3 Colo. Code Regs. § 715-1.11

Current through Register Vol. 48, No. 1, January 10, 2025

Section 3 CCR 715-1.11 - CONTINUING PROFESSIONAL COMPETENCY

This Rule is promulgated pursuant to sections 12-20-204, 12-270-112, and 12-270-116, C.R.S.

A. Definitions

1. 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.

2. Deemed Status: A licensee who satisfies the continuing professional competency requirements of an accrediting body or entity approved by the Director pursuant to section 12-270-112(2), C.R.S., may qualify for deemed status.

3. Learning Plan: The Director-approved form through which a licensee documents their goals and plans of learning that were developed from the licensee's Reflective Self-Assessment (RSAT), which is defined below. A licensee shall execute their learning plan by completing professional development activities (PDA) as required before a license is renewed.

4. Military Exemption: As set forth in section 12-20-302, 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 their license for the renewal period that falls within the period of service or within six months following the completion of service.

5. 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 clock hour (sixty minutes).

6. Program Manual: An instructional guide to assist a licensee in understanding the continuing professional competency requirements and the CPD program.

7. Reflective Self-Assessment (RSAT): A reflective practice tool in which a licensee can reflect upon their 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. 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 section 12-270-112(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 section 12-20-302, 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 their military service meets the criteria established in section 12-20-302, C.R.S., and Section (E) of this Rule.

2. A licensee shall attest at the time of the renewal of a license to 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 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 the licensee's learning plan. The Director will not pre-approve specific courses or providers. The licensee shall determine which activities and topics will meet the licensee's Learning Plan and select appropriate courses and providers.

b. PDA are organized into the following eight categories. One PDA is granted per one clock hour of qualifying activity with the exception of the category "presentations" in which two PDA are credited for every one hour of presentation delivered. This two:one ratio acknowledges the preparation of the presentation. PDAs are credited only once per presentation.

(1) Volunteer service

(2) Fieldwork supervision

(3) Mentoring

(4) Presentations

(5) Publishing

(6) Coursework

(7) Independent learning

(8) Group study

c. PDA must be earned through a minimum of two categories with no more than twelve 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 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:

(1) A signed learning plan that contains the licensee's learning goals in the form and manner set forth in the current program manual as approved by the Director.

(2) Documentation of the required PDA in compliance with the current program manual and this Rule.

(3) The Director has sole discretion to accept or reject PDA that do not meet the criteria established by the Director as defined in the current program manual and this Rule.

b. As set forth in section 12-270-112(4), C.R.S., records of assessments or other documentation developed or submitted in connection with the continuing professional competency program:

(1) Are confidential and not subject to the inspection by the public or discovery in connection with a civil action against an occupational therapist, occupational therapy assistant, or other professional regulated under this Title, and

(2) May be used only by the Director and only for the purpose of determining whether a licensee is maintaining CPC to engage in the profession.

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 their 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:

(1) An assessment of knowledge and skills;

(2) Twenty four hours of continuing education or learning activities per renewal period; and

(3) Demonstration of completion of continuing competency activities.

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 their military service meets the criteria established in section 12-20-302, C.R.S.

2. After being granted a military exemption, in order to complete the renewal process, a licensee shall attest to their military exemption.

F. Records Retention. A licensee shall retain documentation demonstrating their compliance for two 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 section 12- 270-114(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 1.6 , Rule 1.12 , Rule 1.13, and this Rule.

3 CCR 715-1.11

38 CR 04, February 25, 2015, effective 3/17/2015

42 CR 13, July 10, 2019, effective 7/30/2019

43 CR 03, February 10, 2020, effective 1/1/2020

43 CR 07, April 10, 2020, effective 4/30/2020

44 CR 11, June 10, 2021, effective 4/27/2021

44 CR 12, June 25, 2021, effective 7/15/2021

45 CR 14, July 25, 2022, effective 6/28/2022

45 CR 16, August 25, 2022, effective 9/14/2022

45 CR 21, November 10, 2022, effective 11/30/2022