Rule 285
COLORADO STATE BOARD OF MEDICAL EXAMINERS RULES AND REGULATIONS REGARDING SUSPENSIONS FOR FAILURE TO COMPLY WITH ANY CONDITIONS IMPOSED ON A LICENSE PURSUANT TO A DISCIPLINARY FINAL AGENCY ORDER OR A DISCIPLINARY STIPULATION AND FINAL AGENCY ORDER.
Introduction
Basis: The authority for the promulgation of these rules and regulations by the Colorado State Board of Medical Examiners is set forth in § 12-36-104(1)(a), C.R.S. 
Purpose: The purpose of these rules and regulations is to set forth the procedures surrounding a suspension pursuant to § 12-36-118(5)(g)(IV), C.R.S.
Rules and Regulations
Applicability:
Any final Board order issued by the Board, a Hearings Panel, a Licensing Subcommittee or an Inquiry Panel of the Board that is, by agreement of the parties or operation of statute, imposed pursuant to § 12-36-118(5)(g)(III), C.R.S. is, by definition, subject to the terms of § 12-36-118(5)(g)(IV), C.R.S.  
That is to say, any order imposed by a hearings panel in a disciplinary action pursuant to § 12-36-118, C.R.S. or any Stipulation and Final Agency Order signed by the parties in lieu of such disciplinary action is subject to the terms of § 12-36-118(5)(g)(IV), C.R.S.  Further, any Stipulation and Final Agency Order or Licensing Agreement and Final Agency Order signed by the parties in lieu of a licensure denial hearing and in which the parties explicitly reference the applicability of § 12-36-118(5)(g)(III) or 12-36-118(5)(g)(IV), C.R.S. is subject to the terms of § 12-36-118(5)(g)(IV), C.R.S.
Procedure:
Pursuant to § 12-36-118(5)(g)(IV), C.R.S., in the event that a licensee fails to comply with any conditions imposed pursuant to § 12-36-118(5)(g)(III), C.R.S., the hearings panel of the Board may order suspension of the licensee’s license to practice medicine or to practice as a physician’s assistant.  Such suspension shall continue until such time as the licensee complies with the conditions imposed, or establishes that the licensee actually complied with the conditions or that the failure to comply was due to conditions beyond the licensee’s control.  As used in § 12-36-118(5)(g)(IV), C.R.S. the “hearings panel” shall be the Panel or licensing committee that imposed the final action of the board.
When the Board, the Program Director or the Program Director’s designee determines that a licensee has failed to comply with any conditions imposed pursuant to § 12-36-118(5)(g)(III), C.R.S., the Board shall serve upon the licensee an Order of Suspension Pursuant to § 12-36-118(5)(g)(IV), C.R.S. (“Order”) to the licensee by mailing such Order in the United States mail, first class, postage prepaid, to the licensee’s address of record with the Board.  The Order shall set forth the general nature of the basis of the Board’s determination that the licensee failed to comply with conditions imposed pursuant to § 12-36-118(5)(g)(III), C.R.S.  
The procedures described in Board Rule 280, 3 CCR 713-18, (regarding presuspension hearings and postsuspension hearings) do not apply to suspensions imposed pursuant to § 12-36-118(5)(g)(IV), C.R.S.  
Within sixty (60) days of the date on which the Order was mailed to the licensee’s address of record with the Board, the licensee may request a hearing to establish:
(a)	That the licensee has not failed to comply with the conditions at issue, or
(b)	That the licensee’s non-compliance was due to conditions beyond the licensee’s control.
The licensee’s license shall remain suspended during the pendency of any such hearing, except that if the licensee complies with the conditions imposed, the suspension shall be lifted.   Any administrative hearing requested shall conform with § 24-4-105, C.R.S. and shall occur in the Office of Administrative Courts.  Any exceptions filed pursuant to § 24-4-105(14) and (15), C.R.S. would be reviewed by a hearings panel of the Board. 
Adopted 11/15/07. Effectove 12/31/07