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PRINTER'S NO. 83
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
109
Session of
2017
INTRODUCED BY SABATINA, YUDICHAK AND HUTCHINSON,
JANUARY 13, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JANUARY 13, 2017
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; provided penalties;
and making repeals," further providing for definitions and
for State Board of Medicine; and providing for recreational
therapists.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 20, 1985
(P.L.457, No.112), known as the Medical Practice Act of 1985, is
amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Recreational therapist." An individual licensed to practice
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recreational therapy or therapeutic recreation.
"Recreational therapy." A service designed to treat an
individual affected by an illness or disabling condition in
order to accomplish any of the following:
(1) Restore, remediate or rehabilitate the individual's
level of functioning and independence in play, leisure,
recreation and community activities.
(2) Promote health and wellness through engagement in
play, leisure, recreation and community activities.
(3) Reduce or eliminate limitations and restrictions to
participation in play, leisure, recreation and community
activities.
* * *
Section 2. Section 3(a), (b) and (f) of the act are amended
to read:
Section 3. State Board of Medicine.
(a) Establishment.--The State Board of Medicine shall
consist of the commissioner or his designee, the Secretary of
Health or his designee, two members appointed by the Governor
who shall be persons representing the public at large and seven
members appointed by the Governor, six of whom shall be medical
doctors with unrestricted licenses to practice medicine and
surgery in this Commonwealth for five years immediately
preceding their appointment and one who shall be a nurse
midwife, physician assistant, certified registered nurse
practitioner, respiratory therapist, licensed athletic trainer
[or], perfusionist or recreational therapist licensed or
certified under the laws of this Commonwealth. All professional
and public members of the board shall be appointed by the
Governor, with the advice and consent of a majority of the
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members elected to the Senate.
(b) Terms of office.--The term of each professional and
public member of the board shall be four years or until his or
her successor has been appointed and qualified, but not longer
than six months beyond the four-year period. In the event that
any of said members shall die or resign or otherwise become
disqualified during his or her term, a successor shall be
appointed in the same way and with the same qualifications and
shall hold office for the unexpired term. No member shall be
eligible for appointment to serve more than two consecutive
terms. The Governor shall assure that nurse midwives, physician
assistants, certified registered nurse practitioners,
perfusionists [and], respiratory therapists, athletic trainers
and recreational therapist are appointed to four-year terms on a
rotating basis so that, of every four appointments to a four-
year term, one is a nurse midwife, one is a physician assistant,
one is a certified registered nurse practitioner and one is a
respiratory therapist.
* * *
[(f) Sunset.--The board is subject to evaluation, review and
termination in the manner provided in the act of December 22,
1981 (P.L.508, No.142), known as the Sunset Act.]
* * *
Section 3. The act is amended by adding a section to read:
Section 13.7. Recreational therapist.
(a) Licensure qualifications.--To be eligible to apply for
licensure as a recreational therapist, an applicant must fulfill
the following requirements:
(1) Be at least 18 years of age.
(2) Be of good moral character.
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(3) Complete a bachelor level program or higher in
recreational therapy or therapeutic recreation, or a bachelor
level program or higher in a related field which includes
courses pertaining to recreational therapy or therapeutic
recreation as required for certification by the National
Council for Therapeutic Recreation Certification.
(4) Submit a completed application and fee as required
by the board by regulation.
(5) Complete all certification requirements for and
maintain certification by the National Council for
Therapeutic Recreation Certification.
(6) Not be addicted to alcohol, narcotics or other
habit-forming drugs.
(7) Have not been convicted of a felony under the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, or of an offense
under the laws of another jurisdiction which, if committed in
this Commonwealth, would be a felony under The Controlled
Substance, Drug, Device and Cosmetic Act, unless the
following apply:
(i) Ten years have elapsed from the date of
conviction.
(ii) The applicant satisfactorily demonstrates to
the board that the applicant has made significant
progress in personal rehabilitation since the conviction
and the licensure of the applicant is not expected to
create a substantial risk of harm to the health and
safety of the applicant's clients or the public or a
substantial risk of further criminal violations.
(iii) The applicant otherwise satisfies the
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qualifications required under this act.
(b) Current professionals.--It shall be unlawful four years
after the effective date of this section for any person to
practice or indicate an ability to practice recreational therapy
unless licensed under this act.
(c) Duration of license.--A recreational therapist license
issued under this section shall be valid for a period of two
years and shall be nontransferable.
(d) Title and practice protection.--No person may practice
or hold himself out as being able to practice recreational
therapy, use the term "recreational therapist," "licensed
recreational therapist," the initials "CTRS/L" or other similar
terms or provide recreational therapy services in this
Commonwealth without being licensed under this act to do so.
(e) Recreational therapy services.--The techniques used by
recreational therapists to treat individuals include all of the
following:
(1) Conducting an individualized assessment for the
purpose of collecting systematic, comprehensive and accurate
data necessary to determine the course of action and
subsequent individualized treatment plan.
(2) Planning and developing an individualized
recreational therapy treatment plan that identifies an
individual's goals, objectives and potential treatment
intervention strategies for play, recreation, leisure and
community activities.
(3) Implementing an individualized recreational therapy
treatment plan that is consistent with the overall treatment
plan.
(4) Systematically evaluating and comparing the
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individual's response to the individualized recreational
therapy treatment plan and making modifications as
appropriate.
(5) Developing a discharge plan in collaboration with
the individual and the individual's family, treatment team
and other identified support networks where appropriate.
(6) Identifying and training in the use of adaptive
play, recreation and leisure equipment.
(7) Identifying, providing and educating individuals to
use play, recreation, leisure and community resources that
support a healthy, active and engaged life.
(8) Providing leisure education and counseling to
address issues that hinder health and engagement in play,
recreation, leisure and community activities.
(9) Providing community integration, reintegration,
inclusion and transitioning services to maximize health and
participation in play, recreation, leisure and community
activities.
(10) Addressing functional skill recovery, development
or maintenance related to health and participation in play,
recreation, leisure and community activities and utilizing
play, recreation, leisure and community activities as
modalities to advance health and functioning.
(11) Assisting individuals in constructing a healthy
leisure lifestyle that supports continued recovery, health
promotion and quality of life.
(12) Providing play, recreation, leisure and community
opportunities for individuals with illness, disability or
challenges for therapeutic purposes.
(13) Minimizing personal and environmental contextual
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barriers and maximizing personal and environmental contextual
facilitators to enhance health and participation in play,
recreation, leisure and community activities.
(14) Collaborating with and educating the individual,
family, caregiver and others to foster an environment that is
responsive to the health, play, recreation, leisure and
community engagement needs of the individual.
(15) Consulting with groups, programs, organizations or
communities to improve physical, social and programmatic
accessibility in play, recreation, leisure and community
activities.
(f) License renewal.--A licensee is eligible for biennial
renewal of a recreational therapist license if the following
requirements are met:
(1) A completed application and fee as established by
regulation of the board are submitted to the board.
(2) Continuing education requirements as established by
the board have been completed.
(3) The applicant holds current certification as a
therapeutic recreational specialist by the National Council
for Therapeutic Recreation Certification.
(4) Any other requirements are met as established by the
board.
(g) Referrals.--
(1) Consultation and evaluation by a recreational
therapist may be performed without a referral.
(2) Recreational therapy services provided to
individuals with medically related conditions shall be based
on a referral from a qualified health care professional who,
within the scope of the professional's licensure, is
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authorized to make referrals for health care services.
(3) A referral shall not be required for recreational
therapy services related to prevention, wellness, education,
adaptive sports and recreation.
(h) Construction.--Nothing in this section shall be
construed to:
(1) Prohibit an individual currently holding a
professional license from practicing within the applicable
scope of practice for that individual's professional license.
(2) Prohibit students enrolled in a recreational therapy
related course of study from performing recreational therapy
that is incidental to their course of study or required
supervised work relating to their course of study.
(3) Prohibit an individual practicing as a music
therapist from providing music therapy services.
(4) Prohibit an individual employed by the Federal
Government to provide recreational therapy service while in
the discharge of the person's official duties.
Section 4. This act shall take effect in 60 days.
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