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