ALERT - Emergency PT Board Meeting Held Nov. 19

Monday morning (November 19, 2018) the Board of PT Physical Therapy (Board) held an emergency meeting. Don Knox, Executive Director, and Cameron MacDonald, APTA Colorado President, attended the meeting. DORA staff, following review of the rules making process that has been underway since the enactment of the new PT Practice Act following the sunset review, did not feel that the process underway would meet all requirements, especially review of the Office for Legislative Legal Services (OLLS) due to the following:

• During the rules making hearing, participants on the webinar were not able to testify or comment but had expressed desire to do so. This was a technical issue. 
• The Board of PT sought to form a task force to allow stakeholders to engage in dialogue with the board in the reconstruction of the continuing competency, but this is beyond the scope of the Board to enact, so a new process will need to be established to ensure appropriate stakeholder involvement.  To note, the original group that established the continuing competency rules was appointed by a different process and not the Board. 
• The Board dialogue with the witnesses/stakeholders/audience was considered outside of the duties of the board in rules making. As further clarifying information is required, a return to a stakeholder process is required.  

The PT Board continues to wish to engage directly and purposefully with stakeholders. Confusion has been present with regards to which meeting structure would best support the dialogue and input that the board is seeking. To ensure that the full input of stakeholders is received, DORA informed attendees that the PT Board members are able to attend some stakeholder meetings as citizens, and not in their official role as a board member. Other stakeholders meetings can be set to allow for dialogue between stakeholders and the Board of PT.

Next steps:

• DORA will not be submitting any of the rules worked on to date with the Secretary of State; thus restarting the rule making.
• December: The continuing competency task force meeting will not occur but the following meeting will be held: on December 7, 2018, from 9-11 a.m., the State Physical Therapy Board will hold a second stakeholder meeting to collect input regarding proposed rule changes to implement  HB-1155, Sunset Continue Physical Therapy Board Functions (Rules 213 and 307), Continuing Competency. The Board invites you to participate in a discussion regarding how these rules may affect consumers, positively or negatively.
• January: Emergency rule making on dry needling. This is required to be completed in January. 
• January: Re-start stakeholder process - Reopen ALL the rules needing promulgation from changes in the Practice Act Sunset bill (HB 18-1155) including Dry Needling. 
• February: Ongoing stakeholder meetings to inform the rule-making process
• March: Rule Making to establish the final new PT Rules for dry needling, continuing competency (PT & PTA) and background checks.
• May 1: Date of rule enactment (goal). 

Recognizing that the new continuing competency rules will go into effect during the current two-year cycle (Nov 1 2018 - Oct 31 2020) for continuing competency - it is our understanding that the requirements will be pro-rated for PTA's, and that PT's will be required to meet whichever standard is lower, the current or the future standards. Pro-rating infers that if you are under a requirement for 18 out of 24 months (75%), that you would need to meet 75% of the entire standard for the two year period. This is our understanding and has not been ruled on yet.

Cameron MacDonald

APTA Colorado President