A. No person shall practice or hold himself or herself out as being able to practice therapeutic recreation or provide therapeutic recreation services in this state unless the person is licensed in accordance with the provisions of the Therapeutic Recreation Practice Act.

B. Nothing in this act shall be construed to prevent or restrict the practice, services, or activities of:

1. Any person of other licensed professions or personnel supervised by licensed professions in this state from performing work incidental to the practice of his or her profession or occupation, if that person does not represent himself or herself as a therapeutic recreation specialist;

2. Any person enrolled in a course of study leading to a degree or certificate in therapeutic recreation from performing therapeutic recreation services incidental to the person's course work when supervised by a licensed professional, if the person is designated by a title which clearly indicates his or her status as a student;

3. Any person whose training and national certification attests to the individual’s preparation and ability to practice his or her profession, if that person does not represent himself or herself as a therapeutic recreation specialist;

4. Any therapeutic recreation assistant providing therapeutic recreation services under the direct supervision of a licensed therapeutic recreation specialist. Such an individual would not be permitted to conduct assessments and/or develop treatment plans;

5. Any individual providing recreational programs to a person with disabilities as a normal part of the leisure lifestyle of the person with disabilities;

6. Any person employed by an agency, bureau or division of the federal government while in the discharge of official duties; provided, however, if such individual engages in the practice of therapeutic recreation outside the line of official duty, the individual must be licensed as herein provided;

7. Any occupational therapist or occupational therapy assistants in the area of play and leisure; and

8. Any individual providing services in a state facility or to children in state custody.

Added by Laws 2009, c. 384, § 4, eff. Nov. 1, 2010. Amended by Laws 2010, c. 397, § 3, emerg. eff. June 8, 2010.