A.
Basis: The
authority for promulgation of these rules and regulations by the Colorado
Medical Board ("Board") is set forth in sections
24-4-103,
12-20-204(1),
12-240-119,
12-240-106(1)(a),
12-240-120(1)(d),
12-20-202(2)(c)(II),
and 12-240-141(5),
C.R.S.
B.
Purpose: The purpose of these rules and regulations is
to set forth the process by which a physician assistant may demonstrate
continued competency for the purpose of complying with the statutory sections
referenced above to obtain a Colorado physician assistant license; demonstrate
qualifications substantially equivalent for licensure by endorsement in this
state pursuant to the Occupational Credential Portability Program as set forth
in section
12-20-202, C.R.S.; demonstrate at
least one year of having practiced as a physician assistant in another
jurisdiction with a scope of practice substantially similar to the scope of
practice in this state for licensure by endorsement pursuant to the
Occupational Credential Portability Program as set forth in section
12-20-202, C.R.S.; reinstate an
expired license; or reactivate an existing Colorado physician assistant
license. The Board finds that due to the significant differences between the
nature of physician assistant practice and the nature of physician practice, it
is necessary and appropriate to delineate different methods by which physician
assistants and physicians shall demonstrate continued competency as required by
the Medical Practice Act. The significant differences between the two types of
practice include the requirements that all physician assistants must be
supervised by a licensed physician in accordance with existing Board rules and
regulations. The Board finds, however, that if a physician assistant has ceased
clinical practice for two or more years, the nature of the physician
assistant/physician supervisory relationship in and of itself cannot compensate
for potential knowledge and clinical deficiencies, which may exist due to the
lack of practice experience for such an extended period of time.
C. LICENSURE BY ENDORSEMENT PURSUANT TO THE
OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM PURSUANT TO SECTION
12-20-202(3),
C.R.S.
1. For the purpose of licensure by
endorsement through the occupational credential portability program,
"substantially equivalent experience or credentials" means the applicant holds
a current, valid, and unrestricted license in another U.S. jurisdiction that
requires qualifications substantially equivalent to the qualifications for
licensure in this state; the applicant submits written verification they have
actively practiced as a physician assistant in another jurisdiction for the
last two years or has otherwise maintained continued competency as determined
by the Board; and submits proof satisfactory to the Board and attests that they
have not been and are not subject to final or pending disciplinary or other
action by any state or jurisdiction in which the applicant is or has been
previously licensed except that, if the applicant is or has been subject to
action, the Board may review the action to determine whether the underlying
conduct warrants refusal of a license pursuant to section
12-240-120, C.R.S.
2. To demonstrate continued competency for
purposes of complying with section
12-20-202(3),
C.R.S., a physician assistant may:
a. Submit
proof satisfactory to the Board of active practice as a physician assistant in
another jurisdiction for the one-year period immediately preceding the filing
of the application. If the physician assistant has practiced as a physician
assistant only for a portion of the one-year period immediately preceding the
filing of the application, the Board may determine on a case by case basis in
its discretion whether the physician assistant has adequately demonstrated
continued competency to practice as a physician assistant;
b. Submit proof satisfactory to the Board of
having held for at least one year a current and valid physician assistant
license in another jurisdiction with a scope of practice that is substantially
similar to the scope of practice for physician assistants as specified in
section 12-240-107, C.R.S.
c. Submit to the Board the following:
(a) proof satisfactory to the Board that the
physician assistant has been out of practice as a physician assistant for less
than two years;
(b) proof of
current certification by the National Commission on Certification of Physician
Assistants, Inc. ("NCCPA");
(c)
proof of 100 hours of continuing medical education within the past two years,
including twenty-five hours of category I continuing medical education in the
past twelve months; and
(d) a
written plan satisfactory to the Board, documenting the nature, extent, and
duration of supervision that will be provided by the supervising physician to
the physician assistant as the physician assistant makes the transition back
into clinical practice; or
d. Submit to the Board proof of participation
in numerous professional activities, including but not limited to: maintenance
of certification (MOC) activities; successful completion of the National
Commission on Certification of Physician Assistants (NCCPA); category 1
approved CME educational courses with relevance to practice;
teaching/lecturing/mentoring activities; non-patient care hospital or
organization committee participation, including quality, safety, pharmacy and
therapeutics, peer review, tumor board or other clinically relevant activities;
clinically applicable research; surveying on behalf of accreditation
organizations; or volunteer medical care provided overseas or in other
jurisdictions. The Board's Licensing Panel shall have discretion to consider an
applicant's activities on a case-by-case basis and may determine an applicant
has met continued competency through a combination of any of the above
activities or other relevant professional activities.
D. REENTRY LICENSE
For those physician assistants who have been out of practice
as a physician assistant for two or more years, (a) submit to the Board a
personalized competency evaluation report prepared by a program approved by the
Board, and (b) complete any education and/or training recommended by the
program as a result of the evaluation prior to obtaining a license. In the
discretion of the Board, the physician assistant may be able to receive a
re-entry license prior to completing the education and/or training recommended
by the program for the purpose of facilitating the completion of such education
and/or training. All expenses resulting from the evaluation and/or any
recommended education and/or training are the responsibility of the physician
assistant and not of the Board.
The Board will consider an applicant to be ineligible for a
reentry license if their period of inactive practice resulted from disciplinary
action or unprofessional conduct. If a reentry license is issued, such a
license is valid only for three years from the date of issue and is not
renewable. Failure to complete the training requirements before the end of the
three-year period will result in the reentry license being administratively
inactivated.
In the discretion of the Board, the physician assistant may
be issued a re-entry license for the specific purpose of completing the
education and/or training requirements. The re-entry license is valid for a
single period of time not greater than three (3) years from the date of issue.
Failure to complete the education and/or training requirements before the end
of the three (3) year period for the re-entry license will result in the
re-entry license being administratively inactivated.
E. CONVERSION OF REENTRY LICENSE
When an applicant has timely and successfully completed the
training requirements, the applicant shall apply to the Licensing Panel of the
Board to convert the reentry license to full licensure by submitting a letter
to the Licensing Panel with documents that clearly establish timely and
successful completion of the training requirements. If the Board determines
that the applicant is competent and qualified to practice as a physician
assistant, the Board will convert the reentry license to a full license to
practice as a physician assistant. If the Board determines that the applicant
is not competent nor qualified to practice as a physician assistant, the Board
may require further assessment, training, or period of supervised practice in
its discretion.
F. EXPENSES
All expenses resulting from the assessment and/or any
training requirements are the responsibility of the applicant and not of the
Board.
G. REINSTATEMENT OR
REACTIVATION OF A LICENSE
In support of any application for reinstatement or
reactivation of a license to practice as a physician assistant, for the purpose
of complying with sections
12-20-202(2)(c)(II),
12-240-120(1)(d),
or 12-240-141(5),
C.R.S., a physician assistant may demonstrate continued competency in
accordance with the methods identified in Rule 29.2(A)(2), identified
above.
H. Where appropriate,
the Board may determine that demonstration of continued competency requires an
additional or different approach. For example, due to the length of time the
physician assistant has been out of practice, the Board may require a written
plan documenting the nature, extent, and duration of supervision that will be
provided by the supervising physician to the physician assistant as the
physician assistant makes the transition back into clinical practice. This
written plan may be in addition to the personalized competency evaluation
and/or recommended education and/or training. The decision as to the method of
determining continued competency shall be at the discretion of the
Board.
Notes
3 CCR 713-1.9
Adopted 8/15/02, Effective 10/30/02, Revised
2/13/03, Effective 4/30/03, Revised 4/14/05, Effective 6/30/05, Revised
5/17/07, Effective July 30, 2007; Revised 08/19/10; Effective 10/15/10.
46
CR 12, June 25, 2023, effective
7/15/2023