---
kind: "section"
citation: "42 C.F.R. § 485.70"
title: "42"
number: "485.70"
heading: "Personnel qualifications."
url: "https://uscodex.org/cfr/42/485.70"
---

# §485.70. Personnel qualifications.


This section sets forth the qualifications that must be met, as a condition of participation, under [§ 485.58](/cfr/42/485.58.md), and as a condition of coverage of services under [§ 410.100](/cfr/42/410.100.md) 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](/cfr/42/484.115.md) 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](/cfr/42/484.115.md) of this chapter.
- (f) **A <I>prosthetist</I> 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 <I>rehabilitation counselor</I> 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 <I>respiratory therapy technician</I> 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 <I>social worker</I> 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](/cfr/42/part484.md) of this chapter.

## Notes

### 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.

### 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]
