N.J. Admin. Code § 13:44K-5.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44K-5.4 - Use of physical agent modalities by a licensed occupational therapist; delegation to licensed occupational therapy assistant

(a) A licensed occupational therapist may use physical agent modalities as set forth in this section for the purpose of enhancing the functional performance of a client. For purposes of this section, "physical agent modalities" shall mean those modalities that produce a biophysical response through the use of light, water, temperature, sound, electricity or mechanical devices.

(b) A licensed occupational therapist may use superficial thermal agents, such as hydrotherapy/whirlpool, cryotherapy (cold packs, ice), fluidotherapy, hot packs, paraffin, water, infrared light and other commercially available heating and cooling technologies and mechanical devices, such as vasopneumatic and continuous passive motion devices.

(c) A licensed occupational therapist shall demonstrate competency, as provided in (e) or (f) below, prior to using any of the following advanced physical agent modalities: diathermy; high-voltage galvanic stimulation; micro current stimulation; transcutaneous electrical nerve stimulation; neuromuscular electrical stimulation; iontophoresis; therapeutic ultrasound; phonophoresis; and cold lasers.

(d) A provider of a training course in the use of advanced physical agent modalities may obtain Council approval of the course upon submission of documentation verifying that the course satisfies the requirements set forth in (e) below. Council approval for a training course shall be valid for one year. Resubmission of course documentation shall be required for renewal of course approval and whenever a provider changes the course content of an approved training course.

(e) A licensed occupational therapist may use advanced physical agent modalities if he or she has completed a Council-approved training course, which meets the following requirements:

1. The training course shall include at least 30 hours of didactic instruction. For purposes of this subsection, "didactic instruction" means live, in-person instruction and may include interactive telephonic or electronic instruction, but shall not include videotaped or audiotaped instruction. The training course shall include:

i. Four hours of training in the use of heat wave physical agent modalities;

ii. Sixteen hours of training in the use of electric wave physical agent modalities;

iii. Six hours of training in the use of sound wave physical agent modalities; and

iv. Four hours of training in the use of light wave physical agent modalities;

2. The training course shall include instruction in the following:

i. Principles of physics related to specific properties of light, water, temperature, sound or electricity, as indicated by each modality;

ii. Physiological, neurophysiological and electrophysiological changes, as indicated, which occur as a result of the application of each modality;

iii. The response of normal and abnormal tissue to the application of each modality;

iv. Indications or contraindications related to the selection and application of each modality;

v. Guidelines for educating clients, including instructing about the process and possible outcomes of treatment, including risks and benefits;

vi. Safety rules and precautions related to each modality;

vii. Methods of documenting the effectiveness of the immediate and long-term effects of treatment;

viii. Characteristics of the equipment, including safe operation, adjustment and care of the equipment; and

ix. Hands-on application of each modality by each course participant. Such instruction shall be provided in-person. Interactive telephonic or electronic instruction in the application of modalities shall not be permitted; and

3. The primary instructor of the course shall be a licensed occupational therapist, a licensed physical therapist, a licensed physical therapist assistant or a licensed physician.

(f) A licensed occupational therapist may use advanced physical agent modalities if he or she holds a current certification from the Hand Therapy Certification Commission or any other national organization that utilizes substantially similar certification standards.

(g) A licensed occupational therapist shall retain documentation relating to his or her training in the use of advanced physical agent modalities pursuant to (e) or (f) above and shall make such documentation available to the Council upon request. The documentation shall include, if applicable:

1. The name and address of the person or organization presenting the program, workshop or seminar;

2. The name and address of the facility where the program, workshop or seminar was presented;

3. A copy of the program, workshop or seminar syllabus, which includes a detailed description of the learning objectives and teaching methods employed in the course and the qualifications of the instructor(s); and

4. A certificate of completion from the program, workshop or seminar sponsor.

(h) A licensed occupational therapist may apply to the Council for approval of a course in the use of advanced physical agent modalities that has not been pre-approved by the Council. The licensee shall submit the documentation set forth in (g) above to the Council for review.

(i) A licensed occupational therapist may delegate the application of the superficial thermal agent and mechanical device modalities set forth in (b) above to a licensed occupational therapy assistant consistent with the requirements of 13:44K-5.3. Delegation of the application of such modalities to anyone other than a licensed occupational therapy assistant shall be deemed professional misconduct and may subject a licensee to the penalties set forth in 45:1-21 et seq.

(j) A licensed occupational therapist may delegate the application of the advanced physical agent modalities set forth in (c) above to a licensed occupational therapy assistant consistent with the requirements of 13:44K-5.5. Delegation of advanced physical agent modalities to anyone other than a licensed occupational therapy assistant who has satisfied the requirements of 13:44K-5.5 shall be deemed professional misconduct and may subject a licensee to the penalties set forth in 45:1-21 et seq.

(k) A licensed occupational therapist who uses the advanced physical agent modalities set forth in (c) above without having satisfied the requirements set forth in (e) or (f) above shall be deemed to have engaged in professional misconduct and may be subject to the penalties set forth in 45:1-21 et seq.

(l) Notwithstanding the fact that a licensed occupational therapist is permitted to use advanced physical agent modalities because he or she has satisfied the training requirements of this section, a licensed occupational therapist shall not use a specific physical agent modality device that he or she has not been trained to use until he or she is familiar with the device's proper use and contraindications. Failure to comply with this section shall be deemed professional misconduct and may subject a licensed occupational therapist to the penalties set forth in 45:1-21 et seq.

N.J. Admin. Code § 13:44K-5.4

Amended by 51 N.J.R. 769(b), effective 5/20/2019