DEPARTMENT OF REGULATORY AGENCIES RULE 120 - LICENSE REINSTATEMENT AND THE DEMONSTRATION OF CONTINUED PROFESSIONAL COMPETENCE 3 CCR 712-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

3.1 STATEMENT OF BASIS AND PURPOSE

These rules are promulgated pursuant to sections 12-20-204 and 12-290-106(1)(a), C.R.S. Specific authority for the promulgation of these rules is set forth in sections 12-290-119 and 24-34-102(8), C.R.S. The purpose for promulgation of these rules is to inform the public and applicants for license reinstatement of the Board’s requirements for reinstatement of a lapsed license and for the demonstration of continued professional competence for reinstatement applicants whose licenses have been lapsed for more than two years.

3.2 Requirements

A. As used in Article 290, Title 12, C.R.S., the terms lapsed, expired and delinquent are synonymous.

B. The Board shall not reinstate a license that has lapsed pursuant to section 12-290-119, C.R.S., or otherwise unless the licensee first accurately completes the application form approved by the Board and pays the application fees established by the Board.

C. The Board shall defer action on any application for reinstatement if it decides, either before or after the application has been made, to investigate a complaint against the applicant as provided in section 12-290-113, C.R.S., and if the Board decides to refer such complaint to the Office of the Attorney General for disciplinary proceedings by formal complaint, the Board shall defer final action on such reinstatement application until a hearing has been held in accordance with section 12-290-113, C.R.S., and the Board has issued its final order in such matter.

D. The Board shall not reinstate the license of any applicant for reinstatement whose license has lapsed for more than two years unless the applicant first demonstrates continued professional competence pursuant to the requirements set forth below. The applicant for reinstatement bears the burden of demonstrating his/her continued professional competence and must furnish to the Board evidence in support of the asserted continued professional competence. The Board may request additional information from an applicant for reinstatement.

E. The Board has established the following criteria for determining whether an applicant for reinstatement has demonstrated her/his continued professional competence as required by sections 12-290-119(3) and 12-20-202, C.R.S. An applicant must meet all applicable criteria to establish her/his continued professional competence.

1. 1. License lapsed two to five years. An applicant whose license has been lapsed for two to five years must demonstrate her/his continued professional competence by:
   1. a. Documenting a current license to practice podiatry in another jurisdiction; and 1 CODE OF COLORADO REGULATIONS 3 CCR 712-3 b. Documenting an active practice of podiatry in the jurisdiction that issued the current license since the Colorado license lapsed; and c. Submitting letters of endorsement from three licensed podiatrists or physicians who have observed the applicant’s practice and who attest to the applicant’s professional competence; and d. Submitting an attestation that the podiatrist has met the continuing education requirements set forth in Board policy.
2. 2. License lapsed more than five years. An applicant whose license has been lapsed more than five years must demonstrate her/his continued professional competence by:
   1. a. Documenting a current license to practice podiatry in another jurisdiction; and b. Documenting an active practice of podiatry in the jurisdiction that issued the current license since the Colorado license lapsed; and c. Submitting letters of endorsement from three licensed podiatrists or physicians who have observed the applicant’s practice and who attest to the applicant’s professional competence; and d. Submitting an attestation that the podiatrist has met the continuing education requirements set forth in Board policy; and e. Demonstrating that the applicant has in the past passed the written PMLEXIS examination of the National Board of Podiatric Medical Examiners or any successor organization as determined by scores established by the Colorado Podiatry Board.
3. 3. Alternate method of establishing continued professional competence. Any podiatrist who does not demonstrate continued professional competence by compliance with the above criteria may demonstrate continued professional competency by:
   1. a. Passage within the preceding twenty-four months of the written PMLEXIS examination of the National Board of Podiatric Medical Examiners or any successor organization as determined by scores established by the Board; and/or b. Complying with any other evaluation, education, training and/or monitoring the Board may require to establish continued professional competence. Such requirements shall be at the discretion of the Board.

F. As used in this Rule, “active practice of podiatry” means the applicant has engaged in the practice of podiatry at least twenty hours per week over the applicable time period with no more than a six month continuous absence from the practice of podiatry.

G. An applicant for licensure reinstatement, unless the applicant qualifies for an exemption, is required to fulfill the substance use prevention training requirements set forth in Rule 15.5 of Rule 150.

1. 2 CODE OF COLORADO REGULATIONS 3 CCR 712-3 _________________________________________________________________________ Editor’s Notes History Entire rule eff. 02/03/2010.

Entire rule emer. rule eff. 07/01/2010; expired eff. 10/29/2010. Entire rule eff. 10/30/2010.

Rules 3.1, 3.2 G eff. 01/30/2020.

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