(1) (a) The state physical therapy board is hereby created as the agency for regulation of the practice of physical therapy in this state and to carry out the purposes of this article 285. The board consists of: Four physical therapist members; one physical therapist assistant, unless a physical therapist assistant cannot be found, in which case the governor may appoint an additional physical therapist to the board; and two members from the public at large. Each member of the board is to be appointed by the governor for terms of four years. A member shall not serve more than two consecutive terms of four years. The governor shall give due consideration to having a geographic, political, urban, and rural balance among the board members.
(b) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division. The division shall provide necessary management support to the board under section 12-20-103 (2).
(2) A person is qualified to be appointed to the board if the person:
(a) Is a legal resident of Colorado; and
(b) Is currently licensed in good standing, with no restrictions, as a physical therapist and actively engaged in the practice of physical therapy in this state for at least five years preceding his or her appointment, if fulfilling the position of physical therapist on the board.
(3) Should a vacancy occur in any board membership before the expiration of the member's term, the governor shall fill the vacancy by appointment for the remainder of the term in the same manner as in the case of original appointments. A member of the board shall remain on the board until his or her successor has been appointed. A member may be removed by the governor for misconduct, incompetence, or neglect of duty.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1506, � 1, effective October 1. L. 2022: (1)(b) amended, (SB 22-162), ch. 469, p. 3397, � 136, effective August 10.
Editor's note: This section is similar to former � 12-41-103.3 as it existed prior to 2019.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
12-285-106. Powers and duties of board - reports - publications - rules - interstate compact - limitation on authority. (1) The board shall administer and enforce this article 285 and rules adopted under this article 285.
(2) In addition to any other powers and duties given the board by this article 285, the board has the following powers and duties:
(a) To evaluate the qualifications of applicants for licensure, administer examinations, issue and renew licenses and permits authorized under this article 285, and take disciplinary actions authorized under this article 285 and section 12-20-404;
(b) To adopt all reasonable and necessary rules pursuant to section 12-20-204 for the administration and enforcement of this article 285, including rules regarding:
(I) The supervision of unlicensed persons by physical therapists, taking into account the education and training of the unlicensed individuals; and
(II) Physical therapy of animals, including, without limitation, educational and clinical requirements for the performance of physical therapy of animals and the procedure for handling complaints to the department regarding physical therapy of animals. In adopting rules, the board shall consult with the state board of veterinary medicine established by section 12-315-106.
(c) To conduct hearings in accordance with section 12-20-403 upon charges for discipline of a licensee and cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 285;
(d) To maintain a register listing the name of every physical therapist, including the contact address, last-known place of residence, and the license number of each licensee;
(e) To promote consumer protection and consumer education by such means as the board finds appropriate;
(f) To facilitate Colorado's participation in the Interstate Physical Therapy Licensure Compact Act, part 37 of article 60 of title 24, as follows:
(I) Appoint a qualified delegate to serve on the physical therapy compact commission;
(II) Participate fully in the physical therapy compact commission data system;
(III) Obtain a set of fingerprints from an applicant for initial licensure or certification and forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check using records of the Colorado bureau of investigation, the federal bureau of investigation, or other appropriate federal agency. The board is the authorized agency to receive information regarding the result of a national criminal history record check. The applicant whose fingerprints are checked shall pay the actual costs of the state and national fingerprint-based criminal history record check.
(IV) Notify the physical therapy compact commission of any adverse action taken by the board; and
(V) Approve payment of assessments levied by the physical therapy compact commission to cover the cost of the operations and activities of the commission and its staff.
(3) The authority granted the board by this article 285 does not authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1507, � 1, effective October 1.
Editor's note: Subsection (1) is similar to former � 12-41-103.6 (1)(a); subsection (2) is similar to former � 12-41-103.6 (2); and subsection (3) is similar to former � 12-41-127, as those sections existed prior to 2019.