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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 369-FN - AS INTRODUCED
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 1 Occupational Therapists; Rulemaking. Amend RSA 326-C:7 to read as follows:
2 326-C:7 Rulemaking. The board shall adopt rules pursuant to RSA 541-A specifying:
3 I. [The physical agent modalities which may be applied as an adjunct to, or in preparation
4 for, engagement in purposeful activities and occupations;
5 II. The eligibility requirements to be met by licensees seeking a certificate authorizing the
6 application of physical agent modalities;
7 III. The documentation required by the board for the issuance of a certificate authorizing a
8 licensee to apply physical agent modalities;
9 IV.] The requirements for supervision of licensed occupational therapy assistants by licensed
10 occupational therapists; and
11 [V.] II. The use and supervision of non-licensed persons providing supportive services to
12 licensed occupational therapists or occupational therapy assistants.
13 2 Occupational Therapists; Physical Agent Modalities RSA 326-C:8 is repealed and reenacted to
14 read as follows:
15 326-C:8 Physical Agent Modalities.
16 I. An occupational therapist who is licensed under this chapter and who has been trained
17 may utilize occupational therapy techniques involving ultrasound or electrical physical agent
18 modality devices. The application of ultrasound and electrical physical agent modality devices shall
19 be limited to the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper
20 extremity function.
21 II. An occupational therapy assistant who is licensed under this chapter may apply
22 ultrasound or electrical physical agent modality devices if he or she:
23 (a) Works under the direct supervision of a qualified occupational therapist who is
24 licensed under this chapter;
25 (b) Has been trained to utilize occupational therapy techniques involving ultrasound or
26 electrical agent modality devices; and
27 (c) Limits the application of ultrasound and electrical physical agent modality devices to
28 the shoulder, arm, elbow, forearm, wrist, or hand to restore and enhance upper extremity function.
29 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
Indeterminable Indeterminable Indeterminable
Expenditures $0
Decrease Decrease Decrease
[ ] General [ ] Education [ ] Highway [ X ] Other -Office of
Funding Source:
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


Statutes affected:
Introduced: 326-C:7
Ought to Pass: 326-C:7
latest version: 326-C:7