CHAPTER Occ 100  ORGANIZATIONAL RULES

 

REVISION NOTE:

 

          Document #13081, effective 7-31-20, readopted, readopted with amendments, or repealed all of the rules in Chapter Occ 100.  Specifically, Occ 101.01 titled “Purpose”, Occ 103.02 titled “Relationship of the Board to the Office of Licensed Allied Health Professionals”, Occ 103.03 titled “Responsibilities of the Board”, and Occ 103.04 titled “Board Meetings and Quorum” were readopted.  Occ 103.05 titled “Attendance at Meetings by Members of the Public”, Occ 103.06 titled “Notice of Meetings”, Occ 103.07 titled “Minutes of Board Meetings”, and Occ 104 titled “Public Information” were repealed.    A new Occ 103.05 titled “Other Organizational Rules” was adopted.

 

          Document #13081 replaced all prior filings for rules in the former Chapter Occ 100.  The prior filings affecting the former Chapter Occ 100 was Document #8272, effective 1-26-05.  The prior filings affecting each effective rule in Chapter Occ 100 are indicated in the source notes for each rule.

 

          As organizational rules the rules in Chapter Occ 100 will not expire except pursuant to RSA 541-A:17, II.

 

PART Occ 101  PURPOSE

 

          Occ 101.01  Purpose.  This chapter sets forth the organization and statutory responsibilities of the occupational therapy governing board and the manner of communication with the board.

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

PART Occ 102  DEFINITIONS

 

          Occ 102.01  "Board" means "board" as defined in RSA 326-C:1, I, namely, "the occupational therapy governing board established in RSA 328-F."

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

          Occ 102.02  "Occupational therapist" means "occupational therapist" as defined in RSA 326-C:1, II, namely, "a person currently licensed to practice occupational therapy in the state of New Hampshire."

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

          Occ 102.03  "Occupational therapy" means "occupational therapy" as defined in RSA 326-C:1, III, namely "the therapeutic use of purposeful and meaningful occupations or goal-directed activities to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction which interferes with their ability to function independently in daily life roles, and to promote health and wellness.

 

          (a)  Occupational therapy intervention may include:

 

(1)  Remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes.

 

(2)  Adaptation of task, process, or the environment, or the teaching of compensatory techniques, in order to enhance performance.

 

(3)  Disability prevention methods and techniques which facilitate the development or safe application of performance skills.

 

(4)  Health promotion strategies and practices which enhance performance abilities.

 

          (b)  Occupational therapy services include, but are not limited to:

 

(1)  Work or productive activities, including instrumental activities of daily living, and play and leisure activities.

 

(2)  Evaluating, developing, remediating, or restoring sensorimotor, cognitive, or psychosocial components of performance.

 

(3)  Designing, fabricating, applying, or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices.

 

(4)  Adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles.

 

(5)  Application of physical agent modalities as an adjunct to, or in preparation for, engagement in purposeful activities and occupations.

 

(6)  Evaluating and providing intervention in collaboration with the client, family, caregiver, or others.

 

(7)  Educating the client, family, caregiver, or others in carrying out appropriate non-skilled interventions.

 

(8)  Consulting with groups, programs, organizations, or communities to provide population-based services.”

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

          Occ 102.04  "Occupational therapy assistant (OTA)" means "occupational therapy assistant" as defined in RSA 326-C:1, IV, namely, "a person currently licensed to assist in the practice of occupational therapy, under the supervision of an occupational therapist, in the state of New Hampshire."

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

PART Occ 103  DESCRIPTION OF THE BOARD AND BOARD MEETINGS

 

          Occ 103.01  Composition of the Board.  The board consists of 5 members appointed as specified in RSA 328-F:4.  The members shall include 3 licensed occupational therapists, one occupational therapy assistant, and one public member.

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

          Occ 103.02  Relationship of the Board to the Office of Licensed Allied Health Professionals.  Pursuant to RSA 328-F:3, II, the chairperson of the board or the appointee of the chairperson is a member of the board of directors of the Office of Licensed Allied Health Professionals.  The chairperson is elected by the board every January.

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

 

          Occ 103.03  Responsibilities of the Board.  The board's responsibilities include:

 

          (a)  The initial licensing of occupational therapists and occupational therapy assistants;

 

          (b)  The renewal and reinstatement licensing of occupational therapists and occupational therapy assistants;

 

          (c)  The investigation of possible professional misconduct by licensees and applicants for licensure; and

 

          (d)  Disciplinary proceedings and the imposition of sanctions for professional misconduct by licensees.

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

          Occ 103.04  Board Meetings and Quorum.

 

          (a)  Pursuant to RSA 328-F:8, the board shall meet monthly or more often as its business requires.

 

          (b)  A majority of the board shall constitute a quorum.

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)

 

          Occ 103.05  Other Organizational Rules.  The board is part of the Office of Licensed Allied Health Professionals.  Information such as the board’s office location, address, and telephone number is described at Ahp Part 104.  Information regarding the public’s access to minutes and other board records is described at Ahp 103.05 and Ahp 104.03.

 

Source.  #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100)


 

CHAPTER Occ 200  PROCEDURAL RULES

 

REVISION NOTE:

 

          Document #13081, effective 7-31-20, repealed all of the former rules in Chapter Occ 200 and adopted a new rule Occ 201 titled “Applicability of Ahp 200” containing Occ 201.01 titled “Rules of Practice and Procedures.”

 

          Document #13081 replaced all prior filings for the former Chapter Occ 200.  The prior filings affecting the former Chapter Occ 200 included the following documents:

 

                  #8273, eff 1-26-05

                  #8274, eff 1-26-05, EXPIRED 1-26-13 (in Occ 202, 213, 217 and 218)

                  #10280, eff 2-28-13

         

          As practice and procedure rules, the rules in Chapter Occ 200 in Document #13081 will not expire except pursuant to RSA 541-A:17, II.

 

PART Occ 201  APPLICABILITY OF AHP 200

 

          Occ 201.01  Rules of Practice and Procedure.  The Ahp 200 rules shall govern with regards to all procedures for:

         

          (a)  The receipt of misconduct complaints;

 

          (b)  The conduct of disciplinary proceedings;

 

          (c)  Rulemaking petitions and disposition of rulemaking petitions;

 

          (d)  Public comment hearings;

 

          (e) Declaratory rulings;

 

             (f)  Explanation of adopted rules; and

 

          (g) Voluntary surrender of licenses.

 

Source.  (See Revision Note at chapter heading for Occ 200) #13081, eff 7-31-20

 


CHAPTER Occ 300  REQUIREMENTS FOR LICENSURE

 

REVISION NOTE:

 

          Document #13243, effective 7-28-21, adopted, repealed, readopted with amendments, readopted with amendments and renumbered, or renumbered various rules in Chapter Occ 300.  The rule adopted by Document #13243 is titled “Application for Initial Licensure or Certification.”  Document #10901, effective 7-29-15, had previously repealed Occ 302.05.

 

          The filings prior to Document #10901 which had affected the repealed Occ 302.05 included the following documents:

 

                  #8296, eff 3-1-05

                  #8894, eff 6-7-07

 

          The rules repealed by Document #13243 include the following rules:

 

                  Occ 302.02 titled “Multipart Application Form”

                  Occ 302.03 titled “Effect of Notarized Signature”

                  Occ 304.06 titled “Supervision Form”

 

            The repeals necessitated the renumbering of Occ 302.04 as Occ 302.03, Occ 304.07 as Occ 304.06, Occ 304.08 as Occ 304.07, and Occ 304.09 as Occ 304.08 as noted in the source notes for the renumbered rules.  Source notes for the rules readopted with amendment or readopted with amendment and renumbered by Document #13243 indicate “ss by #13243, eff 7-28-21”.  Since Document #13243 renumbered Occ 304.08 as Occ 304.07 but did not readopt it, its source note simply indicates “renumbered by #13243”.  Document #13243, effective 7-28-21, adopted, repealed, readopted with amendments, readopted with amendments and renumbered, or renumbered various rules in Chapter Occ 300.  The rule adopted by Document #13243 is Occ 302.02 titled “Application for Initial Licensure or Certification.”  Document #10901, effective 7-29-15, had previously repealed Occ 302.05.

 

          The prior filings affecting the repealed Occ 302.02 included the following documents:

 

                  #8296, eff 3-1-05

                  #8894, eff 6-7-07

                  #9146, eff 4-30-08

                  #9950-B, eff 6-29-11

                  #10281, eff 2-28-13

                  #10554, eff 3-26-14

                  #10901, eff 7-29-15

 

         The prior filings affecting the repealed Occ 302.03 and Occ 304.06 included the following documents:

 

                  #8296, eff 3-1-05

                  #8894, eff 6-7-07

                  #10901, eff 7-29-15

 

PART Occ 301  DEFINITIONS

 

          Occ 301.01  “American Council for Occupational Therapy Education (ACOTE)” means the component of the American Occupational Therapy Association that establishes the core requirements for occupational therapy education and accredits education programs of occupational therapy education.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

         Occ 301.02  “Active in the profession” means having engaged in occupational therapy in another state:

 

         (a)  As:

 

(1)  A direct caregiver in occupational therapy;

 

(2)  An occupational therapy educator;

 

(3)  An occupational therapy administrator;

 

(4)  A member of an occupational therapy board or committee;

 

(5)  An occupational therapy consultant;

 

(6)  A student enrolled full time in an advanced occupational therapy degree program; or

 

(7)  A researcher; and

 

         (b)  For 100 hours for the 2 years immediately preceding the completed application.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (see Revision Note at chapter heading for Occ 300)

 

Occ 301.03  “Board” means “board” as defined in RSA 326-C:1, I, namely, “the occupational therapy governing board established in RSA 328-F.”

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

Occ 301.04  “Direct supervision” means supervision through direct and continuous observation of the activities of the person being supervised.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

Occ 301.05  “Indirect supervision” means supervision through the supervisor's review of the treatment progress notes made by the person supervised, telephone conversations between the supervisor and the person supervised, electronic correspondence between the supervisor and the person supervised or any other form of supervision which is not direct supervision.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

Occ 301.06  “National Board for Certification in Occupational Therapy, Inc. (NBCOT)” means the entity that develops the national examination for occupational therapy and certifies individuals in occupational therapy practice.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

PART Occ 302  APPLICATION PROCEDURE

 

Occ 302.01  Processing of Applications for Initial Licensure.

 

         (a)  Applicants who wish to apply for initial licensure as an occupational therapist or occupational therapy assistant shall do so by submitting, or arranging for the submission of, each of the following components of the application packet:

 

(1)  The completed application form specified in Ahp 601.01;

 

(2)  The required documents specified by Occ 302.03;

 

(3)  The non-refundable application processing fee specified by Ahp 301.02(a); and

 

(4)  The initial license fee specified by Ahp 301.02(a).

 

(b)  If the board, after receiving and reviewing a completed application packet complying with Occ 302.01(a), requires further information or documents to determine the applicant's qualification for licensure, the board shall:

 

(1)  So notify the applicant in writing within 30 days; and

 

(2)  Specify the information or documents it requires.

 

         (c)  An application shall be considered to be completed on the first date that the board has received:

 

(1)  The completed application packet described in (a) above; and

 

(2)  Any additional information or documents which may have been requested pursuant to (b) above.

 

         (d)  The application shall be denied if the application packet is not completed by the applicant within 38 weeks of the receipt by the board of the application-form part of the application packet.

 

         (e)  The board shall issue written approval or denial of an application within 60 days of the date that the application is complete.

 

         (f)  The board shall refund the license fee, but not the application processing fee, if:

 

(1)  The applicant withdraws the application;

 

(2)  The application packet is not completed by the applicant within 38 weeks of receipt by the board of the application-form part of the application packet; or

 

(3)  The board denies the application.

 

         (g)  Any applicant wishing to challenge the board's denial of an application for initial licensure shall:

 

(1)  Make a written request for a hearing of the applicant's challenge; and

 

(2)  Submit this request to the board:

 

a.  Within 60 days of the board’s notification of denial; or

 

b.  If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (see Revision Note at chapter heading for Occ 300)

 

         Occ 302.02  Application for Initial Licensure or Certification.  In addition to the information required by the application for initial licensure or certification described in Ahp 601.01 the applicant for occupational therapist or occupational therapy assistant licensure shall answer the following question on form “Supplemental Application for Initial Licensure” April 2021:

 

         (a)  Have you been active in the profession as described in Occ 301.02 or graduated from an accredited academic program as an occupational therapist or occupational therapy assistant within the immediately preceding 2 years?

 

Source.  #13243, eff 7-28-21 (see Revision Note at chapter heading for Occ 300)

 

         Occ 302.03  Required Documents.  Applicants for initial licensure as an occupational therapist or occupational therapy assistant shall provide, or arrange for the board to receive, the following documents supporting their applications:

 

         (a)  A passport size, 2" x 2", original head-shot photograph taken within the immediately preceding 6 months;

 

         (b)  On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions from the application form specified in Ahp 601.01 are in the affirmative;

 

         (c)  Official transcripts showing all relevant education as described in RSA 326-C:5(c):

 

(1)  Mailed directly to the board by the issuing institution(s); or

 

(2)  Submitted by the applicant in one or more envelope(s) sealed by the institution(s) in such a manner that it would be evident to the board if the envelope(s) had been opened;

 

         (d)  An official letter of verification sent directly to the board from every state which has issued a license or other authorization to practice stating whether:

 

(1)  The license or other authorization is or was, during its period of validity, in good standing; and

 

(2)  Whether any disciplinary action was taken against the license or other authorization to practice;

 

         (e)  If the applicant was ever certified by NBCOT, unless the information is available only on a website through a secure connection, a letter verifying such certification sent by NBCOT directly to the board;

 

         (f)  If the applicant was not previously certified by NBCOT, unless the information about the applicant's success on the examination required by Occ 303.01(b)(4) is available only on a website through a secure connection, a letter verifying that the applicant passed the examination sent by NBCOT directly to the board;

 

         (g)  A resume presenting a chronologically organized account of the applicant’s experience in occupational therapy for the previous 6 years, including:

 

(1)  Each separate experience in paid or volunteer work as:

 

a.  A direct care-giver in occupational therapy;

 

b.  An occupational therapy educator;

 

c.  An occupational therapy administrator;

 

d.  A member of an occupational therapy board or committee; and

 

e.  An occupational therapy consultant;

 

(2)  The time period of each separate experience described by its beginning and ending dates;

 

(3)  The number of hours of engagement in each separate experience estimated on a per-week or per-month basis; and

 

(4)  The physical address of each separate experience;

 

         (h)  If Occ 303.02 is applicable, the following proofs of having met the continuing competence requirements:

 

(1)  A transcript of each professional education program taken displaying the hours of continuing professional education credited; or

 

(2)  A proof of attendance displaying, for each professional education program:

 

a.  The name of the applicant;

 

b.  The name of the program, if descriptive of its contents, or other description of the program contents;

 

c.  The beginning and ending dates of the program;

 

d.  The duration of the program stated in hours; and

 

e.  The signature of a representative of the program's provider;

 

         (i)  If Occ 304.01 is applicable, the completed supervision form described in Ahp 601.06; and

 

         (j)  Either:

 

(1)  A completed criminal history records check form and fingerprint card, seeking both a New Hampshire and a federal records check, in accordance with the procedure specified by the NH department of safety at Saf-C 5700, Operation of the Central Repository: Criminal Records, and with the required fee.  If the federal criminal history records check shows the existence of a criminal record in another state, the applicant shall obtain a detailed criminal record check directly from that state and provide it to the board; or

 

(2)  An original, not a photocopy, of a criminal offender record report:

 

a.  Issued by each state where the applicant has resided or been licensed within the past 6 years, providing that such state will:

 

1.  Send the report to the board; or

 

2.  To the applicant to be forwarded to the board;

 

b. Covering the applicant under his or her name and any aliases; and

 

c.  Dated within 6 months preceding the application for licensure.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #9146, eff 4-30-08; ss by #10281, eff 2-28-13; ss by #10554, eff 3-26-14; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (formerly Occ 302.04) (see Revision Note at chapter heading for Occ 300)

 

PART Occ 303  QUALIFICATIONS FOR LICENSURE

 

         Occ 303.01  Eligibility Requirements.

 

         (a)  Applicants for initial licensure as occupational therapists or occupational therapy assistants shall:

 

(1)  Be at least 17 years of age;

 

(2)  Be of good moral and professional character, as evidenced by:

 

a.  The answers to the questions from the application form specified in Ahp 601.01;

 

b.  Any reports submitted pursuant to Occ 302.03(b);

 

c.  Any verification information as described in Occ 302.03(d); and

 

d.  Any criminal offender record report(s) submitted in accordance with Occ 302.03 (i);

 

(3)  Be or have been NBCOT-certified or have met the educational, supervised field work, and examination requirements set forth in (b) below;

 

(4)  Have complied with the continuing competence requirements set forth in Occ 303.02, if they are applicable; and

 

(5)  If licensed in another state, be active in the profession as defined in Occ 301.02.

 

         (b)  Applicants not previously NBCOT-certified shall have:

 

(1)  Successfully completed an ACOTE-accredited academic program in occupational therapy;

 

(2)  If applying for licensure as occupational therapists, successfully completed 6 months of supervised field work approved by the institutions providing their academic programs;

 

(3)  If applying for licensure as occupational therapy assistants, successfully completed 2 months of supervised field work approved by the institutions providing their academic programs; and

 

(4)  Passed the entry level examination for occupational therapists or occupational therapy assistants, as applicable, developed by NBCOT.

 

         (c)  Applicants for initial licensure as occupational therapists or occupational therapy assistants who are licensed in another state but are not active in the profession shall be issued conditional licenses as further set forth in Occ 304.

 

         (d)  Based on the board’s determination pursuant to RSA 332-G:7, no military experience is applicable to the education of occupational therapists or occupational therapy assistants.  Military experience shall not be considered when determining whether an applicant meets the educational requirements for licensure.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #9950-A, eff 6-29-11; amd by #10901, eff 7-29-15; ss by #12879, eff 9-25-19; ss by #13243, eff 7-28-21 (see Revision Note at chapter heading for Occ 300)

 

          Occ 303.02  Continuing Competence Requirements.

 

(a)  Continuing competence shall be maintained by applicants who:

 

(1)  Passed the NBCOT examination described in Occ 303.01(b)(4) more than 52 weeks before submitting the application-form part of the application packet; and

 

(2)  Have not practiced as an occupational therapist or occupational therapy assistant since passing the examination.

 

          (b)  If more than 52 but fewer than 104 weeks have elapsed since such applicants passed the NBCOT examination, they shall maintain continuing competence by:

 

(1)  Completing 12 hours of professional education in the clinical application of occupational therapy skills; and

 

(2)  Doing so within the 12 months just preceding the submission of their application packets.

 

          (c)  If 104 or more weeks have elapsed since such applicants passed the NBCOT examination, they shall maintain continuing competence by:

 

(1)  Completing 24 hours of professional education in the clinical application of occupational therapy skills; and

 

(2)  Doing so within the 24 months just preceding the submission of their application packets.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

PART Occ 304  CONDITIONAL LICENSES

 

         Occ 304.01  Eligibility for Conditional Licensure.

 

         (a)  The board shall issue conditional licenses to initial licensure applicants licensed in another state but not active in the profession if they:

 

(1)  Meet the eligibility requirements of Occ 303.01(a)(1)-(4);

 

(2)  Meet the continuing competence requirements of (b) or (c) below, as applicable; and

 

(3)  Arrange for the board to receive the following documents:

 

a.  The completed supervision form described in Ahp 601.06, submitted by the conditional licensee before being issued a conditional license; and

 

b.  The following proof(s) of having maintained continuing competence:

 

1.  If claiming maintenance of continuing competence through continual maintenance of NBCOT certification pursuant to (b)(1) below, a verifying letter sent by NBCOT directly to the board;

 

2.  If claiming maintenance of continuing competence through continuing professional education pursuant to (b)(2) below, documentation of such continuing professional education in accordance with Occ 406.02-Occ 406.18; or

 

3.  If claiming maintenance of continuing competence pursuant to (b)(3) or (c) below, and information about the applicant's success on the examination is not available to the board electronically, a letter verifying that the applicant has retaken and passed the NBCOT examination, sent by NBCOT directly to the board.

 

         (b)  Applicants licensed in another state but not active in the profession for a period up to and including 6 years preceding the date of application for initial licensure shall have maintained continuing competence by meeting one of the following:

 

(1)  Having continually maintained NBCOT certification;

 

(2)  Completing in each calendar year 6 contact hours of continuing professional education relating directly to the clinical application of occupational therapy and 6 contact hours of continuing professional education relating to general occupational therapy theory and practice, including, but not limited to, supervision and consultation skills, curriculum development and trans-disciplinary issues or skills; or

 

(3)  Retaking and passing the entry level NBCOT examination.

 

         (c)  Applicants licensed in another state but not active in the profession for a period of more than 6 years shall have maintained continuing competence by either:

 

(1)  Have continually maintained NBCOT certification; or

 

(2)  Retaking and passing the entry level NBCOT examination.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (see Revision Note at chapter heading for Occ 300)

 

          Occ 304.02  Duration and Practice Limitations of Conditional Licenses.

 

          (a)  Conditional licenses shall remain valid for no more than 26 weeks unless validity is extended pursuant to Occ 304.07.

 

          (b)  Holders of conditional licenses shall practice under the following supervision:

 

(1)  Direct supervision by a supervisor meeting the requirements of Occ 304.05 for 5 percent of the hours worked each week; and

 

(2)  Indirect supervision by a supervisor meeting the requirements of Occ 304.05 for another 5 percent of the hours worked each week.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15

 

          Occ 304.03  Full Licensure of Conditional Licensees.

 

          (a)  To achieve full licensure conditional licensees shall, within the period of validity of their conditional licenses:

 

(1)  Practice under the supervision required by Occ 304.02(b) for at least 12 weeks if practicing 32 hours each week and for at least 24 weeks if practicing fewer than 32 hours each week;

 

(2)  Demonstrate competence as documented by at least one supervisory letter complying with (b) below; and

 

(3)  Arrange for the board to receive such supervisory letter(s) directly from the supervisor(s).

 

          (b)  A supervisory letter demonstrating competence shall:

 

(1)  Be on the supervisor's business stationery, dated and signed by the supervisor; and

 

(2)  Include the supervisor's statement that:

 

a.  The required supervised practice was completed;

 

b.  The supervision rules set forth in Occ 304 were followed; and

 

c.  In the opinion of the supervisor, the conditional licensee is competent to practice under full licensure.

 

          (c)  Submit the supervisor’s statement within 4 weeks of completion of the required number of hours listed in Occ 304.03(a).

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10554, eff 3-26-14; ss by #10901, eff 7-29-15

 

         Occ 304.04  Administrative Obligations of Conditional Licensees.

 

         (a)  Before the beginning of supervision by each individual who will provide some or all of the weeks of supervision, conditional licensees shall:

 

(1)  Give to these individuals a copy of Occ 304 and the supervision form described in Ahp 601.06;

 

(2)  Discuss the required supervision with these individuals; and

 

(3)  Submit to the board the completed supervision form(s) described in Ahp 601.06.

 

         (b)  Whenever individual(s) providing supervision are replaced by other individual(s), conditional licensees shall take the actions required by (a) above.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (see Revision Note at chapter heading for Occ 300)

 

          Occ 304.05  Eligibility Requirements for Supervisors.  To qualify to provide the required supervision individuals shall be:

 

          (a)  Currently licensed in New Hampshire as occupational therapists;

 

          (b)  Non-probationary employees not under disciplinary investigation or under pending disciplinary charges and have not had disciplinary action taken against them in any state within the past 5 years; and

 

          (c)  Not related in any of the following ways to the conditional licensees to be supervised:

 

(1)  Spouse;

 

(2)  Parent, step-parent, parent-in-law or step-parent in-law;

 

(3)  Natural, foster or adopted child or stepchild;

 

(4)  Sibling, brother-in-law or sister-in-law;

 

(5)  First or second cousin;

 

(6)  Grandparent; or

 

(7)  Aunt or uncle.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10554, eff 3-26-14; ss by #10901, eff 7-29-15

 

         Occ 304.06  Extension of Conditional Licenses.

 

         (a)  The board shall extend the period of validity of a conditional license for not more than 26 weeks when:

 

(1)  The conditional license is still valid at the time the request for an extension was made;

 

(2)  The conditional licensee has been unable to comply with Occ 304.03(a) because:

 

a.  The conditional licensee is unable to complete the required weeks of practice for any reason other than being fired for cause or terminated during probationary employment because of incompetence; or

 

b.  The conditional licensee is unable to submit the required supervisory letter for a reason unrelated to the supervisor’s belief that the licensee is not competent to practice under full licensure; and

 

(3)  The conditional licensee submits a written request for the extension stating the facts relating to one of the reasons in (2) above.

 

         (b)  The board shall extend the period of validity of a conditional license for the period of time, not to exceed 6 weeks, specified by the supervisor of the conditional licensee when:

 

(1)  The conditional license is still valid at the time the request for an extension was made; and

 

(2)  The conditional licensee submits the supervisor’s signed statement of opinion that the licensee will become competent to practice under full licensure if the conditional license is extended for a period to time, not to exceed 6 weeks, specified by the supervisor.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (formerly Occ 304.07) (see Revision Note at chapter heading for Occ 300)

 

          Occ 304.07  Professional Obligations of Conditional Licensees.  Conditional licensees shall at all times be:

 

          (a)  Bound by the requirements of Occ 500; and

 

          (b)  Subject to the same disciplinary sanctions as are holders of other licenses issued by the board.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15 (formerly Occ 304.08, renumbered by #13243) (see Revision Note at chapter heading for Occ 300)

 

         Occ 304.08  Expiration and Suspension of Conditional Licenses.

 

         (a)  A conditional license shall expire when the board approves or denies the submission of documents described in Occ 304.03 required for full initial licensure.

 

         (b)  The conditional licensee shall have the right to challenge the board’s denial of full licensure through an adjudicative hearing.

 

         (c)  The board shall suspend a conditional license under the following circumstances:

 

(1)  Practice by the conditional licensee without supervision;

 

(2)  The conditional licensee’s termination from employment for cause; or

 

(3) The conditional licensee’s termination from employment for incompetence during a probationary period.

 

         (d)  The board shall suspend a conditional license pursuant to (c)(1) through (3) above only after:

 

(1)  Giving the conditional licensee notice containing:

 

a.  A statement of the board’s intention to suspend the conditional license;

 

b.  The grounds of the intended suspension;

 

c.  The date of the intended suspension; and

 

d.  A statement that the conditional licensee has the right to request an adjudicative hearing to challenge the intended suspension; and

 

(2)  Providing the conditional licensee the opportunity to challenge the intended suspension at an adjudicative hearing.

 

         (e)  The board shall suspend a conditional license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

 

Source.  #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (formerly Occ 304.09) (see Revision Note at chapter heading for Occ 300)

 

PART Occ 305  the Use of Physical Agent Modalities

 

REVISION NOTE:

 

          Document #13312, effective 12-21-21, adopted, readopted with amendments, or repealed all of the rules in Part Occ 305, and re-titled the part heading from “Certification for the Use of Physical Agent Modalities” to “The Use of Physical Agent Modalities.”  Document #13312 replaced all prior filings for the rules in the former Part Occ 305.  Document #13312 readopted with amendments Occ 305.01 titled “Definitions.”  Document #13312 also adopted Occ 305.02 titled “Physical Agent Modalities”, Occ 305.03 titled “Required Professional Education”, and Occ 305.04 titled “Methods for Obtaining Required Professional Education.”

 

          Document #13312 repealed the following rules:

 

                  Occ 305.02 titled “PAM Certificates Authorizing the Use of Physical Agent Modalities

                  Occ 305.03  titled “Eligibility for PAM Certificates”

                  Occ 305.04  titled “Requirements for Applicants Not Currently Licensed in this State as Physical Therapists or Physical Therapist Assistants”

                  Occ 305.05  titled “Required Professional Education”

                  Occ 305.06  titled “Methods for Obtaining Required Professional Education”

                  Occ 305.07 titled “Supervised Clinical Applications Required of all Applicants Not Currently Licensed in this State as Physical Therapists or Physical Therapist Assistants”

                  Occ 305.08  titled “Procedure for Applying for a PAM Certificate”

                  Occ 305.09  titled “PAM Certificate Application Form”

                  Occ 305.10  titled “Effect of Supervisor's Signature”

                  Occ 305.11  titled “Required Accompanying Documents”

 

          The prior filings affecting the repealed Occ 305.02 through Occ 305.07 included:

 

                  #8297, eff 3-1-05

                  #8895, eff 6-7-07

                  #10901, eff 7-29-15

 

          The prior filings affecting the repealed Occ 305.08 though Occ 305.11 included:

 

                  #8297, eff 3-1-05

                  #8895, eff 6-7-07

                  #9147, eff 4-30-08

                  #10901, eff 7-29-15

 

PART Occ 305  the Use of Physical Agent Modalities

 

         Occ 305.01  Definitions.  In Occ 305 the terms used shall have the following meanings:

 

         (a)  "Electrical stimulation modality" means a physical agent modality which consists of the application to the body of electrical current for the purpose of analgesia, muscle contraction, the promotion of healing, the reduction of edema, and other therapeutic results.

 

         (b)  “Hand therapy certification commission” means a non-profit corporation which sponsors a credentialing program for occupational therapists and physical therapists who specialize in upper-extremity rehabilitation.

 

         (c)  “High voltage galvanic stimulation (HVGS)” means an electrical modality produced by a twin peak uni-directional waveform in pulsed current and characterized by its high voltage.

 

         (d)  "Iontophoresis" means the use of direct electrical current to deliver medication or ionized drugs topically into a localized area of tissue.

 

         (e)  “Neuromuscular electrical stimulation (NMES)” means an electrical modality which is used to stimulate the nerves that correspond to a targeted muscle or muscle group, thereby causing a muscle to contract.

 

         (f)  "Phonophoresis" means the use of ultrasound to enhance tissue permeability to assist in the delivery of anti-inflammatory medication.

 

         (g)  "Physical agent modality (PAM)" means the application of temperature, water, light, sound, or electricity for the purpose of producing a response in the body’s muscle, tendon, nerve, skin, fascia, scar, vascular, or other part of the soft tissue system. The modality applied is chosen by the practitioner as an adjunct to, or in preparation for, the client’s ability to engage in occupations.

 

         (h)  "Superficial physical agent modality" means the application to the body of thermal agents, including but not limited to, hot packs, paraffin, fluidotherapy, whirlpool, contrast baths, and ice packs.

 

         (i)  “Transcutaneous electrical nerve stimulation (TENS)” means an electrical modality characterized by the delivery of a pulsed electrical current in the form of a biphasic asymmetrical or symmetrical waveform to the nervous system through the skin via electrodes.

 

         (j)  "Ultrasound" means a physical agent modality using an inaudible sound in the frequency range of approximately 20,000 to 10 billion cycles per second. Ultrasound provides either a thermal or non-thermal therapeutic effect depending on the type of tissue sonated, the frequency utilized, and the mode of delivery.

 

Source.  #8297, eff 3-1-05; ss by #8895, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13312, eff 12-21-21 (see Revision Note at part heading for Occ 305)

 

         Occ 305.02  Physical Agent Modalities.

 

         (a)  An occupational therapist who is licensed under this chapter and who has completed the educational requirements outlined in Occ 305.03 may utilize occupational therapy techniques involving ultrasound or electrical physical agent modality devices.

 

         (b)  An occupational therapy assistant who is licensed under this chapter shall apply ultrasound or electrical physical agent modalities devices only when he or she:

 

(1)  Works under the supervision of a qualified occupational therapist who is licensed under this chapter; and

 

(2)  Has completed the educational requirements outlined in Occ 305.03 may utilize occupational therapy techniques involving ultrasound or electrical agent modality devices.

 

Source.  #13312, eff 12-21-21 (see Revision Note at part heading for Occ 305)

 

         Occ 305.03  Required Professional Education.

 

         (a)  The required professional education relating to ultrasound modalities, including phonophoresis, shall:

 

(1)  Be at least 6 hours in duration for occupational therapists and occupational therapy assistants; and

 

(2)  Cover the following topics:

 

a.  Proper use of ultrasound equipment, including:

 

1.  The use of treatment controls;

 

2.  Soundhead selection;

 

3.  Frequency;

 

4.  Application method; and

 

5.  Equipment maintenance as it relates to overall client safety;

 

b.  Knowledge of the clinical use, optimal parameters, precautions and contraindications to determine, prior to administration, the appropriateness of ultrasound for a client;

 

c.  Knowledge of the physiological effect of ultrasound, including the therapeutic benefits as well as the tissue response for both thermal and non-thermal delivery;

 

d.  Understanding of the optimal parameters for maximum therapeutic benefit in regards to:

 

1.  Tissue depth;

 

2.  Tissue type;

 

3.  Intensity;

 

4.  Size of the area to be sonated; and

 

5.  The mode of ultrasound delivery, including but not limited to, pulse, continuous and medication;

 

e.  The appropriate selection and storage of topical drugs:

 

1.  Prescribed by a licensed healthcare practitioner authorized to prescribe medicine; and

 

2.  Used in the ultrasound treatment; and

 

f.  The proper positioning of the client for maximum safety and therapeutic effectiveness.

 

         (b)  The required professional education relating to electrical stimulation modalities, including, at a minimum, NMES, TENS, iontophoresis and HVGS, shall:

 

(1)  Be at least 15 hours in duration for occupational therapists and occupational therapy assistants; and

 

(2)  Cover, for each of the specific electrical stimulation modalities listed in (b) above, the following topics:

 

a.  Electrotherapeutic terminology and biophysical principles, including current, voltage and amplitude;

 

b.  The normal electrophysiology of nerve and muscle;

 

c.  The types of current, direct, pulsed and alternating, used for electrical stimulation;

 

d.  The duration and type of current appropriate for the client’s neurological status;

 

e.  The following common denominators of electrical currents:

 

1.  Normal and abnormal human responses to direct and alternating current;

 

2.  Current flow effect on tissue, including thermal, chemical and kinetic changes;

 

3.  Waveforms, including:

 

(i)  The true direct current of iontophoresis; and

 

(ii)  Pulsed currents, including monophasic, biphasic and polyphasic;

 

4.  The characteristics of phase, including:

 

(i)  Duration;

 

(ii)  Intensity;

 

(iii)  Charge; and

 

(iv)  Frequency or rate;

 

5.  The modulation of the characteristics listed in e.4. above; and

 

6.  The physiological correlates of the phase characteristics listed in e.4. above;

 

f.  The indications, contraindications, warnings and precautions of electrotherapy, including considerations regarding pathology of nerve and muscle tissue;

 

g.  The rationale and clinical indications of electrotherapy necessary for the safe and appropriate integration in the delivery of occupational therapy;

 

h.  The appropriate selection and storage of topical drugs:

 

1.  Prescribed by a licensed healthcare practitioner authorized to prescribe medicine; and

 

2.  Used in electrical stimulation treatments;

 

i.  The proper positioning of, and adequate instructions to, the client during application of the modality;

 

j.  Appropriate education of the client as to the benefits and risks of the electrotherapeutic treatment;

 

k.  Knowledge of the safe and appropriate operation of the electrical stimulation device and the optimal parameters, including:

 

1.  The intensity;

 

2.  The frequency or rate;

 

3.  The type of current; and

 

4.  The duration of treatment; and

 

l.  The optimal electrode placement, including motor points and physiological effects desired.

 

Source.  #13312, eff 12-21-21 (see Revision Note at part heading for Occ 305)

 

         Occ 305.04  Methods for Obtaining Required Professional Education.

 

         Professional education described in Occ 305.03 shall be obtained through:

 

         (a)  Courses, workshops or trainings delivered by educational institutions, health care institutions or other entities, whether delivered at a professional worksite or not;

 

         (b)  On-line courses; or

 

         (c)  Individualized instruction by:

 

(1)  An individual authorized by the regulatory body of another state to apply ultrasound and electrical stimulation modalities;

 

(2)  An individual currently licensed in this state as a physical therapist; or

 

(3)  An individual who is currently licensed in this state as an occupational therapist or as an occupational therapy assistant and has completed the educational requirements outlined in Occ 305.03.

 

Source.  #13312, eff 12-21-21 (see Revision Note at part heading for Occ 305)

 


CHAPTER Occ 400  CONTINUED STATUS

 

REVISION NOTE:

 

          Document #13417, effective 1-26-22, adopted, readopted with amendments, readopted with amendments and renumbered, or repealed various rules in Chapter Occ 400.  Document #13417 also adopted Occ 403.10 titled “Supporting Materials.”

 

          Document #13417 also changed the heading for Part Occ 402 from “Procedures for Renewing a License and Indicating a Decision Not to Renew” to “Procedures for Renewing a License.”  Document #13417 changed the heading for Occ 406.04 from “Receipt of Academic and Non-Academic Instruction in Occupational Therapy” to “Receipt of Academic Course Work, AOTA Approved Programs, and Non-Academic Conferences, Courses, and Workshops in Occupational Therapy.”  The heading for Occ 406.05 was also changed from “Facility-Based Occupational Therapy In-Service Training” to “Facility-Based In-Service Training as Related to the Practice of Occupational Therapy.”

 

          Document #13417 repealed the following rules:

 

                  Occ 402.01 titled “Procedure for Licensees Who Do Not Wish to Renew Their Licenses”

                  Occ 402.04 titled “License Renewal Application Form”

                  Occ 402.05 titled “Effect of the Renewal Applicant’s Signature”

                  Occ 404.07 titled “Professional Obligations of Conditionally Reinstated Licensees”

                  Occ 406.16 titled “Completion of Distance Learning Courses”

                  Occ 406.17 titled “Teaching Occupational Therapy”

 

          PART Occ 407  DOCUMENTATION OF MAINTENANCE OF CONTINUING COMPETENCE

                  Occ 407.01 titled “Documentation Requirements”

                  Occ 407.02 titled “Maintenance of Current NBCOT Certification”

                  Occ 407.03 titled “Receipt of Academic and Non-Academic Instruction”

                  Occ 407.04 titled “Facility-Based Occupational Therapy In-Service Training”

                  Occ 407.05 titled “Informal Independent Study”

                  Occ 407.06 titled “Formal Mentored Independent Study”

                  Occ 407.07 titled “Direct Supervision of Fieldwork”

                  Occ 407.08 titled “Employer-Required Peer Review Activities”

                  Occ 407.09 titled “Publication of Writing Related to Occupational Therapy”

                  Occ 407.10 titled “Public Professional Presentations Relating to Occupational Therapy”

                  Occ 407.11 titled “Participation in an Occupational Therapy Research Project”

                  Occ 407.12 titled “Specialty Certifications”

                  Occ 407.13 titled “Product Development”

                  Occ 407.14 titled “Participation in the Work of Professional Boards, Committees and Agencies”

                  Occ 407.15 titled “Completion of Distance Learning Courses”

                  Occ 407.16 titled “Teaching Occupational Therapy”

                  Occ 407.17 titled “Cardiopulmonary Certification or Re-Certification”

                  Occ 407.18 titled “Receipt of Universal Precaution Education”

 

                  Occ 408.12 titled “Storage of Medications for Physical Agent Modalities”

 

          The prior filings affecting the repealed Occ 402.01 included:

 

                  #8896, eff 6-7-07

                  #9148, eff 4-30-08

                  #10901, eff 7-29-15

 

          The prior filings affecting the repealed Occ 402.04 included:

 

                  #8297, eff 3-1-05

                  #8895, eff 6-7-07

                  #9147, eff 4-30-08

                  #10901, eff 7-29-15

 

          The prior filings affecting the repealed Occ 402.04 included:

 

                  #8896, eff 6-7-07

                  #9148, eff 4-30-08 (from Occ 402.03)

                  #9951-B, eff 6-29-11

                  #10283, eff 2-28-13

                  #10555, eff 3-26-14

                  #10902, eff 7-29-15

 

          The prior filings affecting the repealed Occ 402.05 included:

 

                  #8896, eff 6-7-07

                  #9148, eff 4-30-08 (from Occ 402.04)

                  #10902, eff 7-29-15

 

          The prior filings affecting the repealed Occ 404.07 included:

 

                  #8896, eff 6-7-07

                  #10555, eff 3-26-14

 

The prior filings affecting the repealed Occ 406.16, Occ 406.17, all rules in Part Occ 407, and Occ 408.12 included:

 

                  #8896, eff 6-7-07

                  #10902, eff 7-29-15

 

          The repeals in Part Occ 402 necessitated the renumbering of Occ 402.02 and Occ 402.03 as Occ 402.01 and Occ 402.02, the renumbering of Occ 402.06 through Occ 402.08 as Occ 402.03 through Occ 402.05, and the renumbering of Occ 402.10 as Occ 402.07, which were also readopted with amendments.  Occ 402.09 was renumbered as Occ 402.06 but was not readopted by Document #13417.

 

          The repeal of Occ 404.07 necessitated the renumbering of Occ 404.08 and Occ 404.09 as Occ 404.07 and Occ 404.08, which were readopted with amendment.

 

          The repeal of Part Occ 407 and Occ 408.12 necessitated the renumbering of Occ 408.01 through Occ 408.11 as Occ 407.01 through Occ 407.11, and the renumbering of Occ 408.13 as Occ 407.12.  But of the rules in the former Part Occ 408, only Occ 408.10, which was readopted with amendment and renumbered as Occ 407.10, was included in Document #13417. 

         

          Source notes for the rules readopted with amendment and renumbered, or simply renumbered, indicate the former rule number. 

 

PART Occ 401  DEFINITIONS

 

         Occ 401.01  "Active in the profession" means, as applied to an applicant for reinstatement of licensure, having engaged in occupational therapy:

 

         (a)  As:

 

(1)  A direct caregiver in occupational therapy;

 

(2)  An occupational therapy educator;

 

(3)  An occupational therapy administrator;

 

(4)  An occupational therapy consultant;

 

(5)  A member of an occupational therapy board or committee;

 

(6)  A student enrolled full time in an advanced occupational therapy degree program; or

 

(7)  A researcher; and

 

         (b)  For 100 hours for the 2 years immediately preceding the submission of the completed application.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

          Occ 401.02  "American Occupational Therapy Association (AOTA)" means the entity recognized as the national professional organization of occupational therapists and occupational therapy assistants.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

          Occ 401.03  "Direct supervision" means:

 

          (a)  One or more face-to-face meetings between a supervisor and the person being supervised for the purpose of reviewing a treatment plan or treatment progress; or

 

          (b)  Direct and continuous observation by the supervisor of the activities of the person being supervised.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

          Occ 401.04  "Indirect supervision" means supervision through the supervisor's review of the treatment progress notes made by the person supervised, telephone conversations between the supervisor and the person supervised, electronic correspondence between the supervisor and the person supervised or any other form of supervision which is not direct supervision.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

          Occ 401.05  “Job shadow” means gaining knowledge about the practice of occupational therapy through observation of an occupational therapist or occupational therapist assistant.

 

Source.  #10902, eff 7-29-15

 

          Occ 401.06  "National Board for Certification in Occupational Therapy, Inc. (NBCOT)" means the entity that develops the national examination for occupational therapy and certifies individuals in occupational therapy practice.

 

Source.  #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15 (from Occ 401.05)

 

          Occ 401.07  "Supervision" means a cooperative process in which 2 or more people participate in a joint effort to establish, maintain or elevate a level of competence and performance.

 

Source.  #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15 (from Occ 401.06)

 

          Occ 401.08  "Supportive tasks" means tasks or treatment which facilitate the delivery of occupational therapy, are routine and are easily learned by unlicensed persons.

 

Source.  #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15  (from Occ 401.07)

 

          Occ 401.09  “Renewal year” means any odd-numbered year which is not the year of initial licensure.

 

Source.  #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15  (from Occ 401.08)

 

PART Occ 402  PROCEDURES FOR RENEWING A LICENSE

 

         Occ 402.01  License Renewal Procedure.

 

         (a)  A licensee wishing to renew his or her current license shall:

 

(1)  Submit the completed renewal application packet described in Occ 402.02; and

 

(2)  Do so by one of the following 3 methods:

 

a.  The timely renewal method consisting of delivery of the completed packet by hand or secure electronic communication on or before December first of the renewal year, or delivery by mail postmarked on or before that date;

 

b.  The late renewal method consisting of:

 

1.  Delivery of the completed packet by hand or secure electronic communication between December 2 and December 31 of the renewal year, or delivery by mail postmarked during the same period; and

 

2.  Inclusion in the packet payment of the late filing fee specified by Ahp 301.02(a) as well as the license renewal fee also specified by Ahp 301.02(a); or

 

c.  If the renewal applicant is on active military duty outside the United States, by delivery of the completed packet by hand, mail or secure electronic communication within 60 days of the renewal applicant’s return to the United States or release from duty, whichever occurs later.

 

         (b)  A licensee wishing to renew his or her current license shall have completed 24 hours of maintenance of continuing competence as described in Occ 406.02.

 

         (c)  Pursuant to RSA 328-F:19, III, licenses to be renewed shall lapse if the renewal applicants do not submit the completed renewal application packet within one of the time periods set forth in (a)(2) above.

 

         (d)  Renewal applicants whose licenses have lapsed shall not practice occupational therapy until their licenses have been reinstated by the board.

 

Source.  #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.01); ss by #10555, eff 3-26-14; ss by #13417, eff 7-26-22 (formerly Occ 402.02) (see Revision Note at chapter heading for Occ 400)

 

         Occ 402.02  License Renewal Application Packet.  Applicants for license renewal shall submit the following components of the application packet:

 

         (a)  In addition to the questions contained on the form described in Ahp 601.03 the licensee shall answer the following question:

 

“Have you been active in the profession as an occupational therapist or occupational therapist assistant by engaging in one of the 7 activities described in Occ 401.01 for 100 hours in the immediately preceding 2 years?”

 

         (b)  The documents described in Occ 402.03; and

 

         (c)  The fee(s) specified by Ahp 301.02(a) for timely or late renewal, as applicable.

 

Source.  #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.02); ss by #10902, eff 7-29-15; ss by #13147, eff 7-26-15; (formerly Occ 402.03); (see Revision Note at chapter heading for Occ 400)

 

         Occ 402.03  Required Documents.  Applicants for licensure renewal shall include in their application packets:

 

         (a)  On a separate sheet, a detailed report of the relevant circumstances concerning any answer in the affirmative from the application form specified in Ahp 601.03; and

 

         (b)  If applying for renewal of licensure as an occupational therapy assistant and employed at the time of applying, a completed supervision form as specified in Ahp 601.06.

 

Source.  #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.05); ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 402.06) (see Revision Note at chapter heading for Occ 400)

 

         Occ 402.04  The Board’s Renewal Application Processing Procedures.

 

         (a)  If the board, after receiving and reviewing a completed license renewal application packet requires further information or documents to determine the renewal applicant's eligibility, the board shall:

 

(1)  So notify the applicant in writing within 30 days; and

 

(2)  Specify the information or documents it requires.

 

         (b)  An application for license renewal shall be complete when the board’s office has received:

 

(1)  The completed application packet; and

 

(2)  Any additional information or documents which may have been requested pursuant to (a) above.

 

         (c)  Within 60 days of the date that the renewal application packet is completed, the board shall issue written approval of, or intent to deny, the application.

 

         (d)  The board shall refund the license renewal fee if:

 

(1)  The applicant withdraws the application for license renewal before the license is issued; or

 

(2)  The board denies the application.

 

         (e)  A renewal applicant wishing to challenge the board's intent to deny the application for license renewal shall:

 

(1)  Make a written request for a hearing of the applicant's challenge; and

 

(2)  Submit this request to the board:

 

a.  Within 60 days of the board’s notification of intent to deny; or

 

b.  If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

 

Source.  #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.06); ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 402.07) (see Revision Note at chapter heading for Occ 400)

 

         Occ 402.05  Renewal of Licensure.  The board shall renew the licenses of licensees who:

 

         (a)  Have timely submitted the completed renewal application packet;

 

         (b)  Have reported on the renewal application form their compliance with the maintenance of continuing competence obligations set forth in Occ 406.02;

 

         (c)  Are of good moral and professional character, as evidenced by:

 

(1)  The answers to the questions found on the renewal application form as specified in Ahp 601.01; and

 

(2)  Any related documents submitted pursuant to Occ 402.03(a); and;

 

          (d)  Have been active in the profession as described in Occ 401.01.

 

Source.  #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.07); ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 402.08) (see Revision Note at chapter heading for Occ 400)

 

          Occ 402.06  Required Documents.  Applicants for licensure renewal shall include in their application packets:

 

          (a)  A detailed report of the relevant circumstances if any of the answers to questions Occ 402.04(e) on part one of the application form is in the affirmative;

 

          (b)  On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions Occ 402.04(k) on part 2 of the application form is in the affirmative; and

 

          (c)  If applying for renewal of licensure as an occupational therapy assistant and employed at the time of applying, a supervision form completed as described in Occ 408.10.

 

Source.  #9148, eff 4-30-08 (from Occ 402.08); ss by #10555, eff 3-26-14; renumbered by #13417 (formerly Occ 402.09) (see Revision Note at chapter heading for Occ 400)

 

         Occ 402.07  Audit Procedure.

 

         (a)  The board shall select on a random basis 10% of the renewal applications submitted in each renewal year for an audit of completion of maintenance of continuing competence required by Occ 406.02.

 

         (b)  Audited renewal applicants who report on their renewal application form that they completed maintenance of continuing competence before December 31st of the renewal year shall:

 

(1)  Submit proof in the form of documentation described in Occ 406; and

 

(2)  Do so no later than February 28 of the year following the renewal year.

 

         (c)  If the board observes that the documents submitted pursuant to (b)(1) above do not support the renewal applicant's claim of maintenance of continuing competence, the board shall review the possibility that the renewal applicant made an error on his or her renewal application form or in submitting documents.

 

         (d)  In making the review called for by (c) above the board shall seek further information from the renewal applicant if doing so will aid in the review.

 

         (e)  If, having completed the review required by (c) above, the board determines that the renewal applicant made an error in reporting or in submitting documents, but did not intentionally falsely report maintenance of continuing competence, the board shall:

 

(1)  Require correction of the error; or

 

(2)  If the error cannot be corrected issue a notice of hearing to determine if the renewal license should be suspended pursuant to Occ 405.02.

 

         (f)  If, having completed the review required by (d) above, the board believes that the renewal applicant has intentionally falsely reported maintenance of continuing competence, the board shall commence a disciplinary adjudicative proceeding in the manner required by Ahp 209.01.

 

Source.  #10555, eff 3-26-14 (from Occ 402.09); ss by #13417, eff 7-26-22 (formerly Occ 402.10) (see Revision Note at chapter heading for Occ 400)

 

PART Occ 403  REINSTATEMENT OF LICENSES

 

         Occ 403.01  Licenses Subject to Reinstatement.  The following licenses shall be subject to reinstatement by the board:

 

         (a)  Licenses lapsed pursuant to Occ 402.01(b);

 

         (b)  Licenses suspended pursuant to Occ 402.06(f)(2); and

 

         (c)  Licenses suspended for disciplinary reasons as part of a settlement pursuant to Ahp 214 or as part of an order of the board.

Source.  #8896, eff 6-7-07; ss by #9148, eff 4-30-08; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.02  Board's Procedure for Reinstatement Applications.

 

         (a)  If the board, after receiving and reviewing a completed application for reinstatement of licensure, requires further information or documents to determine the reinstatement applicant's qualification, the board shall:

 

(1)  So notify the applicant in writing within 30 days; and

 

(2)  Specify the information or documents it requires.

 

         (b)  The board shall issue written approval or denial of an application for reinstatement of licensure within 60 days of the date that the application is complete.

 

         (c)  The board shall refund the reinstatement fee if:

 

(1)  The applicant withdraws the application for reinstatement before the license is issued; or

 

(2)  The board denies the application.

 

         (d)  If the board denies an application for reinstatement of licensure, the board shall include in its notice of denial the information stated in (e) below.

 

         (e)  An applicant wishing to challenge the board's denial of an application for reinstatement of licensure shall:

 

(1)  Make a written request for a hearing of the applicant's challenge; and

 

(2)  Submit this request to the board:

 

a.  Within 60 days of the board’s notification of denial; or

 

b.  If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.03  Reinstatement Application Form.

 

         (a)  The reinstatement application form shall be the completed and signed application form specified in Ahp 601.02.

 

Source.  #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.04  Early Reinstatement of Lapsed Licenses.  The board shall reinstate lapsed licenses if the affected individuals:

 

         (a)  Submit their applications for reinstatement and provided all the information described in (d) below within 70 days of the last date on which their New Hampshire licenses were valid;

 

         (b)  Are of good moral and professional character, as evidenced by:

 

(1)  Answers to the questions found on the reinstatement application form as specified in Ahp 601.02;

 

(2)  Any reports submitted pursuant to Occ 403.10(b); and

 

(3)  The written statement required by Occ 403.10(c);

 

         (c)  Have completed any maintenance of continuing competence obligations under Occ 406.02 due to have been completed at the time their licenses lapsed;

 

         (d)  Have complied with the following application procedures:

 

(1)  Completion of the reinstatement application form as described in Ahp 601.02;

 

(2)  Payment of the reinstatement fee set forth in Ahp 301.02(a); and

 

(3)  Submission of the documents described in Occ 403.10 (a) through (c); and

 

         (e)  Have been active in the profession as described in Occ 401.01.

 

Source.  #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15 (from Occ 403.03); ss by #12005, eff 10-14-16; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.05  Delayed Reinstatement of Lapsed Licenses for Those Who Have Been Active in the Profession in Another State.  The board shall fully reinstate licenses which have been lapsed for any period of time in excess of 70 days if the affected individuals:

 

         (a)  Have been, in another state, active in the profession as defined by Occ 401.01 since their New Hampshire licenses ceased to be valid;

 

         (b)  Are of good moral and professional character, as evidenced by:

 

(1)  Answers to the questions found on the “Application for Reinstatement of Licensure or Certification” form pursuant to Ahp 601.02;

 

(2)  Any reports submitted pursuant to Occ 403.10(b);

 

(3)  The written statement required by Occ 403.10(c);

 

(4)  Any criminal offender record reports submitted in accordance with Occ 403.10(d); and

 

(5)  Any verification letters submitted pursuant to Occ 403.10(f);

 

         (c)  Have maintained continuing competence by:

 

(1)  Completing within the 2 calendar years just preceding the submission of the reinstatement application 24 contact hours of continuing professional education distributed as follows:

 

a  At least half of such contact hours relating directly to the clinical application of occupational therapy; and

 

b.  The balance of such contact hours relating to general occupational therapy theory and practice, including, but not limited to, supervision and consultation skills, curriculum development and trans-disciplinary issues or skills; or

 

(2)  Holding current NBCOT certification; and

 

         (d)  Have complied with the following application procedures:

 

(1)  Completion of the “Application for Reinstatement of Licensure or Certification” form as specified in Ahp 601.02;

 

(2)  Payment of the reinstatement fee set forth in Ahp 301.02(a); and

 

(3)  Submission of the documents described in Occ 403.10:

 

Source.  #8896, eff 6-7-07; ss by #10555, eff 3-26-14; ss and renumbered by #10902, eff 7-29-15 (from Occ 403.04); ss by #12005, eff 10-14-16; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

 

         Occ 403.06  Conditional Reinstatement of Licensure for Those Who Have Not Been Active in the Profession and Seek Reinstatement of Lapsed Licenses Up to Six Years Later.

 

         (a)  For those not active in the profession as defined by Occ 401.01 and seeking reinstatement of licenses lapsed up to and including 6 years before the date of the reinstatement application, the board shall conditionally reinstate their licenses, as further set forth in Occ 404, if the affected individuals:

 

(1)  Are of good moral and professional character, as evidenced by:

 

a. Answers to the questions found on the “Application for Reinstatement of Licensure or Certification” form pursuant to Ahp 601.02;

 

b.  Any reports submitted pursuant to Occ 403.10(b);

 

c.  The written statement required by Occ 403.10(c);

 

d.  Any criminal offender record reports submitted in accordance with Occ 403.10(d); and

 

e.  Any verification letters submitted pursuant to Occ 403.10(f);

 

(2)  Have maintained continuing competence by:

 

a.  Completing within the 2 calendar years just preceding the submission of the reinstatement application 24 contact hours of continuing professional education distributed as follows:

 

1.  At least half of such contact hours relating directly to the clinical application of occupational therapy; and

 

2.  The balance of such contact hours relating to general occupational therapy theory and practice, including, but not limited to, supervision and consultation skills, curriculum development and trans-disciplinary issues or skills; or

 

b.  Continually maintaining NBCOT certification; and

 

(3)  Have complied with the application procedures set forth in (b) below.

 

         (b)  The application procedures for those seeking conditional reinstatement pursuant to (a) above shall be:

 

(1)  Completion of the “Application for Reinstatement of Licensure or Certification” form as specified in Ahp 601.02;

 

(2)  Payment of the reinstatement fee set forth in Ahp 301.02(a); and

 

(3)  Submission of the document described in Occ 403.10.

 

Source.  #8896, eff 6-7-07; ss by #10555, eff 3-26-14; ss and renumbered by #10902, eff 7-29-15 (from Occ 403.05); ss by #12005, eff 10-14-16; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.07  Reinstatement of Licensure for Occupational Therapists Who Have Not Been Active in the Profession and Seek Reinstatement of Licenses Lapsed More Than Six Years Ago.

 

         (a)  For those not active in the profession as defined by Occ 401.01 and seeking reinstatement of licenses lapsed for more than 6 years, the board shall reinstate their licenses if the affected individuals:

 

(1)  Are of good moral and professional character, as evidenced by:

 

a.  Answers to the questions found on the “Application for Reinstatement of Licensure or Certification” form pursuant to Ahp 601.02;

 

b.  Any reports submitted pursuant to Occ 403.10(b);

 

c.  The written statement required by Occ 403.10(c);

 

d.  Any criminal offender record reports submitted in accordance with Occ 403.10(d); and

 

e.  Any verification letters submitted pursuant to Occ 403.10(f);

 

(2)  Have performed 100 hours of job-shadowing of a licensed occupational therapist during the 6 months immediately preceding the reinstatement application;

 

(3)  Have retaken and passed the NBCOT examination; and

 

(4)  Have complied with the application procedures set forth in (b) below.

 

         (b)  The application procedures for those seeking reinstatement pursuant to (a) above shall be:

 

(1)  Completion of the “Application for Reinstatement of Licensure or Certification” form as specified in Ahp 601.02;

 

(2)  Payment of the reinstatement fee set forth in Ahp 301.02(a); and

 

(3)  Submission of the following:

 

a.  Documents described in Occ 403.10 with the exception of (e) and (h);

 

b.  Proof of compliance with the job-shadowing requirement in (a)(2) above in the form of a letter:

 

1.  Stating:

 

(i)  That the reinstatement applicant performed 100 hours of job shadowing; and

 

(ii)  The time period during which the shadowing was performed;

 

2.  Written on business letterhead; and

 

3. Signed by the licensed occupational therapist who was shadowed;

 

Source.  #8896, eff 6-7-07; ss by #10555, eff 3-26-14; ss and renumbered by #10902, eff 7-29-15 (from Occ 403.06); ss by #12005, eff 10-14-16; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.08  Reinstatement of Licensure for Occupational Therapy Assistants Who Have Not Been Active in the Profession and Seek Reinstatement of Licenses Lapsed More Than Six Years Ago.  For occupational therapy assistants not active in the profession as defined by Occ 401.01 and seeking reinstatement of licenses lapsed for more than 6 years, the board shall reinstate their licenses if they meet all requirements set forth in Occ 403.07, except that they shall job-shadow either a licensed occupational therapist or a licensed occupational therapy assistant.

 

Source.  #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15 (from Occ 403.07) ; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 403.09  Reinstatement of Licenses Suspended for Disciplinary Reasons.

 

(a)  The board shall reinstate licenses suspended for disciplinary reasons by order of the board in accordance with the terms of the order and the requirements set forth in Occ 403.06.

 

(b)  The board shall reinstate licenses suspended as part of a settlement agreement pursuant to Ahp 214 in accordance with the terms of the settlement agreement and the requirements set forth in Occ 403.06.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #12005, eff 10-14-16

 

         Occ 403.10  Supporting Materials.  The materials supporting the reinstatement application shall be as described below:

 

         (a)  A 2 X 2 photograph of the applicant’s face taken within the immediately preceding 6 months;

 

         (b)  On a separate sheet, a detailed report of the relevant circumstances concerning any answer in the affirmative from the application form specified in Ahp 601.03;

 

         (c)  A written statement that the reinstatement applicant has not engaged in occupational therapy in New Hampshire on a volunteer or paid basis since the date that his or her license ceased to be valid in New Hampshire;

 

         (d)  Either:

 

(1)  A criminal history records check form and fingerprint card, seeking both a New Hampshire and a federal records check, in accordance with the procedure specified by the NH department of safety at Saf-C 5700, Operation of the Central Repository: Criminal Records, with the required fee; 

 

a.  If the federal criminal history records check shows the existence of a criminal record in another state, the applicant shall obtain a detailed criminal record check directly from that state and provide it to the board; or

 

(2)  An original, not a photocopy, of a criminal offender record report:

 

a.  Issued by each state where the applicant has resided or been licensed within the past 6 years, provided that such state(s) shall:

 

1.  Send the report to the board; or

 

2.  To the applicant for forwarding to the board;

 

b.  Covering the applicant under his or her name and any aliases; and

 

c.  Dated within the 6 months of the submission of the application.

 

         (e)  A chronologically organized resume covering the 24 months immediately preceding the reinstatement application, reporting for each paid or volunteer occupational experience:

 

(1)  A description of the experience;

 

(2)  Whether the experience was as:

 

a.  A direct caregiver in occupational therapy;

 

b.  An occupational therapy educator;

 

c.  An occupational therapy administrator;

 

d.  An occupational therapy consultant;

 

e.  A member of an occupational therapy board or committee;

 

f.  A student enrolled full time in an advanced occupational therapy degree program; or

 

g.  A researcher;

 

(3)  The time period of the experience described by its beginning and ending dates;

 

(4)  An estimate of the total number of hours of the experience;

 

(5)  The number of hours of the experience estimated on a per-week or per-month basis; and

 

(6)  The physical address of each separate experience;

 

         (f)  An official letter of verification sent directly to the board from every state which has issued a license or other authorization to practice since the date that the reinstatement applicant's license ceased to be valid in New Hampshire, stating whether:

 

(1)  The license or other authorization is or was, during its period of validity, in good standing; and

 

(2)  Whether any disciplinary action was taken against the license or other authorization to practice;

 

         (g)  Transcripts as required by Occ 302.04(d) if not previously submitted; and

 

         (h)  Documentation of maintenance of continuing competence as described in Occ 406.

 

Source.  #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

PART Occ 404  CONDITIONAL REINSTATEMENT OF LICENSE

 

Occ 404.01  Conditionally Reinstated Licenses.  Licenses reinstated conditionally pursuant to Occ 403.05 shall:

 

(a)  Limit the licensee to practicing occupational therapy under the following conditions:

 

(1)  Direct supervision by a supervisor who meets the requirements of Occ 404.04 during 5 percent of the hours worked each week; and

 

(2)  Indirect supervision by such a supervisor for another 5 percent of the hours worked each week; and

 

(b)  Expire at the end of 26 weeks unless extended pursuant to Occ 404.06.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 404.02  Full Licensure of Conditionally Reinstated Licensees.

 

(a)  To achieve full licensure conditionally reinstated licensees shall, within the period of validity of their conditionally reinstated licenses:

 

(1)  Practice under the supervision required by Occ 404.01(a) for at least 12 weeks if practicing 32 hours each week or for at least 24 weeks if practicing fewer than 32 hours each week; and

 

(2)  Demonstrate competence as documented by at least one supervisory letter complying with (b) below.

 

(b)  The supervisory letter demonstrating competence shall:

 

(1)  Be on the supervisor's business stationery, dated and signed by the supervisor;

 

(2)  Submitted to the board by the supervisor;

 

(3)  Include the supervisor's statement that:

 

a.  The required supervised practice was completed; and

 

b.  The supervision rules were followed; and

 

(4)  Include the supervisor's statement that, in the opinion of the supervisor, the person supervised is competent to practice under full licensure.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

         Occ 404.03  Administrative Obligations of Conditionally Reinstated Licensees.

 

         (a)  Before being issued a conditional license authorizing supervision by each individual who will provide some or all of the weeks of supervision, conditionally reinstated licensees shall:

 

(1)  Give to these individuals a supervision form to complete and a copy of Occ 404;

 

(2)  Discuss the required supervision with these individuals; and

 

(3)  Submit to the board the completed supervision form(s) as specified in Ahp 601.06.

 

         (b)  Conditionally reinstated licensees shall submit a revised or additional supervision form to the board:

 

(1)  Within 30 days of the date of change each time there is a change in the person providing supervision; and

 

(2)  Whenever the conditionally reinstated licensee takes on a second employer.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

          Occ 404.04  Eligibility Requirements for Supervisors.  To qualify to provide supervision to conditionally reinstated licensees, individuals shall be:

 

          (a)  Currently licensed in New Hampshire as occupational therapists;

 

          (b)  Non-probationary employees not under disciplinary investigation or under pending disciplinary charges and have not had disciplinary action taken against them in any state within the past 5 years; and

 

          (c)  Not related in any of the following ways to the conditional licensees to be supervised:

 

(1)  Spouse;

 

(2)  Parent, step-parent, parent-in-law or step-parent in-law;

 

(3)  Natural, foster or adopted child or stepchild;

 

(4)  Sibling, brother-in-law or sister-in-law;

 

(5)  First or second cousin;

 

(6)  Grandparent; or

 

(7)  Aunt or uncle.

 

Source.  #8896, eff 6-7-07; ss by #10555, eff 3-26-14

 

Occ 404.05  Supervision Form.  The supervision form shall be the form specified in Ahp 601.06.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 404.06  Extension of Conditionally Reinstated Licenses.

 

         (a)  The board shall extend the period of validity of a conditionally reinstated license for not more than 26 weeks when:

 

(1)  The request for the extension of the conditionally reinstated license is received when the conditional license is still valid;

 

(2)  The licensee has been unable to comply with Occ 404.02 because:

 

a.  The conditional licensee is unable to complete the required weeks of practice for any reason other than being fired for cause or terminated during probationary employment because of incompetence; or

 

b.  The conditional licensee is unable to submit the required supervisory letter for a reason unrelated to the supervisor’s belief that the licensee is not competent to practice under full licensure; and

 

(3)  The conditional licensee submits a written request for the extension stating the facts relating to one of the reasons in (2) above.

 

         (b)  The board shall extend the period of validity of a conditional license for the period of time, not to exceed 6 weeks, specified by the supervisor of the conditional licensee when:

 

(1)  The conditional license is still valid; and

 

(2)  The conditional licensee submits the supervisor’s signed statement of opinion that the licensee will become competent to practice under full licensure if the conditional license is extended for a period to time, not to exceed 6 weeks, specified by the supervisor.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 404.07  Issuance of Full Initial License to Conditionally Reinstated Licensee.  The board shall issue a full license when the conditionally reinstated licensee has:

 

         (a)  Completed the supervised practice required by Occ 404.02(a)(l); and

 

         (b)  Submitted to the board the supervisory letter described in Occ 404.02(a)(2) within 14 days of completion of the supervision.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 404.08) (see Revision Note at chapter heading for Occ 400)

 

         Occ 404.08  Expiration and Suspension of Conditionally Reinstated Licenses.

 

         (a)  Notwithstanding Occ 404.01(b), a conditionally reinstated license shall expire when the board approves or denies full initial licensure.

 

         (b)  The conditionally reinstated licensee shall have the right to challenge the board’s denial of full licensure through an adjudicative hearing.

 

         (c)  The board shall suspend a conditionally reinstated license under the following circumstances:

 

(1)  Practice by the licensee without supervision;

 

(2)  The licensee’s termination from employment for cause; or

 

(3)  The licensee’s termination from employment for incompetence during a probationary period.

 

         (d)  The board shall suspend a conditionally reinstated license pursuant to (c)(1) through (3) above only after:

 

(1)  Giving the licensee notice containing:

 

a.  A statement of the board’s intention to suspend the conditionally reinstated license;

 

b.  The grounds of the intended suspension;

 

c.  The date of the intended suspension; and

 

d. A statement that the conditionally reinstated licensee has the right to request an adjudicative hearing to challenge the intended suspension; and

 

(2)  Providing the conditionally reinstated licensee the opportunity to challenge the intended suspension at an adjudicative hearing.

 

         (e)  The board shall suspend a conditionally reinstated license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 404.09) (see Revision Note at chapter heading for Occ 400)

 

PART Occ 405  REVOCATION, SUSPENSION AND OTHER SANCTIONS

 

Occ 405.01  Definitions.

 

(a)  "Sexual misconduct" means engaging in one or more of the following activities with respect to a client:

 

(1)  Engaging in sexual relations, whether consensual or non-consensual;

 

(2)  Making sexual advances;

 

(3)  Requesting sexual favors; or

 

(4)  Engaging in physical contact of a sexual nature.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 405.02  Misconduct.  Misconduct shall be:

 

(a)  Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for a license, license renewal, or license reinstatement;

 

(b)  Conviction of any criminal offense involving:

 

(1)  Injury to a victim;

 

(2)  The risk of such injury; or

 

(3)  Dishonesty;

 

(c)  Failure to report to the board a conviction described in (b) above within 30 days;

 

(d)  Violation of the ethical standards adopted by the board;

 

(e)  Engaging in sexual misconduct;

 

(f)  Violation of any provision of Occ 408;

 

(g)  Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition;

 

(h)  The imposition of disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;

 

(i)  Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state;

 

(j)  Practice without a currently valid license; and

 

(k)  Violation of:

 

(1)  Any provision of RSA 328-F;

 

(2)  Any provision of RSA 326-C;

 

(3)  Any rule adopted by the board; or

 

(4)  Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 405.03  Sanctions.

 

(a)  Pursuant to RSA 328-F:23, IV(a) through (f), disciplinary measures available to the board to sanction misconduct shall be:

 

(1)  License revocation;

 

(2)  License suspension for a specified period of time;

 

(3)  License suspension conditioned on the achievement of specified continuing competence requirements or continuing education, clinical experience or training;

 

(4)  License suspension conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program or in any other program designed to overcome the deficiency or condition in the licensee which appears to have caused the misconduct;

 

(5)  A requirement that the licensee's practice be supervised for a specified period of time by a licensed occupational therapist; and

 

(6)  The imposition of an administrative fine not to exceed $1,000 for:

 

a.  Misconduct as described in Occ 405.02; or

 

b.  The practice of occupational therapy by a person who was once licensed to practice such profession but does not currently hold a valid license, or who is practicing in violation of the conditions upon which he or she is licensed.

 

(b)  Pursuant to RSA 328-F:23, IV(g), a measure available to the board to sanction continuing misconduct of the kinds described in (a)(6) above shall be the imposition of an administrative fine of $100 for each day the misconduct continues after notice from the board that the misconduct shall cease.

 

(c)  Pursuant to RSA 328-F:23,V an additional measure available to the board to sanction misconduct shall be denial of license renewal or reinstatement.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 405.04  Procedure for Imposition of Sanctions.  Other than immediate license suspension authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

 

(a)  After prior notice to the licensee in accordance with Ahp 209.01 and the opportunity for the licensee to be heard; or

 

(b)  By agreement in a settlement between the board and the licensee made pursuant to Ahp 214.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 405.05  Determinations Required for Sanctions.

 

(a)  In determining which sanction or combination of sanctions to impose, the board shall:

 

(1)  First determine the nature of the act or omission constituting the misconduct done by the licensee;

 

(2)  Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

 

(3)  Finally, apply the standards in Occ 405.06.

 

(b)  The characteristics shall be:

 

(1)  The misconduct actually caused physical or mental harm to the client or another person;

 

(2)  The misconduct had the potential to cause physical or mental harm to the client or another person;

 

(3)  The misconduct repeated earlier misconduct done by the licensee, as determined by:

 

a.  An earlier hearing;

 

b.  An earlier settlement agreement predicated on the same misconduct by the licensee; or

 

c.  An admission by the licensee;

 

(4)  The misconduct was not the first misconduct by the licensee, as determined by:

 

a.  An earlier hearing;

 

b.  An earlier settlement agreement predicated on misconduct by the licensee; or

 

c.  An admission by the licensee; and

 

(5)  The misconduct was intentional rather than the result of negligence or inadvertence.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 405.06  Standards for the Selection of Sanctions.  The board shall select appropriate sanction(s):

 

(a)  From the list in Occ 405.03; and

 

(b)  By choosing, in light of the characteristics determined pursuant to Occ 405.05(b), the sanction or combination of sanctions most likely to:

 

(1)  Protect public health and safety;

 

(2)  Prevent future misconduct by the licensee;

 

(3)  Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;

 

(4) Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;

 

(5)  Encourage the responsible practice of occupational therapy; and

 

(6)  Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

Occ 405.07  Unauthorized Practice.  When the board determines that one of the following measures is likely to be the most effective way to stop unauthorized practice as defined in RSA 328-F:27, II, the board shall:

 

(a)  Issue a cease and desist order against the person or entity engaged in the unauthorized practice; or

 

(b)  Seek an injunction against such person or entity.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15

 

PART Occ 406  MAINTENANCE OF CONTINUING COMPETENCE

 

         Occ 406.01  Definitions.  In Occ 406 the following terms shall have the following meanings:

 

         (a)  "American Occupational Therapy Association (AOTA)" means the national professional association of occupational therapists, occupational therapy assistants and students of occupational therapy, organized with the purpose to advance the quality, availability, use, and support of occupational therapy through standard-setting, advocacy, education, and research on behalf of its members and the public.

 

         (b)  "Certification in Hand Therapy (CHT)" means a certification issued by the hand therapy certification commission, a non-profit corporation which sponsors a credentialing program for occupational therapists and physical therapists who specialize in upper-extremity rehabilitation.

 

         (c)  “Contact hour” means a unit of measure of continuing professional education or professional activity.

 

         (d)  “Continuing professional education or professional activity" means structured courses, activities and experiences beyond entry-level professional preparation that are designed to provide advanced or enhanced knowledge in the field of occupational therapy.

 

         (e)  "Distance-learning" means electronic participation in continuing competence activities described in Occ 406.02(d) so long as the participation can be proven with the appropriate document described in Occ 406.

 

         (f)  "Level II fieldwork student" means a student who is in the clinical component of his or her academic program and is provided with the opportunity to integrate academic knowledge with the application of therapeutic skills in a supervised practice setting.

 

         (g)  Maintenance of continuing competence” means using a dynamic multidimensional process to develop and maintain for the purpose of performing professional responsibilities the following abilities:

 

(1)  Knowledge;

 

(2)  Performance skills;

 

(3)  Interpersonal abilities;

 

(4)  Critical reasoning; and

 

(5)  Ethical reasoning.

 

         (h)  "Certification in neurodevelopmental treatment (NDT)" means a certification issued by the Neurodevelopmental Treatment Association, a non-profit corporation which sponsors certification courses for occupational therapists and physical therapists who specialize in neurodevelopmental treatment.

 

         (i)  "Universal precaution education" means didactic education addressing infectious diseases, including but not limited to, HIV and hepatitis B, and addressing the precautions to be taken when such diseases are present in clients.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.02  Maintenance of Continuing Competence.

 

         (a)  Licensees intending to renew their licensure shall maintain continuing competence by:

 

(1)  Completing 24 contact hours of continuing professional education per biennium in accordance with (d) below if they are renewing:

 

a.  An initial license issued in an even-numbered year; or

 

b.  A license already renewed at least once; or

 

(2)  Completing 6 contact hours of continuing professional education in accordance with (d) below if they are renewing an initial license issued between January 1 and August 31 in an odd-numbered year.

 

         (b)  At least one half of the contact hours required by (a) above shall relate directly to the clinical application of occupational therapy and these hours shall be considered clinical hours.

 

         (c)  The balance of the contact hours required by (a) above shall relate to general occupational therapy theory and practice, including, but not limited to, supervision and consultation skills, curriculum development and trans-disciplinary issues or skills.

 

         (d)  Continuing competence shall be accumulated through on-site, distance-learning or other participation in the following activities related to occupational therapy:

 

(1)  Maintenance of current NBCOT certification, as further described in Occ 406.03

 

(2)  Receipt of academic instruction and non-academic conferences, courses, and workshops in occupational therapy, as further described in Occ 406.04;

 

(3)  Facility-based in-service training as related to the practice of occupational therapy, as further described in Occ 406.05;

 

(4)  Informal independent study as further described in Occ 406.06;

 

(5)  Formal mentored independent study as further described in Occ 406.07;

 

(6)  Direct supervision of fieldwork, as further described in Occ 406.08;

 

(7)  Employer-required peer review activities, as further described in Occ 406.09;

 

(8)  Publication of writing related to occupational therapy, as further described in Occ 406.10;

 

(9)  Public professional presentations relating to occupational therapy, as further described in Occ 406.11;

 

(10)  Participation in an occupational therapy research project, as further described in Occ 406.12;

 

(11)  Specialty certifications, as further described in Occ 406.13;

 

(12)  Product development, as further described in Occ 406.14;

 

(13)  Participation in the work of professional boards, committees, and agencies, as further described in Occ 406.15;

 

(14)  Cardiopulmonary certification or re-certification, as further described in Occ 406.16; and

 

(15)  Receipt of universal precaution education, as further described in Occ 406.17.

 

Source.  #8896, eff 6-7-07; ss by #10283, eff 2-28-13; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.03  Maintenance of NBCOT Certification.

 

         (a)  The board shall recognize as maintenance of continuing competence a licensee's maintenance of current NBCOT certification.

 

         (b)  Maintenance of NBCOT certification shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the biennium.

 

         (c)  Documentation of maintenance of continuing competence for NBCOT certification shall be a photocopy of the front and back of the certificate issued by NBCOT.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.04  Receipt of Academic Course Work, AOTA Approved Programs, and Non-Academic Conferences, Courses, and Workshops in Occupational Therapy.

 

         (a)  The Board shall recognize academic coursework and documentation as follows:

 

(1)  Receipt of academic course work shall be a licensee's completion of academic course work in occupational therapy sponsored and assigned credit by a college or university;

 

(2)  Credit for academic course work shall be 15 contact hours for each credit hour of academic course work; and

 

(3)  Documentation of successful completion of academic course work shall be:

 

a.  An official transcript showing successful completion of the course and the date of the course; and

 

b.  One of the following descriptions of the course:

 

1.  The description of the course copied from the college or university catalogue; or

 

2.  The course syllabus.

 

         (b)  The board shall recognize AOTA approved provider programs and documentation as follows:

 

(1)  Credit for AOTA approved programs shall be a licensee's completion of any continuing education program given by a provider approved by AOTA.

 

(2)  Credit for completing an AOTA approved program shall be the contact hours attributed to the program by the provider.

 

(3)  Documentation of attendance at programs of AOTA-approved providers shall be an official certificate showing:

 

a.  The licensee’s name;

 

b.  The name and location of the program;

 

c.  The name of the provider;

 

d.  The beginning and ending date(s) of the program;

 

e.  The name of the speaker or instructor;

 

f.  The number of hours credited by the provider; and

 

g.  The signature of the representative of the provider or sponsoring entity.

 

         (c)  The board shall recognize courses, seminars, conferences and workshops as follows:

 

(1)  Credit for shall be completion of courses, seminars, conferences and workshops not described by (a) or (b) above if they are primarily on the topics of:

 

a.  Occupational therapy theory or practice or both; or

 

b.  Any conditions for which occupational therapy is often or usually recommended;

 

(2)  Each clock hour of attendance at such courses, seminars, conferences, and workshops shall equal one contact hour.

 

(3)  Documentation of attendance at non-academic courses, seminars, conferences, and workshops shall be an official certificate showing:

 

a.  The licensee’s name;

 

b.  The name and location of the course, seminar, conference, or workshop;

 

c.  The name of the sponsoring entity;

 

d.  The beginning and ending date(s) of the course, seminar, conference, or workshop;

 

e.  The name of the speaker or instructor;

 

f.  The number of hours credited by the sponsoring entity; and

 

g.  The signature of the speaker, the instructor or sponsoring entity.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.05  Facility-Based In-Service Training as Related to the Practice of Occupational Therapy.

 

         (a)  The board shall recognize as maintenance of continuing competence a licensee's participation in, or attendance at, a facility-based in-service training as related to the practice of occupational therapy consisting in an informal exchange of information at a staff meeting of 2 hours or less.

 

         (b)  The board shall credit the licensee with one contact hour for each clock hour of participation or attendance, to a maximum of 8 contact hours.

 

         (c)  Documentation of participation in facility-based occupational therapy in-service training shall be a memo from the occupational therapy supervisor of the facility showing:

 

(1)  The licensee's name;

 

(2)  The name of the facility and the topic of the in-service training;

 

(3)  The name of the speaker or instructor, if any; and

 

(4)  The date of the in-service training and the licensee's hours of attendance.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.06  Informal Independent Study.

 

         (a)  The board shall recognize informal independent study in occupational therapy as maintenance of continuing competence.

 

         (b)  Informal independent study shall include but not be limited to:

 

(1)  Reading occupational therapy-related books and journals; and

 

(2)  Viewing video recorded occupational therapy-related information.

 

         (c)  The board shall credit the licensee with one contact hour for every 2 clock hours of informal independent study to a maximum of 4 contact hours, provided that the licensee writes a report of the major theses of the book, journal, video recorded information.

 

         (d)  Documentation of informal independent study shall be:

 

(1) The licensee’s signed written statement setting forth, for each item read or video viewed:

 

a.  The title of the item read or video viewed;

 

b.  The author and publisher of the item read or video viewed;

 

c.  The clock hours spent in reading or viewing; and

 

d.  The date of completion of the reading or viewing; and

 

(2)  The licensee's report of the major thesis of the item read or viewed.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.07  Formal Mentored Independent Study.

 

         (a)  The board shall recognize formal mentored independent study in occupational therapy as maintenance of continuing competence so long as the study is performed under a written and signed mentorship agreement setting forth:

 

(1)  The name of the mentor; and

 

(2)  The goals and objectives to be met by the mentored licensee during the course of his or her study.

 

         (b)  The board shall credit the licensee with one contact hour for every 2 clock hours of formal mentored independent study, to a maximum of 4 contact hours.

 

         (c)  Documentation of formal mentored independent study shall be:

 

(1)  A copy of the signed mentorship agreement; or

 

(2)  The licensee's signed written statement describing the mentor-assigned study showing:

 

a.  The dates of the study;

 

b.  The hours spent on the study; and

 

c.  The focus and outcome of the study.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.08  Direct Supervision of Fieldwork.

 

         (a)  The board shall recognize as maintenance of continuing competence the direct supervision of fieldwork when the licensee acts as the primary fieldwork instructor for a level I or level II fieldwork student.

 

         (b)  The board shall credit the licensee with one contact hour per one week of supervision per student supervised, to a max of 14 contact hours.

 

         (c)  Documentation of direct supervision of field work shall be a memo signed by the supervisor of the facility where the fieldwork was supervised, specifying:

 

(1)  The name of the licensee;

 

(2)  The fieldwork student's school; and

 

(3)  The beginning and ending dates of the licensee's supervision of the student's fieldwork.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.09  Employer-Required Peer Review Activities.

 

         (a)  The board shall recognize as maintenance of continuing competence employer-required peer review activities, including such activities by the licensee as peer ratings, chart audits and direct observation of the work of the licensee's peers.

 

         (b)  The board shall credit the licensee with one contact hour for each peer review activity, to a maximum of 4 contact hours.

 

         (c)  Documentation of employer-required peer review activities shall be a memo signed by the facility supervisor specifying:

 

(1)  The name of the licensee;

 

(2)  The peer review activity or activities of the licensee; and

 

(3)  The dates of the activity or activities.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.10  Publication of Writing Related to Occupational Therapy.

 

         (a)  The board shall recognize publication of writing related to occupational therapy, including books, peer-reviewed and non-peer-reviewed chapters of books and peer-reviewed and non-peer-reviewed articles, as maintenance of continuing competence.

 

         (b)  The board shall credit the licensee as follows for no more than 2 published writings:

 

(1)  For a book, 12 contact hours;

 

(2)  For a peer-reviewed chapter of a book or a peer-reviewed article, 6 contact hours; and

 

(3)  For a non-peer reviewed chapter or article, 4 contact hours.

 

         (c)  Documentation of the publication of writing related to occupational therapy shall be any item showing:

 

(1)  The title of the writing;

 

(2)  The date of publication; and

 

(3)  The licensee's part or full authorship of the published writing.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.11  Public Professional Presentations Relating to Occupational Therapy.

 

         (a)  The board shall recognize public professional presentations relating to occupational therapy, including workshops, lectures, poster presentations, and in-service trainings, as maintenance of continuing competence.

 

         (b)  The board shall credit the licensee with 2 contact hours for each clock hour of a public presentation and 2 contact hours per poster presentation, to a maximum of 12 contact hours, provided that, if the licensee gives substantially the same public presentation more than once, the board shall credit the licensee for only a single presentation.

 

         (c)  Documentation of public professional presentations relating to occupational therapy shall be:

 

(1)  A copy of the official program of the presentation; or

 

(2)  Written verification signed by a representative of the program's sponsor showing:

 

a.  The title of the presentation;

 

b.  The name of the licensee as presenter;

 

c.  The date of the presentation;

 

d.  The hours during which the presentation took place; and

 

e.  The type of audience attending the presentation.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.12  Participation in an Occupational Therapy Research Project.

 

         (a)  The board shall recognize participation in an occupational therapy research project as maintenance of continuing competence.

 

         (b)  The board shall credit the licensee with one contact hour for every 4 clock hours spent on a research project, to a maximum of 8 contact hours.

 

         (c)  Documentation of participation in an occupational therapy research project shall be a statement signed by either the principal investigator or a representative of the grant sponsor showing:

 

(1)  The name of the research project;

 

(2)  The beginning and ending dates of the licensee's participation; and

 

(3)  The licensee's role in the research project.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.13  Specialty Certifications.

 

         (a)  The board shall recognize as maintenance of continuing competence the receipt during the biennium by a licensee of:

 

(1)  An initial AOTA board certification in:

 

a.  Geriatrics;

 

b.  Mental health;

 

c.  Pediatrics; or

 

d.  Physical disabilities;

 

(2)  An initial AOTA specialty certification;

 

(3)  An initial certification in neurodevelopmental therapy; or

 

(4)  A certification in hand therapy.

 

         (b)  The board shall credit the licensee with 12 contact hours for a board certification named in (a)(1) above, to a maximum of 12 contact hours.

 

         (c)  The board shall credit the licensee with one contact hour for each 4 clock hours the licensee spent in preparation for a specialty certification named in (a)(2) above, to a maximum of 12 contact hours.

 

         (d)  Receipt of initial certification in neurodevelopmental therapy shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the biennium.

 

         (e)  Receipt of certification in hand therapy shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the current biennium and the following biennium.

 

         (f)  Documentation of receipt of a certification shall be a photocopy of the front and back of the certificate.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.14  Product Development.

 

         (a)  The board shall recognize as maintenance of continuing competence the development of a product related to occupational therapy and disseminated by a manufacturer, distributor, publisher or government agency.

 

         (b)  The board shall credit the licensee with 4 contact hours for the development of a product described in (a) above, to a maximum of 4 contact hours.

 

         (c)  Documentation of product development shall be a letter or other written statement from the disseminating entity acknowledging the licensee as the developer.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.15  Participation in the Work of Professional Boards, Committees and Agencies.

 

         (a)  The board shall recognize as maintenance of continuing competence the participation by a licensee in the work of a board or committee of a professional occupational therapy organization or government agency.

 

         (b)  The board shall credit the licensee with 2 contact hours for each board, committee or agency served, to a maximum of 4 contact hours.

 

         (c)  Documentation of participation in the work of a professional board, committee or agency shall be a letter:

 

(1)  Issued by:

 

a.  The authority appointing the licensee to the board, committee or agency; or

 

b.  The board, committee or agency served by the licensee.

 

(2)  That states:

 

a.  The appointment of the licensee to the board, committee or agency; or

 

b.  The fact of the licensee's participation and the beginning and ending dates of the licensee's service.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.16  Cardiopulmonary Certification or Re-certification.

 

         (a)  The board shall recognize as maintenance of continuing competence a licensee's certification or re-certification in cardiopulmonary resuscitation.

 

         (b)  The board shall credit the licensee with one contact hour for each clock hour spent in preparation for certification or re-certification in cardiopulmonary resuscitation, to a maximum of 4 contact hours.

 

         (c)  Documentation of cardiopulmonary certification or recertification shall be a photocopy of the front and back of the certificate showing date of issuance.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 406.18) (see Revision Note at chapter heading for Occ 400)

 

         Occ 406.17  Receipt of Universal Precaution Education.

 

         (a)  The board shall recognize as maintenance of continuing competence a licensee's receipt of infection control education.

 

         (b)  The board shall credit the licensee with one contact hour for each clock hour spent in receipt of infection control education, to a maximum of 2 contact hours.

 

         (c)  Documentation of universal precaution education shall be a photocopy of a certificate of attendance, or a statement signed by the supervisor of the facility where the education took place.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 406.19) (see Revision Note at chapter heading for Occ 400)

 

PART Occ 407  ONGOING REQUIREMENTS

 

Occ 407.01  Definitions.

 

(a)  "Current best evidence" means methods of intervention determined by the profession of occupational therapy, based on research or professional peer review, to be the accepted and optimal ones.

 

(b)  "Standardized assessment" means a test using standard procedures, requiring individuals taking it to respond to identical questions under the same conditions and directions, and administered and scored in a consistent manner.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.01) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.02  Referral Not Required.  A referral shall not be required for a licensed occupational therapist to provide:

 

(a)  Consultation;

 

(b)  Screening, evaluation and re-evaluation of clients;

 

(c)  Wellness services;

 

(d)  Prevention services; and

 

(e)  Special education services to students with non-medically related conditions.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.02) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.03  Screening, Evaluation and Re-Evaluation of Clients.

 

(a)  An occupational therapist shall:

 

(1)  Initiate and direct the screening, evaluation and re-evaluation processes;

 

(2)  Analyze and interpret the resulting data; and

 

(3)  Document the results of the screening, evaluation or re-evaluation.

 

(b)  The occupational therapist shall evaluate the client’s ability to participate in daily life activities by considering the client’s capacities and activities, and the environments in which the activities occur.

 

(c)  An occupational therapy assistant shall contribute to the screening, evaluation, and re-evaluation processes by:

 

(1)  Administering standardized assessments and other delegated screenings; and

 

(2)  Providing verbal and written reports to the occupational therapist about the assistant's observations and the client's capacities; and

 

(3)  Contributing to the documentation of the results.

 

(d) An occupational therapist and an occupational therapy assistant shall follow the instructions specifically designed for performing a standardized assessment when administering such an assessment.

 

(e) An occupational therapist and an occupational therapy assistant shall communicate screening, evaluation and re-evaluation results within the boundaries of client confidentiality.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.03) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.04  Treatment Plan and Treatment.

 

(a)  Treatment of individuals with medically related conditions shall be initiated only after:

 

(1)  A referral from a licensed physician, a licensed physician assistant, a licensed advanced registered nurse practitioner, a licensed chiropractor, a licensed optometrist or any other licensed health care professional who has authority to refer for healthcare services; and

 

(2)  An evaluation by an occupational therapist.

 

(b)  For any client, the occupational therapist shall:

 

(1)  Develop the client's initial plan for treatment, including identified treatment goals;

 

(2)  Ensure that the initial treatment plan and any revision in the treatment plan are documented;

 

(3)  Revise the treatment plan throughout the treatment process;

 

(4)  Document changes in the client’s needs, goals, and performance; and

 

(5)  Maintain overall responsibility for the following aspects of the treatment plan;

 

a.  Its development;

 

b.  Any revision;

 

c.  Its documentation; and

 

d.  Its implementation.

 

(c)  An initial treatment plan shall be based on the evaluation, client goals, current best evidence and clinical reasoning.

 

(d)  An occupational therapist or an occupational therapy assistant shall review the treatment plan with the client, and others authorized by the client, regarding the plan’s:

 

(1)  Rationale;

 

(2)  Safety issues; and

 

(3)  Relative benefits and risks.

 

(e)  Either an occupational therapist or an occupational therapy assistant shall implement the client’s treatment plan.

 

(f)  An occupational therapy assistant shall select, implement and modify therapeutic activities and interventions only if doing so is consistent with:

 

(1)  The occupational therapy assistant’s demonstrated competency;

 

(2)  The occupational therapy assistant's delegated responsibilities; and

 

(3)  The client's treatment plan.

 

(g) An occupational therapy assistant shall contribute to the modification of the treatment plan by:

 

(1)  Exchanging information with the occupational therapist as part of direct on-site supervision by the occupational therapist; and

 

(2)  Providing documentation to the occupational therapist about the client’s responses to and communications throughout the intervention.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.04 (see Revision Note at chapter heading for Occ 400)

 

Occ 407.05  Discontinuation of Services.

 

(a)  An occupational therapist shall make the decision about discontinuing services.

 

(b)  Services shall be discontinued when:

 

(1)  The client has achieved identified treatment goals;

 

(2)  The client has reached maximum benefit from treatment; or

 

(3)  The client does not desire to continue services.

 

(c)  An occupational therapy assistant shall contribute to the decision about discontinuing services by providing information and documentation to the occupational therapist related to the client’s needs, goals, performance, and follow-up resources.

 

(d)  Occupational therapists and occupational therapy assistants shall bill only for occupational therapy services that:

 

(1)  Were actually provided;

 

(2)  Were provided by licensed occupational therapists or occupational therapy assistants; and

 

(3)  Have supporting documentation.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.05) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.06  Supervision of Occupational Therapy Assistants.

 

(a)  Occupational therapy assistants shall be supervised in their work in occupational therapy by occupational therapists:

 

(1)  Who meet the description in Occ 408.07;

 

(2)  In accordance with the requirements of (b), (c) and (d) below; and

 

(3)  For periods longer than those set forth in (b), (c) and (d) below whenever such longer periods are required for accurate implementation of treatment plans.

 

(b)  Occupational therapy assistants with less than one year of paid experience in occupational therapy shall be directly supervised at least 5% of their work time and indirectly supervised an additional 10% of their work time.

 

(c)  Occupational therapy assistants with one to 5 years of paid experience in occupational therapy shall be directly supervised during at least 5% of their work time and indirectly supervised an additional 5% of their work time.

 

(d)  Occupational therapy assistants with greater than 5 years of paid experience in occupational therapy shall receive both direct and indirect supervision during 5% of their work time.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.06) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.07  Qualifications to be a Supervisor.  To qualify to supervise occupational therapy assistants individuals shall be:

 

(a)  Currently licensed in New Hampshire as occupational therapists;

 

(b)  Not under disciplinary investigation by the board or under pending disciplinary charges in the facilities where supervision is to take place; and

 

(c)  Not related in any of the following ways to the occupational therapy assistants being supervised:

 

(1)  Spouse;

 

(2)  Parent, step-parent, parent-in-law or step-parent in-law;

 

(3)  Natural, foster or adopted child or stepchild;

 

(4)  Sibling, brother-in-law or sister-in-law;

 

(5)  First or second cousin;

 

(6)  Grandparent; or

 

(7)  Aunt or uncle.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.07) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.08  Limitation on Number of Occupational Therapy Assistants Under Supervision.  An occupational therapist shall not supervise at any one time more occupational therapy assistants than those whose combined work hours total the work hours of 2 full-time occupational therapy assistants.

 

Source.  #8896, eff 6-7-07; ss by #9308, eff 10-29-08; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.08) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.09  Occupational Therapy Assistants' Obligation to Present Supervision Rules to Supervisors and to Report Supervision to the Board.

 

(a)  Before beginning work in occupational therapy, an occupational therapy assistant shall:

 

(1)  Give to the person intending to provide supervision to the assistant a copy of Occ 408.06-Occ 408.10 and the supervision form;

 

(2)  Discuss the supervision requirements with the person intending to provide supervision; and

 

(3)  Submit to the board the completed supervision form.

 

(b)  An occupational therapy assistant shall submit a revised or additional supervision form to the board:

 

(1)  Within 30 days of the date of change each time there is a change in the person providing supervision to the assistant; and

 

(2)  Whenever the occupational therapy assistant takes on a second employer.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.09) (see Revision Note at chapter heading for Occ 400)

 

         Occ 407.10  Supervision Form.  The supervision form shall be the form as specified in Ahp 601.06:

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 408.10) (see Revision Note at chapter heading for Occ 400)

 

Occ 407.11  Licensees' Delegation of Supportive Tasks to Individuals Not Licensed by the Board.

 

(a)  A licensee shall delegate supportive tasks to an individual not licensed by the board only when:

 

(1)  The anticipated outcome of such tasks is predictable;

 

(2)  The client and the client's environment are sufficiently stable that judgment, interpretations and adaptations by the unlicensed individual will not be required;

 

(3)  The client has previously demonstrated some ability to perform the client's part of the tasks; and

 

(4)  The licensee has taught the unlicensed individual the delegated tasks or is satisfied on the basis of a demonstration that the unlicensed individual is competent to perform the tasks.

 

(b)  When delegating supportive tasks to an individual not licensed by the board the licensee shall ensure that the unlicensed individual:

 

(1)  Is trained and able to demonstrate competence in carrying out the supportive tasks and in using any equipment which may be required;

 

(2)  Has been instructed in how to carry out the supportive tasks with the particular client involved; and

 

(3)  Knows the precautions, signs and symptoms for that particular client which would indicate the need to seek assistance from the licensee.

 

(c)  A licensee delegating supportive tasks to an individual not licensed by the board shall:

 

(1)  Directly supervise the unlicensed individual when that individual performs tasks of client care during the treatment of an occupational therapy client; and

 

(2)  Indirectly supervise the unlicensed individual at all other times.

 

Source.  #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.11) (see Revision Note at chapter heading for Occ 400)

 

         Occ 407.12  Administrative Obligations of Licensees.  Licensees shall:

 

         (a)  Maintain their current business address, home addresses, and e-mail address with the board's office;

 

         (b)  Notify the board's office of any change in addresses listed in (a) above no later than 30 days from the date of the change; and

 

         (c)  Retain documentation of their continuing professional education and professional activities for at least 3 years.

 

Source.  #8896, eff 6-7-07; ss by #9951-A, eff 6-29-11; ss by #10283, eff 2-28-13; renumbered by #13417 (formerly Occ 408.13) (see Revision Note at chapter heading for Occ 400); ss by #13678, eff 8-25-23


CHAPTER Occ 500  ETHICAL STANDARDS

 

PART Occ 501  DEFINITIONS

 

         Occ 501.01  "American Occupational Therapy Association, Inc. (AOTA)" means the entity recognized as the national professional organization of occupational therapists and occupational therapy assistants.

 

Source.  #8275, eff 1-26-05; ss by #10282, eff 2-28-13; ss by #13678, eff 8-25-23

 

PART Occ 502  BINDING ETHICAL STANDARDS

 

          Occ 502.01  AOTA Code of Ethics as Binding Ethical Standards.

 

          (a)  The ethical standards binding licensed occupational therapists and occupational therapy assistants shall be the Occupational Therapy Code of Ethics adopted and copyrighted in 2015 and revised 2020 by The American Occupational Therapy Association, Inc. as modified in (b) below, and available as noted in Appendix II.

 

          (b)  The preamble of the Occupational Therapy Code of Ethics adopted and copyrighted in 2020 by The American Occupational Therapy Association shall not be part of the ethical standards binding licensees.

 

Source.  #8275, eff 1-26-05; ss by #9881, eff 3-2-11; ss by #12003, eff 10-14-16; ss by #13295, eff 11-30-21

 

         Occ 502.02  Violation of Ethical Standards as Misconduct.  Pursuant to RSA 328-F:23, II (c), a violation of the ethical standards shall constitute misconduct.

 

Source.  #8275, eff 1-26-05; ss by #10282, eff 2-28-13; ss by #13678, eff 8-25-23


Appendix I

 

Rule

Specific State Statute the Rule Implements

 

 

Occ 101 - 102

RSA 541-A:7

Occ 103.01

RSA 328-F:4

Occ 103.02

RSA 328-F:3, II

Occ 103.03(a)

RSA 328-F:5, I

Occ 103.03(b)

RSA 326-F:4, I

Occ 103.03(c)

RSA 328-F:5, I

Occ 103.03(d)

RSA 328-F:5

Occ 103.03(e)

RSA 328-F:5, II

Occ 103.04

RSA 328-F:8; RSA 541-A:16, I(b)

Occ 103.05

RSA 91-A:2, II; RSA 541-A:16, I(b); RSA 328-F:13

 

 

Occ 201.01

RSA 328-F:13

 

 

Occ 301.02

RSA 541-A:7; RSA 328-F:11, I(f) and (g)

Occ 302.01

RSA 328-F:5, I; RSA 328-F:11, I(f) & (g)

Occ 302.02

RSA 328-F:11, I(f) and (g)

Occ 302.03

RSA 328-F:11, I(f) and (g)

Occ 303.01

RSA 326-C:5, I; RSA 328-F:11, I (a)

Occ 304.01

RSA 326-C:5, III; RSA 328-F:11(c)

Occ 304.04

RSA 326-C:5, III; RSA 328-F:11(c)

Occ 304.06

RSA 326-C:5, III; RSA 328-F:11(c)

Occ 304.08

RSA 326-C:5, III; RSA 328-F:11(c)

 

 

Occ 305.01

RSA 541-A:7

Occ 305.02 – Occ 305.04

RSA 326-C:7 and RSA 326-C:8, pursuant to 2021, 41 (HB 369-FN), eff. 7-16-21

 

 

Occ 401.01

RSA 541-A:7

Occ 402.01 and Occ 402.03

RSA 328-F:11, I(g)

Occ 402.03

RSA 328-F:11, I(g)

Occ 402.04

RSA 541-A:16, I(b)

Occ 402.07

RSA 328-F:11, I(e); RSA 328-F:20

Occ 402.06

RSA 328-F:11, I(g)

Occ 402.07

RSA 541-A:16, I(b)

Occ 402.08

RSA 328-F:11, I(b)

Occ 402.09

RSA 541-A:16, I(b)

Occ 402.10

RSA 328-F:11, I(e); RSA 328-F:20

Occ 403.01

RSA 541-A:16, I(b)

Occ 403.02

RSA 541-A:16, I(b)

Occ 403.03 – 403.07

RSA 328-F:11, I(e); RSA 328-F:20

Occ 403.08

RSA 328-F:20

Occ 403.09

RSA 328-F:11, I(d)

Occ 403.10

RSA 328-F:11, I(d)

Occ 404

RSA 328-F:11, I(c); RSA 328-F:18, III

Occ 404.03

RSA 328-F:11, I(c); RSA 328-F:18, III

Occ 404.04

RSA 541-A:16, I(b)

Occ 404.05

RSA 328-F:11, I(c); RSA 328-F:18, III

Occ 404.06

RSA 328-F:11, I(c); RSA 328-F:18, III

Occ 404.07

RSA 328-F:11, I(c); RSA 328-F:18, III

Occ 404.08

RSA 328-F:11, I(c); RSA 328-F:18, III

Occ 405

RSA 541-A:7

 

 

Occ 405.02

RSA 328-F:23, II

Occ 405.03(a) and (b)

RSA 328-F:23, IV

Occ 405.03(c)

RSA 328-F:23, V

Occ 405.04 through Occ 405.06

RSA 541-A:16, I(b)

Occ 405.07

RSA 328-F:27, II and IV

Occ 406

RSA 328-F:11, I(b); RSA 326-C:6, I(b)

Occ 407

RSA 541-A:16, I(b)

Occ 407.10

RSA 326-C:7, IV; RSA 541-A:16, I(b)

Occ 407.12

RSA 328-F:21  - Please check to make sure this RSA is correct for Occ 407.12

Occ 501

RSA 541-A:7

Occ 501.01

RSA 328-F:11, II (b)

Occ 502.01

RSA 328-F:11, II(b)

Occ 502.02

RSA 328-F:23, II(c)

 

 


Appendix II

 

Incorporation by Reference Information

 

 

Rule

Title

Obtain at:

Occ 502.01(a)

 

 

American Occupational Therapy Association, Inc.

AOTA 2020 Occupational Therapy Code of Ethics

 

(Copyrighted in 2015 and revised 2020)

 

The American Occupational Therapy Association, Inc.

 

Online https://ajot.aota.org/article.aspx?articleid=2767077

 

Cost:  None

 

Any questions or information requests can be directed to the Office of Licensed Allied Health Professionals by calling 603-271-2152