3 CCR 715-1
DEPARTMENT OF REGULATORY AGENCIES OCCUPATIONAL THERAPY RULES 3 CCR 715-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Basis The authority for the promulgation and adoption of these rules and regulations by the Director of the Division of Professions and Occupations is set forth in § 12-40.5-112, C.R.S. Purpose These rules are adopted to implement the Director’s authority to license persons as occupational therapists and occupational therapy assistants and are further adopted to set forth the requirements for being so licensed.
Rule 1 Application for Licensure as an Occupational Therapist The purpose of this rule is to specify the form and manner of an application for occupational therapist licensure, as required by § 12-40.5-106(2)(b), C.R.S.
A. An applicant for licensure must:
(1) submit a completed application for licensure on forms provided by the Director;
(2) submit with the application all fees established by the Director pursuant to § 12-40.5- 106(2), C.R.S;
(3) sign the attestation that the information in the application is true and correct to the best of the applicant's knowledge and belief; and (4) submit additional information as may be requested by the Director to fully and fairly evaluate the applicant’s qualifications for licensure and to protect the public health, safety, and welfare.
Rule 2 Education and Experience Requirements for Occupational Therapists The purpose of this rule is to provide additional guidance regarding the educational and experiential requirements for licensure set forth in § 12-40.5-106(1), C.R.S.
A. An applicant for licensure must have successfully completed an educational program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE ®) or the World Federation of Occupational Therapists (WFOT).
B. An applicant for licensure must have successfully completed supervised fieldwork required by the educational program where the applicant met the educational requirements in section 2(A), above. The minimum period of supervised fieldwork experience is twenty-four weeks, or completion of fieldwork that met generally recognized past accreditation standards in effect at the time of the applicant’s graduation.
C. An applicant who has been certified as an Occupational Therapist Registered by the National Board for Certification in Occupational Therapy (NBCOT),or its predecessor, shall be deemed to have met the educational and experiential requirements for licensure set forth in sections 2(A) and (B), above.
Rule 3 Examination for Occupational Therapists Approved by Director The purpose of this rule is to designate a nationally recognized examination approved by the Director pursuant to § 12-40.5-106(3), C.R.S.
A. The examination developed by the National Board for Certification in Occupational Therapy (NBCOT) is approved [all references to NBCOT in these rules includes its predecessor]. An applicant must achieve at least the passing score as determined by NBCOT in order to be eligible for licensure.
Rule 4 Licensure by Examination for Occupational Therapists The purpose of this rule is to delineate the requirements for licensure by examination set forth in § 12- 40.5-106(2) through (4), C.R.S.
A. For applications submitted up to and including December 31, 2009, an applicant who has complied with Rules 1 through 3 is eligible for licensure by examination regardless of when the NBCOT passing score was achieved.
Upon a showing of good cause by the applicant, the Director may waive the time limitation in paragraph A of this rule. Any such waiver shall be based upon the circumstances relating to the particular individual’s application. It is anticipated that such waivers would be rare. The decision to grant or deny such a waiver shall be within the sole discretion of the Director and is not subject to appeal.
B. On and after January 1, 2010, an applicant who has complied with Rules 1 through 3, and who achieved a passing score on the NBCOT examination within two years immediately preceding submission of an application for licensure, is eligible for licensure by examination.
C. On and after January 1, 2010, an applicant who achieved a passing score on the NBCOT examination more than two years preceding submission of an application for licensure is not eligible for licensure by examination. Such applicant must apply for licensure either on the basis of:
1. Endorsement of licensure or registration in another jurisdiction, in accordance with Rule 5; or, 2. Retaking and achieving a passing score on the NBCOT examination within two years immediately preceding submission of an application for licensure. For purposes of this rule, the applicant may choose to take the examination as a Licensure Only candidate through NBCOT. The applicant must comply with Rules 1 through 3 and otherwise meet the requirements for licensure.
Rule 5 Licensure by Endorsement for Occupational Therapists The purpose of this rule is to delineate the requirements for licensure by endorsement set forth in § 12- 40.5-106(5)(a) and (b), C.R.S.
A. An applicant who holds a current, valid license or registration as an occupational therapist in a jurisdiction whose qualifications are substantially equivalent to those set forth in § 12-40.5-106(1), C.R.S. shall apply for licensure by endorsement. An applicant for licensure by endorsement must provide the application materials and fee set forth in Rule 1, above. For purposes of this rule, a jurisdiction that requires or accepts passage of the NBCOT examination shall be deemed to have qualifications substantially equivalent to those required in Colorado.
B. In addition to meeting the requirements set forth in Rules 1-3:
1. An applicant shall submit, on forms provided by the Director, verification that the applicant has actively practiced occupational therapy for at least 400 hours over or in a 12 month period during the three years immediately preceding the application or has otherwise maintained competency as an occupational therapist, as determined by the Director.
Or 2. For purposes of this rule, an applicant may demonstrate that she/he has otherwise maintained competency as an occupational therapist by completing forty-eight (48) hours of continuing education related to the practice of occupational therapy during the two (2) years immediately preceding the application. The continuing education must meet the approval of and shall be attested to in a manner prescribed by the Director. Or 3. For purposes of this rule, an applicant who successfully completed an educational program and supervised fieldwork in accordance with sections (A) and (B) of Rule 2, above, within two years prior to submitting an application for licensure by endorsement shall be deemed to have maintained competency as an occupational therapist. Rule 6 Reinstatement of Expired License for Occupational Therapists The purpose of this rule is to establish the qualifications and procedures for reinstatement of an expired license pursuant to § 12-40.5-106(6), C.R.S.; § 24-34-102(8), C.R.S.; and § 24-34-105, C.R.S.
A. An applicant seeking reinstatement of an expired license shall complete a reinstatement application and pay a reinstatement fee.
B. If the license has been expired for more than two years, but less than five years, an applicant must demonstrate “competency to practice” under § 24-34-102(8)(d)(II), C.R.S., as follows:
1. Verification of licensure or registration as an occupational therapist in good standing from another state, along with proof of active occupational therapy practice in that state for a minimum of 400 hours per year for the two years immediately preceding the date of application for reinstatement. The work experience shall be attested to in a manner prescribed by the Director.
Or 2. Completion of forty-eight (48) hours of continuing education related to the practice of occupational therapy during the two years immediately preceding the date of application for reinstatement. The continuing education must meet the approval of and shall be attested to in a manner prescribed by the Director.
C. If the license has been expired for more than five years, an applicant must demonstrate “competency to practice” under § 24-34-102(8)(d)(II), C.R.S., as follows:
1. Retake and achieve a passing score on the NBCOT examination within two years immediately preceding submission of an application for reinstatement. For purposes of this rule, the applicant may choose to take the examination as a Licensure Only candidate through NBCOT.
Or 2. Supervised practice for a period of no less than 6 months, subject to terms established by the Director.
Or 3. Provide verification of active practice as an occupational therapist for at least 400 hours over or in a 12 month period during the two years immediately preceding the date of application for reinstatement. The work experience shall be attested to in a manner prescribed by the Director.
Or 4. By any other means approved by the Director.
An applicant for reinstatement who has actively practiced in Colorado with an expired license in violation of § 12-40.5-106(6), C.R.S., is subject to denial of application, disciplinary action, and/or other penalties as authorized in the Occupational Therapy Practice Act at § 12-40.5-101 et seq., C.R.S., and in accordance with § 24-34-102 et seq., C.R.S.
Rule 7 The Authorized Practice of Occupational Therapy by A Person Not Licensed in Colorado The purpose of this rule is to outline the conditions under which an occupational therapist not licensed in Colorado may practice for a limited period of time under § 12-40.5-108(1)(d), C.R.S.
A. A legally qualified occupational therapist from another state or country may provide occupational therapy services, without need for licensure in Colorado, on behalf of a temporarily absent occupational therapist licensed in this state. The unlicensed practice shall not exceed a total of four (4) weeks duration in any twelve month period.
B. The Colorado licensed occupational therapist or other hiring authority shall ensure that the visiting, unlicensed occupational therapist possesses a current and active license or registration in good standing in another state or country.
C. The Colorado licensed occupational therapist or other hiring authority shall provide the visiting, unlicensed occupational therapist with the Colorado Occupational Therapy Practice Act, § 12- 40.5-101 et seq., C.R.S., and the rules and Director’s policies governing the regulation of occupational therapists in Colorado.
Rule 8 Continuing Professional Competency (§ 12-40.5-109.3, C.R.S.) A. Definitions 1. Continuing Professional Competency (CPC): The ongoing ability of an occupational therapist or occupational therapy assistant to learn, integrate, and apply the knowledge, skill, and judgment to practice occupational therapy according to generally accepted standards and professional ethical standards.
2. Continuing Professional Development (CPD): The Director’s program through which a licensee can satisfy the continuing professional competency requirements in order to renew, reinstate, or reactivate a license.
3. Deemed Status: A licensee who satisfies the continuing professional competency requirements of an accrediting body or entity approved by the Director pursuant to § 12- 40.5-109.3(2), C.R.S., may qualify for deemed status.
4. Learning Plan: The Director-approved form through which a licensee documents his/her goals and plans of learning that were developed from his/her Reflective Self-Assessment (RSAT), which is defined below. A licensee shall execute his/her learning plan by completing professional development activities (PDA) as required before a license is renewed.
5. Military Exemption: As set forth in § 12-70-102, C.R.S., a licensee who has 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 his/her license for the renewal period that falls within the period of service or within six months following the completion of service.
6. Professional Development Activities (PDA): Learning activities undertaken to increase a licensee’s knowledge and skill or hone existing knowledge and skill for the purpose of continuing professional competency. Professional development activities are equivalent to clock hours; one PDA is equal to one (1) clock hour (60 minutes).
7. Program Manual: An instructional guide to assist a licensee in understanding the continuing professional competency requirements and the CPD program.
8. Reflective Self-Assessment (RSAT): A reflective practice tool in which a licensee can reflect upon his/her knowledge and skills pertaining to the foundational areas of occupational therapy taking into account a licensee’s current level and area of practice.
B. Continuing Professional Competency Requirements 1. Effective after the 2015 renewal of a license, or upon the completion of the first renewal of a license thereafter, the licensee shall demonstrate CPC in order to renew by:
a. Participation in the CPD program;
b. Participation in a program of CPC through an accrediting body or an entity approved by the director as set forth in § 12-40.5-109.3(2), C.R.S. This status is hereafter known as “Deemed Status” as defined herein; or c. Receiving an exemption for military service as defined in § 12-70-102, C.R.S. Military exemptions must be approved by the Director of the Division of Professions and Occupations. A licensee seeking a military exemption shall submit a request in writing with evidence that his/her military service meets the criteria established in § 12-70-102, C.R.S., and Section E of this Rule.
2. A licensee shall attest at the time of the renewal of a license to his/her compliance with CPC requirements.
C. Continuing Professional Development Program 1. The CPD Program entails the following:
a. The licensee shall complete the RSAT once per renewal period. A licensee shall use the form approved by the Director.
b. The execution of a Learning Plan once per renewal period that is based upon the licensee’s RSAT. The licensee shall use the form approved by the Director.
c. Accrual of twenty-four (24) PDA during each Renewal Period.
2. Professional Development Activities a. PDA must be relevant to the licensee’s practice of occupational therapy and pertinent to his/her learning plan. The Director will not pre-approve specific courses or providers. The licensee shall determine which activities and topics will meet his/her Learning Plan and select appropriate courses and providers.
b. PDA are organized into the following eight (8) categories. One (1) PDA is granted per one (1) clock hour of qualifying activity with the exception of the category “presentations” in which two (2) PDA are credited for every one (1) hour of presentation delivered. This 2:1 ratio acknowledges the preparation of the presentation. PDAs are credited only once per presentation.
c. PDA must be earned through a minimum of two (2) categories with no more than twelve (12) hours in any one category.
d. PDA will be accepted if the activity is included in the current program manual. The manual will be available to all licensees through the program and will set forth accepted PDA within each category. The Director has sole discretion to accept or reject PDA that are not identified in the current manual.
e. The total required PDA must be earned within the same renewal period in which credit is requested. PDA will be credited toward only one (1) renewal period.
3. Audit of Compliance.
a. The following documentation is required for an audit of compliance of a licensee’s participation in the CPD program:
b. As set forth in § 12-40.5-109.3(4), C.R.S., records of assessments or other documentation developed or submitted in connection with the continuing professional competency program:
c. The current program manual will set forth the documentation methods and standards for compliance with this rule.
D. Deemed Status.
1. Qualification. In order to qualify for deemed status upon renewal, the licensee shall:
a. Attest to his/her deemed status and:
b. Attest that the requested CPC program is substantially equivalent to the CPD program administered by the Director and must include, at a minimum each renewal period, the following components:
2. Administrative Approval. The Director has sole discretion to administratively approve accrediting bodies and/or entities meeting the criteria established in this section. Once an accrediting body and/or entity is approved, such approval will be publically published.
3. Audit of Compliance. Licensees claiming deemed status are subject to an audit of compliance. To satisfy an audit of compliance, the licensee shall submit appropriate evidence of participation in a qualifying program through submission of:
a. A letter from the accrediting body or entity approved by the Director specifying that the licensee has completed the CPC program, or b. Other documentation approved by the Director which reflects the licensee’s completion of a program of CPC.
E. Military Exemption.
1. Military exemptions must be approved by the Director of the Division of Professions and Occupations. A licensee seeking a military exemption shall submit a request in writing with evidence that his/her military service meets the criteria established in § 12-70-102, C.R.S.
2. After being granted a military exemption, in order to complete the renewal process, a licensee shall attest to his/her military exemption.
F. Records Retention. A licensee shall retain documentation demonstrating his/her compliance for two (2) complete renewal periods.
G. Non-Compliance. Falsifying an attestation or other documentation regarding the licensee’s compliance with CPC requirements constitutes the falsification of information in an application and may be ground for discipline pursuant to § 12-40.5-110(2)(b), C.R.S.
H. Reinstatement and Reactivation. A licensee seeking to reinstate or reactivate a license shall meet the CPC requirements detailed in Rule 3, Rule 12, Rule 13, and this Rule. Rule 9 Declaratory Orders The purpose of this rule is to establish procedures for the handling of requests for declaratory orders filed pursuant to the Colorado Administrative Procedure Act at § 24-4-105(11), C.R.S.
A. Any person or entity may petition the Director 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 Director.
B. The Director will determine, at her discretion and without notice to petitioner, whether to rule upon such petition. If the Director determines that she will not rule upon such a petition, the Director shall promptly notify the petitioner of her action and state the reasons for such decision.
C. In determining whether to rule upon a petition filed pursuant to this rule, the Director will consider the following matters, among others:
1. 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 Director.
2. 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 Director or a court involving one or more petitioners.
3. 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 Director or a court but not involving any petitioner.
4. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.
5. 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.
D. Any petition filed pursuant to this rule shall set forth the following:
1. The name and address of the petitioner and whether the petitioner is registered pursuant to Title 12, Article 40.5.
2. The statute, rule, or order to which the petition relates.
3. 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.
E. If the Director determines that she will rule on the petition, the following procedures shall apply:
1. The Director may rule upon the petition based solely upon the facts presented in the petition. In such a case:
a. Any ruling of the Director will apply only to the extent of the facts presented in the petition and any amendment to the petition.
b. The Director may order the petitioner to file a written brief, memorandum, or statement of position.
c. The Director may set the petition, upon due notice to petitioner, for a non- evidentiary hearing.
d. The Director may dispose of the petition on the sole basis of the matters set forth in the petition.
e. The Director 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.
f. The Director may take administrative notice of facts pursuant to the Colorado Administrative Procedure Act at § 24-4-105(8), C.R.S., and may utilize her experience, technical competence, and specialized knowledge in the disposition of the petition.
2. If the Director rules upon the petition without a hearing, she shall promptly notify the petitioner of her decision.
3. The Director may, at her 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 Director intends to inquire.
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 Director to consider.
F. The parties to any proceeding pursuant to this rule shall be the Director and the petitioner. Any other person may seek leave of the Director to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Director. A petition to intervene shall set forth the same matters as are required by Section D 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 Director.
G. 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 Procedure Act at § 24-4-106, C.R.S.
Rule 10 Occupational Therapy Assistant Licensure by Examination (§ 12-40.5-106.5, CRS) a. Criteria for application.
1. The applicant must submit to the Director a completed application for licensure, all fees, and all supporting documentation required by the Director in order for the Director to review the application for licensure.
2. The applicant for licensure must pass the required examination, meet the requirements and become licensed within one (1) year of the date of the application for licensure. If the applicant fails to become licensed within this time period, s/he must submit a new application and fee and meet the requirements in effect at the time of the new application. Licensure applicants have a continuing obligation to update their application with information of changes from the original application at any time prior to licensure.
b. Education requirements.
1. The applicant for licensure must meet the educational requirements outlined in § 12-40.5- 106.5(1), CRS.
2. The applicant for licensure must have successful completed an educational program accredited by the Accreditation Council for Occupational Therapy Education (ACOTE).
3. An applicant for licensure must have successfully completed supervised fieldwork required by the educational program where the applicant met the educational requirements outlined in this Rule. The minimum period of supervised fieldwork experience is sixteen (16) weeks, or completion of fieldwork that met generally recognized past accreditation standards in effect at the time of the applicant’s graduation.
4. An applicant who has been certified as an Occupational Therapy Assistant by the National Board for Certification in Occupational Therapy (NBCOT),or its predecessor, shall be deemed to have met the educational and experiential requirements for licensure set forth in sections 10(b)(2) and (3), above.
c. Examination.
1. The examination developed by the National Board for Certification in Occupational Therapy (NBCOT) is approved [all references to NBCOT in these rules includes its predecessor]. An applicant must achieve at least the passing score as determined by NBCOT in order to be eligible for licensure.
d. Licensure.
1. For applications submitted up to and including May 31, 2015, an applicant who has complied with Rule 10 is eligible for licensure by examination regardless of when the NBCOT passing score was achieved.
Upon a showing of good cause by the applicant, the Director may waive the time limitation in paragraph A of this rule. Any such waiver shall be based upon the circumstances relating to the particular individual’s application. It is anticipated that such waivers would be rare. The decision to grant or deny such a waiver shall be within the sole discretion of the Director and is not subject to appeal.
2. On and after June 1, 2015, an applicant who has complied with Rule 10, and who achieved a passing score on the NBCOT examination within two years immediately preceding submission of an application for licensure, is eligible for licensure by examination.
3. On and after June 1, 2015, an applicant who achieved a passing score on the NBCOT examination more than two years preceding submission of an application for registration is not eligible for licensure by examination. Such applicant must apply for licensure either on the basis of:
i. Endorsement of licensure or registration in another jurisdiction, in accordance with Rule 11; or, ii. Retaking and achieving a passing score on the NBCOT examination within two years immediately preceding submission of an application for licensure. For purposes of this rule, the applicant may choose to take the examination as a Licensure Only candidate through NBCOT. The applicant must comply with Rule 10 and otherwise meet the requirements for licensure.
Rule 11 Occupational Therapy Assistant Licensure by Endorsement (§ 12-40.5-106.5 (5), CRS)
a. Criteria for application.
1. The applicant must submit to the Director a completed application for licensure by endorsement, all fees, and supporting documentation required by the Director in order for the Director to review the application for licensure.
2. The applicant for licensure must hold an active license or registration as an Occupational Therapy Assistant in a jurisdiction where the requirements are substantially equivalent to those outlined in § 12-40.5-106.5(1), CRS.
3. The applicant must submit verification of licensure from each jurisdiction in which applicant has ever held a license as an Occupational Therapy Assistant.
b. Education requirements.
1. The applicant for licensure must meet the educational requirements outlined in § 12-40.5- 106.5(1), CRS and Rule 10 (b).
c. Examination.
1. The examination developed by the National Board for Certification in Occupational Therapy (NBCOT) is approved [all references to NBCOT in these rules includes its predecessor]. An applicant must achieve at least the passing score as determined by NBCOT in order to be eligible for licensure.
d. Licensure.
1. An applicant who holds a current, valid registration or license as an occupational therapy assistant in a jurisdiction whose qualifications are substantially equivalent to those set forth in § 12-40.5-106.5(1), CRS. shall apply for licensure by endorsement. For purposes of this rule, a jurisdiction that requires or accepts passage of the NBCOT examination shall be deemed to have qualifications substantially equivalent to those required in Colorado.
2. In addition to meeting the requirements set forth in in Rule 10:
i. An applicant shall submit verification that the applicant has actively practiced as an occupational therapy assistant for at least 400 hours over or in a 12 month period during the three years immediately preceding the application or has otherwise maintained competency as an occupational therapy assistant, as determined by the Director, or:
ii. For purposes of this rule, an applicant may demonstrate that she/he has otherwise maintained competency as an occupational therapy assistant by completing forty-eight (48) hours of continuing education related to the practice of occupational therapy during the two (2) years immediately preceding the application. The continuing education must meet the approval of and shall be attested to in a manner prescribed by the Director, or;
iii. For purposes of this rule, an applicant who successfully completed an educational program and supervised fieldwork in accordance Rule 10 (b)(3), above, within two years prior to submitting an application for licensure by endorsement shall be deemed to have maintained competency as an occupational therapy assistant.
_________________________________________________________________________ Editor’s Notes History Entire rule eff. 01/01/2009.
Entire rule emer. rule eff. 04/09/2014.
Entire rule eff. 07/30/2014.
Rule 8 emer. rule eff. 01/30/2015.