MINUTES STATE PHYSICAL THERAPY BOARD November 18, 2016 Notice of this meeting was posted in the reception area at 1560 Broadway, Ste. 1350, Denver, CO, 80202, at least 2 days in advance of the meeting date. Location:

Civic Center Plaza 1560 Broadway Conference Room 1250A Denver, CO 80202

Members present:

Ann Dinsmore, PT, President; Carolyn Armstrong, PT, VicePresident; Steven DiPaola, PT; Britt Smith, PT; Tamara Struessel, PT; and Cindy Charlton, Public Member

Members absent:

Bau Tran, Public Member

Presiding:

Ann Dinsmore, PT, President

Legal Counsel:

Kerry Tipper, Assistant Attorney General

Division Staff:

Maulid Miskell, Program Director; Dennis Rhodes, Expedited Settlement Specialist; and Melissa Weiss, Program Manager

I.

CALL TO ORDER Ann Dinsmore, PT, Board President called the meeting to order at 8:44 a.m.

II.

III.

MINUTES A.

A motion was made, seconded and carried to approve the September 16, 2016, Meeting Minutes as amended.

B.

A motion was made, seconded and carried to approve the September 27, 2016, Meeting Minutes as presented.

REPORTS

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A.

Report from the Program Director, Maulid Miskell Mr. Miskell introduced Bryan Jameson, the policy analyst that will be drafting the sunset report of the Physical Therapy Practice Act. Mr. Miskell informed the Board that there was no dry needling agenda topic for this meeting since there was no information presented that required them to consider revisiting the rule at this time. If such information is presented, he will bring it to the Board for consideration and of course the Board is free to revisit the rule any time it sees fit. Mr. Miskell proposed to the Board a promulgated rule to define joint mobilization in order to address the issue of physical therapists being able to perform Grade 5 Spinal Mobilization. The Board agreed to authorize him to conduct a stakeholder meeting to solicit feedback before drafting a proposed rule. Mr. Miskell informed the Board that he is still working on a policy to address a couple of scope of practice questions that the Board directed him to draft with input from legal counsel. This draft policy will be presented at a future Board meeting. Mr. Miskell asked the Board to think about which member or members it plans to send as its representative to the 2017 Federation of State Boards of Physical Therapy Leadership Issues Forum and Annual Meeting. Mr. Miskell provided a couple of highlights from the Federation of State Boards of Physical Therapy Annual Meeting that he attended with Ann Dinsmore, President, from November 3rd – 5th in Columbus, OH.

B.

Report from the Board President, Ann Dinsmore, PT Ms. Dinsmore provided a detailed verbal report on the Federation of State Boards of Physical Therapy Annual Meeting that she attended from November 3rd – 5th in Columbus, OH.

IV.

DISCUSSION ITEMS A.

Center for Personalized Education for Physicians (CPEP) 1. Advanced Skills in Clinician-Patient Communication Course Board noted.

B.

Continuing Competency (CC) Program - Abi Gaskins, Division Wide Programs Manager Ms. Gaskins provided an update that she conducted outreach at the Colorado Chapter of the American Physical Therapy Association meeting on October 15, 2016. 1. Updates to new CC renewal cycle The Board made updates to the Professional Development Activities (PDA) list. 2. Specialist Certifications – Tiers

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The Board decided to only accept the American Board of Physical Therapy Specialties (ABPTS) specialty certification and those recognized by it and to rescind the appeal process. The Board requested that all physical therapists be informed as soon as possible that those specialty certifications already approved would only apply to the last renewal cycle. This decision impacts Memorandums #3 and #4. 3. Specialist Certifications – petitions The Board will not be considering these petitions moving forward. 4. Opinion from Jason Falvey, PT, DPT, GCS – related to Item #9 in Memorandum #3 Board noted. C.

Federation of State Boards of Physical Therapy 1. September 2016 News Briefs Board noted. 2. October 2016 News Briefs Board noted. 3. Candidate Survey July – September 2016 Board noted.

D.

Senate Bill 16-158 Concerning PA Scope of Practice Board noted.

E.

Proposed Amendments to Recently Adopted Rules The Board authorized Maulid Miskell, Program Director, to conduct a stakeholder meeting to obtain feedback on the proposed amendments as discussed and to notice a rulemaking hearing to occur at its January 13, 2017, meeting.

F.

2017 Meeting Schedule There was a motion made, seconded and carried to approve the proposed meeting scheduled for calendar year 2017.

V.

OPEN FORUM Ellen Caruso, representing the Colorado Chapter of the American Physical Therapy Association (APTA), provided background information on some past bills and provided some updates on potential bills to be addressed in the 2017 legislative session.

VI.

LICENSING

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A.

Administrative Licensure Consent Items** None presented.

B.

Applications Requiring Board Review

Physical Therapist: 1. W.K. PT Exam A motion was made, seconded and carried to deny the application for a physical therapist license.

2. B.A., PT Endorsement A motion was made, seconded and carried to grant a physical therapist license.

Physical Therapist Assistant: 1. B.B., PTA Endorsement A motion was made, seconded and carried to grant a physical therapist assistant certificate. VII.

REVIEW OF COMPLAINTS A.

Reports of Investigation 1. T.B., PTL

Case #2016-2155

After careful consideration of the information provided, a motion was made, seconded and carried to dismiss this case as being without merit. 2. P.D., PTL

Case #2015-2203

After careful consideration of the information provided, a motion was made, seconded and carried to refer this case to Executive Session to discuss with legal counsel potential grounds for discipline.

3. P.D., PTL

Case #2016-977

After careful consideration of the information provided, a motion was made, seconded and carried to table this case pending additional information.

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B.

New Business 1. C.L., PTL

Case #2016-5289

After careful consideration of the information provided, a motion was made, seconded and carried to table this case pending additional information.

2. C.L., PTL

Case #2016-5290

After careful consideration of the information provided, a motion was made, seconded and carried to dismiss this case as being without merit. 3. S.P., PTL

Case #2016-4702

After careful consideration of the information provided, a motion was made, seconded and carried to dismiss this case. The Board found that there was no reasonable cause to warrant further action at this time.

4. J.M., PTL

Case #2016-5030

Steve DiPaolo, PT, recused from participation in this case and departed the meeting room. After careful consideration of the information provided, a motion was made, seconded and carried to refer this case to Executive Session to discuss with legal counsel potential grounds for discipline.

5. D.W., PTL

Case #2016-2778

After careful consideration of the information provided, a motion was made, seconded and carried to dismiss this case as being without merit. C.

Old Business 1. J.L., PTL

Case #2015-4835

After careful consideration of the information provided, a motion was made, seconded and carried to refer this case to Executive Session to discuss with legal counsel potential grounds for discipline.

2. A.N., PTL

Case #2016-1209

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After careful consideration of the information provided, a motion was made, seconded and carried to refer this case to Executive Session to discuss with legal counsel potential grounds for discipline. VIII. COMPLIANCE MONITORING A.

Open Stipulations Report Board noted.

B.

Individual Monitoring Reports 1. Catherine Rodriguez, PT #13254 / # 2016-1210 A motion was made, seconded and carried to accept this report.

2. Robert Ward, PTA #12017 / # 2015-4669 – Ratify Closure – NO MATERIALS A motion was made, seconded and carried to ratify the closure of the stipulation.

IX.

EXECUTIVE SESSION Ann Dinsmore, PT, Board President, called for a motion at 12:42 p.m., that the State Physical Therapy Board enter into Executive Session for the purpose of discussing with counsel disputes that are the subject of pending or imminent court action, discussing specific claims or grievances, and receiving legal advice on specific legal questions, pursuant to Colorado Revised Statutes section 26-4-402(3)(a)(II), including: A.

The legal basis for potential disciplinary action, and, where warranted, recommended settlement guidance for matters discussed in open session today and referred for discipline and discussion in executive session, specifically agenda item numbers 1. P.D., PTL - Case #2015-2203 2. S.P., PTL - Case #2016-4702 3. J.M., PTL - Case #2016-5030 4. J.L., PTL - Case #2015-4835 5. A.N., PTL - Case #2016-1209

X.

ADJOURNMENT- EXECUTIVE SESSION Executive Session for the State Physical Therapy Board adjourned at 1:46 p.m. for a break, re-entered into Executive Session at 1:51 p.m., and the Board entered into Open Session at 2:34 p.m.

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XI.

ADJOURNMENT - OPEN SESSION The final meeting adjourned at 2:48p.m.

Attestation: Pursuant to section 24-6-402(2)(d.5)(I)(B), C.R.S., as Board President, I attest that the Executive Session of the State Physical Therapy Board meeting held on November 18, 2016 was confined to the topics authorized for discussion pursuant to section 24-6-402(3)(a)(II), C.R.S.

Ann Dinsmore

1/13/2017 .

Ann Dinsmore, PT, President

Date