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An Act To Provide for Licensing of Recreational Therapists
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-A, sub-§50  is enacted to read:
 
50.     
Sec. 2.  32 MRSA c. 141  is enacted to read:
CHAPTER 141
RECREATIONAL THERAPISTS
SUBCHAPTER 1
GENERAL PROVISIONS
§ 19101. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
 
1.  Board.     "Board" means the Board of Recreational Therapy established in section 19111.
 
2.  Recreational therapist.     "Recreational therapist" means an individual who is licensed under this chapter to practice recreational therapy and is qualified to do so by virtue of academic and practical training in accordance with this chapter.
 
3.  Recreational therapy.     "Recreational therapy" means a treatment service designed to restore, remediate and rehabilitate a person's level of functioning and independence in life activities, to promote health and wellness and to reduce or eliminate limitations and restrictions on activities of daily living caused by an illness or disabling condition.
§ 19102. License required
 
1.  License required to practice recreational therapy.     A person may not practice or profess to be able to practice recreational therapy or provide recreational therapy in this State unless the person is licensed under this chapter. Nothing in this section may be construed to prohibit students enrolled in board-approved schools or courses in recreational therapy from performing recreational therapy that is incidental to their respective courses of study or supervised work. The board shall adopt rules concerning schools or courses allowing students to practice under this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
2.  Use of letters.     A recreational therapist may use the letters "TR,'' "TRS'' and "CTRS/L'' in connection with the name or place of business of that recreational therapist.
 
3.  Use of words and letters prohibited.     A person or business entity, its employees, agents or representatives may not use in conjunction with that person's name or the activity of the business the words "therapeutic recreation specialist," "therapeutic recreation," "recreational therapy," "recreational therapist," "recreation therapy" or "recreation therapist," the letters "CTRS,'' "TRS'' or "TR'' or any other words, abbreviations or insignia indicating or implying directly or indirectly that recreational therapy is provided or supplied, including the billing of services labeled as recreational therapy, unless such services are provided under the direction of a recreational therapist.
§ 19103. Unlicensed practice
An individual who practices recreational therapy or presents that individual as licensed under this chapter and who does not hold a valid license under this chapter is subject to the provisions of Title 10, section 8003-C.
§ 19104. Delegation authorized
 
1.  Delegation authorized.     This chapter may not be construed to prohibit a recreational therapist from delegating to an individual certain activities relating to the practice of recreational therapy, as long as those activities are under the supervision and control of the recreational therapist. "Supervision and control" may not be construed to require the personal presence of the supervising and controlling recreational therapist at the place where those activities take place, unless a physical presence is necessary to provide patient care of the same quality as provided by the recreational therapist. The board may adopt rules identifying activities that may be delegated and appropriate levels of supervision in the practice setting. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
2.  Responsibility.     A recreational therapist who delegates activities as described in subsection 1 to an individual is legally and ethically responsible for all of the professional activities of that individual, and the individual in this relationship is considered the recreational therapist's agent. This subsection may not be construed to apply to an individual acting under a separate license accepted by the State to render services independently.
 
3.  Coercion prohibited.     A person may not coerce a recreational therapist into compromising client safety by requiring the recreational therapist to delegate activities or tasks if the recreational therapist determines that it is inappropriate to do so. A recreational therapist may not be subject to disciplinary action by the board for refusing to delegate activities or tasks or refusing to provide the training required for activities or tasks to be delegated if the recreational therapist determines that the delegation may compromise client safety.
§ 19105. Evaluation and treatment authorization
 
1.  Referral required.     Initiation of recreational therapy for an individual for treatment of a medical condition must be based on a referral from a qualified health care professional who, within the scope of the professional's licensure, is authorized to make referrals for health care services.
 
2.  Referral not required.     Prevention, wellness, education, adaptive sports and recreation and related services do not require a referral.
SUBCHAPTER 2
BOARD OF RECREATIONAL THERAPY
§ 19111. Board established; membership; terms
The Board of Recreational Therapy, as established by Title 5, section 12004-A, subsection 50, consists of 3 members appointed by the Governor. All members must be residents of this State. Two members must have been engaged full-time in the provision of recreational therapy for at least one year immediately preceding appointment; these members at all times must be holders of valid licenses issued under this chapter for the practice of recreational therapy. The 3rd member is a public member as defined in Title 5, section 12004-A.
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009. A board member may be removed by the Governor for cause.
§ 19112. Meetings; chair; quorum
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings are held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Two members of the board constitute a quorum for all purposes.
§ 19113. Powers and duties
The board has the following powers and duties.
 
1.  Board to administer, coordinate and enforce.     The board shall administer, coordinate and enforce this chapter and evaluate the qualifications of and approve the examinations to be taken by applicants for licensure under this chapter.
 
2.  Rules.     The board may, in accordance with the Maine Administrative Procedure Act, adopt rules commensurate with the authority vested in it by this chapter, including, but not limited to, rules relating to professional conduct and establishing ethical standards of practice. The board, by rule, shall set the standard of professional conduct for licensees under this chapter. Rules adopted by the board pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUBCHAPTER 3
LICENSE
§ 19121. Eligibility for license
 
1.  Qualifications.     The board shall issue a recreational therapist license to an applicant who meets the requirements of this subsection and applies pursuant to this chapter. In order to qualify for licensure as a recreational therapist an applicant must:
 
A.  Be at least 18 years of age;
 
B.  Be of good moral character;
 
C.  Have successfully completed an academic program with a baccalaureate degree or higher from an accredited college or university with a major in therapeutic recreation or a major in recreation or leisure with an option in therapeutic recreation;
 
D.  Have successfully completed a period of field experience approved by the National Council for Therapeutic Recreation Certification, its successor or another organization approved by the board and by the educational institution where the applicant has met the applicant's academic requirements under the supervision of a certified therapeutic recreation specialist; and
 
E.  Have successfully completed a proctored certification examination administered by the National Council for Therapeutic Recreation Certification, its successor or another organization approved by the board.
 
2.  Denial of application; reinstatement with conditions.     The board may, upon notice and opportunity for a hearing, deny an application for reinstatement of a license or reinstate a license with conditions. Conditions imposed may include a requirement for continuing education, practice under the supervision of a recreational therapist or any other conditions set by the board.
§ 19122. Licensure; another jurisdiction
The board may waive the examination and grant licensure to an applicant for a recreational therapist license who is licensed under the laws of another jurisdiction and who presents proof of current licensure in another jurisdiction that maintains professional standards determined by the board to be substantially equivalent to those set forth in this chapter, if no cause exists for denial of a license under section 19124.
§ 19123. Scope of practice
 
1.  Recreational therapy services.     Recreational therapy services that may be provided by a licensee under this chapter include, but are not limited to:
 
A.  Conducting an individualized assessment for the purpose of collecting systematic, comprehensive and accurate data necessary to determine a course of action and subsequent individualized treatment plan;
 
B.  Planning and developing the individualized treatment plan that identifies an individual's objectives and treatment strategies to be applied;
 
C.  Implementing the individualized treatment plan;
 
D.  Systematically evaluating and comparing the individual's response to the individualized treatment plan and suggesting modifications as appropriate;
 
E.  Developing a discharge plan in collaboration with the individual, the individual's family and other treatment team members;
 
F.  Identifying, designing, fabricating, applying and training in the use of adaptive recreational equipment;
 
G.  Identifying, applying and evaluating the use of noninvasive and nonpharmacological approaches to reduce or alleviate pain or manage pain to minimize its effect upon daily activities;
 
H.  Identifying, providing and educating individuals to use resources that support a healthy, active and engaged life;
 
I.  Minimizing the impact of environmental constraints as a barrier to daily activities;
 
J.  Collaborating with and educating the individual, the individual's family, caregiver and others to foster an environment that is responsive to the needs of the individual; and
 
K.  Consulting with groups, programs, organizations and communities to improve physical and social accessibility.
§ 19124. Denial or refusal to renew license; disciplinary action
The board has authority to investigate all complaints made to it and all cases of noncompliance with or violation of this chapter. In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A, paragraphs B and C for:
 
1.  Unethical practices.     Engaging in unfair or deceptive practices as defined by the rules established by the board or violating the code of ethics adopted and published by the board; or
 
2.  Negligence.     Incompetence, negligence or neglect in the conduct of the practice of recreational therapy.
§ 19125. License; renewal
A license issued under this chapter expires at a time that the commissioner may designate. An individual licensed under this chapter shall pay the renewal fee as set under section 19126. A renewal is contingent upon evidence of participation in continuing professional education as determined by the board; temporary licenses and trainee permits established by rule by the board are exempt from this requirement. The board shall accept continuing education programs that meet recertification standards of the National Council for Therapeutic Recreation Certification, its successor or another organization approved by the board. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee and renewal fee under section 19126. An individual who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion, waive examination if that application for renewal is received together with the late fee and renewal fee under section 19126 within 2 years from the date of the expiration.
§ 19126. Fees
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for the purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that a fee for any one purpose may not exceed $325 annually. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
§ 19127. Inactive status
The board shall adopt rules that provide that an individual licensed under this chapter may, upon written request, be placed on inactive status. The board may place the licensee on inactive status only upon proper application by the licensee. During inactive status, the licensee must renew the license and pay the license fees as set under section 19126, but is not required to meet the continuing education requirements under section 19125. The board shall adopt rules by which a license in an inactive status may be reactivated. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. Transition; grandfathering. Notwithstanding the Maine Revised Statutes, Title 32, section 19111, the initial recreational thereapist members of the Board of Recreational Therapy must be certified by the National Council for Therapeutic Recreation Certification and have been engaged full-time in the provision of recreational therapy for one year. Notwithstanding Title 32, section 19111, one of these initial members serves a one-year term and one serves a 2-year term, as designated by the Governor. The initial public member serves a 3-year term. Notwithstanding Title 32, section 19121, subsection 1, the Board of Recreational Therapy may grant initial licenses to recreational therapists who were certified by the National Council for Therapeutic Recreation Certification prior to October 1, 2013 and who hold an active certified therapeutic recreation specialist credential. The board shall establish a deadline for applications for initial licenses pursuant to this section and shall also establish a starting date on which the board, having been constituted and having held its organizational meeting, will be in a position to begin accepting such applications. Until 6 months after the deadline for submitting applications pursuant to this section, all persons who were practicing and certified as recreational therapists within the State on the effective date of this Act and who meet the requirements of this section for an initial license must be deemed licensed for purposes of Title 32, chapter 141.
 
SUMMARY
This bill establishes a requirement for licensure of recreational therapists and a board to oversee the process of licensure and the conduct of licensees.