| 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 |