4 Colo. Code Regs. § 732-1.6

Current through Register Vol. 47, No. 22, November 25, 2024
Section 4 CCR 732-1.6 - PHYSICAL THERAPIST ASSISTANT RULES
A.Supervision Required for Physical Therapist Assistant Practice

This Rule is promulgated pursuant to sections 12-20-204 and 12-285-106(2)(b), C.R.S., to clarify supervision parameters pursuant to section 12-285-203(2), C.R.S.

Physical therapist assistants ("P.T.A.") shall not provide physical therapy services unless the physical therapist assistant works under the general supervision, as defined in Rule 1.4 , of a licensed physical therapist.

B.Supervision of Others by Physical Therapist Assistants Prohibited

This Rule is promulgated pursuant to sections 12-20-204 and 12-285-106(2)(b), C.R.S.

1. A physical therapist assistant may not supervise other personnel in the provision of physical therapy services to a patient.
2. A physical therapist assistant under the general supervision, as defined in Rule 1.4 , of a physical therapist may act as a clinical instructor for a physical therapist assistant student. However, immediate supervision, as defined in Rule 1.4 , of the student physical therapist assistant remains with the physical therapist if the physical therapist assistant student is providing physical therapy services.
C.Certification by Examination for Physical Therapist Assistants

This Rule is promulgated pursuant to sections 12-20-204 and 12-285-106(2)(b), C.R.S., to delineate the requirements for certification by examination for physical therapist assistants pursuant to section 12-285-205, C.R.S.

1. An applicant is required to demonstrate that the applicant has successfully completed a physical therapy program pursuant to Rule 1.5 or a physical therapist assistant program that is either:
a. Accredited by a nationally recognized accrediting agency pursuant to Rule 1.4(C); or
b. Substantially equivalent pursuant to Rule 1.6(D).
2. If applying to take the National Physical Therapy Examination (NPTE), an applicant:
a. Must have successfully completed a physical therapy or physical therapist assistant program, or be eligible to graduate within ninety days of a program pursuant to section (1) of this Rule; and
b. Must apply through the Federation of State Boards of Physical Therapy (FSBPT).
3. An applicant for certification by examination must graduate from a physical therapy or physical therapist assistant program pursuant to section (1) of this Rule and pass the NPTE within the two years immediately preceding the date of the application.
4. An applicant who is unable to meet the requirements under section (3) of this Rule may request to demonstrate competency by any other means. The Board shall consider such a request on a case-by-case basis. The decision to approve such a request shall be at the sole discretion of the Board. In considering whether to approve such a request, the Board shall consider public safety, the particular circumstances and hardships faced by the applicant, and such other factors as the Board deems appropriate. If the Board grants a certification under this section (4), the Board may subject said certification to such lawful conditions as the Board finds are necessary to protect the public.
5. An applicant must submit fingerprints for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the Colorado Bureau of Investigation, which is responsible for retaining the state's criminal records set forth in section 24-60-3702(3)(B), C.R.S.
D.Certification of Foreign-Trained Physical Therapist Assistant Graduates of Non-Accredited Programs

This Rule is promulgated pursuant to sections 12-20-204 and 12-285-106(2)(b), C.R.S., to establish procedures for determining whether a foreign-trained physical therapist assistant applicant who has graduated from a non-accredited program has substantially equivalent education and training as required pursuant to section 12-285-207(1)(a), C.R.S

1. A foreign-trained applicant who has graduated from a non-accredited program must have education and training as a physical therapist assistant substantially equivalent to the entry-level education and training required at accredited physical therapist assistant programs in the United States in effect at the time of the applicant's graduation. This includes but is not limited to an assessment of the applicant's foundational studies and applied and technical education, as well as training in non-selective wound care.
2. Applicants who wish to have their foundational studies, and applied/technical education considered "substantially equivalent" in order to take the National Physical Therapy Examination (NPTE) through Colorado and qualify for certification shall submit their credentials to the Foreign Credentialing Commission of Physical Therapy (FCCPT). The applicant must submit a credentials evaluation utilizing the version of the Coursework Tool for Foreign Educated Physical Therapist Assistants developed by the Federation of State Boards of Physical Therapy (FSBPT) that applies to the applicant's year of graduation in order to evaluate the applicant's credentials against the requirements at accredited physical therapist assistant programs in place at the time of the applicant's graduation. The Board will not accept a credentials evaluation from an organization not listed in this Rule.
3. A foreign-trained applicant who has graduated from a non-accredited program and already passed the NPTE may submit a credentials evaluation from a credentialing agency other than FCCPT provided that:
a. The credentialing agency utilized the version of the Coursework Evaluation Tool for Foreign-Educated Physical Therapists developed by FSBPT that applies to the applicant's year of graduation in order to evaluate the applicant's credentials against the requirements at accredited physical therapist assistant programs in place at the time of the applicant's graduation; and
b. The applicant has been licensed, certified, or registered in good standing and actively engaged in clinical practice as a physical therapist assistant in the United States for two out of the five years immediately preceding his or her application for certification.
4. All expenses associated with the credentials evaluation are the responsibility of the applicant.
5. Failure to have a credentials evaluation pursuant to the terms of this Rule will result in the Board denying the application.
6. In the event a foreign-trained applicant's foundational studies are found to be deficient, the applicant may take and pass subject examinations from the College-Level Examination Program (CLEP) to overcome the deficiency in general education.
7. In the event a foreign-trained applicant's applied and technical education is found to be deficient, the applicant shall either:
a. Successfully complete a Board-approved plan to overcome deficiencies; or
b. Overcome the deficiency by obtaining an associate degree from an accredited physical therapist assistant program.
8. An applicant must submit fingerprints for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the Colorado Bureau of Investigation, which is responsible for retaining the state's criminal records set forth in section 24-60-3702(3)(B), C.R.S.
E.Certification by Endorsement for Physical Therapist Assistants

This Rule is promulgated pursuant to sections 12-20-202(3), 12-20-204, and 12-285-201(2), C.R.S., to delineate the requirements for certification by endorsement for physical therapist assistants pursuant to the Occupational Credential Portability Program under sections 12-20-202(3) and 12-285-206, C.R.S.

1. The Board may decline to issue a certificate to an applicant for certification by endorsement pursuant to the Occupational Credential Portability Program if the Board demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant:
a. Lacks the requisite substantially equivalent education, experience, or credentials to practice as a physical therapist assistant; or
b. Has committed an act that would be grounds for disciplinary action under the law governing the practice of physical therapist assistants.
2. In accordance with section 12-20-202(3)(d), C.R.S., the Board has established the following criteria for determining whether an applicant possesses experience and credentials that are substantially equivalent to section 12-285-205, C.R.S. An applicant who possesses a current and unrestricted license, in good standing, to practice as a physical therapist assistant under the laws of another jurisdiction may apply for certification by endorsement.

All of the following must be attested to at the time of application for Colorado certification by endorsement in order for the applicant to establish that their experience and credentials are substantially equivalent to the requirements of section 12-285-205, C.R.S.:

a. The applicant has graduated from an accredited physical therapy or physical therapist assistant program or graduated from a physical therapy or physical therapist assistant program that the Board has determined to be substantially equivalent;
b. The applicant passed the National Physical Therapy Examination (NPTE);
c. The applicant must attest that they:
(1) Have reported to the Board any injunction entered against her/him and any injunctive action pending against her/him on any license.
(2) Have reported any malpractice judgment, settlement, or claim, and any pending action or claim.
(3) Have reported any pending complaint, investigation, or disciplinary proceeding before the licensing, grievance, or disciplinary Board of any jurisdiction in which a license, registration or certification to practice as a physical therapist assistant is held and where the complaint, investigation, or proceeding concerns the practice as a physical therapist assistant.
(4) Have reported any applicable felony conviction(s).
(5) Have reported to the Board any prior disciplinary action by another jurisdiction.
(6) Have not committed any other acts that would be grounds for disciplinary action under section 12-285-211, C.R.S.
3. The applicant must submit verification from each jurisdiction, federal agency, or military service branch in or through which applicant has even been licensed, registered, certified, or enrolled. Applicants must submit proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of physical therapist assistants as specified in section 12-285-201, et. seq., C.R.S. The verification can be retrieved by the applicant from the jurisdiction's or agency's website as long as the following information is included and can be verified if necessary:
a. Date license was originally issued;
b. Date of license expiration, if applicable; and
c. Disciplinary history, if applicable. If the complete information is not available from the jurisdiction's or agency's website then the Verification of License Form must be completed by the jurisdiction or agency
4. An applicant must submit fingerprints for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the Colorado Bureau of Investigation, which is responsible for retaining the state's criminal records set forth in section 24-60-3702(3)(B), C.R.S.
F.Reinstatement or Reactivation of an Expired or Inactive Certification for Physical Therapist

Assistants

This Rule is promulgated pursuant to sections 12-20-203, 12-20-204, and 12-285-106(2)(b), C.R.S., to establish the qualifications and procedures for applicants seeking reinstatement of an expired physical therapist assistant certification or reactivation of an inactive physical therapist assistant certification pursuant to sections 12-20-202, 12-20-203, and 12-285-208, C.R.S.

1. An applicant seeking reinstatement or reactivation of a physical therapist assistant certification shall complete a reinstatement or reactivation application and pay a fee as established by the Director.
2. If the certification has been expired or inactive for two years or less, then applicant must attest to one of the following:
a. Completing continuing professional competency pursuant to section 12-285-209, C.R.S., and Rule 1.6 for the two years immediately preceding the date the application is received; or
b. Passing the National Physical Therapy Examination (NPTE) for physical therapist assistants within two years before the date of application.
3. If the license has been expired or inactive for more than two years, then an applicant must demonstrate "competency to practice" pursuant to section 12-20-202(2)(c)(II)(A) -(E), C.R.S. An applicant may also request to demonstrate competency by any other means pursuant to section 12-20-202(2)(c)(II)(F), C.R.S. The Board shall consider such a request on a case-by-case basis. The decision to approve such a request shall be at the sole discretion of the Board. In considering whether to approve such a request, the Board shall consider public safety, the particular circumstances and hardships faced by the applicant, and such other factors as the Board deems appropriate. If the Board grants a license under this paragraph, the Board may subject said license to such lawful conditions as the Board finds are necessary to protect the public.
4. An applicant for reinstatement or reactivation who has actively practiced in Colorado on an expired certification in violation of section 12-285-204, C.R.S., is subject to denial of application, disciplinary action, and/or other penalties as authorized in the Physical Therapy Practice Act at section 12-285-101, et seq., C.R.S., and in accordance with section 12-20-202, et seq., C.R.S.
G.Continuing Professional Competency Requirements for Certification Renewal for Physical Therapist Assistant

This Rule is promulgated pursuant to sections 12-20-204 and 12-285-106(2)(b), C.R.S., to establish a continuing professional competency program pursuant to section 12-285-209, C.R.S., wherein a physical therapist assistant shall maintain and demonstrate continuing professional competency in order to renew a certification to practice as a physical therapy assistant in the state of Colorado.

Furthermore, pursuant to section 12-285-209(2), C.R.S., records of assessment or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a physical therapist assistant. A person or the Board shall not use the records or documents unless used by the Board to determine whether a physical therapist assistant is maintaining continuing professional competency to engage in the profession.

1. Definitions
a. Continuing Professional Competency: the ongoing ability of a physical therapist assistant to learn, integrate, and apply the knowledge, skills, and judgment to practice as a physical therapist assistant according to generally accepted standards and professional ethical standards.
b. Continuing Professional Development (CPD): the Board program through which a physical therapy assistant can satisfy the continuing professional competency requirements in order to renew, reinstate, or reactivate a certification.
c. Deemed Status: A physical therapist assistant who satisfies the continuing professional competency requirements of a Colorado state agency or department, an accrediting body recognized by the Board, or an entity approved by the Board pursuant to section 12-285-209(1)(c), C.R.S., may qualify under this method in lieu of completing the Board's CPD program.
d. Learning Plan: A Board approved form through which a physical therapist assistant documents their goals and plans of learning that were developed from their Self-Assessment Tool (SAT), which was defined below. A physical therapist assistant shall execute their learning plan by completing Professional Development Activities (PDA) as required before a certification is renewed.
e. Military Exemption: A method to satisfy continuing professional competency requirements. A physical therapist assistant who has been approved for this exemption will not be required to meet continuing professional competency requirements during the renewal period in which they were approved by the Division of Professions and Occupations.
f. Professional Development Activities (PDA): Learning activities undertaken to increase the physical therapist assistant's knowledge and skill or hone existing skill for the purpose of continuing professional development.
g. Self-Assessment Tool (SAT): A practice tool in which a physical therapist assistant can reflect upon the knowledge and skills pertaining to the foundational areas of physical therapist assistant's practice taking into account their current level and area of practice.
2. Continuing Professional Competency Requirements
a. Effective after the 2020 certification renewal, or upon the completion of the first renewal of a certification thereafter, the physical therapist assistant shall demonstrate continuing professional competency in order to renew a certification by:
(1) Participation in the Continuing Professional Development (CPD) program;
(2) Participation in a program of continuing professional competency through a Colorado state agency or department, including continuing competency requirements imposed through a contractual arrangement with a provider as set forth in section 12-285-209(1)(c), C.R.S. This status is defined as "Deemed Status" in section (1)(c) of this Rule and further described in section (4) of this Rule; or
(3) Receiving an exemption for military service as defined in section 12-20-302, C.R.S. Military exemptions must be approved by the Division of Professions and Occupations. Physical therapist assistants seeking a military exemption shall submit a request in writing with evidence that their military service meets the criteria established in section 12-20-302, C.R.S., and section (5) of this Rule.
b. A physical therapist assistant shall attest at the time of the renewal of a certification to their compliance with continuing professional competency requirements.
3. Continuing Professional Development Program
a. The Continuing Professional Development (CPD) program entails the following:
(1) The physical therapist assistant shall complete the Self-Assessment Tool (SAT) once per two-year renewal period. A physical therapist assistant shall use the Board approved form.
(a) The execution of a Learning Plan once per two-year renewal period that is based on the physical therapist assistant's Self-Assessment Tool (SAT). A physical therapist assistant shall use the Board approved form.
(b) Accrual of twenty hours of Professional Development Activities (PDA) per two-year renewal period.
b. Professional Development Activities (PDA)
(1) Professional Development Activities must be relevant to the physical therapist assistant's practice as a physical therapist assistant and pertinent to their Learning Plan. The Board will not pre-approve specific courses or providers. The physical therapist assistant shall determine which activities and topics will meet their Learning Plan and select an appropriate provider.
(2) One contact hour equals one credit hour of Professional Development Activities (PDA).
(3) Professional Development Activities List. Activities are organized into the following two categories:
(a) Educational Coursework, Fellowships, or Residencies; and
(b) Other Professional Development Activities:
(i) Formalized Assessments;
(ii) Presentations, Research, and Publications;
(iii) Mentoring or Supervision;
(iv) Independent or Group Study or In-Service; and
(v) Volunteer Service.
(4) Hours will be accepted if the activity is included in the Board's Professional Development Activities List. The Board may accept or reject activities submitted for consideration that are not identified on its list.
(5) Professional Development Activities will only apply for one two-year renewal period.
(6) A minimum of fifteen of the twenty required hours must be in the Educational Coursework, Fellowships, and Residencies category.
c. Audit of Compliance. The following documentation is required for an audit of compliance of a physical therapist assistant's Continuing Professional Development.
(1) The Learning Plan that is signed and executed which contains the physical therapist assistant's goals in the form and manner approved by the Board.
(2) Documentation of twenty hours of Professional Development Activities (PDA) in compliance with the Board's Professional Development Activities List for documentation requirements for PDAs.
(3) The Board may accept or reject Professional Development Activities (PDA) that do not meet the criteria established by the Board's Professional Development Activities (PDA) List and this Rule.
4. Deemed Status. The following criteria must be met in order to claim this status:
a. In order to renew a certification, a physical therapist assistant shall attest to their Deemed Status.
b. To qualify, the physical therapist assistant must be in full compliance with the requirements of their state agency or department during the entire two-year renewal period of their physical therapist assistant certification and on track to successfully complete the program or have successfully completed it.
c. Physical therapist assistants claiming Deemed Status are subject to an audit of compliance. To satisfy an audit of compliance the physical therapist assistant shall submit an appropriate evidence of participation in a qualifying program through submission of:
(1) Proof from the Colorado State agency or department or contractual entity verifying that the physical therapist assistant is in compliance with its continuing professional competency program; and
(2) A letter from their employer certifying dates of employment for the entire two-year certification renewal period, without any break; or
(3) Other documentation approved by the Board which reflects the physical therapist's assistant's compliance with a program of continuing professional competency.
5. Military Exemption. Pursuant to section 12-20-302, C.R.S., physical therapist assistants who have been called to federally funded active duty for more than 120 days for the purpose of serving in a war, emergency, or contingency may request an exemption from the continuing professional competency requirements for the renewal, reinstatement, or reactivation of their certification for the two-year renewal period that falls within the period of service within six months following the completion of service.
a. Military exemptions must be approved by the Division of Professions and Occupations. Physical therapist assistants seeking military exemption shall submit a request in writing with evidence that the physical therapist assistant's military service meets the criteria established in 12-20-302, C.R.S.
b. After being granted a military exemption, in order to complete the renewal process, a physical therapist assistant shall attest to their military exemption.
6. Records Retention. A physical therapist assistant shall retain documentation demonstrating their compliance for two complete two-year renewal periods.
7. Non-Compliance. Falsifying an attestation or other documentation regarding the physical therapist assistant's compliance with continuing professional competency requirements constitutes the falsification of information in an application and may be grounds for discipline pursuant to sections 12-285-211(1)(g) and (n), C.R.S.
8. Reinstatement and Reactivation. A physical therapist assistant seeking to reinstate or reactivate a certification which has been expired or inactivated for two years or more shall meet the competency requirements outlined in Rule 1.6(F)(2).

4 CCR 732-1.6

43 CR 22, November 25, 2020, effective 12/15/2020
44 CR 10, May 25, 2021, effective 6/14/2021
44 CR 18, September 25, 2021, effective 10/15/2021
45 CR 15, August 10, 2022, effective 6/28/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 22, November 25, 2022, effective 12/15/2022