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.
