New Hampshire Administrative Code

(a) The board shall recognize participation in an occupational therapy research project as maintenance of continuing competence. (b) The board shall credit the licensee with one contact hour for every 4 clock hours spent on a research project, to a maximum of 8 contact hours. (c)…

(a) The board shall recognize as maintenance of continuing competence the receipt during the biennium by a licensee of:(1) An initialAOTA board certification in:a. Geriatrics; b. Mental health; c. Pediatrics; or d. Physical disabilities; (2) An initial AOTA specialty certificatio…

(a) The board shall recognize as maintenance of continuing competence the development of a product related to occupational therapy and disseminated by a manufacturer, distributor, publisher or government agency. (b) The board shall credit the licensee with 4 contact hours for the…

(a) The board shall recognize as maintenance of continuing competence the participation by a licensee in the work of a board or committee of a professional occupational therapy organization or government agency. (b) The board shall credit the licensee with 2 contact hours for eac…

(a) The board shall recognize as maintenance of continuing competence a licensee's certification or re-certification in cardiopulmonary resuscitation. (b) The board shall credit the licensee with one contact hour for each clock hour spent in preparation for certification or re-ce…

(a) The board shall recognize as maintenance of continuing competence a licensee's receipt of infection control education. (b) The board shall credit the licensee with one contact hour for each clock hour spent in receipt of infection control education, to a maximum of 2 contact …

(a) "Current best evidence" means methods of intervention determined by the profession of occupational therapy, based on research or professional peer review, to be the accepted and optimal ones. (b) "Standardized assessment" means a test using standard procedures, requiring indi…

A referral shall not be required for a licensed occupational therapist to provide: (a) Consultation; (b) Screening, evaluation and re-evaluation of clients; (c) Wellness services; (d) Prevention services; and (e) Special education services to students with non-medically related c…

(a) An occupational therapist shall:(1) Initiate and direct the screening, evaluation and re-evaluation processes; (2) Analyze and interpret the resulting data; and (3) Document the results of the screening, evaluation or re-evaluation. (b) The occupational therapist shall evalua…

(a) Treatment of individuals with medically related conditions shall be initiated only after: (1) A referral from a licensed physician, a licensed physician assistant, a licensed advanced registered nurse practitioner, a licensed chiropractor, a licensed optometrist or any other …

(a) An occupational therapist shall make the decision about discontinuing services. (b) Services shall be discontinued when: (1) The client has achieved identified treatment goals; (2) The client has reached maximum benefit from treatment; or (3) The client does not desire to con…

(a) Occupational therapy assistants shall be supervised in their work in occupational therapy by occupational therapists: (1) Who meet the description in Occ 408.07; (2) In accordance with the requirements of (b), (c) and (d) below; and (3) For periods longer than those set forth…

To qualify to supervise occupational therapy assistants individuals shall be: (a) Currently licensed in New Hampshire as occupational therapists; (b) Not under disciplinary investigation by the board or under pending disciplinary charges in the facilities where supervision is to …

An occupational therapist shall not supervise at any one time more occupational therapy assistants than those whose combined work hours total the work hours of 2 full-time occupational therapy assistants. Notes N.H. Admin. Code § Occ 407.08 #8896, eff 6-7-07; ss by #9308, eff 10-…

(a) Before beginning work in occupational therapy, an occupational therapy assistant shall: (1) Give to the person intending to provide supervision to the assistant a copy of Occ 408.06-Occ 408.10 and the supervision form; (2) Discuss the supervision requirements with the person …

The supervision form shall be the form as specified in Ahp 601.06: Notes N.H. Admin. Code § Occ 407.10 #8896, eff 6-7-07; ss by #10902, eff 7-29-15; Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13417, Effective 7/26/2022, Expires 7/26/2032 (formerly Occ 4…

(a) A licensee shall delegate supportive tasks to an individual not licensed by the board only when: (1) The anticipated outcome of such tasks is predictable; (2) The client and the client's environment are sufficiently stable that judgment, interpretations and adaptations by the…

Pursuant to RSA 328-F:21, licensees shall: (a) Maintain their current business and home addresses on file with the board's office; (b) Notify the board's office of any change in address no later than 30 days from the date of the change; (c) Notify the board's office of any change…

Notes N.H. Admin. Code § Occ 408.13 The adopted version of this section by New Hampshire Register Number 28, eff. 8/25/2023 is not yet available.

"American Occupational Therapy Association, Inc. (AOTA)" means the entity recognized as the national professional organization of occupational therapists and occupational therapy assistants. Notes N.H. Admin. Code § Occ 501.01 #8275, eff 1-26-05; ss by #10282, eff 2-28-13 Amended…

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

Pursuant to RSA 328-F:23 (c), II, a violation of the ethical standards shall constitute misconduct. Notes N.H. Admin. Code § Occ 502.02 #8275, eff 1-26-05; ss by #10282, eff 2-28-13 Amended by Number 28, Filed July 13, 2023, Proposed by #13678, Effective 8/25/2023, Expires 8/25/2…

"Board" means the oil fund disbursement board established by RSA 146-D:4. Notes N.H. Admin. Code § Odb 101.01 (See Revision Note at chapter heading for Odb 100) #5534, eff 12-21-92; rpld by #6543, eff 7-22-97; ss by #8456, eff 10-25-05 Amended by Volume XL Number 2, Filed January…

"Confidential business information (CBI)" means information that is exempt from disclosure under RSA 91-A:5, IV, or information used in business that provides an advantage over competitors who do not know of or use it. Notes N.H. Admin. Code § Odb 101.02 (See Revision Note at cha…

The board shall administer the provisions of RSA 146-D. Notes N.H. Admin. Code § Odb 102.01 #8456, eff 10-25-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

(a) The board shall elect a chairman and vice chairman from among its members at the first meeting of each calendar year. (b) The chairman shall preside at all meetings. In the absence of the chairman, the vice-chairman shall preside. (c) If both the chairman and vice-chairman ar…

(a) The board's office location shall be at the: New Hampshire Department of Environmental Services 29 Hazen Drive Concord, New Hampshire (b) The board's office shall be open to the public Monday through Friday, 8:00 am to 4:00 pm, excluding holidays. (c) Correspondence shall be …

The chairman shall establish the date, time and location of meetings. Each member of the board shall be notified in writing of the date, time, location and agenda for meetings. Notice of meetings shall be posted at the board office, through the General Court calendar, on the depa…

The board shall, through the department of environmental services, prepare a written agenda in advance of a meeting, record the proceedings, and prepare a written summary of proceedings. Notes N.H. Admin. Code § Odb 103.02 #8456, eff 10-25-05 Amended by Volume XL Number 2, Filed …

Robert's Rules of Order Newly Revised, 11th Edition shall govern the procedures of the board. Notes N.H. Admin. Code § Odb 103.03 #8456, eff 10-25-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

(a) A quorum of the board shall be a simple majority of the total number of sitting members, provided, however, that in the context of a hearing proceeding, a quorum shall be a simple majority of those sitting members who have not recused themselves from the proceeding. (b) The b…

(a) All board records of meetings and official actions shall be public records unless deemed confidential under RSA 91-A:3, II or RSA 91-A:5. (b) Board records of official actions under Odb 400 shall be available for public inspection on the internet through the department of env…

(a) The board shall, through the department of environmental services, maintain records of activity conducted under its authority as follows:(1) Requests for reimbursement submitted under Odb 400 shall be maintained for 2 years after processing; (2) Notices of reimbursement issue…

(a) Any person claiming that information submitted to the board under Odb 200 or Odb 400 is CBI, shall assert that claim at the time the information is initially submitted by stamping or otherwise marking each page of such information with the notation "confidential" or "confiden…

(a) Any information for which no claim of confidentiality was made at the time of the initial submission shall not be considered confidential. (b) Comments submitted by any person during the public comment period of any administrative proceeding shall not be considered confidenti…

The board shall release information not identified as CBI, in accordance with RSA 91-A:4, IV. Notes N.H. Admin. Code § Odb 105.03 #8456, eff 10-25-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

(a) The purpose of this chapter is to provide uniform procedures for the conduct of all non-adjudicative and adjudicative proceedings, including requests for reconsideration, declaratory rulings, rulemaking petitions, and hearings in contested cases. (b) This chapter is intended …

(a) The procedures set forth in this chapter shall apply to all proceedings conducted by the oil fund disbursement board, and shall be in addition to any applicable requirements of RSA 541-A. (b) All board proceedings shall be subject to the provisions of RSA 91-A. Notes N.H. Adm…

"Board" means the oil fund disbursement board established by RSA 146-D:4. Notes N.H. Admin. Code § Odb 202.01 (See Revision Note at chapter heading Odb 200) #5534, eff 12-21-92 , EXPIRED: 12-21-2000 New. #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, …

"Department" means the New Hampshire department of environmental services. Notes N.H. Admin. Code § Odb 202.02 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

"Presiding officer" means the chairman of the board, or in the absence of the chairman, the vice chairman of the board. Notes N.H. Admin. Code § Odb 202.03 Derived from Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019

"Sitting member" means an individual who has been appointed to the board and to whom the oath of office has been administered, and includes any member whose term has expired until such time as a replacement is appointed. The term does not include any member who has resigned from …

Prior to the commencement of hearing procedures, any party may submit a written request to waive the application of any of the hearing rules of this part not required by statute. If no party objects to the request, and if the board determines that granting the request is necessar…

(a) Any person aggrieved by a decision of the board or the department may request a hearing within 30 days of the decision notification date. Such requests shall include a statement of the relief sought and the rule or statutory provision under which the relief is sought. (b) The…

All hearings before the board shall be held at a location designated by the board and notice shall be provided in accordance with Odb 203.10. Notes N.H. Admin. Code § Odb 203.03 #8490-A, eff 11-22-05 Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effect…

All time periods referenced in this chapter shall be calendar days, commencing with the first day following the date of an action. If the last day of the time period falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business…

(a) Any party requesting a hearing may petition the board to extend any time limit prescribed by this chapter for good cause as specified in (d) below. A request for an extension shall be submitted in writing to the board prior to the expiration of the prescribed period and shall…