[atlas:bill]

AN ACT Relating to recreation therapy; amending RCW 18.130.040; adding a new chapter to Title 18 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The overriding mission of therapeutic recreation is the provision of purposeful intervention designed to help clients grow and to assist them to prevent or relieve problems through recreation and leisure. It is a systematic methodology through a progression of phases, including assessment, planning, implementation, and evaluation. It is not a limited or restricted concept of service carried out only within the constraints of institutional care, but is a client-centered model that reflects a concern for the total well-being of the client. Recreation therapy is cost-effective and can decrease the costs of health care services by reducing primary and secondary disabilities. In anticipation of the expansion in long-term care, physical and psychiatric rehabilitation, and services for people with disabilities, the legislature finds and declares that the registration of recreational therapists is in the interest of the public health and safety.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of health.

(2) "Recreation therapy" means the use of recreational, and/or community activities to include leisure counseling and community integration as treatment intervention to improve functional leisure and community competence of persons with a physical, cognitive, emotional, behavioral, or social disability. The primary purpose of recreation therapy is the use of leisure and community integration activities to restore, remediate, or rehabilitate persons in order to improve functioning and independence, as well as reduce or eliminate the effects of illness or disability.

(3) "Recreational therapist" means a person registered under this chapter.

(4) "Registration" means the registration issued to a person under this chapter.

(5) "Secretary" means the secretary of health or the secretary's designee.

NEW SECTION. Sec. 3. No person may practice or represent oneself as a registered recreational therapist by use of any title without being registered to practice by the department of health, unless otherwise exempted by this chapter.

NEW SECTION. Sec. 4. Nothing in this chapter may be construed to prohibit or restrict:

(1) The practice by an individual licensed, certified, or registered under the laws of this state and performing services within the authorized scope of practice;

(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

(3) The practice by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

NEW SECTION. Sec. 5. In addition to any other authority provided by law, the secretary has the authority to:

(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;

(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;

(3) Establish forms and procedures necessary to administer this chapter;

(4) Register any applicants who have met the requirements for registration and to deny registration to applicants who do not meet the requirements of this chapter, except that proceedings concerning the denial of registration based upon unprofessional conduct or impairment is governed by the uniform disciplinary act, chapter 18.130 RCW;

(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; and

(6) Maintain the official department record of all applicants and persons registered under this chapter.

NEW SECTION. Sec. 6. The secretary must keep an official record of all proceedings. A part of the record shall consist of a register of all applicants for registration under this chapter and the results of each application.

NEW SECTION. Sec. 7. (1) Applicants for registration under this chapter are subject to the grounds for denial of a registration under chapter 18.130 RCW.

(2) The secretary must issue a registration to an applicant who completes an application form that identifies the name and address of the applicant, the registration requested, and information required by the secretary necessary to establish whether there are grounds for denial of a registration.

NEW SECTION. Sec. 8. Applications for registration must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in this chapter and chapter 18.130 RCW. Each applicant must pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.

NEW SECTION. Sec. 9. The secretary must establish by rule the procedural requirements and fees for renewal of a registration. Failure to renew invalidates the registration and all privileges granted by the registration.

NEW SECTION. Sec. 10. The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and denial of a registration, unauthorized practice, and the discipline of persons registered under this chapter. The secretary is the disciplining authority under this chapter.

Sec. 11. RCW 18.130.040 and 2001 c 251 s 27 are each amended to read as follows:

(1) This chapter applies only to the secretary and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.

(2)(a) The secretary has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Naturopaths licensed under chapter 18.36A RCW;

(iii) Midwives licensed under chapter 18.50 RCW;

(iv) Ocularists licensed under chapter 18.55 RCW;

(v) Massage operators and businesses licensed under chapter 18.108 RCW;

(vi) Dental hygienists licensed under chapter 18.29 RCW;

(vii) Acupuncturists licensed under chapter 18.06 RCW;

(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;

(ix) Respiratory care practitioners licensed under chapter 18.89 RCW;

(x) Persons registered under chapter 18.19 RCW;

(xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter 18.225 RCW;

(xii) Persons registered as nursing pool operators under chapter 18.52C RCW;

(xiii) Nursing assistants registered or certified under chapter 18.88A RCW;

(xiv) Health care assistants certified under chapter 18.135 RCW;

(xv) Dietitians and nutritionists certified under chapter 18.138 RCW;

(xvi) Chemical dependency professionals certified under chapter 18.205 RCW;

(xvii) Sex offender treatment providers certified under chapter 18.155 RCW;

(xviii) Persons licensed and certified under chapter 18.73 RCW or RCW 18.71.205;

(xix) Persons registered as adult family home providers and resident managers under RCW 18.48.020;

(xx) Denturists licensed under chapter 18.30 RCW;

(xxi) Orthotists and prosthetists licensed under chapter 18.200 RCW; ((~~and~~))

(xxii) Surgical technologists registered under chapter 18.215 RCW; and

(xxiii) Recreational therapists.

(b) The boards and commissions having authority under this chapter are as follows:

(i) The podiatric medical board as established in chapter 18.22 RCW;

(ii) The chiropractic quality assurance commission as established in chapter 18.25 RCW;

(iii) The dental quality assurance commission as established in chapter 18.32 RCW;

(iv) The board of hearing and speech as established in chapter 18.35 RCW;

(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;

(vi) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vii) The board of osteopathic medicine and surgery as established in chapter 18.57 RCW governing licenses issued under chapters 18.57 and 18.57A RCW;

(viii) The board of pharmacy as established in chapter 18.64 RCW governing licenses issued under chapters 18.64 and 18.64A RCW;

(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(x) The board of physical therapy as established in chapter 18.74 RCW;

(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;

(xii) The nursing care quality assurance commission as established in chapter 18.79 RCW governing licenses issued under that chapter;

(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and

(xiv) The veterinary board of governors as established in chapter 18.92 RCW.

(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered pursuant to RCW 18.130.160 by the disciplining authority.

(4) All disciplining authorities shall adopt procedures to ensure substantially consistent application of this chapter, the Uniform Disciplinary Act, among the disciplining authorities listed in subsection (2) of this section.

NEW SECTION. Sec. 12. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 13. Sections 1 through 10 and 12 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 14. This act takes effect July 1, 2003.