Current through Register Vol. 47, No. 17, September 10, 2024
A.
Definitions
This Rule is promulgated pursuant to sections
12-20-204,
12-285-106(2)(b),
and 12-285-116(1),
C.R.S., regarding supervision of persons not licensed as a physical therapist,
and to clarify the types/levels of supervision utilized throughout the Physical
Therapy Practice Act and these Board Rules.
1. "General supervision" means the physical
therapist is not required to be on site for direction and supervision, but must
be available at least by telecommunications.
2. "Direct supervision" means the physical
therapist is physically present in the same location or the physical therapist
is virtually present synchronously through secure telehealth communications
during a telehealth visit.
3.
"Immediate supervision" means the physical therapist is physically present and
immediately available in the same physical location or the physical therapist
is virtually present synchronously through secure telehealth communications
during a telehealth visit.
B.
Licensure and Certification
Requirements: Credit for Military Experience
This Rule is promulgated pursuant to sections
12-20-202,
12-20-204, and
12-285-106(2)(b),
C.R.S., to outline the conditions and procedures governing the evaluation of an
applicant's military training and experience.
Education, training, or service gained in military services
outlined in section
12-20-202(4),
C.R.S., that is to be accepted and applied towards receiving either a physical
therapist license or a physical therapist assistant certification must be
substantially equivalent, as determined by the Board, to the qualifications
otherwise applicable at the time of the receipt of the application. It is the
applicant's responsibility to provide timely and complete evidence of the
education, training and/or service gained in the military for review and
consideration. Satisfactory evidence of such education, training or service
will be assessed on a case-by-case basis.
C.
Recognized Accrediting Agency
This Rule is promulgated pursuant to sections
12-20-204,
12-285-104(1),
12-285-106(2)(b),
12-285-110,
12-285-113,
12-285-117,
12-285-205, and
12-285-207, C.R.S., to designate a
nationally recognized accrediting agency for accrediting physical therapist and
physical therapist assistant programs.
The Commission on Accreditation in Physical Therapy Education
(CAPTE) is recognized as the accrediting agency for accrediting both physical
therapist and physical therapist assistant programs.
D.
Approved Examinations for
Licensing
This Rule is promulgated pursuant to sections
12-20-204,
12-285-106(2)(b),
12-285-110,
12-285-112,
12-285-113,
12-285-205, and
12-285-207, C.R.S., to designate a
nationally-recognized examination approved by the Board.
1. The examination developed by the
Federation of State Boards of Physical Therapy (FSBPT) entitled the National
Physical Therapy Examination (NPTE) for physical therapists is approved as the
required examination in the licensure process. An applicant must achieve a
passing score as determined by FSBPT in order to be eligible for licensure as a
physical therapist.
2. The
examination developed by FSBPT entitled the National Physical Therapy
Examination (NPTE) for physical therapist assistants is approved as the
required examination in the certification process. An applicant must achieve a
passing score as determined by FSBPT in order to be eligible for certification
as a physical therapist assistant.
E.
Declaratory Orders
This Rule is promulgated pursuant to sections
12-20-204,
12-285-106(2)(b),
and 24-4-105(11),
C.R.S., to establish procedures for the handling of requests for declaratory
orders filed pursuant to the Colorado Administrative Procedures Act.
1. Any person or entity may petition the
Board for a declaratory order to terminate controversies or remove
uncertainties as to the applicability of any statutory provision or of any rule
or order of the Board.
2. The Board
will determine, at its discretion and without notice to petitioner, whether to
rule upon such petition. If the Board determines that it will not rule upon
such a petition, the Board shall promptly notify the petitioner of its action
and state the reasons for such decision.
3. In determining whether to rule upon a
petition filed pursuant to this Rule, the Board will consider the following
matters, among others:
a. Whether a ruling on
the petition will terminate a controversy or remove uncertainties as to the
applicability to petitioner of any statutory provisions or rule or order of the
Board;
b. Whether the petition
involves any subject, question or issue that is the subject of a formal or
informal matter or investigation currently pending before the Board or a court
involving one or more petitioners;
c. Whether the petition involves any subject,
question or issue that is the subject of a formal or informal matter or
investigation currently pending before the Board or a court but not involving
any petitioner;
d. Whether the
petition seeks a ruling on a moot or hypothetical question or will result in an
advisory ruling or opinion; and
e.
Whether the petitioner has some other adequate legal remedy, other than an
action for declaratory relief pursuant to CRCP 57, which will terminate the
controversy or remove any uncertainty as to the applicability to the petitioner
of the statute, rule, or order in question.
4. Any petition filed pursuant to this Rule
shall set forth the following:
a. The name
and address of the petitioner and whether the petitioner is licensed or
certified pursuant to Title 12, Article 285, C.R.S.
b. The statute, rule, or order to which the
petition relates.
c. A concise
statement of all of the facts necessary to show the nature of the controversy
or uncertainty and the manner in which the statute, rule, or order in question
applies or potentially applies to the petitioner.
5. If the Board determines that it will rule
on the petition, the following procedures shall apply:
a. The Board may rule upon the petition based
solely upon the facts presented in the petition. In such a case:
(1) Any ruling of the Board will apply only
to the extent of the facts presented in the petition and any amendment to the
petition.
(2) The Board may order
the petitioner to file a written brief, memorandum, or statement of
position.
(3) The Board may set the
petition, upon due notice to petitioner, for a non-evidentiary
hearing.
(4) The Board may dispose
of the petition on the sole basis of the matters set forth in the
petition.
(5) The Board may request
the petitioner to submit additional facts in writing. In such event, such
additional facts will be considered as an amendment to the petition.
(6) The Board may take administrative notice
of facts pursuant to the Colorado Administrative Procedures Act at section
24-4-105(8),
C.R.S., and may utilize its experience, technical competence, and specialized
knowledge in the disposition of the petition.
b. If the Board rules upon the petition
without a hearing, it shall promptly notify the petitioner of its
decision.
c. The Board may, at its
discretion, set the petition for hearing, upon due notice to petitioner, for
the purpose of obtaining additional facts or information or to determine the
truth of any facts set forth in the petition or to hear oral argument on the
petition. The hearing notice to the petitioner shall set forth, to the extent
known, the factual or other matters that the Board intends to
inquire.
d. For the purpose of such
a hearing, to the extent necessary, the petitioner shall have the burden of
proving all the facts stated in the petition; all of the facts necessary to
show the nature of the controversy or uncertainty; and the manner in which the
statute, rule, or order in question applies or potentially applies to the
petitioner and any other facts the petitioner desires the Board to
consider.
6. The parties
to any proceeding pursuant to this Rule shall be the Board and the petitioner.
Any other person may seek leave of the Board to intervene in such a proceeding,
and leave to intervene will be granted at the sole discretion of the Board. A
petition to intervene shall set forth the same matters as are required by
section (4) of this Rule. Any reference to a "petitioner" in this Rule also
refers to any person who has been granted leave to intervene by the
Board.
7. Any declaratory order or
other order disposing of a petition pursuant to this Rule shall constitute
agency action subject to judicial review pursuant to the Colorado
Administrative Procedures Act at section
24-4-106, C.R.S.
F.
Reporting Criminal
Convictions, Judgments, and Administrative Proceedings
This Rule is promulgated pursuant to sections
12-20-204 and
12-285-106(2)(b)
C.R.S., to delineate the procedures a licensee or a certificate holder must
adhere to when an act enumerated in sections
12-285-120,
12-285-123(2),
12-285-211, or
12-285-213(2),
C.R.S., has occurred.
1. A licensee or
certificate holder must inform the Board within thirty days of any of the
following events:
a. The conviction of a
felony under the laws of any state or of the United States, or of any level of
crime related to the practice of physical therapy. A guilty verdict, a plea of
guilty, a plea of nolo contendere, or the imposition of a deferred sentence
accepted by the court is considered a conviction.
b. A disciplinary action imposed by another
jurisdiction that licenses, certifies, or registers physical therapists or
physical therapist assistants including, but not limited to, a citation,
sanction, probation, civil penalty, or a denial, suspension, revocation, or
modification of a license, certification, or registration, whether it is
imposed by consent decree, order, or in some other manner, for any cause other
than failure to pay a license, certification, or registration fee by the due
date.
c. Revocation or suspension
by another state board, municipality, federal or state agency of any health
services related license, certification, or registration, other than a license,
certification, or registration as a physical therapist or physical therapist
assistant.
2. A licensee
or certificate holder must inform the Board within ninety days of any final
judgment as set forth in section
12-285-120(1)(o),
C.R.S.
3. The notice to the Board
must include the following information:
a. If
the event is an action by a governmental agency:
(1) The name of the agency;
(2) Its jurisdiction;
(3) The case name;
(4) The docket, proceeding, or case number by
which the event is designated; and
(5) A copy of the consent decree, order, or
decision.
b. If the
event is a conviction of a crime described above:
(1) The court;
(2) Its jurisdiction;
(3) The case name;
(4) The case number;
(5) A description of the matter or a copy of
the indictment or charges;
(6) Any
plea or verdict accepted or entered by the court; and
(7) A copy of the imposition of sentence
related to the conviction and the completion of all terms of the
sentence.
c. If the
event concerns a civil action or arbitration proceeding:
(1) The court or arbitrator;
(2) The jurisdiction;
(3) The case name;
(4) The case number;
(5) A description of the matter or a copy of
the complaint or demand for arbitration; and
(6) A copy of the verdict, the court decision
or arbitration award, or, if settled, the settlement agreement and court's
order of dismissal.
d.
The licensee or certificate holder notifying the Board may submit a written
statement with the notice to be included with the licensee's or certificate
holder's records.
G.
Reporting a Physical Illness,
Physical Condition, or Behavioral or Mental Health Disorder
This Rule is promulgated pursuant to sections
12-20-204 and
12-285-106(2)(b),
C.R.S., to clarify the notification requirements of sections
12-30-108,
12-285-125 and
12-285-215, C.R.S.
1. A licensed physical therapist or certified
physical therapist assistant must notify the Board if the individual suffers
from any of the following:
a. A long-term
(more than ninety days) physical illness/condition that renders the licensee or
certificate holder unable, or limits the individual's ability, to practice
physical therapy with reasonable skill and patient safety; or
b. A behavioral or mental health disorder
that renders the licensee or certificate holder unable, or limits the
individual's ability, to practice physical therapy with reasonable skill and
patient safety.
2. The
physical therapist or physical therapist assistant must notify the Board in
writing of the physical illness, physical condition, or behavioral or mental
health disorder within thirty days from the date it impacts the individual's
ability to perform physical therapy services with reasonable skill and safety;
and submit, within sixty days, the individual's current strategy for practice
modification, limitation, or restriction with consideration of the illness or
condition to ensure safe patient care and the individual's safety, and a letter
from his/her treating medical or mental health individual describing:
a. The diagnosis and a description of the
physical illness, physical condition, or behavioral or mental health
disorder;
b. The date that the
physical illness, physical condition, or behavioral or mental health disorder
was first diagnosed;
c. Treatment
plan;
d. The impact on the
licensee's or certificate holder's ability to practice safely based on the
individual's review of a job description for a physical therapist or physical
therapist assistant; and
e. Any
applicable modifications, limitations, or restrictions to the individual's
practice.
3. Pursuant to
sections 12-30-108(1)(b),
12-285-124 and
12-285-214, C.R.S., the Board may
require the licensee or certificate holder to submit to an examination to
evaluate the extent of the physical illness, physical condition, or behavioral
or mental health disorder and its impact on the individual's ability to
practice with reasonable skill and safety.
4. Pursuant to sections
12-30-108,
12-285-125 and
12-285-215, C.R.S., the Board may
enter into a non-disciplinary confidential agreement with the physical
therapist or physical therapist assistant in which the individual agrees to
limit the individual's practice based on any restriction(s) imposed by the
physical illness, physical condition, or behavioral or mental health disorder,
as determined by the Board. A licensee or certificate holder subject to
discipline for habitually abusing or excessively using or abusing alcohol, a
habit-forming drug, or a controlled substance is not eligible to enter into a
confidential agreement.
