TITLE XXX
OCCUPATIONS AND PROFESSIONS
Chapter 328-A
PHYSICAL THERAPY PRACTICE ACT
Section 328-A:1
328-A:1 Legislative Intent. –
This chapter is enacted for the purpose of protecting the public health, safety, and welfare, and of providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy. It is the legislature's intent that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by this chapter. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.
Source. 2002, 237:1, eff. July 1, 2002.
Section 328-A:2
328-A:2 Definitions. –
In this chapter and RSA 328-F:
I. "Board" means the physical therapy governing board established in RSA 328-F.
II. "Consultation bymeans of telecommunication" means that a physical therapist renders professional or expert opinion or advice to another physical therapist or health care provider via telecommunications or computer technology from a distant location. It includes the transfer of data or exchange of educational or related information by means of audio, video, or data communications.
III. "Direct personal supervision" means that the physical therapist or the physical therapist assistant is physically present and immediately available to direct and supervise tasks that are related to patient/client management. The direction and supervision is continuous throughout the time these tasks are performed. Telecommunications does not meet the requirement of direct personal supervision.
IV. "Direct supervision" means that the physical therapist is physically present and immediately available for direction and supervision. The physical therapist will have direct contact with the patient/client during each visit that is defined as all encounters with a patient/client in a 24-hour period. Telecommunications does not meet the requirement of direct supervision.
V. "General supervision" means that the physical therapist is not required to be on-site for direction and supervision, but must be available at least by telecommunications.
VI. "Jurisdiction of the United States" means any state, territory or the District of Columbia that licenses physical therapists.
VII. "Physical therapist" or "physiotherapist" means a person who is licensed pursuant to this chapter to practice physical therapy in this state.
VIII. "Physical therapist assistant" means a person who meets the requirements of this chapter for licensure and who assists the physical therapist in selected components of physical therapy intervention.
IX. "Physical therapy" or "physiotherapy" means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.
X. "Physical therapy aide" means a support person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy.
XI. "Practice of physical therapy" or "practice of physiotherapy" means:
(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.
XII. "Restricted license" means a license on which the board places restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client to whom the licensee may provide services.
XIII. "Testing" means standardized methods and techniques used to gather data about the patient, including electrodiagnostic and electrophysiologic tests and measures.
XIV. "Animal physical therapist" means a person who is licensed to practice physical therapy in New Hampshire pursuant to this chapter and has obtained a certification to practice animal physical therapy.
XV. "Animal physical therapy" means the practice of physical therapy on animals.
Source. 2002, 237:1. 2003, 310:5. 2009, 311:1, eff. Jan. 1, 2010.
Section 328-A:3
328-A:3 Powers and Duties of the Board. –
The board shall:
I. Provide for the examinations for physical therapists and physical therapist assistants and adopt passing scores for these examinations.
II. Regulate the practice of physical therapy by interpreting and enforcing this chapter.
III. Elect officers from its members necessary for the operations and obligations of the board. Terms of office shall be one year.
Source. 2002, 237:1. 2003, 310:6-8, 65, I, eff. July 1, 2003. 2021, 197:24, 25, I, eff. July 1, 2021. 2023, 79:319, eff. Sept. 1, 2023.
Section 328-A:4
328-A:4 Rulemaking. –
The board shall adopt rules pursuant to RSA 541-A:
I. Establishing standards for approving entities which evaluate credentials of foreign-educated applicants for licensure.
II. Establishing standards for approving professional physical therapy education programs and for approving national accreditation organizations that accredit professional physical therapy education programs.
III. Specifying the examinations and passing scores required as part of the eligibility requirements for licensure or the standards which such examinations and examination scores are required to meet.
IV. Establishing the standards for board approval of an applicant's plan for additional clinical training or course work or both under the circumstances of an applicant's request to retake the examination more than 3 times.
V. Specifying the selected components of physical therapy intervention in which licensed physical therapists may assist.
VI. Specifying the use of assistive personnel and their supervision by licensed physical therapists.
VII. [Repealed.]
VIII. Regarding the establishment, criteria, and renewal of, and disciplinary proceedings for certified animal physical therapists under RSA 328-A:15-b.
IX. Regarding implementation and coordination of the physical therapy licensure compact adopted in RSA 328-A:5-a.
Source. 2002, 237:1. 2003, 310:9. 2009, 311:3. 2012, 171:26, XIV, eff. Aug. 10, 2012. 2017, 189:1, eff. July 1, 2017. 2023, 79:320, eff. Sept. 1, 2023.
Section 328-A:5
328-A:5 Eligibility for Licensure. –
I. An applicant for a license as a physical therapist who has been educated in the United States shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Be a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization.
(d) Have successfully passed the national examination approved by the board.
(e) Have maintained continuing competency in physical therapy for a period of one year prior to filing.
II. An applicant for a license as a physical therapist who has been educated outside of the United States shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Have completed a professional physical therapy education program sponsored by an institution recognized by the ministry of education of the country of the institution's location and determined by either The Foreign Credentialing Commission on Physical Therapy or another board-approved entity performing credentials evaluations to be substantially equivalent to a program approved by the board for applicants educated in the United States.
(d)-(f) [Repealed.]
(g) Have passed the board-approved English proficiency examinations if the applicant's native language is not English.
(h) Have successfully passed the national examination approved by the board.
(i) Have maintained continuing competency in physical therapy for a period of one year prior to filing.
III. Notwithstanding the provisions of paragraph II, if the foreign-educated applicant is a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization or is a graduate of a professional physical therapy education program approved by the board, the board shall waive the requirements of paragraph II(c).
IV. An applicant for a license as a physical therapist assistant shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Be a graduate of a physical therapist assistant education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved organization.
(d) Have successfully passed the national examination approved by the board.
(e) Have maintained continuing competency in physical therapy for a period of one year prior to filing.
Source. 2002, 237:1. 2003, 310:10-19, 65, II-V, eff. July 1, 2003.
Section 328-A:5-a
328-A:5-a Physical Therapy Licensure Compact. –
The physical therapy licensure compact is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:
I. The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(a) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.
(b) Enhance the states' ability to protect the public's health and safety.
(c) Encourage the cooperation of member states in regulating multistate physical therapy practice.
(d) Support spouses of relocating military members.
(e) Enhance the exchange of licensure, investigative, and disciplinary information between member states.
(f) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
II. Definitions. In this compact:
(a) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. sections 1209 and 1211.
(b) "Adverse action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
(c) "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
(d) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
(e) "Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
(f) "Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
(g) "Encumbered license" means a license that a physical therapy licensing board has limited in any way.
(h) "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(i) "Home state" means the member state that is the licensee's primary state of residence.
(j) "Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
(k) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
(l) "Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
(m) "Member state" means a state that has enacted the compact.
(n) "Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
(o) "Physical therapist" means an individual who is licensed by a state to practice physical therapy.
(p) "Physical therapist assistant" means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
(q) "Physical therapy," "physical therapy practice," and "thepractice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
(r) "Physical therapy compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
(s) "Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
(t) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
(u) "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.
(v) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
III. State Participation in the Compact.
(a) To participate in the compact, a state must:
(1) Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;
(2) Have a mechanism in place for receiving and investigating complaints about licensees;
(3) Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(4) Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subparagraph (b);
(5) Comply with the rules of the commission;
(6) Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(7) Have continuing competence requirements as a condition for license renewal.
(b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. section 534 and 42 U.S.C. section 14616.
(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(d) Member states may charge a fee for granting a compact privilege.
IV. Compact Privilege.
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Hold a license in the home state;
(2) Have no encumbrance on any state license;
(3) Be eligible for a compact privilege in any member state in accordance with subparagraphs (d), (g), and (h);
(4) Have not had any adverse action against any license or compact privilege within the previous 2 years;
(5) Notify the commission that the licensee is seeking the compact privilege within a remote state;
(6) Pay any applicable fees, including any state fee, for the compact privilege;
(7) Meet any jurisprudence requirements established by the remote states in which the licensee is seeking a compact privilege; and
(8) Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subparagraph (a) to maintain the compact privilege in the remote state.
(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered; and
(2) Two years have elapsed from the date of the adverse action.
(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subparagraph (a) to obtain a compact privilege in any remote state.
(g) If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
(1) The specific period of time for which the compact privilege was removed has ended;
(2) All fines have been paid; and
(3) Two years have elapsed from the date of the adverse action.
(h) Once the requirements of subparagraph (g) have been met, the license must meet the requirements in subparagraph (a) to obtain a compact privilege in a remote state.
V. Active Duty Military Personnel or Their Spouses. A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
(a) Home of record;
(b) Permanent change of station (PCS); or
(c) State of current residence if it is different than the PCS state or home of record.
VI. Adverse Actions.
(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.
(b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
(c) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
(e) A remote state shall have the authority to:
(1) Take adverse actions as set forth in subparagraph IV(d) against a licensee's compact privilege in the state;
(2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and
(3) If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(f) Joint Investigations.
(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
VII. Establishment of the Physical Therapy Compact Commission.
(a) The compact member states hereby create and establish a joint public agency known as the physical therapy compact commission:
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting, and Meetings. Each member state shall have and be limited to one delegate selected by that member state's licensing board. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. The member state board shall fill any vacancy occurring in the commission. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission.
(2) Establish bylaws.
(3) Maintain its financial records in accordance with the bylaws.
(4) Meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(5) Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the same force and effect as provisions of this compact and shall be binding in all member states.
(6) Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.
(7) Purchase and maintain insurance and bonds.
(8) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state.
(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
(10) Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest.
(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
(16) Provide and receive information from, and cooperate with, law enforcement agencies.
(17) Establish and elect an executive board.
(18) Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physical therapy licensure and practice.
(d) The Executive Board. The executive board shall have the power to act on behalf of the commission according to the terms of this compact.
(1) The executive board shall be comprised of 9 members:
(A) Seven voting members who are elected by the commission from the current membership of the commission;
(B) One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
(C) One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
(2) The ex-officio members will be selected by their respective organizations.
(3) The commission may remove any member of the executive board as provided in bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
(B) Ensure compact administration services are appropriately provided, contractual or otherwise;
(C) Prepare and recommend the budget;
(D) Maintain financial records on behalf of the commission;
(E) Monitor compact compliance of member states and provide compliance reports to the commission;
(F) Establish additional committees as necessary; and
(G) Other duties as provided in rules or bylaws.
(e) Meetings of the Commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in paragraph IX.
(2) The commission or the executive board or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive board or other committees of the commission must discuss:
(A) Noncompliance of a member state with its obligations under the compact;
(B) The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) Current, threatened, or reasonably anticipated litigation;
(D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
(E) Accusing any person of a crime or formally censuring any person;
(F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) Disclosure of investigative records compiled for law enforcement purposes;
(I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(J) Matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the Commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
VIII. Data System.
(a) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information.
(2) Licensure data.
(3) Adverse actions against a license or compact privilege.
(4) Nonconfidential information related to alternative program participation.
(5) Any denial of application for licensure, and the reasons for such denial.
(6) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other party states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
IX. Rulemaking.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment and the reason for the proposed rule.
(3) A request for comments on the proposed rule from any interested person.
(4) The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) A state or federal governmental subdivision or agency; or
(3) An association having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or member state funds;
(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
X. Oversight, Dispute Resolution, and Enforcement.
(a) Oversight.
(1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
(b) Default, Technical Assistance, and Termination
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the commission; and
(B) Provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(c) Dispute Resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
XI. Date of Implementation of the Interstate Commission for Physical Therapy Practice and Associated Rules, Withdrawal, and Amendment.
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
XII. Construction and Severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Source. 2017, 189:2, eff. July 1, 2017.
Section 328-A:6
328-A:6 Repealed by 2003, 310:65, VI, eff. July 1, 2003. –
Section 328-A:7
328-A:7 Examination. –
I. The office shall conduct, through a third party, examinations within the state at least quarterly. The passing score shall be determined by the board.
II. A physical therapist applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. A national physical therapy exam shall test competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.
III. A physical therapist assistant applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. A national examination shall test for requisite knowledge and skills in the technical application of physical therapy services.
IV. An applicant for licensure who does not pass the examination after the first attempt may retake the examination 3 additional times. An applicant shall not retake the examination a fourth time unless:
(a) The applicant has completed a new application for licensure, with the exception of submission of documentation showing that the applicant has passed the examination.
(b) The applicant has submitted, and the board has approved, a plan for completion of additional clinical training or coursework or both.
Source. 2002, 237:1. 2003, 310:20, eff. July 1, 2003. 2023, 79:321, eff. Sept. 1, 2023.
Section 328-A:8
328-A:8 Exemptions From Licensure. –
I. Nothing in this chapter shall be construed to restrict a person licensed under any law of this state from engaging in the profession or practice for which that person is licensed.
II. For physical therapists, the following persons are exempt from the licensure requirements of this chapter when engaged in the following activities:
(a) A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist when that person is satisfying supervised clinical education requirements related to the person's physical therapy education while under on-site supervision of a licensed physical therapist.
(b) A physical therapist who is practicing in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers.
(c) A physical therapist who is licensed in another jurisdiction of the United States or a foreign-educated physical therapist credentialed in another country if that person is performing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
(d) A physical therapist who is licensed in another jurisdiction of the United States or credentialed in another country, when that person by contract or employment is providing physical therapy services to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year.
III. For physical therapist assistants, the following persons are exempt from the licensure requirements of this chapter when engaged in the following activities:
(a) A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist assistant when that person is satisfying supervised clinical education requirements related to the person's physical therapist assistant education while under direct supervision of a physical therapist.
(b) A physical therapist assistant who is practicing in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers.
(c) A person licensed as a physical therapist assistant in another jurisdiction of the United States if that person is assisting in selected components of physical therapy intervention in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
Source. 2002, 237:1. 2003, 310:21-23, eff. July 1, 2003.
Section 328-A:9
328-A:9 Lawful Practice. –
I. A physical therapist licensed under this chapter is fully authorized to practice physical therapy as defined herein.
II. A physical therapist shall refer a patient or client to appropriate health care practitioners when:
(a) The physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice; or
(b) Physical therapy is contraindicated.
III. A physical therapist shall adhere to the code of ethics established by the board in rules.
IV. A physical therapist assistant licensed under this chapter is authorized to assist a licensed physical therapist in selected components of physical therapy intervention.
V. A physical therapist assistant shall adhere to the code of ethics established by the board in rules.
VI. A physical therapist may purchase and store topical and aerosol medications, to be administered upon the prescription of a health care practitioner licensed in this state and permitted by law to prescribe medications. A physical therapist shall comply with rules of the New Hampshire pharmacy board specifying protocols for storage of medications.
VII. Nothing in this chapter shall be construed as authorizing a licensed physical therapist to practice medicine, osteopathy, chiropractic, naturopathy, or any other form or method of healing, except physical therapy. The use of roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes including cauterization, shall not be authorized under the term "physical therapy" as used in this chapter.
Source. 2002, 237:1. 2003, 310:24, eff. July 1, 2003. 2023, 231:1, eff. Oct. 7, 2023.
Section 328-A:10
328-A:10 Use of Titles; Restrictions; Classification of Offenses. –
I. A physical therapist shall use the letters "PT" in connection with the physical therapist's name or place of business to denote licensure under this chapter.
II. A person or business entity, its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business, the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist" or "registered physical therapist," the letters "PT," "LPT," "RPT," "CPT," "MPT," "DPT," or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person or entity that violates this paragraph is guilty of a violation for a first offense, and guilty of a misdemeanor for any subsequent violations of this paragraph.
III. A physical therapist assistant shall use the letters "PTA" in connection with that person's name to denote licensure hereunder.
IV. A person shall not use the title "physical therapist assistant," the letters "PTA," "RPTA," "LPTA," "CPTA," or any other words, abbreviations or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter. A person who violates this paragraph is guilty of a misdemeanor.
Source. 2002, 237:1. 2003, 310:25, eff. July 1, 2003.
Section 328-A:11
328-A:11 Obligations of Licensees. –
I. A physical therapist is responsible for managing all aspects of the physical therapy care of each patient. The physical therapist shall provide:
(a) The initial written evaluation for each patient;
(b) Periodic written re-evaluation of each patient; and
(c) A written discharge plan for the patient and the patient's response to treatment at discharge.
II. A physical therapist shall assure the qualifications of all assistive personnel to perform specific designated tasks through written documentation of the assistive personnel's education and training.
III. For each date of service, a physical therapist shall provide all therapeutic interventions that require the expertise of a physical therapist and shall determine the use of assistive personnel that provides delivery of service that is safe, effective, and efficient for each patient.
IV. A physical therapist assistant shall work under a physical therapist's general supervision. A physical therapist assistant shall document care provided and shall report to a supervising physical therapist any status in a patient requiring a change in the plan of care. The supervising physical therapist shall review and co-sign all notes during each reevaluation.
V. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the direct personal supervision of a physical therapist or a physical therapist assistant.
VI. [Repealed.]
VII. A physical therapist's responsibility for patient care management shall include oversight of all documentation for services rendered to each patient, including awareness of fees charged or reimbursement methodology used. A physical therapist shall also be aware of what constitutes unreasonable or fraudulent fees.
Source. 2002, 237:1. 2003, 310:26, 65, VII, eff. July 1, 2003.
Section 328-A:12
328-A:12 Repealed by 2023, 79:322, II, eff. Sept. 1, 2023. –
Section 328-A:13
328-A:13 Repealed by 2023, 79:322, III, eff. Sept. 1, 2023. –
Section 328-A:14
328-A:14 Substance Abuse Recovery Program. –
In lieu of a disciplinary proceeding prescribed by this chapter or RSA 328-F, the board may permit a licensee to actively participate in a board-approved substance abuse recovery program if:
I. The board has evidence that the licensee is impaired.
II. The licensee has not been convicted of a felony relating to a controlled substance in a court of law of the United States or any other territory or country.
III. The licensee enters in to a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice work imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceedings by the board.
IV. As part of the agreement established between the licensee and the board, the licensee signs a waiver allowing the substance abuse program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice or work with reasonable skill or safety.
Source. 2002, 237:1, eff. July 1, 2002.
Section 328-A:15
328-A:15 Rights of Consumers; Confidentiality. –
I. [Repealed.]
II. [Repealed.]
III. If a referring practitioner is deriving direct or indirect compensation from the referral to physical therapy the physical therapist shall disclose this information in writing to the patient prior to the initial evaluation.
IV. A physical therapist shall disclose in writing to a patient any financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation.
V. A physical therapist shall inform each patient that the patient has freedom of choice in services and products.
VI. Confidential communications between physical therapists and physical therapist assistants and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient. The privilege for confidential communications shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health occupations or professions in this state.
VII. Any person may submit a complaint regarding any licensee or any other person potentially in violation of this chapter.
VIII. Unless used in disciplinary proceedings, the following shall be held confidential by the board:
(a) Complaints received by the board.
(b) Information and records acquired by the board during its investigations of complaints and other information relating to violations of this chapter coming to the attention of the board.
(c) Reports and records made by the board as a result of such investigations.
(d) Patient records, including clinical records, files, oral or written reports relating to diagnostic findings or treatment of licensees' patients, and oral or written information from which the identity of licensees' patients or their families can be derived.
IX. Each licensee shall display a copy of the licensee's license or current renewal verification or a notice of the availability of this information in a location accessible to public view at the licensee's place of practice.
Source. 2002, 237:1. 2003, 310:30-35, eff. July 1, 2003. 2021, 197:25, II, eff. July 1, 2021. 2023, 79:322, I, eff. Sept. 1, 2023.
Section 328-A:15-a
328-A:15-a Eligibility for Renewal of License. –
I. Persons licensed as physical therapists are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.
(b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.
II. Persons licensed as physical therapist assistants are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.
(b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.
Source. 2003, 310:36, eff. July 1, 2003.
Section 328-A:15-b
328-A:15-b Repealed by 2010, 170:3, eff. June 17, 2010. –