05apr01...0577h

2001 SESSION

01-0992

08/09

HOUSE BILL 684

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill makes changes to definitions, the procedure for treatment authorizations, licensure and supervision of therapy assistants, and supervision of aides, for persons regulated by the occupational therapy governing board.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05apr01...0577h

01-0992

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

190:1 Definitions; Occupational Therapy. RSA 326-C:1, IV is repealed and reenacted to read as follows:

IV. "Occupational therapy" means the therapeutic use of purposeful and meaningful occupations (goal-directed activities) to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction which interferes with their ability to function independently in daily life roles, and to promote health and wellness.

(a) Occupational therapy intervention may include:

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

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

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

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

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

(1) Evaluating, developing, improving, sustaining or restoring skills in activities of daily living (ADLs), work or productive activities, including instrumental activities of daily living (IADLs), and play and leisure activities.

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

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

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

(5) Application of physical agent modalities as an adjunct to or in preparation for engagement in occupations when applied by a practitioner who has documented evidence of possessing the theoretical background and technical skills for safe and competent use.

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

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

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

190:2 Evaluation and Treatment Authorization. RSA 326-C:2 is repealed and reenacted to read as follows:

326-C:2 Evaluation and Treatment Authorization.

I. Consultation and evaluation by an occupational therapist may be performed without a referral. Initiation of occupational therapy services to individuals with medically related conditions shall be based on a referral from a physician or physician assistant licensed by the state board of medicine, an advanced registered nurse practitioner licensed under RSA 326-B:10, a chiropractor licensed under RSA 316-A, an optometrist licensed under RSA 327, or any other qualified health care professional who, within the scope of the professional's licensure, is authorized to refer for health care services.

II. Prevention, wellness and education related services shall not require a referral. These services may be provided in a variety of settings such as educational, work, recreational, and residential settings and community centers for adults and children.

190:3 License Required. Amend RSA 326-C:3 to read as follows:

326-C:3 License Required.

I. No person, not licensed under this chapter and RSA 328-F, shall practice or hold oneself out as being able to practice occupational therapy [without obtaining a license] or assist in the practice of occupational therapy or provide occupational therapy services in this state unless the person is licensed under this chapter and RSA 328-F. Holding oneself out shall include the use of any word, title, letters, abbreviations, or insignia intended to designate an individual as a licensed occupational therapist or occupational therapy assistant.

[(a)] Nothing in this [section] paragraph shall be construed to prohibit students enrolled in schools or courses in occupational therapy, approved by the board in cooperation with the American Occupational Therapy Association, from performing occupational therapy which is incidental to their respective courses of study or supervised field work.

[(b) [Repealed.]]

II. The board shall license each applicant who satisfies the requirements of RSA 326-C:4. Upon payment of a license fee, the board shall issue to such person a certificate of licensure, which shall be prima facie evidence of the right to practice as an "occupational therapist [registered]" or "[certified] occupational therapy assistant." Licensed occupational therapists may use the letters ["O.T.R." or "O.T.R./L."] "OT" or "OT/L" and occupational therapy assistants may use the letters ["C.O.T.A." or "C.O.T.A./L."] "OTA" or "OTA/L" in connection with their names or places of business to denote their licensure under this chapter and RSA 328-F.

190:4 New Section; Coercion Prohibited. Amend RSA 326-C by inserting after section 3 the following new section:

326-C:3-a Coercion Prohibited. No person shall coerce a licensed occupational therapist or occupational therapy assistant into compromising patient safety by requiring the licensed occupational therapist or occupational therapy assistant to delegate if the licensed occupational therapist or occupational therapy assistant determines that it is inappropriate to do so. Licensed occupational therapists or occupational therapy assistants shall not be subject to disciplinary action by the board for refusing to delegate activities or tasks or refusing to provide the required training for delegation if the licensed occupational therapist or occupational therapy assistant determines that delegation may compromise patient safety.

190:5 Conditions for Licensure; Examination. RSA 326-C:4, II(e) is repealed and reenacted to read as follows:

(e) Successfully complete the entry level certification examination for occupational therapists or occupational therapy assistants approved by the board, such as the examination administered by the National Board for Certification in Occupational Therapy, Inc. or by another nationally recognized credentialing body.

190:6 Conditions for Licensure; Professional Knowledge. Amend RSA 326-C:4, V to read as follows: V. The board may, upon notice and opportunity for a hearing, deny an application or impose probationary conditions upon any applicant who fails to establish such applicant's qualifications to the satisfaction of the board. Conditions imposed [may] shall include requiring continuing education or practice under supervision of a licensed occupational therapist. The board shall require such applicants to demonstrate efforts to maintain a current level of professional knowledge for the period of one year prior to issuing a license.

190:7 Rulemaking. Amend RSA 326-C:11, VI and VII to read as follows:

VI. Requirements for continuing [professional education and] competency and continuing professional education as a condition of license renewal, initial licensure, license reinstatement, or endorsement licensing. Programs approved through the American Occupational Therapy Association's approved provider program shall be approved by the board. Other programs shall be approved by the board provided they meet the established requirements.

VII. [Any other matter necessary for the administration of this chapter and the board's duties and responsibilities under RSA 328-F.] Requirements for the training and documentation of training for the application of physical agent modalities as an adjunct to or in preparation for engagement in occupations.

VIII. Requirements for the supervision of occupational therapy assistants.

IX. Requirements for the use and supervision of non-licensed personnel who provide supportive services to licensed occupational therapists or occupational therapy assistants.

190:8 Repeal. RSA 326-C:4, II(f), relative to demonstration of professional knowledge prior to application, is repealed.

190:9 Effective Date. This act shall take effect 60 days after its passage.

(Approved: July 5, 2001)

(Effective Date: September 3, 2001)