CHAPTER Phy 300  REQUIREMENTS FOR INITIAL LICENSURE

 

REVISION NOTE:

 

          Document #12864, effective 9-10-19, adopted readopted, repealed, or readopted with most of the rules in Chapter Phy 300.  Document #12864 repealed the following rules, which required extensive renumbering of other existing rules within Parts Phy 303, Phy 304, and Phy 307.  The source notes for the rules in those Parts identify the former rule number, if applicable:

 

Phy 303.03  Effect of Signature

Phy 303.04  The Board’s Processing of Applications to take the National Physical Therapy Examination

Phy 303.06  The Board’s Processing of Requests to Re-Take the National Physical Therapy Examination for the Fourth Time

 

Phy 304.02  Multipart License Application Form

Phy 304.03  Effect of Notarized Signature

 

Phy 307.02  Issuance of Full Licenses to Conditional Licensees

Phy 307.05  Supervision Form

 

          Only existing Part Phy 308 titled “Physical Therapy Compact” was not included in Document #12864 but remained effective.  The former Phy 304.05 titled “Letters of Reference” had been adopted by Document #9233, effective 8-22-08, and had already been repealed by Document #10401, effective 8-23-13, and so was not included in Document #12864.  Document #12864 adopted Phy 307.11 titled “Issuance of Full Licenses to Conditional Licensees” and a new Part Phy 309 titled “Temporary Licenses”.

 

          Document #12864 therefore replaced all prior filings affecting rules in the former Part Phy 301 through Part Phy 307.  The prior filings affecting the repealed rules in Parts Phy 303, Phy 304, and Phy 307 included the following documents:

 

Phy 303.03, Phy 303.04, Phy 304.03, Phy 307.02, and Phy 307.05

#9233, effective 8-22-08

#10933, effective 9-18-15

 

Phy 303.06

#9430, effective 3-19-09

#9653, effective 2-5-10

#12087, effective 1-20-17

 

Phy 304.02

#9233, effective 8-22-08

#10060, effective 12-23-11

#10041, effective 8-23-13

#10933, effective 9-18-15

 

PART Phy 301  SCOPE

 

          Phy 301.01  Scope.

 

          (a)  This chapter shall apply to individuals intending to practice as physical therapists except those made exempt from licensure by RSA 328-A:8, II.

          (b)  This chapter shall apply to individuals intending to practice as physical therapist assistants except those made exempt from licensure by RSA 328-A:8, III.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

PART Phy 302  DEFINITIONS

 

          Phy 302.01  Active in the profession” means having engaged in physical therapy under licensure in another state:

 

          (a)  As:

 

(1)  A clinician in the practice of physical therapy, as defined in RSA 328-A:2, XI;

 

(2)  A physical therapy educator;

 

(3)  A physical therapy administrator;

 

(4)  A physical therapy consultant;

 

(5)  A student enrolled full time in an advanced physical therapy degree program; or

 

(6)  A physical therapy researcher; and

 

          (b)  At the rate of 200 hours for the 24 months immediately preceding the completed application.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 302.02  American Physical Therapy Association (APTA)” means a national professional organization with the goal to foster advancements in physical therapy practice, research, and education.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.03  Commission on Accreditation in Physical Therapy Education (CAPTE)” means the component of the American Physical Therapy Association that establishes the core requirements for physical therapy education and accredits programs of physical therapy education.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.04  Direct personal supervision” means, pursuant to RSA 328-A:2, III, that the physical therapist or the physical therapist assistant is physically present and immediately available to direct and supervise tasks that are related to patient/client management.  The direction and supervision is continuous throughout the time these tasks are performed.  Telecommunications does not meet the requirement of direct personal supervision.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.05  Direct supervision” means “direct supervision” as defined in RSA 328-A:2, IV, namely “the physical therapist is physically present and immediately available for direction and supervision.  The physical therapist will have direct contact with the patient/client during each visit that is defined as all encounters with a patient/client in a 24 hour-period.  Telecommunications does not meet the requirement of direct supervision.”

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.06  Federation of State Boards of Physical Therapy (FSBPT)” means the entity that develops the national examination for physical therapists and physical therapist assistants.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.07  Foreign Credentialing Commission on Physical Therapy (FCCPT)” means a non-profit organization created to assist federal immigration authorities and physical therapy licensing bodies by evaluating the credentials of foreign educated physical therapists to determine whether they have acquired educational credentials equivalent to those required of physical therapists educated in the United States.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.08  General supervision” means “general supervision” as defined in RSA 328-A:2, V, namely, “that the physical therapist is not required to be on-site for direction and supervision, but must be available at least by telecommunications.”

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.09  Internet-based Test of English as a Foreign Language (TOEFL-IBT)” means a version of TOEFL which is taken on-line at designated test centers.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.10  National Physical Therapy Examination for Physical Therapist Assistants” means the examination developed by the Federation of State Boards of Physical Therapy to test entry-level competence for physical therapist assistants.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.11  National Physical Therapy Examination for Physical Therapists” means the examination developed by the Federation of State Boards of Physical Therapy to test entry- level competence for physical therapists.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.12  Practice of physical therapy” means “practice of physical therapy” as defined in RSA 328-A:2, XI, namely,

 

          “(a)  Testing, examining and evaluating impairments, movement dysfunctions, and disabilities or other health and movement-related conditions in order to determine a diagnosis, prognosis, and plan of intervention, and to assess the outcomes of intervention.

 

          (b)  Alleviating impairments, movement dysfunctions, and disabilities by designing and implementing, and modifying interventions that include, but are not limited to therapeutic exercise; training related to movement dysfunctions in self-care and in home, community or work integration or reintegration; manual therapy including soft tissue and joint mobilization; therapeutic massage; assistive and adaptive orthotic, prosthetic, protective and supportive devices and equipment related to movement dysfunctions; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction.

 

          (c)  Reducing the risk of injury, impairment, movement dysfunctions and disability, including the promotion and maintenance of health, wellness, and fitness in populations of all ages.

 

          (d)  Engaging in administration, consultation, education and research.”

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

          Phy 302.13  Test of English as a Foreign Language (TOEFL)” means a test developed by the Educational Testing Service to measure the ability of non-native speakers of English to use and understand English as it is spoken, written, and heard in college and university settings.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19

 

PART Phy 303  EXAMINATION, APPLICATION PROCEDURES AND THE BOARD'S PROCESSING OF APPLICATIONS

 

          Phy 303.01  Method of Applying for the National Physical Therapy Examination.

 

          (a)  Those seeking to apply for initial licensure as a physical therapist or physical therapist assistant in New Hampshire shall apply to take the national physical therapy examination for physical therapists or the national physical therapy examination for physical therapist assistants, as applicable.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 303.02  Request for the Board's Approval for Reasonable Accommodation for Disability in the Administration of the National Physical Therapy Examination.

 

          (a)  Applicant’s seeking reasonable accommodations for disabilities in the administration of the national physical therapy examination shall do so through the FSBPT.

 

Source.  #9369, eff 1-24-09; ss by #9545, eff 9-19-09; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-1919 (See Revision Note at chapter heading for Phy 300)

 

          Phy 303.03  Re-Taking the National Physical Therapy Examination.

 

(a)  Individuals seeking to retake the national physical therapy or physical therapy assistant examination shall apply to retake the examination through the FSBPT.

 

Source.  #9430, eff 3-19-09; ss by #9653, eff 2-5-10; ss by #12087, eff 1-20-17 (formerly Phy 303.05) (See Revision Note at chapter heading for Phy 300)

 

          Phy 303.04  Jurisprudence Assessment Module.

 

          (a)  Each applicant for initial licensure or reinstatement of licensure to practice as a physical therapist shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through Phy 500, and the APTA Code of Ethics for the Physical Therapist.

 

          (b)  Each applicant for initial licensure or reinstatement of licensure to practice as a physical therapist assistant shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through Phy 500, and the APTA Standards of Ethical Conduct for the Physical Therapist Assistant.

 

          (c)  The jurisprudence assessment module shall be:

 

(1) Developed and administered by the FSBPT and available at https://www.fsbpt.org/OurServices/JurisprudenceAssessmentModule(JAM)Services/NewHampshire.aspx;

 

(2)  Open book;

 

(3)  Available on a secure web site; and

 

(4)  Taken individually without consulting others.

 

          (d)  An individual shall achieve a passing score of at least 80 percent.

 

          (e)  An individual who fails the jurisprudence assessment module may re-take the module as many times as it takes the individual to pass the module.

 

Source.  #9869, eff 2-18-11; ss by #10724, eff 11-22-14; ss by #12864, eff 9-10-19 (formerly Phy 303.07) See Revision Note at chapter heading for Phy 300)

 

PART Phy 304  INITIAL LICENSURE APPLICATION PROCEDURES AND THE BOARD'S PROCESSING OF APPLICATIONS

 

          Phy 304.01 Method of Applying for Initial Licensure and the Board’s Processing of License Applications.

 

          (a)  Applicants who wish, after passing the applicable national physical therapy examination, to apply for initial licensure as a physical therapist or a physical therapist assistant shall do so by submitting each of the following components of the application:

 

(1)  A license application form provided by the board that contains the information specified by Ahp 601.01;

 

(2)  The materials specified by Phy 304.02;

 

(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 form and the materials submitted with it, requires further information or documents to determine the applicant’s eligibility for initial licensure, the board shall:

 

(1)  So notify the applicant in writing within 60 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 described in (a) above; and

 

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

 

          (d)  The application for initial licensure shall be denied if the application as described in (a)(1)-(4) above is not complete within 54 weeks of the receipt by the board of the completed application-form.

 

          (e)  The board shall issue written approval or denial of an application for initial licensure within 120 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 as described in (a)(1)-(4) above is not completed within 54 weeks of receipt by the board of the completed application-form; or

 

(3)  The board denies the application pursuant to this chapter.

 

          (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.  #9233, eff 8-22-08 ss by #10724, eff 11-22-14; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 304.02  Materials Required to Accompany the License Application Form.  At the time that applicants for initial licensure submit their completed license application form, they shall submit, or arrange for the board to receive, the following materials:

 

          (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)  An official transcript showing the relevant degree awarded and the date the degree was awarded;

 

          (d)  If the applicant is required by Phy 306.04 to take and pass a test of English language proficiency, the applicant’s examination scores sent directly to the board by the Educational Testing Service;

 

          (e)  The applicant’s examination scores sent directly to the board by FSBPT;

 

          (f)  The passing scores on the jurisprudence assessment module sent directly to the board by the Federation of State Boards of Physical Therapy; and

 

          (g)  If the applicant is required by Phy 305.04 or Phy 305.05 to complete continuing education, documents as described in Phy 407;

 

          (h)  A resume presenting a chronologically organized account of the applicant’s experience in physical therapy for the past 6 years, including: 

 

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

 

a.  A clinician in the practice of physical therapy, as defined in RSA 328-A:2, XI;

 

b.  A physical therapy educator;

 

c.  A physical therapy administrator;

 

d.  A physical therapy consultant;

 

e.  A student enrolled full time in an advanced physical therapy degree program; or

 

f.  A physical therapy researcher;

 

(2)  The approximate number of hours spent in each separate experience during each 12-month period of the experience;

 

(3)  The name and address of any clinical affiliation, if any, for each experience;

 

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

 

(5)  The physical address of each experience;

 

          (i)  Unless the information sought is available only on a website, an official letter of verification sent directly to the board from every state which has issued the applicant a license or other authorization to practice physical therapy stating:

 

(1)  Whether 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;

 

          (j)  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;

 

          (k)  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; and

 

          (l)  If the conditional licensure described in Phy 307 is applicable to the applicant, the completed supervision form described in Ahp 601.05.

 

Source.  #9233, eff 8-22-08; ss by #9429, eff 3-19-09; ss by #9653, eff 2-5-10; ss by #9869, eff 2-18-11; ss by #10060, eff 12-23-11; ss by #10401, eff 8-23-13; ss by #10724, eff
11-22-14; ss by #12864, eff 9-10-19 (formerly Phy 304.04) (See Revision Note at chapter heading for Phy 300)

 

PART Phy 305  QUALIFICATIONS FOR INITIAL LICENSURE

 

          Phy 305.01  Basic Eligibility Requirements for Full or Conditional Initial Licensure.

 

          (a)  Applicants for initial licensure as physical therapists or physical therapist assistants shall:

 

(1)  Be of good moral character as evidenced by:

 

a.  The answers to the questions on the application form described in Phy 304.01(a)(1);

 

(b)  Any reports submitted pursuant to the requirements of the application form described in Phy 304.01(a)(1);

 

(c)  The resume submitted pursuant to Phy 304.02(h);

 

(d)  Any information about the applicant’s licenses or other authorizations to practice physical therapy obtained pursuant to Phy 304.02(i);

 

(e)  Any criminal offender record reports submitted pursuant to Phy 304.02(j); and

 

(f)  Absence of a report from FSBPT that the applicant has subverted or undermined the integrity of one of the national physical therapy examinations;

 

(2)  If applicable, have met the English language proficiency testing requirement of Phy 306.04;

 

(3)  Have taken and passed the national physical therapy examination for physical therapists or the national physical therapy examination for physical therapist assistants, as applicable; and

 

(4)  Have taken and passed the jurisprudence assessment module as described in Phy 303.04.

 

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

 

Source.  #9233, eff 8-22-08; ss by #9429, eff 3-19-09; ss by #9869, eff 2-18-11; ss by #10401, eff 8-23-13; ss by #10724, eff 11-22-14; amd by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19 (See Note at chapter heading for Phy 300)

 

          Phy 305.02  Issuance of Full Initial Licenses.  The board shall issue full initial licenses to applicants who:

 

          (a)  Meet the basic eligibility requirements of Phy 305.01; and

 

          (b)  Are in one of the following 3 categories of applicants:

 

(1) Those who applied for licensure within 12 months of passing the applicable national examination;

 

(2)  Those who, having applied for licensure between 12 and 36 months of passing the applicable national examination, have demonstrated continuing competence by either method set forth in Phy 305.04; or

 

(3)  Those who, having applied for licensure more than 36 months after passing the applicable national examination, have been active in the profession as defined in Phy 302.01 for the 24 months immediately preceding their applications.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 305.03  Issuance of Conditional Licenses.

 

          (a)  The board shall initially approve a request for a conditional license to applicants who:

 

(1)  Meet the basic eligibility requirements of Phy 305.01 but have not been active in the profession, as defined in Phy 302.01;

 

(2)  Meet the requirements of Phy 305.04 or Phy 305.05, as applicable; and

 

(3)  Obtain a supervisor pursuant to Phy 307.

 

          (b)  After initial approval, the applicant shall submit a completed supervision form pursuant to Ahp 601.05 within 3 months of the board’s initial approval under subparagraph (a).

 

          (c)  The board shall issue a conditional license to individuals who have received initial approval under (a) above and submitted the supervision form as required under (b) above.

 

          (d)  The board shall deny a request for a conditional license to individuals who either have failed to receive initial approval under (a) above or have failed to submit a supervision form under (b) above.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 305.04  Demonstration of Continuing Competence by Those Applying 12 or More Months After Passing the Examination.  Applicants applying for initial licensure between 12 or more months after passing the applicable national examination shall demonstrate continuing competence by:

 

          (a)  Being active in the profession as defined in Phy 302.01; or

 

          (b)  Meeting the requirements of Phy 305.05 if not active in the profession as described in (a) above.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 305.05  Demonstration of Continuing Competence by Those Applying for Initial Licensure 12 or More Months After Passing the Applicable National Examination When Not Active in the Profession.  Applicants applying for initial licensure 12 or more months after passing the applicable national examination when not active in the profession shall demonstrate continuing competence as follows:

 

          (a)  If applying between 12 and 24 months after passing the applicable examination, by:

 

(1)  Completing 12 hours of continuing professional clinical education in physical therapy theory and practice; and

 

(2)  Proving such completion by submitting to the board documentation as described in Phy 407;

 

          (b)  If applying between 25 and 36 months after passing the applicable examination, by:

 

(1)  Completing 24 hours of continuing professional clinical education in physical education theory and practice; and

 

(2)  Proving such completion by submitting to the board documentation as described in Phy 407; or

 

          (c)  If applying more than 36 months after passing the applicable examination, by:

 

(1)  Retaking and passing the applicable national examination; and

 

(2)  After passing the examination, completing the conditional licensure requirements set forth in Phy 307.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-1919 (See Revision Note at chapter heading for Phy 300)

 

PART Phy 306  EDUCATIONAL REQUIREMENTS FOR INITIAL LICENSURE

 

          Phy 306.01  Educational Requirements for Applicants for Initial Licensure.  Applicants for initial licensure as physical therapists and physical therapist assistants shall be graduates of a physical therapy education program:

 

          (a)  Approved by CAPTE;

 

          (b)  Approved by APTA during the period from 1955 through 1977;

 

          (c)  Approved before 1955 by The Council on Medical Education and Hospitals of the American Medical Association; or

 

          (d)  Meeting the standards set forth in Phy 306.02 if the physical therapy education program was outside the United States and does not meet any of the standards in (a) through (c) above.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 306.02  Educational Requirements for Applicants Educated in Physical Therapy Outside of the United States.  Applicants for initial licensure as physical therapists who have been educated outside of the United States in programs not meeting any of the standards in Phy 306.01(a) through (c) shall be graduates of a physical therapy education program:

 

          (a)  Sponsored by an institution recognized by the education ministry of the country in which the institution is located; and

 

          (b)  Determined by one of the following credentials evaluators to be substantially equivalent to a physical therapy education program approved by CAPTE:

 

(1)  The FCCPT; or

 

(2)  A private or governmental entity evaluating credentials, provided that:

 

a.  The entity uses as its evaluation tool the current version of the FSBPT course work evaluation tool for persons who received their physical therapy education outside the United States;

 

b.  The credentials evaluator for the entity is trained to use such tool; and

 

c.  The entity maintains a quality assurance program.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 306.03  Educational Requirements for Applicants Educated as Physical Therapist Assistants Outside of the United States.  Applicants for initial licensure as physical therapists assistants who have been educated outside of the United States in programs not meeting any of the standards in Phy 306.01(a) through (c) shall be graduates of a physical therapy education program:

 

          (a)  Sponsored by an institution recognized by the government of the country in which the institution is located; and

 

          (b)  Determined by one of the following credentials evaluators to be substantially equivalent to a physical therapist assistant education program approved by CAPTE:

 

(1)  The FCCPT; or

 

(2)  A private or governmental entity evaluating credentials, provided that:

 

a.  The entity uses as its evaluation tool the current version of the FSBPT course work evaluation tool for persons who received their physical therapy assistant education outside the United States;

 

b.  The credentials evaluator for the entity is trained to use such tool; and

 

c.  The entity maintains a quality assurance program.

 

Source.  #10060, eff 12-23-11; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 306.04  English Language Proficiency Testing Requirement.

 

          (a)  Applicants for initial licensure as physical therapists and physical therapist assistants whose native language is not English and have been educated outside the United States in programs not approved by CAPTE shall have taken and passed one of the tests of English language proficiency described in (b) and (c) below.

 

          (b)  Applicants having taken a test of English language proficiency before December 31, 2005 shall have passed the following subtests of TOEFL with the following scores:

 

(1)  The test of English as a foreign language with a score of 560;

 

(2)  The test of written English with a score of 4.5; and

 

(3)  The test of spoken English with a score of 50.

 

          (c)  Applicants who have taken a test of English language proficiency after January 1, 2006 shall pass or have passed TOEFL-IBT:

 

(1)  With an overall score of 89; and

 

(2)  With the following subtest scores:

 

a.  Writing with a score of 22;

 

b.  Speaking with a score of 24;

 

c.  Reading comprehension with a score of 22; and

 

d.  Listening comprehension with a score of 21.

 

Source.  #9233, eff 8-22-08 (from Phy 306.03); ss by #10202, eff 10-19-12; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

PART Phy 307  CONDITIONAL LICENSES

 

          Phy 307.01  The Nature of Conditional Licenses.  Conditional licenses shall:

 

          (a)  Limit the practice of a physical therapist or physical therapist assistant to the supervised practice described in Phy 307.03; and

 

          (b)  Remain valid for no more than 26 weeks unless their validity is extended pursuant to Phy 307.06 or Phy 307.07.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.02  Requirements for Supervisors.

 

          (a)  A physical therapist shall be supervised by a physical therapist.

 

          (b)  A physical therapist assistant shall be supervised by either a physical therapist or physical therapist assistant.

 

          (c)  The practice of a conditional licensee shall be supervised by one or more individuals who:

 

(1)  Are currently licensed in New Hampshire as a physical therapist or physical therapist assistant and have been practicing clinically for a period of at least one year;

 

(2)  Are non-probationary employees not under disciplinary investigation or pending disciplinary charges in the facility where supervision is to take place;

 

(3)  Have not had any disciplinary action taken against them in the preceding 2 years; and

 

(4)  Are not related in any of the following ways to the conditional licensee to be supervised:

 

a.  Spouse or civil union partner;

 

b.  Parent, step-parent, parent-in-law, or step-parent-in-law;

 

c.  Natural, foster, or adopted child or stepchild; or

 

d.  Sibling, brother-in-law, or sister-in-law.

 

          (d)  If there is more than one individual supervising a conditional licensee at any particular time:

 

(1)  Only one of these individuals shall bear responsibility for compliance with Phy 307, notwithstanding that he or she has delegated supervisory tasks to another; and

 

(2)  That individual shall complete and sign the supervision form described in Ahp 601.05 and submit it to the board by the conditional licensee.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (formerly Phy 307.03) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.03  Supervised Practice.

 

          (a)  Conditional licensees shall practice under supervision as described in (b)-(c) below for a total of 320 hours.

 

          (b)  The first 200 hours of supervision shall be:

 

(1)  Direct personal supervision, as defined in Phy 302.04, for at least 75% of the hours worked each week; and

 

(2)  Direct supervision, as defined in Phy 302.05, for at least 25% of the hours worked each week.

 

          (c)  The 120 hours immediately following the first 200 hours described in (b) above shall be:

 

a.  Direct personal supervision, as defined in Phy 302.04, for at least 30% of the hours worked each week;

 

b.  Direct supervision, as defined in Phy 302.05, for at least 30% of the hours worked each week; and

 

c.  General supervision, as defined in Phy 302.08, for no more than 40% of the hours worked each week.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19; (formerly Phy 307.04) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.04  Administrative and Ethical Obligations of Conditional Licensees.

 

          (a)  The administrative obligations of conditional licensees shall be as follows:

 

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

 

a.  Give to these individuals a copy of Phy 307 and the supervision form described in Ahp 601.05;

 

b.  Discuss the required supervision with them; and

 

c.  Submit the completed supervision form described in Ahp 601.05 to the board; and

 

(2)  When the supervisor is permanently replaced by another supervisor, conditional licensees shall take the actions required by (1) above.

 

          (b)  The ethical standards to be met by conditional licensees shall be those set forth in Phy 500.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (formerly Phy 307.06) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.05  Post-Supervision Attestation Letter.

 

          (a)  For a conditional licensee who is a physical therapist, the letter indicating supervisory approval shall:

 

(1)  Be dated and signed by the individual who is the conditional licensee’s most recent supervisor;

 

(2)  Attest that the supervisor has supervised to the level required by Phy 307.03;

 

(3)  Be based on the determinations by the supervisor required by Phy 307.09;

 

(4)  State the opinion of the supervisor that the conditional licensee is ready to practice under full licensure because the supervisor has determined that the conditional licensee has the following requisite skills detailed in Phy 307.09:

 

a.  Evaluation skills;

 

b.  Treatment skills;

 

c.  Management skills; and

 

d.  Professional interaction skills; and

 

(5)  Submit the letter to the board within 30 days of the date the supervision was completed.

 

          (b)  For a conditional licensee who is a physical therapist assistant, the letter indicating supervisory approval shall:

 

(1)  Be dated and signed by the individual who is the conditional licensee’s most recent supervisor;

 

(2)  Attest that the supervisor has supervised to the level required by Phy 307.03;

 

(3)  Be based on the determinations by the supervisor required by Phy 307.10;

 

(4)  State the opinion of the supervisor that the conditional licensee is ready to practice under full licensure because the supervisor has determined that the conditional licensee has the following requisite skills detailed in Phy 307.10:

 

a.  Treatment skills;

 

b.  Management skills; and

 

c.  Professional interaction skills; and

 

(5)  Submit the letter to the board within 30 days of the date the supervision was completed.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.06  Extension of Conditional License When Supervised Practice is Incomplete or Supervisory Approval Letter is Unavailable.  The board shall extend a conditional license, one time, for an additional period of no more than 26 weeks when:

 

          (a)  The conditional license is still valid;

 

          (b)  The conditional licensee:

 

(1)  Is unable to complete the required supervised practice because of loss of employment for any reason other than being terminated for cause or terminated during probationary employment because of incompetence; or

 

(2)  Is unable to submit the required supervisory approval letter for a reason unrelated to the supervisor’s belief that the licensee is not ready to practice under full licensure; and

 

          (c)  The conditional licensee submits to the board a written request for the extension explaining the details of one of the reasons in (b) above.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; (formerly Phy 307.08) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.07  Extension of Conditional License in Accordance with Supervisor’s Recommendation.  The board shall extend the period of validity of a conditional license for the period of time, not to exceed 6 weeks, specified when the supervisor of the conditional licensee determines the extension is necessary to achieve readiness to practice with full licensure:

 

          (a)  During the period of validity of the original conditional license; and

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; (formerly Phy 307.09) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.08  Expiration, Denial, and Suspension of Conditional Licenses.

 

          (a)  A conditional license shall expire upon the first of the following events:

 

(1)  The date of expiration of the conditional license; or

 

(2)  The board’s approval or denial for full 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 the required supervision;

 

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

 

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

 

          (d)  The board shall suspend a conditional license pursuant to (c) 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.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (formerly Phy 303.10) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.09  Skills To Be Determined for Conditional Licensees Who Are Physical Therapists.  The supervisor of a conditional licensee who is a physical therapist shall, in the course of supervision, determine whether and to what extent the conditional licensee has the following skills:

 

          (a)  Evaluation skills, including:

 

(1)  Screening using procedures to determine the effectiveness of, and need for, physical therapy services, including:

 

a.  Identifying critical signs and symptoms that signal appropriateness for physical therapy examination;

 

b.  Selecting appropriate screening procedures;

 

c.  Conducting physical therapy screening in a technically competent manner;

 

d.  Interpreting screening findings; and

 

e.  Determining the client’s appropriateness for referral to other providers;

 

(2)  Examination skills, including:

 

a.  Selection of reliable and valid physical therapy examination methods relevant to the client’s complaint, the screening results, and the client’s history;

 

b.  Obtaining accurate information by performing the selected examination methods;

 

c.  Performing them while minimizing risk to the patient and to the conditional licensee; and

 

d.  Performing them in a technically competent manner; and

 

(3)  Skills in using the clinical findings to determine physical therapy diagnoses and outcomes of care, including:

 

a.  Synthesizing the examination data to complete the physical therapy evaluation;

 

b.  Interpreting clinical findings to establish a physical therapy diagnosis;

 

c. Explaining to the client the influence of pathological, abnormal physiological and pharmacological processes on the patient’s movement system;

 

d.  Using clinical findings and a medical or a physical therapy diagnosis to establish a physical therapy prognosis;

 

e.  Performing regular re-examinations of the client’s status;

 

f.  Performing regular evaluations of the effectiveness of the client’s treatment; and

 

g.  Evaluating changes in the client’s status;

 

          (b)  Treatment skills, including:

 

(1)  Practicing in a manner that minimizes risk to the patient, to the physical therapist and to others including, but not limited to:

 

a.  Using universal precautions and any health and safety regulations of the worksite;

 

b.  Maintaining a safe working environment;

 

c.  Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;

 

d.  Being aware of contraindications and precautions of treatment;

 

e.  Requesting assistance when necessary; and

 

f.  Using techniques designed for safety in the handling of patients;

 

(2)  Applying the principles of logic and the scientific method to the practice of physical therapy, including:

 

a.  Presenting a cogent rationale for clinical decisions;

 

b.  Making clinical decisions within the context of the ethical practice set forth in Phy 500;

 

c.  Making clinical decisions regarding therapy goals and the plan of care with the patient’s informed consent and in accordance with RSA 328-A:15, III., IV. and V.;

 

d.  Utilizing information from multiple data sources to make clinical decisions;

 

e.  Distinguishing practices based on traditional beliefs from practices that are scientifically based; and

 

f.  Using appropriate outcome measures in the delivery and assessment of ongoing patient care;

 

(3)  Designing a physical therapy plan of care:

 

a.  In collaboration with the patient;

 

b.  Consistent with the patient’s examination and evaluation;

 

c.  Integrating goals, treatment, functional outcomes, and a discharge plan;

 

d.  Specifying the expected time durations for the goals and functional outcomes;

 

e.  Adjusted in response to changes in the patient’s status; and

 

f.  Establishing a plan for timely patient discharge; and

 

(4)  Performing physical therapy interventions in a competent manner, including:

 

a.  Selecting interventions designed to achieve the desired outcomes;

 

b. Performing effective, efficient, and coordinated movements in providing technically competent interventions;

 

c.  Performing interventions consistent with the plan of care;

 

d.  Providing interventions in a manner minimizing risk to the physical therapist and the patient; and

 

e.  Using intervention time efficiently and effectively;

 

          (c)  Management skills, including:

 

(1)  Producing documentation to support the delivery of physical therapy services, including:

 

a.  Selecting relevant information to document the delivery of care;

 

b. Documenting all aspects of physical therapy care, including screenings, examination, evaluation, plan of care, treatments, response to treatment(s), discharge planning, family conferences, and communications with others involved in the delivery of care;

 

c.  Producing documentation that follows the guidelines and format required by the practice setting;

 

d.  Documenting patient care consistent with the board’s rules and the requirements of third party payers; and

 

e.  Producing documentation that is accurate, concise, timely, and legible;

 

(2)  Participating in activities addressing quality of service delivery, including:

 

a.  Seeking information regarding the quality of care he or she renders;

 

b.  Following the protocols established by the prescribing physician, the practice setting, and the employer; and

 

c.  Participating in quality assurance activities, peer reviews, and review of utilization of services;

 

(3)  Addressing any needs of the patient for services other than physical therapy, including:

 

a.  Determining the needs of, and available resources for, the patient;

 

b.  Recommending a referral(s) based on the expertise and effectiveness of the provider(s);

 

c.  Advocating for appropriate patient services and resources; and

 

d.  Assisting patients in accessing resources;

 

(4)  Managing time, space, and equipment to achieve the goals of the practice site or practice setting, including:

 

a.  Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;

 

b.  Using time effectively;

 

c. Adhering to reimbursement guidelines established by payers for physical therapy services; and

 

d.  The scheduling of patients, equipment, and space;

 

(5)  Using the assistance of physical therapist assistants in accordance with the roles of physical therapists and physical therapist assistants set forth in Phy 409.01 through Phy 409.03; and

 

(6)  Using the support of physical therapy aides in accordance with Phy 409.04; and

 

          (d)  Professional interaction skills, including:

 

(1)  Presenting oneself in a professional manner, including:

 

a.  Accepting responsibility for one’s own actions;

 

b.  Being punctual and dependable;

 

c.  Completing scheduled assignments in a timely manner;

 

d.  Wearing attire consistent with the expectations of the practice site or setting;

 

e.  Abiding by policies and procedures of the practice site or setting; and

 

f.  Adapting to changes in schedule, patient population, treatment location, and other changes similarly not within the control of the conditional licensee;

 

(2)  Behaving professionally in interactions with others, including:

 

a.  Maintaining productive working relationships with patients, the families of patients and others;

 

b.  Contributing to a positive work environment by treating others with positive regard, dignity, respect, and compassion;

 

c.  Accepting criticism without defensiveness;

 

d.  Managing conflict in positive ways; and

 

e.  Maintaining patients’ privacy and modesty;

 

(3)  Adhering to ethical practice, including:

 

a.  Complying with Phy 500;

 

b.  Identifying situations in which ethical questions are present; and

 

c.  Reporting to the employer and the board violations of ethical practice;

 

(4)  Adhering to legal practice standards, including:

 

a.  Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and

 

b.  Identifying situations in which legal questions are present;

 

(5)  Communicating in ways that are congruent with situational needs, including:

 

a.  Communicating verbally and nonverbally in a professional and timely manner;

 

b.  Initiating communication in difficult situations;

 

c.  Selecting the most appropriate person(s) with whom to communicate;

 

d.  Listening actively and attentively to understand what is being communicated by others;

 

e.  Using professionally and technically correct language;

 

f.  Communicating using nonverbal methods that are consistent with the intended message;

 

g.  Interpreting and responding to the nonverbal communication of others; and

 

h. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;

 

(6)  Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, religion, color, gender, gender identity, age, national or ethnic origin, sexual orientation, and disability or health status when:

 

a.  Communicating with others;

 

b.  Developing plans of care; and

 

c.  Implementing plans of care; and

 

(7)  Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students, and other health care providers, using relevant and effective teaching methods, including:

 

a.  Identifying and establishing priorities for educational needs;

 

b.  Designing education activities to address identified needs;

 

c.  Conducting educational activities using a variety of instructional strategies; and

 

d. Evaluating one’s own educational activities for effectiveness and modifying them accordingly.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (formerly Phy 303.11) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.10  Skills To Be Determined for Conditional Licensees Who Are Physical Therapist Assistants.  The supervisor of a conditional licensee who is a physical therapist assistant shall, in the course of supervision, determine whether and to what extent the conditional licensee has the following skills:

 

          (a)  Treatment skills, including:

 

(1)  Practicing in a manner that minimizes risk to the patient, to the physical therapist assistant, and to others including, but not limited to:

 

a.  Observing universal precautions and any of the health and safety regulations of the worksite;

 

b.  Maintaining a safe working environment;

 

c. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;

 

d.  Being aware of contraindications and precautions of treatment;

 

e.  Requesting assistance when necessary; and

 

f.  Using techniques designed for safety in the handling of patients;

 

(2)  Applying the principles of logic and the scientific method to the practice of physical therapy, including:

 

a.  Presenting a cogent rationale for clinical decisions;

 

b.  Making clinical decisions within the context of the ethical practice set forth in Phy 500;

 

c.  Making clinical decisions in accordance with RSA 328-A:15, III., IV. and V.;

 

d.  Utilizing information from multiple data sources to make clinical decisions;

 

e.  Distinguishing practices based on traditional beliefs from practices that are scientifically based; and

 

f.  Using appropriate outcome measures in the delivery of ongoing patient care; and

 

(3)  Performing physical therapy interventions in a competent manner, including:

 

a.  Performing effective, efficient, and coordinated movements in providing technically competent interventions;

 

b.  Performing interventions consistent with the plan of care;

 

c.  Providing interventions in a manner minimizing risk to the physical therapist assistant and the patient; and

 

d.  Using intervention time efficiently and effectively;

 

          (b)  Management skills, including:

 

(1)  Producing documentation to support the delivery of physical therapy services, including:

 

a.  Selecting relevant information to document the delivery of care;

 

b.  Documenting all aspects of physical therapy care, including treatment(s), response to treatment(s), discharge planning, family conferences, and communications with others involved in the delivery of care;

 

c.  Producing documentation that follows the guidelines and format required by the practice setting;

 

d.  Documenting patient care consistent with the board’s rules and the requirements of third party payers; and

 

e.  Producing documentation that is accurate, concise, timely, and legible;

 

(2)  Participating in activities addressing quality of service delivery, including:

 

a.  Seeking information regarding the quality of care he or she renders;

 

b.  Following:

 

1.  The plan of care established by the physical therapist; and

 

2.  The protocols established by the prescribing physician, the practice setting, and the employer; and

 

c.  Participating in quality assurance activities, peer reviews, and review of utilization of services;

 

(3)  Addressing any needs of the patient for services other than physical therapy, including:

 

a.  Assisting the physical therapist in determining the needs of, and available resources for, the patient;

 

b.  Assisting the physical therapist in recommending any referral(s) based on the expertise and effectiveness of the provider(s);

 

c.  Advocating for appropriate patient services and resources; and

 

d.  Assisting patients in accessing resources;

 

(4)  Managing time, space, and equipment to achieve the goals of the practice site or practice setting, including:

 

a.  Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;

 

b.  Using time effectively;

 

c.  Adhering to reimbursement guidelines established by payers for physical therapy services; and

 

d.  The scheduling of patients, equipment, and space; and

 

(5)  Using the assistance of physical therapy aides in accordance with Phy 409.04; and

 

          (c)  Professional interaction skills, including:

 

(1)  Presenting oneself in a professional manner, including:

 

a.  Accepting responsibility for one’s own actions;

 

b.  Being punctual and dependable;

 

c.  Completing scheduled assignments in a timely manner;

 

d.  Wearing attire consistent with the expectations of the practice site or setting;

 

e.  Abiding by policies and procedures of the practice site or setting; and

 

f.  Adapting to changes in schedule, patient population, treatment location, and other changes similarly not within the control of the conditional licensee;

 

(2)  Behaving professionally in interactions with others, including:

 

a.  Maintaining productive working relationships with patients, the families of patients, and others;

 

b.  Contributing to a positive work environment by treating others with positive regard, dignity, respect, and compassion;

 

c.  Accepting criticism without defensiveness;

 

d.  Managing conflict in positive ways; and

 

e.  Maintaining patients’ privacy and modesty;

 

(3)  Adhering to ethical practice, including:

 

a.  Complying with Phy 500;

 

b.  Identifying situations in which ethical questions are present; and

 

c.  Reporting to the employer and the board violations of ethical practice;

 

(4)  Adhering to legal practice standards, including:

 

a.  Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and

 

b.  Identifying situations in which legal questions are present;

 

(5)  Communicating in ways that are congruent with situational needs, including:

 

a.  Communicating verbally and nonverbally in a professional and timely manner;

 

b.  Initiating communication in difficult situations;

 

c.  Selecting the most appropriate person(s) with whom to communicate;

 

d.  Listening actively and attentively to understand what is being communicated by others;

 

e.  Using professionally and technically correct language;

 

f.  Communicating using nonverbal methods that are consistent with the intended message;

 

g.  Interpreting and responding to the nonverbal communication of others; and

 

h. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;

 

(6)  Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, religion, color, gender, gender identity, age, national or ethnic origin, sexual orientation, and disability or health status when:

 

a.  Communicating with others; and

 

b.  Implementing plans of care; and

 

(7)  Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students, and other health care providers, using relevant and effective teaching methods, including:

 

a.  Identifying and establishing priorities for educational needs;

 

b.  Designing education activities to address identified needs;

 

c.  Conducting educational activities using a variety of instructional strategies; and

 

d.  Evaluating one’s own educational activities for effectiveness and modifying them accordingly.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19 (formerly Phy 303.12) (See Revision Note at chapter heading for Phy 300)

 

          Phy 307.11  Issuance of Full Licenses to Conditional Licensees.  The board shall issue full licenses to conditional licensees who have:

 

          (a)  Completed the supervised practice set forth in Phy 307.03; and

 

          (b)  Established readiness to practice with full licensure through the submission to the board of the post-supervision attestation letter described in Phy 307.05.

 

Source.  #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

PART Phy 308  PHYSICAL THERAPY COMPACT

 

            Phy 308.01  Physical Therapy Compact.  The board shall comply with all rules of the Physical Therapy Compact Commission, which includes the “Physical Therapy Compact Commission Rules”, effective June 5, 2018 and available as noted in Appendix II.

 

Source.  #12696, eff 12-27-18

 

PART Phy 309  TEMPORARY LICENSES

 

          Phy 309.01  The Nature of Temporary Licenses.

 

          (a)  Temporary licenses shall:

 

(1)  Be available only to individuals currently licensed as a physical therapist or a physical therapist assistant and in good standing in either Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont who has applied for full licensure or certification from the board; and

 

(2)  Remain valid for no more than 120 days.

 

          (b)  An individual holding a temporary license shall not be eligible to join the Physical Therapy Compact until he or she is issued a full unrestricted license.

 

Source.  #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 309.02  Restriction on Temporary Licenses.  If an applicant has previously received a temporary license from the board, the applicant shall be ineligible for a second temporary license.

 

Source.  #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 309.03  Basic Eligibility Requirements for Temporary Licenses.

 

          (a)  Applicants for temporary licensure as physical therapists or physical therapist assistants shall:

 

(1)  Have submitted a completed application form for full licensure, pursuant to Phy 304.01 and paid the application fee pursuant to Ahp 301.02;

 

(2)  Pay a temporary license fee of $100;

 

(3)  Hold an unencumbered license from one or more of the states listed in Phy 309.01(a), as evidenced by a letter of good standing sent by that state;

 

(4)  Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action; and

 

(5)  Complete and submit form “Application for Initial Temporary Licensure and Certification,” as adopted on 1/15/2019, as set forth in Ahp 601.04.

 

          (b)  Applicants shall place their notarized signature, printed full name, and date of signing on an attestation on the form below the following preprinted statement:

 

“By Signing this application before the Notary Public/Justice of the Peace I attest to the following:

 

I acknowledge that knowingly making a false statement on this application form is a misdemeanor under RSA 641:2, I. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief.

 

I also certify that I have read the statute and the rules of the Board and promise that, if I am licensed, I will abide by them.  Based on the statute and rules governing the profession for which I am applying I have not committed any acts that would be grounds for disciplinary action in this or any other State.

 

If I am given a “Temporary License” to practice in the State of New Hampshire I attest to the fact that I am eligible for full licensure meeting all requirements set forth in the Board’s Administrative rules including any active in the profession requirements.”

 

          (c)  The effect of the applicant’s notarized signature on the form shall be:

 

(1)  The applicant’s acknowledgment that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I;

 

(2)  The applicant’s certification that:

 

i.  The information provided on all the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

 

ii.  The applicant has read the statutes and administrative rules of the board; and

 

(3)  The applicant’s promise to abide by the statutes and administrative rules of the board.

 

Source.  #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 

          Phy 309.04  Issuance and Expiration of Temporary Licenses.

 

          (a)  The board shall issue temporary licenses to applicants who meet the basic eligibility requirements of Phy 309.03.

 

          (b)  Temporary licenses shall expire either at the conclusion of 120 days after issuance or after the board takes action on the applicant’s application for full licensure or certification, whichever occurs sooner.

 

Source.  #12864, eff 9-10-19 (See Revision Note at chapter heading for Phy 300)

 


 

APPENDIX I

 

Rule

Statute

 

 

Phy 301

RSA 541-A:7; RSA 328-A:8, II and III

Phy 301.01

RSA 328-A:3, I; RSA 328-A:4, III; RSA 328-A:5, I(d) and (h);

RSA 328-F:11, I(f) and (g)

Phy 302

RSA 541-A:7

Phy 303.01

RSA 328-A:3, I; RSA 328-A:5, I(d), II (h) & IV(d); RSA 328-A:7, I and III; RSA 541-A:16, I(d)

Phy 303.02

RSA 328-A:3, I; RSA 328-A:5, I(d), II(h) and IV(d); RSA 328-A:7, II and III; RSA 541-A:16, I(b)

Phy 303.03

RSA 541-A:7

Phy 303.04

RSA 541-A:16, I(b)

Phy 303.05

RSA 328-A:7, IV

Phy 303.06

RSA 328-A:7, IV

Phy 303.07

RSA 328-F:11, I(a); RSA 328-A:3, I & IV; RSA 328-A:4, III

Phy 304.01

RSA 328-F:5, I; RSA 328-F:11, I(f) and (g)

Phy 304.02

RSA 328-F:11, I(f)

Phy 304.03

RSA 328-F:5, I; RSA 328-F:11, I(f) and (g)

Phy 304.04

RSA 328-F:11, I(a)

Phy 305.01

RSA 328-F:11, I(c)

Phy 305.01(a)

RSA 328-F:5, I(a)

Phy 305.01(b)

RSA 328-A:5, I(c), II(c), III and IV(c)

Phy 305.01(c)

RSA 328-A:5, II(g)

Phy 305.01(d)

RSA 328-A:5, I(d) and II(h) and IV(d)

Phy 305.02

RSA 541-A:16, I(b)

Phy 305.03

RSA 328-F:18, III

Phy 305.04

RSA 328-F:18, III

Phy 305.05

RSA 328-F:18, III

Phy 306.01

RSA 328-A:5, I(c); RSA 328-A:5, IV(c) and III

Phy 306.02

RSA 328-A:5, II(c)

Phy 307

RSA 328-F:18, III; RSA 328-F:11, I(a) and (c)

Phy 308

RSA 328-A:4, IX; RSA 328-A:5-a

 

 

Appendix II

 

Rule

Material to be Incorporated

Available

Phy 308.01

“Physical Therapy Compact Commission Rules” effective June 5, 2018

Available to members of the public from the Physical Therapy Compact Commission, 124 West Street South, Third Floor, Alexandria, VA 22314, and online at www.ptcompact.org