TITLE XXX
OCCUPATIONS AND PROFESSIONS
Chapter 326-J
RECREATIONAL THERAPISTS
Section 326-J:1
326-J:1 Definitions. –
In this chapter and RSA 328-F, unless context otherwise requires:
I. "Board" means the recreational therapy advisory board.
I-a. "Executive director" means the executive director of the office of professional licensure and certification.
II. "Recreational therapist" means a person currently licensed to practice recreational therapy in the state of New Hampshire.
III. "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 as well as reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition.
(a) For purposes of accomplishing therapeutic recreation goals, recreational therapy may include:
(1) Remediating or restoring an individual's participation levels that are limited due to impairment in physical, cognitive, social, or emotional abilities.
(2) Analyzing and evaluating recreational and psychosocial activities to determine the physical, social, and programmatic elements necessary for involvement and modifying those elements to promote full participation and maximization of functional independence.
(3) Using recreational modalities in designed intervention strategies to maximize physical, cognitive, social, or emotional abilities.
(4) Incorporating the individual's interests and the individual's family and community to maximize relevance to the individual's goals.
(5) Promoting the concept of healthy living into treatment strategies to decrease the potential for secondary conditions.
(6) Developing community support and encouraging attitudinal changes to reflect dignity, self respect, and involvement within one's community.
(7) Fostering peer and intergenerational relationships.
(b) Recreational therapy services include, but are not limited to:
(1) Conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action and subsequent individualized treatment plan.
(2) Planning and developing the individualized treatment plan that identifies an individual's goals, objectives, and treatment intervention strategies.
(3) Implementing the individualized treatment plan that is consistent with the overall treatment program.
(4) Systematically evaluating and comparing the individual's response to the individualized treatment plan and suggesting modifications as appropriate.
(5) Developing a discharge plan in collaboration with the individual, the individual's family, and other treatment team members.
(6) Identifying, designing, fabricating, applying, or training in the use of, adaptive recreational equipment.
(7) Identifying, applying, and evaluating the use of non-invasive and non-pharmacological approaches to reduce or alleviate pain or manage pain to minimize its impact upon participation.
(8) Identifying, providing, and educating individuals to use resources that support a healthy, active, and engaged life.
(9) Minimizing the impact of environmental constraints as a barrier to participation.
(10) Collaborating with and educating the individual, family, caregiver, and others to foster an environment that is responsive to the needs of the individual.
(11) Consulting with groups, programs, organizations, or communities to improve physical, social, and programmatic accessibility.
Source. 2006, 220:1, eff. July 1, 2007. 2022, 72:4, eff. July 19, 2022.
Section 326-J:1-a
326-J:1-a Advisory Board Established. –
I. The executive director shall establish an advisory board of recreational therapists consisting of 3 members, who shall be licensed recreational therapists. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. The advisory board shall advise the executive director regarding the implementation of this chapter.
II. The executive director, in consultation with the advisory board, shall adopt rules pursuant to RSA 541-A relative to the practice of recreational therapy, including:
(a) Eligibility requirements for initial licensure;
(b) Eligibility requirements for licensure renewal, including any continuing competency requirements and any requirements for education, clinical experience, and training;
(c) Conditional employment pending the results of a criminal history records check;
(d) Eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses;
(e) Scope of practice in the field of recreational therapy;
(f) Ethical standards pertaining to the practice of recreational therapy;
(g) What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of a client or patient;
(h) The allocation of disciplinary sanctions;
(i) Completion by licensees, as part of the renewal process, a survey and opt-out form provided by the office of rural health, the department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T, along with written notice to licensees of the opportunity to opt-out from participation of the survey.
Source. 2022, 72:5, eff. July 19, 2022. 2025, 111:1, eff. Aug. 22, 2025.
Section 326-J:2
326-J:2 Evaluation and Treatment Authorization. –
I. Consultation and evaluation by a recreational therapist may be performed without a referral. Initiation of recreational therapy services to individuals with medically-related conditions shall be based on a referral from any qualified health care professional who, within the scope of the professional's licensure, is authorized to refer for health care services.
II. Prevention, wellness, education, adaptive sports and recreation, and related services shall not require a referral.
Source. 2006, 220:1, eff. July 1, 2007.
Section 326-J:3
326-J:3 Prohibition on Unauthorized Practice; Professional Identification. –
I. No person shall practice or hold oneself out as being able to practice recreational therapy or provide recreational therapy services in this state unless the person is licensed under this chapter and RSA 328-F. Nothing in this paragraph shall be construed to prohibit students enrolled in approved schools or courses in recreational therapy from performing recreational therapy that is incidental to their respective courses of study or supervised work. The executive director, in consultation with the advisory board, shall adopt rules under RSA 541-A relative to schools or courses allowing students to practice under this paragraph.
II. Licensed recreational therapists may use the letters "TR," "TRS," and "CTRS/L" in connection with their name or place of business.
III. A person or business entity, its employees, agents, or representatives shall 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, 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 therapy specialist licensed pursuant to this chapter. A person or entity that violates this paragraph is guilty of a violation for the first offense and guilty of a misdemeanor for any subsequent offense.
Source. 2006, 220:1, eff. July 1, 2007. 2022, 72:6, eff. July 19, 2022.
Section 326-J:4
326-J:4 Coercion Prohibited. –
No person shall coerce a licensed recreational therapist into compromising client safety by requiring the licensed recreational therapist to delegate activities or tasks if the licensed recreational therapist determines that it is inappropriate to do so. Licensed recreational therapists shall not be subject to disciplinary action by the executive director for refusing to delegate activities or tasks or refusing to provide the required training for delegation if the licensed recreational therapist determines that the delegation may compromise client safety.
Source. 2006, 220:1, eff. July 1, 2007. 2022, 72:7, eff. July 19, 2022.
Section 326-J:5
326-J:5 Eligibility for Licensure. –
I. An applicant shall possess the following qualifications to be licensed:
(a) Be at least 18 years of age.
(b) Be of good moral character.
(c) Successfully complete an academic program with a baccalaureate degree or higher from an accredited college or university.
(d) Successfully complete a period of field experience as defined by the National Council for Therapeutic Recreation Certification (NCTRC) under the supervision of a Certified Therapeutic Recreation Specialist (CTRS).
(e) Successfully complete the proctored examination administered by the NCTRC.
II. The executive director may, upon notice and opportunity for a hearing, deny an application for reinstatement of a license or reinstate the license with conditions. Conditions imposed may include a requirement for continuing education, practice under the supervision of a licensed recreational therapist.
III. Notwithstanding paragraph I, the executive director may grant initial licenses to recreational therapists who were certified by the NCTRC prior to July 1, 2007 and who hold an active CTRS credential.
Source. 2006, 220:1, eff. July 1, 2007. 2022, 72:8, eff. July 19, 2022. 2023, 79:280, eff. Sept. 1, 2023. 2026, 224:5, eff. Aug. 31, 2026.
Section 326-J:6
326-J:6 Renewal of License. –
I. Persons licensed as recreational therapists are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F or demonstrated poor moral character.
(b) Meet continuing competency requirements by completing a minimum of 30 hours of continuing education in formal courses approved by the executive director, in consultation with the advisory board, and other requirements established by the executive director, in consultation with the advisory board, in rules adopted pursuant to RSA 541-A.
II. The executive director, in consultation with the advisory board, shall accept continuing education programs that meet the recertification standards of the National Council for Therapeutic Recreation Certification.
Source. 2006, 220:1, eff. July 1, 2007. 2022, 72:9, eff. July 19, 2022.
Section 326-J:7
326-J:7 Criminal History Record Checks. –
I. Every applicant for initial licensure shall submit to the office of professional licensure and certification a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the executive director of the office of professional licensure and certification or its designee within the office of professional licensure and certification. For the purposes of this section, a designee may be the office's agency counsel, administrative law judge, director of licensing and board administration, licensing service representative, or board administrator.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, an authorized employee of the office of professional licensure and certification, or an authorized employee of the department of safety. If the first set of fingerprints is invalid due to an insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to an insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the executive director of the office of professional licensure and certification or its designee within the office of professional licensure and certification. The executive director of the office of professional licensure and certification or its designee within the office of professional licensure and certification shall maintain the confidentiality of all criminal history records information received pursuant to this section.
IV. The applicant shall bear the cost of a criminal history record check.
Source. 2025, 111:2, eff. July 1, 2026.
Section 326-J:8
326-J:8 Privileged Communications. –
The confidential communications between licensed recreational therapists and their clients or patients is placed on the same legal basis as those between physician and patient, and except as otherwise provided by law, no recreational therapist shall be required to disclose such privileged communications. Confidential communications between a patient or client and any person working under the supervision of such practitioner that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those communications were with the supervising licensed practitioner. This section shall not apply to investigations and hearings conducted by the office or by any other agency regulating health professions in the state.
Source. 2025, 111:2, eff. July 1, 2026.