C.R.S. § 12-310-101 Applicability of common provisions
12-310-101. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 310.
Surgical Assistants and Surgical Technologists
C.R.S. tit. 12, art. 310
in effectC.R.S. § 12-310-102 Definitions
12-310-102. Definitions. As used in this article 310, unless the context otherwise requires:
(1) "Database" means the database required by section 12-310-103.
(2) "Employer" means a health-care institution as defined in section 13-64-202, a health-care professional as defined in section 13-64-202, or an entity who either employs a registrant or who provides a registrant to a health-care institution or health-care professional on a contractual basis.
(3) "Register" has the meaning established in section 12-20-102 (11); except that to be registered does not mean that the registrant:
(a) Has any particular qualifications or professional competency; or
(b) Must be certified as a surgical assistant or surgical technologist.
(4) "Surgical assistant" means a person who performs certain duties, including:
(a) Positioning the patient;
(b) Providing visualization of the operative site;
(c) Utilizing appropriate techniques to assist with hemostasis;
(d) Participating in volume replacement or autotransfusion techniques as appropriate;
(e) Utilizing appropriate techniques to assist with closure of body planes;
(f) Selecting and applying appropriate wound dressings;
(g) Providing assistance in securing drainage systems to tissue; and
(h) The duties specified in subsection (5) of this section.
(5) "Surgical technologist" means a person who performs certain duties, including:
(a) Preparation of the operating or procedure room and the sterile field for surgical procedures by sterilizing supplies, instruments, and equipment;
(b) Preparation of the operating or procedure room for surgical procedures by ensuring that surgical equipment is functioning properly and safely; and
(c) Passing instruments, equipment, or supplies to a surgeon; sponging or suctioning an operative site; preparing and cutting suture material; holding retractors; transferring but not administering fluids or drugs; assisting in counting sponges, needles, supplies, and instruments; and performing other similar duties as directed during a surgical procedure.
C.R.S. § 12-310-103 Registration - penalty - renewal - database - fees - rules
12-310-103. Registration - penalty - renewal - database - fees - rules. (1) On and after April 1, 2011:
(a) A person may not perform the duties of a surgical assistant or surgical technologist unless the person is registered by the director. Prior to registration, a person shall submit to a criminal history record check in the form and manner as described in section 12-310-107.
(b) A person who performs the duties of a surgical assistant or surgical technologist without being registered under this article 310 is subject to penalties pursuant to section 12-20-407 (1)(b).
(2) Registrations made pursuant to this article 310 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). The director shall not reinstate the registration until the person submits to a criminal history record check in the form and manner as described in section 12-310-107.
(3) (a) The director shall maintain a database of all registrants. The director shall charge a fee in the same manner as authorized in section 12-20-105 for registration in the database.
(b) Each registrant shall provide for registration in the database: The registrant's name; current address; educational and training qualifications; all current employers; employers within the previous five years; the jurisdictions other than Colorado in which the registrant is or has been licensed, certified, or registered, if applicable; whether the registrant is currently certified by a nationally accredited certifying organization and, if so, which one; and any civil, criminal, or administrative action relating to performing the duties of a surgical assistant or surgical technologist of which the registrant was the subject in this or any other jurisdiction. Registrants shall update their information in the database within thirty days after any change and give the director written notice of any civil, criminal, or administrative actions. When recording the information required by this section, each registrant shall indicate whether the registrant has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor relating to drugs or alcohol or to any felony.
(c) Information in the database shall be open to the public.
(4) The director shall promulgate rules pursuant to section 12-20-204.
C.R.S. § 12-310-104 Scope of article - exclusion
12-310-104. Scope of article - exclusion. (1) This article 310 does not prevent or restrict the practice, services, or activities of:
(a) A person licensed, otherwise regulated, or specifically exempted in this state by any other law from engaging in the person's profession or occupation as defined in the part or article under which the person is licensed or otherwise regulated or require a person who is licensed, otherwise regulated, or specifically exempted pursuant to articles 200 to 315 of this title 12 to register pursuant to this article 310; or
(b) A person pursuing a course of study in an accredited educational surgical assistant or surgical technologist program if that person is designated by a title that clearly indicates the person's status as a student and if the person acts under appropriate instruction and supervision.
C.R.S. § 12-310-105 Employers - requirements - references - legislative declaration - definition
12-310-105. Employers - requirements - references - legislative declaration - definition. (1) On and after April 1, 2011, an employer of a registrant shall:
(a) Check the database to verify that the person is registered in the database before the person may perform the duties specified in section 12-310-102 (4) or (5); and
(b) Give the director written notice within two weeks after a disciplinary action or investigation that is based on conduct that constitutes a violation of this article 310. For purposes of this subsection (1)(b), "disciplinary action" includes termination or resignation of the registrant while under investigation or in lieu of investigation or disciplinary action. The director shall establish a notification form on the department's website.
(2) (a) The general assembly hereby finds, determines, and declares that sections 8-2-110 and 8-2-111, which prohibit the maintenance or use of blacklists, were enacted to protect employees from retribution and harassment in the pursuit of their lawful activities. The general assembly further finds, determines, and declares that these prohibitions against blacklisting have in some instances been abused and have been used as a shield by persons responsible for drug violations or patient endangerment.
(b) In response to a request by an employer, it shall not be unlawful nor a violation of the prohibitions against blacklisting specified in section 8-2-110 or 8-2-111 for an employer, when acting in good faith, to disclose information known about any involvement in drug diversion, drug tampering, patient abuse, violation of drug or alcohol policies, or crimes of violence, as listed in section 18-1.3-406 (2)(a), committed by a registrant who is an employee or former employee of the responding employer.
(c) The provision of employment information pursuant to subsection (2)(b) of this section does not constitute a violation of the prohibition against blacklisting as provided in sections 8-2-110 and 8-2-111, nor does it constitute an unfair labor practice in violation of any provision of article 3 of title 8.
(d) (I) An employer who provides information pursuant to this subsection (2) to a prospective employer of the registrant upon request of the prospective employer or the registrant is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure; except that this immunity does not apply when the registrant shows by a preponderance of the evidence both of the following:
(A) The information disclosed by the current or former employer was false; and
(B) The employer providing the information knew or reasonably should have known that the information was false.
(II) This subsection (2) applies to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with this subsection (2).
(e) An employer or any officer, director, or employee thereof who discloses information under this subsection (2) shall be presumed to be acting in good faith unless it is shown by a preponderance of the evidence that the employer, officer, director, or employee intentionally or recklessly disclosed false information about the employee or former employee.
(f) Nothing in this subsection (2) shall be construed to abrogate or contradict the provisions of part 1 of article 2 of title 8.
(3) An employer who requires a registrant applying for employment to submit to a drug test shall forward to the director any confirmed positive drug test results for a controlled substance that is not subject to a valid prescription.
C.R.S. § 12-310-106 Grounds for discipline - disciplinary proceedings - judicial review
12-310-106. Grounds for discipline - disciplinary proceedings - judicial review. (1) The director may take disciplinary action against a registrant if the director finds that the registrant has represented himself or herself as a registered surgical assistant or technologist after the expiration, suspension, or revocation of his or her registration.
(2) The director may take disciplinary or other action as authorized in section 12-20-404 against, or issue a cease-and-desist order in accordance with section 12-20-405 to, a registrant in accordance with this section and section 12-20-403, upon proof that the registrant:
(a) Has performed the duties of a surgical assistant or surgical technologist without being registered;
(b) Has falsified information in an application or the database or has attempted to obtain or has obtained a registration by fraud, deception, or misrepresentation;
(c) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5);
(d) Has failed to:
(I) Notify the director, as required by section 12-30-108 (1), of a physical condition or disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services;
(II) Act within the limitations created by a physical condition or disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services; or
(III) Comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-310-108.5;
(e) Has violated or aided or abetted or knowingly permitted any person to violate this article 310, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 310, or any lawful order of the director;
(f) Had a registration, license, or certification suspended, revoked, or denied by another jurisdiction for actions that are a violation of this article 310;
(g) Has been convicted of or pled guilty or nolo contendere to a misdemeanor related to drugs or alcohol or a felony. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.
(h) Has fraudulently obtained, furnished, or sold any surgical assistant or surgical technologist diploma, certificate, registration, renewal of registration, or record or aided or abetted the act;
(i) Has failed to notify the director within thirty days of the suspension, revocation, or denial of or of any other disciplinary action regarding the person's past or currently held license, certificate, or registration required to perform the duties of a surgical assistant or surgical technologist in this or any other jurisdiction;
(j) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-310-108;
(k) Has failed to respond to a complaint against the registrant in a materially responsive and timely manner within thirty days after receiving the complaint;
(l) Has practiced outside the scope of the practice of a surgical assistant or surgical technologist;
(m) Has failed to satisfy generally accepted standards of practice as a surgical assistant or surgical technologist; or
tion 12-310-108;
(k) Has failed to respond to a complaint against the registrant in a materially responsive and timely manner within thirty days after receiving the complaint;
(l) Has practiced outside the scope of the practice of a surgical assistant or surgical technologist;
(m) Has failed to satisfy generally accepted standards of practice as a surgical assistant or surgical technologist; or
(n) Has otherwise violated any provision of this article 310, an applicable provision of article 20 or 30 of this title 12, or any lawful order or rule of the director.
(3) (a) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.
(b) Upon the failure of a registrant to comply with any conditions imposed by the director pursuant to subsection (2) of this section, unless compliance is beyond the control of the registrant, the director may suspend the registration of the registrant until the registrant complies with the conditions of the director.
(4) (a) The director may commence a proceeding to discipline a registrant when the director has reasonable grounds to believe that the registrant has committed an act enumerated in this section or has violated a lawful order or rule of the director.
(b) In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 310.
(5) Disciplinary proceedings shall be conducted in accordance with section 12-20-403 and article 4 of title 24. The director has the authority to exercise all powers and duties conferred by this article 310 during the disciplinary proceedings.
(6) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 310.
(7) In accordance with article 4 of title 24, this article 310, and section 12-20-403, the director is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.
(8) In addition to the persons specified in section 12-20-402, an employer who notifies the director pursuant to section 12-310-105 (1)(b) is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.
(9) A final action of the director is subject to judicial review pursuant to section 12-20-408.
(10) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
(11) The director shall notify the chief medical officer of the department of public health and environment within thirty days after taking action regarding conduct of a registrant that violates either this article 310 or any applicable requirement of title 25 and post a notice of the action on the division's website.
(12) The director may issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4).
(13) The director may issue a confidential letter of concern under the circumstances specified in section 12-20-404 (5).
C.R.S. § 12-310-107 Record check required
12-310-107. Record check required. (1) Each applicant for registration must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.
(2) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The applicant shall pay the actual costs of the name-based judicial record check.
C.R.S. § 12-310-108 Mental and physical examination
12-310-108. Mental and physical examination. (1) If the director has reasonable cause to believe that a registrant is unable to perform the duties of a surgical assistant or surgical technologist, as appropriate, with reasonable skill and safety, the director may order the registrant to undergo a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Unless due to circumstances beyond the registrant's control, if the registrant refuses to undergo a mental or physical examination, the director may suspend the registrant's registration until the results of the examination are known and the director has made a determination of the registrant's fitness to perform the duties of a surgical assistant or surgical technologist. The director shall proceed with an order for examination and shall make his or her determination in a timely manner.
(2) An order requiring a registrant to undergo a mental or physical examination shall contain the basis of the director's reasonable cause to believe that the registrant is unable to work with reasonable skill and safety. For purposes of a disciplinary proceeding authorized under this article 310, the registrant shall be deemed to have waived all objections to the admissibility of the examining physician's or other licensed health-care professional's testimony or examination reports on the ground that they are privileged communications.
(3) The registrant may submit to the director testimony or examination reports from a physician or other licensed health-care professional chosen by the registrant and pertaining to any condition that the director has alleged may preclude the registrant from working with reasonable skill and safety. The testimony and reports submitted by the registrant may be considered by the director in conjunction with, but not in lieu of, testimony and examination reports from the physician or other licensed health-care professional designated by the director.
(4) The results of a mental or physical examination ordered by the director shall not be used as evidence in any proceeding other than one before the director and shall not be deemed a public record or made available to the public.
C.R.S. § 12-310-108.5 Confidential agreement to limit practice
12-310-108.5. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 310.
(2) This section and section 12-30-108 do not apply to a registrant subject to discipline under section 12-310-106 (2)(c).
C.R.S. § 12-310-109 Repeal of article - subject to review
12-310-109. Repeal of article - subject to review. This article 310 is repealed, effective September 1, 2028. Before the repeal, the registration of surgical assistants and surgical technologists is scheduled for review in accordance with section 24-34-104.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026