Healthcare Branch
State Physical Therapy Board

Permanent Rulemaking Hearing on September 16, 2016

Proposed Changes with Statement of Basis, Purpose, and Authority

Basis and Purpose:  

A review and update of current Board Rules 101, 209, 210, 214, and 301 in response to a scheduled mandatory review of all Board rules; to amend the remaining rules for purposes of clarification in order to improve upon the understanding of requirements and processes, including the creation of a new Board Rule 101 out of the definitions provided in Board Rule 201 and re-numbering Board Rules 101 through 103 as a result; to repeal Board Rule 209 concerning declaratory orders and re-establish it as Board Rule 105 in order to be applicable to both physical therapists and physical therapist assistants; to repeal Board Rule 214 concerning the reporting of criminal convictions, judgments, and administrative proceedings and re-establish it as Board Rule 106 in order to be applicable to both physical therapists and physical therapist assistants; and to create a new Board Rule 107 to clarify notification requirements with regard to a mental or physical illness or condition. 

Statement of Authority:  

Pursuant to section 12-41-103.6(2)(b), C.R.S., the State Physical Therapy Board has the power and duty “[t]o adopt all reasonable and necessary rules for the administration and enforcement of” Article 41 of Title 12. 

Pursuant to section 12-41-109(3)(c)(I), C.R.S., “…demonstrated competency through successful completion of an internship or demonstrated competency as a physical therapist by fulfilling the requirements established by rules of the board.” 

Pursuant to section 12-41-112.5, C.R.S., “[t]he board shall promulgate rules governing the activation and inactivation of licenses.” 

Pursuant to section 12-41-113(1), C.R.S., “[t]he board shall promulgate rules governing the required supervision.”

Pursuant to section 12-41-114(1)(f), C.R.S., “…so long as the unlicensed physical therapist is acting in accordance with rules established by the board.” 

Pursuant to section 12-41-114.6(1)(b), C.R.S., “[t]he board shall adopt rules establishing a continuing professional competency program…”.  

Pursuant to section 12-41-201(3), C.R.S., “[t]he board may promulgate rules necessary to implement, administer, and enforce…”. 

Pursuant to section 12-41-206(3)(c), C.R.S., “…demonstrated competency through successful completion of an internship or demonstrated competency as a physical therapist assistant by fulfilling the requirements established by rules of the board.”

Pursuant to section 24-4-103, C.R.S., titled “Rule-making – procedure – definitions – repeal.”

Pursuant to section 24-4-103.3, C.R.S., titled “Mandatory review of rules by agencies – report on results of review in department regulatory agendas.” 

Pursuant to section 24-4-105(11), C.R.S., “[e]very agency shall provide by rule for the entertaining, in its sound discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency.” 

Pursuant to section 24-34-102(8)(d), C.R.S., “[a]n expired license, registration, or certificate of any other person may be reinstated at the discretion and pursuant to the authority of the director, licensing board, or commission…”

Pursuant to section 24-34-102(8.5), C.R.S., “[t]he director and each appropriate examining and licensing board shall promulgate rules to implement this section.”