§485.70. Personnel qualifications.

42 C.F.R. § 485.70

This section sets forth the qualifications that must be met, as a condition of participation, under § 485.58, and as a condition of coverage of services under § 410.100 of this chapter.

(a)

A facility physician must be a doctor of medicine or osteopathy who—

(1)

Is licensed under State law to practice medicine or surgery; and

(2)

Has had, subsequent to completing a 1-year hospital internship, at least 1 year of training in the medical management of patients requiring rehabilitation services; or

(3)

Has had at least 1 year of full-time or part-time experience in a rehabilitation setting providing physicians' services similar to those required in this subpart.

(b)

A licensed practical nurse must be licensed as a practical or vocational nurse by the State in which practicing, if applicable.

(c)

An occupational therapist and an occupational therapy assistant must meet the qualifications in § 484.115 of this chapter.

(d)

An orthotist must—

(1)

Be licensed by the State in which practicing, if applicable;

(2)

Have successfully completed a training program in orthotics that is jointly recognized by the American Council on Education and the American Board for Certification in Orthotics and Prosthetics; and

(3)

Be eligible to take that Board's certification examination in orthotics.

(e)

A physical therapist and a physical therapist assistant must meet the qualifications in § 484.115 of this chapter.

(f)

A prosthetist must—

(1)

Be licensed by the State in which practicing, if applicable;

(2)

Have successfully completed a training program in prosthetics that is jointly recognized by the American Council on Education and the American Board for Certification in Orthotics and Prosthetics; and

(3)

Be eligible to take that Board's certification examination in prosthetics.

(g)

A psychologist must be certified or licensed by the State in which he or she is practicing, if that State requires certification or licensing, and must hold a masters degree in psychology from and educational institution approved by the State in which the institution is located.

(h)

A registered nurse must be a graduate of an approved school of nursing and be licensed as a registered nurse by the State in which practicing, if applicable.

(i)

A rehabilitation counselor must—

(1)

Be licensed by the State in which practicing, if applicable;

(2)

Hold at least a bachelor's degree; and

(3)

Be eligible to take the certification examination administered by the Commission on Rehabilitation Counselor Certification.

(j)

A respiratory therapist must complete one the following criteria:

(1)

Criterion 1. All of the following must be completed:

(i)

Be licensed by the State in which practicing, if applicable.

(ii)

Have successfully completed a nationally-accredited educational program for respiratory therapists.

(iii)

(A)

Be eligible to take the registry examination administered by the National Board for Respiratory Care for respiratory therapists; or

(B)

Have passed the registry examination administered by the National Board for Respiratory Care for respiratory therapists.

(2)

Criterion 2— All of the following must be completed:

(i)

Be licensed by the State in which practicing, if applicable.

(ii)

Have equivalent training and experience as determined by the National Board for Respiratory Care.

(k)

A respiratory therapy technician must—

(1)

Be licensed by the State in which practicing, if applicable;

(2)

Have successfully completed a training program accredited by the Committees on Allied Health Education and Accreditation (CAHEA) in collaboration with the Joint Review Committee for Respiratory Therapy Education; and

(3)

Either—

(i)

Be eligible to take the certification examination for respiratory therapy technicians administered by the National Board for Respiratory Therapy, Inc,; or

(ii)

Have equivalent training and experience as determined by the National Board for Respiratory Therapy, Inc.

(l)

A social worker must—

(1)

Be licensed by the State in which practicing, if applicable;

(2)

Hold at least a bachelor's degree from a school accredited or approved by the Council on Social Work Education; and

(3)

Have 1 year of social work experience in a health care setting.

(m)

A speech-language pathologist must meet the qualifications set forth in part 484 of this chapter.

Notes, amendments, and revision history

Amendments

[48 FR 56293, Dec. 15, 1982. Redesignated and amended at 50 FR 33034, Aug. 16, 1985; 51 FR 41352, Nov. 14, 1986; 60 FR 2327, Jan. 9, 1995; 72 FR 66408, Nov. 27, 2007; 73 FR 69941, Nov. 19, 2008; 74 FR 62014, Nov. 25, 2009; 82 FR 4591, Jan. 13, 2017; 86 FR 61622, Nov. 5, 2021; 88 FR 36510, June 5, 2023]

Authority

Authority: 42 U.S.C. 1302 and 1395(hh).

Source

Source: 48 FR 56293, Dec. 15, 1982, unless otherwise noted. Redesignated at 50 FR 33034, Aug. 16, 1985.

§485.70. Personnel qualifications.

Amendments

Authority

Source

Amendments

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