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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2014-00303


CCR details

Tracking Number 2014-00303
Type of Filing Permanent Rule
Department 700 Department of Regulatory Agencies
Agency 713 Division of Professions and Occupations - Colorado Medical Board
CCR Number 3 CCR 713-38
CCR Title RULE 295 - REGARDING CONFIDENTIAL AGREEMENTS

Proposed rule

Notice Filed with SOS 04/15/2014
Rule ProposedRuleAttach2014-00303.DOC
Additional Information AddInfoAttach2014-00303.PDF
Statutory Authority 12-36-104(1)(a) and 24-4-103, C.R.S.
Description of Subjects/Issues To amend existing rule 295
Purpose/Objective of Rule To establish and clarify the notification requirements for a physical or mental illness or condition that impacts a physician’s, physician assistant’s, or anesthesiologist assistant’s ability to perform a medical service with reasonable skill and safety to patients. Consistent with Section 12-36-118.5, C.R.S., a physician, physician assistant, or anesthesiologist assistant (”licensee”) who appropriately addresses their qualifying physical or mental illness or condition will not be subject to discipline for unprofessional conduct due to such illness or condition. Prior to the 2009 Sunset Review, the Medical Practice Act defined unprofessional conduct to include having a physical or mental disability that rendered the licensee unable to perform medical services with reasonable skill and with safety to the patient. Licensees who suffered a physical or mental disability, were subject to disciplinary action by virtue of suffering such disability Through the 2009 Sunset Review, the General Assembly amended the Medical Practice Act to redefine unprofessional conduct as it relates to licensees suffering a physical or mental illness or condition. Pursuant to Section 12-36-118.5, C.R.S., licensees may now be able to address a physical or mental illness or condition without the stigma of a disciplinary action while enabling the Board to ensure public protection though confidential monitoring of the illness or condition as necessary.
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? No
Hearing Date 05/22/2014
Hearing Time 10:30 AM
Hearing Location 1560 Broadway, Room 1250C, Denver, CO 80202
Contact Name Karen McGovern
Contact Title Program Director
Contact Telephone 303-894-7704
Contact email karen.mcgovern@state.co.us

Adopted rule

Adopted Rules AdoptedRules02014-00303.PDF AdoptedRules12014-00303.DOC
Adopted Date 05/23/2014
AGO requested date 06/12/2014
Attorney General Opinion 06/12/2014
Colorado Register publication date 06/25/2014
Effective Date 07/15/2014
Inserted into CCR 07/09/2014