1Providing for licensing requirements for recreational
2therapists; establishing the State Board of Recreational
3Therapy; providing for authorization to practice, for
4discipline, for eligibility and for renewal; and imposing
5penalties.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Short title.

9This act shall be known and may be cited as the Recreational
10Therapists Practice Act.

11Section 2. Definitions.

12The following words and phrases when used in this act shall
13have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Board." The State Board of Recreational Therapy established
16in section 3.

17"Commissioner." The Commissioner of Professional and
18Occupational Affairs.

19"Department." The Department of State of the Commonwealth.

1"Licensee." A person currently licensed to practice
2recreational therapy in this Commonwealth.

3"Recreational therapist." A person currently licensed to
4practice recreational therapy, also referred to as therapeutic
5recreation, in this Commonwealth.

6"Recreational therapy." A service designed to treat an
7individual affected by an illness or disabling condition in
8order to accomplish any of the following:

9(1) Restore, remediate or rehabilitate a person's level
10of functioning and independence in life activities.

11(2) Promote health and wellness.

12(3) Reduce or eliminate limitations and restrictions to
13participation in life situations.

14"Recreational therapy services." The techniques used by
15recreational therapists to treat individuals, including all of
16the following:

17(1) Conducting an individualized assessment for the
18purpose of collecting systematic, comprehensive and accurate
19data necessary to determine the course of action and
20subsequent individualized treatment plan.

21(2) Planning and developing an individualized
22recreational therapy treatment plan that identifies an
23individual's goals, objectives and potential treatment
24intervention strategies for play, recreation, leisure and
25community activities.

26(3) Implementing an individualized recreational therapy
27treatment plan that is consistent with the overall treatment
28plan.

29(4) Systemically evaluating and comparing the
30individual's response to the individualized recreational

1therapy treatment plan and making modifications as
2appropriate.

3(5) Developing a discharge plan in collaboration with
4the individual and the individual's family, treatment team
5and other identified support networks where appropriate.

6(6) Identifying and training in the use of adaptive
7play, recreation and leisure equipment.

8(7) Identifying, providing and educating individuals to
9use play, recreation, leisure and community resources that
10support a healthy, active and engaged life.

11(8) Providing leisure education and counseling to
12address issues that hinder health and engagement in play,
13leisure, recreation and community activities.

14(9) Providing community integration, reintegration,
15inclusion and transitioning services to maximize health and
16participation in play, recreation, leisure and community
17activities.

18(10) Addressing functional skill recovery, development
19or maintenance related to health and participation in play,
20recreation, leisure and community activities and utilizing
21recreation, leisure and community activities as modalities to
22advance health and functioning.

23(11) Assisting individuals in constructing a healthy
24leisure lifestyle that supports continued recovery, health
25promotion and quality of life.

26(12) Providing play, recreation, leisure and community
27opportunities for individuals with illness, disability or
28challenges for therapeutic purposes.

29(13) Minimizing personal and environmental contextual
30barriers and maximizing personal and environmental contextual

1facilitators to enhance health and participation in play,
2recreation, leisure and community activities.

3(14) Collaborating with and educating the individual,
4family, caregiver and others to foster an environment that is
5responsive to the health, play, recreation, leisure and
6community engagement needs of the individual.

7(15) Consulting with groups, programs, organizations or
8communities to improve physical, social and programmatic
9accessibility in play, recreation, leisure and community
10activities.

11Section 3. State Board of Recreational Therapy.

12(a) Establishment and board members.--The State Board of
13Recreational Therapy is hereby established as an administrative
14board within the department and shall consist of the following
15members:

16(1) Two members who are members of the public and
17residents of this Commonwealth for at least five years.

18(2) Six members who are licensed to practice
19recreational therapy in this Commonwealth and are residents
20of this Commonwealth for at least five years.

21(3) The commissioner shall serve as an ex officio member
22of the board.

23(b) Term of office.--Except as provided in subsection (c),
24the members of the board shall serve for four-year terms and
25shall be appointed by the Governor by and with the advice and
26consent of a majority of the members elected to the Senate. In
27appointing persons to fill vacancies in the six board positions
28designated to be held by licensed recreational therapists, the
29Governor may select recreational therapists who reside in
30different regions of this Commonwealth in an effort to provide

1Statewide representation of recreational therapists. The board
2shall submit a list of names and addresses of qualified
3recreational therapists willing to serve on the board for the
4Governor's consideration prior to the making of an appointment
5to fill the vacancy.

6(c) Initial appointments.--Within 180 days of the effective
7date of this section, the Governor shall nominate:

8(1) Two professional members under subsection (a)(2) to
9serve four-year terms.

10(2) One public member under subsection (a)(1) and two
11professional members under subsection (a)(2) to serve three-
12year terms.

13(3) One public member under subsection (a)(1) and one
14professional member under subsection (a)(2) to serve two-year
15terms.

16(4) One professional member under subsection (a)(2) to
17serve a one-year term.

18A professional member initially appointed to the board pursuant
19to this act need not be licensed at the time of appointment, but
20at the time of appointment must have satisfied the eligibility
21requirements for licensure and must have practiced recreational
22therapy for five consecutive years or more immediately preceding
23the appointment.

24(d) Continuation in office.--Each board member shall
25continue in office until a successor is appointed and qualified
26but no longer than six months after the expiration of the term.
27If a board member dies, resigns or otherwise becomes
28disqualified during the term of office, a successor shall be
29appointed in the same way and with the same qualifications as
30set forth in this section and shall hold office for the

1unexpired portion of the term.

2(e) Limit on terms.--No board member may be eligible for
3reappointment to serve more than two consecutive four-year
4terms.

5(f) Forfeiture of membership.--A professional or public
6member who fails to attend three meetings in 18 months shall
7forfeit the member's seat unless the commissioner, upon written
8request from the member, finds that the member should be excused
9from a meeting because of illness or death of a family member.

10(g) Compensation.--A member of the board, except the
11commissioner, shall receive per diem compensation at the rate of
12$60 when actually attending to the work of the board. Members
13shall also receive reasonable traveling, hotel and other
14necessary expenses incurred in the performance of their duties
15in accordance with regulations.

16(h) Forfeiture for nonattendance.--A public member who fails
17to attend two consecutive statutorily mandated training seminars
18in accordance with section 813(e) of the act of April 9, 1929
19(P.L.177, No.175), known as The Administrative Code of 1929,
20shall forfeit the public member's seat unless the commissioner,
21upon written request from the public member, finds that the
22public member should be excused from a meeting because of
23illness or the death of a family member.

24(i) Quorum.--A majority of the members of the board shall
25constitute a quorum for the purposes of conducting the business
26of the board. Except for temporary and automatic suspensions
27under section 6(c), a member may not be counted as part of a
28quorum or vote on any issue unless the member is physically in
29attendance at the meeting.

30(j) Chairperson.--The board shall annually select a

1chairperson from among its members.

2(k) Meetings.--The board shall meet at least two times a
3year within this Commonwealth and at other times and places as
4the board shall determine is necessary to conduct board
5business.

6(l) Operating procedures.--The board shall meet within 30
7days after the appointment of its initial members and shall
8institute operating procedures and an application form for
9licensing recreational therapists. It shall be the
10responsibility of the board to educate the public as to the
11requirements of licensing in order to hold oneself out or to
12practice as a licensed recreational therapist within this
13Commonwealth.

14Section 4. Unauthorized practice.

15(a) General rule.--No person may practice, or hold oneself
16out as being able to practice recreational therapy or provide
17recreational therapy services in this Commonwealth, unless the
18person is licensed under this act.

19(b) Students.--Nothing in this section may be construed to
20prohibit students enrolled in schools, or courses in
21recreational therapy, from performing recreational therapy that
22is incidental to their respective courses of study or supervised
23work. The board shall adopt rules related to schools or courses
24allowing students to practice under this section.

25Section 5. Eligibility for licensure.

26(a) Requirements.--To be eligible to apply for licensure as
27a recreational therapist, an applicant must fulfill the
28following requirements:

29(1) Be at least 18 years of age.

30(2) Be of good moral character.

1(3) Successfully complete all certification requirements
2outlined by the National Council for Therapeutic Recreation
3Certification.

4(4) Be an active certified therapeutic recreation
5specialist (CTRS) in good standing with the National Council
6for Therapeutic Recreation Certification.

7(5) Successfully complete the proctored examination
8administered by the National Council for Therapeutic
9Recreation Certification.

10(b) Current and active certification.--Notwithstanding the
11provisions of subsection (a), the board may grant an initial
12license to a recreational therapist who was certified by the
13National Council for Therapeutic Recreation Certification prior
14to the effective date of this act and who holds an active
15certified therapeutic recreation specialist credential.

16Section 6. License duration and renewal.

17(a) Duration of license.--A license issued under this act
18shall be valid for a period of two years.

19(b) Renewal of license.--A licensee is eligible for renewal
20of the license if the licensee meets all of the following
21requirements:

22(1) Has not violated this act or demonstrated poor moral
23character.

24(2) Completed the minimum hours of continuing education
25and any other requirements established by the board.

26(3) Is an active certified therapeutic recreation
27specialist (CTRS) in good standing with the National Council
28for Therapeutic Recreation Certification.

29(4) Any other requirements established by the board.

30(c) Suspension of license.--

1(1) The board may refuse, suspend, revoke, limit or
2restrict a license or discipline a licensee for any of the
3following:

4(i) Being convicted under Federal law, under the law
5of any state or under the law of another jurisdiction of
6a crime of moral turpitude or of an offense that, if
7committed in this Commonwealth, would constitute a
8felony.

9(ii) Being found to have engaged in immoral or
10unprofessional conduct. In proceedings based on this
11paragraph, actual injury to the client need not be
12established. As used in this paragraph, the term
13"unprofessional conduct" includes a departure from or
14failure to conform to the standards of acceptable and
15prevailing practice.

16(iii) Violating standards of professional practice
17or conduct as established by board regulation.

18(iv) Presenting false credentials or documents or
19making a false statement of fact in support of the
20individual's application for a license.

21(v) Submitting a false or deceptive license renewal
22to the board.

23(vi) Having a license suspended, revoked or refused
24or receiving other disciplinary action by the proper
25licensing authority of another jurisdiction.

26(vii) Violating a regulation promulgated by the
27board or violating an order of the board previously
28entered in a disciplinary proceeding.

29(viii) Incompetence, negligence or misconduct in
30carrying out the practice of recreational therapy.

1(ix) Practicing beyond the licensee's defined scope
2of practice.

3(x) Knowingly aiding, assisting, hiring or advising
4someone in the unlawful practice of recreational therapy.

5(xi) Being unable to practice with reasonable skill
6and safety by reason of illness, drunkenness, use of
7drugs, narcotics, chemicals or any other type of material
8or as a result of any mental or physical condition. In
9enforcing this subparagraph, the board, upon probable
10cause, has authority to compel a licensee to submit to a
11mental or physical examination by a physician approved by
12the board. Failure of a licensee to submit to an
13examination when directed by the board, unless the
14failure is due to circumstances beyond the licensee's
15control, may result in a default and final order entered
16against the licensee without the taking of testimony or
17presentation of evidence. A licensee affected under this
18paragraph shall be afforded an opportunity to demonstrate
19that the licensee can resume competent practice with
20reasonable skill and safety.

21(2) If the board finds that the license or application
22for license may be refused, revoked, restricted or suspended
23under the terms of paragraph (1), the board may do any of the
24following:

25(i) Deny the application for a license.

26(ii) Administer a public reprimand.

27(iii) Revoke, suspend, limit or otherwise restrict a
28license.

29(iv) Require a licensee to submit to the care,
30counseling or treatment of a physician.

1(v) Suspend enforcement of its findings and place a
2licensee on probation with the right to vacate the
3probationary order for noncompliance.

4(vi) Restore a suspended license and impose any
5disciplinary or corrective measure which it might
6originally have imposed.

7(3) Actions of the board under paragraphs (1) and (2)
8are subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to
9practice and procedure of Commonwealth agencies) and 7 Subch.
10A (relating to judicial review of Commonwealth agency
11action).

12(4) A license issued under this act shall be temporarily
13suspended under circumstances determined by the board to be
14an immediate and clear danger to the public health and
15safety. The board shall issue an order to that effect without
16a hearing, but upon due notice, to the licensee concerned at
17the licensee's last known address, which shall include a
18written statement of all allegations against the licensee.
19The provisions of this subsection shall not apply to
20temporary suspension. The board shall, upon temporary
21suspension, commence formal action to suspend, revoke or
22restrict the license of the person concerned as otherwise
23provided for in this act. All actions shall be taken promptly
24and without delay. Within 30 days following the issuance of
25an order temporarily suspending a license, the board shall
26conduct or cause to be conducted a preliminary hearing to
27determine if there is a prima facie case supporting the
28suspension. The licensee whose license has been temporarily
29suspended may be present at the preliminary hearing and may
30be represented by counsel, cross-examine witnesses, inspect

1physical evidence, call witnesses, offer evidence and
2testimony and make a record of the proceedings. If it is
3determined that there is not a prima facie case, the
4suspended license shall be immediately restored. The
5temporary suspension shall remain in effect until vacated by
6the board, but in no event longer than 180 days.

7(d) Reinstatement.--The board may, upon notice and
8opportunity for a hearing, deny an application for reinstatement
9of a license, or reinstate the license with certain
10requirements, which may include:

11(1) A requirement for continuing education.

12(2) Practice under the supervision of a licensed
13recreational therapist.

14(3) Any other conditions established by the board.

15Section 7. Professional identification.

16(a) Titles.--A licensee may use the letters "CTRS/L" in
17connection with the licensee's name or place of business.

18(b) Prohibited use of title.--A person or business entity,
19its employees, agents or representatives may not use any of the
20following words, abbreviations, or insignia in conjunction with
21that person's name or business unless services are provided
22under the direction of a licensee:

23(1) Therapeutic recreation specialist, therapeutic
24recreation, recreational therapy, recreational therapist,
25recreation therapy or recreation therapist.

26(2) The letters "TR," "TRS," "RT" or "CTRS/L."

27(3) Any other words, abbreviations or insignia
28indicating or implying that recreational therapy services are
29provided.

30Section 8. Violation of act.

1(a) Criminal penalty.--A person that violates a provision of
2this act commits a misdemeanor of the third degree and shall,
3upon conviction, be sentenced to pay a fine of not more than
4$1,000 or to imprisonment for not more than six months for the
5first violation and to pay a fine of not more than $2,000 or to
6imprisonment for not less than six months nor more than one
7year, or both, for each subsequent violation.

8(b) Civil penalty.--In addition to any other civil remedy or
9criminal penalty provided for in this act, the board, by a vote
10of the majority of the maximum number of the authorized
11membership of the board or by a vote of the majority of the
12qualified and confirmed membership or a minimum of five members,
13whichever is greater, may levy a civil penalty of up to $10,000
14on any of the following:

15(1) A recreational therapist who violates a provision of
16this act.

17(2) A person that employs a recreational therapist in
18violation of this act.

19(3) An individual who holds himself out as a licensee
20without being properly licensed as provided in this act.

21(4) The responsible officers or employees of a
22corporation, partnership, firm or other entity that violates
23a provision of this act.

24(c) Assessment of costs of investigation.--The board may
25assess against the respondent in a disciplinary action under
26this act, as part of the sanction, the cost of investigation
27underlying that disciplinary action.

28(d) Administrative Agency Law.--Action of the board under
29subsection (b) is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating
30to practice and procedure of Commonwealth agencies) and 7 Subch.

1A (relating to judicial review of Commonwealth agency action).

2Section 9. Coercion.

3(a) Delegated tasks and activities.--No person may coerce a
4licensed recreational therapist to delegate activities or tasks
5if the licensed recreational therapist determines that it is
6inappropriate to delegate or if doing so compromises client
7safety.

8(b) Discipline.--A licensed recreational therapist may not
9be subject to disciplinary action by the board for refusing to
10delegate activities or tasks, or refusing to provide the
11required training for delegation, if the licensed recreational
12therapist determines that the delegation may compromise client
13safety.

14Section 10. Referrals.

15(a) Consultation and evaluation.--Consultation and
16evaluation by a recreational therapist may be performed without
17a referral.

18(b) Referral required.--Recreational therapy services
19provided to individuals with medically related conditions shall
20be based on a referral from a qualified health care professional
21who, within the scope of the professional's licensure, is
22authorized to make referrals for health care services.

23(c) Exceptions.--Recreational therapy services related to
24prevention, wellness, education, adaptive sports and recreation
25do not require a referral.

26Section 11. Effective date.

27This act shall take effect in 60 days.