CHAPTER Occ 100 OCCUPATIONAL THERAPY (LAST REVISED by Board on 7/22/02 and TMS on 10/29/02)

CHAPTER Occ 100 ORGANIZATIONAL RULES

Document #13081, effective 7-31-20, readopted, readopted with amendments, or repealed all of the rules in Chapter Occ 100. Specifically, Occ 101.01 titled “Purpose”, Occ 103.02 titled “Relationship of the Board to the Office of Licensed Allied Health Professionals”, Occ 103.03 titled “Responsibilities of the Board”, and Occ 103.04 titled “Board Meetings and Quorum” were readopted. Occ 103.05 titled “Attendance at Meetings by Members of the Public”, Occ 103.06 titled “Notice of Meetings”, Occ 103.07 titled “Minutes of Board Meetings”, and Occ 104 titled “Public Information” were repealed. A new Occ 103.05 titled “Other Organizational Rules” was adopted.

Document #13081 replaced all prior filings for rules in the former Chapter Occ 100. The prior filings affecting the former Chapter Occ 100 was Document #8272, effective 1-26-05. The prior filings affecting each effective rule in Chapter Occ 100 are indicated in the source notes for each rule.

As organizational rules the rules in Chapter Occ 100 will not expire except pursuant to RSA 541-A:17, II.

PART Occ 101 PURPOSE

Occ 101.01 Purpose. This chapter sets forth the organization and statutory responsibilities of the occupational therapy governing board and the manner of communication with the board.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

PART Occ 102 DEFINITIONS

Occ 102.01 “American Occupational Therapy Association (AOTA)” means the entity recognized as the national professional organization of occupational therapists, occupational therapy assistants, and students enrolled in occupational therapy education programs, or its successor.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

Occ 102.02 “Board” means “board” as defined in RSA 326-C:1, I, namely, “the occupational therapy governing board established in RSA 328-F.”

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25 (formerly Occ 102.01)

Occ 102.03 “National Board for Certification in Occupational Therapy (NBCOT)” means the entity that develops the national examination for occupational therapy and certifies individuals in occupational therapy practice or its successor.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

Occ 102.04 “Occupational therapist” means “occupational therapist” as defined in RSA 326-C:1, II, namely, “a person currently licensed to practice occupational therapy in the state of New Hampshire.”

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25 (from Occ 102.02)

Occ 102.05 “Occupational therapy” means “occupational therapy” as defined in RSA 326-C:1, IV, namely “the care and services provided by an occupational therapist or occupational therapy assistant who are licensed pursuant to this chapter. Areas of occupation include but are not limited to:

(a) Activities of daily living, which are the routine activities a person completes to meet their basic health and survival needs.

(b) Instrumental activities of daily living, which are activities a person completes to live independently and participate in the community.

(d) Rest and sleep.

(e) Education.

(f) Work.

(g) Play.

(h) Leisure.

(i) Social participation.”

Source. #14366, eff 9-9-25 (from Occ 102.03)

Occ 102.06 “Occupational therapy assistant (OTA)” means “occupational therapy assistant” as defined in RSA 326-C:1, III, namely, “a person currently licensed to assist in the practice of occupational therapy, under the supervision of an occupational therapist, in the state of New Hampshire.”

Source. #14366, eff 9-9-25 (from Occ 102.04)

PART Occ 103 DESCRIPTION OF THE BOARD AND BOARD MEETINGS

Occ 103.01 Composition of the Board. The board consists of 5 members appointed as specified in RSA 328-F:4, V. The members shall include 3 licensed occupational therapists, one occupational therapy assistant, and one public member.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

Occ 103.02 Reserved

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); rsvd by #14366, eff 9-9-25

Occ 103.03 Responsibilities of the Board. The board’s responsibilities include:

(a) Establishing the eligibility requirements for the initial licensure of occupational therapists and occupational therapy assistants;

(b) Establishing the eligibility requirements for license renewal, including any continuing competency requirements, and any requirements for education, clinical experience, and training for occupational therapists and occupational therapy assistants;

(c) The eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses suspended for disciplinary reasons; and

(d) The imposition of disciplinary sanctions in cases of misconduct by licensees.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

Occ 103.04 Board Meetings and Quorum.

(a) The board shall meet as often as its business requires.

(b) A quorum shall consist of a majority of the members of the board who have been approved by the governor and executive council.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

Occ 103.05 Other Organizational Rules. The office of professional licensure and certification (OPLC) is responsible for the administration of the board. Information such as the board’s office location, address, and telephone number is described at Plc 103.03. Information regarding the public’s access to minutes and other board records is described at Plc 104.

Source. #8572, eff 1-26-05; ss by #13081, eff 7-31-20 (See Revision Note at chapter heading for Occ 100); ss by #14366, eff 9-9-25

CHAPTER Occ 200 PROCEDURAL RULES

REVISION NOTE:

Document #13081, effective 7-31-20, repealed all of the former rules in Chapter Occ 200 and adopted a new rule Occ 201 titled “Applicability of Ahp 200” containing Occ 201.01 titled “Rules of Practice and Procedures.”

Document #13081 replaced all prior filings for the former Chapter Occ 200. The prior filings affecting the former Chapter Occ 200 included the following documents:

#8273, eff 1-26-05

#8274, eff 1-26-05, EXPIRED 1-26-13 (in Occ 202, 213, 217 and 218)

#10280, eff 2-28-13

As practice and procedure rules, the rules in Chapter Occ 200 in Document #13081 would not have expired except pursuant to RSA 541-A:17, II.

PART Occ 201 APPLICABILITY OF Plc 200

Occ 201.01 Rules of Practice and Procedure. The Plc 200 rules shall govern with regards to all procedures for:

(a) The receipt and investigation of misconduct complaints;

(b) The conduct of adjudicative and non-adjudicative proceedings;

(d) Public comment hearings;

(e) Declaratory rulings;

(f) Explanation of adopted rules;

(g) Voluntary surrender of licenses; and

(h) Waivers.

Source. (See Revision Note at chapter heading for Occ 200) #13081, eff 7-31-20; ss by #14089, eff 10-1-24

CHAPTER Occ 300 REQUIREMENTS FOR LICENSURE

REVISION NOTE #1:

Document #13243, effective 7-28-21, adopted, repealed, readopted with amendments, readopted with amendments and renumbered, or renumbered various rules in Chapter Occ 300. The rule adopted by Document #13243 is titled “Application for Initial Licensure or Certification.” Document #10901, effective 7-29-15, had previously repealed Occ 302.05.

The filings prior to Document #10901 which had affected the repealed Occ 302.05 included the following documents:

#8296, eff 3-1-05

#8894, eff 6-7-07

The rules repealed by Document #13243 include the following rules:

Occ 302.02 titled “Multipart Application Form”

Occ 302.03 titled “Effect of Notarized Signature”

Occ 304.06 titled “Supervision Form”

The repeals necessitated the renumbering of Occ 302.04 as Occ 302.03, Occ 304.07 as Occ 304.06, Occ 304.08 as Occ 304.07, and Occ 304.09 as Occ 304.08 as noted in the source notes for the renumbered rules. Source notes for the rules readopted with amendment or readopted with amendment and renumbered by Document #13243 indicate “ss by #13243, eff 7-28-21”. Since Document #13243 renumbered Occ 304.08 as Occ 304.07 but did not readopt it, its source note simply indicates “renumbered by #13243”. Document #13243, effective 7-28-21, adopted, repealed, readopted with amendments, readopted with amendments and renumbered, or renumbered various rules in Chapter Occ 300. The rule adopted by Document #13243 is Occ 302.02 titled “Application for Initial Licensure or Certification.” Document #10901, effective 7-29-15, had previously repealed Occ 302.05.

The prior filings affecting the repealed Occ 302.02 included the following documents:

#8296, eff 3-1-05

#8894, eff 6-7-07

#9146, eff 4-30-08

#9950-B, eff 6-29-11

#10281, eff 2-28-13

#10554, eff 3-26-14

#10901, eff 7-29-15

The prior filings affecting the repealed Occ 302.03 and Occ 304.06 included the following documents:

#8296, eff 3-1-05

#8894, eff 6-7-07

#10901, eff 7-29-15

REVISION NOTE #2:

Document #14477, effective 3-13-26, readopted with amendment, repealed, and renumbered chapter Occ 300. Document #14477 repealed the following sections: Occ 301.02 titled “Active in the profession”, Occ 301.06 titled “National Board of Certification in Occupational Therapy, Inc. (NBCOT)”, Occ 304.01 titled Eligibility for Conditional Licensure, Occ 304.02 titled Duration and Practice Limitations of Conditional Licenses, Occ 304.03 titled Full Licensure of Conditional Licenses, Occ 304.04 titled Administrative Obligations of Conditional Licenses, Occ 304.05 titled Eligibility Requirements for Supervisors, Occ 304.06 titled Extension of Conditional Licenses, Occ 304.07 titled Professional Obligations of Conditional Licenses, and Occ 304.08 titled Expiration and Suspension of Conditional Licenses. The repealed rules mentioned above can be found in their previous form in Document #10901 and Document #13243. All remaining sections of Occ 300 were renumbered accordingly.

PART Occ 301 DEFINITIONS

Occ 301.01 “American Council for Occupational Therapy Education (ACOTE)” means the component of the American Occupational Therapy Association that establishes the core requirements for occupational therapy education and accredits education programs of occupational therapy education, or its successor organization.

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36

Occ 301.02 “Board” means “board” as defined in RSA 326-C:1, I, namely, “the occupational therapy governing board established in RSA 328-F.”

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 301.03)

Occ 301.03 “Direct supervision” means supervision through direct and continuous observation of the activities of the person being supervised and includes in-person and virtual supervision.

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 301.04)

Occ 301.04 “Indirect supervision” means supervision through the supervisor's review of the treatment progress notes made by the person supervised, telephone conversations between the supervisor and the person supervised, electronic correspondence between the supervisor and the person supervised, or any other form of supervision which is not defined as direct supervision.

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 301.05)

PART Occ 302 APPLICATION PROCEDURE

Occ 302.01 Applications for Initial Licensure.

(a) Applicants who wish to apply for initial licensure as an occupational therapist or occupational therapy assistant shall do so by submitting to the office of professional licensure and certification (OPLC) the following:

(1) The completed “Universal Application for Initial License” required by Plc 304.01;

(2) The required information specified by Plc 304.03;

(3) The required information and documentation required in Plc 304.04; and

(4) The initial license fee required by Plc 1002.35.

(b) Applications shall be reviewed by the OPLC as required by Plc 304.06 and Plc 304.08.

submit a written request for a rehearing to the OPLC within 30 days of notification of denial pursuant to Plc 206.31.

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36

Occ 302.02 Application for Initial Licensure or Certification. In addition to the information required by the application for initial licensure required by Occ 302.01, the applicant for occupational therapist or occupational therapy assistant licensure shall answer “yes” or “no” to the question “Have you completed the supervised field work experience as required by RSA 326-C:5, III?” on the “Addendum to the Universal Application for Initial License for Occupational Therapy”, revised January 2026.

Source. #13243, eff 7-28-21; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36

Occ 302.03 Required Documents. Applicants for initial licensure as an occupational therapist or occupational therapy assistant shall confirm on the “Addendum to the Universal Application for Initial License for Occupational Therapy”, revised January 2026 that the following documents supporting their applications have been submitted:

(a) Official transcripts showing all relevant education as described in RSA 326-C:5(c) by:

(1) The issuing institution(s) directly to the OPLC; or

(2) The applicant in one or more envelope(s) sealed by the institution(s) in such a manner that it would be evident to the OPLC if the envelope(s) had been opened;

(b) Verification that the applicant passed the examination sent by NBCOT directly to the OPLC; and

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #9146, eff 4-30-08; ss by #10281, eff 2-28-13; ss by #10554, eff 3-26-14; ss by #10901, eff 7-29-15; ss by #13243, eff 7-28-21 (formerly Occ 302.04); ss by #14477, eff 3-13-26, EXPIRES: 3-13-36

PART Occ 303 QUALIFICATIONS FOR LICENSURE

Occ 303.01 Eligibility Requirements.

(a) Applicants for initial licensure as occupational therapists or occupational therapy assistants shall meet the requirements described below:

(1) Be at least 17 years of age;

(2) Be of good moral and professional character, as evidenced by:

a. The answers to the questions from the application form; and

b. The results of the criminal history records check required by RSA 328-F:18-a;

(3) Have successfully completed an academic program in occupational therapy accredited by the American Council for Occupational Therapy Education (ACOTE) or its successor organization or be NBCOT-certified; and

(4) Have complied with the continuing competence requirements set forth in Occ 303.02, if they are applicable.

(b) Applicants for initial licensure as occupational therapists or occupational therapy assistants who are licensed in another jurisdiction with substantially similar requirements as defined in Plc 313.43 shall apply for an initial license as required by Plc 313.03 through Plc 313.05.

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

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #9950-A, eff 6-29-11; amd by #10901, eff 7-29-15; ss by #12879, eff 9-25-19; ss by #13243, eff 7-28-21; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36

Occ 303.02 Continuing Competence Requirements.

(a) Continuing competence shall be maintained by applicants who:

(1) Passed the NBCOT examination more than 52 weeks before submitting the application; and

(2) Have not practiced as an occupational therapist or occupational therapy assistant since passing the examination.

(b) If more than 52 but fewer than 104 weeks have elapsed since such applicants passed the NBCOT examination, they shall maintain continuing competence by:

(1) Completing 12 hours of professional education in the clinical application of occupational therapy skills; and

(2) Doing so within the 12 months just preceding the submission of their application.

(c) If 104 or more weeks have elapsed since such applicants passed the NBCOT examination, they shall maintain continuing competence by:

(1) Completing 24 hours of professional education in the clinical application of occupational therapy skills; and

(2) Doing so within the 24 months just preceding the submission of their application.

Source. #8296, eff 3-1-05; ss by #8894, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #14477, eff 3-13-26, EXPIRES: 3-13-36

PART Occ 304 the Use of Physical Agent Modalities

REVISION NOTE:

Document #13312, effective 12-21-21, adopted, readopted with amendments, or repealed all of the rules in Part Occ 305, and re-titled the part heading from “Certification for the Use of Physical Agent Modalities” to “The Use of Physical Agent Modalities.” Document #13312 replaced all prior filings for the rules in the former Part Occ 305. Document #13312 readopted with amendments Occ 305.01 titled “Definitions.” Document #13312 also adopted Occ 305.02 titled “Physical Agent Modalities”, Occ 305.03 titled “Required Professional Education”, and Occ 305.04 titled “Methods for Obtaining Required Professional Education.”

Document #13312 repealed the following rules:

Occ 305.02 titled “PAM Certificates Authorizing the Use of Physical Agent Modalities

Occ 305.03 titled “Eligibility for PAM Certificates”

Occ 305.04 titled “Requirements for Applicants Not Currently Licensed in this State as Physical Therapists or Physical Therapist Assistants”

Occ 305.05 titled “Required Professional Education”

Occ 305.06 titled “Methods for Obtaining Required Professional Education”

Occ 305.07 titled “Supervised Clinical Applications Required of all Applicants Not Currently Licensed in this State as Physical Therapists or Physical Therapist Assistants”

Occ 305.08 titled “Procedure for Applying for a PAM Certificate”

Occ 305.09 titled “PAM Certificate Application Form”

Occ 305.10 titled “Effect of Supervisor's Signature”

Occ 305.11 titled “Required Accompanying Documents”

The prior filings affecting the repealed Occ 305.02 through Occ 305.07 included:

#8297, eff 3-1-05

#8895, eff 6-7-07

#10901, eff 7-29-15

The prior filings affecting the repealed Occ 305.08 though Occ 305.11 included:

#8297, eff 3-1-05

#8895, eff 6-7-07

#9147, eff 4-30-08

#10901, eff 7-29-15

PART Occ 304 the Use of Physical Agent Modalities

Occ 304.01 Definitions. In Occ 304 the terms used shall have the following meanings:

(a) "Electrical stimulation modality" means a physical agent modality which consists of the application to the body of electrical current for the purpose of analgesia, muscle contraction, the promotion of healing, the reduction of edema, and other therapeutic results.

(b) “Hand therapy certification commission” means a non-profit corporation which sponsors a credentialing program for occupational therapists and physical therapists who specialize in upper-extremity rehabilitation.

(c) “High voltage galvanic stimulation (HVGS)” means an electrical modality produced by a twin peak uni-directional waveform in pulsed current and characterized by its high voltage.

(d) "Iontophoresis" means the use of direct electrical current to deliver medication or ionized drugs topically into a localized area of tissue.

(e) “Neuromuscular electrical stimulation (NMES)” means an electrical modality which is used to stimulate the nerves that correspond to a targeted muscle or muscle group, thereby causing a muscle to contract.

(f) "Phonophoresis" means the use of ultrasound to enhance tissue permeability to assist in the delivery of anti-inflammatory medication.

(g) "Physical agent modality (PAM)" means the application of temperature, water, light, sound, or electricity for the purpose of producing a response in the body’s muscle, tendon, nerve, skin, fascia, scar, vascular, or other part of the soft tissue system. The modality applied is chosen by the practitioner as an adjunct to, or in preparation for, the client’s ability to engage in occupations.

(h) "Superficial physical agent modality" means the application to the body of thermal agents, including but not limited to, hot packs, paraffin, fluidotherapy, whirlpool, contrast baths, and ice packs.

(i) “Transcutaneous electrical nerve stimulation (TENS)” means an electrical modality characterized by the delivery of a pulsed electrical current in the form of a biphasic asymmetrical or symmetrical waveform to the nervous system through the skin via electrodes.

(j) "Ultrasound" means a physical agent modality using an inaudible sound in the frequency range of approximately 20,000 to 10 billion cycles per second. Ultrasound provides either a thermal or non-thermal therapeutic effect depending on the type of tissue sonated, the frequency utilized, and the mode of delivery.

Source. #8297, eff 3-1-05; ss by #8895, eff 6-7-07; ss by #10901, eff 7-29-15; ss by #13312, eff 12-21-21; renumbered by #14477, eff 3-13-26, EXPIRES 3-13-36 (formerly Occ 305.01)

Occ 304.02 Physical Agent Modalities.

(a) An occupational therapist who is licensed under this chapter and who has completed the educational requirements outlined in Occ 305.03 may utilize occupational therapy techniques involving ultrasound or electrical physical agent modality devices.

(b) An occupational therapy assistant who is licensed under this chapter shall apply ultrasound or electrical physical agent modalities devices only when he or she:

(1) Works under the supervision of a qualified occupational therapist who is licensed under this chapter; and

(2) Has completed the educational requirements outlined in Occ 305.03 may utilize occupational therapy techniques involving ultrasound or electrical agent modality devices.

Source. #13312, eff 12-21-21; renumbered by #14477, eff 3-13-26, EXPIRES 3-13-36 (formerly Occ 305.02)

Occ 304.03 Required Professional Education.

(a) The required professional education relating to ultrasound modalities, including phonophoresis, shall:

(1) Be at least 6 hours in duration for occupational therapists and occupational therapy assistants; and

(2) Cover the following topics:

a. Proper use of ultrasound equipment, including:

1. The use of treatment controls;

2. Soundhead selection;

3. Frequency;

4. Application method; and

5. Equipment maintenance as it relates to overall client safety;

b. Knowledge of the clinical use, optimal parameters, precautions and contraindications to determine, prior to administration, the appropriateness of ultrasound for a client;

c. Knowledge of the physiological effect of ultrasound, including the therapeutic benefits as well as the tissue response for both thermal and non-thermal delivery;

d. Understanding of the optimal parameters for maximum therapeutic benefit in regards to:

1. Tissue depth;

2. Tissue type;

3. Intensity;

4. Size of the area to be sonated; and

5. The mode of ultrasound delivery, including but not limited to, pulse, continuous and medication;

e. The appropriate selection and storage of topical drugs:

1. Prescribed by a licensed healthcare practitioner authorized to prescribe medicine; and

2. Used in the ultrasound treatment; and

f. The proper positioning of the client for maximum safety and therapeutic effectiveness.

(b) The required professional education relating to electrical stimulation modalities, including, at a minimum, NMES, TENS, iontophoresis and HVGS, shall:

(1) Be at least 15 hours in duration for occupational therapists and occupational therapy assistants; and

(2) Cover, for each of the specific electrical stimulation modalities listed in (b) above, the following topics:

a. Electrotherapeutic terminology and biophysical principles, including current, voltage and amplitude;

b. The normal electrophysiology of nerve and muscle;

c. The types of current, direct, pulsed and alternating, used for electrical stimulation;

d. The duration and type of current appropriate for the client’s neurological status;

e. The following common denominators of electrical currents:

1. Normal and abnormal human responses to direct and alternating current;

2. Current flow effect on tissue, including thermal, chemical and kinetic changes;

3. Waveforms, including:

(i) The true direct current of iontophoresis; and

(ii) Pulsed currents, including monophasic, biphasic and polyphasic;

4. The characteristics of phase, including:

(i) Duration;

(ii) Intensity;

(iii) Charge; and

(iv) Frequency or rate;

5. The modulation of the characteristics listed in e.4. above; and

6. The physiological correlates of the phase characteristics listed in e.4. above;

f. The indications, contraindications, warnings and precautions of electrotherapy, including considerations regarding pathology of nerve and muscle tissue;

g. The rationale and clinical indications of electrotherapy necessary for the safe and appropriate integration in the delivery of occupational therapy;

h. The appropriate selection and storage of topical drugs:

1. Prescribed by a licensed healthcare practitioner authorized to prescribe medicine; and

2. Used in electrical stimulation treatments;

i. The proper positioning of, and adequate instructions to, the client during application of the modality;

j. Appropriate education of the client as to the benefits and risks of the electrotherapeutic treatment;

k. Knowledge of the safe and appropriate operation of the electrical stimulation device and the optimal parameters, including:

1. The intensity;

2. The frequency or rate;

3. The type of current; and

4. The duration of treatment; and

l. The optimal electrode placement, including motor points and physiological effects desired.

Source. #13312, eff 12-21-21; renumbered by #14477, eff 3-13-26, EXPIRES 3-13-36 (formerly Occ 305.03)

Occ 304.04 Methods for Obtaining Required Professional Education.

Professional education described in Occ 305.03 shall be obtained through:

(a) Courses, workshops or trainings delivered by educational institutions, health care institutions or other entities, whether delivered at a professional worksite or not;

(b) On-line courses; or

(1) An individual authorized by the regulatory body of another state to apply ultrasound and electrical stimulation modalities;

(2) An individual currently licensed in this state as a physical therapist; or

(3) An individual who is currently licensed in this state as an occupational therapist or as an occupational therapy assistant and has completed the educational requirements outlined in Occ 305.03.

Source. #13312, eff 12-21-21; renumbered by #14477, eff 3-13-26, EXPIRES 3-13-36 (formerly Occ 305.04)

CHAPTER Occ 400 CONTINUED STATUS

REVISION NOTE:

Document #13417, effective 1-26-22, adopted, readopted with amendments, readopted with amendments and renumbered, or repealed various rules in Chapter Occ 400. Document #13417 also adopted Occ 403.10 titled “Supporting Materials.”

Document #13417 also changed the heading for Part Occ 402 from “Procedures for Renewing a License and Indicating a Decision Not to Renew” to “Procedures for Renewing a License.” Document #13417 changed the heading for Occ 406.04 from “Receipt of Academic and Non-Academic Instruction in Occupational Therapy” to “Receipt of Academic Course Work, AOTA Approved Programs, and Non-Academic Conferences, Courses, and Workshops in Occupational Therapy.” The heading for Occ 406.05 was also changed from “Facility-Based Occupational Therapy In-Service Training” to “Facility-Based In-Service Training as Related to the Practice of Occupational Therapy.”

Document #13417 repealed the following rules:

Occ 402.01 titled “Procedure for Licensees Who Do Not Wish to Renew Their Licenses”

Occ 402.04 titled “License Renewal Application Form”

Occ 402.05 titled “Effect of the Renewal Applicant’s Signature”

Occ 404.07 titled “Professional Obligations of Conditionally Reinstated Licensees”

Occ 406.16 titled “Completion of Distance Learning Courses”

Occ 406.17 titled “Teaching Occupational Therapy”

PART Occ 407 DOCUMENTATION OF MAINTENANCE OF CONTINUING COMPETENCE

Occ 407.01 titled “Documentation Requirements”

Occ 407.02 titled “Maintenance of Current NBCOT Certification”

Occ 407.03 titled “Receipt of Academic and Non-Academic Instruction”

Occ 407.04 titled “Facility-Based Occupational Therapy In-Service Training”

Occ 407.05 titled “Informal Independent Study”

Occ 407.06 titled “Formal Mentored Independent Study”

Occ 407.07 titled “Direct Supervision of Fieldwork”

Occ 407.08 titled “Employer-Required Peer Review Activities”

Occ 407.09 titled “Publication of Writing Related to Occupational Therapy”

Occ 407.10 titled “Public Professional Presentations Relating to Occupational Therapy”

Occ 407.11 titled “Participation in an Occupational Therapy Research Project”

Occ 407.12 titled “Specialty Certifications”

Occ 407.13 titled “Product Development”

Occ 407.14 titled “Participation in the Work of Professional Boards, Committees and Agencies”

Occ 407.15 titled “Completion of Distance Learning Courses”

Occ 407.16 titled “Teaching Occupational Therapy”

Occ 407.17 titled “Cardiopulmonary Certification or Re-Certification”

Occ 407.18 titled “Receipt of Universal Precaution Education”

Occ 408.12 titled “Storage of Medications for Physical Agent Modalities”

The prior filings affecting the repealed Occ 402.01 included:

#8896, eff 6-7-07

#9148, eff 4-30-08

#10901, eff 7-29-15

The prior filings affecting the repealed Occ 402.04 included:

#8297, eff 3-1-05

#8895, eff 6-7-07

#9147, eff 4-30-08

#10901, eff 7-29-15

The prior filings affecting the repealed Occ 402.04 included:

#8896, eff 6-7-07

#9148, eff 4-30-08 (from Occ 402.03)

#9951-B, eff 6-29-11

#10283, eff 2-28-13

#10555, eff 3-26-14

#10902, eff 7-29-15

The prior filings affecting the repealed Occ 402.05 included:

#8896, eff 6-7-07

#9148, eff 4-30-08 (from Occ 402.04)

#10902, eff 7-29-15

The prior filings affecting the repealed Occ 404.07 included:

#8896, eff 6-7-07

#10555, eff 3-26-14

The prior filings affecting the repealed Occ 406.16, Occ 406.17, all rules in Part Occ 407, and Occ 408.12 included:

#8896, eff 6-7-07

#10902, eff 7-29-15

The repeals in Part Occ 402 necessitated the renumbering of Occ 402.02 and Occ 402.03 as Occ 402.01 and Occ 402.02, the renumbering of Occ 402.06 through Occ 402.08 as Occ 402.03 through Occ 402.05, and the renumbering of Occ 402.10 as Occ 402.07, which were also readopted with amendments. Occ 402.09 was renumbered as Occ 402.06 but was not readopted by Document #13417.

The repeal of Occ 404.07 necessitated the renumbering of Occ 404.08 and Occ 404.09 as Occ 404.07 and Occ 404.08, which were readopted with amendment.

The repeal of Part Occ 407 and Occ 408.12 necessitated the renumbering of Occ 408.01 through Occ 408.11 as Occ 407.01 through Occ 407.11, and the renumbering of Occ 408.13 as Occ 407.12. But of the rules in the former Part Occ 408, only Occ 408.10, which was readopted with amendment and renumbered as Occ 407.10, was included in Document #13417.

Source notes for the rules readopted with amendment and renumbered, or simply renumbered, indicate the former rule number.

PART Occ 401 DEFINITIONS

Occ 401.01 "Direct supervision" means supervision through direct and continuous observation of the activities of the person being supervised and includes in-person and virtual supervision.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 401.03)

Occ 401.02 "Indirect supervision" means supervision through the supervisor's review of the treatment progress notes made by the person supervised, telephone conversations between the supervisor and the person supervised, electronic correspondence between the supervisor and the person supervised, or any other form of supervision which is not defined as direct supervision.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 401.04)

Occ 401.03 "Supervision" means a cooperative process in which 2 or more people participate in a joint effort to establish, maintain, or elevate a level of competence and performance.

Source. #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15 (from Occ 401.06); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 401.07)

Occ 401.04 "Supportive tasks" means tasks or treatment which facilitate the delivery of occupational therapy, are routine, and are easily learned by unlicensed persons.

Source. #8896, eff 6-7-07; ss and renumbered by #10902, eff 7-29-15 (from Occ 401.07); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 401.08)

PART Occ 402 PROCEDURES FOR RENEWING A LICENSE

Occ 402.01 License Renewal Procedure.

(a) A licensee wishing to renew their current license shall complete and submit the following:

(1) A “Universal Application for License Renewal” as required in Plc 308.05, that provides the information required by Plc 308.06, the additional information and documentation required by Plc 308.07, and is signed and attested to as required by Plc 308.08;

(2) Occupational therapy assistants who are employed occupational therapy assistants at the time of submitting their application for license renewal shall print their name and indicate on the “Addendum to the Universal Application for License Renewal for Occupational Therapy Assistants” revised 1/2026, whether they have submitted complete supervision form(s) as required by Occ 406.10, that are signed and dated; and

(3) The application fees identified in Plc 1002.35.

(b) Pursuant to RSA 310:8, III, licenses to be renewed shall lapse if the renewal applicants do not submit the completed renewal application, the application related fees for renewal, and any supporting documents required for renewal on or before the license expiration date.

(c) Renewal applicants whose licenses have expired shall not practice occupational therapy until their licenses have been reinstated by the office of professional licensure and certification (OPLC).

Source. #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.01); ss by #10555, eff 3-26-14; ss by #13417, eff 7-26-22 (formerly Occ 402.02); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36

Occ 402.02 Renewal Application Processing Procedures.

(a) The OPLC shall process applications for license renewal in accordance with Plc 308.09 and Plc 308.11.

(b) A renewal applicant wishing to challenge the denial of an application for license renewal shall complete and submit a “Petition for Hearing After Initial Denial of Licensure” as required by Plc 308.12.

Source. #8896, eff 6-7-07; ss by #9148, eff 4-30-08 (from Occ 402.06); ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 402.07); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 402.04)

Occ 402.03 Audit Procedure. Plc 308.04 shall govern the process for continuing competence documentation and audits.

Source. #10555, eff 3-26-14 (from Occ 402.09); ss by #13417, eff 7-26-22 (formerly Occ 402.10); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 402.07)

PART Occ 403 REINSTATEMENT OF LICENSES

Occ 403.01 Licenses Subject to Reinstatement.

(a) To request reinstatement of an expired license not more than one year after the license expired, the former licensee shall comply with Plc 312.02 and complete the process for renewing a license as specified in Plc 308.

(b) An individual whose license has been expired more than one year who wishes to obtain a license shall comply with Plc 312.03 and apply for initial licensure as specified in Plc 304.

(c) An individual whose license was suspended who wishes to have the license restored shall apply as required by Plc 312.04.

Source. #8896, eff 6-7-07; ss by #9148, eff 4-30-08; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36

PART Occ 404 REVOCATION, SUSPENSION, AND OTHER SANCTIONS

Occ 404.01 Definitions. "Sexual misconduct" means engaging in one or more of the following activities with respect to a client:

(a) Engaging in sexual relations, whether consensual or non-consensual;

(b) Making sexual advances;

(d) Engaging in physical contact of a sexual nature.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 405.01)

Occ 404.02 Misconduct. Misconduct shall be:

(a) Knowingly or negligently providing inaccurate material information to the OPLC or failing to provide complete and truthful material information upon inquiry by the OPLC, including during the process of applying for a license, license renewal, or license reinstatement;

(b) Conviction of any criminal offense involving:

(1) Injury to a victim;

(2) The risk of such injury; or

(3) Dishonesty;

(d) Violation of the ethical standards adopted by the board;

(e) Engaging in sexual misconduct;

(f) Violation of any provision of this chapter;

(g) Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs, or any other material, or by reason of mental or physical condition;

(h) The imposition of disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;

(i) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state;

(j) Practice without a currently valid license; and

(k) Violation of:

(1) Any provision of RSA 328-F;

(2) Any provision of RSA 326-C;

(3) Any rule adopted by the board ; or

(4) Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 405.02)

Occ 404.03 Sanctions. Disciplinary measures available to the board to sanction misconduct shall be governed by RSA 310:12.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 405.03)

Occ 404.04 Procedure for Imposition of Sanctions. Other than immediate license suspension authorized by RSA 541-A:30, III, Plc 311.09 shall govern the procedures for imposing sanctions.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 405.04)

Occ 404.05 Determinations Required for Sanctions. Plc 311.10 shall govern the method for determining sanctions.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 405.05)

Occ 404.06 Standards for the Selection of Sanctions. Plc 311.11 shall govern the standards for the selection of sanctions.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 405.06)

PART Occ 405 ONGOING REQUIREMENTS

Occ 405.01 Definitions.

(a) "Current best evidence" means methods of intervention determined by the profession of occupational therapy, based on research or professional peer review, to be the accepted and optimal ones.

(b) "Standardized assessment" means a test using standard procedures, requiring individuals taking it to respond to identical questions under the same conditions and directions, and administered and scored in a consistent manner.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.01); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.01)

Occ 405.02 Referral Not Required. Occupational therapy services can be provided without a referral, subject to regulatory and payer requirements pursuant to RSA 326-C:2. A referral shall not be required for a licensed occupational therapist to provide:

(a) Consultation;

(b) Screening, evaluation, and re-evaluation of clients;

(d) Prevention services; and

(e) Special education related occupational therapy services.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.02); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.02)

Occ 405.03 Screening, Evaluation, and Re-Evaluation of Clients.

(a) An occupational therapist shall:

(1) Initiate and direct the screening, evaluation, and re-evaluation processes;

(2) Analyze and interpret the resulting data; and

(3) Document the results of the screening, evaluation, or re-evaluation.

(b) The occupational therapist shall evaluate the client’s ability to participate in daily life activities by considering the client’s capacities and activities, and the environments in which the activities occur.

(1) Administering standardized assessments and other delegated screenings;

(2) Providing verbal and written reports to the occupational therapist about the assistant's observations and the client's capacities; and

(3) Contributing to the documentation of the results.

(d) An occupational therapist and an occupational therapy assistant shall follow the instructions specifically designed for performing a standardized assessment when administering such an assessment.

(e) An occupational therapist and an occupational therapy assistant shall communicate screening, evaluation, and re-evaluation results within the boundaries of client confidentiality.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.03); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.03)

Occ 405.04 Treatment Plan and Treatment. Except for services identified in Occ 406.02 above, the following shall apply:

(a) Treatment of individuals with medically related conditions shall be initiated only after:

(1) A referral from a licensed physician, a licensed physician assistant, a licensed advanced registered nurse practitioner, a licensed chiropractor, a licensed optometrist, or any other licensed health care professional who has authority to refer for healthcare services; and

(2) An evaluation by an occupational therapist.

(b) For any client, the occupational therapist shall:

(1) Develop the client's initial plan for treatment, including identified treatment goals;

(2) Ensure that the initial treatment plan and any revision in the treatment plan are documented;

(3) Revise the treatment plan throughout the treatment process;

(4) Document changes in the client’s needs, goals, and performance; and

(5) Maintain overall responsibility for the following aspects of the treatment plan:

a. Its development;

b. Any revision;

c. Its documentation; and

d. Its implementation.

(c) An initial treatment plan shall be based on the evaluation, client goals, current best evidence, and clinical reasoning.

(d) An occupational therapist or an occupational therapy assistant shall review the treatment plan with the client, and others authorized by the client, regarding the plan’s:

(1) Rationale;

(2) Safety issues; and

(3) Relative benefits and risks.

(e) Either an occupational therapist or an occupational therapy assistant shall implement the client’s treatment plan.

(f) An occupational therapy assistant shall select, implement, and modify therapeutic activities and interventions only if doing so is consistent with:

(1) The occupational therapy assistant’s demonstrated competency;

(2) The occupational therapy assistant's delegated responsibilities; and

(3) The client's treatment plan.

(g) An occupational therapy assistant shall contribute to the modification of the treatment plan by:

(1) Exchanging information with the occupational therapist as part of direct on-site supervision by the occupational therapist; and

(2) Providing documentation to the occupational therapist about the client’s responses to and communications throughout the intervention.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.04); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.04)

Occ 405.05 Discontinuation of Services.

(a) An occupational therapist shall make the decision about discontinuing services.

(b) Services shall be discontinued when:

(1) The client has achieved identified treatment goals;

(2) The client has reached maximum benefit from treatment; or

(3) The client does not desire to continue services.

(c) An occupational therapy assistant shall contribute to the decision about discontinuing services by providing information and documentation to the occupational therapist related to the client’s needs, goals, performance, and follow-up resources.

(d) Occupational therapists and occupational therapy assistants shall bill only for occupational therapy services that:

(1) Were actually provided;

(2) Were provided by licensed occupational therapists or occupational therapy assistants; and

(3) Have supporting documentation.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.05); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.05)

Occ 405.06 Supervision of Occupational Therapy Assistants.

(a) Occupational therapy assistants shall be supervised in their work in occupational therapy by occupational therapists:

(1) Who meet the description in Occ 407.07;

(2) In accordance with the requirements of (b), (c), and (d) below; and

(3) For periods longer than those set forth in (b), (c), and (d) below whenever such longer periods are required for accurate implementation of treatment plans.

(b) Occupational therapy assistants with less than one year of paid experience in occupational therapy shall be directly supervised at least 5% of their work time and indirectly supervised an additional 10% of their work time.

(c) Occupational therapy assistants with one to 5 years of paid experience in occupational therapy shall be directly supervised during at least 5% of their work time and indirectly supervised an additional 5% of their work time.

(d) Occupational therapy assistants with greater than 5 years of paid experience in occupational therapy shall receive both direct and indirect supervision during 5% of their work time.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.06); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.06)

Occ 405.07 Qualifications to be a Supervisor. To qualify to supervise occupational therapy assistants individuals shall be:

(a) Currently licensed in New Hampshire as an occupational therapist for a minimum of one year;

(b) Not under disciplinary investigation by the OPLC, another state or jurisdiction, or under pending disciplinary charges in the facilities where supervision is to take place; and

(1) Spouse;

(2) Parent, step-parent, parent-in-law, or step-parent in-law;

(3) Natural, foster or adopted child, or stepchild;

(4) Sibling, brother-in-law, or sister-in-law;

(5) First or second cousin;

(6) Grandparent; or

(7) Aunt or uncle.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.07); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.07)

Occ 405.08 Limitation on Number of Occupational Therapy Assistants Under Supervision. An occupational therapist shall not supervise at any one time more occupational therapy assistants than those whose combined work hours total the work hours of 2 full-time occupational therapy assistants.

Source. #8896, eff 6-7-07; ss by #9308, eff 10-29-08; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.08); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.08)

Occ 405.09 Occupational Therapy Assistants' Obligation to Present Supervision Rules to Supervisors and to Report Supervision to the OPLC.

(a) Before beginning work in occupational therapy, an occupational therapy assistant shall:

(1) Give to the person intending to provide supervision to the assistant a copy of Occ 400 and the supervision form described in Occ 407.10;

(2) Discuss the supervision requirements with the person intending to provide supervision; and

(3) Submit to the OPLC the completed supervision form.

(b) An occupational therapy assistant shall submit a revised or additional supervision form to the OPLC:

(1) Within 30 days of the date of change each time there is a change in the person providing supervision to the assistant; and

(2) Whenever the occupational therapy assistant begins work for any other employer as an occupational therapy assistant.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.09); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.09)

Occ 405.10 Supervision Form.

(a) The “Supervision Form” shall be submitted by applicants seeking renewal of their occupational therapy assistants license to document their supervision.

(b) The “Supervision Form” shall:

(1) Include the information specified in (c) and (d), below and;

(2) Be signed and dated by the supervisor below the following preprinted statement which asserts:

“By signing this form I state that I have read and understood the applicable rules of supervision and 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.”

(1) The name and license number of the person being supervised;

(2) A description of the purpose of the supervision; and

(3) The name, mailing address, and telephone number of the place of employment of the person being supervised.

(d) The subsequent section of the “Supervision Form” shall be completed by the supervisor and shall include:

(1) The name, profession, license number, and state of licensure of the supervisor;

(2) The name, mailing address, and telephone number of the supervisor’s place of employment;

(3) The name, location, and phone number of the site where the supervision will take place; and

(4) The dates the supervision started and ended.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 408.10); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.10)

Occ 405.11 Licensees' Delegation of Supportive Tasks to Unlicensed Individuals.

(a) A licensee shall delegate supportive tasks to an unlicensed individual only when:

(1) The anticipated outcome of such tasks is predictable;

(2) The client and the client's environment are sufficiently stable that judgment, interpretations, and adaptations by the unlicensed individual will not be required;

(3) The client has previously demonstrated some ability to perform the client's part of the tasks; and

(4) The licensee has taught the unlicensed individual the delegated tasks or is satisfied on the basis of a demonstration that the unlicensed individual is competent to perform the tasks.

(b) When delegating supportive tasks to an unlicensed individual the licensee shall ensure that the unlicensed individual:

(1) Is trained and able to demonstrate competence in carrying out the supportive tasks and in using any equipment which might be required;

(2) Has been instructed in how to carry out the supportive tasks with the particular client involved; and

(3) Knows the precautions, signs, and symptoms for that particular client which would indicate the need to seek assistance from the licensee.

(1) Directly supervise the unlicensed individual when that individual performs tasks of client care during the treatment of an occupational therapy client; and

(2) Indirectly supervise the unlicensed individual at all other times.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; renumbered by #13417 (formerly Occ 408.11); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.11)

Occ 405.12 Administrative Obligations of Licensees. Licensees shall:

(a) Maintain their current business address, home addresses, and e-mail address with the OPLC;

(b) Notify the OPLC of any change in addresses listed in (a) above no later than 30 days from the date of the change; and

Source. #8896, eff 6-7-07; ss by #9951-A, eff 6-29-11; ss by #10283, eff 2-28-13; renumbered by #13417 (formerly Occ 408.13); ss by #14478, eff 3-13-26, EXPIRES: 3-13-36 (formerly Occ 407.12)

PART Occ 406 MAINTENANCE OF CONTINUING COMPETENCE

Occ 406.01 Definitions. In Occ 406 the following terms shall have the following meanings:

(a) "American Occupational Therapy Association (AOTA)" means the national professional association of occupational therapists, occupational therapy assistants and students of occupational therapy, organized with the purpose to advance the quality, availability, use, and support of occupational therapy through standard-setting, advocacy, education, and research on behalf of its members and the public.

(b) "Certification in Hand Therapy (CHT)" means a certification issued by the hand therapy certification commission, a non-profit corporation which sponsors a credentialing program for occupational therapists and physical therapists who specialize in upper-extremity rehabilitation.

(d) “Continuing professional education or professional activity" means structured courses, activities and experiences beyond entry-level professional preparation that are designed to provide advanced or enhanced knowledge in the field of occupational therapy.

(e) "Distance-learning" means electronic participation in continuing competence activities described in Occ 406.02(d) so long as the participation can be proven with the appropriate document described in Occ 406.

(f) "Level II fieldwork student" means a student who is in the clinical component of his or her academic program and is provided with the opportunity to integrate academic knowledge with the application of therapeutic skills in a supervised practice setting.

(g) “Maintenance of continuing competence” means using a dynamic multidimensional process to develop and maintain for the purpose of performing professional responsibilities the following abilities:

(1) Knowledge;

(2) Performance skills;

(3) Interpersonal abilities;

(4) Critical reasoning; and

(5) Ethical reasoning.

(h) "Certification in neurodevelopmental treatment (NDT)" means a certification issued by the Neurodevelopmental Treatment Association, a non-profit corporation which sponsors certification courses for occupational therapists and physical therapists who specialize in neurodevelopmental treatment.

(i) "Universal precaution education" means didactic education addressing infectious diseases, including but not limited to, HIV and hepatitis B, and addressing the precautions to be taken when such diseases are present in clients.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.02 Maintenance of Continuing Competence.

(a) Licensees intending to renew their licensure shall maintain continuing competence by:

(1) Completing 24 contact hours of continuing professional education per biennium in accordance with (d) below if they are renewing:

a. An initial license issued in an even-numbered year; or

b. A license already renewed at least once; or

(2) Completing 6 contact hours of continuing professional education in accordance with (d) below if they are renewing an initial license issued between January 1 and August 31 in an odd-numbered year.

(b) At least one half of the contact hours required by (a) above shall relate directly to the clinical application of occupational therapy and these hours shall be considered clinical hours.

(c) The balance of the contact hours required by (a) above shall relate to general occupational therapy theory and practice, including, but not limited to, supervision and consultation skills, curriculum development and trans-disciplinary issues or skills.

(d) Continuing competence shall be accumulated through on-site, distance-learning or other participation in the following activities related to occupational therapy:

(1) Maintenance of current NBCOT certification, as further described in Occ 406.03

(2) Receipt of academic instruction and non-academic conferences, courses, and workshops in occupational therapy, as further described in Occ 406.04;

(3) Facility-based in-service training as related to the practice of occupational therapy, as further described in Occ 406.05;

(4) Informal independent study as further described in Occ 406.06;

(5) Formal mentored independent study as further described in Occ 406.07;

(6) Direct supervision of fieldwork, as further described in Occ 406.08;

(7) Employer-required peer review activities, as further described in Occ 406.09;

(8) Publication of writing related to occupational therapy, as further described in Occ 406.10;

(9) Public professional presentations relating to occupational therapy, as further described in Occ 406.11;

(10) Participation in an occupational therapy research project, as further described in Occ 406.12;

(11) Specialty certifications, as further described in Occ 406.13;

(12) Product development, as further described in Occ 406.14;

(13) Participation in the work of professional boards, committees, and agencies, as further described in Occ 406.15;

(14) Cardiopulmonary certification or re-certification, as further described in Occ 406.16; and

(15) Receipt of universal precaution education, as further described in Occ 406.17.

Source. #8896, eff 6-7-07; ss by #10283, eff 2-28-13; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.03 Maintenance of NBCOT Certification.

(a) The board shall recognize as maintenance of continuing competence a licensee's maintenance of current NBCOT certification.

(b) Maintenance of NBCOT certification shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the biennium.

(c) Documentation of maintenance of continuing competence for NBCOT certification shall be a photocopy of the front and back of the certificate issued by NBCOT.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.04 Receipt of Academic Course Work, AOTA Approved Programs, and Non-Academic Conferences, Courses, and Workshops in Occupational Therapy.

(a) The Board shall recognize academic coursework and documentation as follows:

(1) Receipt of academic course work shall be a licensee's completion of academic course work in occupational therapy sponsored and assigned credit by a college or university;

(2) Credit for academic course work shall be 15 contact hours for each credit hour of academic course work; and

(3) Documentation of successful completion of academic course work shall be:

a. An official transcript showing successful completion of the course and the date of the course; and

b. One of the following descriptions of the course:

1. The description of the course copied from the college or university catalogue; or

2. The course syllabus.

(b) The board shall recognize AOTA approved provider programs and documentation as follows:

(1) Credit for AOTA approved programs shall be a licensee's completion of any continuing education program given by a provider approved by AOTA.

(2) Credit for completing an AOTA approved program shall be the contact hours attributed to the program by the provider.

(3) Documentation of attendance at programs of AOTA-approved providers shall be an official certificate showing:

a. The licensee’s name;

b. The name and location of the program;

c. The name of the provider;

d. The beginning and ending date(s) of the program;

e. The name of the speaker or instructor;

f. The number of hours credited by the provider; and

g. The signature of the representative of the provider or sponsoring entity.

(1) Credit for shall be completion of courses, seminars, conferences and workshops not described by (a) or (b) above if they are primarily on the topics of:

a. Occupational therapy theory or practice or both; or

b. Any conditions for which occupational therapy is often or usually recommended;

(2) Each clock hour of attendance at such courses, seminars, conferences, and workshops shall equal one contact hour.

(3) Documentation of attendance at non-academic courses, seminars, conferences, and workshops shall be an official certificate showing:

a. The licensee’s name;

b. The name and location of the course, seminar, conference, or workshop;

c. The name of the sponsoring entity;

d. The beginning and ending date(s) of the course, seminar, conference, or workshop;

e. The name of the speaker or instructor;

f. The number of hours credited by the sponsoring entity; and

g. The signature of the speaker, the instructor or sponsoring entity.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.05 Facility-Based In-Service Training as Related to the Practice of Occupational Therapy.

(a) The board shall recognize as maintenance of continuing competence a licensee's participation in, or attendance at, a facility-based in-service training as related to the practice of occupational therapy consisting in an informal exchange of information at a staff meeting of 2 hours or less.

(b) The board shall credit the licensee with one contact hour for each clock hour of participation or attendance, to a maximum of 8 contact hours.

(c) Documentation of participation in facility-based occupational therapy in-service training shall be a memo from the occupational therapy supervisor of the facility showing:

(1) The licensee's name;

(2) The name of the facility and the topic of the in-service training;

(3) The name of the speaker or instructor, if any; and

(4) The date of the in-service training and the licensee's hours of attendance.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.06 Informal Independent Study.

(a) The board shall recognize informal independent study in occupational therapy as maintenance of continuing competence.

(b) Informal independent study shall include but not be limited to:

(1) Reading occupational therapy-related books and journals; and

(2) Viewing video recorded occupational therapy-related information.

(c) The board shall credit the licensee with one contact hour for every 2 clock hours of informal independent study to a maximum of 4 contact hours, provided that the licensee writes a report of the major theses of the book, journal, video recorded information.

(d) Documentation of informal independent study shall be:

(1) The licensee’s signed written statement setting forth, for each item read or video viewed:

a. The title of the item read or video viewed;

b. The author and publisher of the item read or video viewed;

c. The clock hours spent in reading or viewing; and

d. The date of completion of the reading or viewing; and

(2) The licensee's report of the major thesis of the item read or viewed.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.07 Formal Mentored Independent Study.

(a) The board shall recognize formal mentored independent study in occupational therapy as maintenance of continuing competence so long as the study is performed under a written and signed mentorship agreement setting forth:

(1) The name of the mentor; and

(2) The goals and objectives to be met by the mentored licensee during the course of his or her study.

(b) The board shall credit the licensee with one contact hour for every 2 clock hours of formal mentored independent study, to a maximum of 4 contact hours.

(1) A copy of the signed mentorship agreement; or

(2) The licensee's signed written statement describing the mentor-assigned study showing:

a. The dates of the study;

b. The hours spent on the study; and

c. The focus and outcome of the study.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.08 Direct Supervision of Fieldwork.

(a) The board shall recognize as maintenance of continuing competence the direct supervision of fieldwork when the licensee acts as the primary fieldwork instructor for a level I or level II fieldwork student.

(b) The board shall credit the licensee with one contact hour per one week of supervision per student supervised, to a max of 14 contact hours.

(c) Documentation of direct supervision of field work shall be a memo signed by the supervisor of the facility where the fieldwork was supervised, specifying:

(1) The name of the licensee;

(2) The fieldwork student's school; and

(3) The beginning and ending dates of the licensee's supervision of the student's fieldwork.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.09 Employer-Required Peer Review Activities.

(a) The board shall recognize as maintenance of continuing competence employer-required peer review activities, including such activities by the licensee as peer ratings, chart audits and direct observation of the work of the licensee's peers.

(b) The board shall credit the licensee with one contact hour for each peer review activity, to a maximum of 4 contact hours.

(c) Documentation of employer-required peer review activities shall be a memo signed by the facility supervisor specifying:

(1) The name of the licensee;

(2) The peer review activity or activities of the licensee; and

(3) The dates of the activity or activities.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.10 Publication of Writing Related to Occupational Therapy.

(a) The board shall recognize publication of writing related to occupational therapy, including books, peer-reviewed and non-peer-reviewed chapters of books and peer-reviewed and non-peer-reviewed articles, as maintenance of continuing competence.

(b) The board shall credit the licensee as follows for no more than 2 published writings:

(1) For a book, 12 contact hours;

(2) For a peer-reviewed chapter of a book or a peer-reviewed article, 6 contact hours; and

(3) For a non-peer reviewed chapter or article, 4 contact hours.

(1) The title of the writing;

(2) The date of publication; and

(3) The licensee's part or full authorship of the published writing.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.11 Public Professional Presentations Relating to Occupational Therapy.

(a) The board shall recognize public professional presentations relating to occupational therapy, including workshops, lectures, poster presentations, and in-service trainings, as maintenance of continuing competence.

(b) The board shall credit the licensee with 2 contact hours for each clock hour of a public presentation and 2 contact hours per poster presentation, to a maximum of 12 contact hours, provided that, if the licensee gives substantially the same public presentation more than once, the board shall credit the licensee for only a single presentation.

(1) A copy of the official program of the presentation; or

(2) Written verification signed by a representative of the program's sponsor showing:

a. The title of the presentation;

b. The name of the licensee as presenter;

c. The date of the presentation;

d. The hours during which the presentation took place; and

e. The type of audience attending the presentation.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.12 Participation in an Occupational Therapy Research Project.

(a) The board shall recognize participation in an occupational therapy research project as maintenance of continuing competence.

(b) The board shall credit the licensee with one contact hour for every 4 clock hours spent on a research project, to a maximum of 8 contact hours.

(c) Documentation of participation in an occupational therapy research project shall be a statement signed by either the principal investigator or a representative of the grant sponsor showing:

(1) The name of the research project;

(2) The beginning and ending dates of the licensee's participation; and

(3) The licensee's role in the research project.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.13 Specialty Certifications.

(a) The board shall recognize as maintenance of continuing competence the receipt during the biennium by a licensee of:

(1) An initial AOTA board certification in:

a. Geriatrics;

b. Mental health;

c. Pediatrics; or

d. Physical disabilities;

(2) An initial AOTA specialty certification;

(3) An initial certification in neurodevelopmental therapy; or

(4) A certification in hand therapy.

(b) The board shall credit the licensee with 12 contact hours for a board certification named in (a)(1) above, to a maximum of 12 contact hours.

(c) The board shall credit the licensee with one contact hour for each 4 clock hours the licensee spent in preparation for a specialty certification named in (a)(2) above, to a maximum of 12 contact hours.

(d) Receipt of initial certification in neurodevelopmental therapy shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the biennium.

(e) Receipt of certification in hand therapy shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the current biennium and the following biennium.

(f) Documentation of receipt of a certification shall be a photocopy of the front and back of the certificate.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.14 Product Development.

(a) The board shall recognize as maintenance of continuing competence the development of a product related to occupational therapy and disseminated by a manufacturer, distributor, publisher or government agency.

(b) The board shall credit the licensee with 4 contact hours for the development of a product described in (a) above, to a maximum of 4 contact hours.

(c) Documentation of product development shall be a letter or other written statement from the disseminating entity acknowledging the licensee as the developer.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.15 Participation in the Work of Professional Boards, Committees and Agencies.

(a) The board shall recognize as maintenance of continuing competence the participation by a licensee in the work of a board or committee of a professional occupational therapy organization or government agency.

(b) The board shall credit the licensee with 2 contact hours for each board, committee or agency served, to a maximum of 4 contact hours.

(1) Issued by:

a. The authority appointing the licensee to the board, committee or agency; or

b. The board, committee or agency served by the licensee.

(2) That states:

a. The appointment of the licensee to the board, committee or agency; or

b. The fact of the licensee's participation and the beginning and ending dates of the licensee's service.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (see Revision Note at chapter heading for Occ 400)

Occ 406.16 Cardiopulmonary Certification or Re-certification.

(a) The board shall recognize as maintenance of continuing competence a licensee's certification or re-certification in cardiopulmonary resuscitation.

(b) The board shall credit the licensee with one contact hour for each clock hour spent in preparation for certification or re-certification in cardiopulmonary resuscitation, to a maximum of 4 contact hours.

(c) Documentation of cardiopulmonary certification or recertification shall be a photocopy of the front and back of the certificate showing date of issuance.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 406.18) (see Revision Note at chapter heading for Occ 400)

Occ 406.17 Receipt of Universal Precaution Education.

(a) The board shall recognize as maintenance of continuing competence a licensee's receipt of infection control education.

(b) The board shall credit the licensee with one contact hour for each clock hour spent in receipt of infection control education, to a maximum of 2 contact hours.

(c) Documentation of universal precaution education shall be a photocopy of a certificate of attendance, or a statement signed by the supervisor of the facility where the education took place.

Source. #8896, eff 6-7-07; ss by #10902, eff 7-29-15; ss by #13417, eff 7-26-22 (formerly Occ 406.19) (see Revision Note at chapter heading for Occ 400)

CHAPTER Occ 500 ETHICAL STANDARDS

PART Occ 501 DEFINITIONS

Occ 501.01 "American Occupational Therapy Association, Inc. (AOTA)" means the entity recognized as the national professional organization of occupational therapists and occupational therapy assistants.

Source. #8275, eff 1-26-05; ss by #10282, eff 2-28-13; ss by #13678, eff 8-25-23

PART Occ 502 BINDING ETHICAL STANDARDS

Occ 502.01 AOTA Code of Ethics as Binding Ethical Standards.

(a) The ethical standards binding licensed occupational therapists and occupational therapy assistants shall be the Occupational Therapy Code of Ethics adopted and copyrighted in 2015 and revised 2020 by The American Occupational Therapy Association, Inc. as modified in (b) below, and available as noted in Appendix II.

(b) The preamble of the Occupational Therapy Code of Ethics adopted and copyrighted in 2020 by The American Occupational Therapy Association shall not be part of the ethical standards binding licensees.

Source. #8275, eff 1-26-05; ss by #9881, eff 3-2-11; ss by #12003, eff 10-14-16; ss by #13295, eff 11-30-21

Occ 502.02 Violation of Ethical Standards as Misconduct. Pursuant to RSA 328-F:23, II (c), a violation of the ethical standards shall constitute misconduct.

Source. #8275, eff 1-26-05; ss by #10282, eff 2-28-13; ss by #13678, eff 8-25-23

Appendix I

Rule	Specific State Statute the Rule Implements

Occ 101 through Occ 102	RSA 541-A:16, I(a)
Occ 103.01	RSA 328-F:4, V
Occ 103.02	2023, 79:281
Occ 103.03(a)	RSA 328-F:11(a)
Occ 103.03(b)	RSA 326-F:11(b)
Occ 103.03(c)	RSA 328-F:11(e)
Occ 103.03(d)	RSA 328-F:11(g)
Occ 103.04	RSA 541-A:16, I(a)
Occ 103.05	RSA 91-A:2, II; RSA 541-A:16, I(a)

Occ 200	RSA 541-A:16, I(b)-(d)
Occ 201.01	RSA 328-F:13

Occ 301.01	RSA 328-F:5, VI
Occ 301.02	RSA 326-C:1, I
Occ 301.03 – Occ 301.04	RSA 328-F:5, VI
Occ 302.01	RSA 310:6, II, RSA 328-F:11, I(a)
Occ 302.02 – Occ 302.03	RSA 328-F:11, I(a)
Occ 303.01	RSA 328-F:11, I(a); RSA 326-C:5, I(b)
Occ 303.02	RSA 326-C:6, I(b)
Occ 304.01	RSA 541-A:7
Occ 304.02 – Occ 304.04	RSA 326-C:7 and RSA 326-C:8, pursuant to 2021, 41 (HB 369-FN), eff. 7-16-21

Occ 401.01 – Occ 401.04	RSA 541-A:16, I(b
Occ 402.01	RSA 326-C:6, I
Occ 402.02	RSA 310:8
Occ 402.03	RSA 328-F:11, I(c)
Occ 403.01	2023, 79:281, XIV
Occ 404.01 – Occ 404.06	RSA 328-F:11, I(d)
Occ 405.01	RSA 541-A:16, I(b)
Occ 405.02	RSA 326-C:2
Occ 405.03 – Occ 405.05	RSA 328-F:11, II(a)
Occ 405.06 – Occ 405.10	RSA 326-C:7, II, III
Occ 405.11	RSA 328-F:11, II(a)
Occ 405.12	RSA 328-F:21
Occ 406	RSA 328-F:11, I(b); RSA 326-C:6, I(b)

Occ 501	RSA 541-A:7
Occ 501.01	RSA 328-F:11, II (b)
Occ 502.01	RSA 328-F:11, II(b)
Occ 502.02	RSA 328-F:23, II(c)

Appendix II

Incorporation by Reference Information

Rule

Title

Obtain at:

Occ 502.01(a)

American Occupational Therapy Association, Inc.

AOTA 2020 Occupational Therapy Code of Ethics

(Copyrighted in 2015 and revised 2020)

The American Occupational Therapy Association, Inc.

Online https://ajot.aota.org/article.aspx?articleid=2767077

Cost: None

Any questions or information requests can be directed to the Office of Licensed Allied Health Professionals by calling 603-271-2152