HOUSE BILL 478

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Rodolpho “Rudy” S. Martinez

AN ACT

RELATING TO LICENSURE; ENACTING THE RECREATIONAL THERAPY PRACTICE ACT IN CHAPTER 61 NMSA 1978; ESTABLISHING A RECREATIONAL THERAPY BOARD; PROVIDING FOR LICENSURE OF RECREATIONAL THERAPISTS; PROVIDING FOR RENEWAL, DENIAL, SUSPENSION, REVOCATION AND REINSTATEMENT OF LICENSES TO PRACTICE RECREATIONAL THERAPY; ESTABLISHING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Recreational Therapy Practice Act".".

     SECTION 2. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEFINITIONS.--As used in the Recreational Therapy Practice Act:

          A. "board" means the recreational therapy board;

          B. "department" means the regulation and licensing department;

          C. "individualized assessment" means a systematic collection of data to identify the strengths and limitations of an individual's physical, cognitive, social, behavioral, emotional and leisure capabilities and the interpretation and analysis of collected data to determine a course of action for recreational therapy services for a patient. An individualized assessment includes:

                (1) a review of an individual's medical records and other documentation pertinent to the individual's health and abilities;

                (2) the implementation of standardized and nonstandardized instruments, tests and measurements; and

                (3) the skilled observation and interview of an individual;

          D. "recreational therapist" means:

                (1) an individual who has been licensed by the board to practice recreational therapy in the state; or

                (2) an individual who:

                     (a) has been certified as a certified therapeutic recreation specialist by the national council for therapeutic recreation certification; and

                     (b) meets the minimum training, educational, experience and competency standards for licensure as a recreational therapist that the board has promulgated by rule; and

          E. "recreational therapy" means a treatment service designed to restore, remediate and rehabilitate an individual's level of functioning and independence in life activities and to promote health and wellness as well as reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition. "Recreational therapy" services include:

                (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 recreational therapy treatment plan;

                (2) planning and developing the individualized recreational therapy treatment plan that identifies the individual's goals, objectives and treatment intervention strategies;

                (3) implementing the individualized recreational therapy treatment plan that is consistent with the overall treatment program;

                (4) systematically evaluating and comparing the individual's response to the individualized recreational therapy treatment plan and suggesting modifications as appropriate;

                (5) developing a discharge plan in collaboration with the individual, the individual's family and other recreational therapy treatment team members;

                (6) identifying, designing, fabricating, applying or providing training in the use of adaptive recreational equipment;

                (7) identifying, applying and evaluating the use of noninvasive and nonpharmacological approaches to reduce or alleviate pain or manage pain to minimize its impact upon participation;

                (8) identifying, providing and educating individuals to use resources that support a healthy, active and engaged life;

                (9) minimizing the impact of environmental constraints as a barrier to participation;

                (10) collaborating with and educating the individual, the individual's family, the individual's caregiver and others to foster an environment that is responsive to the needs of the individual; and

                (11) consulting with groups, programs, organizations or communities to improve physical, social and programmatic accessibility."

     SECTION 3. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RECREATIONAL THERAPY BOARD--CREATION--MEMBERSHIP.--

          A. The "recreational therapy board" is created. The board is administratively attached to the department.

          B. The board consists of five members who are New Mexico residents. Members of the board shall be appointed by the governor to terms of four years. The terms shall be staggered, and the governor shall make appointments of two two-year terms, two three-year terms and one four-year term, if necessary, to produce staggered terms. Three members of the board shall be recreational therapists, each with at least five years of recreational therapy practice and each actively engaged in the practice of recreational therapy during the member's tenure on the board. Two members of the board shall be public members who have not been licensed and have no financial interest, direct or indirect, in the profession of recreational therapy.

          C. Each member of the board shall hold office until a successor has been appointed and qualified.

          D. A board member shall not serve more than two full consecutive terms.

          E. The board shall elect annually a chair and other officers as it deems necessary. The board shall meet as often as necessary for the conduct of business, but no less than twice a year. Meetings shall be held in accordance with the Open Meetings Act. Three members, at least one of whom must be a public member, shall constitute a quorum.

          F. A board member may be recommended for removal as a member of the board for failing to attend, after proper notice, three consecutive board meetings.

          G. Members of the board shall be reimbursed as provided for nonsalaried public officers pursuant to the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."

     SECTION 4. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] BOARD DUTIES--POWERS.--

          A. The board shall:

                (1) examine all applicants for licensure to practice recreational therapy and issue licenses or permits to those who are duly qualified;

                (2) regulate the practice of recreational therapy by interpreting and enforcing the provisions of the Recreational Therapy Practice Act, including taking disciplinary action as it deems necessary to uphold the provisions of that act;

                (3) provide for the timely orientation and training of new professional and public appointees to the board, including training in licensing and disciplinary procedures and orientation to all statutes, rules, policies and procedures of the board;

                (4) establish by rule educational requirements, including an academic major or specialization that conforms to the requirements of a national recreational therapy certification;

                (5) publish annually a list of academic programs that meet the educational standards for board licensure in recreational therapy; and

                (6) publish at least annually final disciplinary action taken against any recreational therapist.          B. The board may:

                (1) adopt and file, in accordance with the State Rules Act, rules necessary to carry out the provisions of the Recreational Therapy Practice Act, in accordance with the provisions of the Uniform Licensing Act;

                (2) establish minimum training, educational, experience and competency standards for licensure as a recreational therapist;

                (3) establish requirements for assessing continuing competency of recreational therapists;

                (4) collect fees as necessary to carry out the provisions of the Recreational Therapy Practice Act and rules that the board has promulgated pursuant to that act;

                (5) enter into contracts;

                (6) prescribe the forms of license certificates, application forms and such other documents as it deems necessary to carry out the provisions of the Recreational Therapy Practice Act;

                (7) pursuant to the Uniform Licensing Act, conduct hearings on charges against applicants, licensees or registrants and take actions described in Section 61-1-3 NMSA 1978;

                (8) bring an action for injunctive relief in district court seeking to enjoin a person from violating the provisions of the Recreational Therapy Practice Act;

                (9) issue cease and desist orders to persons violating the provisions of the Recreational Therapy Practice Act or any rule adopted by the board pursuant to that act;

                (10) adopt an annual budget;

                (11) adopt a code of professional conduct; and

                (12) provide for the investigation of complaints against licensees."

     SECTION 5. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] RECREATIONAL THERAPIST LICENSURE--REQUIREMENTS--LICENSURE BY CREDENTIALS.--

          A. The board shall license any individual as a recreational therapist who meets the following educational, credentialing and experience requirements:

                (1) passage of an appropriate examination as a therapeutic recreation specialist or a recreational therapist by the board or current certification as a certified therapeutic recreation specialist by the national council for therapeutic recreation certification; and

                (2) having a minimum level of education or experience, as defined by board rules, including practice competency standards or guidelines promulgated by recreational therapy professional associations and credentialing and accrediting organizations.

          B. After successful completion of an examination, the board may license an applicant who possesses a valid license in good standing to practice recreational therapy issued by the appropriate examining board under the laws of any other state or territory of the United States, the District of Columbia or any foreign nation and has met educational and examination requirements equal to or exceeding those established pursuant to the Recreational Therapy Practice Act.

          C. The name of a recreational therapist may be immediately followed by the initials "R.T.", as a right and privilege of licensure."

     SECTION 6. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] TEMPORARY LICENSURE.--

          A. Prior to examination in accordance with board rules, an applicant for licensure may obtain a temporary license to engage in the practice of recreational therapy if the applicant meets all the requirements for licensure except completion of the examination.

          B. A temporary license is valid until the results of the next scheduled examination are available and a license is issued or denied.

          C. No more than one temporary license may be issued to an individual, and no temporary license shall be issued to an applicant who has previously failed the examination."

     SECTION 7. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] LICENSE RENEWAL--INACTIVE STATUS.--

          A. The board shall renew the license of a recreational therapist who has:

                (1) submitted a renewal application and application and renewal fees in accordance with board rules;

                (2) fulfilled board requirements for continuing education; and

                (3) met any other requirements that the board has established and promulgated by rule for license renewal eligibility.

          B. The board shall provide a sixty-day grace period to each licensee after the end of the renewal period that the board has prescribed by rule, during which time a license may be renewed upon payment of the renewal fee and a late fee as prescribed by the board.

          C. A recreational therapy license not renewed at the end of the sixty-day grace period shall be placed on inactive status for a period not to exceed two years. At the end of two years, if the license has not been reactivated, it shall automatically expire.

          D. If within a period of two years from the date the license was placed on inactive status the recreational therapist wishes to resume practice, the board shall be notified in writing, and, upon proof of completion of any continuing education or refresher courses prescribed by rule of the board and payment of an amount set by the board in lieu of all renewal and late fees, the license shall be restored in full."

     SECTION 8. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DENIAL, SUSPENSION, REVOCATION AND REINSTATEMENT OF LICENSES.--

          A. Pursuant to the Uniform Licensing Act, the board may take disciplinary action against an individual licensed pursuant to the Recreational Therapy Practice Act.

          B. The board may take an action set forth in Section 61-1-3 NMSA 1978 upon a finding by the board that a licensee or applicant for licensure:

                (1) is guilty of fraud, deceit or misrepresentation;

                (2) attempted to use as the licensee's or applicant's own the license of another;

                (3) allowed the use of the licensee's license by another;

                (4) has been adjudicated as mentally incompetent by regularly constituted authorities;

                (5) has been convicted of any offense punishable by incarceration in a state penitentiary or federal prison. A copy of the record of conviction, certified by the clerk of the court entering the conviction, is conclusive evidence of the conviction;

                (6) is guilty of unprofessional or unethical conduct or a violation of board rules;

                (7) is habitually and excessively using controlled substances or alcohol;

                (8) is guilty of false, deceptive or misleading advertising;

                (9) is guilty of aiding, assisting or advertising any unlicensed person in the practice of recreational therapy;

                (10) is grossly negligent or incompetent in the practice of recreational therapy;

                (11) has had a license to practice recreational therapy revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for acts of the licensee or registrant similar to acts described in this section. A certified copy of the record of the revocation, suspension or denial shall be conclusive evidence of the conviction; or

                (12) is guilty of failing to comply with a provision of the Recreational Therapy Practice Act or rules of the board adopted pursuant to that act and filed in accordance with the State Rules Act.

          C. Disciplinary proceedings may be instituted by sworn complaint of any person, including a member of the board, and shall conform with the provisions of the Uniform Licensing Act.

          D. The board may establish guidelines for the disposition of disciplinary cases. Those guidelines may include minimum and maximum fines, periods of probation, conditions of probation or reissuance of a license. Any fine assessed pursuant to the Recreational Therapy Practice Act shall be deposited into the current school fund.

          E. A licensee who has been found culpable and sanctioned by the board shall be responsible for the payments of all costs of the disciplinary proceedings.

          F. One year from the date of revocation of a license under the Recreational Therapy Practice Act, application for reinstatement may be made to the board for restoration of the license. The board shall provide by rule for the criteria governing application and examination for restoration of a revoked license."

     SECTION 9. A new section of Chapter 61 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] OFFENSES--CRIMINAL PENALTIES.--A person who does any of the following is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978:

          A. violates a provision of the Recreational Therapy Practice Act or rules adopted pursuant to that act;

          B. renders or attempts to render recreational therapy services without the required current valid license issued by the board; or

          C. advertises or uses a designation, diploma or certificate implying that the person is a recreational therapist, or uses of the initials "R.T." after the person's name, unless the person holds a current valid license issued by the board."

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