Neb. Rev. Stat. § 38-2530 — NE Code / Chapter 38 / Section 38-2530
View Statute 38-2530
Status: in_force

(1)(a) If an occupational therapist's occupational therapy educational program does not include education in superficial thermal, deep thermal, electrotherapeutic, and mechanical devices or the occupational therapist is not certified by the Hand Therapy Certification Commission or other equivalent body recognized by the board, the occupational therapist shall request approval from the board to practice physical agent and instrument-assisted modalities.

(b) An occupational therapist may perform dry needling only in accordance with the level of education and training successfully completed. Education and training shall be approved by the board and include clinical instruction and application on the performance of dry needling.

(c) An occupational therapist may not use diathermy.

(2) The department shall issue a certificate to an occupational therapist to administer a physical agent and instrument-assisted modality if the occupational therapist:

(a) Has successfully completed a training course approved by the board and passed an examination approved by the board on the physical agent and instrument-assisted modality;

(b) Is certified as a hand therapist by the Hand Therapy Certification Commission or other equivalent body recognized by the board;

(c) Has a minimum of five years of experience in the use of physical agent and instrument-assisted modalities and has passed an examination approved by the board on physical agent and instrument-assisted modalities; or

(d) Has completed education during a basic educational program which included demonstration of competencies for application of physical agent and instrument-assisted modalities.

(3) The department shall issue a certificate for an occupational therapist to utilize dry needling if the occupational therapist has successfully completed a board-approved training course to administer dry needling.

(4) An occupational therapist shall not delegate evaluation, reevaluation, treatment planning, and treatment goals for physical agent and instrument-assisted modalities to an occupational therapy assistant.

(5)(a) An occupational therapy assistant may administer a physical agent modality if the occupational therapy assistant (i) has successfully completed a training course approved by the board and passed an examination approved by the board on the physical agent modality and (ii) is appropriately supervised by an occupational therapist who is approved to administer physical agent modalities.

(b) An occupational therapy assistant shall not complete evaluation, reevaluation, treatment planning, or treatment goal setting related to physical agent modality use.

(c) An occupational therapy assistant may not use the instrument-assisted modality of dry needling or diathermy.

(6) The department shall issue a certificate to authorize an occupational therapy assistant to set up and implement treatment using superficial thermal agent modalities, deep thermal agent modalities, electrotherapeutic modalities, and mechanical devices if the occupational therapy assistant has successfully completed a training course approved by the board and passed an examination approved by the board. Such set up and implementation shall only be done under the onsite supervision of an occupational therapist certified to administer such modalities.

Laws 2004, LB 1005, § 128;

R.S.Supp.,2006, § 71-6122;

Laws 2007, LB463, § 870;

Laws 2025, LB257, § 18.