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.
