 activities, or to reduce or eliminate the life activity
  3  9 restrictions caused by an illness or disabling condition, with
  3 10 the primary purpose being to provide recreational resources
  3 11 and opportunities in order to improve health and well=being.
  3 12 "Recreational therapy" includes all direct patient or client
  3 13 services of assessment, planning, design, implementation,
  3 14 evaluation, and documentation of specific interventions,
  3 15 management, consultation, research, and education.
  3 16    3.  "Therapeutic recreation" means treatment services or
  3 17 recreational therapy services provided to persons with
  3 18 illnesses or disabling conditions.
  3 19    Sec. 8.  NEW SECTION.  148F.3  DUTIES OF THE BOARD.
  3 20    The board shall administer this chapter.  The board's
  3 21 duties shall include but are not limited to the following:
  3 22    1.  Adoption of rules to administer this chapter, chapter
  3 23 147, and chapter 272C with respect to the licensing of
  3 24 recreational therapists.
  3 25    2.  Adoption of rules relating to professional conduct and
  3 26 licensing and the establishment of ethical and professional
  3 27 standards of practice.
  3 28    3.  Adoption of rules relating to the process and knowledge
  3 29 base of recreational therapy as delineated in the national
  3 30 council for therapeutic recreation certification job analysis
  3 31 study, as adopted by the board in rule.  The rules shall adopt
  3 32 by reference the specific edition of the job analysis study
  3 33 which is to be followed.
  3 34    4.  Acting on matters concerning licensure and the process
  3 35 of applying for, granting, suspending, imposing supervisory or
  4  1 probationary conditions upon, reinstating, revoking, or
  4  2 renewing a license.
  4  3    5.  Establishing and collecting licensure fees as provided
  4  4 in section 147.80.
  4  5    6.  Developing continuing education requirements as a
  4  6 condition of license renewal.
  4  7    7.  Evaluating requirements for licensure in other states
  4  8 to determine if reciprocity may be granted.
  4  9    Sec. 9.  NEW SECTION.  148F.4  PERSONS AND PRACTICES NOT
  4 10 AFFECTED.
  4 11    This chapter does not prevent or restrict the practice,
  4 12 services, or activities of any of the following:
  4 13    1.  A person licensed in this state by any other law from
  4 14 engaging in the profession or occupation for which the person
  4 15 is licensed.
  4 16    2.  A person employed as a recreational therapist by the
  4 17 government of the United States if that person provides
  4 18 recreational therapy solely under the direction or control of
  4 19 the organization by which the person is employed.
  4 20    3.  A person pursuing a course of study leading to a degree
  4 21 or certificate in recreational therapy in an accredited or
  4 22 approved educational program, if the activities and services
  4 23 constitute a part of a supervised course of study and the
  4 24 person is designated by a title which clearly indicates the
  4 25 person's status as a student or trainee.
  4 26    Sec. 10.  NEW SECTION.  148F.5  REQUIREMENTS FOR LICENSURE
  4 27 == TEMPORARY LICENSE.
  4 28    1.  An applicant applying for a license as a recreational
  4 29 therapist must file a written application on forms provided by
  4 30 the board, showing to the satisfaction of the board that the
  4 31 applicant holds a current certification as a certified
  4 32 therapeutic recreation specialist by the national council for
  4 33 therapeutic recreation certification.
  4 34    2.  A person may qualify for a one=year, nonrenewable
  4 35 temporary license if the person is eligible to sit for the
  5  1 national council for therapeutic recreation certification
  5  2 examination.
  5  3    Sec. 11.  Section 272C.1, subsection 6, Code 2009, is
  5  4 amended by adding the following new paragraph:
  5  5    NEW PARAGRAPH.  af.  The board of recreational therapy,
  5  6 created pursuant to chapter 147.
  5  7    Sec. 12.  INITIAL BOARD.  The initial members of the board
  5  8 of recreational therapy shall be appointed to the following
  5  9 terms:
  5 10    1.  Two recreational therapist members eligible for
  5 11 licensure and one public member shall be appointed for a term
  5 12 of two years.
  5 13    2.  One recreational therapist member eligible for
  5 14 licensure and one public member shall be appointed for a term
  5 15 of one year.
  5 16                           EXPLANATION
  5 17    This bill creates new Code chapter 148F that requires the
  5 18 licensure of recreational therapists.  The bill provides for
  5 19 the establishment of a five=member recreational therapy board
  5 20 consisting of three members who are recreational therapists
  5 21 and two members who represent the general public.  The bill
  5 22 provides for fees to fund the board and provides penalties for
  5 23 violation of the practice requirement; those penalties are set
  5 24 out for all health=related boards in Code chapters 147 and
  5 25 272C.  The board is similar in composition and
  5 26 responsibilities to the other health=related licensing boards.
  5 27 LSB 2088XS 83
  5 28 jr/rj/5.1