4 CCR 732-1
Adopted April 1, 2002 These rules are promulgated and adopted by the Director of Registrations pursuant to § 12-41-125(2)(b), C.R.S.
Rule 1 - Delegation of Duties The purpose of this rule is to clarify the special practice authorities addressed in § 12-41-113, C.R.S.
A. Wound debridement may be performed only by a physical therapist. A physical therapist may not delegate wound debridement to unlicensed personnel.
B. A physical therapist performing an initial examination and evaluation shall be the therapist of record for that patient unless an authorized physical therapist transfers the responsibility to another physical therapist through documentation in the patient records.
C. The physical therapist of record must perform the interpretation of referrals, initial examinations and evaluations, diagnosis and prognosis, development and modification of plans of care, determination of discharge outcomes, and supervision of all care rendered to the patient/client.
D. A physical therapist shall rely on their expertise and decision making capability when determining the most appropriate utilization of an unlicensed person to provide for the delivery of service that is safe, effective, and efficient.
Rule 2 - Supervision of Physical Therapist Assistants The purpose of this rule is to specify supervisory requirements for physical therapist assistants under § 12-41-113(1), C.R.S.
A. This rule applies to all licensed physical therapists who utilize physical therapist assistants in their practice. A physical therapist is responsible for all care provided by physical therapist assistants under his or her supervision.
B. For the purposes of these rules and regulations, the physical therapist may supervise the physical therapist assistant performing all acts which are included in the practice of physical therapy as defined in § 12-41-103(6), C.R.S., except for wound debridement. However, the physical therapist is responsible for the performance of all services performed by the physical therapist assistant. That responsibility requires the physical therapist to assure those services are performed with a degree of care and skill that would be expected of the licensed physical therapist. The physical therapist is legally accountable for the performance of the physical therapist assistants operating under his or her responsible direction and supervision.
C. A physical therapist may supervise no more than three unlicensed personnel at one time. Unlicensed personnel for the purposes of this rule and the Physical Therapy Practice Act include both physical therapist assistants and physical therapy aides.
D. Section 12-41-113(1), C.R.S., requires a physical therapist to provide responsible direction and supervision of an unlicensed person identified as a physical therapist assistant. Responsible direction and supervision is hereby defined as direction and supervision provided by a physical therapist who assumes accountability for the delegated acts of the unlicensed person identified as a physical therapist assistant.
E. The following condition must be met before a physical therapist can utilize a physical therapist assistant: a licensed physical therapist must be designated and recorded in the patient/client records as responsible for supervising the care and interventions provided by the physical therapist assistant. That physical therapist must consistently provide for the planning, evaluating, and supervising of all care rendered to the patient/client. Rule 3 - Supervision of Unlicensed Personnel Who Are Not Physical Therapist Assistants The purpose of this rule is to clarify the supervision requirements for other unlicensed persons providing physical therapy services under the supervision of a physical therapist who are not qualified to practice as a physical therapist assistant as defined by § 12-41-113(1), C.R.S.
A. A physical therapist is responsible for the care provided by other unlicensed personnel under his or her supervision. All other unlicensed persons participating in the delivery of physical therapy who are not physical therapist assistants as defined by § 12-41-113(1), C.R.S., shall be deemed as physical therapy aides.
B. A physical therapist may supervise no more than three (3) unlicensed personnel at one time. Unlicensed personnel for the purposes of this rule and the Physical Therapy Practice Act include both physical therapist assistants and physical therapy aides.
C. Section 12-41-113(1), C.R.S., requires a physical therapist to provide direct supervision of physical therapy aides. Direct supervision shall mean supervision that is on the premises and in the same building where any such unlicensed personnel are practicing.
D. A physical therapist shall periodically evaluate and observe the performance of the physical therapy aides under his or her supervision to ensure that the intervention rendered meets the standard of care.
E. A physical therapist assumes accountability for the delegated acts of the unlicensed person defined as a physical therapy aide.
F. A physical therapist assistant may not supervise other unlicensed personnel. Rule 4 - The Authorized Practice Of Physical Therapy By A Person Not Licensed In Colorado The purpose of this rule is to outline the following conditions under which a physical therapist not licensed in Colorado may practice for a temporary period of time under § 12-41-114(1)(f), C.R.S.:
A. The entity wishing to employ or engage the services of a visiting, unlicensed physical therapist must notify the Director at least one week prior to the start date and must document the need for employing or engaging the services of a visiting, unlicensed physical therapist. This requirement applies to continuing education courses.
B. The visiting, unlicensed physical therapist must possess a current and active license or registration in good standing in another state or country and provide a copy of the license to the Director at least one week prior to practicing in Colorado.
Rule 5 - Licensing of Foreign-Trained Applicants The purpose of this rule is to establish procedures for determining whether a foreign-trained applicant has substantially equivalent education and training as required pursuant to § 12-41-111(1)(a), C.R.S.
A. A foreign-trained applicant must have education and training in physical therapy substantially equivalent to the education and training required at accredited physical therapy programs in the United States. This includes an assessment of both the applicant's general and professional education.
B. Applicants who wish to have their general and professional education considered “substantially equivalent” must submit their credentials to the Foreign Credentialing Commission of Physical Therapy (“FCCPT”), International Consultants of Delaware (“ICD”), or International Credentialing Associates (“ICA”). The Director will not accept a credentials evaluation from an organization not listed in this rule.
C. All expenses associated with the credential evaluation are the responsibility of the applicant.
D. Failure to have a credentials evaluation pursuant to the terms of this rule will result in the Director denying the application.
Rule 6 - Internship Requirements for Formerly-Licensed Physical Therapists and Applicants by Endorsement The purpose of this rule is to delineate the internship requirements for a formerly-licensed Colorado physical therapist who seeks reinstatement under § 12-41-112(5), C.R.S., and applicants by endorsement that fall under § 12-41-109(3)(c)(I) & (II), C.R.S. An applicant shall successfully meet the following internship requirements:
A. The applicant shall make arrangements with a licensed and practicing physical therapist to supervise the internship.
B. The supervisor shall immediately notify the Director in writing of the establishment of the internship and submit a plan for supervision of the intern-applicant for the Director's approval.
C. The internship shall consist of the actual practice by the intern-applicant of physical therapy as defined in 12-41-103(6), C.R.S., and the following:
1. Supervision by a licensed physical therapist on the premises where physical therapy services are being rendered.
2. A minimum of 240 hours in no longer than a six-month period shall constitute an internship.
D. The supervising physical therapist must file a written report at the completion of the internship. This report must indicate successful completion of the internship as determined by the Director. Rule 7 - 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 Procedures 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 licensed pursuant to Title 12, Article 41.
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:
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.
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 Procedures Act at § 24-4-106, C.R.S.