CHAPTER Phy 400 CONTINUED STATUS
Phy 401.01 “Active in the profession" means
having engaged in physical therapy:
(a) As:
(1) A direct care-giver;
(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
100 hours during each 12-month period for the 24 months immediately preceding
the completed application.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 401.02 "American
Board of Physical Therapy Residency & Fellowship Education (ABPTRFE)"
means the entity that sets the standards by which clinical residency and
clinical fellowship programs are conducted.
Source. #9456, eff 4-17-09; ss by #10061, eff
12-23-11
Phy 401.03 "Clinical
fellowship" means a planned program of post professional clinical and
didactic education:
(a) For physical therapists who demonstrate
clinical expertise, prior to commencing the program, in a learning experience
in an area of clinical practice related to the practice focus of the
fellowship; and
(b) In which a fellowship program is designed to
provide greater depth in a specialty or subspecialty area than that which is
covered in a residency program
Source. #9456, eff 4-17-09; ss by #10061, eff
12-23-11
Phy 401.04 "Clinical
residency" means a planned program of post professional clinical and
didactic education for physical therapists that is designed to:
(a) Significantly advance the physical therapist
resident's preparation as a provider of patient care services in a defined area
of clinical practice; and
(b) Substantially advance a resident's expertise
in examination, evaluation, diagnosis, prognosis, intervention, and management
of patients in a defined area of clinical practice, a specialty.
Source. #10061, eff 12-23-11
Phy 401.05 “Contact hour”
means a unit of continuing professional education equal to one tenth of a
continuing education unit when continuing education is reported in terms of
continuing education units.
Source. #9456, eff 4-17-09; renumbered by #10061
(from Phy 401.02); ss by
#12088, eff 1-20-17
Phy 401.06 “Continuing
education unit (CEU)” means a measure of continuing education sometimes used to
report continuing education achieved.
Source. #9456, eff 4-17-09; renumbered by #10061
(from Phy 401.03); ss by
#12088, eff 1-20-17
Phy 401.07 “Continuing professional education or
professional activity” means structured courses, activities, and experiences beyond entry-level
professional preparation that are designed to maintain knowledge of
advancements and enhancements in the field of physical therapy.
Source. #9456, eff 4-17-09; renumbered by #10061
(from Phy 401.04); ss
by #12088, eff 1-20-17
Phy 401.08 “Direct personal supervision” means
supervision during which the supervisor is physically present in the room and
observes, directs, and supervises tasks related to client management
continuously throughout the time that the tasks are performed.
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.05); ss
by #12088, eff 1-20-17
Phy 401.09 “Direct supervision”
means “direct supervision” as defined in RSA 328-A:2,
IV, namely, “that the physical therapist is physically present and immediately
available for direction and supervision.”
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.06); ss
by #12088, eff 1-20-17
Phy 401.10
“Distance-learning” means electronic participation in continuing
professional education or
activity so long as the participation can be documented in accordance with Phy 406.
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.07); ss
by #12088, eff 1-20-17
Phy 401.11 “Federation of State Boards of Physical
Therapy (FSBPT)” means the entity that develops the national examination for
physical therapists and physical therapist assistants.
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.08); ss
by #12088, eff 1-20-17
Phy 401.12 “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. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.09); ss
by #12088, eff 1-20-17
Phy 401.13 “Maintenance of continuing competence” means
using a dynamic multidimensional process to develop and maintain for the
purpose of performing professional responsibilities the following abilities:
(a) Knowledge in the
field of physical therapy;
(b) Physical therapy
performance skills;
(c) Interpersonal
abilities;
(d) Critical
reasoning; and
(e) Ethical
reasoning.
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.10); ss
by #12088, eff 1-20-17
Phy 401.14 "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. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.11); ss
by #12088, eff 1-20-17
Phy 401.15 "Practice review tool" means
a set of computer-based tests sponsored by the Federation of State Boards of
Physical Therapy for the purpose of assessment of clinical competence in
physical therapy.
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.12); ss
by #12088, eff 1-20-17
Phy 401.16 “Physical therapy aide” means “Physical
therapy aide” as defined in RSA 328-A:2, X, namely, “a support person trained
under the direction of a physical therapist who performs designated and
supervised routine tasks related to physical therapy.”
Source. #9456, eff 4-17-09; renumbered by #10061
(from Phy 401.13); ss by
#12088, eff 1-20-17
Phy 401.17 “Renewal year” means any even-numbered
year which is not the year of initial licensure.
Source. #9456, eff 4-17-09; renumbered by
#10061 (from Phy 401.14); ss
by #12088, eff 1-20-17
Phy 401.18 “Sexual misconduct” means engaging in
one or more of the following activities with respect to a client:
(a) Engaging in or
soliciting a sexual relationship with a client, whether consensual or
non-consensual, while the physical therapist-client or physical therapist
assistant-client relationship exists;
(b) Making sexual
advances, requesting sexual favors or engaging in other verbal conduct or physical
contact of a sexual nature with a client; or
(c) Intentionally
viewing a completely or partially disrobed client in the course of treatment if
the viewing is not related to client diagnosis or treatment.
Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy
401.15); ss by #12088, eff 1-20-17
PART Phy 402 PROCEDURES FOR RENEWING A LICENSE AND
INDICATING A DECISION NOT TO RENEW
Phy 402.01 Procedure for Licensees Who
Do Not Wish to Renew Their Licenses.
Any licensee who does not wish to renew his or her license shall so
indicate by:
(a) Submitting only
the first page of the renewal form on or before December first of the renewal
year; and
(b) Completing that
page only to the following extent:
(1) Correcting or adding as necessary to the
preprinted home mailing address: and
(2) Placing on the lines provided for a licensee
not wishing to renew:
a. His or her signature; and
b. The date of signing.
Source. #9456, eff 4-17-09; ss
by #10402, eff 8-23-13
Phy 402.02 License Renewal Procedure.
(a) A licensee
wishing to renew his or her current license shall:
(1) Submit the completed renewal application
packet described in Phy 402.03;
(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;
(3) Have completed 24 hours of maintenance of
continuing competence as described in Phy 406.01; and
(4) Have taken and passed the jurisprudence
examination as described in Phy 402.06 in the year
ending in “0” or “5” immediately preceding the date of renewal.
(b) 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.
(c) Renewal
applicants whose licenses have lapsed shall not practice physical therapy until
their licenses have been reinstated by the board.
Source. #9456, eff 4-17-09; ss
by #10402, eff 8-23-13; ss by #10725, eff 11-22-14
Phy 402.03 License Renewal Application
Packet. Applicants for license
renewal shall submit each of the following components of the application
packet:
(a) The completed
multipart renewal application form described in Phy
402.04;
(b) The documents
described in Phy 402.07; and
(c) The fee(s)
specified by Ahp 301.02(a) for timely or late
renewal, as applicable.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 402.04 Licensure Renewal
Application Form.
(a) The renewal
application form shall:
(1) Be provided by the board; and
(2) Contain 3 parts as follows:
a. Part one, which shall be available to the public,
except for the information required by (c) and (d) below;
b. Part 2, which shall be held confidential by the
board, except for the information required by (g)(5), (g)(6), and (g)(7) below;
and
c. Part 3, which is available to the public.
(b) The renewal
applicant shall:
(1) Complete the entire renewal application form
using a keyboard or by printing legibly in ink; and
(2) Complete all sections of the entire renewal
application form or designate them as not applicable.
(c) On part one of
the renewal application form the renewal applicant shall correct as necessary
the home mailing address.
(d) Also on part one
of the form the renewal applicant shall list the
jurisdictions, other than
(e) Also on part one of the form using the
"yes" and "no" columns provided, indicate whether:
(1) During the past 27 months, or if not
previously reported, the applicant has been found guilty of, or entered a plea
of no contest to, any felony or misdemeanor;
(2) During the past 27 months, or if not
previously reported, the applicant has been the subject of any disciplinary
action by any professional licensing authority;
(3) During the past 27 months, or if not
previously reported, the applicant has been denied a license or other
authorization to practice in any state or jurisdiction; and
(4) During the past 27 months, or if not
previously reported, the applicant has surrendered a license or other
authorization to practice issued by any state or jurisdiction in order to avoid
or settle disciplinary charges.
(f) Also on part one
of the form the renewal applicant shall place his or
her signature and the date of signing below the following preprinted statement:
"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."
(g) On part 2 of the
form a renewal applicant shall provide the applicant’s:
(1) Full name;
(2) Home physical address;
(3) Home phone number or personal cell phone
number;
(4) Home mailing address;
(5) Place of employment name, if any;
(6) Place of employment mailing address, if any;
(7) Place of employment phone number, if any; and
(8) E-mail address at which the applicant wishes
to receive correspondence from the board.
(h) The renewal
applicant shall use the boxes provided to indicate which of the following
addresses, if any, the board is permitted to make available to the public:
(1) Home mailing address;
(3) Place of employment mailing address; and
(4) None.
(i) The renewal applicant shall designate by
checking one of the appropriate boxes if the applicant wishes to receive
notification from the board by e-mail or regular mail.
(j) The renewal
applicant shall verify his or her social security number and make any necessary
corrections to the preprinted number by striking through the incorrect number
and writing the corrected number under the following preprinted statement:
"The Governing Board of
your profession will deny licensure if you refuse to submit your social
security number (SSN). Your professional
license will not display your SSN. Your
SSN will not be made available to the public.
The Governing Board is
required to obtain your social security number for the purpose of child support
enforcement and in compliance with RSA 161-B:11. This collection of your social security
number is mandatory."
(k) Also on part 2
of the renewal application form the renewal applicant shall indicate using the
“yes” and “no” columns provided, indicate whether:
(1) The applicant has any reason to believe that
the applicant will soon be the subject of a disciplinary proceeding, settlement
agreement or consent decree undertaken or issued by a professional licensing
board or any state or jurisdiction;
(2) During the past 27 months, or if not
previously reported, any malpractice claim has been made against the applicant;
(3) During the past 27 months, or if not
previously reported, the applicant has for disciplinary reasons been put on
administrative leave, been fired for cause other than staff reductions from a
position at his or her place of employment, or had any privileges limited,
suspended or revoked in any:
a. Hospital;
b. Health care institution;
c. Home health care agency;
d. Educational institution; or
e. Other professional setting;
(4) During the past 27 months, or if not
previously reported, the applicant has been denied the privilege of taking an
examination required for any professional licensure; and
(5) During the past 27 months, or if not
previously reported, the applicant has any
physical, mental or emotional condition, or any alcohol or substance abuse
problem, which could negatively affect the applicant's ability to practice the
profession for which licensure is sought.
(l) On part 3 of the
form the renewal applicant shall:
(1) Place his or her full name and current
(2) Indicate, by using the check box provided,
the allied health profession of licensure.
(m) Also on part
three of the form the renewal applicant shall use the designated columns to
report the following information about each continuing professional education
course or professional activity constituting maintenance of continuing
competence completed since the issuance of the initial license or the last
licensure renewal:
(1) Its beginning and ending dates;
(2) Its title;
(3) The name of its sponsor or provider;
(4) The clinical hours attributable to it;
(5) The other hours attributable to it; and
(6) The total number of hours attributable to it.
(1) Show in the space provided the total hours of
continuing professional education and professional activity completed;
(2) Use the designated columns to report the same
information required by (h) above for each course or professional activity he
or she anticipates will be completed between November 1 and December 31; and
(3) Show in the space provided the total hours of
continuing professional education and professional activity anticipated to be
completed between November 1 and December 31.
Source. #9456, eff 4-17-09; ss by # 10061, eff
12-23-11; ss by #10203, eff 19-19-12; ss by #10402, eff 8-23-13
(a) The renewal
applicant’s acknowledgement that knowingly making a false statement on the
license renewal application form is a misdemeanor under RSA 641:2, I;
(b) The renewal
applicant’s certification that:
(1) The information provided on all of the parts
of the license renewal 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;
(2) The applicant has read the statutes and
administrative rules of the board; and
(3) The applicant promises to abide by the
statutes and administrative rules of the board.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 402.06 Jurisprudence Examination. Each individual licensed as a physical
therapist or physical therapist assistant shall take and pass a jurisprudence
examination as described below:
(a) The jurisprudence
examination shall be taken each April, May, or June of years ending in “0” and
“5”;
(b) Each individual
licensed as a physical therapist shall be examined on the contents of RSA 328-A
Physical Therapy Practice Act, Phy 100 through 500,
and the APTA Code of Ethics for the Physical Therapist;
(c) Each individual
licensed as a physical therapist assistant shall be examined on the contents of
RSA 328-A Physical Therapy Practice Act, Phy 100
through 500, and the APTA Standards of Ethical Conduct for the Physical
Therapist Assistant;
(d) The
jurisprudence exam shall be developed and administered by the Federation of
State Boards of Physical Therapy and the results sent directly to the board;
(e) The
jurisprudence examination shall be open book and available on a secure web
site; and
(f) An individual
shall achieve a passing score of at least 80 percent.
Source. #10725, eff 11-22-14
Phy 402.07 Required Documents. Applicants for renewal of their licenses
shall submit, or arrange for the board to receive, the following materials:
(a) A detailed
report of the relevant circumstances if any of the answers to questions (e)(2) 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 (m) on part 2 of the
application form is in the affirmative;
(c) A completed work
history form provided by the board; and
(d) The passing
scores on the most recently required jurisprudence exam as described in Phy 402.06.
Source. #9456, eff 4-17-09; ss
by #10725, eff 11-22-14 (from Phy 402.06)
Phy 402.08 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 for a fully renewed license or a conditionally renewed license, the
board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(b) An application
for license renewal shall be considered to be completed 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 120 days
of the date that the renewal application 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; 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 active duty, whichever occurs later.
Source. #9456, eff 4-17-09; renumbered by #10725 (from
Phy 402.07); ss by #12088,
eff 1-20-17
Phy 402.09 Non-Completion
of Maintenance of Continuing Competence Reported on the Renewal Form.
(a)
Renewal applicants who reported on their renewal application form that
they anticipated completing continuing professional education between November
1 and December 31 of the renewal year and did not complete the professional
education shall:
(1) Report the cancelation to the board no later
than 15 days from the date of the cancelation or January 15 of the
year following the renewal year which ever comes first;
(2) Give a detailed written explanation of why
the renewal applicant could not complete the continuing education as reported
on the renewal form; and
(3) If the
opportunity to complete continuing professional education was prevented
by cancellation, provide proof of the cancelation.
Source. #10402, eff 8-23-13; renumbered by #10725
(from Phy 402.08)
Phy 402.10 Non-Completion of the
Requirement to Take and Pass the Jurisprudence Examination Described in Phy 402.06.
(a) The licensees
who failed to take or did not pass the jurisprudence examination described in Phy 402.06 in the months of April, May, or June or in a
year ending in “0” or “5” shall:
(1) Notify the board within 30 days;
(2) Submit a written request to the board to take
the exam in a future month, which shall:
a. Be dated and signed by the licensee;
b. Contain a detailed explanation of why the
licensee failed to take or did not pass the examination as described in Phy 402.06; and
c. Give a detailed plan of how the licensee shall
insure that he or she takes and passes the jurisprudence examination during the
time period described in the Phy 402.06 in the
future.
(b) Upon receipt of
the request the board shall within 120 days:
(1) Issue a letter granting the licensees
request; or
(2) Grant the licensees request and issue a letter
explaining the board’s concerns that the licensee did not comply with Phy 402.06; or
(3) Issue a notice of hearing based on Phy 405.01.
(c) The licensees
failure to take or pass the jurisprudence examination described in Phy 402.06 before December 31 of the renewal year and who
failed to comply with (a)(1) above, shall result in issuance of a notice of
hearing.
Source. #10725, eff 11-22-14
Phy 402.11 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 the maintenance of continuing
competence required by Phy 406.01.
(b) Audited renewal
applicants who reported on the renewal application form that they completed
maintenance of continuing competence before December thirty-first of the
renewal year shall:
(1) Submit proof in the form of the documentation
described in Phy 407; 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
the 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 believes that the renewal
applicant made an error in reporting or in submitting documents and 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 renewed license should be suspended
pursuant to Phy 405.01.
(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. #9456, eff 4-17-09; ss
by #10402, 8-23-13 (from Phy 402.08); renumbered by
#10725 (from Phy 402.09)
Phy 402.12 Full Renewal of Licensure.
(a) The board shall
issue fully renewed licenses to applicants who:
(1) Fall into one of the following 3 categories:
a. Applying for licensure renewal for the first time;
b. Applying for licensure renewal no more than 4 years
after issuance of the initial license; or
c. Applying for licensure renewal on any date
more than 4 years after issuance of the initial license if the applicants have
been active in the profession as defined in Phy
401.01 for the 4 years just preceding their applications; and
(2) Meet the basic
application requirements of (b) below.
(b) The basic
application requirements shall be:
(1) Maintenance of continuing competence as
further described in Phy 406;
(2) Having not:
a. Violated RSA 328-A;
b. Violated RSA 328-F; or
c. Demonstrated poor moral character as
evidenced by:
1. The answers to the questions in Phy 402.04(e)(2) and Phy 402.04(k); and
2. Any related documents submitted pursuant to Phy 402.07(a) or (b); and
(3) Having timely submitted the completed renewal
application packet;
(4) Have taken and passed the jurisprudence
examination described in Phy 402.06.
Source. #9456, eff 4-17-09; renumbered by #10402, (from
Phy 402.09); renumbered by #10725 (from Phy 402.10); ss by #12088, eff
1-20-17
Phy 402.13 Conditional Renewal of
Licensure.
(a) The board shall
issue conditionally renewed licenses instead of fully renewed licenses to
applicants who:
(1) Submit the documents described in Phy 402.07; and
(2) Apply for renewal 4 years or more after
issuance of the original license without being active in the profession as
defined in Phy 401.01 for the 4 years just preceding
their applications.
(b) In the case of
applicants who have not been active in the profession for as long as 6 or more
years preceding their renewal applications, the board shall issue conditionally
renewed licenses only if the applicants:
(1) Submit the documents described in Phy 402.07; and
(2) Have:
a. Retaken and passed the applicable national
examination; or
b. As applicants for renewal
of licensure as a physical therapist, taken and passed the general practice
version of the practice review tool.
(c) Applicants who
have retaken and passed the national applicable examination in accordance with
(b)(2)a. above shall demonstrate that they have done
so by arranging to have the examination scores sent directly to the board by
Federation of State Boards of Physical Therapy.
(d) Applicants who
have taken and passed the general practice version of the practice review tool
in accordance with (b)(2)b. above shall demonstrate
that they have done so by submitting to the board a photocopy of the
confirmatory document received from FSBPT.
(e) Individuals
holding conditionally renewed licenses shall comply with the rules set forth in
Phy 408.
Source. #9456, eff 4-17-09; renumbered by #10402, (from
Phy 402.10); renumbered by #10725 (from Phy 402.11); ss by #12088, eff
1-20-17
PART Phy
403 REINSTATEMENT
OF LICENSES
Phy 403.01 Licenses
Subject to Reinstatement.
(a) The following licenses shall be subject to
reinstatement by the board:
(1) Licenses
suspended pursuant to Phy 402.08(f)(2);
(2) Licenses
suspended for disciplinary reasons as part of a settlement pursuant to Ahp 214
or as part of an order of the board; and
(3) Licenses
lapsed pursuant to Phy 402.02(b).
(b) Reinstated licenses shall be:
(1) Fully
reinstated, under the circumstances set forth in Phy 403.02, Phy 403.03, Phy
403.04 and Phy 403.05; or
(2) Conditionally reinstated, under
the circumstances set forth in Phy 403.06.
Source. #9431, eff 3-19-09; ss by #10061, eff
12-23-11
Phy 403.02 Full Reinstatement of
Licenses Suspended Pursuant to Phy 402.11(f).
(a)
The
board shall fully reinstate a license suspended pursuant to Phy
402.11(f) if:
(1) The suspension occurred not more than 70 days
before the reinstatement application is submitted to the board; and
(2) The applicant for reinstatement submits:
a. A completed, dated, and signed and notarized
reinstatement application form as further described in Phy
403.07;
b. Proof in accordance with Phy
407 of having completed any requirement for maintenance of continuing
competence left uncompleted at the time the license was suspended;
c. Payment of the reinstatement fee set forth in Ahp 301.02(a);
d. A written statement that the reinstatement
applicant has not engaged in physical therapy in New Hampshire on a volunteer
or paid basis since the date that his or her license ceased to be valid;
e. Submit transcripts as described in Phy 303.01(c)(1) or (c)(3) if not previously submitted.
Source. #9431, eff 3-19-09; ss by #10061, eff
12-23-11; ss by #10203, eff 10-19-12; ss by #10836, eff 5-23-15; ss by
#12088, eff 1-20-17
Phy 403.03 Full Reinstatement of Licenses
Suspended Pursuant to Disciplinary Rules Other than Phy
402.11(f). For licenses suspended
for violations of disciplinary rules other than Phy
402.11(f), the board shall fully reinstate a license suspended for disciplinary
reasons:
(a) In accordance with the terms of the
settlement agreement or the disciplinary order of the board, as applicable;
(b) After receiving
payment of the reinstatement fee set forth in Ahp
301.02(a); and
(c) Submit
transcripts as described in Phy 303.01(c)(1) or (c)(3) if not previously submitted.
Source. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 403.04 Full
Reinstatement of Licenses Lapsed For No
More Than 70 Days. The board shall
fully reinstate licenses lapsed for no more than 70 days if the applicants for
reinstatement submit to the board:
(a) A completed,
dated, signed and notarized reinstatement application form as further described
in Phy 403.07;
(b) Proof in
accordance with Phy 407 of having completed any
requirement for maintenance of continuing competence left uncompleted at the
time the license lapsed;
(c) Payment of the
reinstatement fee set forth in Ahp 301.02(a);
(d) A completed
“Physical Therapist and Physical Therapist Assistant Work History Form”, eff.
05/07/09, provided by the board;
(e) A written
statement that the reinstatement applicant has not engaged in physical therapy
in New Hampshire on a volunteer or paid basis since the date that his or her
license ceased to be valid;
(f) The
jurisprudence exam described in Phy 303.07; and
(g) Submit
transcripts as described in Phy 303.01(c)(1) or (c)(3) if not previously submitted.
Source. #9431, eff 3-19-09; ss by #10061, eff
12-23-11; ss by #10203, eff 10-19-12; ss by #10402, eff 8-23-13; ss by
#12088, eff 1-20-17
Phy 403.05 Full
Reinstatement of Certain Licenses Lapsed For More Than 70
Days. The board
shall fully reinstate licenses lapsed for more than 70 days if:
(a)
The licenses:
(1) Have been
lapsed for no more than 4 years; or
(2) Have been lapsed for over 4 years but the
reinstatement applicants have been active in the profession as defined in Phy 401.01 for the just
preceding 4 years;
(b)
The reinstatement applicants have not violated RSA
328-A or RSA 328-F;
(c) The
reinstatement applicants have not demonstrated poor moral character as
evidenced by:
(1) The answers to the "yes-no"
questions on the confidential and non-confidential parts of the reinstatement
application form;
(2) Any documents giving detailed reports of the
relevant circumstances related to answers to such starred questions;
(3) Any criminal offender record reports received
by the board in compliance with Phy 403.08(e); and
(4) Any verifications
received by the board in compliance with Phy
403.08(f);
(d) The
reinstatement applicants have paid the reinstatement fee set forth in Ahp 301.02(a);
(e) The
reinstatement applicants have submitted:
(1) A completed dated, signed and notarized
reinstatement application form as further described in Phy
403.07; and
(2) The supporting materials described in Phy 403.08; and
(f) The
reinstatement applicant has taken and passed the jurisprudence examination as
described in Phy 303.07.
Source. #9431, eff 3-19-09; ss by #9869, eff 2-18-11;
ss by #10402, eff 8-23-13
Phy 403.06 Conditional
Reinstatement of Lapsed Licenses.
(a) The board shall conditionally, rather than
fully, reinstate licenses when they have been lapsed for 4 years or more
without the reinstatement applicants' having been active in the profession as defined in Phy
401.01 for the just preceding 4 years if the applicants:
(1)
Have not violated RSA 328-A or RSA 328-F;
(2) Have not demonstrated poor moral character as
evidenced by:
a. The answers to the starred questions on the
confidential and non-confidential parts of the reinstatement application form;
b. Any documents giving detailed reports of the relevant
circumstances related to answers to such starred questions;
c. Any criminal offender record reports received by the
board in compliance with Phy 403.08(e); and
d. Any verifications received by the board in compliance
with Phy 403.08(f);
(3) Have paid the reinstatement fee set forth in Ahp 301.02(a); and
(4) Have submitted:
a. A completed dated, signed and notarized
reinstatement application form as further described in Phy
403.07; and
b. The supporting materials described in Phy 403.08.
(b) In the case of
applicants who have not been active in the profession for as long as 6 or more
years preceding their reinstatement applications, the board shall issue
conditionally reinstated licenses only if
the applicants have retaken and passed the applicable national
examination.
Source. #9431, eff 3-19-09; ss
by #10402, eff 8-23-13; ss by #12088, eff 1-20-17
Phy 403.07 Application Form.
(a) The “Application
for Reinstatement of Licensure or Certification” form, effective 09/03/15,
shall:
(1) Be supplied by the board; and
(2) Contain the following preprinted statement:
"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."
(b)
The
effect of the reinstatement applicant’s notarized signature on the application
form shall be:
(1) The applicant’s acknowledgement that
knowingly making a false statement on the application form is a misdemeanor
under RSA 641:2, I;
(2) The applicant’s certification that:
a. The
information provided on all of 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
b. 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. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 403.08 Supporting Materials. The materials supporting the reinstatement
application shall be:
(a) A recent
passport size, 2" x 2", original head shot photograph;
(b) On a separate
sheet, a detailed report of the relevant circumstances if any of the answers to
the "yes-no" questions on the confidential part of the application
form is in the affirmative;
(c) On a separate
sheet, a detailed report of the relevant circumstances if any of the answers to
the "yes-no" questions on the non-confidential part of the
application form is in the affirmative;
(d) A completed work
history form provided by the board;
(e) An original, not
a photocopy, of a criminal offender record report:
(1) Issued by each state where the applicant has
resided or been licensed within the past 6 years, providing that such state
will:
a. Send the report to the board; or
b. To the applicant for forwarding to the board;
(2) Covering the applicant under his or her name
and any aliases; and
(3) Dated within the 6 months preceding the
application for licensure;
(f) 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 since
the lapse of the New Hampshire license, 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;
(g) A written statement that the reinstatement
applicant has not engaged in physical therapy in New Hampshire on a volunteer
or paid basis since the date that his or her license ceased to be valid;
(h) If applicable to
the reinstatement applicant, proof in accordance with Phy
407 of having completed 24 hours of continuing education earned within the
immediately preceding 2 years of submission of a completed application;
(i) If the reinstatement applicant re-took and
passed the national examination in order to meet the requirement in Phy 403.06(b), the applicant's examination scores sent
directly to the board by FSBPT;
(j) If the
reinstatement applicant is eligible for conditional reinstatement, the
completed supervision form described in Phy 404.05;
(k) The original,
completed, jurisprudence examination provided to the applicant by the board;
and
(l) Transcripts as
described in Phy 303.01(c)(1) or (c)(3) if not
previously submitted.
Source. #9431, eff 3-19-09; ss by #9653, eff 2-5-10;
ss by #9869, eff 2-18-11; ss by #10203, eff 10-19-12;
ss by #10402, eff 8-23-13; ss
by #12088, eff 1-20-17
Phy 403.09 Letters of Reference. REPEALED
Source. #9431, eff 3-19-09; rpld
by #10402, eff 8-23-13
PART
Phy 404 CONDITIONALLY REINSTATED LICENSES
Phy 404.01 The
Nature of Conditionally Reinstated Licenses. Conditionally reinstated licenses shall:
(a) Remain valid for no more than 26 weeks unless
their validity is extended pursuant to Phy 404.08 or Phy 404.09; and
(b)
Limit the practice of a physical therapist or physical therapist
assistant to the supervised practice described in Phy
404.04.
Source. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy
404.02 Issuance
of Fully Reinstated Licenses to Conditionally Reinstated Licensees. The board shall issue fully reinstated
licenses to physical therapists and physical therapist assistants holding
conditionally reinstated licenses when they have:
(a)
Completed the supervised practice described in Phy 404.04; and
(b) Established readiness to practice under fully
reinstated licensure through the submission to the board of the supervisory
approval letter described in Phy 404.07.
Source. #9431, eff 3-19-09; ss by #10061, eff
12-23-11
Phy 404.03 Supervisors.
(a)
The practice of a licensee holding a conditionally reinstated license
shall be supervised by at least one physical therapist currently licensed in
New Hampshire who:
(1) Has been practicing clinically for a period
of at least one year;
(2) Is a non-probationary employee not under
disciplinary investigation or pending disciplinary charges and has not had
disciplinary action taken against him or her in any state within the past 5
years;
(3) Is located in the facility where supervision
is to take place; and
(4) Is not related in any of the following ways
to the conditionally reinstated 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.
(b) A physical therapist supervising a conditionally
reinstated licensee shall share supervisory duties only with a physical
therapist assistant meeting the standards in (a) above.
(c) A physical therapist supervising a conditionally
reinstated licensee shall delegate supervisory duties only:
(1) To a physical therapist currently licensed in
New Hampshire or a physical therapist assistant currently licensed in New
Hampshire who meets the standards in (a)(1) through (a)(3) above;
(2) When the physical therapist believes based on
knowledge about the delegate that the delegate is competent to carry out the
duties being delegated; and
(3) When the proposed delegate voluntarily
accepts the duties.
(d) If, as a result of the sharing or the
delegation of supervisory duties, there is more than one individual supervising
a conditionally reinstated licensee at any one time:
(1) A single physical therapist shall bear
responsibility for compliance with Phy 404; and
(2) Complete and sign the supervision form
described in Phy 404.05.
(e) If, as a result
of the sharing or the delegation of supervisory duties, there was more than one
individual supervising a conditionally reinstated licensee during the
licensee's period of supervision, the physical therapist most recently
supervising the conditionally reinstated licensee shall sign the supervisory
approval letter described in Phy 404.07.
Source. #9431, eff 3-19-09; ss
by #10402, eff 8-23-13
Phy 404.04 Supervised
Practice.
(a)
Licensees holding conditionally reinstated licenses shall practice under
supervision as described in Phy 404.04 for a total of
320 hours.
(b) The levels of
supervision shall be:
(1) For those who have not been active in the
profession for 4 to 6 years:
a. The first 200 hours shall be:
1. Direct personal
supervision, as defined in Phy 401.04, for at least
50% of the hours worked each week;
2. Direct supervision, as
defined in Phy 401.05, for at least 40% of the hours
worked each week; and
3. General supervision, as
defined in Phy 401.07, for no more than 10% of the hours worked each week; and
b. The 120 hours immediately following the first 200 hours
described in a. above shall be:
1. Direct personal
supervision, as defined in Phy 401.04, for at least
30% of the hours worked each week;
2. Direct supervision, as
defined in Phy 401.05, for at least 30% of the hours
worked each week; and
3. General supervision, as defined in Phy 401.07, for no more than 40% of the hours worked each week; and
(2) For those who have not been active in the
profession for more than 6 years:
a. The first 200 hours shall be:
1. Direct personal
supervision, as defined in Phy 401.04, for at least
70% of the hours worked each week;
2. Direct supervision, as defined in Phy 401.05, for at least 20% of the hours worked each week; and
3. General supervision, as defined in Phy 401.07, for no more than 10% of the hours worked each week;
b. The 120 hours immediately following the first 200 hours
described in a. above shall be:
1. Direct personal
supervision, as defined in Phy 401.04, for at least
30% of the hours worked each week;
2. Direct supervision, as
defined in Phy 401.05, for at least 30% of the hours
worked each week; and
3. General supervision, as defined in Phy 401.07, for no more than 40% of the hours worked each week.
Source. #9431, eff 3-19-09; ss
by #10402, eff 8-23-13; ss by #12088, eff 1-20-17
Phy 404.05 Supervision Form.
(a) The supervision
form shall:
(1) Be the “Supervision Form” dated March 25, 2015;
(2) Be provided by the board and available on the
boards web site, www.nh.gov/alliedhealth;
(3) Be completed legibly in ink or using a
keyboard; and
(4) Be signed and dated below the following
preprinted statement which asserts:
"By signing this form I
state that I have read and understood the applicable rules of supervision or
order of the Board for supervision, agree to undertake the duties of
supervision set forth in the rules or order of the Board, agree to be
responsible for the acts and omissions of any person to whom I delegate the
duties of supervision, and acknowledge that my own or my delegate's failure to
comply with the rules or order of the Board might result in disciplinary
sanctions.”
(b) The signature
required by (a)(4) above shall constitute the
signer's:
(1) Assertion that the signer has read and
understood the rules or order of the board governing the supervision;
(2) Agreement to undertake the duties of
supervision;
(3) Agreement to take responsibility for the acts
and omissions of any individual to whom the signer delegates the duties of
supervision; and
(4) Statement of understanding that the failure
of the signer or the signer's delegate to follow the rules or order of the
Board governing the supervision has the potential to subject the signer to
disciplinary sanctions.
Source. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 404.06 Administrative and Ethical
Obligations of Licensees Holding Conditionally Reinstated Licenses.
(a) The
administrative obligations of licensees holding conditionally reinstated
licenses shall be as follows:
(1) Before the beginning of supervision by the
individual who will provide some or all of the weeks of supervision, licensees
holding conditionally reinstated licenses shall:
a. Give to these individuals a copy of Phy 404 and the supervision form described in Phy 404.05;
b. Discuss the required supervision with them; and
c. Submit the completed supervision form described in Phy 404.05 to the board; and
(2) When the supervisor is replace by another
individual, licensees holding conditionally reinstated licenses shall:
a. Notify the board of that fact; and
b. Take the actions required by (1) above.
(b) The ethical
standards to be met by licensees holding conditionally reinstated licenses
shall be those set forth in Phy 500.
Source. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 404.07 Supervisory Approval Letter.
(a) For a physical
therapist holding a conditionally reinstated license, the letter indicating
supervisory approval shall:
(1) Be dated and signed by the individual who is
the physical therapist's most recent supervisor;
(2) Be based on the determinations by the
supervisor required by Phy 404.11;
(3) State the opinion of the supervisor that the
physical therapist is ready to practice under full licensure because the
supervisor has determined that the she or he has the following requisite skills
detailed in Phy 404.11:
a. Evaluation skills;
b. Treatment skills;
c. Management skills;
d. Professional interaction skills;
(4) State the number of weeks of supervision; and
(5) State the number of hours of supervision each
week.
(b) For a physical
therapist assistant holding a conditionally reinstated license, the letter
indicating supervisory approval shall:
(1) Be dated and signed by the individual who is
the physical therapist assistant's most recent supervisor;
(2) Be based on the determinations by the
supervisor required by Phy 404.12; and
(3) State the opinion of the supervisor that the
physical therapist assistant is ready to practice under full licensure because
the supervisor has determined that the physical therapist assistant has the
following requisite skills detailed in Phy 404.12:
a. Assessment skills;
b. Treatment skills;
c. Management skills; and
d. Professional interaction skills.
Source. #9431, eff 3-19-09; ss
by #10402, eff 8-23-13
Phy 404.08 Extension of Conditionally Reinstated License When Supervised
Practice is Incomplete or Supervisory Approval Letter is Unavailable. The board shall
extend a conditionally reinstated license for an additional period of no more
than 26 weeks when:
(a)
The conditionally reinstated license is still valid;
(b)
The licensee holding the conditionally reinstated license:
(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 he or she is not ready to practice under full licensure; and
(c)
The holder of the conditionally reinstated license submits to
the board a written request for the extension explaining the details of one of
the reasons in (b) above.
Source. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 404.09 Extension
of a Conditionally Reinstated License in Accordance with Supervisor’s Request. The board shall extend the period of validity of a
conditionally reinstated license for the period of time, not to exceed 6 weeks,
specified by the supervisor:
(1) During the period of validity of the
conditionally reinstated license; and
(2) When the holder of the conditionally
reinstated license submits the supervisor’s signed statement of opinion that
the he or she will become ready to practice under full licensure if the
conditionally reinstated license is extended for a specified period of time,
not to exceed 6 weeks.
Source. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 404.10 Expiration, Denial and
Suspension of Conditionally Reinstated Licenses.
(a) A conditionally
reinstated license shall expire upon the first of the following events:
(1) The date of its expiration; or
(2) The board's approval or denial of full
renewal licensure.
(b) The physical therapist or physical
therapist assistant holding the conditionally reinstated license shall have the
right to challenge the board’s denial of full renewal licensure through an
adjudicative hearing.
(c) The board shall
suspend a conditionally reinstated license under the following circumstances:
(1) Practice by the physical therapist or
physical therapist assistant holding the conditionally reinstated license
without the required supervision;
(2) The license holder's termination from
employment for cause; or
(3) The license holder's termination from employment for incompetence during
a probationary period.
(d) The board shall
suspend a conditionally reinstated license pursuant to (c) above only after:
(1) Giving the license holder notice containing:
a. A statement of the board’s intention to suspend the
conditionally reinstated license;
b. The grounds for the intended suspension;
c. The date of the intended suspension; and
d. A statement that the license holder has the right to
request an adjudicative hearing to challenge the intended suspension; and
(2) Providing the license holder 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. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 404.11 Skills To Be Determined for
Physical Therapists Holding Conditionally Reinstated Licenses. The supervisor of a physical therapist
holding a conditionally reinstated license shall, in the course of supervision,
determine whether and to what extent the physical therapist 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, based on the screening,
the client's appropriateness for physical therapy or 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. Observing 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,
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 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 referral(s) based on the
expertise and effectiveness of provider(s);
c. Advocating for appropriate patient
services and resources; and
d. Assisting patients in accessing
resources; and
(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
(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
holder of the conditionally renewed license;
(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, creed, color, gender, 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. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
Phy 404.12 Skills To Be Determined for
Physical Therapist Assistants Holding Conditionally Reinstated Licenses. The supervisor of a physical therapist
assistant holding a conditionally reinstated license shall, in the course of
supervision, determine whether and to what extent the physical therapist
assistant has the following skills:
(a) Collaboration
and communication with the supervisor;
(b) Assessment
skills, including:
(1) Performing regular re-assessments of the
client's status;
(2) Performing regular assessments of the
effectiveness of the client's treatment; and
(3) Assessing changes in the client's status;
(c) 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 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
and assessment 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;
(d) 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 referral(s) based on the expertise and effectiveness of
provider(s);
c. Advocating for appropriate patient
services and resources; and
d. Assisting patients in accessing
resources; and
(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
(e) 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
physical therapist assistant;
(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, creed, color, gender, 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. #9431, eff 3-19-09; ss
by #12088, eff 1-20-17
PART Phy 405
REVOCATION, SUSPENSION AND OTHER
SANCTIONS, INCLUDING NON-DISCIPLINARY
SUBSTANCE ABUSE RECOVERY PROGRAM
Phy 405.01 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 other than a traffic violation;
(c) Failure to
report to the board a conviction described in (b) above within 30 days;
(d) Violation of Phy 500;
(e) Engaging in
sexual misconduct;
(f) Failure to provide care with
reasonable skill, safety, and regard for client rights, whether or not the
client has suffered injury;
(g) Disciplinary
action by a regulatory authority in another domestic or foreign jurisdiction;
(h) Failure to take
appropriate action to safeguard individuals from incompetent counselors and
health care practitioners, whether or not they are licensed in this state;
(i) Failure to exercise appropriate supervision
over persons who are authorized to practice only under supervision;
(j) Practice without
a currently valid license; and
(k) Violation of:
(1) Any provision of RSA 328-F;
(2) Any provision of RSA 328-A;
(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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 405.02 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 physical therapist; and
(6) The imposition of an administrative fine not
to exceed $1,000 for:
a. Misconduct as described in Phy 405.01; or
b. The practice of physical therapy by a person
who was once licensed to practice 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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 405.03 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. #9456, eff 4-17-0; ss
by #12088, eff 1-20-17
Phy 405.04 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 Phy 405.05.
(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 the same
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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 405.05 Standards
for the Selection of Sanctions. The
board shall select appropriate sanction(s):
(a) From the list in Phy 405.02; and
(b) By choosing, in
light of the characteristics determined pursuant to Phy 405.04(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
physical 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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 405.06 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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 405.07 Non-Disciplinary Substance
Abuse Recovery Program.
(a) The board shall
make available to eligible licensees the non-disciplinary substance abuse
recovery program specified by RSA 328-A:14.
(b) A licensee
complying with and completing such non-disciplinary substance abuse recovery
program shall be deemed not to have been sanctioned for misconduct.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
PART Phy 406
MAINTENANCE OF CONTINUING
COMPETENCE
Phy 406.01 Maintenance of Continuing
Competence Requirements.
(a) Individuals
licensed as physical therapists or physical therapist assistants wishing to
renew their licenses either fully or conditionally shall maintain continuing
competence by completing 24 hours of continuing professional education in each
2-year renewal cycle.
(b) Individuals who
have been licensed within the past 2 years as a physical therapist or physical
therapist assistant in another state and wish to renew an initial New Hampshire
license that expires in less than the usual 2 years may use continuing
education earned outside of the New Hampshire license period of validity but
not outside the 2 year renewal cycle towards the requirement in (a) above.
(c) At least one
half of the hours required by (a) above shall relate directly and primarily to
the clinical application of physical therapy.
(d) The balance of
the contact hours required by (a) above shall relate to general physical
therapy practice, including, but not limited to, supervision and consultation
skills, curriculum development, and trans-disciplinary issues or skills.
(e) Continuing
competence shall be maintained through the following continuing professional education courses and professional activities,
provided that they meet the definition of continuing professional education in Phy 407.04:
(1) Receipt of academic instruction in physical
therapy, as further described in Phy 406.02;
(2) Non-academic courses, seminars, conferences
and workshops, as further described in Phy 406.03;
(3) Facility-based physical therapy in-service
training, as further described in Phy 406.04;
(4) Formal mentored independent study, as further
described in Phy 406.05;
(5) Direct supervision of physical therapist or
physical therapist assistant students during their clinical education, as
further described in Phy 406.06;
(6) Supervision of licensees holding conditional
initial licenses, conditionally renewed licenses or conditionally reinstated
licenses, as further described in Phy 406.07;
(7) Publication of writing related to physical
therapy, as further described in Phy 406.08;
(8) Professional presentations relating to physical therapy made to other professionals
or the public, as further described in Phy
406.09;
(9) Participation in a physical therapy research
project, as further described in Phy 406.10;
(10) Participation in the work of professional
boards, committees and agencies, as further described in Phy
406.11;
(11) Completion of distance learning courses, as
further described in Phy 406.12;
(12) Teaching physical therapy, as further
described in Phy 406.13;
(13) Receipt of infection control education, as
further described in Phy 406.14;
(14) Successful completion of a practice review tool, as further described in Phy 406.15;
(15) Journal
study, as further described in Phy 406.16; and
(16) Clinical mentoring of a physical therapist in
an accredited residency or fellowship program, as further described in Phy 406.20.
Source. #9456, eff 4-17-09; ss by #10061, eff
12-23-11; ss by #10203, eff 10-19-12
Phy 406.02 Receipt of Academic
Instruction in Physical Therapy.
(a) The board shall
recognize as maintenance of continuing competence a licensee's successful
completion of academic course work in physical therapy, provided that:
(1) The course work is not that required for
initial licensure; and
(2) The course work is sponsored and assigned
credit by a college or university.
(b) The board shall
credit the licensee with 15 hours for each credit hour of academic course work
described in (a) above.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.03 Non-Academic
Courses, Seminars, Conferences and Workshops.
(a)
The board shall recognize as maintenance of continuing competence the
successful completion of non-academic courses, seminars, conferences and
workshops on the following topics:
(1) Physical therapy
theory or practice or both; or
(2)
Any conditions
for which physical therapy is often or usually recommended.
(b) For each clock hour of attendance at such
courses, seminars, conferences, and workshops, the board shall credit the
licensee with one hour.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.04 Facility-Based
Physical Therapy In-Service Training.
(a)
The board shall recognize as maintenance of continuing competence a
licensee's participation in, or attendance at, a facility-based physical
therapy training consisting of continuing education lasting less than 2 hours.
(b)
The board shall credit the licensee with one contact hour for each clock
hour of participation or attendance, to a maximum of 8 hours per renewal cycle.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.05 Formal
Mentored Independent Study.
(a)
The board shall recognize formal mentored independent study in physical
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 8 hours per renewal
cycle.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.06 Direct
Supervision of Physical Therapist or Physical Therapist Assistant Students
During Their Clinical Education.
(a)
The board shall recognize as maintenance of continuing competence a
licensee's direct supervision of physical therapist or physical therapist
assistant students during their clinical education when the licensee acts as
the primary clinical instructor.
(b)
The board shall credit the licensee with 2 hours per student for
clinical education supervision. The
clinical education supervision must exceed 48 hours in duration. A maximum of 8 hours per renewal cycle will
be credited.
Source. #9456, eff 4-17-09; ss
by #10203, eff 10-19-12
Phy 406.07 Supervision of Licensees Holding
Conditional Initial Licenses, Conditionally Renewed Licenses, or Conditionally
Reinstated Licenses.
(a)
The board shall recognize as maintenance of continuing competence a
licensee's supervision of a licensee holding a conditional initial license, a
conditionally renewed license or a conditionally reinstated license.
(b)
The board shall credit the licensee with 2 hours per licensee
supervised, to a maximum of 8 hours per renewal cycle.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.08 Publication
of Writing Related to Physical Therapy.
(a)
The board shall recognize as maintenance of continuing competence the
publication of a licensee's writing related to physical therapy, including the
publication of:
(1) A book;
(2) A peer-reviewed or non-peer-reviewed chapter
of a book; or
(3) A peer-reviewed or non-peer-reviewed article.
(b)
The board shall credit the licensee as follows for no more than 2
published writings:
(1) For a book, 12 hours per renewal cycle;
(2) For a peer-reviewed chapter of a book or a
peer-reviewed article, 6 hours per renewal cycle; and
(3) For a non-peer reviewed chapter or article, 4
hours per renewal cycle.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.09 Professional
Presentations Relating to Physical Therapy Made to Other Professionals or the
Public.
(a)
The board shall recognize professional presentations relating to physical
therapy, including workshops, lectures, and in-service trainings made to other
professionals or to the public, as maintenance of continuing competence.
(b)
The board shall credit the licensee with 2 hours for each clock hour of
a presentation, to a maximum of 8 hours per renewal cycle, 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.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.10 Participation
in a Physical Therapy Research Project.
(a)
The board shall recognize participation in a physical therapy research
project as maintenance of continuing competence.
(b)
The board shall credit the licensee with one hour for every 4 clock
hours spent on a research project, to a maximum of 8 hours per renewal cycle.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.11 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 physical therapy organization or government agency related to the
practice of physical therapy.
(b)
The board shall credit the licensee with 2 hours for each board,
committee, or agency served, to a maximum of 4 hours per renewal cycle.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.12 Completion
of Distance Learning Courses.
(a)
The board shall recognize as maintenance of continuing competence a
licensee's completion of courses taken through distance learning, including
self-study courses and self-paced clinical courses, provided that the course
sponsor or provider issues the documentation described in Phy
407.12.
(b)
The board shall credit the licensee with the hours attributed by the
course sponsor or provider.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.13 Teaching
Physical Therapy.
(a)
The board shall recognize as maintenance of continuing competence a
licensee's teaching a college or university course in physical therapy.
(b)
The board shall credit the licensee with 2 hours for each clock hour of
teaching, to a maximum of 8 hours per renewal cycle, provided that:
(1) If the licensee gives substantially the same
course more than once during the renewal
cycle, the board shall credit the licensee for only a single presentation of
the course; and
(2) If the licensee gives a course that includes
a lab component, the board shall credit the licensee for only a single
presentation of the course.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.14 Receipt of Infection Control
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 hours
per renewal cycle.
Source.
#9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.15 Successful
Completion of a Practice Review Tool.
(a)
The board shall recognize as maintenance of continuing competence the
successful completion by a licensee of a practice review tool.
(b) The board shall credit the licensee with a
maximum of 3 hours per renewal cycle for successful completion of a single
practice review tool.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.16 Journal
Study.
(a) The board shall
recognize as maintenance of continuing competence a licensee's study of a
journal article dated within the preceding 5 years, including answering the
questions provided with and related to the article, so long as the article is
related to:
(1) Physical therapy theory or practice or both;
(2) The running of a physical therapy business;
or
(3) Any conditions for which
the services of a physical therapist are often or usually recommended.
(b) The board shall
credit the licensee with a maximum of 4 hours per renewal cycle for studying
such a journal article and successful completion of the related questions.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 406.17 Basic
Life Support Course.
(a)
The board shall recognize as maintenance of continuing competence a
licensee’s successful completion of a basic life support course provided by the
American Red Cross or another nationally recognized provider.
(b)
The board shall credit the licensee with a maximum of 1 hour per renewal
cycle.
Source.
#12088, eff 1-20-17
Phy 406.18 New Hampshire Jurisprudence
Assessment Module.
(a) The board shall
recognize as maintenance of continuing competence a licensee’s successful
completion of the New Hampshire Jurisprudence Assessment Module administered by
the Federation of State Boards of Physical Therapy.
(b) The board shall credit the licensee with a maximum of 2
hours per renewal cycle.
Source. #12088, eff 1-20-17
Phy 406.19 Specialty Certification
Examination.
(a) The board shall recognize as maintenance of
continuing competence the successful completion of a specialty certification
examination sponsored by the APTA or another nationally recognized association
related to physical therapy.
(b) The board shall credit the licensee with 24
hours per renewal cycle for successful completion during the 2 year renewal
cycle of each different specialty certification examination.
Source. #10061, eff 12-23-11; renumbered by #12088
(from Phy 406.17)
Phy 406.20 Residency Program.
(a) The board shall recognize as maintenance of
continuing competence for physical therapists the successful participation in a
clinical residency program credentialed through the American Board of Physical
Therapy Residency and Fellowship Education (ABPTRFE).
(b) The board shall credit the licensee with one
contact hour for each clock hour of participation or attendance which took
place during the 2 year renewal cycle, to a maximum of 24 hours per renewal
cycle.
Source. #10061, eff 12-23-11; renumbered by #12088 (from
Phy 406.18)
Phy 406.21 Fellowship Program.
(a) The board shall recognize as maintenance of
continuing competence for physical therapists the successful participation in a
clinical fellowship program credentialed through the American Board of Physical
Therapy Residency and Fellowship Education (ABPTRFE).
(b) The board shall credit the licensee with one
contact hour for each clock hour of participation or attendance which took
place during the 2 year renewal cycle, to a maximum of 24 hours per renewal
cycle.
Source. #10061, eff 12-23-11; renumbered by #12088
(from Phy 406.19)
Phy 406.22 Clinical
Mentor of a Physical Therapist in an Accredited Residency or Fellowship Program.
(a) The board shall
recognize as maintenance of continuing competence, a licensee’s clinical
mentorship of a physical therapist during that physical therapist’s
participation in a clinical fellowship or residency program, credentialed
through the American Board of Physical Therapy Residency and Fellowship
Education (ABPTRFE), when the licensee acts as the primary clinical mentor.
(b)
The board shall credit the licensee with 2 hours per resident or fellow
for the clinical mentorship. The mentorship must exceed 48 hours in
duration. A maximum of 8 hours per
renewal cycle will be credited.
Source. #10203, eff 10-19-12; renumbered by #12088
(from Phy 406.20)
PART Phy
407 DOCUMENTATION
OF MAINTENANCE OF CONTINUING COMPETENCE
Phy 407.01 Documentation Requirements.
(a) A licensee shall
retain documentation of maintenance of continuing competence as described in Phy 410.03(d).
(b) The renewal applicant shall furnish the copies
of documentation of continuing competence activities set forth in Phy 406.02
through Phy 406.17 only when requested to do
so by the board in connection with an audit.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.02 Receipt of Academic
Instruction in Physical Therapy.
(a)
Documentation of successful completion of academic course work shall be:
(1) A photocopy of an official transcript showing
successful completion of the course, the date of the course, and the credits
earned; and
(2) One of the following descriptions of the
course:
a. The
description of the course copied from the college or university catalogue; or
b. A
photocopy of the course syllabus or outline that includes a description of the
course and the course competencies.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.03 Non-Academic
Courses, Seminars, Conferences, and Workshops. Documentation of successful completion of
non-academic courses, seminars, conferences, and workshops shall be a photocopy
of 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 provider or sponsoring entity;
(d)
The beginning and ending date(s) of the program, course, seminar,
conference, or workshop;
(e)
The number of hours credited by the provider or sponsoring entity or the
brochure showing the scheduled hours; and
(f)
The signature or stamp of the
speaker, the instructor or a representative of the provider or sponsoring
entity.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.04 Facility-Based
Physical Therapy In-Service Training. Documentation of participation in, or attendance at, a facility-based physical therapy
in-service training shall be a photocopy of a memo from the physical therapy
supervisor of the facility stating:
(a)
The licensee's name;
(b)
The name of the facility and the topic of the in-service training;
(c)
The date of the in-service training; and
(d)
The licensee's hours of attendance.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.05 Formal
Mentored Independent Study. Documentation
of formal mentored independent study in physical therapy shall be:
(a)
A photocopy of the signed mentorship agreement; and
(b)
The licensee's signed written statement describing the independent study
showing:
(1) The dates of the study;
(2) The hours spent on the study; and
(3) The focus and outcome of the study.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.06 Direct
Supervision of Physical Therapist or Physical Therapist Assistant Students
During Their Clinical Education.
(a) Documentation of direct supervision of a
physical therapist or physical therapist assistant student during his or her
clinical education shall be a photocopy of a memo complying with (1) through
(4) below:
(1) The name of the licensee;
(2) The fact that the licensee was the student's
primary clinical instructor;
(3) The clinical education student's school; and
(4) The beginning and
ending dates of the licensee's supervision of the student's clinical education
including the total number of hours of supervision.
(b) The memo shall be signed by:
(1) The supervisor of the facility where the
clinical education was supervised;
(2) The clinical coordinator of clinical
education; or
(3) The academic coordinator of clinical education.
Source. #9456, eff 4-17-09; ss
by #10203, eff 10-19-12
Phy 407.07 Supervision of Licensees
Holding Conditional Initial Licenses, Conditionally Renewed Licenses or Conditionally Reinstated Licenses. Documentation
of supervision of a conditional licensee shall be the completed supervision form furnished by the board from
its own files.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.08 Publication
of Writing Related to Physical Therapy. Documentation of the publication of a licensee's
writing related to physical therapy shall be:
(a)
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; and
(b)
A photocopy of:
(1) The cover or the dust jacket of the
licensee's published book; or
(2) The licensee's published chapter or article.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.09 Professional
Presentations Relating to Physical Therapy Made to Other Professionals or the
Public. Documentation
of a professional presentation relating to physical therapy made to other
professionals or to the public shall be:
(a)
A photocopy of the official program of the presentation;
(b)
A photocopy of a written statement signed by a representative of the
program's sponsor including:
(1) The title of the presentation;
(2) The name of the licensee as presenter;
(3) The date of the presentation;
(4) The hours during which the presentation took
place; and
(5) The type of audience attending the
presentation; or
(c)
A photocopy of the program brochure showing the information described in
(b) above.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.10 Participation
in a Physical Therapy Research Project.
Documentation of participation in a physical therapy research project
shall be a photocopy of a statement signed by either the principal investigator
or a representative of the grant sponsor showing:
(a)
The name of the research project;
(b) The beginning and ending dates of the
licensee's participation; and
(c)
The licensee's role in the research project.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.11 Participation
in the Work of Professional Boards, Committees and Agencies.
(a) Documentation of participation in the work of
a professional board, committee, or agency shall be a photocopy of a letter
conforming to (b) below and issued by:
(1) The authority appointing the licensee to the
board, committee, or agency; or
(2) The board, committee, or agency served by the
licensee.
(b)
The letter shall state:
(1) The appointment of the licensee to the board,
committee, or agency; or
(2) The fact of the licensee's participation and
the beginning and ending dates of the licensee's service.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.12 Completion
of Distance Learning Courses.
Documentation of completion of a course through
distance learning shall be:
(a)
A photocopy of an official transcript showing successful completion of
the course, the date of the course and the credits earned; or
(b)
A photocopy of the official certificate of completion issued to the
licensee by the course sponsor or provider showing:
(1) The licensee’s name;
(2) The name of the course;
(3) The name of the provider or sponsor;
(4) The beginning and ending date(s) of the
course, if applicable;
(5) The number of contact hours credited by the
provider or sponsor; and
(6) The signature or
stamp of the instructor or a representative of the provider or sponsor.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.13 Teaching
Physical Therapy. Documentation of
physical therapy teaching shall be:
(a)
A list of courses taught; and
(b) A photocopy of a letter of confirmation
signed by an official of the institution sponsoring the courses.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.14 Receipt
of Infection Control Education. Documentation of a licensee's receipt of
infection control education shall be a photocopy of:
(a)
A photocopy of a certificate showing:
(1) The title or subject matter of the education;
and
(2) The receipt of the education by the licensee;
or
(b)
A statement signed by the supervisor of the facility where the course
took place providing the information described in (a) above.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.15 Successful
Completion of a Practice Review Tool.
Documentation of a licensee's successful completion of a practice review
tool shall be a photocopy of a feedback report of "sufficiently
qualified" on the practice review tool.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.16 Journal
Study. Documentation of journal study shall be a photocopy
of a certificate of completion showing:
(a) The name of the
licensee;
(b) The title and
date of the journal article;
(c) The name of the
publisher or provider of the journal article and the related questions; and
(d) The date of the licensee's
completion of the journal study, including answering the questions related to
the article.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 407.17 Basic
Life Support Course. Documentation
of successful completion of a basic life support course shall be a copy of:
(a)
The certification card showing that the licensee has taken and passed
the course; or
(b)
A certificate of course completion signed and dated by the course
provided.
Source. #12088, eff 1-20-17
Phy 407.18 New Hampshire Jurisprudence
Assessment Module. Documentation of
passing the Jurisprudence Assessment Module shall be a copy of the score report
sent electronically from the Federation of State Boards of Physical Therapy
directly to the board.
Source. #12088, eff 1-20-17
Phy 407.19 Successful Completion of a
Specialty Certification Examination.
Documentation of a licensee's successful completion of a specialty
examination shall be a photocopy of the specialty certification or letter from
the certifying agency stating successful completion of the specialty
certification examination.
Source. #10061, eff 12-23-11; renumbered by #12088
(from Phy 407.17)
Phy 407.20 Clinical Residence Program. Documentation of a licensee's participation
in a clinical residency program shall be:
(a) A photocopy of a certificate of completion or
a letter from the host institution stating successful completion of the
clinical residency; or
(b) A letter from the host institution stating
the number of hours completed to date in the clinical residency program.
Source. #10061, eff 12-23-11; renumbered by #12088
(from Phy 407.18)
Phy 407.21 Clinical Fellowship Program. Documentation of a licensee's participation
in a clinical fellowship program shall be:
(a) A photocopy of a certificate of completion or
a letter from the host institution stating successful completion of the
clinical fellowship; or
(b) A letter from the host institution stating
the number of hours completed to date in the clinical fellowship program.
Source. #10061, eff 12-23-11; renumbered by #12088
(from Phy 407.19)
Phy 407.22 Clinical
Mentor of a Physical Therapist in an Accredited Residency or Fellowship Program.
(a) Documentation of clinical mentorship of a
physical therapist during his or her residency or fellowship program shall be a
photocopy of documentation containing information described in (1) through (6)
below:
(1) The name of the mentor;
(2) The fact that the licensee was the resident
or fellow’s primary mentor;
(3) The name of the accredited residency or
fellowship program;
(4) The physical address of the accredited
residency or fellowship program;
(5) The beginning and ending dates of the
licensee's mentorship of the resident or fellow; and
(6) The total number of hours the licensee
mentored the resident or fellow.
(b) The documentation shall be signed by:
(1) The supervisor of the facility where the
residency or fellowship was supervised; or
(2) The clinical coordinator of clinical
education.
Source. #10203, eff 10-19-12; renumbered by #12088
(from Phy 407.20)
PART
Phy 408 CONDITIONAL RENEWAL OF LICENSURE
Phy 408.01 The
Nature of Conditionally Renewed Licenses. Conditionally renewed licenses shall:
(a) Remain valid for no more than 26 weeks unless
their validity is extended pursuant to Phy 408.08 or Phy 408.09; and
(b)
Limit the practice of a physical therapist or physical therapist
assistant to the supervised practice described in Phy
408.04.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.02 Issuance
of Fully Renewed Licenses to Conditionally Renewed Licensees. The Board shall issue fully renewed licenses
to physical therapists and physical therapist assistants holding conditionally
renewed licenses when they have:
(a) Completed the
supervised practice described in Phy 408.04; and
(b) Established
readiness to practice under fully renewed licensure through the submission to
the board of the supervisory approval letter described in Phy
408.07.
Source. #9456, eff 4-17-09; ss
by #12088, 1-20-17
Phy 408.03 Supervisors.
(a)
The practice of a licensee holding a conditionally reinstated license
shall be supervised by at least one physical therapist currently licensed in
New Hampshire who:
(1) Has been practicing clinically for a period
of at least one year;
(2) Is a non-probationary employee not under
disciplinary investigation or pending disciplinary charges and has not had
disciplinary action taken against him or her in any state within the past 5
years;
(3) Is located in the facility where supervision
is to take place; and
(4) Is not related in any of the following ways
to the conditionally reinstated 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.
(b) A physical therapist supervising a
conditionally reinstated licensee shall share supervisory duties only with a
physical therapist meeting the standards in (a) above.
(c) A physical
therapist supervising a conditionally reinstated licensee shall delegate
supervisory duties only:
(1) To a physical therapist currently licensed in
New Hampshire or a physical therapist assistant currently licensed in New
Hampshire who meets the standards in (a)(1) through (a)(3) above;
(2) When the physical therapist believes based on
knowledge about the delegate that the delegate is competent to carry out the
duties being delegated; and
(3) When the proposed delegate voluntarily
accepts the duties.
(d) If, as a result
of the sharing or the delegation of supervisory duties, there is more than one
individual supervising a conditionally reinstated licensee at any one time:
(1) A single physical therapist shall bear
responsibility for compliance with Phy 408; and
(2) Complete and sign the supervision form
described in Phy 408.05.
(e) If, as a result
of the sharing or the delegation of supervisory duties, there was more than one
individual supervising a conditionally reinstated licensee during the
licensee's period of supervision, the physical therapist most recently
supervising the conditionally reinstated licensee shall sign the supervisory
approval letter described in Phy 408.07.
Source. #9456, eff 4-17-09; ss
by #10402, eff 8-23-13
Phy 408.04 Supervised Practice. Licensees holding conditionally renewed
licenses shall practice under the levels of supervision set forth in (a) below
and for the periods of time set forth in (c) below.
(a) The levels of supervision shall be:
(1) For those
who have not been active in the profession for 4 to 6 years:
a.
Direct personal supervision, as defined in Phy 401.04, for at least 50% of the hours worked each week;
b. Direct supervision, as defined in Phy 401.09, for
at least 40% of the hours worked each week; and
c. General supervision, as
defined in Phy 401.07, for no more than 10% of the
hours worked each week; and
(2) For those
who have not been active in the profession for more than 6 years:
a.
Direct personal supervision, as defined in Phy 401.04, for at least 70% of the hours worked each week;
b. Direct supervision, as defined in Phy
401.05, for at least 20% of the hours worked each week; and
c. General supervision, as defined in Phy 401.12, for no more than 10% of the hours worked each
week.
(b) If a physical
therapist delegates to a physical therapist assistant the direct supervision
called for by (1)b. and (2)b. above, there shall be direct contact between a
physical therapist and a client of the conditionally reinstated licensee once
during each 24-hour period in which the client is served by the conditionally
reinstated licensee; and
(c) The periods of time for which practice by
licensees under conditional renewal shall be supervised are:
(1) At least 12
weeks if the conditional licensee works 32 hours each week; and
(2) At least 24
weeks if the conditional licensee works fewer than 32 hours each week.
Source. #9456, eff 4-17-09; ss
by #10402, eff 8-23-13; ss by #10836, eff 5-23-15
Phy 408.05 Supervision Form.
(a) The supervision
form shall:
(1) Be the “Supervision Form” dated March 25, 2015;
(2) Be provided by the board
and available on the boards web site, www.nh.gov/alliedhealth;
(3) Be completed legibly in ink or using a
keyboard; and
(4) Be signed and dated below the following
preprinted statement which asserts:
"By signing this form I
state that I have read and understood the applicable rules of supervision or
order of the Board for supervision, agree to undertake the duties of
supervision set forth in the rules or order of the Board, agree to be
responsible for the acts and omissions of any person to whom I delegate the
duties of supervision, and acknowledge that my own or my delegate's failure to
comply with the rules or order of the Board might result in disciplinary
sanctions.”
(b) The signature
required by (a)(4) above shall constitute the
signer's:
(1) Assertion that the signer has read and
understood the rules or order of the board governing the supervision;
(2) Agreement to undertake the duties of
supervision;
(3) Agreement to take responsibility for the acts
and omissions of any individual to whom the signer delegates the duties of
supervision; and
(4) Statement of understanding that the failure
of the signer or the signer's delegate to follow the rules or order of the
Board governing the supervision has the potential to subject the signer to
disciplinary sanctions.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.06 Administrative and Ethical
Obligations of Licensees Holding Conditionally Renewed Licenses.
(a) The
administrative obligations of licensees holding conditionally renewed licenses
shall be as follows:
(1) Before the beginning of supervision by the
individual who will provide some or all of the weeks of supervision, licensees
holding conditionally renewed licenses shall:
a. Give to these individuals a copy of Phy 408 and the supervision form described in Phy 408.05;
b. Discuss the required supervision with them; and
c. Submit the completed supervision form described in Phy 408.05 to the board; and
(2) When the supervisor is replace by another
individual, licensees holding conditionally renewed licenses shall:
a. Notify the board of that fact; and
b. Take the actions required by (1) above.
(b) The ethical
standards to be met by licensees holding conditionally renewed licenses shall
be those set forth in Phy 500.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.07 Supervisory Approval Letter.
(a) For a physical
therapist holding a conditionally renewed license, the letter indicating
supervisory approval shall:
(1) Be dated and signed by the individual who is
the physical therapist's most recent supervisor;
(2) Be based on the determinations by the
supervisor required by Phy 408.11; and
(3) State the opinion of the supervisor that the
physical therapist is ready to practice under full licensure because the
supervisor has determined that she or he has the following requisite skills
detailed in Phy 408.11:
a. Evaluation skills;
b. Treatment skills;
c. Management skills; and
d. Professional interaction skills.
(b) For a physical
therapist assistant holding a conditionally renewed license, the letter
indicating supervisory approval shall:
(1) Be dated and signed by the individual who is
the physical therapist assistant's most recent supervisor;
(2) Be based on the determinations by the
supervisor required by Phy 408.12; and
(3) State the opinion of the supervisor that the
physical therapist assistant is ready to practice under full licensure because
the supervisor has determined that the physical therapist assistant has the
following requisite skills detailed in Phy 408.12:
a. Assessment skills;
b. Treatment skills;
c. Management skills; and
d. Professional interaction skills.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.08 Extension of Conditionally Renewed License When Supervised Practice
is Incomplete or Supervisory Approval Letter is Unavailable. The board shall
extend a conditionally renewed license for an additional period of no more than
26 weeks when:
(a)
The conditionally renewed license is still valid;
(b)
The licensee holding the conditionally renewed license:
(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 he or she is not ready to
practice under full licensure; and
(c) The holder of the conditionally renewed
license submits to the board a written request for the extension explaining the
details of one of the reasons in (b) above.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.09 Extension
of a Conditionally Renewed License in Accordance with Supervisor’s Request.
The board shall extend the period of validity of a
conditionally renewed license for the period of time, not to exceed 6 weeks,
specified by the supervisor:
(1) During the period of validity of the
conditionally renewed license; and
(2) When the holder of the conditionally renewed
license submits the supervisor’s signed statement of opinion that he or she
will become ready to practice under full licensure if the conditionally renewed
license is extended for a specified period of time, not to exceed 6 weeks.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.10 Expiration, Denial and
Suspension of Conditionally Renewed
Licenses.
(a) A conditionally
renewed license shall expire upon the first of the following events:
(1) The date of its expiration; or
(2) The board's approval or denial of full
renewal licensure.
(b) The physical
therapist or physical therapist assistant holding the conditionally renewed
license shall have the right to challenge the board’s denial of full renewal licensure
through an adjudicative hearing.
(c) The board shall
suspend a conditionally renewed license under the following circumstances:
(1) Practice by the physical therapist or
physical therapist assistant holding the conditionally renewed license without
the required supervision;
(2) His or her termination from employment for
cause; or
(3) His or her termination from employment for incompetence during
a probationary period.
(d) The board shall
suspend a conditionally renewed license pursuant to (c) above only after:
(1) Giving the holder of the conditionally
renewed license notice containing:
a. A statement of the board’s intention to suspend the
conditionally renewed license;
b. The grounds for the intended suspension;
c. The date of the intended suspension; and
d. A statement that the holder of the conditionally
renewed license has the right to request an adjudicative hearing to challenge
the intended suspension; and
(2) Providing the holder of the conditionally
renewed license the opportunity to challenge the intended suspension at an
adjudicative hearing.
(e) The board shall
suspend a conditionally renewed license on an emergency basis in the
circumstances, and according to the procedures, set forth in RSA 541-A:30, III.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.11 Skills To Be Determined for
Physical Therapists Holding Conditionally Renewed Licenses. The supervisor of a physical therapist
holding a conditionally renewed license shall, in the course of supervision,
determine whether and to what extent the physical therapist 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, based on the screening,
the client's appropriateness for physical therapy or 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. Observing 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,
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 the policies
and procedures established by 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 referral(s) based on the
expertise and effectiveness of provider(s);
c. Advocating for appropriate patient
services and resources; and
d. Assisting patients in accessing
resources; and
(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
(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
holder of the conditionally renewed license;
(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, creed, color, gender, 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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 408.12 Skills To Be Determined for
Physical Therapist Assistants Holding Conditionally Renewed Licenses. The supervisor of a physical therapist
assistant holding a conditionally renewed license shall, in the course of
supervision, determine whether and to what extent the physical therapist
assistant has the following skills:
(a) Collaboration
and communication with the supervisor;
(b) Assessment
skills, including:
(1) Performing regular re-assessments of the
client's status;
(2) Performing regular assessments of the
effectiveness of the client's treatment; and
(3) Assessing changes in the client's status;
(c) 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 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
and assessment 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;
(d) 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 policies and procedures established by
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 referral(s) based on the expertise and effectiveness of
provider(s);
c. Advocating for appropriate patient
services and resources; and
d. Assisting patients in accessing
resources; and
(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
(e) 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
physical therapist assistant;
(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, creed, color, gender, 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. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
PART Phy
409 ROLES OF
PHYSICAL THERAPISTS, PHYSICAL THERAPIST ASSISTANTS AND PHYSICAL THERAPY AIDES
Phy 409.01 Role of Physical Therapists.
(a) A physical
therapist shall be responsible for managing all aspects of the physical therapy
care of a client, including:
(1) Oversight of documentation of services given
to the client;
(2) Being aware of fees charged and any client
reimbursement systems; and
(3) The services in (b) below.
(b) The physical therapist shall:
(1) Provide the initial examination of the
client;
(2) Provide the initial evaluation of the client,
including a written identification of the client's:
a. Precautions;
b. Special problems;
c. Contraindications;
d. Anticipated progress; and
e. A plan for re-evaluation at least every 60 days;
(3) Develop a plan of care for the client,
including initial short and long term goals;
(4) Select and delegate to the physical therapist
assistant interventions and tasks appropriate to the plan of care;
(5) Assess the physical
therapist assistant's supervision needs when delegating interventions and
tasks;
(6) Make a written or
electronic record of his or her services;
(7) Re-evaluate and update the plan of care and
goals:
a. In accordance with the plan for re-evaluation;
b. When unexpected changes occur in the patient's
condition;
c. At the request of the physical therapist assistant; or
d. As required by a third party payer;
(8) Attest to his or her supervision of the
physical therapist assistant by co-signing during each client re-evaluation the
physical therapist assistant’s client care progress notes, or, if the progress
notes are electronic, stating on the electronic
record that he or she has reviewed and approved such progress notes;
(9) Write the client's discharge summary and
plan;
(10) Establish the patient's follow up plan of
care to include the client's status at discharge, including the client's
response to treatment; and
(11) Sign all documents written by, or transcribed
on behalf of, the physical therapist and place his or her title after the
signature.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 409.02 Role of Physical Therapist
Assistants. A physical therapist
assistant shall be responsible for:
(a) Interventions
and tasks appropriate to the plan of care when they have been delegated to him
or her by a physical therapist;
(b) Making a written
or electronic record of his or her services;
(c) Providing
information to a physical therapist about a client's health status;
(d) Providing
discharge information when requested to do so by a physical therapist; and
(e) Preparing
billings when requested to do so by a physical therapist or the physical
therapist assistant's employer.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 409.03 Supervision of a Physical
Therapist Student or Physical Therapist Assistant Student.
(a) The supervising
physical therapist or physical therapist assistant shall be the individual
responsible for the client’s treatment on the day the physical therapist
student or physical therapist assistant student provides treatment.
(b) The supervising
physical therapist or physical therapist assistant may allow a physical
therapist student or physical therapist assistant student to provide treatment
consistent with the individual student’s education, experience, and skills.
(c) The supervising
physical therapist or physical therapist assistant shall provide direct
supervision of a physical therapist student or physical therapist assistant
student at all times when the student is providing treatment to a client.
(d) The supervising
physical therapist or physical therapist assistant shall authenticate the
signed documentation of a student on the same day the treatment is provided.
(e) A physical
therapist student shall be supervised by a New Hampshire licensed physical
therapist.
(f) A physical
therapist assistant student shall be supervised by either a New Hampshire
licensed physical therapist or physical therapist assistant.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 409.04 Supervision of Physical
Therapist Assistants and Other Support Personnel.
(a) A client's
treatment by a physical therapist assistant shall be supervised, at least at
the level of general supervision, by a physical therapist currently licensed in
New Hampshire.
(b) A physical therapist
shall supervise concurrently no greater number of physical therapist assistants
and other support personnel than the physical therapist is able to supervise
competently while performing the physical therapist's:
(1) Responsibilities as set forth in Phy 409.01;
(2) Duties assigned by the physical therapist's
employer; and
(3) Ethical obligations as set forth in Phy 500.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 409.05 Assignment of Routine Tasks
to Physical Therapy Aides.
(a) If assigning
tasks to a physical therapy aide, a physical therapist or physical therapist
assistant shall assign only tasks which are routine in the following way:
(1) The
tasks support client care but do not constitute physical therapy because they do
not require the skills of a
physical therapist or a physical therapist assistant;
(2) The anticipated outcomes of the tasks are
predictable;
(3) The client and the client's environment are
sufficiently stable that judgment, interpretations and adaptations by the aide
will not be required;
(4) The client has previously demonstrated the
ability to perform the client's part of the tasks, if any; and
(5) The physical therapist or physical therapist
assistant has taught the aide the tasks or is satisfied on the basis of a
demonstration that the aide is competent to perform the tasks.
(b) When assigning
such routine tasks to an aide the physical therapist or physical therapist
assistant shall ensure that the aide:
(1) Is trained and able
to demonstrate competence in carrying out the tasks and in using any equipment
which may be required;
(2) Receives direct personal supervision by a
physical therapist or physical therapist assistant when the aide is performing
client care;
(3) Has been instructed in how to carry out the
tasks with the particular client involved; and
(4) Knows the precautions, signs and symptoms for
that particular client which would indicate the need to seek assistance from
the physical therapist.
Source. #12088, eff 1-20-17
PART Phy 410 ONGOING REQUIREMENTS
Phy 410.01 Medications. In accordance with RSA 328-A:9, VI, physical therapists shall:
(a) Have the
authority to purchase and administer topical and aerosol medications on the
prescription of a New Hampshire health care practitioner legally authorized to
prescribe medications; and
(b) Shall comply
with respect to the storage of such medications with the rules of the New
Hampshire board of pharmacy.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 410.02 Required Referral.
(a) Pursuant to RSA
328-A:9, II, a physical therapist shall refer a client
to one of the practitioners listed in (b) below when:
(1) The client requires services outside the
practice of physical therapy as defined in RSA 328-A:2,
XI.;
(2) Physical therapy is contraindicated; or
(3) The client has shown no documented
improvement within 25 calendar days of the initiation of treatment.
(b) Practitioners to
be referred to shall be:
(1) A person licensed to practice:
a. Medicine;
b. Dentistry;
c. Chiropractic;
d. Podiatry; or
e. Naturopathic medicine; or
(2) A person licensed as a physician assistant or
advanced registered nurse practitioner.
(c) The referring
physical therapist shall note the referral in the client's medical record.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
Phy 410.03 Administrative Obligations
of Licensees.
(a) In accordance
with RSA 328-F:21, licensees shall:
(1) Maintain their current business and home
addresses on file with the board's office;
(2) Notify the board's office of any change in
address no later than 30 days from the date of the change; and
(3) Notify the board's office if a license or
other proof of licensure is lost or stolen.
(b) Licensees shall:
(1) Report to the board:
a. Any criminal conviction of another licensee which is
based on a finding that the licensee has violated RSA 328-A; or
b. Any determination by a regulatory agency that another
licensee has violated RSA 328-A; and
(2) Incur no liability for such a report.
(c) In accordance
with RSA 328-A:15, IX, each licensee shall display at
his or her place of practice in a location accessible to the public:
(1) A copy of his or her license;
(2) A copy of his or her verification of current
license renewal; or
(3) A notce stating
where his or her licensure information is available.
(d)
Licensees
shall retain documentation of their continuing professional education and
professional activities for at least 3 years.
Source. #9456, eff 4-17-09; ss by #10061, eff
12-23-11
Phy 410.04 Obligation to Report to
Clients.
(a) In accordance
with RSA 328-A:15, V, a physical therapist shall
inform each client that the client has freedom of choice in services and
products.
(b) In accordance
with RSA 328-A:15, III, a physical therapist shall, before the physical
therapist's initial evaluation, disclose in writing to the client that the
practitioner who referred the client to the physical therapist is deriving
direct or indirect compensation from the referral.
(c) In accordance
with RSA 328-A:15, IV, a physical therapist shall, at the time of endorsement
or recommendation, disclose in writing to the client any financial interest the
physical therapist has in a product he or she endorses or recommends to the
client.
Source. #9456, eff 4-17-09; ss
by #12088, eff 1-20-17
APPENDIX
Rule |
Statute |
Phy 401.01 – Phy 401.18 |
RSA 541-A:7 |
Phy
402.01 |
RSA 328-F:11, I(f) |
Phy
402.02 |
RSA 328-F:11, I(b) |
Phy 402.03 |
RSA 328-F:19, II; RSA
328-F:11, I(g) |
Phy
402.04 |
RSA 328-F:11, I(f) |
Phy 402.05 |
RSA 541-A:7 |
Phy
402.06 |
RSA 328-F:19, II; RSA 328-F:11, I(g) |
Phy
402.07 |
RSA 541-A:16, I(b) |
Phy 402.08 |
RSA 328-F:11, I(b) |
Phy
402.09 |
RSA 328-F:11, I(b) |
Phy
402.10 |
RSA 328-A:3, II; RSA 328-A:15-a |
Phy 402.11 |
RSA 328-F;11, I(b) |
Phy 402.12 |
RSA 328-A:3, II; RSA
328-A:15-a |
Phy 402.13 |
RSA 328-A:3, II; RSA
328-A:15-a |
Phy
403.01 |
RSA 328-F:11, I(e) |
Phy
403.01(a)(1) and (2) |
RSA 541-A:16, I(b) |
Phy
403.01(a)(3) |
RSA 328-F:20 |
Phy 403.01(b) |
RSA 541-A:16, I(b) |
Phy 403.02 |
RSA 328-F:18, I(b) |
Phy
403.02(a) |
RSA 541-A:16, I(b) |
Phy
403.02(b)(1) |
RSA 328-F:20, III |
Phy
403.02(b)(2) |
RSA 328-F:20, I |
Phy
403.02(b)(3) |
RSA 328-F:20, IV |
Phy 403.03(a) |
RSA 541-A:16, I(b) |
Phy 403.03(b) & (c) |
RSA 328-F:30, IV |
Phy 403.04 |
RSA 328-F:11, I(b) |
Phy 403.04(a) |
RSA 328-F:20, III |
Phy 403.04(b) |
RSA 328-F:20, I |
Phy 403.04(c) |
RSA 328-F:20, IV |
Phy 403.05 |
RSA 328-F:11, I(e) |
Phy
403.05(a) through (c) |
RSA 328-F:20, II |
Phy
403.05(d) |
RSA 328-F:20, IV |
Phy
403.05(e) |
RSA 328-F:20, III |
Phy 403.06 |
RSA 328-F:11, I(c) |
Phy
403.06(a)(1) and (2) |
RSA 328-F:18, III.; RSA 328-F:20, II |
Phy
403.06(a)(3) |
RSA 328-F:20, IV |
Phy
403.06(a)(4) |
RSA 328-F:20, III |
Phy
403.06(b) and (c) |
RSA 328-F:18, III; RSA 541-A:16, I(b) |
Phy 403.07 |
RSA 541-A:16, I(b); RSA 328-F:20,
III |
Phy 403.08 |
RSA 541-A:16, I(b) |
Phy
403.09 |
RSA 541-A:16, I.(b); RSA 328-F:20, III |
Phy
403.08 |
RSA 328-F:11, I(b) |
Phy 404 |
RSA 541-A:16, I.(b); RSA 328-F:18, III |
Phy
404.02 |
RSA 328-F:11, I(e) |
Phy
404.03 |
RSA 328-F:11, I(c) |
Phy 404.04 – Phy 404.06 |
RSA 541-A:16, I(b); RSA
328-F:18, III |
Phy
404.07 |
RSA 328-F:11, I(c) |
Phy 404.08 – Phy 404.12 |
RSA 541-A:16, I(b); RSA
328-F:18, III |
Phy 405.01 |
RSA 328-F:23, II |
Phy 405.02(a) |
RSA 328-F:23, IV, (a)
through (f) |
Phy 405.02(b) |
RSA 328-F:23, IV (g) |
Phy 405.02(c) |
RSA 328-F:23, V |
Phy 405.03 – Phy 405.05 |
RSA 541-A:16, I(b) |
Phy 405.06 |
RSA 328-F:27, IV and V |
Phy 405.07 |
RSA 328-A:14 |
Phy 406 |
RSA 328-A:15-a, I(b) and II(b) |
Phy
406.01 & Phy 406.06 |
RSA 328-F:11, I(b) (d), and (e) |
Phy 406.07 – Phy 406.18 |
RSA 328-A:15-a, I(b) and
II(b) |
Phy
406.19 through Phy 406.20 |
RSA 328-F:11, I(b), (d), and (e) |
Phy 407 |
RSA 541-A:16, I(b) |
Phy 407.02 – Phy 407.18 |
Phy 407.02 – Phy 407.18 |
Phy 408 |
RSA 328-A:3, II; RSA 541-A:16, I(b) |
Phy
408.03 |
RSA 328-F:11, I(c) |
Phy
408.04 |
RSA 328-F:11, I(c) |
Phy 408.05 – Phy 408.12 |
RSA 328-A:3, II; RSA
541-A:16, I(b) |
Phy 409.01 |
RSA 328-F:11, II(a) |
Phy 409.02 and Phy 409.03 |
RSA 328-A:9, VI; RSA
328-A:4, V; RSA 328-F:11, II(a) |
Phy 409.04 |
RSA 328-A:4, VI |
Phy 409.05 |
RSA 328-A:4, IV |
Phy 410.01 |
RSA 328-A:4, IV |
Phy 410.02 |
RSA 328-A:4, IV |
Phy
410.03 |
RSA 328-F:11, I(b) |
Phy 410.03(a) |
RSA 328-F:21 |
Phy 410.03(b) |
RSA 328-A:13, I and II |
Phy
410.03(c) |
RSA 328-A:15, IX |
Phy 410.04 |
RSA 328-A:4, IV |
Phy
410.04(a) |
RSA 328-A:15, V |
Phy
410.04(b) |
RSA 328-A:15, III |
Phy
410.04(c) |
RSA 328-A:15, IV |