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Arkansas House Bill HB1218

Arkansas 2025 Regular Session

Arkansas House Bill HB1218 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *JMB115* 01/24/2025 8:39:25 AM JMB115
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1218 3
66 4
77 By: Representatives J. Mayberry, Duffield, Pilkington 5
88 By: Senator C. Penzo 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE LICENSURE FOR THERAPEUTIC RECREATION 9
1212 SPECIALISTS; TO CREATE THE THERAPEUTIC RECREATION 10
1313 PRACTICE ACT; AND FOR OTHER PURPOSES. 11
1414 12
1515 13
1616 Subtitle 14
1717 TO CREATE LICENSURE FOR THERAPEUTIC 15
1818 RECREATION SPECIALISTS; AND TO CREATE 16
1919 THE THERAPEUTIC RECREATION PRACTICE ACT. 17
2020 18
2121 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2222 20
2323 SECTION 1. Arkansas Code Title 17, is amended to add an additional 21
2424 chapter to read as follows: 22
2525 CHAPTER 108 — THERAPEUTIC RECREATION SPECIALISTS 23
2626 24
2727 Subchapter 1 — General Provisions 25
2828 26
2929 17-108-101. Title. 27
3030 This chapter shall be known and may be cited as the "Therapeutic 28
3131 Recreation Practice Act". 29
3232 30
3333 17-108-102. Purpose. 31
3434 The purpose of this chapter is to provide for the regulation of persons 32
3535 offering therapeutic recreation services to the public in order to: 33
3636 (1) Safeguard the public health, safety, and welfare; 34
3737 (2) Protect the public from being misled by incompetent and 35
3838 unauthorized persons; and 36 HB1218
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4141 (3) Ensure the highest degree of professional conduct on the 1
4242 part of therapeutic recreation specialists and the availability of 2
4343 therapeutic recreation services to persons in need of therapeutic recreation 3
4444 services. 4
4545 5
4646 17-108-103. Definitions. 6
4747 As used in this chapter: 7
4848 (1)(A) "Therapeutic recreation" means the specialized 8
4949 application of recreation to assist with the treatment or maintenance, or 9
5050 both, of the health status, functional abilities, recreational and leisure 10
5151 activities, and quality of life for individuals hospitalized or receiving 11
5252 treatment, or both, for various diagnoses and individuals with disabilities. 12
5353 (B) "Therapeutic recreation" includes without limitation: 13
5454 (i) Remediating or restoring an individual’s 14
5555 participation levels in recreational and leisure activities that are limited 15
5656 due to impairment in physical, cognitive, social, or emotional abilities; 16
5757 (ii) Analyzing and evaluating recreational 17
5858 activities to determine the physical, social, and programmatic elements 18
5959 necessary for involvement in recreational and leisure activities and 19
6060 modifying the physical, social, and programmatic elements to promote full 20
6161 participation and maximization of functional independence in recreational and 21
6262 leisure activities; 22
6363 (iii) Using recreational modalities in designed 23
6464 intervention strategies to maximize physical, cognitive, social, or emotional 24
6565 abilities to promote participation in recreational and leisure activities; 25
6666 (iv) Conducting an individualized assessment to 26
6767 collect systematic, comprehensive, and accurate data necessary to determine 27
6868 the course of action and subsequent individualized treatment plan; 28
6969 (v) Planning and developing an individualized 29
7070 therapeutic recreation treatment plan that identifies an individual’s goals, 30
7171 objectives, and potential treatment intervention strategies for recreational 31
7272 and leisure activities; 32
7373 (vi) Implementing an individualized therapeutic 33
7474 recreation treatment plan that is consistent with an overall treatment 34
7575 program; 35
7676 (vii) Systematically evaluating and comparing an 36 HB1218
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7979 individual’s response to his or her individualized therapeutic recreation 1
8080 treatment plan and suggesting modifications as appropriate; 2
8181 (viii) Developing a discharge plan in collaboration 3
8282 with an individual, the individual’s family, the treatment team, and other 4
8383 identified support networks where appropriate; 5
8484 (ix) Identifying and training in the use of adaptive 6
8585 recreational equipment; 7
8686 (x) Identifying, providing, and educating 8
8787 individuals to use recreational and leisure resources that support a healthy, 9
8888 active, and engaged life; 10
8989 (xi) Minimizing the impact of environmental 11
9090 constraints as a barrier to participation in recreational and leisure 12
9191 activities; 13
9292 (xii) Collaborating with and educating an 14
9393 individual, the individual’s family, the individual’s caregiver, and other 15
9494 persons to foster an environment that is responsive to the recreational and 16
9595 leisure needs of the individual; and 17
9696 (xiii) Consulting with groups, programs, 18
9797 organizations, or communities to improve physical, social, and programmatic 19
9898 accessibility in recreational and leisure activities; and 20
9999 (2) "Therapeutic recreation specialist" means a person licensed 21
100100 to practice therapeutic recreation in this state. 22
101101 23
102102 17-108-104. Unlawful practice — Exemptions. 24
103103 (a) A person shall not practice or hold himself or herself out as 25
104104 being able to practice therapeutic recreation or provide therapeutic 26
105105 recreation services in this state unless the person is licensed under this 27
106106 chapter as a therapeutic recreation specialist. 28
107107 (b) This chapter does not prevent or restrict the practice, services, 29
108108 or activities of: 30
109109 (1) A person of other licensed professions or personnel 31
110110 supervised by licensed professions in this state from performing work 32
111111 incidental to the practice of his or her profession or occupation, if that 33
112112 person does not represent himself or herself as a therapeutic recreation 34
113113 specialist; 35
114114 (2) A person enrolled in a course of study leading to a degree 36 HB1218
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117117 or certificate in therapeutic recreation from performing therapeutic 1
118118 recreation services incidental to the person’s course work when supervised 2
119119 by a licensed professional, if the person is designated by a title which 3
120120 clearly indicates his or her status as a student; 4
121121 (3) A person whose training and national certification attests 5
122122 to the individual’s preparation and ability to practice his or her 6
123123 profession, if that person does not represent himself or herself as a 7
124124 therapeutic recreation specialist; 8
125125 (4)(A) A therapeutic recreation assistant providing therapeutic 9
126126 recreation services under the direct supervision of a therapeutic recreation 10
127127 specialist licensed in this state. 11
128128 (B) A therapeutic recreation assistant is not permitted to 12
129129 conduct assessments or develop treatment plans; 13
130130 (5) A person providing recreational programs to an individual 14
131131 with disabilities as a normal part of the leisure lifestyle of the individual 15
132132 with disabilities; 16
133133 (6)(A) A person employed by the United States Government while 17
134134 in the discharge of his or her official duties. 18
135135 (B) If a person under subdivision (b)(6)(A) of this 19
136136 section engages in the practice of therapeutic recreation outside of his or 20
137137 her official duties, the person is required to be licensed under this 21
138138 chapter; and 22
139139 (7) Any occupational therapist or occupational therapy assistant 23
140140 in the area of recreation and leisure. 24
141141 25
142142 17-108-105. Penalties. 26
143143 (a) A person who violates any of the provisions of this chapter upon 27
144144 conviction shall be guilty of a misdemeanor and shall be punished by 28
145145 imprisonment for not more than six (6) months or by a fine not exceeding one 29
146146 thousand five hundred dollars ($1,500), or by both fine and imprisonment, at 30
147147 the discretion of the court. 31
148148 (b) It shall be the duty of the prosecuting attorney in the county 32
149149 where the violation occurs, upon request by the Department of Health, to 33
150150 initiate proper legal proceedings in a court of competent jurisdiction to 34
151151 enforce the provisions of this chapter. 35
152152 (c) A person found guilty of a violation of this chapter may be 36 HB1218
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155155 subject to emergency suspension or revocation of licensure dependent upon the 1
156156 findings. 2
157157 (d)(1) The courts of this state have jurisdiction and power to enjoin 3
158158 the unlawful practice of therapeutic recreation and related techniques in a 4
159159 proceeding by the department or by any citizen of this state in the county in 5
160160 which the alleged unlawful practice occurred, the county in which the 6
161161 defendant resides, or in Pulaski County. 7
162162 (2) The issuance of an injunction does not relieve a person from 8
163163 criminal prosecution for violation of this chapter, but the remedy of 9
164164 injunction shall be in addition to liability to criminal prosecution. 10
165165 11
166166 17-108-106. Criminal background checks. 12
167167 (a) An applicant applying for a therapeutic recreation specialist 13
168168 license issued by the Department of Health shall apply to the Identification 14
169169 Bureau of the Division of Arkansas State Police for a state and federal 15
170170 criminal background check to be conducted by the Identification Bureau of the 16
171171 Division of Arkansas State Police and the Federal Bureau of Investigation. 17
172172 (b) If an applicant has a conviction listed under § 17 -3-102, the 18
173173 department shall deny the application to be a therapeutic recreation 19
174174 specialist or waive the disqualification under the procedures under § 17 -3-20
175175 102. 21
176176 22
177177 17-108-107. Advertisement as therapeutic recreation specialist without 23
178178 a license. 24
179179 (a) A person shall not advertise in any manner or otherwise represent 25
180180 himself or herself as a therapeutic recreation specialist or as a provider of 26
181181 therapeutic recreation or recreation therapy services unless the person is 27
182182 licensed under this chapter. 28
183183 (b)(1) A violation of this section is a misdemeanor. 29
184184 (2) Upon conviction, the Department of Health, in consultation 30
185185 with the Recreational Therapy Technical Advisory Committee, may: 31
186186 (A) Revoke his or her license; 32
187187 (B) Suspend his or her license for a period not to exceed 33
188188 six (6) months from the date of the hearing; or 34
189189 (C) Place restrictions on the person's license in the form 35
190190 of probation as determined by the department. 36 HB1218
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193193 1
194194 Subchapter 2 — Recreational Therapy Technical Advisory Committee 2
195195 3
196196 17-108-201. Recreational Therapy Technical Advisory Committee — 4
197197 Creation and membership. 5
198198 (a) There is created the Recreational Therapy Technical Advisory 6
199199 Committee within the Department of Health. 7
200200 (b)(1) The committee shall consist of five (5) members, who shall be 8
201201 appointed by the Secretary of the Department of Health, for a term of three 9
202202 (3) years. 10
203203 (2)(A) Three (3) members shall be therapeutic recreation 11
204204 specialists under this chapter. 12
205205 (B) Two (2) members, to represent the public, shall not be 13
206206 engaged in or retired from the practice of therapeutic recreation. 14
207207 (c)(1)(A) The initial professional members shall be appointed for 15
208208 staggered terms of one (1) year, two (2) years, and three (3) years. 16
209209 (B) The initial lay members shall be appointed for 17
210210 staggered terms of one (1) year and two (2) years. 18
211211 (2) The terms of each initial member shall expire July 1 of 19
212212 the year of the end of his or her term regardless of the date of appointment. 20
213213 (d) A vacancy shall be filled by the department in the same manner as 21
214214 the original appointment. 22
215215 (e)(1) The committee shall meet at least quarterly. 23
216216 (2) At the initial meeting, the members shall elect a chair who 24
217217 shall represent the committee at all meetings of the department. 25
218218 (3) The Secretary of the Department of Health shall call the 26
219219 first meeting of the committee. 27
220220 (f) Three (3) members of the committee shall constitute a quorum for 28
221221 the purpose of conducting official business of the committee. 29
222222 30
223223 17-108-202. Recreational Therapy Technical Advisory Committee — Powers 31
224224 and duties. 32
225225 The Recreational Therapy Technical Advisory Committee shall: 33
226226 (1) Advise the Department of Health on all matters pertaining to 34
227227 the licensure, education, and continuing education requirements for 35
228228 therapeutic recreation specialists and the practice of therapeutic recreation 36 HB1218
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231231 in this state; and 1
232232 (2) Assist and advise the department in all hearings involving 2
233233 therapeutic recreation specialists who are deemed to be in violation of this 3
234234 chapter. 4
235235 5
236236 17-108-203. Department of Health — Powers and duties. 6
237237 (a) The Department of Health shall: 7
238238 (1) Determine, as recommended by the Recreational Therapy 8
239239 Technical Advisory Committee, the qualifications of applicants for licensure 9
240240 and determine which applicants successfully pass the required examinations 10
241241 for licensure; 11
242242 (2) Determine necessary fees to carry out this chapter; 12
243243 (3) Make investigations and inspections to ensure compliance 13
244244 with this chapter and the rules of the department; 14
245245 (4) Conduct hearings as required under the Arkansas 15
246246 Administrative Procedure Act, § 25 -15-201 et seq.; 16
247247 (5) Report to the prosecuting attorney having jurisdiction or 17
248248 the Attorney General an act committed by a person that may constitute a 18
249249 misdemeanor under this chapter; 19
250250 (6) Initiate prosecution and civil proceedings; 20
251251 (7) Suspend, revoke, or deny the license of a therapeutic 21
252252 recreation specialist for violation of this chapter or rules of the 22
253253 department; 23
254254 (8) Maintain a record listing the name of each therapeutic 24
255255 recreation specialist licensed in this state; 25
256256 (9)(A) Compile a list of therapeutic recreation specialists 26
257257 licensed to practice in this state. 27
258258 (B) The list shall be available to any person upon 28
259259 application to the department and the payment of a fee as determined by 29
260260 the department for the reasonable expense under this chapter; and 30
261261 (10) Make expenditures and employ personnel for the 31
262262 administration of this chapter. 32
263263 (b) The department may promulgate the rules regarding the requirements 33
264264 for licensure, standards for training, standards for institutions for 34
265265 training, and standards of practice after licensure, including power of 35
266266 revocation of a license to practice therapeutic recreation. 36 HB1218
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269269 1
270270 17-108-204. Employees. 2
271271 (a) The Department of Health may employ an executive director, regular 3
272272 or special counsel, inspectors, clerks, secretaries, and other personnel that 4
273273 the department deems necessary to carry out the provisions of this chapter. 5
274274 (b) An employee under this section shall not have any financial 6
275275 interest in the practice or instruction of therapeutic recreation. 7
276276 8
277277 Subchapter 3 — Licensure 9
278278 10
279279 17-108-301. Qualifications of licensure. 11
280280 (a) Except as provided in subsection (b) of this section, the 12
281281 Department of Health may issue a license to practice as a therapeutic 13
282282 recreation specialist to an applicant who: 14
283283 (1) Is at least eighteen (18) years of age; 15
284284 (2) Has successfully completed an academic program with a 16
285285 baccalaureate degree or higher from an accredited college or university with 17
286286 a major in therapeutic recreation or a major in recreation or leisure 18
287287 with an option or emphasis, or both, in therapeutic recreation; 19
288288 (3) Has successfully completed a period of field experience 20
289289 under the supervision of a therapeutic recreation specialist approved by the 21
290290 educational institution where the applicant has met his or her academic 22
291291 requirements; 23
292292 (4) Has successfully completed the proctored examination 24
293293 approved by the department; and 25
294294 (5) Submits an application with a fee as determined by the 26
295295 department. 27
296296 (b) The department may grant initial licenses to a therapeutic 28
297297 recreation specialist who is certified by the National Council for 29
298298 Therapeutic Recreation Certification before July 1, 2015, and who holds an 30
299299 active certified therapeutic recreation specialist credential issued by the 31
300300 National Council for Therapeutic Recreation Certification. 32
301301 33
302302 17-108-302. Licensure without examination. 34
303303 Upon proper application and payment of fees, the Department of Health 35
304304 may issue a license without examination to a person who is licensed or 36 HB1218
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307307 otherwise certified as a therapeutic recreation specialist by another state 1
308308 or national certifying body which has substantially the same standards for 2
309309 licensure as are required by this state under this chapter. 3
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311311 17-108-303. Temporary License. 5
312312 (a) Upon proper application and payment of fees, the Department of 6
313313 Health may issue a temporary license to a person who has applied for a 7
314314 license under this chapter and who is eligible to take the examination under 8
315315 this chapter. 9
316316 (b) The temporary license shall: 10
317317 (1) Be available to an applicant only for his or her first 11
318318 application for licensure; and 12
319319 (2) Expire upon notice that the applicant has or has not passed 13
320320 the examination. 14
321321 15
322322 17-108-304. Renewals. 16
323323 (a) All licenses under this chapter are valid for two (2) years from 17
324324 the date of issuance. 18
325325 (b) Upon receipt of a renewal application and renewal fees as 19
326326 determined by the Department of Health, the department may renew a license as 20
327327 a therapeutic recreation specialist if the person: 21
328328 (1) Has completed a minimum of one hundred (100) hours of 22
329329 experience performing therapeutic recreation services; and 23
330330 (2) Has completed a minimum of twenty (20) hours of continuing 24
331331 education related to the practice of therapeutic recreation and other 25
332332 requirements established by rule of the department. 26
333333 (c)(1) The department may, upon notice and opportunity for a hearing, 27
334334 deny an application for renewal or reinstate a license with conditions. 28
335335 (2) The conditions imposed upon a license under subdivision 29
336336 (c)(1) of this section may include a requirement for continuing education, 30
337337 practice under the supervision of a therapeutic recreation specialist, or any 31
338338 other conditions deemed appropriate by the department. 32
339339 33
340340 17-108-305. Title and practice protection. 34
341341 (a)(1) A person or entity shall not use or assume the title 35
342342 “therapeutic recreation specialist”, "licensed therapeutic recreation 36 HB1218
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345345 specialist", "certified therapeutic specialist" or the abbreviation "TRS", 1
346346 "TRS/L", "CTRS", or "CTRS/L", or use any words, letters, abbreviations, or 2
347347 insignia indicating or implying directly or indirectly that the person holds 3
348348 a therapeutic recreation specialist license or is providing therapeutic 4
349349 recreation services unless the person is licensed under this chapter. 5
350350 (2) A person may only use the abbreviation "CTRS/L" if the 6
351351 person maintains credentials with the National Council for Therapeutic 7
352352 Recreation Certification. 8
353353 (b) This section does not apply to a person who is providing 9
354354 therapeutic recreation services under the direction of a therapeutic 10
355355 recreation specialist licensed under this chapter. 11
356356 12
357357 17-108-306. Referrals. 13
358358 (a) Consultation and evaluation by a therapeutic recreation specialist 14
359359 may be performed without a referral. 15
360360 (b) Initiation of therapeutic recreation services to individuals with 16
361361 medically related conditions shall be based on a referral from a physician 17
362362 who is either a medical doctor or a doctor of osteopathy. 18
363363 (c) Prevention, wellness, education, adaptive sports, recreation, and 19
364364 related services shall not require a referral. 20
365365 21
366366 17-108-307. Delegation of tasks. 22
367367 (a) A person shall not coerce a therapeutic recreation specialist into 23
368368 compromising client safety by requiring the therapeutic recreation specialist 24
369369 to delegate activities or tasks if the therapeutic recreation specialist 25
370370 determines that it is inappropriate to delegate a task. 26
371371 (b) A therapeutic recreation specialist is not subject to disciplinary 27
372372 action by the Department of Health for refusing to delegate activities or 28
373373 tasks or refusing to provide the required training for delegation if the 29
374374 therapeutic recreation specialist determines that the delegation may 30
375375 compromise client safety. 31
376376 32
377377 17-108-308. Grounds for denial, revocation, or suspension. 33
378378 The Department of Health may deny, revoke, suspend, place on probation, 34
379379 or refuse to renew a license if the department finds that the individual or 35
380380 licensee has: 36 HB1218
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383383 (1) Been convicted of a felony listed under § 17 -3-102; or 1
384384 (2) Violated a rule of the department or any law regulating the 2
385385 practice of therapeutic recreation. 3
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