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LEVEL OF FUNCTIONING AND INDEPENDENCE IN LIFE ACTIVITIES, TO PROMOTE
HEALTH AND WELLNESS AS WELL AS REDUCE OR ELIMINATE THE ACTIVITY LIMITA-
TIONS AND RESTRICTIONS TO PARTICIPATE IN LIFE SITUATIONS CAUSED BY AN
ILLNESS OR DISABLING CONDITION.
(A) FOR PURPOSES OF ACCOMPLISHING THERAPEUTIC RECREATION GOALS, RECRE-
ATIONAL THERAPY MAY INCLUDE, BUT NOT BE LIMITED TO:
(I) REMEDIATION OR RESTORATION OF AN INDIVIDUAL'S PARTICIPATION LEVELS
THAT ARE LIMITED DUE TO IMPAIRMENT IN PHYSICAL, COGNITIVE, SOCIAL, OR
EMOTIONAL ABILITIES;
(II) ANALYZING AND EVALUATING RECREATIONAL AND PSYCHOSOCIAL ACTIVITIES
TO DETERMINE THE PHYSICAL, SOCIAL, AND PROGRAMMATIC ELEMENTS NECESSARY
FOR INVOLVEMENT AND MODIFYING THOSE ELEMENTS TO PROMOTE FULL PARTIC-
IPATION AND MAXIMIZATION OF FUNCTIONAL INDEPENDENCE;
(III) USING RECREATIONAL MODALITIES IN DESIGNED INTERVENTION STRATE-
GIES TO MAXIMIZE PHYSICAL, COGNITIVE, SOCIAL, OR EMOTIONAL ABILITIES;
(IV) INCORPORATING THE INDIVIDUAL'S INTERESTS AND THE INDIVIDUAL'S
FAMILY AND COMMUNITY TO MAXIMIZE RELEVANCE TO THE INDIVIDUAL'S GOALS;
(V) PROMOTING THE CONCEPT OF HEALTHY LIVING INTO TREATMENT STRATEGIES
TO DECREASE THE POTENTIAL FOR SECONDARY CONDITIONS;
(VI) DEVELOPING COMMUNITY SUPPORT AND ENCOURAGING ATTITUDINAL CHANGES
TO REFLECT DIGNITY, SELF RESPECT, AND INVOLVEMENT WITHIN ONE'S COMMUNI-
TY; AND
(VII) FOSTERING PEER AND INTERGENERATIONAL RELATIONSHIPS.
(B) RECREATIONAL THERAPY SERVICES INCLUDE, BUT ARE NOT LIMITED TO:
(I) 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;
(II) PLANNING AND DEVELOPING THE INDIVIDUALIZED TREATMENT PLAN THAT
IDENTIFIES AN INDIVIDUAL'S GOALS, OBJECTIVES, AND TREATMENT INTERVENTION
STRATEGIES;
(III) IMPLEMENTING THE INDIVIDUALIZED TREATMENT PLAN THAT IS CONSIST-
ENT WITH THE OVERALL TREATMENT PROGRAM;
(IV) SYSTEMATICALLY EVALUATING AND COMPARING THE INDIVIDUAL'S RESPONSE
TO THE INDIVIDUALIZED TREATMENT PLAN AND SUGGESTING MODIFICATIONS AS
APPROPRIATE;
(V) DEVELOPING A DISCHARGE PLAN IN COLLABORATION WITH THE INDIVIDUAL,
THE INDIVIDUAL'S FAMILY, AND OTHER TREATMENT TEAM MEMBERS;
(VI) IDENTIFYING, DESIGNING, FABRICATING, APPLYING, OR TRAINING IN THE
USE OF ADAPTIVE RECREATIONAL EQUIPMENT;
(VII) IDENTIFYING, APPLYING, AND EVALUATING THE USE OF NON-INVASIVE
AND NON-PHARMACOLOGICAL APPROACHES TO REDUCE OR ALLEVIATE PAIN OR MANAGE
PAIN TO MINIMIZE ITS IMPACT UPON PARTICIPATION;
(VIII) IDENTIFYING, PROVIDING, AND EDUCATING INDIVIDUALS TO USE
RESOURCES THAT SUPPORT A HEALTHY, ACTIVE AND ENGAGED LIFE;
(IX) MINIMIZE THE IMPACT OF ENVIRONMENTAL CONSTRAINTS AS A BARRIER TO
PARTICIPATION;
(X) COLLABORATING WITH AND EDUCATING THE INDIVIDUAL, FAMILY, CAREGIV-
ER, AND OTHERS TO FOSTER AN ENVIRONMENT THAT IS RESPONSIVE TO THE NEEDS
OF THE INDIVIDUAL; AND
(XI) CONSULTING WITH GROUPS, PROGRAMS, ORGANIZATIONS, OR COMMUNITIES
TO IMPROVE PHYSICAL, SOCIAL, AND PROGRAMMATIC ACCESSIBILITY.
S 7951. EVALUATION AND TREATMENT AUTHORIZATION. 1. CONSULTATION AND
EVALUATION BY A RECREATIONAL THERAPIST MAY BE PERFORMED WITHOUT REFER-
RAL. INITIATION OF RECREATIONAL THERAPY SERVICES TO INDIVIDUALS WITH
MEDICALLY-RELATED CONDITIONS SHALL BE BASED ON A REFERRAL FROM ANY QUAL-
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IFIED HEALTH CARE PROFESSIONAL THAT, WITHIN THE SCOPE OF THE PROFES-
SIONAL'S LICENSURE, IS AUTHORIZED TO REFER FOR HEALTH CARE SERVICES.
2. PREVENTION, WELLNESS, EDUCATION, ADAPTIVE SPORTS AND RECREATION,
AND RELATED SERVICES SHALL NOT REQUIRE A REFERRAL.
S 7952. PROHIBITION ON UNAUTHORIZED PRACTICE; PROFESSIONAL IDENTIFICA-
TION. 1. NO PERSON SHALL PRACTICE OR HOLD ONESELF OUT AS BEING ABLE TO
PRACTICE RECREATIONAL THERAPY OR PROVIDE RECREATIONAL THERAPY SERVICES
IN THIS STATE UNLESS THE PERSON IS LICENSED UNDER THIS ARTICLE. NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT STUDENTS ENROLLED IN
BOARD-APPROVED SCHOOLS OR COURSES IN RECREATIONAL THERAPY FROM PERFORM-
ING RECREATIONAL THERAPY THAT IS INCIDENTAL TO THEIR RESPECTIVE COURSES
OF STUDY OR SUPERVISED WORK. THE BOARD SHALL ADOPT RULES RELATIVE TO
SCHOOLS OR COURSES ALLOWING STUDENTS TO PRACTICE UNDER THIS SUBDIVISION.
2. LICENSED RECREATIONAL THERAPISTS MAY USE THE LETTERS "TR",
"RT","TRS", "RT/L" AND "CTRS/L" IN CONNECTION WITH THEIR NAME OR PLACE
OF BUSINESS.
3. A PERSON OR BUSINESS ENTITY, ITS EMPLOYEES, AGENTS, OR REPRESEN-
TATIVES SHALL 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, RECREATION THERAPIST, CERTIFIED THERAPEUTIC RECRE-
ATION SPECIALIST, THE LETTERS "TR", "RT", "TRS","CTRS", "CTRS/L" OR ANY
OTHER WORDS, ABBREVIATIONS, OR INSIGNIA INDICATING OR IMPLYING DIRECTLY
OR INDIRECTLY THAT RECREATIONAL THERAPY IS PROVIDED OR SUPPLIED, INCLUD-
ING THE BILLING OF SERVICES LABELED AS THERAPEUTIC RECREATION OR RECRE-
ATIONAL THERAPY, UNLESS SUCH SERVICES ARE PROVIDED UNDER THE DIRECTION
OF A THERAPEUTIC RECREATION SPECIALIST/RECREATIONAL THERAPY SPECIALIST
LICENSED PURSUANT TO THIS ARTICLE. A PERSON OR ENTITY THAT VIOLATES THIS
SUBDIVISION IS GUILTY OF A VIOLATION FOR THE FIRST OFFENSE AND GUILTY OF
A MISDEMEANOR FOR ANY SUBSEQUENT OFFENSE.
S 7953. COERCION PROHIBITED. NO PERSON SHALL COERCE A LICENSED THERA-
PEUTIC RECREATION SPECIALIST INTO COMPROMISING CLIENT SAFETY BY REQUIR-
ING THE LICENSED THERAPEUTIC RECREATION SPECIALIST TO DELEGATE ACTIV-
ITIES OR TASKS IF THE LICENSED THERAPEUTIC RECREATION SPECIALIST
DETERMINES THAT IT IS INAPPROPRIATE TO DO SO. LICENSED THERAPEUTIC
RECREATION SPECIALISTS SHALL NOT BE SUBJECT TO DISCIPLINARY ACTION BY
THE BOARD FOR REFUSING TO DELEGATE ACTIVITIES OR TASKS OR REFUSING TO
PROVIDE THE REQUIRED TRAINING FOR DELEGATION IF THE LICENSED THERAPEUTIC
RECREATION SPECIALIST DETERMINES THAT THE DELEGATION MAY COMPROMISE
CLIENT SAFETY.
S 7954. ELIGIBILITY FOR LICENSURE. 1. AN APPLICANT SHALL POSSESS THE
FOLLOWING QUALIFICATIONS TO BE LICENSED:
(A) BE AT LEAST EIGHTEEN YEARS OF AGE;
(B) BE OF GOOD MORAL CHARACTER;
(C) SUCCESSFULLY COMPLETE A DEGREE FROM AN ACCREDITED COLLEGE OR
UNIVERSITY IN ACCORDANCE WITH THE REQUIREMENTS OF A NATIONAL CERTIFYING
BODY SUCH AS THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIF-
ICATION (NCTRC) AS DETERMINED BY THE NYS-TR LICENSURE BOARD.
(D) HOLD A CURRENT CERTIFICATION BY A NATIONAL CERTIFYING BODY SUCH AS
THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION (NCTRC) AS
DETERMINED BY THE NYS-TR LICENSURE BOARD.
2. THE BOARD MAY, UPON NOTICE AND OPPORTUNITY FOR A HEARING, DENY AN
APPLICATION FOR REINSTATEMENT OF A LICENSE OR REINSTATE THE LICENSE WITH
CONDITIONS. CONDITIONS IMPOSED MAY INCLUDE A REQUIREMENT FOR CONTINUING
EDUCATION, PRACTICE UNDER THE SUPERVISION OF A LICENSED RECREATIONAL
THERAPIST, OR ANY OTHER CONDITIONS SET FORTH IN THIS ARTICLE.
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3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE BOARD MAY
GRANT LICENSES TO APPLICANTS WHO WERE CERTIFIED BY NCTRC PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE AND WHO HOLD AN ACTIVE CTRS CREDENTIAL.
S 7955. RENEWAL OF LICENSE. 1. PERSONS LICENSED AS THERAPEUTIC RECRE-
ATION SPECIALISTS ARE ELIGIBLE FOR RENEWAL OF THEIR LICENSES IF SUCH
PERSONS:
(A) HAVE NOT VIOLATED THIS ARTICLE OR DEMONSTRATED POOR MORAL CHARAC-
TER;
(B) MEET CONTINUING COMPETENCY REQUIREMENTS BY COMPLETING A MINIMUM OF
THIRTY HOURS OF CONTINUING EDUCATION IN FORMAL COURSES APPROVED BY THE
BOARD AND OTHER REQUIREMENTS ESTABLISHED BY THE BOARD RULES ADOPTED
PURSUANT TO THIS ARTICLE; AND
(C) HOLD A CURRENT CERTIFICATION BY A NATIONAL CERTIFYING BODY SUCH AS
THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION AS DETER-
MINED BY THE NYS-TR LICENSURE BOARD.
2. THE BOARD SHALL ACCEPT CONTINUING EDUCATION PROGRAMS THAT MEET THE
RECERTIFICATION STANDARDS OF THE NATIONAL COUNCIL FOR THERAPEUTIC RECRE-
ATION CERTIFICATION.
S 7956. REVOCATION, SUSPENSION, OR DENIAL OF LICENSURE. 1. THE BOARD
MAY REQUIRE REMEDIAL EDUCATION, ISSUE OF A LETTER OF REPRIMAND,
RESTRICT, REVOKE, OR SUSPEND ANY LICENSE ISSUED PURSUANT TO THIS ARTICLE
OR DENY ANY APPLICATION FOR LICENSURE IF THE BOARD DETERMINES THAT THE
LICENSEE OR APPLICANT HAS DONE ANY OF THE FOLLOWING:
(A) ALLOWED NATIONAL CERTIFICATION TO EXPIRE;
(B) GIVEN FALSE INFORMATION OR WITHHELD MATERIAL INFORMATION FROM THE
BOARD IN PROCURING OR ATTEMPTING TO PROCURE A LICENSE PURSUANT TO THIS
ARTICLE;
(C) BEEN CONVICTED OF, OR PLEADED GUILTY OR NOLO CONTENDERE TO, ANY
CRIME THAT INDICATES THAT THE PERSON IS UNFIT OR INCOMPETENT TO BE
LICENSED PURSUANT TO THIS ARTICLE;
(D) IS UNABLE TO PERFORM THE FUNCTIONS FOR WHICH A LICENSE HAS BEEN
ISSUED DUE TO IMPAIRMENT OF MENTAL OR PHYSICAL FACULTIES;
(E) ENGAGED IN CONDUCT THAT ENDANGERS THE PUBLIC HEALTH;
(F) IS UNFIT OR INCOMPETENT TO BE LICENSED PURSUANT TO THIS ARTICLE BY
REASON OF DELIBERATE OR NEGLIGENT ACTS OR OMISSIONS REGARDLESS OF WHETH-
ER ACTIVE INJURY TO THE PATIENT OR CLIENT IS ESTABLISHED;
(G) ENGAGES IN CONDUCT THAT DECEIVES, DEFRAUDS, OR HARMS THE PUBLIC IN
THE COURSE OF CLAIMING LICENSED STATUS OR PRACTICING THERAPEUTIC
RECREATION/RECREATIONAL THERAPY;
(H) WILLFULLY VIOLATED ANY PROVISION OF THIS ARTICLE, RULES, OR CODE
OF ETHICS ENACTED BY THE BOARD; OR
(I) AIDED, ABETTED, OR ASSISTED ANY PERSON IN VIOLATING THE PROVISIONS
OF THIS ARTICLE.
2. THE BOARD MAY REINSTATE A REVOKED LICENSE OR REMOVE LICENSURE
RESTRICTIONS WHEN IT FINDS THAT THE REASONS FOR REVOCATION OR
RESTRICTION NO LONGER EXIST AND THAT THE PERSON CAN REASONABLY BE
EXPECTED TO SAFELY AND PROPERLY PRACTICE RECREATIONAL THERAPY.
S 7957. RECIPROCITY. THE BOARD MAY GRANT A LICENSE TO ANY PERSON WHO,
AT THE TIME OF APPLICATION, IS LICENSED AS A RECREATIONAL THERAPIST OR
THERAPEUTIC RECREATION SPECIALIST BY A SIMILAR BOARD OF ANOTHER COUNTRY,
STATE, OR TERRITORY WHOSE LICENSING STANDARDS ARE SUBSTANTIALLY EQUIV-
ALENT TO OR HIGHER THAN THOSE REQUIRED BY THIS ARTICLE. THE BOARD SHALL
DETERMINE THE SUBSTANTIAL EQUIVALENCE UPON WHICH RECIPROCITY IS BASED.
S 2. Section 17-a of chapter 676 of the laws of 2002, amending the
education law and the social services law relating to licensing mental
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health practitioners, as amended by section 2 of part II of chapter 57
of the laws of 2009, is amended to read as follows:
S 17-a. Nothing in this act shall prohibit or limit the activities or
services on the part of any person in the employ of a program or service
operated, regulated, funded, or approved by the department of mental
hygiene or the office of children and family services, or a local
governmental unit as that term is defined in article 41 of the mental
hygiene law or a social services district as defined in section 61 of
the social services law, OR A THERAPEUTIC RECREATION SPECIALIST AS
DEFINED IN ARTICLE 156-A OF THE EDUCATION LAW provided, however, this
section shall not authorize the use of any title authorized pursuant to
article 153, 156-A or 163 of the education law, except as otherwise
provided by such articles, except that this section shall be deemed
repealed on June 1, 2010.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that the amendments made to section 17-a of chapter 676 of the laws of
2002 by section two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; provided further that
the department of education is authorized to promulgate any and all
rules and regulations and take any other measures necessary to implement
the provisions of this act on or before the effective date.