485.705—Personnel qualifications.
(a) General qualification requirements.
Except as specified in paragraphs (b) and (c) of this section, all personnel who are involved in the furnishing of outpatient physical therapy, occupational therapy, and speech-language pathology services directly by or under arrangements with an organization must be legally authorized (licensed or, if applicable, certified or registered) to practice by the State in which they perform the functions or actions, and must act only within the scope of their State license or State certification or registration.
(b) Exception for Federally defined qualifications.
The following Federally defined qualifications must be met:
(1)
For a physician, the qualifications and conditions as defined in section 1861(r) of the Act and the requirements in part 484 of this chapter.
(2)
For a speech-language pathologist, the qualifications specified in section 1861(11 )(1) of the Act and the requirements in part 484 of this chapter.
(c) Exceptions when no State Licensing laws or State certification or registration requirements exist.
If no State licensing laws or State certification or registration requirements exist for the profession, the following requirements must be met—
(i)
Has experience or specialized training in the administration of health institutions or agencies; or
(i)
Two years experience in vocational counseling in a rehabilitation setting such as a sheltered workshop, State employment service agency, etc.; or
(ii)
At least 18 semester hours in vocational rehabilitation, educational or vocational guidance, psychology, social work, special education or personnel administration, and 1 year of experience in vocational counseling in a rehabilitation setting; or
(i)
Be a registered professional nurse who is authorized by the State in which the services are furnished to practice as a nurse practitioner in accordance with State law; and
(ii)
Be certified as a nurse practitioner by a recognized national certifying body that has established standards for nurse practitioners; or
(iii)
Be a registered professional nurse who is authorized by the State in which the services are furnished to practice as a nurse practitioner in accordance with State law and have been granted a Medicare billing number as a nurse practitioner by December 31, 2000; or
(iv)
Be a nurse practitioner who on or after January 1, 2001, applies for a Medicare billing number for the first time and meets the standards for nurse practitioners in paragraphs (c)(8)(i) and (c)(8)(ii) of this section; or
(v)
Be a nurse practitioner who on or after January 1, 2003, applies for a Medicare billing number for the first time and possesses a master's degree in nursing and meets the standards for nurse practitioners in paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
(i)
Be a registered nurse who is currently licensed to practice in the State where he or she practices and be authorized to perform the services of a clinical nurse specialist in accordance with State law;
(ii)
Have a master's degree in a defined clinical area of nursing from an accredited educational institution; and,
(i)
Has graduated from a physician assistant educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; or
(ii)
Has passed the national certification examination that is administered by the National Commission on Certification of Physician Assistants; and
[63 FR 58912, Nov. 2, 1998; 64 FR 25457, May 12, 1999; 64 FR 59442, Nov. 2, 1999]