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1 State of Arkansas As Engrossed: H3/4/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1218
4
5 By: Representatives J. Mayberry, Duffield, Pilkington
6 By: Senator C. Penzo
7
8 For An Act To Be Entitled
9 AN ACT TO CREATE LICENSURE FOR THERAPEUTIC RECREATION
10 SPECIALISTS; TO CREATE THE THERAPEUTIC RECREATION
11 PRACTICE ACT; AND FOR OTHER PURPOSES.
12
13
14 Subtitle
15 TO CREATE LICENSURE FOR THERAPEUTIC
16 RECREATION SPECIALISTS; AND TO CREATE
17 THE THERAPEUTIC RECREATION PRACTICE ACT.
18
19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
20
21 SECTION 1. Arkansas Code Title 17, is amended to add an additional
22 chapter to read as follows:
23 CHAPTER 108 -- THERAPEUTIC RECREATION SPECIALISTS
24
25 Subchapter 1 -- General Provisions
26
27 17-108-101. Title.
28 This chapter shall be known and may be cited as the "Therapeutic
29 Recreation Practice Act".
30
31 17-108-102. Purpose.
32 The purpose of this chapter is to provide for the regulation of persons
33 offering therapeutic recreation services to the public in order to:
34 (1) Safeguard the public health, safety, and welfare;
35 (2) Protect the public from being misled by incompetent and
36 unauthorized persons; and
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1 (3) Ensure the highest degree of professional conduct on the
2 part of therapeutic recreation specialists and the availability of
3 therapeutic recreation services to persons in need of therapeutic recreation
4 services.
5
6 17-108-103. Definitions.
7 As used in this chapter:
8 (1)(A) "Therapeutic recreation" means the specialized
9 application of recreation to assist with the treatment or maintenance, or
10 both, of the health status, functional abilities, recreational and leisure
11 activities, and quality of life for individuals hospitalized or receiving
12 treatment, or both, for various diagnoses and individuals with disabilities.
13 (B) "Therapeutic recreation" includes without limitation:
14 (i) Remediating or restoring an individual's
15 participation levels in recreational and leisure activities that are limited
16 due to impairment in physical, cognitive, social, or emotional abilities;
17 (ii) Analyzing and evaluating recreational
18 activities to determine the physical, social, and programmatic elements
19 necessary for involvement in recreational and leisure activities and
20 modifying the physical, social, and programmatic elements to promote full
21 participation and maximization of functional independence in recreational and
22 leisure activities;
23 (iii) Using recreational modalities in designed
24 intervention strategies to maximize physical, cognitive, social, or emotional
25 abilities to promote participation in recreational and leisure activities;
26 (iv) Conducting an individualized assessment to
27 collect systematic, comprehensive, and accurate data necessary to determine
28 the course of action and subsequent individualized treatment plan;
29 (v) Planning and developing an individualized
30 therapeutic recreation treatment plan that identifies an individual's goals,
31 objectives, and potential treatment intervention strategies for recreational
32 and leisure activities;
33 (vi) Implementing an individualized therapeutic
34 recreation treatment plan that is consistent with an overall treatment
35 program;
36 (vii) Systematically evaluating and comparing an
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1 individual's response to his or her individualized therapeutic recreation
2 treatment plan and suggesting modifications as appropriate;
3 (viii) Developing a discharge plan in collaboration
4 with an individual, the individual's family, the treatment team, and other
5 identified support networks where appropriate;
6 (ix) Identifying and training in the use of adaptive
7 recreational equipment;
8 (x) Identifying, providing, and educating
9 individuals to use recreational and leisure resources that support a healthy,
10 active, and engaged life;
11 (xi) Minimizing the impact of environmental
12 constraints as a barrier to participation in recreational and leisure
13 activities;
14 (xii) Collaborating with and educating an
15 individual, the individual's family, the individual's caregiver, and other
16 persons to foster an environment that is responsive to the recreational and
17 leisure needs of the individual; and
18 (xiii) Consulting with groups, programs,
19 organizations, or communities to improve physical, social, and programmatic
20 accessibility in recreational and leisure activities; and
21 (2) "Therapeutic recreation specialist" means a person licensed
22 to practice therapeutic recreation in this state.
23
24 17-108-104. Unlawful practice -- Exemptions.
25 (a) A person shall not practice or hold himself or herself out as
26 being able to practice therapeutic recreation or provide therapeutic
27 recreation services in this state unless the person is licensed under this
28 chapter as a therapeutic recreation specialist.
29 (b) This chapter does not prevent or restrict the practice, services,
30 or activities of:
31 (1) A person of other licensed professions or personnel
32 supervised by licensed professions in this state from performing work
33 incidental to the practice of his or her profession or occupation, if that
34 person does not represent himself or herself as a therapeutic recreation
35 specialist;
36 (2) A person enrolled in a course of study leading to a degree
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1 or certificate in therapeutic recreation from performing therapeutic
2 recreation services incidental to the person's course work when supervised
3 by a licensed professional, if the person is designated by a title which
4 clearly indicates his or her status as a student;
5 (3) A person whose training and national certification attests
6 to the individual's preparation and ability to practice his or her
7 profession, if that person does not represent himself or herself as a
8 therapeutic recreation specialist;
9 (4)(A) A therapeutic recreation assistant providing therapeutic
10 recreation services under the direct supervision of a therapeutic recreation
11 specialist licensed in this state.
12 (B) A therapeutic recreation assistant is not permitted to
13 conduct assessments or develop treatment plans;
14 (5) A person employed by a licensed or certified provider of
15 services for individuals with intellectual and developmental disabilities
16 that provides recreational activities as a part of his or her duties;
17 (6) A person providing recreational programs to an individual
18 with disabilities as a normal part of the leisure lifestyle of the individual
19 with disabilities, including supporting individuals with intellectual and
20 developmental disabilities in Special Olympics, Miracle League, and other
21 community activities;
22 (7)(A) A person employed by the United States Government while
23 in the discharge of his or her official duties.
24 (B) If a person under subdivision (b)(6)(A) of this
25 section engages in the practice of therapeutic recreation outside of his or
26 her official duties, the person is required to be licensed under this
27 chapter; and
28 (8) Any occupational therapist or occupational therapy assistant
29 in the area of recreation and leisure.
30
31 17-108-105. Penalties.
32 (a) A person who violates any of the provisions of this chapter upon
33 conviction shall be guilty of a misdemeanor and shall be punished by
34 imprisonment for not more than six (6) months or by a fine not exceeding one
35 thousand five hundred dollars ($1,500), or by both fine and imprisonment, at
36 the discretion of the court.
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1 (b) It shall be the duty of the prosecuting attorney in the county
2 where the violation occurs, upon request by the Department of Health, to
3 initiate proper legal proceedings in a court of competent jurisdiction to
4 enforce the provisions of this chapter.
5 (c) A person found guilty of a violation of this chapter may be
6 subject to emergency suspension or revocation of licensure dependent upon the
7 findings.
8 (d)(1) The courts of this state have jurisdiction and power to enjoin
9 the unlawful practice of therapeutic recreation and related techniques in a
10 proceeding by the department or by any citizen of this state in the county in
11 which the alleged unlawful practice occurred, the county in which the
12 defendant resides, or in Pulaski County.
13 (2) The issuance of an injunction does not relieve a person from
14 criminal prosecution for violation of this chapter, but the remedy of
15 injunction shall be in addition to liability to criminal prosecution.
16
17 17-108-106. Criminal background checks.
18 (a) An applicant applying for a therapeutic recreation specialist
19 license issued by the Department of Health shall apply to the Identification
20 Bureau of the Division of Arkansas State Police for a state and federal
21 criminal background check to be conducted by the Identification Bureau of the
22 Division of Arkansas State Police and the Federal Bureau of Investigation.
23 (b) If an applicant has a conviction listed under � 17-3-102, the
24 department shall deny the application to be a therapeutic recreation
25 specialist or waive the disqualification under the procedures under � 17-3-
26 102.
27
28 17-108-107. Advertisement as therapeutic recreation specialist without
29 a license.
30 (a) A person shall not advertise in any manner or otherwise represent
31 himself or herself as a therapeutic recreation specialist or as a provider of
32 therapeutic recreation or recreation therapy services unless the person is
33 licensed under this chapter.
34 (b)(1) A violation of this section is a misdemeanor.
35 (2) Upon conviction, the Department of Health, in consultation
36 with the Recreational Therapy Technical Advisory Committee, may:
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1 (A) Revoke his or her license;
2 (B) Suspend his or her license for a period not to exceed
3 six (6) months from the date of the hearing; or
4 (C) Place restrictions on the person's license in the form
5 of probation as determined by the department.
6
7 Subchapter 2 -- Recreational Therapy Technical Advisory Committee
8
9 17-108-201. Recreational Therapy Technical Advisory Committee --
10 Creation and membership.
11 (a) There is created the Recreational Therapy Technical Advisory
12 Committee within the Department of Health.
13 (b)(1) The committee shall consist of five (5) members, who shall be
14 appointed by the Secretary of the Department of Health, for a term of three
15 (3) years.
16 (2)(A) Three (3) members shall be therapeutic recreation
17 specialists under this chapter.
18 (B) Two (2) members, to represent the public, shall not be
19 engaged in or retired from the practice of therapeutic recreation.
20 (c)(1)(A) The initial professional members shall be appointed for
21 staggered terms of one (1) year, two (2) years, and three (3) years.
22 (B) The initial lay members shall be appointed for
23 staggered terms of one (1) year and two (2) years.
24 (2) The terms of each initial member shall expire July 1 of
25 the year of the end of his or her term regardless of the date of appointment.
26 (d) A vacancy shall be filled by the department in the same manner as
27 the original appointment.
28 (e)(1) The committee shall meet at least quarterly.
29 (2) At the initial meeting, the members shall elect a chair who
30 shall represent the committee at all meetings of the department.
31 (3) The Secretary of the Department of Health shall call the
32 first meeting of the committee.
33 (f) Three (3) members of the committee shall constitute a quorum for
34 the purpose of conducting official business of the committee.
35
36 17-108-202. Recreational Therapy Technical Advisory Committee -- Powers
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1 and duties.
2 The Recreational Therapy Technical Advisory Committee shall:
3 (1) Advise the Department of Health on all matters pertaining to
4 the licensure, education, and continuing education requirements for
5 therapeutic recreation specialists and the practice of therapeutic recreation
6 in this state; and
7 (2) Assist and advise the department in all hearings involving
8 therapeutic recreation specialists who are deemed to be in violation of this
9 chapter.
10
11 17-108-203. Department of Health -- Powers and duties.
12 (a) The Department of Health shall:
13 (1) Determine, as recommended by the Recreational Therapy
14 Technical Advisory Committee, the qualifications of applicants for licensure
15 and determine which applicants successfully pass the required examinations
16 for licensure;
17 (2) Determine necessary fees to carry out this chapter;
18 (3) Make investigations and inspections to ensure compliance
19 with this chapter and the rules of the department;
20 (4) Conduct hearings as required under the Arkansas
21 Administrative Procedure Act, � 25-15-201 et seq.;
22 (5) Report to the prosecuting attorney having jurisdiction or
23 the Attorney General an act committed by a person that may constitute a
24 misdemeanor under this chapter;
25 (6) Initiate prosecution and civil proceedings;
26 (7) Suspend, revoke, or deny the license of a therapeutic
27 recreation specialist for violation of this chapter or rules of the
28 department;
29 (8) Maintain a record listing the name of each therapeutic
30 recreation specialist licensed in this state;
31 (9)(A) Compile a list of therapeutic recreation specialists
32 licensed to practice in this state.
33 (B) The list shall be available to any person upon
34 application to the department and the payment of a fee as determined by
35 the department for the reasonable expense under this chapter; and
36 (10) Make expenditures and employ personnel for the
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1 administration of this chapter.
2 (b) The department may promulgate the rules regarding the requirements
3 for licensure, standards for training, standards for institutions for
4 training, and standards of practice after licensure, including power of
5 revocation of a license to practice therapeutic recreation.
6
7 17-108-204. Employees.
8 (a) The Department of Health may employ an executive director, regular
9 or special counsel, inspectors, clerks, secretaries, and other personnel that
10 the department deems necessary to carry out the provisions of this chapter.
11 (b) An employee under this section shall not have any financial
12 interest in the practice or instruction of therapeutic recreation.
13
14 Subchapter 3 -- Licensure
15
16 17-108-301. Qualifications of licensure.
17 (a) Except as provided in subsection (b) of this section, the
18 Department of Health may issue a license to practice as a therapeutic
19 recreation specialist to an applicant who:
20 (1) Is at least eighteen (18) years of age;
21 (2) Has successfully completed an academic program with a
22 baccalaureate degree or higher from an accredited college or university with
23 a major in therapeutic recreation or a major in recreation or leisure
24 with an option or emphasis, or both, in therapeutic recreation;
25 (3) Has successfully completed a period of field experience
26 under the supervision of a therapeutic recreation specialist approved by the
27 educational institution where the applicant has met his or her academic
28 requirements;
29 (4) Has successfully completed the proctored examination
30 approved by the department; and
31 (5) Submits an application with a fee as determined by the
32 department.
33 (b) The department may grant initial licenses to a therapeutic
34 recreation specialist who is certified by the National Council for
35 Therapeutic Recreation Certification before July 1, 2015, and who holds an
36 active certified therapeutic recreation specialist credential issued by the
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1 National Council for Therapeutic Recreation Certification.
2
3 17-108-302. Licensure without examination.
4 Upon proper application and payment of fees, the Department of Health
5 may issue a license without examination to a person who is licensed or
6 otherwise certified as a therapeutic recreation specialist by another state
7 or national certifying body which has substantially the same standards for
8 licensure as are required by this state under this chapter.
9
10 17-108-303. Temporary License.
11 (a) Upon proper application and payment of fees, the Department of
12 Health may issue a temporary license to a person who has applied for a
13 license under this chapter and who is eligible to take the examination under
14 this chapter.
15 (b) The temporary license shall:
16 (1) Be available to an applicant only for his or her first
17 application for licensure; and
18 (2) Expire upon notice that the applicant has or has not passed
19 the examination.
20
21 17-108-304. Renewals.
22 (a) All licenses under this chapter are valid for two (2) years from
23 the date of issuance.
24 (b) Upon receipt of a renewal application and renewal fees as
25 determined by the Department of Health, the department may renew a license as
26 a therapeutic recreation specialist if the person:
27 (1) Has completed a minimum of one hundred (100) hours of
28 experience performing therapeutic recreation services; and
29 (2) Has completed a minimum of twenty (20) hours of continuing
30 education related to the practice of therapeutic recreation and other
31 requirements established by rule of the department.
32 (c)(1) The department may, upon notice and opportunity for a hearing,
33 deny an application for renewal or reinstate a license with conditions.
34 (2) The conditions imposed upon a license under subdivision
35 (c)(1) of this section may include a requirement for continuing education,
36 practice under the supervision of a therapeutic recreation specialist, or any
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1 other conditions deemed appropriate by the department.
2
3 17-108-305. Title and practice protection.
4 (a)(1) A person or entity shall not use or assume the title
5 "therapeutic recreation specialist", "licensed therapeutic recreation
6 specialist", "certified therapeutic specialist" or the abbreviation "TRS",
7 "TRS/L", "CTRS", or "CTRS/L", or use any words, letters, abbreviations, or
8 insignia indicating or implying directly or indirectly that the person holds
9 a therapeutic recreation specialist license or is providing therapeutic
10 recreation services unless the person is licensed under this chapter.
11 (2) A person may only use the abbreviation "CTRS/L" if the
12 person maintains credentials with the National Council for Therapeutic
13 Recreation Certification.
14 (b) This section does not apply to a person who is providing
15 therapeutic recreation services under the direction of a therapeutic
16 recreation specialist licensed under this chapter.
17
18 17-108-306. Referrals.
19 (a) Consultation and evaluation by a therapeutic recreation specialist
20 may be performed without a referral.
21 (b) Initiation of therapeutic recreation services to individuals with
22 medically related conditions shall be based on a referral from a physician
23 who is either a medical doctor or a doctor of osteopathy.
24 (c) Prevention, wellness, education, adaptive sports, recreation, and
25 related services shall not require a referral.
26
27 17-108-307. Delegation of tasks.
28 (a) A person shall not coerce a therapeutic recreation specialist into
29 compromising client safety by requiring the therapeutic recreation specialist
30 to delegate activities or tasks if the therapeutic recreation specialist
31 determines that it is inappropriate to delegate a task.
32 (b) A therapeutic recreation specialist is not subject to disciplinary
33 action by the Department of Health for refusing to delegate activities or
34 tasks or refusing to provide the required training for delegation if the
35 therapeutic recreation specialist determines that the delegation may
36 compromise client safety.
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1
2 17-108-308. Grounds for denial, revocation, or suspension.
3 The Department of Health may deny, revoke, suspend, place on probation,
4 or refuse to renew a license if the department finds that the individual or
5 licensee has:
6 (1) Been convicted of a felony listed under � 17-3-102; or
7 (2) Violated a rule of the department or any law regulating the
8 practice of therapeutic recreation.
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