On Friday, February 15, 2013, Sen. Irene Aguilar introduced SB 13-180 – Concerning the Continuation of the Regulation of the Practice of Occupational Therapy, and, in Connection Therewith, Requiring Occupational Therapists and Occupational Therapy Assistants to Obtain a License from the Department of Regulatory Agencies, Modifying Provisions Governing the Supervision of Occupational Therapy Assistants, Adding Grounds for Disciplining Licensees, Requiring Licensees to Maintain Professional Competency, and Authorizing Licensees to Enter into Agreements to Limit Practice when Suffering from a Physical or Mental Condition. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill implements the recommendations contained in the sunset review and report on the “Occupational Therapy Practice Act” (OTPA) by continuing the OTPA for five years and restoring provisions in the “Colorado Consumer Protection Act” (CCPA) that existed prior to the enactment of the OTPA. The provisions restored in the CCPA establish a deceptive trade practice, and thus trigger CCPA remedies, when a person claims to be an occupational therapist but has not earned the appropriate higher education degree, completed an internship, passed an examination given by a national organization, and obtained certification from a national organization. On March 7, the Health & Human Services Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact.

On Wednesday, January 30, 2013, Sen. Jeanne Nicholson introduced SB 13-151 – Concerning the Continuation of the Regulation of Massage Therapists, and, in Connection Therewith, Requiring Licensure of Massage Therapists and Implementing Other Recommendations Contained in the Sunset Report Prepared by the Department of Regulatory Agencies. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill implements the recommendations contained in the sunset review and report on the “Massage Therapy Practice Act” (MTPA). The bill continues the regulation of massage therapists by the director of the division of professions and occupations (director) for nine years, until 2022. Current law requires massage therapists to be registered with the director. The bill replaces the registration requirement with a requirement that massage therapists obtain a license.

The bill adds the following as grounds for disciplining a massage therapist:

• Failure to report the surrender of a massage therapy license, certification, or registration to, or an adverse action taken against a license, certification, or registration by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for acts that constitute grounds for discipline under the MTPA;
• Commission of an act that does not meet, or failure to perform an act necessary to meet, generally accepted standards of massage therapy care; and
• Commission of a crime when the underlying act was related to the practice of massage therapy or was perpetrated against a massage therapy client during the therapeutic relationship.

The bill authorizes the director to issue letters of admonition and confidential letters of concern to a massage therapist against whom the director determines action against the license is not warranted but a statement from the director about the conduct is appropriate.

In order to register as a massage therapist under current law, an applicant must have obtained a degree or diploma from an approved massage therapy school, which is defined as a massage therapy educational school approved by the division of private and occupational schools; a massage therapy educational program certified by the Colorado community college system; or a massage therapy educational program accredited by a nationally recognized accrediting agency. The bill permits an applicant to obtain a degree or diploma from a massage therapy program at a school located outside Colorado that is approved by the director based on standards adopted by the director by rule.

The bill requires a massage therapist who has had his or her license revoked or has surrendered his or her license in lieu of discipline to wait at least two years before applying for a new license.

Under current law, a massage therapist is subject to discipline if he or she has a mental or physical condition or disability that renders him or her unable to provide massage therapy with reasonable skill and safety or that may endanger the health or safety of clients. The bill imposes discipline on a massage therapist who has such a condition or illness only if the massage therapist:

• Fails to notify the director of the condition or illness;
• Fails to act within the limitations created by the condition or illness; or
• Fails to comply with the limitations agreed to under a confidential agreement entered into with the director.

The bill authorizes the director to enter into a confidential agreement with a massage therapist who suffers from a mental or physical condition or illness under which the massage therapist agrees to limit his or her practice to ensure client safety and also agrees to monitoring and reevaluations. On Feb. 13, the Health & Human Services Committee amended the bill and sent it to the Appropriations Committee for consideration of the fiscal impact.

Since this summary, the Appropriations Committee amended the bill and sent it for consideration by the Senate Committee of the Whole.