senate Bill S2141A

2013-2014 Legislative Session

Licenses therapeutic recreation specialists

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 10, 2014 print number 2141a
amend and recommit to higher education
Jan 08, 2014 referred to higher education
Jan 11, 2013 referred to higher education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2141 - Bill Details

See Assembly Version of this Bill:
A5303A
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 156-A §§7950 - 7957, Ed L; amd §17-a, Chap 676 of 2002
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4561
2009-2010: S6252

S2141 - Bill Texts

view summary

Relates to the licensure of therapeutic recreation specialists; defines terms; provides that "therapeutic therapy" or "therapeutic recreation" 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 as well as reduce or eliminate the activity limitations and restrictions to participate in life situations caused by an illness or disabling condition; outlines methods for revocation of license; authorizes reciprocity with other states.

view sponsor memo
BILL NUMBER:S2141

TITLE OF BILL:
An act
to amend the education law, in relation to the
licensure of
therapeutic recreation specialists; and to amend chapter
676 of the laws of 2002, amending the education law and the
social services law relating to licensing mental health
practitioners, in relation to preventing prohibitions or
limitations on the activities or services of certain
persons

PURPOSE:
This legislation establishes a system for the licensing of therapeutic
recreation specialists to ensure recreational therapy is performed by
trained professionals and establishes standards for recreational
therapy to preserve the quality of patient care.

SUMMARY OF PROVISIONS:
The education law is amended by adding a new article 156-A. Article
156-A sets standards for evaluation and treatment authorization,
Prevents persons lacking a license from practicing therapeutic
recreation, prohibits coercing a licensed recreational therapist
under certain circumstances, establishes eligibility requirements for
licensure and license renewal, creates disciplinary procedures to
guide the revocation, suspension or denial of a license and sets
guidelines for the recognition of licenses from other jurisdictions.

JUSTIFICATION:
Therapeutic recreation specialists provide vital treatment for
individuals with disabilities or illnesses. Using a variety of
techniques, including arts and crafts, animals, sports, games, dance
and movement, therapists improve and preserve the physical, mental,
and emotional health of their patients. Given the important nature of
their work, it is essential that high professional standards are set
for therapeutic recreation specialists by creating a proper system
for licensing to make sure that recreation therapy is performed by
qualified individuals.

LEGISLATIVE HISTORY:
2012: S.4561 - Referred
Education to Higher Education/A.674 - Referred to Higher
2011: S.4561 - Referred to Higher Education/A.674 - Referred to Higher
Education to Higher Education/A.8073 - Referred to
2010: S.6252 - Referred to Rules/A.8073 - Referred to Higher Education.
Higher Education.
2009: S.6252 - Referred

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
January 1 next succeeding the date after it shall have become a law;
with provisions.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2141

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to the licensure of ther-
  apeutic recreation specialists; and to amend chapter 676 of  the  laws
  of 2002, amending the education law and the social services law relat-
  ing  to licensing mental health practitioners, in relation to prevent-
  ing prohibitions or limitations  on  the  activities  or  services  of
  certain persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article  156-A
to read as follows:
                              ARTICLE 156-A
                   THERAPEUTIC RECREATION SPECIALISTS
SECTION 7950. DEFINITIONS.
        7951. EVALUATION AND TREATMENT AUTHORIZATION.
        7952. PROHIBITION  ON  UNAUTHORIZED PRACTICE; PROFESSIONAL IDEN-
                TIFICATION.
        7953. COERCION PROHIBITED.
        7954. ELIGIBILITY FOR LICENSURE.
        7955. RENEWAL OF LICENSE.
        7956. REVOCATION, SUSPENSION OR DENIAL OF LICENSURE.
        7957. RECIPROCITY.
  S 7950. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS STATE THERAPEUTIC RECREATION LICENSURE BOARD.
  2.  "THERAPEUTIC  RECREATION  SPECIALIST"  MEANS  A PERSON LICENSED TO
PRACTICE RECREATIONAL THERAPY IN THE STATE.
  3. "RECREATIONAL THERAPY" OR "THERAPEUTIC RECREATION" MEANS  A  TREAT-
MENT  SERVICE DESIGNED TO RESTORE, REMEDIATE AND REHABILITATE A PERSON'S
LEVEL OF FUNCTIONING AND INDEPENDENCE IN  LIFE  ACTIVITIES,  TO  PROMOTE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05473-02-3

S. 2141                             2

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, EMOTIONAL AND COGNITIVE AND  PROGRAM-
MATIC ELEMENTS NECESSARY FOR INVOLVEMENT AND MODIFYING THOSE ELEMENTS TO
PROMOTE FULL PARTICIPATION 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) THERAPEUTIC RECREATION 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 PLAN THAT IDENTIFIES
AN INDIVIDUAL'S GOALS, OBJECTIVES AND TREATMENT INTERVENTION STRATEGIES;
  (III) IMPLEMENTING THE INDIVIDUALIZED PLAN THAT IS CONSISTENT WITH THE
OVERALL TREATMENT PROGRAM;
  (IV) SYSTEMATICALLY EVALUATING AND COMPARING THE INDIVIDUAL'S RESPONSE
TO THE INDIVIDUALIZED 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 THERAPEUTIC RECREATION SPECIALIST MAY BE PERFORMED WITH-
OUT  REFERRAL. INITIATION OF THERAPEUTIC RECREATION SERVICES TO INDIVID-
UALS WITH MEDICALLY-RELATED CONDITIONS SHALL BE BASED ON A REFERRAL FROM
ANY QUALIFIED HEALTH CARE PROFESSIONAL THAT, WITHIN  THE  SCOPE  OF  THE
PROFESSIONAL'S  LICENSURE,  IS  AUTHORIZED  TO  REFER  FOR  HEALTH  CARE
SERVICES.

S. 2141                             3

  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 THERAPEUTIC RECREATION 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  THERAPEUTIC  RECREATION   FROM
PERFORMING THERAPEUTIC RECREATION THAT IS INCIDENTAL TO THEIR RESPECTIVE
COURSES  OF  STUDY OR SUPERVISED WORK. THE BOARD SHALL ADOPT RULES RELA-
TIVE TO SCHOOLS OR COURSES ALLOWING  STUDENTS  TO  PRACTICE  UNDER  THIS
SUBDIVISION.
  2.  LICENSED  THERAPEUTIC  RECREATION  SPECIALISTS MAY USE THE LETTERS
"TRS/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  THERAPEUTIC  RECREATION  IS  PROVIDED  OR  SUPPLIED,
INCLUDING  THE  BILLING OF SERVICES LABELED AS THERAPEUTIC RECREATION OR
RECREATIONAL THERAPY, UNLESS SUCH SERVICES ARE PROVIDED UNDER THE DIREC-
TION  OF  A  THERAPEUTIC  RECREATION  SPECIALIST/RECREATIONAL  THERAPIST
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 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 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 THERAPEUTIC
RECREATION SPECIALIST OR ANY OTHER CONDITIONS SET FORTH IN THIS ARTICLE.

S. 2141                             4

  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 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 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 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. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
amending the education law and  the  social  services  law  relating  to
licensing  mental health practitioners, as amended by chapter 130 of the
laws of 2010, is amended to read as follows:

S. 2141                             5

  a. In relation to activities and services provided under  article  153
of  the  education law, nothing in this act shall prohibit or limit such
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  arti-
cle  41  of  the  mental  hygiene  law  or a social services district as
defined in section 61 of the social services law OR A THERAPEUTIC RECRE-
ATION SPECIALIST AS DEFINED IN ARTICLE 156-A OF THE EDUCATION LAW.    In
relation  to  activities  and services provided under article 163 of the
education law, nothing in this act shall prohibit or limit  such  activ-
ities  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, the office of children and family services, the  depart-
ment  of  correctional  services, the state office for the aging and the
department of health 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,  pursuant
to authority granted by law. This section shall not authorize the use of
any title authorized pursuant to article 153, 156-A or 163 of the educa-
tion  law  by  any such employed person, except as otherwise provided by
such articles respectively.
  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 subdivision a of 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 education department 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.

Co-Sponsors

S2141A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5303A
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Add Art 156-A §§7950 - 7957, Ed L; amd §17-a, Chap 676 of 2002
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4561
2009-2010: S6252

S2141A (ACTIVE) - Bill Texts

view summary

Relates to the licensure of therapeutic recreation specialists; defines terms; provides that "therapeutic therapy" or "therapeutic recreation" 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 as well as reduce or eliminate the activity limitations and restrictions to participate in life situations caused by an illness or disabling condition; outlines methods for revocation of license; authorizes reciprocity with other states.

view sponsor memo
BILL NUMBER:S2141A

TITLE OF BILL: An act to amend the education law, in relation to the
licensure of therapeutic recreation specialists; and to amend chapter
676 of the laws of 2002, amending the education law and the social
services law relating to licensing mental health practitioners, in
relation to preventing prohibitions or limitations on the activities
or services of certain persons

PURPOSE:

This legislation establishes a system for the licensing of therapeutic
recreation specialists to ensure recreational therapy is Performed by
trained professionals and establishes standards for recreational
therapy to preserve the quality of patient care.

SUMMARY OF PROVISIONS:

The education law is amended by adding a new article 156-A. Article
156-A sets standards for evaluation and treatment authorization,
Prevents persons lacking a license from practicing therapeutic
recreation, prohibits coercing a licensed recreational therapist under
certain circumstances, establishes eligibility requirements for
licensure and license renewal, creates disciplinary procedures to
guide the revocation, suspension or denial of a license and sets
guidelines for the recognition of licenses from other jurisdictions.

JUSTIFICATION:

Therapeutic recreation specialists provide vital treatment for
individuals with disabilities or illnesses. Using a variety of
techniques, including arts and crafts, animals, sports, games, dance
and movement, therapists improve and preserve the physical, mental,
and emotional health of their patients. Given the important nature of
their work, it is essential that high professional standards are set
for therapeutic recreation specialists by creating a proper system for
licensing to make sure that recreation therapy is performed by
qualified individuals.

LEGISLATIVE HISTORY:

2013: Referred to Higher Education/A5303 Referred to Higher Education
2012: S.4561 - Referred to Higher Education/A.674 - Referred to Higher
Education
2011: S.4561 - Referred to Higher Education/A.674 - Referred to Higher
Education /A.8073 - Referred to Higher Education
2010: S.6252 - Referred to Rules/A.8073 - Referred to Higher
Education.
2009: S.6252 - Referred to Higher Education

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


January 1 next succeeding the date after it shall have become a law;
with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2141--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 11, 2013
                               ___________

Introduced  by  Sens. LANZA, ADDABBO, CARLUCCI -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Higher
  Education  --  recommitted  to  the  Committee  on Higher Education in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation to the licensure of ther-
  apeutic recreation specialists; and to amend chapter 676 of  the  laws
  of 2002, amending the education law and the social services law relat-
  ing  to licensing mental health practitioners, in relation to prevent-
  ing prohibitions or limitations  on  the  activities  or  services  of
  certain persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article  156-A
to read as follows:
                              ARTICLE 156-A
                   THERAPEUTIC RECREATION SPECIALISTS
SECTION 7950. DEFINITIONS.
        7951. EVALUATION AND TREATMENT AUTHORIZATION.
        7952. PROHIBITION  ON  UNAUTHORIZED PRACTICE; PROFESSIONAL IDEN-
                TIFICATION.
        7953. COERCION PROHIBITED.
        7954. ELIGIBILITY FOR LICENSURE.
        7955. RENEWAL OF LICENSE.
        7956. REVOCATION, SUSPENSION OR DENIAL OF LICENSURE.
        7957. RECIPROCITY.
  S 7950. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS STATE THERAPEUTIC RECREATION LICENSURE BOARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05473-05-4

S. 2141--A                          2

  2.  "THERAPEUTIC  RECREATION  SPECIALIST"  MEANS  A PERSON LICENSED TO
PRACTICE RECREATIONAL THERAPY IN THE STATE.
  3.  "RECREATIONAL  THERAPY" OR "THERAPEUTIC RECREATION" MEANS A TREAT-
MENT SERVICE DESIGNED TO RESTORE, REMEDIATE AND REHABILITATE A  PERSON'S
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, EMOTIONAL AND COGNITIVE AND PROGRAM-
MATIC ELEMENTS NECESSARY FOR INVOLVEMENT AND MODIFYING THOSE ELEMENTS TO
PROMOTE FULL PARTICIPATION 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) THERAPEUTIC RECREATION 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 PLAN  THAT  IDENTIFIES
AN INDIVIDUAL'S GOALS, OBJECTIVES AND TREATMENT INTERVENTION STRATEGIES;
  (III) IMPLEMENTING THE INDIVIDUALIZED PLAN THAT IS CONSISTENT WITH THE
OVERALL TREATMENT PROGRAM;
  (IV) SYSTEMATICALLY EVALUATING AND COMPARING THE INDIVIDUAL'S RESPONSE
TO THE INDIVIDUALIZED 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 THERAPEUTIC RECREATION SPECIALIST MAY BE PERFORMED WITH-

S. 2141--A                          3

OUT REFERRAL. INITIATION OF THERAPEUTIC RECREATION SERVICES TO  INDIVID-
UALS WITH MEDICALLY-RELATED CONDITIONS SHALL BE BASED ON A REFERRAL FROM
ANY  QUALIFIED  HEALTH  CARE  PROFESSIONAL THAT, WITHIN THE SCOPE OF THE
PROFESSIONAL'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 THERAPEUTIC RECREATION 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  THERAPEUTIC  RECREATION   FROM
PERFORMING THERAPEUTIC RECREATION THAT IS INCIDENTAL TO THEIR RESPECTIVE
COURSES  OF  STUDY OR SUPERVISED WORK. THE BOARD SHALL ADOPT RULES RELA-
TIVE TO SCHOOLS OR COURSES ALLOWING  STUDENTS  TO  PRACTICE  UNDER  THIS
SUBDIVISION.
  2.  LICENSED  THERAPEUTIC  RECREATION  SPECIALISTS MAY USE THE LETTERS
"TRS/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  THERAPEUTIC  RECREATION  IS  PROVIDED  OR  SUPPLIED,
INCLUDING  THE  BILLING OF SERVICES LABELED AS THERAPEUTIC RECREATION OR
RECREATIONAL THERAPY, UNLESS SUCH SERVICES ARE PROVIDED UNDER THE DIREC-
TION  OF  A  THERAPEUTIC  RECREATION  SPECIALIST/RECREATIONAL  THERAPIST
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 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 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

S. 2141--A                          4

CONDITIONS. CONDITIONS IMPOSED MAY INCLUDE A REQUIREMENT FOR  CONTINUING
EDUCATION,  PRACTICE  UNDER  THE  SUPERVISION  OF A LICENSED THERAPEUTIC
RECREATION SPECIALIST OR ANY OTHER CONDITIONS SET FORTH IN THIS ARTICLE.
  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 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 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 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. 2141--A                          5

  S 2. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
amending the education law and  the  social  services  law  relating  to
licensing  mental  health practitioners, as amended by section 2 of part
AA of chapter 57 of the laws of 2013, is amended to read as follows:
  a.  In  relation to activities and services provided under article 153
of the education law, nothing in this act shall prohibit or  limit  such
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  arti-
cle  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.
In relation to activities and services provided under article 163 of the
education law, nothing in this act shall prohibit or limit  such  activ-
ities  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, the office of children and family services, the  depart-
ment  of  corrections and community supervision, the office of temporary
and disability assistance, the  state  office  for  the  aging  and  the
department  of  health  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, pursuant
to authority granted by law. This section shall not authorize the use of
any title authorized pursuant to article 153, 156-A or 163 of the educa-
tion law by any such employed person, except as  otherwise  provided  by
such  articles  respectively. This section shall be deemed repealed July
1, 2016.
  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 to subdivision a of section 17-a of chapter  676  of
the  laws  of  2002 made by section two of this act shall not affect the
repeal of such section and shall be deemed repealed therewith;  provided
further  that  the  education department 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.

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