CHAPTER
Occ 100 ORGANIZATIONAL RULES
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effective 7-31-20, readopted, readopted with amendments, or repealed all of the rules in Chapter Occ 100.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were repealed.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)
(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
(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:
#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)
(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
(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
(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
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 |