Colo. Rev. Stat. § 12-270-104

Current through 11/5/2024 election

Section 12-270-104 - Definitions - rules

As used in this article 270, unless the context otherwise requires:

(1) "Activities of daily living" means activities that are oriented toward taking care of one's own body, such as bathing, showering, bowel and bladder management, dressing, eating, feeding, functional mobility, personal device care, personal hygiene and grooming, sexual activity, sleep, rest, and toilet hygiene.

(2) "Aide" means a person who is not licensed by the director and who provides supportive services to occupational therapists and occupational therapy assistants.

(3) "Behavioral health-care services" means services to facilitate the prevention, diagnosis, and treatment of, and for the recovery from, mental health and substance use disorders within the scope of practice of occupational therapy.

(4) "Client" means an individual, group, population, community, or organization that receives occupational therapy services.

(5) "Functional cognition" means the way in which an individual utilizes and integrates the individual's thinking and processing skills to accomplish everyday activities.

(6) "Instrumental activities of daily living" means activities that are oriented toward interacting with the environment and that may be complex. "Instrumental activities of daily living" includes care of others, care of pets, child-rearing, communication device use, community mobility, financial management, health management and maintenance, home establishment and management, meal preparation and cleanup, religious and spiritual expression, safety procedures and emergency responses, and shopping.

(7) "Low-vision rehabilitation services" means the evaluation, diagnosis, management, and care of the low-vision client in visual acuity, visual field, and oculomotor performance as it affects the client's occupational performance, including low-vision rehabilitation therapy, education, and interdisciplinary consultation.

(8) "Occupation" means an everyday, personalized activity in which people participate as individuals, families, and communities to occupy time, earn income, and bring meaning and purpose to life. "Occupation" includes an activity that a person needs to do, wants to do, or is expected to do.

(9) "Occupational therapist" means a person licensed to practice occupational therapy under this article 270.

(10) "Occupational therapy" means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy is provided for habilitation, rehabilitation, and the promotion of health and wellness to persons who have, or are at risk for developing, an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy uses everyday life activities to promote mental health and support functioning in people who have, or who are at risk of experiencing, a range of mental health disorders, including psychiatric, behavioral, emotional, and substance use disorders. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical health, mental health, well-being, and quality of life. The practice of occupational therapy includes:

(a) Evaluation of factors affecting activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure, social participation, and health management, including:

(I) Client factors, including body functions such as sensory, visual, perceptual, mental, cognitive, and pain factors; body structures such as cardiovascular, digestive, nervous, integumentary, and genitourinary systems; neuromusculoskeletal and movement-related functions; and values, beliefs, and spirituality;

(II) Habits, routines, roles, rituals, and behavior patterns;

(III) Physical and social environments; cultural, personal, temporal, and virtual contexts; and activity demands that affect performance; and

(IV) Performance skills, including motor, praxis, process, emotional regulation, and communication; social interaction skills; and functional cognition;

(b) Methods or approaches selected to direct the process of interventions, such as:

(I) Establishment, remediation, or restoration of a skill or ability that has not yet developed, is impaired, or is in decline;

(II) Compensation, modification, or adaptation of an activity or environment to enhance performance or to prevent injuries, disorders, or other conditions;

(III) Maintenance and enhancement of capabilities without which performance in everyday life activities would decline;

(IV) Promotion of health and wellness, including the use of self-management strategies, to enable or enhance performance in everyday life activities; and

(V) Prevention of barriers to performance and participation, including injury and disability prevention;

(c) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure, social participation, and health management, including:

(I) Therapeutic use of occupations, exercises, and activities;

(II) Training in self-care; self-management; self-regulation; health management and maintenance; home management; community, volunteer, and work integration and reintegration; school activities; and work performance;

(III) Identification, development, remediation, or compensation of physical, cognitive, neuromusculoskeletal, sensory, visual, perceptual, and mental functions; sensory processing; functional cognition; pain tolerance and management; developmental skills; and behavioral skills;

(IV) Therapeutic use of self, including a person's personality, insights, perceptions, and judgments, as part of the therapeutic process;

(V) Education and training of individuals, including family members, caregivers, groups, populations, and others;

(VI) Care coordination, case management, and transition services; direct, indirect, and consultative care; advocacy and self-advocacy; and other service delivery methods;

(VII) Consultative services to individuals, groups, programs, organizations, or communities;

(VIII) Modification of environments such as home, work, school, or community, and adaptation of processes, including the application of ergonomic principles;

(IX) Assessment, design, fabrication, application, fitting, and training in assistive technology and adaptive and orthotic devices and training in seating and positioning and in the use of prosthetic devices, excluding glasses, contact lenses, or other prescriptive devices to correct vision unless prescribed by an optometrist;

(X) Assessment, recommendation, and training in techniques to enhance functional mobility, including complex seating and management of wheelchairs and other mobility devices;

(XI) Driver rehabilitation and community mobility;

(XII) Management of feeding, eating, and swallowing to support eating and feeding performance necessary for nutrition, social participation, or other health or wellness considerations;

(XIII) Application of physical agent modalities and therapeutic procedures such as wound management; techniques to enhance, maintain, or prevent the decline of sensory, perceptual, psychosocial, or cognitive processing; management of pain; and manual techniques to enhance, maintain, or prevent the decline of performance skills;

(XIV) The use of telehealth, telerehabilitation, and teletherapy pursuant to rules as may be adopted by the director;

(XV) Low-vision rehabilitation services and vision therapy services under the referral, prescription, supervision, or comanagement of an ophthalmologist or optometrist;

(XVI) Facilitation of the occupational performance of individuals, groups, populations, communities, or organizations through the modification of environments and the adaptation of processes;

(XVII) Sensory-based interventions including equipment, environment, and routine adaptations that support optimal sensory integration and processing; and

(XVIII) Behavioral health-care services to enhance, maintain, or prevent the decline of occupational performance within the scope of practice of occupational therapy.

(11) "Occupational therapy assistant" means a person licensed under this article 270 to practice occupational therapy under the supervision of and in partnership with an occupational therapist.

(12) "Supervision" means the giving of aid, directions, and instructions that are adequate to ensure the safety and welfare of clients during the provision of occupational therapy by the occupational therapist designated as the supervisor. Responsible direction and supervision by the occupational therapist includes consideration of factors such as level of skill, the establishment of service competency, experience, work setting demands, the complexity and stability of the client population, and other factors. Supervision is a collaborative process for responsible, periodic review and inspection of all aspects of occupational therapy services, and the occupational therapist is legally accountable for occupational therapy services provided by the occupational therapy assistant and the aide.

(13) "Telehealth" means the use of electronic information and telecommunications technology to support and promote access to clinical health care, client and professional health-related education, public health, and health administration.

(14) "Telerehabilitation" or "teletherapy" means the delivery of rehabilitation and habilitation services via information and communication technologies, commonly referred to as "telehealth" technologies.

(15) "Vision therapy services" means the assessment, diagnosis, treatment, and management of a client with vision therapy, visual training, visual rehabilitation, orthoptics, or eye exercises.

C.R.S. § 12-270-104

Amended by 2021 Ch. 4,§1, eff. 1/21/2021.

Amended by 2020 Ch. 274,§4, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.

Renumbered from C.R.S. §12-40.5-103 and amended by 2019 Ch. 136,§1, eff. 10/1/2019.

Amended by 2013 Ch. 411,§3, eff. 6/30/2013.

This section is similar to former § 12-270-104 as it existed prior to 2020.