CHAPTER Phy 300  REQUIREMENTS FOR INITIAL LICENSURE

 

REVISION NOTE:

 

          Document #12864, effective 9-10-19, adopted readopted, repealed, or readopted with most of the rules in Chapter Phy 300.  Document #12864 repealed the following rules, which required extensive renumbering of other existing rules within Parts Phy 303, Phy 304, and Phy 307.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

 

Phy 303.03  Effect of Signature

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

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

 

Phy 304.02  Multipart License Application Form

Phy 304.03  Effect of Notarized Signature

 

Phy 307.02  Issuance of Full Licenses to Conditional Licensees

Phy 307.05  Supervision Form

 

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Phy 304.05 titled “Letters of Reference” had been adopted by Document #9233, effective 8-22-08, and had already been repealed by Document #10401, effective 8-23-13, and so was not included in Document #12864.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

 

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  The prior filings affecting the repealed rules in Parts Phy 303, Phy 304, and Phy 307 included the following documents:

 

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

#9233, effective 8-22-08

#10933, effective 9-18-15

 

Phy 303.06

#9430, effective 3-19-09

#9653, effective 2-5-10

#12087, effective 1-20-17

 

Phy 304.02

#9233, effective 8-22-08

#10060, effective 12-23-11

#10041, effective 8-23-13

#10933, effective 9-18-15

 

PART Phy 301  SCOPE

 

          Phy 301.01  Scope.

 

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

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

PART Phy 302  DEFINITIONS

 

          Phy 302.01  “American Physical Therapy Association (APTA)” means a national professional organization with the goal to foster advancements in physical therapy practice, research, and education, or its successor.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 (formerly Phy 302.02)

 

          Phy 302.02  “Commission on Accreditation in Physical Therapy Education (CAPTE)” means the component of the American Physical Therapy Association that establishes the core requirements for physical therapy education and accredits programs of physical therapy education, or its successor.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 (formerly Phy 302.03)

 

          Phy 302.03  “Continuing competency” means, in the one year prior to filing an application for initial license, the applicant has completed a minimum of 24 hours of activity to include any of the following :

 

          (a)  Receipt of academic instruction in physical therapy, as further described in Phy 406.02;

 

          (b)  Non-academic courses, seminars, conferences, and workshops, as further described in Phy 406.03;

 

          (c)  Facility-based physical therapy in-service training, as further described in Phy 406.04;

 

          (d)  Formal mentored independent study, as further described in Phy 406.05;

 

          (e)  Publication of writing related to physical therapy, as further described in Phy 406.08;

 

          (f)  Professional presentations relating to physical therapy made to other professionals or the public, as further described in Phy 406.09;

 

          (g)  Participation in a physical therapy research project, as further described in Phy 406.10;

 

          (h)  Participation in the work of professional boards, committees, and agencies, as further described in Phy 406.11;

 

          (i)  Receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, and annual training, as further described in Phy 406.13;

 

          (j)  Journal study, as further described in Phy 406.14;

 

          (k)  Teaching physical therapy, as further described in Phy 406.12; and

 

          (l)  New Hampshire jurisprudence assessment module described in Phy 406.15.

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 302.10  “National Physical Therapy Examination for Physical Therapist Assistants” means the examination developed by the  FSBPT to test entry-level competence for physical therapist assistants, or its successor.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 302.11  “National Physical Therapy Examination for Physical Therapists” means the examination developed by the  FSBPT to test entry-level competence for physical therapists, or its successor.

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

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

 

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

 

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

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

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

 

          Phy 303.01  Method of Applying for the National Physical Therapy Examination.  Those seeking to apply for initial licensure as a physical therapist or physical therapist assistant in New Hampshire shall register directly with the testing organization, as required by Plc 303.03 to take the national physical therapy examination for physical therapists or the national physical therapy examination for physical therapist assistants, as applicable.   

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 303.02  Request for Reasonable Accommodation for Disability in the Administration of the National Physical Therapy Examination.  Applicants seeking reasonable accommodations for disabilities in the administration of the national physical therapy examination shall do so through the FSBPT.  

 

Source.  #9369, eff 1-24-09; ss by #9545, eff 9-19-09; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 303.03  Re-Taking the National Physical Therapy Examination.  Individuals seeking to retake the national physical therapy or physical therapy assistant examination shall register through the FSBPT.

 

Source.  #9430, eff 3-19-09; ss by #9653, eff 2-5-10; ss by #12087, eff 1-20-17 (formerly Phy 303.05); ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 

 

          Phy 303.04  Jurisprudence Assessment Module.

 

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

 

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

 

          (c)  The jurisprudence assessment module shall be:

 

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

 

(2)  Open book;

 

(3)  Available on a secure website; and

 

(4)  Taken individually without consulting others.

 

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

 

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

 

Source.  #9869, eff 2-18-11; ss by #10724, eff 11-22-14; ss by #12864, eff 9-10-19 (formerly Phy 303.07); ss by #14563, eff 6-20-26, EXPIRES: 6-20-36  

 

PART Phy 304  INITIAL LICENSURE APPLICATION PROCEDURES

 

          Phy 304.01  Method of Applying for Initial Licensure.  Applicants who wish, after passing the applicable national physical therapy examination, to apply for initial licensure as a physical therapist or a physical therapist assistant shall do so by completing and submitting:

 

          (a)  The “Universal Application for Initial License” required by Plc 304.01,  by providing the information specified by Plc 304.03;

 

          (b)  The additional information and documentation specified by Plc 304.04;

 

          (c)  The criminal history records check required by RSA 328-F:18-a; and

 

          (d)  The initial license fee required by Plc 1002.39.

 

Source.  #9233, eff 8-22-08 ss by #10724, eff 11-22-14; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 304.02  Materials Required to Accompany the License Application Form.  At the time that applicants for initial licensure submit their completed license application form, they shall submit the “Addendum to the Universal Application for Initial License - Physical Therapists and Physical Therapy Assistants” revised 4/2026, mark the box for the license type the applicant is applying for, either  “Physical Therapist” or “Physical Therapy Assistant”, and attest that:

 

          (a)  If the applicant is required by Phy 306.04 to take and pass a test of English language proficiency, the applicant’s examination scores have been sent directly to the office of professional licensure and certification (OPLC) by the Educational Testing Service;

 

          (b)  The applicant’s examination scores have been sent directly to the OPLC by FSBPT; and

 

          (c)  The passing scores on the jurisprudence assessment module have been sent directly to the OPLC by the FSBPT.

 

Source.  #9233, eff 8-22-08; ss by #9429, eff 3-19-09; ss by #9653, eff 2-5-10; ss by #9869, eff 2-18-11; ss by #10060, eff 12-23-11; ss by #10401, eff 8-23-13; ss by #10724, eff 11-22-14; ss by #12864, eff 9-10-19 (formerly Phy 304.04); ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 

 

REVISION NOTE:

 

Document #14563, effective 6-20-26, repealed Part Phy 305.02 through Phy 305.05 in Chapter Phy 300, titled “Issuance of Full Initial Licenses”, “Issuance of Conditional Licenses”, “Demonstration of Continuing Competence by Those Applying 12 or More Months After Passing the Examination”, and “Demonstration of Continuing Competence by Those Applying for Initial Licensure 12 or More Months After Passing the Applicable National Examination When Not Active in the Profession”.

 

Document #14563, effective 6-20-26, repealed Part Phy 309.02 through Phy 309.04 in Chapter Phy 300, titled “Restriction on Temporary Licenses”, “Basic Eligibility Requirements for Temporary Licenses”, and “Issuance and Expiration of Temporary Licenses”.

 

PART Phy 305  QUALIFICATIONS FOR INITIAL LICENSURE

 

          Phy 305.01  Eligibility Requirements for Initial Licensure.

 

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

 

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

 

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

 

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

 

c.  Any information about the applicant’s licenses or other authorizations to practice physical therapy; and

 

d.  The criminal history record reports required by RSA 328-F:18-a. 

 

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

 

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

 

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

 

(5)  Have met the continuing competency requirements as defined  in Phy 302.03.

 

          (b)  Pursuant to RSA 332-G:7, the board shall consider military experience applicable to the education of physical therapists or physical therapist assistants when determining whether an applicant meets the educational or experience requirements for licensure.

 

Source.  #9233, eff 8-22-08; ss by #9429, eff 3-19-09; ss by #9869, eff 2-18-11; ss by #10401, eff 8-23-13; ss by #10724, eff 11-22-14; amd by #10933, eff 9-18-15; ss by #12087, eff 1-20-17; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 

 

PART Phy 306  EDUCATIONAL REQUIREMENTS FOR INITIAL LICENSURE

 

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

 

          (a)  Approved by CAPTE;

 

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

 

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

 

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

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 306.02  Educational Requirements for Applicants Educated in Physical Therapy Outside of the United States.  Applicants for initial licensure as physical therapists or physical therapy assistants who have been educated outside of the United States shall submit with the application an evaluation of the applicant’s credentials by the Foreign Credentialing Commission on Physical Therapy (FCCPT), available at https://www.fccpt.org/ as required by Plc 303.03(b).  

 

Source.  #9233, eff 8-22-08; ss by #10933, eff 9-18-15; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36

 

          Phy 306.03  English Language Proficiency Testing Requirement.

 

          (a)  Applicants for initial licensure as physical therapists and physical therapist assistants whose native language is not English and have been educated outside the United States in programs not approved by CAPTE shall have taken and passed one of the tests of English language proficiency described in (b) and (c) below by registering directly with the testing organization as required by Plc 303.06.

 

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

 

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

 

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

 

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

 

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

 

(1)  With an overall score of 89; and

 

(2)  With the following subtest scores:

 

a.  Writing with a score of 22;

 

b.  Speaking with a score of 24;

 

c.  Reading comprehension with a score of 22; and

 

d.  Listening comprehension with a score of 21.

 

Source.  #9233, eff 8-22-08 (from Phy 306.03); ss by #10202, eff 10-19-12; ss by #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 (formerly Phy 306.04)

 

PART Phy 307  PHYSICAL THERAPY COMPACT

 

          Phy 307.01  Physical Therapy Compact.  The board shall comply with all rules of the Physical Therapy Compact Commission, which includes the “Physical Therapy Compact Commission Rules”, effective June 17, 2024, and available as noted in Appendix II.

 

Source.  #12696, eff 12-27-18; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 (formerly Phy 308.01)

 

PART Phy 308  TEMPORARY LICENSES 

 

          Phy 308.01  Temporary Licenses for Health Care Professionals.   

 

          (a)  Any individual who has an active, unencumbered license in good standing in another U.S. jurisdiction not covered by Plc 313.47, and who wishes to practice the profession in New Hampshire and has applied for or is applying for a regular license pursuant to Plc 304 shall provide the information, signature, and attestation required pursuant to Plc 305.03,  Plc 305.04,  and Plc 305.05.

 

          (b)  Applications for temporary licensure shall be processed as required by Plc 305.06.

 

          (c)  A temporary license issued  pursuant to Plc 305.06 shall remain valid as stated in Plc 305.07.

 

Source.  #12864, eff 9-10-19; ss by #14563, eff 6-20-26, EXPIRES: 6-20-36 (formerly Phy 309.01)

 

          Phy 308.02  Temporary Licensure for Military Service Members and Spouses.  Individuals on active military duty and military spouses may seek a temporary license under Plc 305 or Plc 306.

 

Source.  #14563, eff 6-20-26, EXPIRES: 6-20-36

 


APPENDIX I

 

Rule

Statute

 

 

Phy 301

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

Phy 301.01

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

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

Phy 302

RSA 541-A:7

Phy 303.01

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

Phy 303.02

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

Phy 303.03

RSA 541-A:7

Phy 303.04

RSA 541-A:16, I(b)

Phy 303.05

RSA 328-A:7, IV

Phy 303.06

RSA 328-A:7, IV

Phy 303.07

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

Phy 304.01

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

Phy 304.02

RSA 328-F:11, I(f)

Phy 304.03

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

Phy 304.04

RSA 328-F:11, I(a)

Phy 305.01

RSA 328-F:11, I(c)

Phy 305.01(a)

RSA 328-F:5, I(a)

Phy 305.01(b)

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

Phy 305.01(c)

RSA 328-A:5, II(g)

Phy 305.01(d)

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

Phy 305.02

RSA 541-A:16, I(b)

Phy 305.03

RSA 328-F:18, III

Phy 305.04

RSA 328-F:18, III

Phy 305.05

RSA 328-F:18, III

Phy 306.01

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

Phy 306.02

RSA 328-A:5, II(c)

Phy 307

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

Phy 308

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

 

 

Appendix II

 

Rule

Material to be Incorporated

Available

Phy 308.01

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

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