CHAPTER Phy 400 CONTINUED STATUS

PART Phy 401 DEFINITIONS

Phy 401.01 “Active in the profession" means having engaged in physical therapy:

(a) As:

(1) A licensed physical therapist or physical therapist assistant providing physical therapy interventions in a clinical setting;

(2) A physical therapy educator;

(3) A physical therapy administrator;

(4) A physical therapy consultant;

(5) A student enrolled full time in an advanced physical therapy degree program; or

(6) A physical therapy researcher; and

(b) At the rate of 200 hours during each 24 months immediately preceding the completed application.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 401.02 "American Board of Physical Therapy Residency & Fellowship Education (ABPTRFE)" means the entity that sets the standards by which clinical residency and clinical fellowship programs are conducted.

Source. #9456, eff 4-17-09; ss by #10061, eff 12-25-11, EXPIRED: 12-23-21

New. #13825, eff 2-17-24

Phy 401.03 "Clinical fellowship" means a planned program of post professional clinical and didactic education:

(a) For physical therapists who demonstrate clinical expertise, prior to commencing the program, in a learning experience, in an area of clinical practice related to the practice focus of the fellowship; and

(b) In which a fellowship program is designed to provide greater depth in a specialty or subspecialty area than that which is covered in a residency program.

Source. #9456, eff 4-17-09; ss by #10061, eff 12-25-11, EXPIRED: 12-23-21

New. #13825, eff 2-17-24

Phy 401.04 "Clinical residency" means a planned program of post professional clinical and didactic education for physical therapists that:

(a) Advances the physical therapist resident's preparation as a provider of patient care services in a defined area of clinical practice; and

(b) Advances a resident's expertise in examination, evaluation, diagnosis, prognosis, intervention, and management of patients in a defined area of clinical practice, a specialty.

Source. #10061, eff 12-25-11, EXPIRED: 12-23-21

New. #13825, eff 2-17-24

Phy 401.05 “Contact hour” means a unit of continuing professional education equal to one tenth of a continuing education unit when continuing education is reported in terms of continuing education units.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.02); ss by #12088, eff 1-20-17

Phy 401.06 “Continuing education unit (CEU)” means a measure of continuing education sometimes used to report continuing education achieved.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.03); ss by #12088, eff 1-20-17

Phy 401.07 “Continuing professional education or professional activity” means structured courses, activities, and experiences beyond entry-level professional preparation that are designed to maintain knowledge of advancements and enhancements in the field of physical therapy.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.04); ss by #12088, eff 1-20-17

Phy 401.08 “Direct personal supervision” means supervision during which the supervisor is physically present in the room and observes, directs, and supervises tasks related to client management continuously throughout the time that the tasks are performed.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.05); ss by #12088, eff 1-20-17

Phy 401.09 “Direct supervision” means “direct supervision” as defined in RSA 328-A:2, IV, namely, “that the physical therapist is physically present and immediately available for direction and supervision.”

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.06); ss by #12088, eff 1-20-17

Phy 401.10 “Distance-learning” means electronic participation in continuing professional education or activity so long as the participation can be documented in accordance with Phy 406.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.07); ss by #12088, eff 1-20-17

Phy 401.11 “Federation of State Boards of Physical Therapy (FSBPT)” means the entity that develops the national examination for physical therapists and physical therapist assistants.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.08); ss by #12088, eff 1-20-17

Phy 401.12 “General supervision" means "general supervision" as defined in RSA 328-A:2, V, namely, "that the physical therapist is not required to be on-site for direction and supervision, but must be available at least by telecommunications."

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.09); ss by #12088, eff 1-20-17

Phy 401.13 “Maintenance of continuing competence” means using a dynamic multidimensional process to develop and maintain for the purpose of performing professional responsibilities the following abilities:

(a) Knowledge in the field of physical therapy;

(b) Physical therapy performance skills;

(d) Critical reasoning; and

(e) Ethical reasoning.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.10); ss by #12088, eff 1-20-17

Phy 401.14 "Practice of physical therapy" means "practice of physical therapy" as defined in RSA 328-A:2, XI, namely:

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

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

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

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

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.11); ss by #12088, eff 1-20-17

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.13); ss by #12088, eff 1-20-17;

Phy 401.15 “Physical therapy aide” means “Physical therapy aide” as defined in RSA 328-A:2, X, namely, “a support person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy.”

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.13); ss by #12088, eff 1-20-17; renumbered by #13825 (formerly 401.16)

Phy 401.16 “Renewal year” means 2 years from the date the license was issued.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.14); ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 401.17)

Phy 401.17 “Sexual misconduct” means engaging in one or more of the following activities with respect to a client:

(a) Engaging in or soliciting a sexual relationship with a client, whether consensual or non-consensual, while the physical therapist-client or physical therapist assistant-client relationship exists;

(b) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with a client; or

(c) Intentionally viewing a completely or partially disrobed client in the course of treatment if the viewing is not related to client diagnosis or treatment.

Source. #9456, eff 4-17-09; renumbered by #10061 (from Phy 401.15); ss by #12088, eff 1-20-17; renumbered by #13825 (formerly Phy 401.18)

PART Phy 402 PROCEDURES FOR RENEWING A LICENSE

Phy 402.01 License Renewal Procedure.

(a) A licensee wishing to renew their current license shall:

(1) Submit the completed “Universal Application for License Renewal” described in Plc 308.06;

(2) Submit the completed “Addendum to the Universal Renewal Application Form described in Plc 308.06” requiring a list of continuing education obtained for current renewal purposes including:

a. Beginning and ending dates;

b. Course or professional activity title;

c. Name of sponsor or provider;

d. Number of clinical hours;

e. Number of other hours;

f. The rule number that allows for the continuing education being claimed; and

g. The total number of hours obtained;

(3) Complete 24 contact hours of continuing competence requirements as described in Phy 406.01; and

(4) Take and pass the New Hampshire jurisprudence assessment module as described in Phy 402.03 in the year ending in “0” or “5”.

(b) Sign and date the application described in Phy 402.01(a)(1) as described in Plc 308.08.

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

Source. #9456, eff 4-17-09; ss by #10402, eff 8-23-13; ss by #13825, eff 2-17-24 (formerly Phy 402.02)

Phy 402.02 License Renewal Application Packet. Applicants for license renewal shall submit each of the following components of the application packet to the OPLC:

(a) The completed renewal application forms described in Phy 402.01(a) (1) and (2);

(b) The documents described in Phy 402.04; and

Source. #9456, eff 4-17-09; ss by #10402, eff 8-23-13; ss by #10725, eff 11-22-14; ss by #13825, eff 2-17-24 (formerly Phy 402.03)

Phy 402.03 New Hampshire Jurisprudence Assessment Module. Each individual licensed as a physical therapist or physical therapist assistant shall take and pass a New Hampshire jurisprudence assessment module as described below:

(a) The New Hampshire jurisprudence assessment module shall be taken each April, May, or June of years ending in “0” and “5”;

(b) Each individual licensed as a physical therapist shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through 500, and the American Physical Therapy Association (APTA) Code of Ethics for the Physical Therapist;

(c) Each individual licensed as a physical therapist assistant shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through 500, and the APTA Standards of Ethical Conduct for the Physical Therapist Assistant;

(d) The New Hampshire jurisprudence assessment module shall be developed and administered by the Federation of State Boards of Physical Therapy (FSBPT) and the results sent directly to the OPLC;

(e) The New Hampshire jurisprudence assessment module shall be open book and available on a secure web site;

(f) The New Hampshire jurisprudence assessment module shall be taken individually without consulting others; and

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

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 402.06)

Phy 402.04 Required Documents. Applicants for renewal of their licenses shall submit, or arrange for the OPLC to receive, the following materials:

(a) A detailed report of the relevant circumstances if any of the answers to questions from the application form specified in Plc 308.06(e) are in the affirmative;

(b) A completed “Physical Therapist and Physical Therapist Assistant Work History Form” requiring the following information for each company or organization worked at:

(1) Applicant’s name;

(2) Date of form completion;

(3) Name of company or organization;

(4) Company or organizations address;

(5) Company or organizations phone number;

(6) Supervisor’s name;

(7) Employment beginning date;

(8) Employment ending date;

(9) Number of hours worked per week; and

(10) Any comments the licensee deems relevant to the work history; and

(c) The passing scores on the most recently required New Hampshire jurisprudence assessment module as described in Phy 402.03.

Source. #9456, eff 4-17-09; ss by # 10061, eff 12-23-11; ss by #10203, eff 19-19-12; ss by #10402, eff 8-23-13; ss by #13825, eff 2-17-24 (formerly Phy 402.07)

Phy 402.05 The Renewal Application Processing Procedures.

(a) If the OPLC, after receiving and reviewing a completed license renewal application packet requires further information or documents to determine the renewal applicant's eligibility for a fully renewed license or a conditionally renewed license, the OPLC shall:

(1) So notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(b) An application for license renewal shall be considered to be completed when the OPLC has received:

(1) The completed application packet; and

(2) Any additional information or documents which may have been requested pursuant to (a) above.

(c) Within 60 days of the date that the renewal application is completed, the OPLC shall issue written approval of, or intent to deny, the application.

(d) A renewal applicant wishing to challenge the OPLC intent to deny the application for license renewal shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the OPLC:

a. Within 60 days of the OPLC’s notification of intent to deny; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from active duty, whichever occurs later.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 402.08)

Phy 402.06 Non-Completion of Maintenance of Continuing Competence Reported on the Renewal Form.

(a) Renewal applicants who reported on their renewal application form that they anticipated completing continuing professional education before their licenses lapses and did not complete the professional education shall:

(1) Report the cancellation to the OPLC no later than 15 days from the date of the cancellation;

(2) Give a detailed written explanation of why the renewal applicant could not complete the continuing education as reported on the renewal form;

(3) If the opportunity to complete continuing professional education was prevented by cancellation, provide proof of the cancellation; and

(4) Provide an explanation of how the licensee plans to meet the continuing education requirement.

Source. #10725, eff 11-22-14; ss by #13825, eff 2-17-24 (formerly Phy 402.09)

Phy 402.07 Non-Completion of the Requirement to Take and Pass the New Hampshire Jurisprudence Assessment Module Described in Phy 402.03.

(a) The licensees who failed to take or did not pass the New Hampshire jurisprudence assessment module described in Phy 402.03 in the months of April, May, or June or in a year ending in “0” or “5” shall:

(1) Notify the OPLC within 30 days; and

(2) Submit a written request to the OPLC to take the exam in a future month, which shall:

a. Be dated and signed by the licensee;

b. Contain a detailed explanation of why the licensee failed to take or did not pass the assessment module as described in Phy 402.03; and

c. Give a detailed plan of how the licensee shall insure the taking and passing of the New Hampshire jurisprudence assessment module during the time period described in the Phy 402.03 in the future.

(b) Upon receipt of the request, described in (a)(2) above, the OPLC shall within 60 days:

(1) Issue a letter granting the licensees request;

(2) Grant the licensees request and issue a letter explaining the board’s concerns that the licensee did not comply with Phy 402.03; or

(3) Issue a notice of hearing based on Phy 405.01.

(c) The licensee’s failure to take or pass the New Hampshire jurisprudence assessment module described in Phy 402.03 before their license is due to expire and who failed to comply with (a)(1) above, shall result in the issuance of a notice of hearing.

Source. #9456, eff 4-17-09; ss by #10725, eff 11-22-14 (from Phy 402.10); ss by #13825, eff 2-17-24 (formerly Phy 402.10)

Phy 402.08 Audit Procedure.

(a) On a random basis 10% of the renewal applications submitted in each renewal year shall be selected for an audit of completion of the maintenance of continuing competence required by Phy 406.01.

(b) If the board selects the licensee for an audit, the OPLC shall notify the licensee within 30 days of the date their license is renewed.

(c) Audited renewal applicants who reported on the renewal application form that they completed maintenance of continuing competence before their license expired shall:

(1) Submit a completed “Continuing Education Audit Form” requiring the following information for each course or activity completed:

a. Type of license held by the licensee;

b. Name of licensee;

c. License number;

d. Date form completed;

e. Address of the licensee;

f. Name of course or activity;

g. Beginning and ending date of course or activity;

h. Name of course or activity sponsor;

i. Number of clinical contact hours;

j. Number of non-clinical hours;

k. Type of activity;

l. Total number of clinical hours;

m. Total number of non-clinical contact hours; and

n. Total number of clinical and non-clinical contact hours;

(2) Submit, with the “Continuing Education Audit Form”, proof in the form of the documentation described in Phy 406; and

(3) Submit the materials in (1) and (2) above to OPLC within 30 days of the date on the letter provided on the letter notifying them they are being audited.

(d) Failure to submit proof of continuing education shall be as follows:

(1) If the licensee being audited fails to submit documentation of completion of continuing education the board shall apply the following:

a. If proof of continuing education is postmarked or hand delivered no more than 30 days after the deadline to submit the documents an administrative fine of $50.00 shall be imposed;

b. If proof of continuing education is postmarked or hand delivered between 31 and 60 days after the deadline to submit the documents an administrative fine of $100.00 shall be imposed; or

c. If proof of continuing education is not submitted as described in a. and b. above a notice of hearing shall be issued; and

(2) A licensee who has been assessed an administrative fine for failure to submit documentation of continuing education within the deadline described in Ph 402.08 (d)(1)a. and b. above and wishes to challenge the fine the licensee shall:

a. Make a written request for a hearing of the licensee’s challenge; and

b. Submit this request to the OPLC;

1. Within 30 days of the board’s assessment of the administrative fine; or

2. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from active duty, whichever occurs later.

(e) The OPLC shall forward all the materials collected for the licensee to the board. The board shall review the materials to determine if the licensee completed the maintenance of continuing education.

(f) If the board determines that the documents submitted pursuant to (c)(2) above do not support the renewal applicant's claim of maintenance of continuing competence, the board shall review the possibility that the renewal applicant made an error on the renewal application form or in submitting documents.

(g) In making the review called for by (e) above the board, through the OPLC, shall seek further information from the renewal applicant if doing so will aid in the review.

(h) If, having completed the review required by (e) above, the board believes that the renewal applicant made an error in reporting or in submitting documents and did not intentionally falsely report maintenance of continuing competence, the board shall:

(1) Require correction of the error; or

(2) If the error cannot be corrected, shall be issued a notice of hearing.

(i) If, having completed the review required by (f) above, the board believes that the renewal applicant has intentionally falsely reported maintenance of continuing competence, the board shall commence a disciplinary adjudicative proceeding in the manner required by Plc 200.

Source. #9456, eff 4-17-09; renumbered by #10725 (from Phy 402.07); ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 402.11)

Phy 402.09 Full Renewal of Licensure.

(a) A fully renewed licenses shall be issued by the OPLC to applicants who meet the basic application requirements in (b) below.

(b) The basic application requirements shall be:

(1) Maintenance of continuing competence as further described in Phy 406;

(2) Having not:

a. Violated RSA 328-A;

b. Violated RSA 328-F; or

c. Demonstrated poor moral character as evidenced by:

1. The answers to the questions in Plc 304.03(e); and

2. Any related documents submitted pursuant to Phy 402.04(a) or (b); and

(3) Having timely submitted the completed renewal application packet;

(4) Have taken and passed the New Hampshire jurisprudence assessment module described in Phy 402.03.

Source. #10402, eff 8-23-13; renumbered by #10725 (from Phy 402.08); ss by #13825, eff 2-17-24 (formerly Phy 402.12)

Phy 402.10 Conditional Renewal of Licensure for Those Not Active in the Profession.

(a) A conditionally renewed licenses shall be issued by the OPLC instead of fully renewed licenses to applicants who:

(1) Submit the documents described in Phy 402.04; and

(2) Apply for renewal less than 5 years after issuance of the original license without being active in the profession as defined in Phy 401.01.

(b) Conditionally renewed licenses shall:

(1) Remain valid for no more than 26 weeks unless their validity is extended pursuant to Phy 408.06 or Phy 408.07; and

(2) Limit the practice of a physical therapist or physical therapist assistant to the supervised practice described in Phy 408.03.

(c) In the case of applicants who have not been active in the profession for more than 6 years immediately preceding their renewal applications, the OPLC shall issue conditionally renewed licenses only if the applicants:

(1) Submit the documents described in Phy 402.04; and

(2) Have retaken and passed the National Physical Therapy Examination for either physical therapists or physical therapist assistants.

(d) Applicants who have retaken and passed the the National Physical Therapy Examination for either physical therapists or physical therapist assistants in accordance with (b)(2)a. above shall demonstrate that they have done so by arranging to have the examination scores sent directly to the OPLC by the FSBPT.

(e) Individuals holding conditionally renewed licenses shall comply with the rules set forth in Phy 408.

Source. #10725, eff 11-22-14 ss by #13825, eff 2-17-24

PART Phy 403 REINSTATEMENT OF LICENSES

Phy 403.01 Licenses Subject to Reinstatement.

(a) The following licenses shall be subject to reinstatement by the OPLC:

(1) Licenses suspended for disciplinary reasons or as part of a settlement pursuant to Plc 200 or as part of an order of the board; and

(2) Licenses lapsed pursuant to Phy 402.01(d).

(b) Reinstated licenses shall be:

(1) Fully reinstated, under the circumstances set forth in Phy 403.02, Phy 403.03, Phy 403.04; or

(2) Conditionally reinstated, under the circumstances set forth in Phy 403.05.

Source. #9431, eff 3-19-09; ss by #10061, eff 12-23-11

New. #13825, eff 2-17-24

Phy 403.02 Full Reinstatement of Licenses Suspended Pursuant to Disciplinary Rules. For licenses suspended for violations of disciplinary rules, the OPLC shall fully reinstate a license suspended for disciplinary reasons:

(a) In accordance with the terms of the settlement agreement or the disciplinary order of the board, as applicable;

(b) After receiving payment of the reinstatement fee set forth in Plc 1002.39; and

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 403.03)

Phy 403.03 Full Reinstatement of Licenses Lapsed For No More Than 90 Days. A fully reinstate licenses lapsed for no more than 90 days, shall be issued, if the applicants for reinstatement submit to the OPLC:

(a) A completed, dated, and signed “Universal Application for License Renewal” form described in Plc 308.06(b) and (d) through (g);

(b) Proof in accordance with Phy 406 of having completed any requirement for maintenance of continuing competence left uncompleted at the time the license lapsed;

(d) A completed “Physical Therapist and Physical Therapist Assistant Work History Form”, revised 10/2023, provided by the OPLC;

(e) A written statement that the reinstatement applicant has not engaged in physical therapy in New Hampshire on a volunteer or paid basis since the date that their license ceased to be valid;

(f) The New Hampshire jurisprudence assessment module described in Phy 303.04; and

(g) Submit transcripts as described in Phy 304.02(c) if not previously submitted.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 403.04)

Phy 403.04 Full Reinstatement of Certain Licenses Lapsed For More Than 90 Days. A fully reinstate licenses lapsed for more than 90 days shall be issued by the OPLC if:

(a) The licenses:

(1) Have been lapsed for no more than 4 years; or

(2) Have been lapsed for over 4 years but the reinstatement applicants have been active in the profession as defined in Phy 401.01 for the just preceding 4 years;

(b) The reinstatement applicants have not demonstrated poor moral character as evidenced by:

(1) The answers to the "yes-no" questions described in Plc 308.06(e);

(2) Any documents giving detailed reports of the relevant circumstances related to answers to such starred questions;

(3) Any criminal offender record reports received by the OPLC in compliance with Phy 403.06(d); and

(4) Any verifications received by the OPLC in compliance with Phy 403.06(e);

(d) The reinstatement applicants have submitted:

(1) A completed dated, and signed “Universal Application Form” and “Addendum to the Universal Renewal Application Form” described in Plc 308.06” as described in Phy 402.01(a)(1) and (2);

(2) The supporting materials described in Phy 403.06; and

(3) Submit transcripts as described in Phy 304.02(c); and

(e) The reinstatement applicant has taken and passed the New Hampshire jurisprudence assessment module as described in Phy 402.03.

Source. #9431, eff 3-19-09; ss by #10061, eff 12-23-11; ss by #10203, eff 10-19-12; ss by #10402, eff 8-23-13; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 403.05)

Phy 403.05 Conditional Reinstatement of Lapsed Licenses When Not Active in the Profession.

(a) The OPLC shall conditionally, rather than fully, reinstate licenses when they have not been active in the profession as defined in Phy 401.01 for the just preceding 4 years if the applicants:

(1) Have not demonstrated poor moral character as evidenced by:

a. The answers to the questions described in Plc 308.06(e);

b. Any documents giving detailed reports of the relevant circumstances related to answers to such starred questions;

c. Any criminal offender record reports received by the OPLC in compliance with Phy 403.06(d); and

d. Any verifications received by the OPLC in compliance with Phy 403.06(e);

(2) Have paid the reinstatement fee set forth in Plc 1002.39; and

(3) Have submitted:

a. A completed dated and signed reinstatement application form as further described in Phy 402.01(a)(1) and (2); and

b. The supporting materials described in Phy 403.06.

(b) In the case of applicants who have not been active in the profession for as long as 6 or more years preceding their reinstatement applications, the OPLC shall issue conditionally reinstated licenses only if the applicants have retaken and passed the National Physical Therapy Examination for either physical therapists or for physical therapist assistants.

Source. #9431, eff 3-19-09; ss by #9869, eff 2-18-11; ss by #10402, eff 8-23-13; ss by #13825, eff 2-17-24 (formerly Phy 403.06)

Phy 403.06 Supporting Materials. The materials supporting the reinstatement application shall be:

(a) A detailed report of the relevant circumstances if any of the answers to the "yes-no" questions described in Phy 308.06(e) are in the affirmative;

(b) A completed work history form, described in Phy 402.04(b), provided by the OPLC;

(1) Issued by each state where the applicant has resided or been licensed within the past 6 years, providing that such state will:

a. Send the report to the OPLC; or

b. To the applicant for forwarding to the OPLC;

(2) Covering the applicant under their name and any aliases; and

(3) Dated within the 6 months preceding the application for licensure;

(d) Unless the information sought is available only on a website, an official letter of verification sent directly to the OPLC from every state which has issued the applicant a license or other authorization to practice physical therapy since the lapse of the New Hampshire license, stating:

(1) Whether the license or other authorization is or was, during its period of validity, in good standing; and

(2) Whether any disciplinary action was taken against the license or other authorization to practice;

(e) A written statement that the reinstatement applicant has not engaged in physical therapy in New Hampshire on a volunteer or paid basis since the date that their license ceased to be valid;

(f) If applicable to the reinstatement applicant, proof in accordance with Phy 406 of having completed 24 contact hours of continuing education earned within the immediately preceding 2 years of submission of a completed application;

(g) If the reinstatement applicant re-took and passed the National Physical Therapy Examination for either physical therapists or for physical therapist assistants in order to meet the requirement in Phy 403.06(b), the applicant's examination scores sent directly to the OPLC by FSBPT;

(h) If the reinstatement applicant is eligible for conditional reinstatement, the applicant and the applicant’s supervisor shall complete the “Supervision Form” requiring the following information:

(1) The following is to be completed by the person being supervised:

a. Name of person to be supervised;

b. State the purpose of the supervision;

c. Check the box if the supervision is of an assistant;

d. License number of applicant to be supervised;

e. Place of employment name;

f. Place of employment address, including street number or P.O. box number, city, state, and zip code; and

g. Place of employment phone number;

(2) The following to be completed by the supervisor:

a. Name of supervisor;

b. Profession of supervisor;

c. License number and state of licensure of the supervisor;

d. Place of employment name;

e. Place of employment address, including street number or P.O. box number, city, state, and zip code

f. Place of employment phone number;

g. The site of supervision which is the actual location where the supervision is to take place, including the stie name and location;

h. Site of supervision phone number;

i. Date the supervision is to start and date supervision ended; and

j. The supervisors signature and date of signing under the following attestation:

“By signing this form, I state that I have read and understood the applicable rules of supervision or order of the Board for supervision, agree to undertake the duties of supervision set forth in the rules or order of the Board, agree to be responsible for the acts and omissions of any person to whom I delegate the duties of supervision, and acknowledge that my own or my delegate’s failure to comply with the rules or order of the Board might result in disciplinary sanctions.”

(i) The completed New Hampshire jurisprudence assessment module provided to the applicant by the FSBPT; and

(j) Transcripts as described in Phy 304.02(c) if not previously submitted.

Source. #9431, eff 3-19-09; ss by #10402, eff 8-23-13; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 403.08)

PART Phy 404 CONDITIONALLY REINSTATED LICENSES

Phy 404.01 The Nature of Conditionally Reinstated Licenses. Conditionally reinstated licenses shall:

(a) Remain valid for no more than 26 weeks unless their validity is extended pursuant to Phy 404.08 or Phy 404.09; and

(b) Limit the practice of a physical therapist or physical therapist assistant to the supervised practice described in Phy 404.04.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17

Phy 404.02 Issuance of Fully Reinstated Licenses to Conditionally Reinstated Licensees. A fully reinstated license shall be issued by the OPLC to physical therapists and physical therapist assistants holding conditionally reinstated licenses when they have:

(a) Completed the supervised practice described in Phy 404.04; and

(b) Established readiness to practice under fully reinstated licensure through the submission to the OPLC of the supervisory approval letter described in Phy 404.06.

Source. #9431, eff 3-19-09; ss by #10061, eff 12-23-11, EXPIRED: 12-23-21

New. #13825, eff 2-17-24

Phy 404.03 Supervisors.

(a) The practice of a licensee holding a conditionally reinstated license shall be supervised by at least one physical therapist authorized to practice in New Hampshire who:

(1) Has been practicing clinically for a period of at least one year;

(2) Is a non-probationary employee not under disciplinary investigation or pending disciplinary charges and has not had disciplinary action taken against them in any state within the past 5 years;

(3) Is located in the facility where supervision is to take place; and

(4) Is not related in any of the following ways to the conditionally reinstated licensee to be supervised:

a. Spouse, civil union partner, or significant other;

b. Parent, step-parent, parent-in-law, or step-parent-in-law;

c. Natural, foster or adopted child, or stepchild; or

d. Sibling, brother-in-law, or sister-in-law.

(b) A physical therapist supervising a conditionally reinstated licensee shall delegate supervisory duties only:

(1) To a physical therapist assistant who meets the standards in (a) above;

(2) To a physical therapist authorized to practice in New Hampshire or a physical therapist assistant authorized to practice in New Hampshire who meets the standards in (a)(1) through (a)(3) above; and

(3) When the physical therapist believes based on knowledge about the delegate that the delegate is competent to carry out the duties being delegated.

(c) If, as a result of the sharing or the delegation of supervisory duties, there is more than one individual supervising a conditionally reinstated licensee at any one time:

(1) A single physical therapist shall bear responsibility for compliance with Phy 404; and

(2) Complete and sign the supervision form described in Phy 403.06(h).

(d) The physical therapist most recently supervising the conditionally reinstated licensee shall sign the supervisory approval letter described in Phy 404.06.

Source. #9431, eff 3-19-09; ss by #10402, eff 8-23-13; ss by #13825, eff 2-17-24

Phy 404.04 Supervised Practice.

(a) Licensees holding conditionally reinstated licenses shall practice under supervision as described in Phy 404.04 for a total of 320 hours.

(b) The levels of supervision shall be:

(1) For those who have not been active in the profession for less than 4 years all 320 hours shall be:

a. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;

b. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week; and

c. General supervision, as defined in Phy 401.012, for no more than 40% of the hours worked each week; and

(2) For those who have not been active in the profession for 4 to 6 years:

a. The first 200 hours shall be:

1. Direct personal supervision, as defined in Phy 401.08, for at least 50% of the hours worked each week;

2. Direct supervision, as defined in Phy 401.09, for at least 40% of the hours worked each week; and

3. General supervision, as defined in Phy 401.12, for no more than 10% of the hours worked each week; and

b. The 120 hours immediately following the first 200 hours described in a. above shall be:

1. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;

2. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week; and

3. General supervision, as defined in Phy 401.012, for no more than 40% of the hours worked each week; and

(3) For those who have not been active in the profession for more than 6 years:

a. The first 200 hours shall be:

1. Direct personal supervision, as defined in Phy 401.08, for at least 70% of the hours worked each week;

2. Direct supervision, as defined in Phy 401.09, for at least 20% of the hours worked each week; and

3. General supervision, as defined in Phy 401.012, for no more than 10% of the hours worked each week; and

b. The 120 hours immediately following the first 200 hours described in a. above shall be:

1. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;

2. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week; and

3. General supervision, as defined in Phy 401.012, for no more than 40% of the hours worked each week.

Source. #9431, eff 3-19-09; ss by #10402, eff 8-23-13; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 404.05 Administrative and Ethical Obligations of Licensees Holding Conditionally Reinstated Licenses.

(a) The administrative obligations of licensees holding conditionally reinstated licenses shall be as follows:

(1) Before the beginning of supervision by the individual who will provide some or all of the hours of supervision, licensees holding conditionally reinstated licenses shall:

a. Give to these individuals a copy of Phy 404 and the supervision form described in Phy 403.06(h);

b. Discuss the required supervision with them; and

c. Submit the completed supervision form described in Phy 403.06(h) to the OPLC; and

(2) When the supervisor is replaced by another individual, licensees holding conditionally reinstated licenses shall:

a. Notify the OPLC of that fact; and

b. Take the actions required by (1) above.

(b) The ethical standards to be met by licensees holding conditionally reinstated licenses shall be those set forth in Phy 500.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 404.06)

Phy 404.06 Supervisory Approval Letter.

(a) For a physical therapist holding a conditionally reinstated license, the letter indicating supervisory approval shall:

(1) Be dated and signed by the individual who is the physical therapist's most recent supervisor;

(2) Be based on the determinations by the supervisor required by Phy 404.10;

(3) Make a statement that the physical therapist is ready to practice under full licensure because the supervisor has determined that they have the following requisite skills detailed in Phy 404.10:

a. Evaluation skills;

b. Treatment skills;

c. Management skills; and

d. Professional interaction skills;

(4) State the number of hours of direct personal supervision;

(5) State the number of hours of direct supervision hours; and

(6) State the number of general supervision hours.

(b) For a physical therapist assistant holding a conditionally reinstated license, the letter indicating supervisory approval shall:

(1) Be dated and signed by the individual who is the physical therapist assistant's most recent supervisor;

(2) Be based on the determinations by the supervisor required by Phy 404.11;

(3) Make a statement that the physical therapist assistant is ready to practice under full licensure because the supervisor has determined that the physical therapist assistant has the following requisite skills detailed in Phy 404.11:

a. Assessment skills;

b. Treatment skills;

c. Management skills; and

d. Professional interaction skills;

(4) State the number of hours of direct personal supervision;

(5) State the number of hours of direct supervision hours; and

(6) State the number of general supervision hours.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 404.07)

Phy 404.07 Extension of Conditionally Reinstated License When Supervised Practice is Incomplete or Supervisory Approval Letter is Unavailable. The OPLC shall extend a conditionally reinstated license for an additional period of no more than 26 weeks when:

(a) The conditionally reinstated license is still valid;

(b) The licensee holding the conditionally reinstated license:

(1) Is unable to complete the required supervised practice because of loss of employment for any reason other than being terminated for cause or terminated during probationary employment because of incompetence; or

(2) Is unable to submit the required supervisory approval letter for a reason unrelated to the supervisor’s belief that they are not ready to practice under full licensure; and

(c) The holder of the conditionally reinstated license submits to the OPLC a written request for the extension explaining the details of one of the reasons in (b) above.

Source. #9431, eff 3-19-09; ss by #10402, eff 8-23-13; ss by #13825, eff 2-17-24 (formerly Phy 404.08)

Phy 404.08 Extension of a Conditionally Reinstated License in Accordance with Supervisor’s Request. The OPLC shall extend the period of validity of a conditionally reinstated license for the period of time, not to exceed 6 weeks, specified by the supervisor:

(1) During the period of validity of the conditionally reinstated license; and

(2) When the holder of the conditionally reinstated license submits the supervisor’s signed statement of opinion that they will become ready to practice under full licensure if the conditionally reinstated license is extended for a specified period of time, not to exceed 6 weeks.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 404.09)

Phy 404.09 Expiration, Denial and Suspension of Conditionally Reinstated Licenses.

(a) A conditionally reinstated license shall expire upon the first of the following events:

(1) The date of its expiration; or

(2) The board's approval or denial of full renewal licensure.

(b) The physical therapist or physical therapist assistant holding the conditionally reinstated license shall have the right to challenge the board’s denial of full renewal licensure through an adjudicative hearing.

(1) Practice by the physical therapist or physical therapist assistant holding the conditionally reinstated license without the required supervision;

(2) The license holder's termination from employment for cause; or

(3) The license holder's termination from employment for incompetence during a probationary period.

(d) The board shall suspend a conditionally reinstated license pursuant to (c) above only after:

(1) Giving the license holder notice containing:

a. A statement of the board’s intention to suspend the conditionally reinstated license;

b. The grounds for the intended suspension;

c. The date of the intended suspension; and

d. A statement that the license holder has the right to request an adjudicative hearing to challenge the intended suspension; and

(2) Providing the license holder the opportunity to challenge the intended suspension at an adjudicative hearing.

(e) The board shall suspend a conditionally reinstated license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; renumbered by #13825 (formerly Phy 404.10)

Phy 404.10 Skills To Be Determined for Physical Therapists Holding Conditionally Reinstated Licenses. The supervisor of a physical therapist holding a conditionally reinstated license shall, in the course of supervision, determine whether and to what extent the physical therapist has the following skills:

(a) Evaluation skills, including:

(1) Screening using procedures to determine the effectiveness of, and need for, physical therapy services, including:

a. Identifying critical signs and symptoms that signal appropriateness for physical therapy examination;

b. Selecting appropriate screening procedures;

c. Conducting physical therapy screening in a technically competent manner;

d. Interpreting screening findings; and

e. Determining, based on the screening, the client's appropriateness for physical therapy or referral to other providers;

(2) Examination skills, including:

a. Selection of reliable and valid physical therapy examination methods relevant to the client's complaint, the screening results, and the client's history;

b. Obtaining accurate information by performing the selected examination methods;

c Performing them while minimizing risk to the patient and to the conditional licensee; and

d. Performing them in a technically competent manner; and

(3) Skills in using the clinical findings to determine physical therapy diagnoses and outcomes of care, including:

a. Synthesizing the examination data to complete the physical therapy evaluation;

b. Interpreting clinical findings to establish a physical therapy diagnosis;

c. Explaining to the client the influence of pathological, abnormal physiological, and pharmacological processes on the patient’s movement system;

d. Using clinical findings and a medical or a physical therapy diagnosis to establish a physical therapy prognosis;

e. Performing regular re-examinations of the client's status;

f. Performing regular evaluations of the effectiveness of the client's treatment; and

g. Evaluating changes in the client's status;

(b) Treatment skills, including:

(1) Practicing in a manner that minimizes risk to the patient, to the physical therapist, and to others including, but not limited to:

a. Observing universal precautions and any health and safety regulations of the worksite;

b. Maintaining a safe working environment;

c. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;

d. Being aware of contraindications and precautions of treatment;

e. Requesting assistance when necessary; and

f. Using techniques designed for safety in the handling of patients;

(2) Applying the principles of logic and the scientific method to the practice of physical therapy, including:

a. Presenting a cogent rationale for clinical decisions;

b. Making clinical decisions within the context of the ethical practice set forth in Phy 500;

c. Making clinical decisions regarding therapy goals and the plan of care with the patient's informed consent and in accordance with RSA 328-A:15, III, IV, and V;

d. Utilizing information from multiple data sources to make clinical decisions;

e. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and

f. Using appropriate outcome measures in the delivery and assessment of ongoing patient care;

(3) Designing a physical therapy plan of care:

a. In collaboration with the patient;

b. Consistent with the patient's examination and evaluation;

c. Integrating goals, treatment, functional outcomes, and a discharge plan;

d. Specifying the expected time durations for the goals and functional outcomes;

e. Adjusted in response to changes in the patient's status; and

f. Establishing a plan for timely patient discharge; and

(4) Performing physical therapy interventions in a competent manner, including:

a. Selecting interventions designed to achieve the desired outcomes;

b. Performing effective, efficient, and coordinated movements in providing technically competent interventions;

c. Performing interventions consistent with the plan of care;

d. Providing interventions in a manner minimizing risk to the physical therapist and the patient; and

e. Using intervention time efficiently and effectively;

(1) Producing documentation to support the delivery of physical therapy services, including:

a. Selecting relevant information to document the delivery of care;

b. Documenting all aspects of physical therapy care, including screenings, examination, evaluation, plan of care, treatment(s), response to treatment(s), discharge planning, family conferences, and communications with others involved in the delivery of care;

c. Producing documentation that follows the guidelines and format required by the practice setting;

d. Documenting patient care consistent with the board's rules and the requirements of third party payers; and

e. Producing documentation that is accurate, concise, timely, and legible;

(2) Participating in activities addressing quality of service delivery, including:

a. Seeking information regarding the quality of care the conditional licensee renders;

b. Following the protocols established by the prescribing physician, the practice setting, and the employer; and

c. Participating in quality assurance activities, peer reviews, and review of utilization of services;

(3) Addressing any needs of the patient for services other than physical therapy, including:

a. Determining the needs of, and available resources for, the patient;

b. Recommending referral(s) based on the expertise and effectiveness of provider(s);

c. Advocating for appropriate patient services and resources; and

d. Assisting patients in accessing resources; and

(4) Managing time, space, and equipment to achieve the goals of the practice site or practice setting, including:

a. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;

b. Using time effectively;

c. Adhering to reimbursement guidelines established by payers for physical therapy services; and

d. The scheduling of patients, equipment, and space; and

(d) Professional interaction skills, including:

(1) Presenting oneself in a professional manner, including:

a. Accepting responsibility for one's own actions;

b. Being punctual and dependable;

c. Completing scheduled assignments in a timely manner;

d. Wearing attire consistent with the expectations of the practice site or setting;

e. Abiding by policies and procedures of the practice site or setting; and

f. Adapting to changes in schedule, patient population, treatment location, and other changes similarly not within the control of the holder of the conditionally renewed license;

(2) Behaving professionally in interactions with others, including:

a. Maintaining productive working relationships with patients, the families of patients, and others;

b. Contributing to a positive work environment by treating others with positive regard, dignity, respect, and compassion;

c. Accepting criticism without defensiveness;

d. Managing conflict in positive ways; and

e. Maintaining patients' privacy and modesty;

(3) Adhering to ethical practice, including:

a. Complying with Phy 500;

b. Identifying situations in which ethical questions are present; and

c. Reporting to the employer and the OPLC violations of ethical practice;

(4) Adhering to legal practice standards, including:

a. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and

b. Identifying situations in which legal questions are present;

(5) Communicating in ways that are congruent with situational needs, including:

a. Communicating verbally and nonverbally in a professional and timely manner;

b. Initiating communication in difficult situations;

c. Selecting the most appropriate person(s) with whom to communicate;

d. Listening actively and attentively to understand what is being communicated by others;

e. Using professionally and technically correct language;

f. Communicating using nonverbal methods that are consistent with the intended message;

g. Interpreting and responding to the nonverbal communication of others; and

h. Evaluating the effectiveness of their own communication and modifying communication accordingly;

(6) Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, creed, color, gender, age, national or ethnic origin, sexual orientation, and disability or health status when:

a. Communicating with others;

b. Developing plans of care; and

c. Implementing plans of care; and

(7) Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students, and other health care providers, using relevant and effective teaching methods, including:

a. Identifying and establishing priorities for educational needs;

b. Designing education activities to address identified needs;

c. Conducting educational activities using a variety of instructional strategies; and

d. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 404.11)

Phy 404.11 Skills To Be Determined for Physical Therapist Assistants Holding Conditionally Reinstated Licenses. The supervisor of a physical therapist assistant holding a conditionally reinstated license shall, in the course of supervision, determine whether and to what extent the physical therapist assistant has the following skills:

(a) Collaboration and communication with the supervisor;

(b) Assessment skills, including:

(1) Performing regular re-assessments of the client's status;

(2) Performing regular assessments of the effectiveness of the client's treatment; and

(3) Assessing changes in the client's status;

(1) Practicing in a manner that minimizes risk to the patient, to the physical therapist assistant, and to others including, but not limited to:

a. Observing universal precautions and any health and safety regulations of the worksite;

b. Maintaining a safe working environment;

c. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;

d. Being aware of contraindications and precautions of treatment;

e. Requesting assistance when necessary; and

f. Using techniques designed for safety in the handling of patients;

(2) Applying the principles of logic and the scientific method to the practice of physical therapy, including:

a. Presenting a cogent rationale for clinical decisions;

b. Making clinical decisions within the context of the ethical practice set forth in Phy 500;

c. Making clinical decisions in accordance with RSA 328-A:15, III, IV, and V;

d. Utilizing information from multiple data sources to make clinical decisions;

e. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and

f. Using appropriate outcome measures in the delivery and assessment of ongoing patient care; and

(3) Performing physical therapy interventions in a competent manner, including:

a. Performing effective, efficient, and coordinated movements in providing technically competent interventions;

b. Performing interventions consistent with the plan of care;

c. Providing interventions in a manner minimizing risk to the physical therapist assistant and the patient; and

d. Using intervention time efficiently and effectively;

(d) Management skills, including:

(1) Producing documentation to support the delivery of physical therapy services, including:

a. Selecting relevant information to document the delivery of care;

b. Documenting all aspects of physical therapy care, including treatment(s), response to treatment(s), discharge planning, family conferences, and communications with others involved in the delivery of care;

c. Producing documentation that follows the guidelines and format required by the practice setting;

d. Documenting patient care consistent with the board's rules and the requirements of third party payers; and

e. Producing documentation that is accurate, concise, timely, and legible;

(2) Participating in activities addressing quality of service delivery, including:

a. Seeking information regarding the quality of care the conditional licensee renders;

b. Following:

1. The plan of care established by the physical therapist; and

2. The protocols established by the prescribing physician, the practice setting, and the employer; and

c. Participating in quality assurance activities, peer reviews, and review of utilization of services;

(3) Addressing any needs of the patient for services other than physical therapy, including:

a. Assisting the physical therapist in determining the needs of, and available resources for, the patient;

b. Assisting the physical therapist in recommending referral(s) based on the expertise and effectiveness of provider(s);

c. Advocating for appropriate patient services and resources; and

d. Assisting patients in accessing resources; and

(4) Managing time, space, and equipment to achieve the goals of the practice site or practice setting, including:

a. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;

b. Using time effectively;

c. Adhering to reimbursement guidelines established by payers for physical therapy services; and

d. The scheduling of patients, equipment, and space; and

(e) Professional interaction skills, including:

(1) Presenting oneself in a professional manner, including:

a. Accepting responsibility for one's own actions;

b. Being punctual and dependable;

c. Completing scheduled assignments in a timely manner;

d. Wearing attire consistent with the expectations of the practice site or setting;

e. Abiding by policies and procedures of the practice site or setting; and

f. Adapting to changes in schedule, patient population, treatment location, and other changes similarly not within the control of the physical therapist assistant;

(2) Behaving professionally in interactions with others, including:

a. Maintaining productive working relationships with patients, the families of patients, and others;

b. Contributing to a positive work environment by treating others with positive regard, dignity, respect, and compassion;

c. Accepting criticism without defensiveness;

d. Managing conflict in positive ways; and

e. Maintaining patients' privacy and modesty;

(3) Adhering to ethical practice, including:

a. Complying with Phy 500;

b. Identifying situations in which ethical questions are present; and

c. Reporting to the employer and the OPLC violations of ethical practice;

(4) Adhering to legal practice standards, including:

a. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and

b. Identifying situations in which legal questions are present;

(5) Communicating in ways that are congruent with situational needs, including:

a. Communicating verbally and nonverbally in a professional and timely manner;

b. Initiating communication in difficult situations;

c. Selecting the most appropriate person(s) with whom to communicate;

d. Listening actively and attentively to understand what is being communicated by others;

e. Using professionally and technically correct language;

f. Communicating using nonverbal methods that are consistent with the intended message;

g. Interpreting and responding to the nonverbal communication of others; and

h. Evaluating the effectiveness of their own communication and modifying communication accordingly;

a. Communicating with others; and

b. Implementing plans of care; and

a. Identifying and establishing priorities for educational needs;

b. Designing education activities to address identified needs;

c. Conducting educational activities using a variety of instructional strategies; and

d. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9431, eff 3-19-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-7-24 (formerly Phy 404.12)

PART Phy 405 REVOCATION, SUSPENSION AND OTHER SANCTIONS, INCLUDING NON-DISCIPLINARY SUBSTANCE ABUSE RECOVERY PROGRAM

Phy 405.01 Misconduct. Misconduct shall be:

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

(b) Conviction of any criminal offense other than a traffic violation;

(d) Violation of Phy 500;

(e) Engaging in sexual misconduct;

(f) Failure to provide care with reasonable skill, safety, and regard for client rights, whether or not the client has suffered injury;

(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;

(h) Failure to report within 30 days any act by an individual authorized by the board to practice in New Hampshire that appears to constitute misconduct;

(i) Failure to exercise appropriate supervision over persons who are authorized to practice only under supervision;

(j) Practice without a currently valid license; and

(k) Violation of:

(1) Any provision of RSA 328-F;

(2) Any provision of RSA 328-A;

(3) Any rule adopted by the board; or

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

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 405.02 Sanctions.

(a) Pursuant to RSA 328-F:11, I (g), disciplinary measures available to the board to sanction misconduct shall be:

(1) License revocation;

(2) License suspension for a specified period of time;

(3) License suspension conditioned on the achievement of specified continuing competence requirements or continuing education, clinical experience or training;

(4) License suspension conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program or in any other program designed to overcome the deficiency or condition in the licensee which appears to have caused the misconduct;

(5) A requirement that the licensee's practice be supervised for a specified period of time by a physical therapist authorized to practice in New Hampshire; and

(6) The imposition of an administrative fine not to exceed $1,000 for:

a. Misconduct as described in Phy 405.01; or

b. The practice of physical therapy by a person who was once authorized to practice in New Hampshire but does not currently hold a valid authorization, or who is practicing in violation of the conditions upon which they are authorized.

(b) Pursuant to RSA 328-F:11, I (g), a measure available to the board to sanction continuing misconduct of the kinds described in (a)(6) above shall be the imposition of an administrative fine of $100 for each day the misconduct continues after notice from the board that the misconduct shall cease.

(c) Pursuant to RSA 328-F:11, I (g) an additional measure available to the board to sanction misconduct shall be denial of license renewal or reinstatement.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24;

Phy 405.03 Procedure for Imposition of Sanctions. Other than immediate license suspension authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

(a) After prior notice to the licensee in accordance with Ahp 209.01 and the opportunity for the licensee to be heard; or

(b) By agreement in a settlement between the board and the licensee made pursuant to Ahp 214.

Source. #9456, eff 4-17-0; ss by #12088, eff 1-20-17

Phy 405.04 Determinations Required for Sanctions.

(a) In determining which sanction or combination of sanctions to impose, the board shall:

(1) First determine the nature of the act or omission constituting the misconduct done by the licensee;

(2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

(3) Finally, apply the standards in Phy 405.05.

(b) The characteristics shall be:

(1) The misconduct actually caused physical or mental harm to the client or another person;

(2) The misconduct had the potential to cause physical or mental harm to the client or another person;

(3) The misconduct repeated earlier misconduct done by the licensee, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same misconduct by the licensee; or

c. An admission by the licensee;

(4) The misconduct was not the first misconduct by the licensee, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same misconduct by the licensee; or

c. An admission by the licensee; and

(5) The misconduct was intentional rather than the result of negligence or inadvertence.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17

Phy 405.05 Standards for the Selection of Sanctions. The board shall select appropriate sanction(s):

(a) From the list in Phy 405.02; and

(b) By choosing, in light of the characteristics determined pursuant to Phy 405.04(b), the sanction or combination of sanctions most likely to:

(1) Protect public health and safety;

(2) Prevent future misconduct by the licensee;

(3) Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;

(4) Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;

(5) Encourage the responsible practice of physical therapy; and

(6) Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17

Phy 405.06 Unauthorized Practice. When the board determines that one of the following measures is likely to be the most effective way to stop unauthorized practice as defined in RSA 328-F:27, II, the board shall:

(a) Issue a cease and desist order against the person or entity engaged in the unauthorized practice; or

(b) Seek an injunction against such person or entity.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17

Phy 405.07 Non-Disciplinary Substance Abuse Recovery Program.

(a) The board shall make available to eligible licensees the non-disciplinary substance abuse recovery program specified by RSA 328-A:14.

(b) A licensee complying with and completing such non-disciplinary substance abuse recovery program shall be deemed not to have been sanctioned for misconduct.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17

PART Phy 406 MAINTENANCE AND DOCUMENTATION OF CONTINUING COMPETENCE

Phy 406.01 Maintenance of Continuing Competence and Documentation Requirements.

(a) Individuals licensed as physical therapists or physical therapist assistants wishing to renew their licenses either fully or conditionally shall maintain continuing competence by completing 24 contact hours of continuing professional education in each 2-year renewal cycle.

(b) Individuals who have been licensed within the past 2 years as a physical therapist or physical therapist assistant in another state and wish to renew an initial New Hampshire license that expires in less than the usual 2 years may use continuing education earned outside of the New Hampshire license period of validity but not outside the 2 year renewal cycle towards the requirement in (a) above.

(d) The renewal applicant shall furnish the copies of documentation of continuing competence activities set forth in Phy 406.02 through Phy 406.14 only when requested to do so by the OPLC in connection with an audit.

(e) At least one half of the contact hours required by (a) and (b) above shall relate directly and primarily to the clinical application of physical therapy.

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

(g) Continuing competence shall be maintained through the following continuing professional education courses and professional activities, provided that they meet the definition of continuing professional education in Phy 406.01(a) and (b):

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

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

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

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

(5) Direct supervision of physical therapist or physical therapist assistant students during their clinical education, as further described in Phy 406.06;

(6) Supervision of licensees holding conditional initial licenses, conditionally renewed licenses or conditionally reinstated licenses, as further described in Phy 406.07;

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

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

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

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

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

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

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

(14) New Hampshire jurisprudence assessment module described in Phy 406.15;

(15) Specialty certification examination described in Phy 406.16;

(16) Clinical residency program or fellowship program described in Phy 406.17;

(17) Clinical mentoring of a physical therapist in an accredited residency or fellowship program, as further described in Phy 406.18.

Source. #9456, eff 4-17-09; ss by #10061, eff 12-23-11; ss by #10203, eff 10-19-12, EXPIRED: 10-19-22

New. #13825, eff 2-17-24

Phy 406.02 Receipt of Academic Instruction in Physical Therapy.

(a) The board shall recognize as maintenance of continuing competence a licensee's successful completion of academic course work in physical therapy, provided that:

(1) The course work is not that required for initial licensure; and

(2) The course work is sponsored and assigned credit by a college or university.

(b) The board shall credit the licensee with 5 contact hours for each credit hour of academic course work described in (a) above.

(1) A photocopy of an official transcript showing successful completion of the course, the date of the course, and the credits earned; and

(2) One of the following descriptions of the course:

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

b. A photocopy of the course syllabus or outline that includes a description of the course and the course competencies.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.03 Non-Academic Courses, Seminars, Conferences, and Workshops.

(a) The board shall recognize as maintenance of continuing competence the successful completion of non-academic courses, seminars, conferences, and workshops meeting the requirements set forth in Phy 406.01 (e) and (f).

(b) For each clock hour of attendance at such courses, seminars, conferences, and workshops, the board shall credit the licensee with one contact hour.

(c) Documentation of successful completion of non-academic courses, seminars, conferences, and workshops shall be a photocopy of an official certificate showing:

(1) The licensee’s name;

(2) The name and location of the course, seminar, conference, or workshop;

(3) The name of the provider or sponsoring entity;

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

(5) The number of contact hours credited by the provider or sponsoring entity or the brochure showing the scheduled hours; and

(6) The signature or stamp of the speaker, the instructor, or a representative of the provider or sponsoring entity.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.04 Facility-Based Physical Therapy In-Service Training.

(a) The board shall recognize as maintenance of continuing competence a licensee's participation in, or attendance at, a facility-based physical therapy training consisting of continuing education lasting less than 2 hours.

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

(1) A photocopy of a memo from the physical therapy supervisor of the facility stating:

a. The licensee's name;

b. The name of the facility and the topic of the in-service training;

c. The date of the in-service training; and

d. The licensee's hours of attendance; or

(2) A photocopy of the sign-in-sheet bearing the information outlined in (1) above bearing the signature of both the licensee’s supervisor and the licensee.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.05 Formal Mentored Independent Study.

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

(1) The name of the mentor; and

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

(b) The board shall credit the licensee with one contact hour for every 2 clock hours of formal mentored independent study, to a maximum of 8 contact hours per renewal cycle.

(1) A photocopy of the signed mentorship agreement; and

(2) The licensee's signed written statement describing the independent 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. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.06 Direct Supervision of Physical Therapist or Physical Therapist Assistant Students During Their Clinical Education.

(a) The board shall recognize as maintenance of continuing competence a licensee's direct supervision of physical therapist or physical therapist assistant students during their clinical education when the licensee acts as the primary clinical instructor.

(b) The board shall credit the licensee with 2 contact hours per student for clinical education supervision. The clinical education supervision must exceed 48 hours in duration. A maximum of 8 contact hours per renewal cycle will be credited.

(c) Documentation of direct supervision of a physical therapist or physical therapist assistant student during their clinical education shall be:

(1) A photocopy of a memo stating:

a. The name of the licensee;

b. The fact that the licensee was the student's primary clinical instructor;

c. The clinical education student's school; and

d. The beginning and ending dates of the licensee's supervision of the student's clinical education including the total number of hours of supervision; and

(2) The memo shall be signed by:

a. The supervisor of the facility where the clinical education was supervised;

b. The clinical coordinator of clinical education; or

c. The academic coordinator of clinical education.

Source. #9456, eff 4-17-09; ss by #10203, eff 10-19-12, EXPIRED: 10-19-22

New. #13825, eff 2-17-24

Phy 406.07 Supervision of Licensees Holding Conditional Initial Licenses, Conditionally Renewed Licenses, or Conditionally Reinstated Licenses.

(a) The board shall recognize as maintenance of continuing competence a licensee's supervision of a licensee holding a conditional initial license, a conditionally renewed license, or a conditionally reinstated license.

(b) The board shall credit the licensee with 2 contact hours per licensee supervised, to a maximum of 8 contact hours per renewal cycle.

(c) Documentation of supervision of a conditional licensee shall be a copy of the completed “Supervision Form” described in Phy 403.06(h) provided to the OPLC before the supervision began.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.08 Publication of Writing Related to Physical Therapy.

(a) The board shall recognize as maintenance of continuing competence the publication of a licensee's writing related to physical therapy, including the publication of:

(1) A book;

(2) A peer-reviewed or non-peer-reviewed chapter of a book; or

(3) A peer-reviewed or non-peer-reviewed article.

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

(1) For a book, 12 contact hours per renewal cycle;

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

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

(1) Any item showing:

a. The title of the writing;

b. The date of publication; and

c. The licensee's part or full authorship of the published writing; and

(2) A photocopy of:

a. The cover or the dust jacket of the licensee's published book; or

b. The licensee's published chapter or article.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.09 Professional Presentations Relating to Physical Therapy Made to Other Professionals or the Public.

(a) The board shall recognize professional presentations relating to physical therapy, including workshops, lectures, and in-service trainings made to other professionals or to the public, as maintenance of continuing competence.

(b) The board shall credit the licensee with 2 contact hours for each clock hour of a presentation, to a maximum of 8 contact hours per renewal cycle, provided that, if the licensee gives substantially the same public presentation more than once, the board shall credit the licensee for only a single presentation.

(c) Documentation of a professional presentation relating to physical therapy made to other professionals or to the public shall be:

(1) A photocopy of the official program of the presentation;

(2) A photocopy of a written statement signed by a representative of the program's sponsor including:

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; or

(3) A photocopy of the program brochure showing the information described in (b) above.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.10 Participation in a Physical Therapy Research Project.

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

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

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

(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. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.11 Participation in the Work of Professional Boards, Committees, and Agencies.

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

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

(1) A photocopy of a letter 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; and

(2) The letter shall state:

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. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24

Phy 406.12 Teaching Physical Therapy.

(a) The board shall recognize as maintenance of continuing competence a licensee's teaching a college or university course in physical therapy.

(b) The board shall credit the licensee with 2 contact hours for each clock hour of teaching, to a maximum of 8 contact hours per renewal cycle, provided that:

(1) If the licensee gives substantially the same course more than once during the renewal cycle, the board shall credit the licensee for only a single presentation of the course; and

(2) If the licensee gives a course that includes a lab component, the board shall credit the licensee for only a single presentation of the course.

(1) A list of courses taught; and

(2) A photocopy of a letter of confirmation signed by an official of the institution sponsoring the courses.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 406.13)

Phy 406.13 Receipt of Infection Control Education, Basic Life Support Courses, Facility Onboarding, Orientation, HIPAA Training, or Annual Training.

(a) The board shall recognize as maintenance of continuing competence a licensee's receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, or facility annual training.

(b) The board shall credit the licensee with one contact hour for each clock hour spent in receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, or facility annual training, to a maximum of 2 contact hours per renewal cycle.

(c) Documentation of a licensee's receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, or facility annual training shall be a photocopy of:

(1) A photocopy of a certificate showing:

a. The title or subject matter of the education; and

b. The date of the receipt of the education by the licensee; or

(2) A statement signed by the supervisor of the facility where the course took place providing the information described in (a) above.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 406.14)

Phy 406.14 Journal Study.

(a) The board shall recognize as maintenance of continuing competence a licensee's study of a journal article dated within the preceding 5 years, including answering the questions provided with and related to the article, so long as the article is related to:

(1) Physical therapy theory or practice or both;

(2) The running of a physical therapy business; or

(3) Any conditions for which the services of a physical therapist are often or usually recommended.

(b) The board shall credit the licensee with a maximum of 4 contact hours per renewal cycle for studying such a journal article and successful completion of the related questions.

(1) The name of the licensee;

(2) The title and date of the journal article;

(3) The name of the publisher or provider of the journal article and the related questions; and

(4) The date of the licensee's completion of the journal study, including answering the questions related to the article.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 406.16)

Phy 406.15 New Hampshire Jurisprudence Assessment Module.

(a) The board shall recognize as maintenance of continuing competence a licensee’s successful completion of the New Hampshire jurisprudence assessment module administered by the FSBPT.

(b) The board shall credit the licensee with a maximum of 2 contact hours per renewal cycle.

(c) Documentation of passing the New Hampshire jurisprudence assessment module shall be a copy of the score report sent electronically from the FSBPT directly to the OPLC.

Source. #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 406.18)

Phy 406.16 Specialty Certification Examination.

(a) The board shall recognize as maintenance of continuing competence the successful completion of a specialty certification examination sponsored by the APTA or another nationally recognized association related to physical therapy.

(b) The board shall credit the licensee with 24 hours per renewal cycle for successful completion during the 2 year renewal cycle of each different specialty certification examination.

(c) Documentation of a licensee's successful completion of a specialty examination shall be a photocopy of the specialty certification or letter from the certifying agency stating successful completion of the specialty certification examination.

Source. 10061, eff 12-23-11; renumbered by #12088 (from Phy 406.17), EXPIRED: 12-23-21

New. #13825, eff 2-17-24 (formerly Phy 406.19)

Phy 406.17 Clinical Residency Program or Fellowship Program.

(a) The board shall recognize as maintenance of continuing competence for physical therapists the successful participation in a clinical residency program or fellowship program credentialed through the ABPTRFE.

(b) The board shall credit the licensee with one contact hour for each clock hour of participation or attendance which took place during the 2 year renewal cycle, to a maximum of 24 contact hours per renewal cycle.

(1) A letter from the host institution stating successful completion of the clinical residency, specifying the beginning and end dates and the number of hours completed during the applicable renewal cycle; or

(2) A letter from the host institution stating the number of hours completed to date in the clinical residency program during the applicable renewal cycle.

Source. #10061, eff 12-23-11; renumbered by #12088 (from Phy 406.18 and Phy 406.19), EXPIRED: 12-23-21

New. #13825, eff 2-17-24 (formerly Phy 406.20 and Phy 406.21)

Phy 406.18 Clinical Mentor of a Physical Therapist in an Accredited Residency or Fellowship Program.

(a) The board shall recognize as maintenance of continuing competence, a licensee’s clinical mentorship of a physical therapist during that physical therapist’s participation in a clinical fellowship or residency program, credentialed through the ABPTRFE, when the licensee acts as the primary clinical mentor.

(b) The board shall credit the licensee with 4 contact hours per resident or fellow for the clinical mentorship. The mentorship must exceed 100 hours in duration. A maximum of 12 contact hours per renewal cycle shall be credited.

(1) A photocopy of documentation containing information as follows:

a. The name of the mentor;

b. The fact that the licensee was the resident or fellow’s primary mentor;

c. The name of the accredited residency or fellowship program;

d. The physical address of the accredited residency or fellowship program;

e. The beginning and ending dates of the licensee's mentorship of the resident or fellow; and

f. The total number of hours the licensee mentored the resident or fellow; and

(2) Signed by:

a. The supervisor of the facility where the residency or fellowship was supervised; or

b. The clinical coordinator of clinical education.

Source. #10203, eff 10-19-12; renumbered by #12088 (from Phy 406.20), EXPIRED: 10-19-22

New. #13825, eff 2-17-24 (formerly Phy 406.22)

PART Phy 407 RESERVED

PART Phy 408 CONDITIONAL RENEWAL OF LICENSURE

Phy 408.01 Issuance of Fully Renewed Licenses to Conditionally Renewed Licensees. A fully renewed licenses shall be issued by the OPLC to physical therapists and physical therapist assistants holding conditionally renewed licenses when they have:

(a) Completed the supervised practice described in Phy 408.03;

(b) Established readiness to practice under fully renewed licensure through the submission to the OPLC of the supervisory approval letter described in Phy 408.05; and

(c) At the completion of the 26 week the conditional licensee shall have met all the requirements set forth in Phy 402.09.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 408.02)

Phy 408.02 Supervisors.

(a) The practice of a licensee holding a conditionally reinstated license shall be supervised by at least one physical therapist authorized to practice in New Hampshire who:

(1) Has been practicing clinically for a period of at least one year;

(2) Is a non-probationary employee not under disciplinary investigation or pending disciplinary charges and has not had disciplinary action taken against them in any state within the past 5 years;

(3) Is located in the facility where supervision is to take place; and

(4) Is not related in any of the following ways to the conditionally reinstated licensee to be supervised:

a. Spouse, civil union partner, or significant other;

b. Parent, step-parent, parent-in-law, or step-parent-in-law;

c. Natural, foster or adopted child, or stepchild; or

d. Sibling, brother-in-law, or sister-in-law.

(b) A physical therapist supervising a conditionally reinstated licensee shall share supervisory duties only with a physical therapist meeting the standards in (a) above.

(1) To a physical therapist authorized to practice in New Hampshire or a physical therapist assistant authorized to practice in New Hampshire who meets the standards in (a)(1) through (a)(3) above;

(2) When the physical therapist believes based on knowledge about the delegate that the delegate is competent to carry out the duties being delegated; and

(3) When the proposed delegate voluntarily accepts the duties.

(d) If, as a result of the sharing or the delegation of supervisory duties, there is more than one individual supervising a conditionally reinstated licensee at any one time:

(1) A single physical therapist shall bear responsibility for compliance with Phy 408; and

(2) Complete and sign the supervision form described in Phy 403.06(h).

(e) If, as a result of the sharing or the delegation of supervisory duties, there was more than one individual supervising a conditionally reinstated licensee during the licensee's period of supervision, the physical therapist most recently supervising the conditionally reinstated licensee shall sign the supervisory approval letter described in Phy 408.05.

Source. #9456, eff 4-17-09; ss by #10402, eff 8-23-13; ss by #13825, eff 2-17-24 (formerly Phy 408.03)

Phy 408.03 Supervised Practice.

(a) Licensees holding conditionally renewed licenses shall practice under the levels of supervision as follows:

(1) Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;

(2) Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week; and

(3) General supervision, as defined in Phy 401.012, for no more than 40% of the hours worked each week.

(b) If a physical therapist delegates to a physical therapist assistant the direct supervision called for by (a) above, there shall be direct contact between a physical therapist and a client of the conditionally reinstated licensee once during each 24-hour period in which the client is served by the conditionally reinstated licensee.

Source. #9456, eff 4-17-09; ss by #10402, eff 8-23-13; ss by #10836, eff 5-23-15; ss by #13825, eff 2-17-24 (formerly Phy 408.04)

Phy 408.04 Administrative and Ethical Obligations of Licensees Holding Conditionally Renewed Licenses.

(a) The administrative obligations of licensees holding conditionally renewed licenses shall be as follows:

(1) Before the beginning of supervision by the individual who will provide some or all of the weeks of supervision, licensees holding conditionally renewed licenses shall:

a. Give to these individuals a copy of Phy 408 and the supervision form described in Phy 403.06(h);

b. Discuss the required supervision with them; and

c. Submit the completed supervision form described in Phy 403.06(h) to the OPLC; and

(2) When the supervisor is replace by another individual, licensees holding conditionally renewed licenses shall:

a. Notify the OPLC of that fact; and

b. Take the actions required by (1) above.

(b) The ethical standards to be met by licensees holding conditionally renewed licenses shall be those set forth in Phy 500.

Source. #9456, eff 4-17-09; ss by #10402, eff 8-23-13; ss by #10836, eff 5-23-15; ss by #13825, eff 2-17-24 (formerly Phy 408.06)

Phy 408.05 Supervisory Approval Letter.

(a) For a physical therapist holding a conditionally renewed license, the letter indicating supervisory approval shall:

(1) Be dated and signed by the individual who is the physical therapist's most recent supervisor;

(2) Be based on the determinations by the supervisor required by Phy 408.09; and

(3) State the opinion of the supervisor that the physical therapist is ready to practice under full licensure because the supervisor has determined that the conditional licensee has the following requisite skills detailed in Phy 408.09:

a. Evaluation skills;

b. Treatment skills;

c. Management skills; and

d. Professional interaction skills.

(b) For a physical therapist assistant holding a conditionally renewed license, the letter indicating supervisory approval shall:

(1) Be dated and signed by the individual who is the physical therapist assistant's most recent supervisor;

(2) Be based on the determinations by the supervisor required by Phy 408.10; and

(3) State the opinion of the supervisor that the physical therapist assistant is ready to practice under full licensure because the supervisor has determined that the physical therapist assistant has the following requisite skills detailed in Phy 408.10:

a. Assessment skills;

b. Treatment skills;

c. Management skills; and

d. Professional interaction skills.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 408.07)

Phy 408.06 Extension of Conditionally Renewed License When Supervised Practice is Incomplete or Supervisory Approval Letter is Unavailable. The OPLC shall extend a conditionally renewed license for an additional period of no more than 26 weeks when:

(a) The conditionally renewed license is still valid;

(b) The licensee holding the conditionally renewed license:

(2) Is unable to submit the required supervisory approval letter for a reason unrelated to the supervisor’s belief that the conditional licensee is not ready to practice under full licensure and state the deficiencies that require improvement; and

(c) The holder of the conditionally renewed license submits to the OPLC a written request for the extension explaining the details of one of the reasons in (b) above.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 408.08)

Phy 408.07 Extension of a Conditionally Renewed License in Accordance with Supervisor’s Request.

(a) The OPLC shall extend the period of validity of a conditionally renewed license for the period of time, not to exceed 6 weeks, specified by the supervisor:

(1) If the request is made during the period of validity of the conditionally renewed license;

(2) When the holder of the conditionally renewed license submits the supervisor’s signed statement of opinion that the conditional licensee will become ready to practice under full licensure if the conditionally renewed license is extended for a specified period of time, not to exceed 6 weeks; and

(3) The supervisor agrees to remain the supervisor during the 6 week extension.

(b) If during the extended 6 weeks the supervisor is unable to continue as supervisor the conditional licensee shall request a new supervisor that meets the requirements set forth in Phy 408.02 and provide the board with the reason the supervisor is unable to continue.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 408.09)

Phy 408.08 Expiration, Denial, and Suspension of Conditionally Renewed Licenses.

(a) A conditionally renewed license shall expire upon the first of the following events:

(1) The date of its expiration; or

(2) The OPLC’s approval or denial of full renewal licensure.

(b) The physical therapist or physical therapist assistant holding the conditionally renewed license shall have the right to challenge the OPLC’s denial of full renewal licensure through an adjudicative hearing.

(1) Practice by the physical therapist or physical therapist assistant holding the conditionally renewed license without the required supervision;

(2) Termination from employment for cause; or

(3) Termination from employment for incompetence during a probationary period.

(d) The board shall suspend a conditionally renewed license pursuant to (c) above only after:

(1) Giving the holder of the conditionally renewed license notice containing:

a. A statement of the board’s intention to suspend the conditionally renewed license;

b. The grounds for the intended suspension;

c. The date of the intended suspension; and

d. A statement that the holder of the conditionally renewed license has the right to request an adjudicative hearing to challenge the intended suspension; and

(2) Providing the holder of the conditionally renewed license the opportunity to challenge the intended suspension at an adjudicative hearing.

(e) The board shall suspend a conditionally renewed license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 408.10)

Phy 408.09 Skills To Be Determined for Physical Therapists Holding Conditionally Renewed Licenses. The supervisor of a physical therapist holding a conditionally renewed license shall, in the course of supervision, determine whether and to what extent the physical therapist has the following skills:

(a) Evaluation skills, including:

(1) Screening using procedures to determine the effectiveness of, and need for, physical therapy services, including:

a. Identifying critical signs and symptoms that signal appropriateness for physical therapy examination;

b. Selecting appropriate screening procedures;

c. Conducting physical therapy screening in a technically competent manner;

d. Interpreting screening findings; and

e. Determining, based on the screening, the client's appropriateness for physical therapy or referral to other providers;

(2) Examination skills, including:

a. Selection of reliable and valid physical therapy examination methods relevant to the client's complaint, the screening results and the client's history;

b. Obtaining accurate information by performing the selected examination methods;

c. Performing them while minimizing risk to the patient and to the conditional licensee; and

d. Performing them in a technically competent manner; and

(3) Skills in using the clinical findings to determine physical therapy diagnoses and outcomes of care, including:

a. Synthesizing the examination data to complete the physical therapy evaluation;

b. Interpreting clinical findings to establish a physical therapy diagnosis;

c. Explaining to the client the influence of pathological, abnormal physiological, and pharmacological processes on the patient’s movement system;

d. Using clinical findings and a medical or a physical therapy diagnosis to establish a physical therapy prognosis;

e. Performing regular re-examinations of the client's status;

f. Performing regular evaluations of the effectiveness of the client's treatment; and

g. Evaluating changes in the client's status;

(b) Treatment skills, including:

(1) Practicing in a manner that minimizes risk to the patient, to the physical therapist, and to others including, but not limited to:

a. Observing universal precautions and any health and safety regulations of the worksite;

b. Maintaining a safe working environment;

c. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;

d. Being aware of contraindications and precautions of treatment;

e. Requesting assistance when necessary; and

f. Using techniques designed for safety in the handling of patients;

(2) Applying the principles of logic and the scientific method to the practice of physical therapy, including:

a. Presenting a cogent rationale for clinical decisions;

b. Making clinical decisions within the context of the ethical practice set forth in Phy 500;

c. Making clinical decisions regarding therapy goals and the plan of care with the patient's informed consent and in accordance with RSA 328-A:15, III, IV, and V;

d. Utilizing information from multiple data sources to make clinical decisions;

e. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and

f. Using appropriate outcome measures in the delivery and assessment of ongoing patient care;

(3) Designing a physical therapy plan of care:

a. In collaboration with the patient;

b. Consistent with the patient's examination and evaluation;

c. Integrating goals, treatment, functional outcomes, and a discharge plan;

d. Specifying the expected time durations for the goals and functional outcomes;

e. Adjusted in response to changes in the patient's status; and

f. Establishing a plan for timely patient discharge; and

(4) Performing physical therapy interventions in a competent manner, including:

a. Selecting interventions designed to achieve the desired outcomes;

b. Performing effective, efficient, and coordinated movements in providing technically competent interventions;

c. Performing interventions consistent with the plan of care;

d. Providing interventions in a manner minimizing risk to the physical therapist and the patient; and

e. Using intervention time efficiently and effectively;

(1) Producing documentation to support the delivery of physical therapy services, including:

a. Selecting relevant information to document the delivery of care;

c. Producing documentation that follows the guidelines and format required by the practice setting;

d. Documenting patient care consistent with the board's rules and the requirements of third party payers; and

e. Producing documentation that is accurate, concise, timely, and legible;

(2) Participating in activities addressing quality of service delivery, including:

a. Seeking information regarding the quality of care the conditional licensee renders;

b. Following the policies and procedures established by the practice setting and the employer; and

c. Participating in quality assurance activities, peer reviews, and review of utilization of services;

(3) Addressing any needs of the patient for services other than physical therapy, including:

a. Determining the needs of, and available resources for, the patient;

b. Recommending referral(s) based on the expertise and effectiveness of provider(s);

c. Advocating for appropriate patient services and resources; and

d. Assisting patients in accessing resources; and

(4) Managing time, space, and equipment to achieve the goals of the practice site or practice setting, including:

a. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;

b. Using time effectively;

c. Adhering to reimbursement guidelines established by payers for physical therapy services; and

d. The scheduling of patients, equipment, and space; and

(d) Professional interaction skills, including:

(1) Presenting oneself in a professional manner, including:

a. Accepting responsibility for one's own actions;

b. Being punctual and dependable;

c. Completing scheduled assignments in a timely manner;

d. Wearing attire consistent with the expectations of the practice site or setting;

e. Abiding by policies and procedures of the practice site or setting; and

f. Adapting to changes in schedule, patient population, treatment location, and other changes similarly not within the control of the holder of the conditionally renewed license;

(2) Behaving professionally in interactions with others, including:

a. Maintaining productive working relationships with patients, the families of patients, and others;

b. Contributing to a positive work environment by treating others with positive regard, dignity, respect, and compassion;

c. Accepting criticism without defensiveness;

d. Managing conflict in positive ways; and

e. Maintaining patients' privacy and modesty;

(3) Adhering to ethical practice, including:

a. Complying with Phy 500;

b. Identifying situations in which ethical questions are present; and

c. Reporting to the employer and the OPLC violations of ethical practice;

(4) Adhering to legal practice standards, including:

a. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and

b. Identifying situations in which legal questions are present;

(5) Communicating in ways that are congruent with situational needs, including:

a. Communicating verbally and nonverbally in a professional and timely manner;

b. Initiating communication in difficult situations;

c. Selecting the most appropriate person(s) with whom to communicate;

d. Listening actively and attentively to understand what is being communicated by others;

e. Using professionally and technically correct language;

f. Communicating using nonverbal methods that are consistent with the intended message;

g. Interpreting and responding to the nonverbal communication of others; and

h. Evaluating the effectiveness of their own communication and modifying communication accordingly;

a. Communicating with others;

b. Developing plans of care; and

c. Implementing plans of care; and

a. Identifying and establishing priorities for educational needs;

b. Designing education activities to address identified needs;

c. Conducting educational activities using a variety of instructional strategies; and

d. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9456, eff 4-17-09; ss by #12088, eff 1-20-17; ss by #13825, eff 2-17-24 (formerly Phy 408.11)

Phy 408.10 Skills To Be Determined for Physical Therapist Assistants Holding Conditionally Renewed Licenses. The supervisor of a physical therapist assistant holding a conditionally renewed license shall, in the course of supervision, determine whether and to what extent the physical therapist assistant has the following skills:

(a) Collaboration and communication with the supervisor;

(b) Assessment skills, including:

(1) Performing regular re-assessments of the client's status;

(2) Performing regular assessments of the effectiveness of the client's treatment; and

(3) Assessing changes in the client's status;

(1) Practicing in a manner that minimizes risk to the patient, to the physical therapist assistant and to others including, but not limited to: