3 Colo. Code Regs. § 722-1.12

Current through Register Vol. 47, No. 20, October 25, 2024

Section 3 CCR 722-1.12 - Duty to Self-Report Certain Medical Conditions

A licensed massage therapist is only subject to disciplinary action for a physical or mental illness if the licensed massage therapist fails to: comply with the limitations of a Confidential Agreement entered into pursuant to section 12-235-117, C.R.S.; fails to act within the limitations created by the physical or mental illness or condition; or fails to notify the Director of a physical or mental illness or condition that impacts a licensed massage therapist's ability to practice massage with reasonable skill and safety to clients.

A. Notice to Director. No later than thirty days from the date a physical or mental illness or condition impacts a licensee's ability to perform massage therapy with reasonable skill and safety, the licensee shall provide the Director, in writing, the following information:

1. The diagnosis and a description of the illness or condition;

2. The date that the illness or condition was first diagnosed;

3. The name of the current treatment provider and documentation from the current treatment provider confirming the diagnosis, date of onset, and treatment plan;

4. A description of the licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition;

5. Whether the licensee has been evaluated by, or is currently receiving services from the Director's authorized peer health assistance program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.

B. Change of Circumstances; Further Notice. The licensee shall further notify the Director of any significant change in the illness or condition ("change of condition") that impacts the licensee's ability to perform massage therapy with reasonable skill and safety. The licensee must notify the Director of a positive or negative change of condition. Such notification shall occur within thirty days of the change of condition. The licensee shall provide the Director, in writing, the following information:

1. The date of the change of condition;

2. The name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan;

3. A description of the licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of condition;

4. Whether the licensee has been evaluated by, or is currently receiving services from, the peer health assistance program related to the change of condition and, if so, the date of initial contact and whether services are ongoing.

C. Confidential Agreement; Director Discretion. Compliance with this Rule is a prerequisite for eligibility to enter into a Confidential Agreement with the Director pursuant to section 12-235-117, C.R.S. However, mere compliance with this Rule does not require the Director to negotiate regarding, or enter into, a Confidential Agreement. Rather, the Director will evaluate all facts and circumstances to determine if a Confidential Agreement is appropriate.

D. Failure to Notify. If the Director discovers that a licensee has a mental or physical illness or condition that impacts the licensee's ability to perform a Professional Service with reasonable skill and safety and the licensee has not timely notified the Director of such illness or condition as required under these Rules, the licensee shall not be eligible for a Confidential Agreement and may be subject to disciplinary action for failure to notify under section 12-235-117(1), C.R.S., and other related violations contemplated under section 12-235-111(1)(g), C.R.S.

3 CCR 722-1.12

37 CR 11, June 10, 2014, effective 7/1/2014

38 CR 01, January 10, 2015, effective 1/30/2015

40 CR 01, January 10, 2017, effective 1/30/2017

40 CR 19, October 10, 2017, effective 10/30/2017

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

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

43 CR 22, November 25, 2020, effective 12/15/2020

44 CR 09, May 10, 2021, effective 5/30/2021

45 CR 17, September 10, 2022, effective 8/15/2022

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

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