6076873 Health, Department of - Notice of Proposed Rulemaking - To update and modernize the rules applicable to recreational therapists registered in the District and set standards for professional practice as well as continuing professional ...
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DEPARTMENT OF HEALTH
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Health, pursuant to the authority set forth in § 302(14) of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2012 Repl.)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the intent to take proposed rulemaking action by adopting the following amendments to Chapter 72 (Recreation Therapy) of Title 17 (Business, Occupations, and Professionals) of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from date of publication of this notice in the D.C. Register.
The purpose of this rulemaking is to update and modernize the rules applicable to recreational therapists registered in the District and set standards for professional practice as well as continuing professional competency.
Chapter 72, RECREATION THERAPY, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, is amended to read as follows:
CHAPTER 72 RECREATIONAL THERAPY
7200 APPLICABILITY
7200.1 This chapter applies to applicants and holders of a registration to practice recreational therapy. This chapter applies only to persons practicing under the title Recreational Therapist or Certified Therapeutic Recreation Specialist.
7200.2 Chapter 40 (General Rules) and Chapter 41 (Administrative Procedures) of this title shall supplement this chapter.
7201 TERM OF REGISTRATION
7201.1 Subject to § 7201.2, a registration issued pursuant to this chapter shall expire at 12:00 Midnight on February 28th of each even numbered year.
7201.2 If the Director changes the renewal system pursuant to § 4006.3 of Chapter 40 of this title, a registration issued pursuant to this chapter shall expire at 12:00 midnight of the last day of the month of the birthdate of the holder of the registration, or other date established by the Director.
7202 EDUCATION, TRAINING, AND EXPERIENCE REQUIREMENTS FOR RECREATIONAL THERAPISTS
7202.1 An applicant for registration to practice as a recreational therapist shall meet the education, training, and experience requirements by furnishing to the Director satisfactory proof that the applicant has been certified by the National Council for Therapeutic Recreation Certification (NCTRC) at the professional level of Certified Therapeutic Recreation Specialist (CTRS).
7202.2 The requirement of § 7202.1 shall not apply to recreational therapists who were registered in the District as of December 31, 1995 and maintain continuous registration without interruption.
7203 SCOPE OF PRACTICE OF REGISTERED RECREATIONAL THERAPIST OR CERTIFIED THERAPEUTIC RECREATION SPECIALIST
7203.1 An individual registered under this chapter as a recreational therapist may engage in the "practice of recreational therapy" as defined in this section.
7203.2 As used in this chapter, the “practice of recreational therapy" means the use of the title Recreational Therapist by persons who meet the education, training, and experience requirements of § 7202.1; or the use of the title Certified Therapeutic Recreation Specialist by persons who meet the education and training requirements of § 7202.1. All persons registered pursuant to the Act and these rules are entitled to use the title Recreational Therapist.
7203.3 The practice of recreational therapy shall include the following:
(a) All direct patient or client services of assessment;
(b) Planning;
(c) Design;
(d) Implementation;
(e) Evaluation;
(f) Documentation of specific interventions;
(g) Management;
(h) Consultation;
(i) Research; and
(j) Education for either individuals or groups that require specific therapeutic recreation or recreational therapy intervention with such services being provided for recreation resources and opportunities to improve health and well-being.
7204 LAWFUL PRACTICE
7204.1 Any person who practices or offers to practice recreational therapy in the District of Columbia as defined by § 7203.2 shall be registered pursuant to these rules.
7204.2 Except those who obtained registration to practice recreational therapy pursuant to § 7202.2, any person who practices or offers to practice recreational therapy in the District shall maintain, without interruption, his or her certification as CTRS by the NCTRC.
7204.3 A recreational therapist registered in the District shall use the letters “RRT” or “CTRS/RRT” in connection with the recreational therapist’s name or place of business to denote registration pursuant to the Act.
7205 CONTINUING EDUCATION REQUIREMENTS
7205.1 This section shall apply to applicants for a renewal, reactivation, or reinstatement of a registration for the term expiring February 28, 2018 and for all subsequent terms. This section shall not apply to applicants for an initial registration or applicants seeking a renewal of their registration for the first time after the initial registration.
7205.2 A continuing education contact hour shall be valid only if it is part of a program or activity that the Board approves in accordance with § 7206 and § 7207.
7205.3 An applicant for registration renewal shall complete a minimum of twenty (20) contact hours of approved continuing education in accordance with § 7206 and § 7207 during the two (2) year period preceding the date the registration expires.
7205.4 The Board may require proof of completion of the required continuing education. Such proof shall include the following information:
(a) The name and address of the sponsor of the program;
(b) The name of the program, its location, a description of the subject matter covered, and the names of the instructors;
(c) The date and time of attendance;
(d) The number of contact hours claimed;
(e) Verification by the sponsor of the person’s completion, by signature or stamp of the sponsor; and
(f) The name of the person completing the program.
7205.5 If the registration of a recreational therapist expires while serving in the military whenever the United States is engaged in active military operations against any foreign power or hostile force, and if the required continuing education hours were not earned during the earning period, the recreational therapist shall be required to complete the required continuing education hours needed no later than six (6) months after discharge from active service, return to inactive military status, or return to the United States from an active war zone.
7205.6 The continuing education contact hours completed to satisfy the requirement of § 7205.5 shall not be counted toward meeting the continuing education requirement for the next or subsequent registration term.
7205.7 The credits received for each approved continuing education program shall be applied in full toward meeting the continuing education requirements for each registration term. The proration of continuing education credits over more than one (1) registration term shall not be allowed.
7205.8 A recreational therapist who is licensed, registered, or certified to practice in a jurisdiction other than the District shall meet the requirements of this section in order to be eligible for registration renewal in the District.
7206 APPROVED CONTINUING EDUCATION PROGRAMS AND ACTIVITIES
7206.1 The Board may approve continuing education programs and activities that contribute to the professional competence in the practice of recreational therapy and meet the other requirements of this section.
7206.2 The Board may approve continuing education programs and activities that are relevant to the practice or education of recreational therapists based on the following information:
(a) Current subject matter with course description;
(b) Content focus;
(c) Learning outcomes;
(d) Target audience;
(e) Satisfactory completion of the course by the course participant; and
(f) The number of contact hours or continuing education units.
7206.3 The Board may approve the following types of programs or activities provided that they are consistent with the requirements of this chapter:
(a) Programs or activities sponsored by the state or local recreational therapy organizations, such as the Chesapeake Area Recreational Therapy Association (CHARTRA);
(b) Programs or activities sponsored, offered, or certified by the American Therapeutic Recreation Association (ATRA);
(c) Programs or activities approved for continuing education credit by boards of allied health;
(d) Programs or activities sponsored by disability-specific advocacy groups;
(e) Programs or activities sponsored by an accredited healthcare facility; or
(f) Programs or activities sponsored by an accredited college or university.
7206.4 The following programs or activities shall not meet the requirement of § 7206.1 and shall not be approved as continuing education required under this chapter:
(a) Mandatory non-clinical in-service competency or education programs including, but not limited to, Basic Cardiac Life Support (BCLS) or Cardiopulmonary Resuscitation (CPR), first aid, infection control, emergency preparedness, or documentation update; and
(b) Mandatory organization-specific trainings or programs required as part of job performance or development.
7206.5 The Board may grant continuing education credits for the following activities:
(a) Serving as an author of self-study article or series;
(b) Serving as an instructor or speaker at a conference program or an academic course;
(c) Serving as an instructor at a peer-reviewed or non-peer-reviewed seminar, workshop, or in-service training, whether in-person or web-based;
(d) Serving as supervisor for persons authorized to practice pursuant to § 7211.2(c);
(e) Serving as a clinical instructor for students of recreational therapy or students of any other health occupation;
(f) Authoring or editing a published book, a published chapter in a book, or a published article in a professional journal or other nationally recognized publication;
(g) Participating as a primary clinical internship educator for recreational therapy students;
(h) Participating in board or committee work in connection with an agency or a non-profit organization whose mission is to promote and enhance the practice of recreational therapy; or
(i) Participating in research as a principal investigator or research assistant.
7206.6 The person seeking continuing education credit shall bear the burden of establishing to the Board’s satisfaction that any supervisory activities, professional volunteer activities, or services as an instructor, speaker, publisher or editor are eligible for continuing education credit and approval in accordance with § 7206.1.
7207 CONTINUING EDUCATION CREDITS
7207.1 The Board may grant continuing education credit for whole hours only, with a minimum of fifty (50) minutes constituting one (1) contact hour.
7207.2 For approved undergraduate or graduate courses, each semester hour of credit shall constitute fifteen (15) contact hours of continuing education, and each quarter hour of credit shall constitute ten (10) contact hours of continuing education.
7207.3 The Board may grant continuing education credit for the activities described in §§ 7206.5(a), (b), or (c) subject to the following restrictions:
(a) The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded for participants;
(b) The maximum amount of credit which may be granted pursuant to this subsection is fifty percent (50%) of an applicant's continuing education requirement;
(c) If an applicant had previously received credit in connection with a particular presentation, the Board shall not grant credit in connection with a subsequent presentation unless it involves either a different or a substantially modified program; and
(d) The presentation shall have been completed during the period for which credit is claimed and the applicant shall include documentation of the following:
(1) A copy of the official program or syllabus;
(2) The presentation title;
(3) The date of the presentation;
(4) The hours of the presentation;
(5) The type of audience addressed; and
(6) A verification of attendance signed by the sponsor.
7207.4 The Board may grant up to four (4) continuing education contact hours per renewal period for the activities described in § 7206.5(d). The supervisor shall submit a copy of the supervised practice letter and verification of supervision to receive continuing education credits.
7207.5 The Board may grant one (1) continuing education contact hour for each hour of clinical instruction, up to a maximum of six (6) contact hours per renewal period for the activities described in § 7206.5(e), with the following documentation:
(a) Name of student as verified by the school;
(b) Name of the school;
(c) Dates and duration of instruction; and
(d) Signature of the program director.
7207.6 The Board may grant up to six (6) continuing education contact hours per renewal period for the activities described in § 7206.5(f), if the book, chapter, or article was published or accepted for publication during the period for which credit is claimed, and satisfactory proof is submitted to the Board.
7207.7 The Board may grant up to six (6) continuing education contact hours per renewal period for the activities described in § 7206.5(g), with the following documentation:
(a) Name of student as verified by the school;
(b) Name of the school;
(c) Dates of the internship; and
(d) Signature page of student evaluation excluding evaluation scores and comments on student.
7207.8 The Board may grant up to three (3) continuing education contact hours for the activities described in § 7206.5(h), provided that such participation totaled no less than eighteen (18) hours during a registration term. The applicant shall provide the following documentation:
(a) Name of the committee, board, agency or organization;
(b) Purpose for service;
(c) Description of duties and roles; and
(d) Validation of service by an officer or representative of the organization.
7207.9 The Board may grant up to six (6) continuing education contact hours for the activities described in § 7206.5(i), provided that such participation is sufficiently documented.
7207.10 The Board may require proof of a recreational therapist’s completion of continuing education at the completion of a renewal period. A recreational therapist shall:
(a) Maintain the required proof of completion for each continuing competence activity as specified in these regulations; and
(b) Retain documentation of a continuing competence activity for a minimum of two (2) years following the last day of the registration term for which the continuing competence activity was completed.
7208 CONTINUING EDUCATION AUDIT
7208.1 The Board may audit up to twenty percent (20%) of the number of registered recreational therapists to determine compliance with the continuing education contact hour requirements.
7208.2 Upon notification by the Board that a registrant has been selected for an audit, the registrant shall submit the required documentation within thirty (30) days of receipt of the notice.
7208.3 A registrant who fails to provide proof of continuing education compliance during an audit may be subject to an audit in the subsequent registration term.
7209 REACTIVATION
7209.1 The requirements of this section shall apply to persons whose registration under this chapter has been placed in inactive status and seeks reactivation of their registration in accordance with § 511 of the Act, D.C. Official Code § 3-1205.11.
7209.2 An applicant for reactivation of a recreational therapy registration who has been inactive five (5) years or less and does not hold a registration or equivalent in any other jurisdiction shall submit proof pursuant to § 7205 of having completed ten (10) continuing education contact hours in clinical coursework in an approved continuing education program for each year that the applicant was not registered, up to a maximum of fifty (50) hours. The applicant shall also submit proof that he or she possesses a current CTRS certification or that he or she met the requirement of § 7202.2.
7209.3 A reactivation applicant who has been inactive for more than 5 (five) years and who does not hold an active registration or equivalent in any other jurisdiction shall submit proof pursuant to § 7205 of having completed the following:
(a) Ten (10) contact hours in clinical coursework in an approved continuing competence program for each year that the applicant was not registered, up to a maximum of fifty (50) hours. Twenty (20) of those contact hours shall have been completed within two (2) years prior to the date the application is submitted; and
(b) One hundred sixty (160) hours of clinical training supervised by a registered recreational therapist within the two (2) months prior to the date the application is submitted.
7209.4 A reactivation applicant who holds an active registration or equivalent in any other jurisdiction shall not be required to submit proof of continuing education contact hours with the reactivation application.
7210 REINSTATEMENT
7210.1 The requirements of this section shall apply to persons with expired registration who seek reinstatement within five (5) years in accordance with § 512(a) of the Act, D.C. Official Code § 3-1205.12(a).
7310.2 A person may not apply for reinstatement if his or her registration has expired for more than five (5) years.
7310.3 A reinstatement applicant may be eligible for reinstatement of his or her registration only if he or she holds a current, active certification as a Certified Therapeutic Recreation Specialist (CTRS) issued by the National Council for Therapeutic Recreation Certification (NCTRC) and submits satisfactory proof of ten (10) continuing education contact hours in clinical coursework in an approved continuing competence program for each year that the applicant was not registered, up to a maximum of fifty (50) hours. Twenty (20) of those contact hours shall have been completed within two (2) years prior to the date the application is submitted
7211 PRACTICE OF RECREATIONAL THERAPY BY A STUDENT OR PERSON SEEKING REGISTRATION
7211.1 A student of recreational therapy or a person seeking registration may practice only under the general supervision of a recreational therapist with valid, unrestricted registration in the District and in accordance with this section.
7211.2 Only the following person may practice under this section:
(a) A student whose practice fulfills their educational requirements as described in § 103(c) of the Act, D.C. Official Code § 3-1201.03(c);
(b) An applicant for registration whose application has been properly filed with the Board and is pending final approval by the Board; or
(c) A person seeking reactivation of registration in accordance with § 7209.3(b) or a person seeking reinstatement of registration in accordance with § 7210.4(b).
7211.3 A supervisor of a person described in § 7211.2(b) or (c) shall, no less than two (2) weeks prior to the supervision begins, seek the authorization of the Board by providing the following information:
(a) The supervisor’s name and address;
(b) The name of the person seeking registration;
(c) The expected period of supervision;
(d) The nature and location of the practice of the person registration; and
(e) The attestation that the supervisor understands and intends to comply with the supervisory requirements under this chapter.
7211.4 A person seeking to practice under supervision may begin the supervised practice after the Board has approved and authorized the practice.
7211.5 Supervised practice authorized in accordance with this section shall not exceed sixty (60) days.
7211.6 A person engaged in supervised practice under this section shall identify himself or herself as a student or person practicing under supervision at all times including prior to the initiation of any practice with a client.
7211.7 Any of the following events shall result in an automatic and immediate termination of the authorized supervised practice:
(a) The supervision is terminated for any reasons by either the supervisor or the supervisee; or
(b) An arrest or charge for a felony.
7211.8 A person practicing under supervision in accordance with this section shall not receive any compensation of any nature, directly or indirectly, from a patient but may receive a salary or other form of compensation from his or her supervisor based on the hours of practice performed.
7211.9 The supervisor shall be fully responsible for all supervised practice by the supervisee during the period of supervision and shall be subject to disciplinary action for any violation of the Act or this chapter by the supervisee.
7211.10 A person authorized to practice under supervision pursuant to this section shall be subject to all applicable provisions of the Act and this chapter. The Board may deny his or her application for license or take any disciplinary action against him or her in accordance with Chapter 41 of this title if he or she has been found to have violated the Act or this chapter.
7212 CODE OF ETHICS
7212.1 A certified therapeutic recreation specialist or recreational therapist registered to practice in the District of Columbia shall adhere to the Code of Ethics established by the American Therapeutic Recreation Association as they may be amended from time to time.
7299 DEFINITIONS
7299.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:
Act - District of Columbia Health Occupations Revision Act of 1985, D.C. Official Code §§ 3-1201 et seq.
Board - The Board of Occupational Therapy, established by § 206 of the Act, D.C. Official Code § 3-1202.06.
Boards of allied health – Boards as defined in D.C. Official Code § 3-1201.01(1A), or their equivalents in other jurisdictions.
Contact hour - At least fifty (50) minutes of continuing education credit.
Director – The Director of the Department of Health or any successor or assignee.
Recreational Therapy – Treatment services designed to restore, remediate, and rehabilitate a person’s level of functioning and independence in life activities, to promote health and wellness, as well as to reduce or eliminate the activity limitations and restrictions to participation in life situations caused by illness or disabling conditions. Recreational therapy also means “recreation therapy” as used in D.C. Official Code § 3-1209.02.
All persons desiring to comment on the subject of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of the publication of this notice in the D.C. Register. Comments should be sent to the Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5th Floor, Washington, D.C. 20002, or by email to Angli.Black@dc.gov. Copies of the proposed rules may be obtained from the Department at the same address during the hours of 9:00 AM to 5:00 PM, Monday through Friday, excluding holidays.
