Stricken language would be deleted from and underlined language would be added to present law.
*JMB115* 01/24/2025 8:39:25 AM JMB115
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1218 3
4
By: Representatives J. Mayberry, Duffield, Pilkington 5
By: Senator C. Penzo 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE LICENSURE FOR THERAPEUTIC RECREATION 9
SPECIALISTS; TO CREATE THE THERAPEUTIC RECREATION 10
PRACTICE ACT; AND FOR OTHER PURPOSES. 11
12
13
Subtitle 14
TO CREATE LICENSURE FOR THERAPEUTIC 15
RECREATION SPECIALISTS; AND TO CREATE 16
THE THERAPEUTIC RECREATION PRACTICE ACT. 17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code Title 17, is amended to add an additional 21
chapter to read as follows: 22
CHAPTER 108 — THERAPEUTIC RECREATION SPECIALISTS 23
24
Subchapter 1 — General Provisions 25
26
17-108-101. Title. 27
This chapter shall be known and may be cited as the "Therapeutic 28
Recreation Practice Act". 29
30
17-108-102. Purpose. 31
The purpose of this chapter is to provide for the regulation of persons 32
offering therapeutic recreation services to the public in order to: 33
(1) Safeguard the public health, safety, and welfare; 34
(2) Protect the public from being misled by incompetent and 35
unauthorized persons; and 36 HB1218
2 01/24/2025 8:39:25 AM JMB115
(3) Ensure the highest degree of professional conduct on the 1
part of therapeutic recreation specialists and the availability of 2
therapeutic recreation services to persons in need of therapeutic recreation 3
services. 4
5
17-108-103. Definitions. 6
As used in this chapter: 7
(1)(A) "Therapeutic recreation" means the specialized 8
application of recreation to assist with the treatment or maintenance, or 9
both, of the health status, functional abilities, recreational and leisure 10
activities, and quality of life for individuals hospitalized or receiving 11
treatment, or both, for various diagnoses and individuals with disabilities. 12
(B) "Therapeutic recreation" includes without limitation: 13
(i) Remediating or restoring an individual’s 14
participation levels in recreational and leisure activities that are limited 15
due to impairment in physical, cognitive, social, or emotional abilities; 16
(ii) Analyzing and evaluating recreational 17
activities to determine the physical, social, and programmatic elements 18
necessary for involvement in recreational and leisure activities and 19
modifying the physical, social, and programmatic elements to promote full 20
participation and maximization of functional independence in recreational and 21
leisure activities; 22
(iii) Using recreational modalities in designed 23
intervention strategies to maximize physical, cognitive, social, or emotional 24
abilities to promote participation in recreational and leisure activities; 25
(iv) Conducting an individualized assessment to 26
collect systematic, comprehensive, and accurate data necessary to determine 27
the course of action and subsequent individualized treatment plan; 28
(v) Planning and developing an individualized 29
therapeutic recreation treatment plan that identifies an individual’s goals, 30
objectives, and potential treatment intervention strategies for recreational 31
and leisure activities; 32
(vi) Implementing an individualized therapeutic 33
recreation treatment plan that is consistent with an overall treatment 34
program; 35
(vii) Systematically evaluating and comparing an 36 HB1218
3 01/24/2025 8:39:25 AM JMB115
individual’s response to his or her individualized therapeutic recreation 1
treatment plan and suggesting modifications as appropriate; 2
(viii) Developing a discharge plan in collaboration 3
with an individual, the individual’s family, the treatment team, and other 4
identified support networks where appropriate; 5
(ix) Identifying and training in the use of adaptive 6
recreational equipment; 7
(x) Identifying, providing, and educating 8
individuals to use recreational and leisure resources that support a healthy, 9
active, and engaged life; 10
(xi) Minimizing the impact of environmental 11
constraints as a barrier to participation in recreational and leisure 12
activities; 13
(xii) Collaborating with and educating an 14
individual, the individual’s family, the individual’s caregiver, and other 15
persons to foster an environment that is responsive to the recreational and 16
leisure needs of the individual; and 17
(xiii) Consulting with groups, programs, 18
organizations, or communities to improve physical, social, and programmatic 19
accessibility in recreational and leisure activities; and 20
(2) "Therapeutic recreation specialist" means a person licensed 21
to practice therapeutic recreation in this state. 22
23
17-108-104. Unlawful practice — Exemptions. 24
(a) A person shall not practice or hold himself or herself out as 25
being able to practice therapeutic recreation or provide therapeutic 26
recreation services in this state unless the person is licensed under this 27
chapter as a therapeutic recreation specialist. 28
(b) This chapter does not prevent or restrict the practice, services, 29
or activities of: 30
(1) A person of other licensed professions or personnel 31
supervised by licensed professions in this state from performing work 32
incidental to the practice of his or her profession or occupation, if that 33
person does not represent himself or herself as a therapeutic recreation 34
specialist; 35
(2) A person enrolled in a course of study leading to a degree 36 HB1218
4 01/24/2025 8:39:25 AM JMB115
or certificate in therapeutic recreation from performing therapeutic 1
recreation services incidental to the person’s course work when supervised 2
by a licensed professional, if the person is designated by a title which 3
clearly indicates his or her status as a student; 4
(3) A person whose training and national certification attests 5
to the individual’s preparation and ability to practice his or her 6
profession, if that person does not represent himself or herself as a 7
therapeutic recreation specialist; 8
(4)(A) A therapeutic recreation assistant providing therapeutic 9
recreation services under the direct supervision of a therapeutic recreation 10
specialist licensed in this state. 11
(B) A therapeutic recreation assistant is not permitted to 12
conduct assessments or develop treatment plans; 13
(5) A person providing recreational programs to an individual 14
with disabilities as a normal part of the leisure lifestyle of the individual 15
with disabilities; 16
(6)(A) A person employed by the United States Government while 17
in the discharge of his or her official duties. 18
(B) If a person under subdivision (b)(6)(A) of this 19
section engages in the practice of therapeutic recreation outside of his or 20
her official duties, the person is required to be licensed under this 21
chapter; and 22
(7) Any occupational therapist or occupational therapy assistant 23
in the area of recreation and leisure. 24
25
17-108-105. Penalties. 26
(a) A person who violates any of the provisions of this chapter upon 27
conviction shall be guilty of a misdemeanor and shall be punished by 28
imprisonment for not more than six (6) months or by a fine not exceeding one 29
thousand five hundred dollars ($1,500), or by both fine and imprisonment, at 30
the discretion of the court. 31
(b) It shall be the duty of the prosecuting attorney in the county 32
where the violation occurs, upon request by the Department of Health, to 33
initiate proper legal proceedings in a court of competent jurisdiction to 34
enforce the provisions of this chapter. 35
(c) A person found guilty of a violation of this chapter may be 36 HB1218
5 01/24/2025 8:39:25 AM JMB115
subject to emergency suspension or revocation of licensure dependent upon the 1
findings. 2
(d)(1) The courts of this state have jurisdiction and power to enjoin 3
the unlawful practice of therapeutic recreation and related techniques in a 4
proceeding by the department or by any citizen of this state in the county in 5
which the alleged unlawful practice occurred, the county in which the 6
defendant resides, or in Pulaski County. 7
(2) The issuance of an injunction does not relieve a person from 8
criminal prosecution for violation of this chapter, but the remedy of 9
injunction shall be in addition to liability to criminal prosecution. 10
11
17-108-106. Criminal background checks. 12
(a) An applicant applying for a therapeutic recreation specialist 13
license issued by the Department of Health shall apply to the Identification 14
Bureau of the Division of Arkansas State Police for a state and federal 15
criminal background check to be conducted by the Identification Bureau of the 16
Division of Arkansas State Police and the Federal Bureau of Investigation. 17
(b) If an applicant has a conviction listed under § 17 -3-102, the 18
department shall deny the application to be a therapeutic recreation 19
specialist or waive the disqualification under the procedures under § 17 -3-20
102. 21
22
17-108-107. Advertisement as therapeutic recreation specialist without 23
a license. 24
(a) A person shall not advertise in any manner or otherwise represent 25
himself or herself as a therapeutic recreation specialist or as a provider of 26
therapeutic recreation or recreation therapy services unless the person is 27
licensed under this chapter. 28
(b)(1) A violation of this section is a misdemeanor. 29
(2) Upon conviction, the Department of Health, in consultation 30
with the Recreational Therapy Technical Advisory Committee, may: 31
(A) Revoke his or her license; 32
(B) Suspend his or her license for a period not to exceed 33
six (6) months from the date of the hearing; or 34
(C) Place restrictions on the person's license in the form 35
of probation as determined by the department. 36 HB1218
6 01/24/2025 8:39:25 AM JMB115
1
Subchapter 2 — Recreational Therapy Technical Advisory Committee 2
3
17-108-201. Recreational Therapy Technical Advisory Committee — 4
Creation and membership. 5
(a) There is created the Recreational Therapy Technical Advisory 6
Committee within the Department of Health. 7
(b)(1) The committee shall consist of five (5) members, who shall be 8
appointed by the Secretary of the Department of Health, for a term of three 9
(3) years. 10
(2)(A) Three (3) members shall be therapeutic recreation 11
specialists under this chapter. 12
(B) Two (2) members, to represent the public, shall not be 13
engaged in or retired from the practice of therapeutic recreation. 14
(c)(1)(A) The initial professional members shall be appointed for 15
staggered terms of one (1) year, two (2) years, and three (3) years. 16
(B) The initial lay members shall be appointed for 17
staggered terms of one (1) year and two (2) years. 18
(2) The terms of each initial member shall expire July 1 of 19
the year of the end of his or her term regardless of the date of appointment. 20
(d) A vacancy shall be filled by the department in the same manner as 21
the original appointment. 22
(e)(1) The committee shall meet at least quarterly. 23
(2) At the initial meeting, the members shall elect a chair who 24
shall represent the committee at all meetings of the department. 25
(3) The Secretary of the Department of Health shall call the 26
first meeting of the committee. 27
(f) Three (3) members of the committee shall constitute a quorum for 28
the purpose of conducting official business of the committee. 29
30
17-108-202. Recreational Therapy Technical Advisory Committee — Powers 31
and duties. 32
The Recreational Therapy Technical Advisory Committee shall: 33
(1) Advise the Department of Health on all matters pertaining to 34
the licensure, education, and continuing education requirements for 35
therapeutic recreation specialists and the practice of therapeutic recreation 36 HB1218
7 01/24/2025 8:39:25 AM JMB115
in this state; and 1
(2) Assist and advise the department in all hearings involving 2
therapeutic recreation specialists who are deemed to be in violation of this 3
chapter. 4
5
17-108-203. Department of Health — Powers and duties. 6
(a) The Department of Health shall: 7
(1) Determine, as recommended by the Recreational Therapy 8
Technical Advisory Committee, the qualifications of applicants for licensure 9
and determine which applicants successfully pass the required examinations 10
for licensure; 11
(2) Determine necessary fees to carry out this chapter; 12
(3) Make investigations and inspections to ensure compliance 13
with this chapter and the rules of the department; 14
(4) Conduct hearings as required under the Arkansas 15
Administrative Procedure Act, § 25 -15-201 et seq.; 16
(5) Report to the prosecuting attorney having jurisdiction or 17
the Attorney General an act committed by a person that may constitute a 18
misdemeanor under this chapter; 19
(6) Initiate prosecution and civil proceedings; 20
(7) Suspend, revoke, or deny the license of a therapeutic 21
recreation specialist for violation of this chapter or rules of the 22
department; 23
(8) Maintain a record listing the name of each therapeutic 24
recreation specialist licensed in this state; 25
(9)(A) Compile a list of therapeutic recreation specialists 26
licensed to practice in this state. 27
(B) The list shall be available to any person upon 28
application to the department and the payment of a fee as determined by 29
the department for the reasonable expense under this chapter; and 30
(10) Make expenditures and employ personnel for the 31
administration of this chapter. 32
(b) The department may promulgate the rules regarding the requirements 33
for licensure, standards for training, standards for institutions for 34
training, and standards of practice after licensure, including power of 35
revocation of a license to practice therapeutic recreation. 36 HB1218
8 01/24/2025 8:39:25 AM JMB115
1
17-108-204. Employees. 2
(a) The Department of Health may employ an executive director, regular 3
or special counsel, inspectors, clerks, secretaries, and other personnel that 4
the department deems necessary to carry out the provisions of this chapter. 5
(b) An employee under this section shall not have any financial 6
interest in the practice or instruction of therapeutic recreation. 7
8
Subchapter 3 — Licensure 9
10
17-108-301. Qualifications of licensure. 11
(a) Except as provided in subsection (b) of this section, the 12
Department of Health may issue a license to practice as a therapeutic 13
recreation specialist to an applicant who: 14
(1) Is at least eighteen (18) years of age; 15
(2) Has successfully completed an academic program with a 16
baccalaureate degree or higher from an accredited college or university with 17
a major in therapeutic recreation or a major in recreation or leisure 18
with an option or emphasis, or both, in therapeutic recreation; 19
(3) Has successfully completed a period of field experience 20
under the supervision of a therapeutic recreation specialist approved by the 21
educational institution where the applicant has met his or her academic 22
requirements; 23
(4) Has successfully completed the proctored examination 24
approved by the department; and 25
(5) Submits an application with a fee as determined by the 26
department. 27
(b) The department may grant initial licenses to a therapeutic 28
recreation specialist who is certified by the National Council for 29
Therapeutic Recreation Certification before July 1, 2015, and who holds an 30
active certified therapeutic recreation specialist credential issued by the 31
National Council for Therapeutic Recreation Certification. 32
33
17-108-302. Licensure without examination. 34
Upon proper application and payment of fees, the Department of Health 35
may issue a license without examination to a person who is licensed or 36 HB1218
9 01/24/2025 8:39:25 AM JMB115
otherwise certified as a therapeutic recreation specialist by another state 1
or national certifying body which has substantially the same standards for 2
licensure as are required by this state under this chapter. 3
4
17-108-303. Temporary License. 5
(a) Upon proper application and payment of fees, the Department of 6
Health may issue a temporary license to a person who has applied for a 7
license under this chapter and who is eligible to take the examination under 8
this chapter. 9
(b) The temporary license shall: 10
(1) Be available to an applicant only for his or her first 11
application for licensure; and 12
(2) Expire upon notice that the applicant has or has not passed 13
the examination. 14
15
17-108-304. Renewals. 16
(a) All licenses under this chapter are valid for two (2) years from 17
the date of issuance. 18
(b) Upon receipt of a renewal application and renewal fees as 19
determined by the Department of Health, the department may renew a license as 20
a therapeutic recreation specialist if the person: 21
(1) Has completed a minimum of one hundred (100) hours of 22
experience performing therapeutic recreation services; and 23
(2) Has completed a minimum of twenty (20) hours of continuing 24
education related to the practice of therapeutic recreation and other 25
requirements established by rule of the department. 26
(c)(1) The department may, upon notice and opportunity for a hearing, 27
deny an application for renewal or reinstate a license with conditions. 28
(2) The conditions imposed upon a license under subdivision 29
(c)(1) of this section may include a requirement for continuing education, 30
practice under the supervision of a therapeutic recreation specialist, or any 31
other conditions deemed appropriate by the department. 32
33
17-108-305. Title and practice protection. 34
(a)(1) A person or entity shall not use or assume the title 35
“therapeutic recreation specialist”, "licensed therapeutic recreation 36 HB1218
10 01/24/2025 8:39:25 AM JMB115
specialist", "certified therapeutic specialist" or the abbreviation "TRS", 1
"TRS/L", "CTRS", or "CTRS/L", or use any words, letters, abbreviations, or 2
insignia indicating or implying directly or indirectly that the person holds 3
a therapeutic recreation specialist license or is providing therapeutic 4
recreation services unless the person is licensed under this chapter. 5
(2) A person may only use the abbreviation "CTRS/L" if the 6
person maintains credentials with the National Council for Therapeutic 7
Recreation Certification. 8
(b) This section does not apply to a person who is providing 9
therapeutic recreation services under the direction of a therapeutic 10
recreation specialist licensed under this chapter. 11
12
17-108-306. Referrals. 13
(a) Consultation and evaluation by a therapeutic recreation specialist 14
may be performed without a referral. 15
(b) Initiation of therapeutic recreation services to individuals with 16
medically related conditions shall be based on a referral from a physician 17
who is either a medical doctor or a doctor of osteopathy. 18
(c) Prevention, wellness, education, adaptive sports, recreation, and 19
related services shall not require a referral. 20
21
17-108-307. Delegation of tasks. 22
(a) A person shall not coerce a therapeutic recreation specialist into 23
compromising client safety by requiring the therapeutic recreation specialist 24
to delegate activities or tasks if the therapeutic recreation specialist 25
determines that it is inappropriate to delegate a task. 26
(b) A therapeutic recreation specialist is not subject to disciplinary 27
action by the Department of Health for refusing to delegate activities or 28
tasks or refusing to provide the required training for delegation if the 29
therapeutic recreation specialist determines that the delegation may 30
compromise client safety. 31
32
17-108-308. Grounds for denial, revocation, or suspension. 33
The Department of Health may deny, revoke, suspend, place on probation, 34
or refuse to renew a license if the department finds that the individual or 35
licensee has: 36 HB1218
11 01/24/2025 8:39:25 AM JMB115
(1) Been convicted of a felony listed under § 17 -3-102; or 1
(2) Violated a rule of the department or any law regulating the 2
practice of therapeutic recreation. 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36