2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 270. Occupational Therapists and Occupational Therapy Assistants
Section 12-270-109. Supervision of occupational therapy assistants and aides.

[Editor's note: This article 270 is in a one-year wind-up period. For further explanation regarding the wind- up period, see the editor's note following the article heading.] (1) An occupational therapy assistant may practice only under the supervision of an occupational therapist who is licensed to practice occupational therapy in this state. The occupational therapist is responsible for occupational therapy evaluation, appropriate reassessment, treatment planning, interventions, and discharge from occupational therapy services based on standard professional guidelines. Supervision of an occupational therapy assistant by an occupational therapist is a shared responsibility. The supervising occupational therapist and the supervised occupational therapy assistant have legal and ethical responsibility for ongoing management of supervision, including providing, requesting, giving, or obtaining supervision. The supervising occupational therapist shall determine the frequency, level, and nature of supervision with input from the occupational therapy assistant and shall base the supervision determination on a variety of factors, including the clients' required level of care, the treatment plan, and the experience and pertinent skills of the occupational therapy assistant.

(2) The supervising occupational therapist shall supervise the occupational therapy assistant in a manner that ensures that the occupational therapy assistant:

1. Does not initiate or alter a treatment program without prior evaluation by and approval of the supervising occupational therapist;

2. Obtains prior approval of the supervising occupational therapist before making adjustments to a specific treatment procedure; and

3. Does not interpret data beyond the scope of the occupational therapy assistant's education and training.

(3) An aide shall function only under the guidance, responsibility, and supervision of an occupational therapist or occupational therapy assistant. The aide shall perform only specifically selected tasks for which the aide has been trained and has demonstrated competence to the occupational therapist or occupational therapy assistant. The supervising occupational therapist or occupational therapy assistant shall supervise the aide in a manner that ensures compliance with this subsection (3) and is subject to discipline under section 12-270-114 for failure to properly supervise an aide.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1399, § 1, effective October 1.

Editor's note: This section is similar to former § 12-40.5-107 as it existed prior to 2019. 12-270-110. Scope of article - exclusions. [Editor's note: This article 270 is in a oneyear wind-up period. For further explanation regarding the wind-up period, see the editor's note following the article heading.] (1) This article 270 does not prevent or restrict the practice, services, or activities of:

1. A person licensed or otherwise regulated in this state by any other law from engagingin his or her profession or occupation as defined in the part or article under which he or she is licensed;

2. A person pursuing a course of study leading to a degree in occupational therapy at aneducational institution with an accredited occupational therapy program if that person is designated by a title that clearly indicates his or her status as a student and if he or she acts under appropriate instruction and supervision;

3. A person fulfilling the supervised fieldwork experience requirements of section 12270-107 (1) if the experience constitutes a part of the experience necessary to meet the requirement of section 12-270-107 (1) and the person acts under appropriate supervision; or

4. Occupational therapy in this state by any legally qualified occupational therapist from another state or country when providing services on behalf of a temporarily absent occupational therapist licensed in this state, so long as the unlicensed occupational therapist is acting in accordance with rules established by the director. The unlicensed practice must not be of more than four weeks' duration, and a person shall not undertake unlicensed practice more than once in any twelve-month period.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1399, § 1, effective October 1.

Editor's note: This section is similar to former § 12-40.5-108 as it existed prior to 2019.