Bill Text - HB369 (2021)

Relative to the use of physical agent modalities by occupational therapists.


Revision: Jan. 9, 2021, 7:59 p.m.

HB 369-FN - AS INTRODUCED

 

 

2021 SESSION

21-0136

10/08

 

HOUSE BILL 369-FN

 

AN ACT relative to the use of physical agent modalities by occupational therapists.

 

SPONSORS: Rep. McGuire, Merr. 29; Rep. M. Pearson, Rock. 34; Sen. Reagan, Dist 17

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill limits the use of ultrasound and electrical physical agent modalities by occupational therapists and occupational therapy assistants.

 

This bill is a request of the office of professional licensure and certification.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0136

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the use of physical agent modalities by occupational therapists.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Occupational Therapists; Rulemaking.  Amend RSA 326-C:7 to read as follows:

326-C:7  Rulemaking.  The board shall adopt rules pursuant to RSA 541-A specifying:

I.  [The physical agent modalities which may be applied as an adjunct to, or in preparation for, engagement in purposeful activities and occupations;

II.  The eligibility requirements to be met by licensees seeking a certificate authorizing the application of physical agent modalities;

III.  The documentation required by the board for the issuance of a certificate authorizing a licensee to apply physical agent modalities;

IV.]  The requirements for supervision of licensed occupational therapy assistants by licensed occupational therapists; and

[V.] II.  The use and supervision of non-licensed persons providing supportive services to licensed occupational therapists or occupational therapy assistants.

2  Occupational Therapists; Physical Agent Modalities  RSA 326-C:8 is repealed and reenacted to read as follows:

326-C:8  Physical Agent Modalities.

I.  An occupational therapist who is licensed under this chapter and who has been trained may utilize occupational therapy techniques involving ultrasound or electrical physical agent modality devices.  The application of ultrasound and electrical physical agent modality devices shall be limited to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.

II.  An occupational therapy assistant who is licensed under this chapter may apply ultrasound or electrical physical agent modality devices if he or she:

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

(b)  Has been trained to utilize occupational therapy techniques involving ultrasound or electrical agent modality devices; and  

(c)  Limits the application of ultrasound and electrical physical agent modality devices to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

21-0136

12/11/20

 

HB 369-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the use of physical agent modalities by occupational therapists.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other -Office of Professional Licensure and Certification Fund (RSA 310-A:1-e,I(b))

 

METHODOLOGY:

This bill eliminates the requirement for licensees to obtain a separate certificate to provide Physical Agent Modalities.  There are no fees associated with these certificates so there is no revenue loss but there may be indeterminable cost savings associated with the elimination of staff and Board time to process the requests for certification.

 

It is assumed any fiscal impact would occur after July 1, 2021.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification

 

HB 369-FN - AS INTRODUCED

 

 

2021 SESSION

21-0136

10/08

 

HOUSE BILL 369-FN

 

AN ACT relative to the use of physical agent modalities by occupational therapists.

 

SPONSORS: Rep. McGuire, Merr. 29; Rep. M. Pearson, Rock. 34; Sen. Reagan, Dist 17

 

COMMITTEE: Executive Departments and Administration

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill limits the use of ultrasound and electrical physical agent modalities by occupational therapists and occupational therapy assistants.

 

This bill is a request of the office of professional licensure and certification.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0136

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the use of physical agent modalities by occupational therapists.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Occupational Therapists; Rulemaking.  Amend RSA 326-C:7 to read as follows:

326-C:7  Rulemaking.  The board shall adopt rules pursuant to RSA 541-A specifying:

I.  [The physical agent modalities which may be applied as an adjunct to, or in preparation for, engagement in purposeful activities and occupations;

II.  The eligibility requirements to be met by licensees seeking a certificate authorizing the application of physical agent modalities;

III.  The documentation required by the board for the issuance of a certificate authorizing a licensee to apply physical agent modalities;

IV.]  The requirements for supervision of licensed occupational therapy assistants by licensed occupational therapists; and

[V.] II.  The use and supervision of non-licensed persons providing supportive services to licensed occupational therapists or occupational therapy assistants.

2  Occupational Therapists; Physical Agent Modalities  RSA 326-C:8 is repealed and reenacted to read as follows:

326-C:8  Physical Agent Modalities.

I.  An occupational therapist who is licensed under this chapter and who has been trained may utilize occupational therapy techniques involving ultrasound or electrical physical agent modality devices.  The application of ultrasound and electrical physical agent modality devices shall be limited to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.

II.  An occupational therapy assistant who is licensed under this chapter may apply ultrasound or electrical physical agent modality devices if he or she:

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

(b)  Has been trained to utilize occupational therapy techniques involving ultrasound or electrical agent modality devices; and  

(c)  Limits the application of ultrasound and electrical physical agent modality devices to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

21-0136

12/11/20

 

HB 369-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the use of physical agent modalities by occupational therapists.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other -Office of Professional Licensure and Certification Fund (RSA 310-A:1-e,I(b))

 

METHODOLOGY:

This bill eliminates the requirement for licensees to obtain a separate certificate to provide Physical Agent Modalities.  There are no fees associated with these certificates so there is no revenue loss but there may be indeterminable cost savings associated with the elimination of staff and Board time to process the requests for certification.

 

It is assumed any fiscal impact would occur after July 1, 2021.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification