A.DefinitionsThis 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 ExperienceThis 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 AgencyThis 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 LicensingThis 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 OrdersThis 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; ande. 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 ProceedingsThis 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;(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: (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;(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 DisorderThis 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;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; ande. 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.43 CR 22, November 25, 2020, effective 12/15/202044 CR 10, May 25, 2021, effective 6/14/202144 CR 18, September 25, 2021, effective 10/15/202145 CR 15, August 10, 2022, effective 6/28/202245 CR 17, September 10, 2022, effective 9/30/202245 CR 22, November 25, 2022, effective 12/15/2022