New Hampshire Administrative Code

"Direct supervision" means: (a) One or more face-to-face meetings between a supervisor and the person being supervised for the purpose of reviewing a treatment plan or treatment progress; or (b) Direct and continuous observation by the supervisor of the activities of the person b…

"Indirect supervision" means supervision through the supervisor's review of the treatment progress notes made by the person supervised, telephone conversations between the supervisor and the person supervised, electronic correspondence between the supervisor and the person superv…

"Job shadow" means gaining knowledge about the practice of occupational therapy through observation of an occupational therapist or occupational therapist assistant. Notes N.H. Admin. Code § Occ 401.05 #8896, eff 6-7-07 Derived From Volume XXXV Number 32, Filed August 13, 2015, P…

"National Board for Certification in Occupational Therapy, Inc. (NBCOT)" means the entity that develops the national examination for occupational therapy and certifies individuals in occupational therapy practice. Notes N.H. Admin. Code § Occ 401.06 #8896, eff 6-7-07 Renumbered f…

"Supervision" means a cooperative process in which 2 or more people participate in a joint effort to establish, maintain or elevate a level of competence and performance. Notes N.H. Admin. Code § Occ 401.07 #8896, eff 6-7-07 Renumbered from Occ 401.06 Volume XXXV Number 32, Filed…

"Supportive tasks" means tasks or treatment which facilitate the delivery of occupational therapy, are routine and are easily learned by unlicensed persons. Notes N.H. Admin. Code § Occ 401.08 #8896, eff 6-7-07 Renumbered from Occ 401.07 Volume XXXV Number 32, Filed August 13, 20…

"Renewal year" means any odd-numbered year which is not the year of initial licensure. Notes N.H. Admin. Code § Occ 401.09 Renumbered from Occ 401.08 Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10902, Effective 7/29/2015, Expires7/29/2025. The amended version of th…

(a) A licensee wishing to renew his or her current license shall: (1) Submit the completed renewal application packet described in Occ 402.02; and (2) Do so by one of the following 3 methods: a. The timely renewal method consisting ofdelivery of the completed packet by hand or se…

Applicants for license renewal shall submit the following components of the application packet: (a) In addition to the questions contained on the form described in Ahp 601.03 the licensee shall answer the following question: "Have you been active in the profession as an occupatio…

Applicants for licensure renewal shall include in their application packets: (a) On a separate sheet, a detailed report of the relevant circumstances concerning any answer in the affirmative from the application form specified in Ahp 601.03; and (b) If applying for renewal of lic…

(a) If the board, after receiving and reviewing a completed license renewal application packet requires further information or documents to determine the renewal applicant's eligibility, the board shall: (1) So notify the applicant in writing within 30 days; and (2) Specify the i…

The board shall renew the licenses of licensees who: (a) Have timely submitted the completed renewal application packet; (b) Have reported on the renewal application form their compliance with the maintenance of continuing competence obligations set forth in Occ 406.02; (c) Are o…

Applicants for licensure renewal shall include in their application packets: (a) A detailed report of the relevant circumstances if any of the answers to questions Occ 402.04(e) on part one of the application form is in the affirmative; (b) On a separate sheet, a detailed report …

(a) The board shall select on a random basis 10% of the renewal applications submitted in each renewal year for an audit of completion of maintenance of continuing competence required by Occ 406.02. (b) Audited renewal applicants who report on their renewal application form that …

The following licenses shall be subject to reinstatement by the board: (a) Licenses lapsed pursuant to Occ 402.01(b); (b) Licenses suspended pursuant to Occ 402.06(f)(2); and (c) Licenses suspended for disciplinary reasons as part of a settlement pursuant to Ahp 214 or as part of…

(a) If the board, after receiving and reviewing a completed application for reinstatement of licensure, requires further information or documents to determine the reinstatement applicant's qualification, the board shall: (1) So notify the applicant in writing within 30 days; and …

(a) The reinstatement application form shall be the completed and signed application form specified in Ahp 601.02. Notes N.H. Admin. Code § Occ 403.03 #8896, eff 6-7-07 Derived From Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10902, Effective 7/29/2015, Expires7/29…

The board shall reinstate lapsed licenses if the affected individuals: (a) Submit their applications for reinstatement and provided all the information described in (d) below within 70 days of the last date on which their New Hampshire licenses were valid; (b) Are of good moral a…

The board shall fully reinstate licenses which have been lapsed for any period of time in excess of 70 days if the affected individuals: (a) Have been, in another state, active in the profession as defined by Occ 401.01 since their New Hampshire licenses ceased to be valid; (b) A…

(a) For those not active in the profession as defined by Occ 401.01 and seeking reinstatement of licenses lapsed up to and including 6 years before the date of the reinstatement application, the board shall conditionally reinstate their licenses, as further set forth in Occ 404, …

(a) For those not active in the profession as defined by Occ 401.01 and seeking reinstatement of licenses lapsed for more than 6 years, the board shall reinstate their licenses if the affected individuals: (1) Are of good moral and professional character, as evidenced by:a. Answe…

For occupational therapy assistants not active in the profession as defined by Occ 401.01 and seeking reinstatement of licenses lapsed for more than 6 years, the board shall reinstate their licenses if they meet all requirements set forth in Occ 403.07, except that they shall job…

(a) The board shall reinstate licenses suspended for disciplinary reasons by order of the board in accordance with the terms of the order and the requirements set forth in Occ 403.06. (b) The board shall reinstate licenses suspended as part of a settlement agreement pursuant to A…

The materials supporting the reinstatement application shall be as described below: (a) A 2 X 2 photograph of the applicant's face taken within the immediately preceding 6 months; (b) On a separate sheet, a detailed report of the relevant circumstances concerning any answer in th…

Licenses reinstated conditionally pursuant to Occ 403.05 shall: (a) Limit the licensee to practicing occupational therapy under the following conditions: (1) Direct supervision by a supervisor who meets the requirements of Occ 404.04 during 5 percent of the hours worked each week…

(a) To achieve full licensure conditionally reinstated licensees shall, within the period of validity of their conditionally reinstated licenses: (1) Practice under the supervision required by Occ 404.01(a) for at least 12 weeks if practicing 32 hours each week or for at least 24…

(a) Before being issued a conditional license authorizing supervision by each individual who will provide some or all of the weeks of supervision, conditionally reinstated licensees shall: (1) Give to these individuals a supervision form to complete and a copy of Occ 404; (2) Dis…

To qualify to provide supervision to conditionally reinstated licensees, individuals shall be: (a) Currently licensed in New Hampshire as occupational therapists; (b) Non-probationary employees not under disciplinary investigation or under pending disciplinary charges and have no…

The supervision form shall be the form specified in Ahp 601.06. Notes N.H. Admin. Code § Occ 404.05 #8896, eff 6-7-07 Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10902, Effective 7/29/2015, Expires7/29/2025. Amended by Volume XLII Number 32, Filed August…

(a) The board shall extend the period of validity of a conditionally reinstated license for not more than 26 weeks when:(1) The request for the extension of the conditionally reinstated license is received when the conditional license is still valid; (2) The licensee has been una…

The board shall issue a full license when the conditionally reinstated licensee has: (a) Completed the supervised practice required by Occ 404.02(a)(l); and (b) Submitted to the board the supervisory letter described in Occ 404.02(a)(2) within 14 days of completion of the supervi…

(a) Notwithstanding Occ 404.01(b), a conditionally reinstated license shall expire when the board approves or denies full initial licensure. (b) The conditionally reinstated licensee shall have the right to challenge the board's denial of full licensure through an adjudicative he…

(a) "Sexual misconduct" means engaging in one or more of the following activities with respect to a client: (1) Engaging in sexual relations, whether consensual or non-consensual; (2) Making sexual advances; (3) Requesting sexual favors; or (4) Engaging in physical contact of a s…

Misconduct shall be: (a) Knowingly or negligently providing inaccurate material information to the board 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…

(a) Pursuant to RSA 328-F:23, IV(a) through (f), 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 continu…

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 …

(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 liste…

The board shall select appropriate sanction(s): (a) From the list in Occ 405.03; and (b) By choosing, in light of the characteristics determined pursuant to Occ 405.05(b), the sanction or combination of sanctions most likely to: (1) Protect public health and safety; (2) Prevent f…

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;…

In Occ 406 the following terms shall have the following meanings: (a) "American Occupational Therapy Association (AOTA)" means the national professional association of occupational therapists, occupational therapy assistants and students of occupational therapy, organized with th…

(a) Licensees intending to renew their licensure shall maintain continuing competence by: (1) Completing 24 contact hours of continuing professional education perbiennium in accordance with (d) below if they are renewing:a. An initial license issued in an even-numbered year; or b…

(a) The board shall recognize as maintenance of continuing competence a licensee's maintenance of current NBCOT certification. (b) Maintenance of NBCOT certification shall fulfill the requirements of Occ 406.02(a), (b) and (c) for the biennium. (c) Documentation of maintenance of…

(a) The Board shall recognize academic coursework and documentation as follows: (1) Receipt of academic course work shall be a licensee's completion of academic course work in occupational therapy sponsored and assigned credit by a college or university; (2) Credit for academic c…

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

(a) The board shall recognize informal independent study in occupational therapy as maintenance of continuing competence. (b) Informal independent study shall include but not be limited to: (1) Reading occupational therapy-related books and journals; and (2) Viewing video recorde…

(a) The board shall recognize formal mentored independent study in occupational therapy as maintenance of continuing competence so long as the study is performed under a written and signed mentorship agreement setting forth: (1) The name of the mentor; and (2) The goals and objec…

(a) The board shall recognize as maintenance of continuing competence the direct supervision of fieldwork when the licensee acts as the primary fieldwork instructor for a level I or level II fieldwork student. (b) The board shall credit the licensee with one contact hour per one …