An Act To Provide for Licensing of Recreational Therapists
Maine Legislature, Session 126, LD 1281
Committee: Labor, Commerce, Research and Economic Development
Sponsors: LACHOWICZ, CASSIDY, BOYLE, CRAVEN, GRATWICK, PATRICK, BEAR, BOLAND, MAKER, SOCTOMAH
Amends: 5 MRSA §12004-A, 32 MRSA §19111

Legislative Document 
No. 1281 
S.P. 443 
In Senate, April 2, 2013 
An Act To Provide for Licensing of Recreational Therapists 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator LACHOWICZ of Kennebec. 
Cosponsored by Representative CASSIDY of Lubec and 
Senators: BOYLE of Cumberland, CRAVEN of Androscoggin, GRATWICK of Penobscot, 
PATRICK of Oxford, Representatives: BEAR of the Houlton Band of Maliseet Indians, 
BOLAND of Sanford, MAKER of Calais, SOCTOMAH of the Passamaquoddy Tribe. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  5 MRSA §12004-A, sub-§50 is enacted to read: 
50.   
Sec. 2.  32 MRSA c. 141 is enacted to read: 
CHAPTER 141 
RECREATIONAL THERAPISTS 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§19101.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Board.  "Board" means the Board of Recreational Therapy established in section 
19111. 
2.  Recreational therapist.  "Recreational therapist" means an individual who is 
licensed under this chapter to practice recreational therapy and is qualified to do so by 
virtue of academic and practical training in accordance with this chapter. 
3.  Recreational therapy.  "Recreational therapy" means a treatment service 
designed to restore, remediate and rehabilitate a person's level of functioning and 
independence in life activities, to promote health and wellness and to reduce or eliminate 
limitations and restrictions on activities of daily living caused by an illness or disabling 
condition. 
§19102.  License required 
1.  License required to practice recreational therapy.  A person may not practice 
or profess to be able to practice recreational therapy or provide recreational therapy in 
this State unless the person is licensed under this chapter.  Nothing in this section may be 
construed to prohibit students enrolled in board-approved schools or courses in 
recreational therapy from performing recreational therapy that is incidental to their 
respective courses of study or supervised work.  The board shall adopt rules concerning 
schools or courses allowing students to practice under this section.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
2.  Use of letters.  A recreational therapist may use the letters "TR,'' "TRS'' and 
"CTRS/L'' in connection with the name or place of business of that recreational therapist. 
Board of Recreational Therapy 
$35/Day 
MRSA §19111
3.  Use of words and letters prohibited.  A person or business entity, its employees, 
agents or representatives may not use in conjunction with that person's name or the 
activity of the business the words "therapeutic recreation specialist," "therapeutic 
recreation," "recreational therapy," "recreational therapist," "recreation therapy" or 
"recreation therapist," the letters "CTRS,'' "TRS'' or "TR'' or any other words, 
abbreviations or insignia indicating or implying directly or indirectly that recreational 
therapy is provided or supplied, including the billing of services labeled as recreational 
therapy, unless such services are provided under the direction of a recreational therapist. 
§19103.  Unlicensed practice 
An individual who practices recreational therapy or presents that individual as 
licensed under this chapter and who does not hold a valid license under this chapter is 
subject to the provisions of Title 10, section 8003-C. 
§19104.  Delegation authorized 
1.  Delegation authorized.  This chapter may not be construed to prohibit a 
recreational therapist from delegating to an individual certain activities relating to the 
practice of recreational therapy, as long as those activities are under the supervision and 
control of the recreational therapist. "Supervision and control" may not be construed to 
require the personal presence of the supervising and controlling recreational therapist at 
the place where those activities take place, unless a physical presence is necessary to 
provide patient care of the same quality as provided by the recreational therapist.  The 
board may adopt rules identifying activities that may be delegated and appropriate levels 
of supervision in the practice setting.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
2.  Responsibility.  A recreational therapist who delegates activities as described in 
subsection 1 to an individual is legally and ethically responsible for all of the professional 
activities of that individual, and the individual in this relationship is considered the 
recreational therapist's agent.  This subsection may not be construed to apply to an 
individual acting under a separate license accepted by the State to render services 
independently. 
3.  Coercion prohibited.  A person may not coerce a recreational therapist into 
compromising client safety by requiring the recreational therapist to delegate activities or 
tasks if the recreational therapist determines that it is inappropriate to do so.  A 
recreational therapist may not be subject to disciplinary action by the board for refusing 
to delegate activities or tasks or refusing to provide the training required for activities or 
tasks to be delegated if the recreational therapist determines that the delegation may 
compromise client safety. 
§19105.  Evaluation and treatment authorization 
1.  Referral required.  Initiation of recreational therapy for an individual for 
treatment of a medical condition must be based on a referral from a qualified health care 
professional who, within the scope of the professional's licensure, is authorized to make 
referrals for health care services. 
2.  Referral not required.  Prevention, wellness, education, adaptive sports and 
recreation and related services do not require a referral. 
SUBCHAPTER 2 
BOARD OF RECREATIONAL THERAPY 
§19111.  Board established; membership; terms 
The Board of Recreational Therapy, as established by Title 5, section 12004-A, 
subsection 50, consists of 3 members appointed by the Governor.  All members must be 
residents of this State.  Two members must have been engaged full-time in the provision 
of recreational therapy for at least one year immediately preceding appointment; these 
members at all times must be holders of valid licenses issued under this chapter for the 
practice of recreational therapy.  The 3rd member is a public member as defined in Title 
5, section 12004-A. 
Appointments are for 3-year terms.  Appointments of members must comply with 
Title 10, section 8009.  A board member may be removed by the Governor for cause.  
§19112.  Meetings; chair; quorum 
The board shall meet at least once a year to conduct its business and to elect a chair.  
Additional meetings are held as necessary to conduct the business of the board and may 
be convened at the call of the chair or a majority of the board members.  Two members of 
the board constitute a quorum for all purposes. 
§19113.  Powers and duties 
The board has the following powers and duties. 
1.  Board to administer, coordinate and enforce.  The board shall administer, 
coordinate and enforce this chapter and evaluate the qualifications of and approve the 
examinations to be taken by applicants for licensure under this chapter. 
2.  Rules.  The board may, in accordance with the Maine Administrative Procedure 
Act, adopt rules commensurate with the authority vested in it by this chapter, including, 
but not limited to, rules relating to professional conduct and establishing ethical standards 
of practice.  The board, by rule, shall set the standard of professional conduct for 
licensees under this chapter.  Rules adopted by the board pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUBCHAPTER 3 
LICENSE 
§19121.  Eligibility for license 
1.  Qualifications.  The board shall issue a recreational therapist license to an 
applicant who meets the requirements of this subsection and applies pursuant to this 
chapter.  In order to qualify for licensure as a recreational therapist an applicant must: 
A.  Be at least 18 years of age; 
B.  Be of good moral character; 
C.  Have successfully completed an academic program with a baccalaureate degree or 
higher from an accredited college or university with a major in therapeutic recreation 
or a major in recreation or leisure with an option in therapeutic recreation; 
D.  Have successfully completed a period of field experience approved by the 
National Council for Therapeutic Recreation Certification, its successor or another 
organization approved by the board and by the educational institution where the 
applicant has met the applicant's academic requirements under the supervision of a 
certified therapeutic recreation specialist; and 
E.  Have successfully completed a proctored certification examination administered 
by the National Council for Therapeutic Recreation Certification, its successor or 
another organization approved by the board. 
2.  Denial of application; reinstatement with conditions.  The board may, upon 
notice and opportunity for a hearing, deny an application for reinstatement of a license or 
reinstate a license with conditions.  Conditions imposed may include a requirement for 
continuing education, practice under the supervision of a recreational therapist or any 
other conditions set by the board. 
§19122.  Licensure; another jurisdiction 
The board may waive the examination and grant licensure to an applicant for a 
recreational therapist license who is licensed under the laws of another jurisdiction and 
who presents proof of current licensure in another jurisdiction that maintains professional 
standards determined by the board to be substantially equivalent to those set forth in this 
chapter, if no cause exists for denial of a license under section 19124. 
§19123.  Scope of practice 
1.  Recreational therapy services.  Recreational therapy services that may be 
provided by a licensee under this chapter include, but are not limited to: 
A.  Conducting an individualized assessment for the purpose of collecting systematic, 
comprehensive and accurate data necessary to determine a course of action and 
subsequent individualized treatment plan; 
B.  Planning and developing the individualized treatment plan that identifies an 
individual's objectives and treatment strategies to be applied; 
C.  Implementing the individualized treatment plan; 
D.  Systematically evaluating and comparing the individual's response to the 
individualized treatment plan and suggesting modifications as appropriate; 
E.  Developing a discharge plan in collaboration with the individual, the individual's 
family and other treatment team members; 
F.  Identifying, designing, fabricating, applying and training in the use of adaptive 
recreational equipment; 
G.  Identifying, applying and evaluating the use of noninvasive and 
nonpharmacological approaches to reduce or alleviate pain or manage pain to 
minimize its effect upon daily activities; 
H.  Identifying, providing and educating individuals to use resources that support a 
healthy, active and engaged life; 
I.  Minimizing the impact of environmental constraints as a barrier to daily activities; 
J.  Collaborating with and educating the individual, the individual's family, caregiver 
and others to foster an environment that is responsive to the needs of the individual; 
and 
K.  Consulting with groups, programs, organizations and communities to improve 
physical and social accessibility. 
§19124.  Denial or refusal to renew license; disciplinary action 
The board has authority to investigate all complaints made to it and all cases of 
noncompliance with or violation of this chapter. In addition to the grounds enumerated in 
Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse 
to renew a license or impose the disciplinary sanctions authorized by Title 10, section 
8003, subsection 5-A, paragraphs B and C for: 
1.  Unethical practices.  Engaging in unfair or deceptive practices as defined by the 
rules established by the board or violating the code of ethics adopted and published by the 
board; or 
2.  Negligence.  Incompetence, negligence or neglect in the conduct of the practice of 
recreational therapy. 
§19125.  License; renewal 
A license issued under this chapter expires at a time that the commissioner may 
designate.  An individual licensed under this chapter shall pay the renewal fee as set 
under section 19126.  A renewal is contingent upon evidence of participation in 
continuing professional education as determined by the board; temporary licenses and 
trainee permits established by rule by the board are exempt from this requirement.  The 
board shall accept continuing education programs that meet recertification standards of 
the National Council for Therapeutic Recreation Certification, its successor or another 
organization approved by the board.  A license may be renewed up to 90 days after the 
date of its expiration upon payment of a late fee and renewal fee under section 19126.  An 
individual who submits an application for renewal more than 90 days after the license 
expiration date is subject to all requirements governing new applicants under this chapter, 
except that the board may, in its discretion, waive examination if that application for 
renewal is received together with the late fee and renewal fee under section 19126 within 
years from the date of the expiration. 
§19126.  Fees 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for the purposes 
authorized under this chapter in amounts that are reasonable and necessary for their 
respective purposes, except that a fee for any one purpose may not exceed $325 annually. 
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
§19127.  Inactive status 
The board shall adopt rules that provide that an individual licensed under this chapter 
may, upon written request, be placed on inactive status.  The board may place the licensee 
on inactive status only upon proper application by the licensee.  During inactive status, 
the licensee must renew the license and pay the license fees as set under section 19126, 
but is not required to meet the continuing education requirements under section 19125.  
The board shall adopt rules by which a license in an inactive status may be reactivated.  
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 3.  Transition; grandfathering.  Notwithstanding the Maine Revised 
Statutes, Title 32, section 19111, the initial recreational thereapist members of the Board 
of Recreational Therapy must be certified by the National Council for Therapeutic 
Recreation Certification and have been engaged full-time in the provision of recreational 
therapy for one year.  Notwithstanding Title 32, section 19111, one of these initial 
members serves a one-year term and one serves a 2-year term, as designated by the 
Governor.  The initial public member serves a 3-year term.  Notwithstanding Title 32, 
section 19121, subsection 1, the Board of Recreational Therapy may grant initial licenses 
to recreational therapists who were certified by the National Council for Therapeutic 
Recreation Certification prior to October 1, 2013 and who hold an active certified 
therapeutic recreation specialist credential.  The board shall establish a deadline for 
applications for initial licenses pursuant to this section and shall also establish a starting 
date on which the board, having been constituted and having held its organizational 
meeting, will be in a position to begin accepting such applications.  Until 6 months after 
the deadline for submitting applications pursuant to this section, all persons who were 
practicing and certified as recreational therapists within the State on the effective date of 
this Act and who meet the requirements of this section for an initial license must be 
deemed licensed for purposes of Title 32, chapter 141. 
SUMMARY 
This bill establishes a requirement for licensure of recreational therapists and a board 
to oversee the process of licensure and the conduct of licensees.