House Bill 25-1016

BY REPRESENTATIVE(S) Stewart K., Bacon, Bird, Brown, Camacho, Duran, Espenoza, Froelich, Garcia, Gilchrist, Lindsay, Lindstedt, Lukens, Mabrey, McCormick, Rutinel, Stewart R., Valdez, Velasco, Weinberg, Willford, Boesenecker, English, Hamrick, Jackson, Titone, McCluskie;

also SENATOR(S) Michaelson Jenet and Rich, Amabile, Ball, Cutter, Jodeh, Kipp, Roberts, Rodriguez, Winter F., Coleman.

Concerning authorizing an occupational therapist to prescribe durable medical equipment.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  In Colorado Revised Statutes, 12-270-104, amend (10) introductory portion; and add (10)(d) as follows:

12-270-104.  Definitions - rules. As used in this article 270, unless the context otherwise requires:

(10)  "Occupational therapy" means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy is provided for habilitation, rehabilitation, and the promotion of health and wellness to personsindividuals who have, or are at risk for developing, an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy uses everyday life activities to promote mental health and support functioning in peopleindividuals who have, or who are at risk of experiencing, a range of mental health disorders, including psychiatric, behavioral, emotional, and substance use disorders. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical health, mental health, well-being, and quality of life. The practice of occupational therapy includes:

(d)  The authority to directly recommend and prescribe durable medical equipment to a patient without requesting the prescription from a licensed physician. A prescribing occupational therapist shall consult with the patient concerning payment options for durable medical equipment.

SECTION 2.  Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.