C.R.S. § 12-240-101 Short title
12-240-101. Short title. The short title of this article 240 is the "Colorado Medical Practice Act".
Medical Practice
C.R.S. tit. 12, art. 240
in effectC.R.S. § 12-240-102 Legislative declaration
12-240-102. Legislative declaration. The general assembly declares it to be in the interests of public health, safety, and welfare to enact laws regulating and controlling the practice of the healing arts to the end that the people shall be properly protected against unauthorized, unqualified, and improper practice of the healing arts in this state, and this article 240 shall be construed in conformity with this declaration of purpose.
C.R.S. § 12-240-103 Applicability of common provisions
12-240-103. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 240.
C.R.S. § 12-240-104 Definitions
12-240-104. Definitions. As used in this article 240, unless the context otherwise requires:
(1) (a) "Approved fellowship" means a program that meets the following criteria:
(I) Is specialized, clearly defined, and delineated;
(II) Follows the completion of an approved residency;
(III) Provides additional training in a medical specialty or subspecialty; and
(IV) Is either:
(A) Performed in a hospital conforming to the minimum standards for fellowship training established by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association, or by a successor of either organization; or
(B) Any other program that is approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or a successor of either organization.
(b) "Approved fellowship" includes any other fellowship that the board, upon its own investigation, approves for purposes of issuing a physician training license pursuant to section 12-240-128.
(2) (a) "Approved internship" means an internship:
(I) Of at least one year in a hospital conforming to the minimum standards for intern training established by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or a successor of either organization; or
(II) Approved by either of the organizations specified in subsection (2)(a)(I) of this section.
(b) "Approved internship" includes any other internship approved by the board upon its own investigation.
(3) (a) "Approved medical college" means a college that:
(I) Conforms to the minimum educational standards for medical colleges as established by the Liaison Committee on Medical Education or any successor organization that is the official accrediting body of educational programs leading to the degree of doctor of medicine and recognized for such purpose by the United States department of education and the Council for Higher Education Accreditation;
(II) Conforms to the minimum education standards for osteopathic colleges as established by the American Osteopathic Association or any successor organization that is the official accrediting body of education programs leading to the degree of doctor of osteopathy; or
(III) Is approved by either of the organizations specified in subsections (3)(a)(I) and (3)(a)(II) of this section.
(b) "Approved medical college" includes any other medical college approved by the board upon its own investigation of the educational standards and facilities of the medical college.
(4) (a) "Approved residency" means a residency:
(I) Performed in a hospital conforming to the minimum standards for residency training established by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or any successor of either organization; or
(II) Approved by either of the organizations specified in subsection (4)(a)(I) of this section.
(b) "Approved residency" means any other residency approved by the board upon its own investigation.
(5) "Board" means the Colorado medical board created in section 12-240-105 (1).
(5.5) (a) "Conversion therapy" means any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.
2-240-105 (1).
(5.5) (a) "Conversion therapy" means any practice or treatment by a licensed physician specializing in the practice of psychiatry that attempts or purports to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attraction or feelings toward individuals of the same sex.
(b) "Conversion therapy" does not include practices or treatments that provide:
(I) Acceptance, support, and understanding for the facilitation of an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling does not seek to change sexual orientation or gender identity; or
(II) Assistance to a person undergoing gender transition.
(5.6) "Distant site" has the meaning set forth in section 10-16-123 (4)(a).
(5.7) "International medical graduate" means a physician who received a basic medical degree or qualifications from a medical school outside of the United States or Canada.
(5.8) "Originating site" has the meaning set forth in section 10-16-123 (4)(b).
(5.9) "Store-and-forward transfer" has the meaning set forth in section 10-16-123 (4)(c).
(6) "Telemedicine" means the delivery of medical services through technologies that are used in a manner that is compliant with the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, including information, electronic, and communication technologies, remote monitoring technologies, and store-and-forward transfers, to facilitate the assessment, diagnosis, consultation, or treatment of a patient while the patient is located at an originating site and the person who provides the services is located at a distant site.
C.R.S. § 12-240-105 Colorado medical board - immunity - subject to review - repeal of article
12-240-105. Colorado medical board - immunity - subject to review - repeal of article. (1) (a) There is created the Colorado medical board, referred to in this article 240 as the "board". The board is a type 1 entity, as defined in section 24-1-105. The board consists of seventeen members appointed by the governor and possessing the qualifications specified in this article 240 and as follows:
(I) Eleven physician members, including eight members having the degree of doctor of medicine and three members having the degree of doctor of osteopathy;
(II) Two members licensed under this article 240 as physician assistants; and
(III) Four members from the public at large who have no financial or professional association with the medical profession.
(b) The terms of the members of the board are four years; except that the terms of appointed members shall be staggered so that no more than nine members' terms expire in the same year.
(2) The members appointed pursuant to subsections (1)(a)(I) and (1)(a)(II) of this section must be licensed in good standing and have been actively engaged in the practice of their professions in this state for at least three years preceding their appointments.
(3) If a vacancy in the membership of the board occurs for any cause other than expiration of a term, the governor shall appoint a successor to fill the unexpired portion of the term of the member whose office has been vacated and shall appoint the new member in the same manner as members for a full term. Members of the board shall remain in office until their successors have been appointed. A member of the board may be removed by the governor for continued neglect of duty, incompetence, or unprofessional or dishonorable conduct.
(4) The board shall elect biennially from its members a president and a vice-president. Meetings of the board or any panel established pursuant to this article 240 shall be held as scheduled by the board in the state of Colorado. Except as provided in section 12-240-125 (6), a majority of the board shall constitute a quorum for the transaction of all business. All meetings of the board shall be deemed to have been duly called and regularly held, and all decisions, resolutions, and proceedings of the board shall be deemed to have been duly authorized, unless the contrary be proved.
(5) This article 240 is repealed, effective September 1, 2026. Before the repeal, this article 240, including an analysis of physician responsibilities related to recommendations for medical marijuana and the provisions of section 25-1.5-106, are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-240-106 Powers and duties of board - limitation on authority - rules
12-240-106. Powers and duties of board - limitation on authority - rules. (1) In addition to all other powers and duties conferred and imposed upon the board by this article 240, the board has the following powers and duties to:
(a) Promulgate rules pursuant to section 12-20-204 that are fair, impartial, and nondiscriminatory;
(b) Make investigations, hold hearings, and take evidence in accordance with section 12-20-403 in all matters relating to the exercise and performance of the powers and duties vested in the board;
(c) Aid law enforcement in the enforcement of this article 240 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions; and
(d) Adopt rules as necessary in accordance with section 12-240-130.5 to implement the requirement for continuing medical education for physicians.
(2) To facilitate the licensure of qualified applicants and address the unlicensed practice of medicine, the unlicensed practice as a physician assistant, and the unlicensed practice as an anesthesiologist assistant, the president of the board shall establish a licensing panel in accordance with section 12-240-116 to perform licensing functions in accordance with this article 240 and review and resolve matters relating to the unlicensed practice of medicine, unlicensed practice as a physician assistant, and unlicensed practice as an anesthesiologist assistant. Two panel members constitute a quorum of the panel. Any action taken by a quorum of the panel constitutes action by the board.
(3) To facilitate the licensure of a physician under the "Interstate Medical Licensure Compact Act", part 36 of article 60 of title 24, the board shall obtain a set of fingerprints from an applicant for licensure under the compact and shall forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation. The board is the authorized agency to receive information regarding the result of a national criminal history record check. The applicant whose fingerprints are checked shall pay the actual costs of the state and national fingerprint-based criminal history record check.
(4) The authority granted the board under the provisions of this article 240 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.
C.R.S. § 12-240-107 Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules
12-240-107. Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules. (1) As used in this article 240, "practice of medicine" means:
(a) Holding out one's self to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease; ailment; pain; injury; deformity; physical condition; or behavioral, mental health, or substance use disorder, whether by the use of drugs, surgery, manipulation, electricity, telemedicine, the interpretation of tests, including primary diagnosis of pathology specimens, images, or photographs, or any physical, mechanical, or other means whatsoever;
(b) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of a person's physical disease; ailment; injury; condition; or behavioral, mental health, or substance use disorder;
(c) The maintenance of an office or other place for the purpose of examining or treating persons afflicted with disease; injury; or a behavioral, mental health, or substance use disorder;
(d) Using the title "M.D.", "D.O.", "physician", "surgeon", or any word or abbreviation to indicate or induce others to believe that one is licensed to practice medicine in this state and engaged in the diagnosis or treatment of persons afflicted with disease; injury; or a behavioral, mental health, or substance use disorder, except as otherwise expressly permitted by the laws of this state enacted relating to the practice of any limited field of the healing arts;
(e) Performing any kind of surgical operation upon a human being;
(f) The practice of midwifery, except:
(I) Services rendered by certified nurse-midwives or certified midwives properly licensed and practicing in accordance with part 1 of article 255 of this title 12;
(II) Repealed.
(g) The delivery of telemedicine. Nothing in this subsection (1)(g) authorizes physicians to deliver services outside their scope of practice or limits the delivery of health services by other licensed professionals, within the professional's scope of practice, using advanced technology, including, but not limited to, telehealth, as defined in section 10-16-123 (4)(e).
(2) If a person who does not possess and has not filed a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state, as provided in this article 240, and who is not exempted from the licensing requirements under this article 240, performs any of the acts that constitute the practice of medicine as defined in this section, the person shall be deemed to be practicing medicine, practicing as a physician assistant, or practicing as an anesthesiologist assistant in violation of this article 240.
(3) A person may engage in, and shall not be required to obtain a license or a physician training license under this article 240 with respect to, any of the following acts:
(a) The gratuitous rendering of services in cases of emergency;
(b) The occasional rendering of services in this state by a physician if the physician:
(I) Is licensed and lawfully practicing medicine in another state or territory of the United States without restrictions or conditions on the physician's license;
(II) Does not have any established or regularly used medical staff membership or clinical privileges in this state;
(III) Is not party to any contract, agreement, or understanding to provide services in this state on a regular or routine basis;
(IV) Does not maintain an office or other place for the rendering of such services;
(V) Has medical liability insurance coverage in the amounts required pursuant to section 13-64-302 for the services rendered in this state; and
(VI) Limits the services provided in this state to an occasional case or consultation;
or understanding to provide services in this state on a regular or routine basis;
(IV) Does not maintain an office or other place for the rendering of such services;
(V) Has medical liability insurance coverage in the amounts required pursuant to section 13-64-302 for the services rendered in this state; and
(VI) Limits the services provided in this state to an occasional case or consultation;
(c) The practice of dentistry under the conditions and limitations defined by the laws of this state;
(d) The practice of podiatry under the conditions and limitations defined by the laws of this state;
(e) The practice of optometry under the conditions and limitations defined by the laws of this state;
(f) The practice of chiropractic under the conditions and limitations defined by the laws of this state;
(g) The practice of religious worship;
(h) The practice of Christian Science, with or without compensation;
(i) The performance by commissioned medical officers of the armed forces of the United States of America or of the United States public health service or of the United States veterans administration of their lawful duties in this state as officers;
(j) The rendering of nursing or midwifery services and delegated medical functions by registered or other nurses or certified midwives in the lawful discharge of their duties;
(k) The rendering of services by students currently enrolled in an approved medical college;
(l) The rendering of services, other than the prescribing of drugs, by persons qualified by experience, education, or training, under the personal and responsible direction and supervision of a person licensed under the laws of this state to practice medicine, but nothing in this exemption shall be deemed to extend or limit the scope of any license, and this exemption shall not apply to persons otherwise qualified to practice medicine but not licensed to practice in this state;
(m) The practice by persons licensed or registered under any law of this state to practice a limited field of the healing arts not specifically designated in this section, under the conditions and limitations defined by the law;
(n) The administration and monitoring of medications in facilities as provided in part 3 of article 1.5 of title 25;
(o) The rendering of acupuncture services subject to the conditions and limitations provided in article 200 of this title 12;
(p) The administration of nutrition or fluids through gastrostomy tubes as provided in sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i), as a part of residential or day program services provided through service agencies approved by the department of health care policy and financing pursuant to section 25.5-10-208;
(q) (I) The administration of topical and aerosol medications within the scope of physical therapy practice as provided in section 12-285-116 (2);
(II) The performance of wound debridement under a physician's order within the scope of physical therapy practice as provided in section 12-285-116 (3) or the performance of noninvasive wound debridement within the scope of practice as a physical therapist assistant as provided in section 12-285-210 (1)(f);
(r) The rendering of services by an athletic trainer subject to the conditions and limitations provided in article 205 of this title 12;
r a physician's order within the scope of physical therapy practice as provided in section 12-285-116 (3) or the performance of noninvasive wound debridement within the scope of practice as a physical therapist assistant as provided in section 12-285-210 (1)(f);
(r) The rendering of services by an athletic trainer subject to the conditions and limitations provided in article 205 of this title 12;
(s) (I) The rendering of prescriptions by an advanced practice registered nurse or certified midwife pursuant to section 12-255-112.
(II) On or after July 1, 2010, a physician who serves as a preceptor or mentor to an advanced practice registered nurse or certified midwife pursuant to sections 12-240-108 and 12-255-112 (4) shall have a license in good standing without disciplinary sanctions to practice medicine in Colorado and an unrestricted registration by the federal drug enforcement administration for the same schedules as the collaborating advanced practice registered nurse or certified midwife.
(III) It is unlawful and a violation of this article 240 for any person, corporation, or other entity to require payment or employment as a condition of entering into a mentorship relationship with an advanced practice registered nurse or a certified midwife pursuant to sections 12-240-108 and 12-255-112 (4), but the mentor may request reimbursement of reasonable expenses and time spent as a result of the mentorship relationship.
(t) (I) The provision, to a treating physician licensed in this state, of the results of laboratory tests, excluding histopathology tests and cytology tests, performed in a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended, 42 U.S.C. sec. 263a, to perform high complexity testing, as the term is used in 42 CFR 493.1701 and any related or successor provision;
(II) The provision, to a pathologist licensed in this state, of the results of histopathology tests and cytology tests performed in a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended, 42 U.S.C. sec. 263a, to perform high complexity testing, as the term is used in 42 CFR 493.1701 and any related or successor provision;
(u) The rendering of services by any person serving an approved internship, residency, or fellowship as defined by this article 240 for an aggregate period not to exceed sixty days;
(v) A physician lawfully practicing medicine in another state or territory providing medical services to athletes or team personnel registered to train at the United States Olympic training center at Colorado Springs or providing medical services at an event in this state sanctioned by the United States Olympic Committee. The physician's medical practice shall be contingent upon the requirements and approvals of the United States Olympic Committee and shall not exceed ninety days per calendar year.
(w) The rendering of services by an emergency medical service provider certified or licensed under section 25-3.5-203 if the services rendered are consistent with rules adopted under section 25-3.5-206 defining the duties and functions of emergency medical service providers;
(x) Rendering complementary and alternative health-care services consistent with section 6-1-724;
days per calendar year.
(w) The rendering of services by an emergency medical service provider certified or licensed under section 25-3.5-203 if the services rendered are consistent with rules adopted under section 25-3.5-206 defining the duties and functions of emergency medical service providers;
(x) Rendering complementary and alternative health-care services consistent with section 6-1-724;
(y) Practicing as a medical director pursuant to the "Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act", part 35 of article 60 of title 24, so long as the person is licensed in good standing in a state that has enacted and is a member of the compact.
(4) Nothing in this section shall be construed to prohibit patient consultation between a practicing physician licensed in Colorado and a practicing physician licensed in another state or jurisdiction.
(5) All licensees designated or referred to in subsection (3) of this section, who are licensed to practice a limited field of the healing arts, shall confine themselves strictly to the field for which they are licensed and to the scope of their respective licenses and shall not use any title, word, or abbreviation mentioned in subsection (1)(d) of this section, except to the extent and under the conditions expressly permitted by the law under which they are licensed.
(6) (a) A physician assistant may not provide care unless the physician assistant has entered into a collaborative agreement with a physician licensed in good standing pursuant to this article 240 or article 290 of this title 12 or a physician group.
(b) With a collaborative agreement in place, a physician assistant licensed by the board pursuant to section 12-240-113 may perform acts within the physician assistant's education, experience, and competency that constitute the practice of medicine and acts that physicians are authorized by law to perform to the extent and in the manner authorized by rules promulgated by the board, including prescribing and dispensing medication, including controlled substances.
(c) The collaborative agreement must be kept on file at the physician assistant's primary location of practice and be made available to the board upon request.
(d) An act by a physician assistant that constitutes the practice of medicine must be consistent with generally accepted standards of medical practice. A physician assistant shall collaborate with the appropriate health-care provider as indicated by the condition of the patient, the standard of care, and the physician assistant's education, experience, and competence.
(e) An employer shall not require a licensed physician to enter into a collaborative agreement as a condition of the physician's employment.
(f) All prescriptions issued by a physician assistant must include the physician assistant's name, the name and address of the health facility, and, if the health facility is a multispecialty organization, the name and address of the speciality clinic within the health facility where the physician assistant is practicing. The dispensing of prescription medication by a physician assistant is subject to section 12-280-120 (6)(a).
(g) While performing acts included in the practice of medicine, as defined in subsection (1) of this section, a physician assistant shall clearly identify oneself, both visually and verbally, as a physician assistant. An employer, physician, or physician group must identify to patients that a physician assistant providing care is a physician assistant.
(h) Pursuant to section 12-240-135 (7), the board may apply for an injunction to enjoin any person from performing medical acts that are in violation of this section or of any rules promulgated by the board.
(i) This subsection (6) does not apply to any person who performs medical tasks within the scope of the exemption specified in subsection (3)(l) of this section.
re is a physician assistant.
(h) Pursuant to section 12-240-135 (7), the board may apply for an injunction to enjoin any person from performing medical acts that are in violation of this section or of any rules promulgated by the board.
(i) This subsection (6) does not apply to any person who performs medical tasks within the scope of the exemption specified in subsection (3)(l) of this section.
(j) A physician assistant is liable for the care provided by the physician assistant.
(k) A physician assistant shall comply with the financial responsibility requirements specified in section 13-64-301 (1) and rules adopted by the board pursuant to that section.
(l) Pursuant to section 12-240-138 (1)(d)(I), a physician assistant is not authorized to own a majority of a medical practice.
(7) (a) A physician licensed in this state that practices as an anesthesiologist may delegate tasks constituting the practice of medicine to an anesthesiologist assistant licensed pursuant to section 12-240-112 who has been educated and trained in accordance with rules promulgated by the board. The delegated medical tasks referred to in this subsection (7)(a) are limited to the medical functions that constitute the delivery or provision of anesthesia services as practiced by the supervising physician.
(b) An anesthesiologist assistant shall perform delegated medical tasks only under the direct supervision of a physician who practices as an anesthesiologist. A patient or the patient's representative shall be advised if an anesthesiologist assistant is involved in the care of a patient. Unless approved by the board, a supervising physician shall not concurrently supervise more than three anesthesiologist assistants; except that the board may, by rule, allow an anesthesiologist to supervise up to four anesthesiologist assistants on and after July 1, 2016. The board may consider information from anesthesiologists, anesthesiologist assistants, patients, and other sources when considering a ratio change of supervision of anesthesiologist assistants. Direct supervision of anesthesiologist assistants may be transferred between anesthesiologists of the same group or practice in accordance with generally accepted standards of care.
(c) Nothing in this subsection (7) affects the practice of dentists and dental assistants practicing pursuant to article 220 of this title 12.
C.R.S. § 12-240-108 Collaboration with advanced practice registered nurses and certified midwives with prescriptive authority - mentorships
12-240-108. Collaboration with advanced practice registered nurses and certified midwives with prescriptive authority - mentorships. (1) (a) A physician licensed pursuant to this article 240 may, and is encouraged to, serve as a mentor to an advanced practice registered nurse or a certified midwife who is applying for prescriptive authority pursuant to section 12-255-112 (4). A physician who serves as a mentor to an advanced practice registered nurse or a certified midwife seeking prescriptive authority shall:
(I) Be practicing in Colorado and shall have education, training, experience, and active practice that corresponds with the role and population focus of the advanced practice registered nurse or certified midwife; and
(II) Have a license in good standing without disciplinary sanctions to practice medicine in Colorado and an unrestricted registration by the federal drug enforcement administration for the same schedules as the advanced practice registered nurse or certified midwife.
(b) A physician serving as a mentor to an advanced practice registered nurse or a certified midwife pursuant to section 12-255-112 (4) shall not require payment or employment as a condition of entering into the mentorship relationship, but the physician may request reimbursement of reasonable expenses and time spent as a result of the mentorship relationship.
(c) Upon successful completion of a mentorship as described in section 12-255-112 (4)(b)(I), the physician shall verify by the physician's signature that the advanced practice registered nurse or certified midwife has successfully completed the mentorship within the required period.
(2) and (3) Repealed.
C.R.S. § 12-240-109 Child health associates - scope of practice
12-240-109. Child health associates - scope of practice. On and after July 1, 1990, any person who, on June 30, 1990, was certified only as a child health associate under the laws of this state shall, upon application to the board, be granted licensure as a physician assistant. The practice of the person shall be subject to sections 12-240-107 (6) and 12-240-113; except that the practice shall be limited to patients under the age of twenty-one.
C.R.S. § 12-240-110 Qualifications for licensure
12-240-110. Qualifications for licensure. (1) Subject to the other conditions and provisions of this article 240, the board shall grant a license to practice medicine to an applicant only upon the basis of:
(a) The passing by the applicant of an examination approved by the board;
(b) The applicant's passage of examinations conducted by the National Board of Medical Examiners, the National Board of Osteopathic Medical Examiners, the Federation of State Medical Boards, or any successor to those organizations, as approved by the board;
(c) Any combination of the examinations provided in subsections (1)(a) and (1)(b) of this section approved by the board;
(d) Endorsement, if the applicant for licensure by endorsement satisfies the requirements of the occupational credential portability program.
(2) No person shall be granted a license to practice medicine as provided by subsection (1) of this section unless the person:
(a) Is at least twenty-one years of age;
(b) Is a graduate of an approved medical college; and
(c) Has completed either an approved internship of at least one year or at least one year of postgraduate training approved by the board.
C.R.S. § 12-240-111 Distinguished foreign teaching physician license - qualifications - rules
12-240-111. Distinguished foreign teaching physician license - qualifications - rules. (1) Notwithstanding any other provision of this article 240, an applicant of noteworthy and recognized professional attainment who is a graduate of a foreign medical school and who is licensed in a foreign jurisdiction, if that jurisdiction has a licensing procedure, may be granted a distinguished foreign teaching physician license to practice medicine in this state, upon application to the board in the manner determined by the board, if the following conditions are met:
(a) The applicant has been invited by a medical school in this state to serve as a full-time member of its academic faculty for the period of his or her appointment, at a rank equal to an associate professor or higher;
(b) The applicant's medical practice is limited to that required by his or her academic position, the limitation is so designated on the license in accordance with board procedure, and the medical practice is also limited to the core teaching hospitals affiliated with the medical school, as identified by the board, on which the applicant is serving as a faculty member.
(2) An applicant who meets the qualifications and conditions set forth in subsection (1) of this section but is not offered the rank of associate professor or higher may be granted a temporary license, for one year only, to practice medicine in this state, as a member of the academic faculty, at the discretion of the board and in the manner determined by the board. If the applicant is granted a temporary license, he or she shall practice only under the direct supervision of a person who has the rank of associate professor or higher.
(3) A distinguished foreign teaching physician license is effective and in force only while the holder is serving on the academic staff of a medical school. The license expires one year after the date of issuance and may be renewed annually only after the board has specifically determined that the conditions specified in subsection (1) or (2) of this section will continue during the ensuing period of licensure. The board may require an applicant for licensure under this section to present himself or herself to the board for an interview. The board may withdraw licensure granted under this section prior to the expiration of the license for unprofessional conduct as defined in section 12-240-121.
(4) The board may establish and charge a fee for a distinguished foreign teaching physician license pursuant to section 12-20-105, not to exceed the amount of the fee for renewal of a physician's license.
(5) The board shall promulgate rules specifying standards related to the qualification and supervision of distinguished foreign teaching physicians.
C.R.S. § 12-240-112 Anesthesiologist assistant license - qualifications
12-240-112. Anesthesiologist assistant license - qualifications. (1) To be licensed as an anesthesiologist assistant under this article 240, an applicant must be at least twenty-one years of age and must have:
(a) Successfully completed an education program for anesthesiologist assistants that conforms to standards delineated by the Commission on Accreditation of Allied Health Education Programs, or its successor organization, and approved by the board;
(b) Successfully completed the national certifying examination for anesthesiologist assistants that is administered by the National Commission for Certification of Anesthesiologist Assistants or a successor organization; and
(c) Submitted an application to the board in the manner designated by the board and paid the appropriate fee established by the board pursuant to section 12-20-105.
(2) A person applying for a license to practice as an anesthesiologist assistant in this state shall notify the board, in connection with his or her application for licensure, of the commission of any act that would be grounds for disciplinary action against a licensed anesthesiologist assistant under section 12-240-121, along with an explanation of the circumstances of the act. The board may deny licensure to any applicant as set forth in section 12-240-120.
(3) A person licensed to practice as an anesthesiologist assistant shall not perform any act that constitutes the practice of medicine within a hospital or ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25 or required to obtain a certificate of compliance pursuant to section 25-1.5-103 (1)(a)(II), unless the licensed anesthesiologist assistant obtains authorization from the governing board of the hospital or ambulatory surgical center. The governing board of a hospital or ambulatory surgical center may grant, deny, or limit a licensed anesthesiologist assistant's authorization based on the governing board's established procedures.
(4) The board may take any disciplinary action with respect to an anesthesiologist assistant license as it may with respect to the license of a physician, in accordance with section 12-240-125.
(5) The board shall license and keep a record of anesthesiologist assistants who have been licensed pursuant to this section. A licensed anesthesiologist assistant shall renew his or her license in accordance with section 12-240-130.
C.R.S. § 12-240-113 Physician assistant license - qualifications
12-240-113. Physician assistant license - qualifications. (1) To be licensed as a physician assistant under this article 240, an applicant shall be at least twenty-one years of age and shall have:
(a) Successfully completed an education program for physician assistants that conforms to standards approved by the board, which standards may be established by utilizing the assistance of any responsible accrediting organization;
(b) Successfully completed the national certifying examination for physician assistants that is administered by the National Commission on Certification of Physician Assistants or a successor organization or successfully completed any other examination approved by the board; and
(c) Submitted an application to the board in the manner designated by the board and paid the appropriate fee established by the board pursuant to section 12-20-105.
(2) The board may determine whether any applicant for licensure as a physician assistant possesses education, experience, or training in health care that is sufficient to be accepted in lieu of the qualifications required for licensure under subsection (1) of this section.
(3) A person applying for a license to practice as a physician assistant in this state shall notify the board, in connection with his or her application for licensure, of the commission of any act that would be grounds for disciplinary action against a licensed physician assistant under section 12-240-121, along with an explanation of the circumstances of the act. The board may deny licensure to any applicant as set forth in section 12-240-120.
(4) A person licensed as a physician assistant shall not perform any act that constitutes the practice of medicine within a hospital or nursing care facility that is licensed pursuant to part 1 of article 3 of title 25 or that is required to obtain a certificate of compliance pursuant to section 25-1.5-103 (1)(a)(II) without authorization from the governing board of the hospital or nursing care facility. The governing board may grant, deny, or limit a physician assistant's authorization based on its own established procedures.
(5) The board may take any disciplinary action with respect to a physician assistant license as it may with respect to the license of a physician, in accordance with section 12-240-125.
(6) The board shall license and keep a record of physician assistants who have been licensed pursuant to this section. A licensed physician assistant shall renew his or her license in accordance with section 12-240-130.
C.R.S. § 12-240-114 International medical graduates - degree equivalence
12-240-114. International medical graduates - degree equivalence. (1) For international medical graduates, the board shall require one year of postgraduate clinical training approved by the board. An applicant whose international medical school is not an approved medical college is eligible for licensure at the discretion of the board if the applicant meets all other requirements for licensure and holds specialty board certification, current at the time of application for licensure, conferred by a regular member board of the American Board of Medical Specialties or the American Osteopathic Association. The factors to be considered by the board in the exercise of its discretion in determining the qualifications of applicants must include the following:
(a) The information available to the board relating to the medical school of the applicant; and
(b) The nature and length of the postgraduate training completed by the applicant.
C.R.S. § 12-240-114.5 Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions
12-240-114.5. Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Collaboration" means, as indicated by the patient's condition, community standards of care, and a physician assistant's education, training, and experience:
(I) Consultation between the physician assistant and a physician or physician group; or
(II) Referral by the physician assistant to a physician or, if the referral is to a physician practicing in a different practice area than the physician assistant, a physician's practice group.
(b) "Collaborative agreement" means a written agreement that describes the manner in which a physician assistant collaborates with a physician or a physician group.
(c) "Performance evaluation" means a document that includes domains of competency relevant to the practice of a physician assistant, uses more than one modality of assessment to evaluate the domains, and includes consideration of the physician assistant's education, training, experience, competency, and knowledge of the practice area in which the physician assistant is engaged.
(d) "Physician" means a physician licensed in good standing pursuant to this article 240 or article 290 of this title 12, including a physician in a physician group.
(2) (a) A physician assistant licensed pursuant to this article 240 shall enter into a collaborative agreement with a physician or a physician group. The physician entering into a collaborative agreement must be actively practicing in Colorado with a regular and reliable physical presence in Colorado. The collaborative agreement must include:
(I) The physician assistant's name, license number, and primary location of practice;
(II) The signature of the physician assistant and the physician or physician group with whom the physician assistant has entered into the collaborative agreement;
(III) A description of the physician assistant's process for collaboration, the degree of which must be based on the physician assistant's primary location and area of practice and may include:
(A) Decisions made by the physician or physician group with whom the physician assistant has entered into a collaborative agreement; and
(B) The credentialing or privileging requirements of the physician assistant's primary location of practice;
(IV) A description of the performance evaluation process, which may be completed by the physician assistant's employer in accordance with a performance evaluation and review process established by the employer; and
(V) Any additional requirements specific to the physician assistant's practice required by the physician entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration.
istant's employer in accordance with a performance evaluation and review process established by the employer; and
(V) Any additional requirements specific to the physician assistant's practice required by the physician entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration.
(b) (I) Except as provided in subsection (2)(b)(IV) of this section, for a physician assistant with fewer than five thousand practice hours, or a physician assistant changing practice areas with fewer than three thousand practice hours in the new practice area, the collaborative agreement is a supervisory agreement that must include the provisions described in subsections (2)(a)(III)(A), (2)(a)(III)(B), (2)(a)(IV), and (2)(a)(V) of this section and must also:
(A) Require that collaboration during the first one hundred sixty practice hours be completed in person or through technology, as permitted by the physician or physician group with whom the physician assistant has entered into the collaborative agreement;
(B) Incorporate elements defining the expected nature of collaboration, including: The physician assistant's expected area of practice; expectations regarding support and consultation from the physician or physician group with whom the physician assistant has entered into a collaborative agreement; methods and modes of communication and collaboration; and any other pertinent elements of collaborative, team-based practice applicable to the physician assistant's practice or established by the employer; and
(C) Require a performance evaluation and discussion of the performance evaluation with the physician assistant after the physician assistant has worked with the employer for six months, again after the physician assistant has worked with the employer for twelve months, and additional evaluation thereafter as determined by the physician or physician group with whom the physician assistant has entered into the collaborative agreement.
(II) The performance evaluation may be completed by the physician assistant's employer in accordance with the performance evaluation and review process established by the employer; except that the performance evaluation must be completed with at least the minimum frequency required in subsection (2)(b)(I)(C) of this section.
(III) Except as provided in subsection (2)(b)(IV) of this section, after a physician assistant has completed the number of practice hours required pursuant to this subsection (2), the additional collaborative agreement requirements described in this subsection (2)(b) no longer apply.
(IV) Notwithstanding the provisions of this subsection (2):
(A) For a physician assistant entering into a collaborative agreement with a physician or physician group in the emergency department of a hospital with a level I or level II trauma center, the collaborative agreement remains a supervisory agreement and continues indefinitely.
(B) For a physician assistant changing practice areas to practice in an emergency department of a hospital that is not a level I or level II trauma center, the supervising physician or physician group may increase the number of hours for which the collaborative agreement is a supervisory agreement pursuant to this subsection (2)(b).
(3) A physician assistant may provide the board with a signed affidavit outlining practice experience for the purposes of meeting the requirements described in subsection (2)(b) of this section, as applicable, if the physician assistant:
(a) Held an unencumbered license in another state or territory of the United States before becoming licensed in this state pursuant to section 12-240-113; or
(b) Was initially licensed in this state prior to August 7, 2023.
C.R.S. § 12-240-115 Applications for license
12-240-115. Applications for license. Every person desiring a license to practice medicine shall make application to the board, the application to be verified by oath and to be in the form prescribed by the board. The application shall be accompanied by the license fee and the documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by this article 240, apart from any required examination by the board. The burden of proof shall be upon the applicant, but the board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses defined in this article 240 as unprofessional conduct.
C.R.S. § 12-240-116 Licensing panel
12-240-116. Licensing panel. (1) (a) The president of the board shall establish a licensing panel consisting of four members of the board as follows:
(I) One member who is a licensed physician having the degree of doctor of medicine;
(II) One member who is a licensed physician having the degree of doctor of osteopathy;
(III) One member who is a public member of the board; and
(IV) One member who is a physician assistant member of the board.
(b) The president may rotate the licensing panel membership and the membership on the inquiry and hearing panels established pursuant to section 12-240-125 so that all members of the board, including the board president, may serve on each of the board panels.
(c) If the president determines that the board lacks a member to serve on the licensing panel that meets the criteria specified in subsection (1)(a) of this section, the president may appoint another board member to fill the vacancy on the panel.
(2) The licensing panel shall review and make determinations on applications for a license under this article 240.
(3) The licensing panel shall review and resolve matters relating to the unlicensed practice of medicine. If it appears to the licensing panel, based upon credible evidence in a written complaint by any person or upon credible evidence in a motion of the licensing panel, that a person is practicing or has practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant without a license as required by this article 240, the licensing panel may issue an order to cease and desist the unlicensed practice. The order must set forth the particular statutes and rules that have been violated, the facts alleged to have constituted the violation, and the requirement that all unlicensed practices immediately cease. The respondent may request a hearing on a cease-and-desist order in accordance with section 12-20-405. Section 12-240-125 (9), exempting board disciplinary proceedings and records from open meetings and public records requirements, does not apply to a hearing or any other proceeding held by the licensing panel pursuant to this subsection (3) regarding the unlicensed practice of medicine. The procedures specified in section 12-20-405 apply to allegations and orders regarding the unlicensed practice of medicine before the licensing panel.
C.R.S. § 12-240-117 Issuance of licenses - prior practice prohibited
12-240-117. Issuance of licenses - prior practice prohibited. (1) If the board determines that an applicant possesses the qualifications required by this article 240, the board shall issue to the applicant a license to practice medicine.
(2) Prior to the approval of a license, the applicant shall not engage in the practice of medicine in this state, and any person who practices medicine in this state without first obtaining approval of a license shall be deemed to have violated the provisions of this article 240.
(3) All holders of a license to practice medicine granted by the board, or by the state board of medical examiners as constituted under any prior law of this state, shall be accorded equal rights and privileges under all laws of the state of Colorado, shall be subject to the same duties and obligations, and shall be authorized to practice medicine, as defined by this article 240 in all its branches.
C.R.S. § 12-240-118 Pro bono license - qualifications - reduced fee - rules
12-240-118. Pro bono license - qualifications - reduced fee - rules. (1) Notwithstanding any other provision of this article 240, the board may issue a pro bono license to a physician to practice medicine in this state if the physician:
(a) (I) Holds an active and unrestricted license to practice medicine in Colorado and is in active practice in this state;
(II) Has been on inactive status pursuant to section 12-240-141 for not more than two years; or
(III) Holds an active and unrestricted license to practice medicine in another state or territory of the United States;
(b) Attests to the board that he or she:
(I) Does not charge for his or her services; except that the facility at which the services are provided may charge on a not-for-profit basis for the provision of services; or
(II) Works for and may be compensated by an organization that does not charge Colorado patients for its services;
(c) Has never had a license to practice medicine in this state or in another state or territory revoked or suspended, as verified by the applicant in the manner prescribed by the board;
(d) Is not the subject of an unresolved complaint;
(e) Maintains commercial professional liability insurance coverage in accordance with section 13-64-301; and
(f) Pays the fee established by the board.
(2) The board shall establish and charge an application fee for an initial and renewal pro bono license, not to exceed one-half the amount of the fee for a renewal of a physician's license and not to exceed the cost of administering the license.
(3) A pro bono license is subject to the renewal requirements set forth in section 12-240-130.
(4) A physician granted a pro bono license under this section shall not simultaneously hold a full license to practice medicine issued under this article 240.
(5) A physician granted a pro bono license under this section is subject to discipline by the board for committing unprofessional conduct, as defined in section 12-240-121, or any other act prohibited by this article 240.
(6) The board may refrain from issuing a pro bono license in accordance with section 12-240-120.
(7) The board may adopt rules as necessary to implement this section.
C.R.S. § 12-240-119 Reentry license - period of inactivity - international medical graduate - competency assessment - board rules - conversion to full license
12-240-119. Reentry license - period of inactivity - international medical graduate - competency assessment - board rules - conversion to full license. (1) (a) Notwithstanding any other provision of this article 240, the board may issue a reentry license to:
(I) A physician, a physician assistant, or an anesthesiologist assistant who has not actively practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant, as applicable, for the two-year period immediately preceding the filing of an application for a reentry license, or who has not otherwise maintained continued competency during that period, as determined by the board; or
(II) An international medical graduate who:
(A) Holds a current or expired international license or meets other qualifications specified by the board by rule; and
(B) Satisfies any other requirements established by the board by rule, which may include a recommendation of the international medical graduate from the administrator of the IMG assistance program created in section 8-87-102 or from the program director of the clinical readiness program created in section 8-87-103 or a requirement for specific training.
(b) The board may charge a fee for a reentry license.
(2) (a) In order to qualify for a reentry license, the physician, physician assistant, anesthesiologist assistant, or international medical graduate shall submit to evaluations, assessments, and an educational program as required by the board. The board may work with a private entity that specializes in physician, physician assistant, or anesthesiologist assistant assessment to:
(I) Determine the applicant's competency and areas in which improvement is needed, if any;
(II) Develop an educational program specific to the applicant; and
(III) Upon completion of the educational program, conduct an evaluation to determine the applicant's competency.
(a.5) For international medical graduates, the board may approve an assessment model to assess the competency of international medical graduates applying for a reentry license under this section and shall approve criteria, including minimum requirements, standards, and competencies, for the assessment of these applicants.
(b) (I) If, based on the assessment, the board determines that the applicant requires a period of supervised practice, the board may issue a reentry license, allowing the applicant to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as applicable, under supervision as specified by the board.
(II) After satisfactory completion of the period of supervised practice, as determined by the board, the reentry licensee may apply to the board for conversion of the reentry license to a full license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as applicable, under this article 240.
(c) If, based on the assessment and, if prescribed, after completion of an educational program, the board determines that the applicant is competent and qualified to practice medicine without supervision, practice as a physician assistant, or practice as an anesthesiologist assistant with supervision, as specified in this article 240, the board may convert the reentry license to a full license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as applicable, under this article 240.
(3) A reentry license shall be valid for no more than three years and shall not be renewable.
(4) The board shall adopt rules as necessary:
(a) To specify requirements applicable to international medical graduates pursuant to subsection (1)(a)(II) of this section; and
(b) Regarding the criteria for an assessment model to assess the competency of international medical graduates pursuant to subsection (2) of this section.
C.R.S. § 12-240-120 Refusal of license - issuance subject to probation
12-240-120. Refusal of license - issuance subject to probation. (1) The board may refrain from issuing a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:
(a) Does not possess the qualifications required by this article 240;
(b) Has engaged in unprofessional conduct, as defined in section 12-240-121;
(c) Has been disciplined in another state or foreign jurisdiction with respect to the applicant's license to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant;
(d) Has not actively practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant for the two-year period immediately preceding the filing of an application, or otherwise maintained continued competency during that period, as determined by the board; or
(e) Has not completed required continuing medical education pursuant to section 12-240-130.5.
(2) For purposes of this section, "discipline" includes any matter that must be reported pursuant to 45 CFR 60.8 and is substantially similar to unprofessional conduct, as defined in section 12-240-121.
(3) An applicant whose application is denied or whose license is granted subject to terms of probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a license that is subject to terms of probation, the acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).
C.R.S. § 12-240-121 Unprofessional conduct - definitions
12-240-121. Unprofessional conduct - definitions. (1) "Unprofessional conduct" as used in this article 240 means:
(a) Resorting to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a license to practice medicine or a license to practice as a physician assistant or an anesthesiologist assistant in this state or any other state, in applying for professional liability coverage, required pursuant to section 13-64-301, or privileges at a hospital, or in taking the examination provided for in this article 240;
(b) Any conviction of an offense of moral turpitude, a felony, or a crime that would constitute a violation of this article 240. For purposes of this subsection (1)(b), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
(c) Administering, dispensing, or prescribing any habit-forming drug or any controlled substance as defined in section 18-18-102 (5) other than in the course of legitimate professional practice;
(d) Any conviction of violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, as defined in section 18-18-102 (5), and, in determining if a license should be denied, revoked, or suspended, or if the licensee should be placed on probation, the board shall be governed by sections 12-20-202 (5) and 24-5-101. For purposes of this subsection (1)(d), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
(e) Habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5);
(f) The aiding or abetting, in the practice of medicine, of any person not licensed to practice medicine as defined under this article 240 or of any person whose license to practice medicine is suspended;
(g) (I) Except as otherwise provided in sections 12-240-138, 25-3-103.7, and 25-3-314, practicing medicine as the partner, agent, or employee of, or in joint venture with, any person who does not hold a license to practice medicine within this state, or practicing medicine as an employee of, or in joint venture with, any partnership or association any of whose partners or associates do not hold a license to practice medicine within this state, or practicing medicine as an employee of or in joint venture with any corporation other than a professional service corporation for the practice of medicine as described in section 12-240-138. Any licensee holding a license to practice medicine in this state may accept employment from any person, partnership, association, or corporation to examine and treat the employees of the person, partnership, association, or corporation.
(II) (A) Nothing in this subsection (1)(g) shall be construed to permit a professional service corporation for the practice of medicine, as described in section 12-240-138, to practice medicine.
(B) Nothing in this subsection (1)(g) shall be construed to otherwise create an exception to the corporate practice of medicine doctrine.
(h) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this article 240 or an applicable provision of article 20 or 30 of this title 12;
practice medicine.
(B) Nothing in this subsection (1)(g) shall be construed to otherwise create an exception to the corporate practice of medicine doctrine.
(h) Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this article 240 or an applicable provision of article 20 or 30 of this title 12;
(i) Failing to notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to perform a medical service with reasonable skill and safety to patients; failing to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform a medical service with reasonable skill and safety to the patient; or failing to comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-240-126;
(j) Any act or omission that fails to meet generally accepted standards of medical practice;
(k) Engaging in a sexual act with a patient during the course of patient care or within six months immediately following the termination of the licensee's professional relationship with the patient. "Sexual act", as used in this subsection (1)(k), means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.
(l) Refusal of an attending physician to comply with the terms of a declaration executed by a patient pursuant to the provisions of article 18 of title 15 and failure of the attending physician to transfer care of the patient to another physician;
(m) (I) Violation of abuse of health insurance pursuant to section 18-13-119; or
(II) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3);
(n) Violation of any valid board order or any rule promulgated by the board in conformance with law;
(o) Dispensing, injecting, or prescribing an anabolic steroid, as defined in section 18-18-102 (3), for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so or for the intended purpose of improving performance in any form of exercise, sport, or game;
(p) Dispensing or injecting an anabolic steroid, as defined in section 18-18-102 (3), unless the anabolic steroid is dispensed from a pharmacy prescription drug outlet pursuant to a prescription order or is dispensed by any practitioner in the course of the practitioner's professional practice;
(q) Prescribing, distributing, or giving to a family member or to oneself except on an emergency basis any controlled substance as defined in section 18-18-204 or as contained in schedule II of 21 U.S.C. sec. 812, as amended;
(r) Failing to report to the board, within thirty days after an adverse action, that an adverse action has been taken against the licensee by another licensing agency in another state or country, a peer review body, a health-care institution, a professional or medical society or association, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 240;
(s) Failing to report to the board, within thirty days, the surrender of a license or other authorization to practice medicine in another state or jurisdiction or the surrender of membership on any medical staff or in any medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 240;
, the surrender of a license or other authorization to practice medicine in another state or jurisdiction or the surrender of membership on any medical staff or in any medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 240;
(t) Failing to accurately answer the questionnaire accompanying the renewal form as required pursuant to section 12-240-130 (2);
(u) (I) Engaging in any of the following activities and practices: Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment that is demonstrably unnecessary; the failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of medicine as interpreted by the board.
(II) In determining which activities and practices are not consistent with the standard of care or are contrary to recognized standards of the practice of medicine, the board shall utilize, in addition to its own expertise, the standards developed by recognized and established accreditation or review organizations that meet requirements established by the board by rule. The determinations shall include but need not be limited to appropriate ordering of laboratory tests and studies, appropriate ordering of diagnostic tests and studies, appropriate treatment of the medical condition under review, appropriate use of consultations or referrals in patient care, and appropriate creation and maintenance of patient records.
(v) Falsifying or repeatedly making incorrect essential entries or repeatedly failing to make essential entries on patient records;
(w) Committing a fraudulent insurance act, as defined in section 10-1-128;
(x) Failing to establish and continuously maintain financial responsibility, as required in section 13-64-301;
(y) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to section 12-240-125 (4);
(z) Advertising in a manner that is misleading, deceptive, or false;
(aa) Any act or omission in the practice of telemedicine that fails to meet generally accepted standards of medical practice;
(bb) Entering into or continuing in a mentorship relationship with an advanced practice registered nurse or a certified midwife pursuant to sections 12-240-108 and 12-255-112 (4) that fails to meet generally acceptable standards of medical practice;
(cc) Repealed.
(dd) Failure to comply with the requirements of section 14 of article XVIII of the state constitution, section 25-1.5-106, or the rules promulgated by the state health agency pursuant to section 25-1.5-106 (3);
(ee) Engaging in conversion therapy with a patient who is under eighteen years of age;
(ff) (I) Any suspension of a license pursuant to section 24-4-104 (4) as a result of a formal charge for a crime pursuant to title 18, or that under federal law or the law of another state would constitute a crime under title 18, where the board finds the crime is a continuing threat to patient safety.
(II) A suspension issued pursuant to subsection (1)(ff)(I) of this section may be continued until dismissal, acquittal, or conviction of the charges. A hearing on the suspension may not occur until after the dismissal, acquittal, or conviction of such charge unless the licensee opts to proceed to a hearing regarding the suspension.
(gg) Any conviction of an offense under section 18-13-131. For purposes of this subsection (1)(gg), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
s. A hearing on the suspension may not occur until after the dismissal, acquittal, or conviction of such charge unless the licensee opts to proceed to a hearing regarding the suspension.
(gg) Any conviction of an offense under section 18-13-131. For purposes of this subsection (1)(gg), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
(hh) On and after March 1, 2024, repeated or willful failure without reasonable cause to comply with the requirements of completing a medical certification for a certificate of death in accordance with any applicable deadline set forth in section 25-2-110;
(ii) Failing, without reasonable cause, to comply with the continuing medical education requirement established in section 12-240-130.5 or to provide the required evidence of completion of continuing medical education credit hours in response to an audit by the board pursuant to section 12-240-130.5 (8).
(2) (a) A licensee shall not be subject to disciplinary action by the board solely for prescribing controlled substances for the relief of intractable pain.
(b) For the purposes of this subsection (2), "intractable pain" means a pain state in which the cause of the pain cannot be removed and for which in the generally accepted course of medical practice no relief or cure of the cause of the pain is possible or none has been found after reasonable efforts including, but not limited to, evaluation by the attending physician and one or more physicians specializing in the treatment of the area, system, or organ of the body perceived as the source of the pain.
(3) A licensee is not subject to disciplinary action by the board for issuing standing orders and protocols regarding the use of epinephrine auto-injectors in a public or nonpublic school in accordance with the requirements of section 22-1-119.5, for the actions taken by a school nurse or by any designated school personnel who administers epinephrine auto-injectors in accordance with the requirements of section 22-1-119.5, or for prescribing epinephrine auto-injectors in accordance with the requirements of article 47 of title 25.
(4) The discipline of a license to practice medicine, of a license to practice as a physician assistant, or of a license to practice as an anesthesiologist assistant in another state, territory, or country shall be deemed to be unprofessional conduct. For purposes of this subsection (4), "discipline" includes any sanction required to be reported pursuant to 45 CFR 60.8. This subsection (4) applies only to discipline that is based upon an act or omission in the other state, territory, or country that is defined substantially the same as unprofessional conduct pursuant to subsection (1) of this section.
(5) (a) For purposes of this section, "alternative medicine" means those health-care methods of diagnosis, treatment, or healing that are not generally used but that provide a reasonable potential for therapeutic gain in a patient's medical condition that is not outweighed by the risk of the methods. A licensee who practices alternative medicine shall inform each patient in writing, during the initial patient contact, of the licensee's education, experience, and credentials related to the alternative medicine practiced by the licensee. The board shall not take disciplinary action against a licensee solely on the grounds that the licensee practices alternative medicine.
(b) Nothing in subsection (5)(a) of this section prevents disciplinary action against a licensee for practicing medicine, practicing as a physician assistant, or practicing as an anesthesiologist assistant in violation of this article 240.
C.R.S. § 12-240-122 Prescriptions - requirement to advise patients
12-240-122. Prescriptions - requirement to advise patients. (1) A physician or physician assistant licensed under this article 240 may advise the physician's or the physician assistant's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.
(2) A physician's or a physician assistant's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the physician's or the physician assistant's professional license issued under this article 240. Failure to advise a patient pursuant to subsection (1) of this section shall not be grounds for any civil action against a physician or physician assistant in a negligence or tort action, nor shall the failure be evidence in any civil action against a physician or a physician assistant.
C.R.S. § 12-240-123 Prescriptions - limitations
12-240-123. Prescriptions - limitations. A physician or physician assistant is subject to the limitations on prescriptions specified in section 12-30-109.
C.R.S. § 12-240-124 Prescribing opioid antagonists
12-240-124. Prescribing opioid antagonists. A physician or physician assistant licensed pursuant to this article 240 may prescribe or dispense an opioid antagonist in accordance with section 12-30-110.
C.R.S. § 12-240-125 Disciplinary action by board - rules
12-240-125. Disciplinary action by board - rules. (1) (a) The president of the board shall divide those members of the board other than the president into two panels of six members each, four of whom shall be physician members.
(b) Each panel shall act as both an inquiry and a hearings panel. Members of the board may be assigned from one panel to the other by the president. The president may be a member of both panels, but in no event shall the president or any other member who has considered a complaint as a member of a panel acting as an inquiry panel take any part in the consideration of a formal complaint involving the same matter.
(c) All matters referred to one panel for investigation shall be heard, if referred for formal hearing, by the other panel or a committee of that panel. However, in its discretion, either inquiry panel may elect to refer a case for formal hearing to a qualified administrative law judge in lieu of a hearings panel of the board, for an initial decision pursuant to section 24-4-105.
(d) The initial decision of an administrative law judge may be reviewed pursuant to section 24-4-105 (14) and (15) by the filing of exceptions to the initial decision with the hearings panel that would have heard the case if it had not been referred to an administrative law judge or by review upon the motion of the hearings panel. The respondent or the board's counsel shall file the exceptions.
(2) Investigations shall be under the supervision of the panel to which they are assigned. The persons making the investigation shall report the results thereof to the assigning panel for appropriate action.
(3) In the discharge of its duties, the board may enlist the assistance of other licensees. Licensees have the duty to report to the board any licensee known, or upon information and belief, to have violated any of the provisions of section 12-240-121 (1); except that a licensee who is treating another licensee for a behavioral, mental health, or substance use disorder or the excessive use of any habit-forming drug, shall not have a duty to report his or her patient unless, in the opinion of the treating licensee, the impaired licensee presents a danger to himself, herself, or others.
(4) (a) (I) Written complaints relating to the conduct of a licensee licensed or authorized to practice medicine in this state may be made by any person or may be initiated by an inquiry panel of the board on its own motion. The licensee complained of shall be given notice by first-class mail of the nature of the complaint and shall be given thirty days to answer or explain in writing the matters described in such complaint. Upon receipt of the licensee's answer or at the conclusion of thirty days, whichever occurs first, the inquiry panel may take further action as set forth in subsection (4)(a)(II) of this section.
(II) The inquiry panel may then conduct a further investigation, which may be made by one or more members of the inquiry panel, one or more licensees who are not members of the board, a member of the staff of the board, a professional investigator, or any other person or organization as the inquiry panel directs. The investigation shall be entirely informal.
(b) The board shall cause an investigation to be made when the board is informed of:
(I) Disciplinary actions taken by hospitals to suspend or revoke the privileges of a physician and reported to the board pursuant to section 25-3-107;
(II) Disciplinary actions taken as a result of a professional review proceeding pursuant to part 2 of article 30 of this title 12 against a physician. Disciplinary actions shall be promptly reported to the board.
(III) An instance of a medical malpractice settlement or judgment against a licensee reported to the board pursuant to section 10-1-120; or
(IV) Licensees who have been allowed to resign from hospitals for medical misconduct. Hospitals shall report the resignation.
pursuant to part 2 of article 30 of this title 12 against a physician. Disciplinary actions shall be promptly reported to the board.
(III) An instance of a medical malpractice settlement or judgment against a licensee reported to the board pursuant to section 10-1-120; or
(IV) Licensees who have been allowed to resign from hospitals for medical misconduct. Hospitals shall report the resignation.
(c) On completion of an investigation, the inquiry panel shall make a finding that:
(I) The complaint is without merit and no further action need be taken with reference thereto;
(II) There is no reasonable cause to warrant further action with reference thereto;
(III) There is an instance of conduct that does not warrant formal action by the board and should be dismissed, but the inquiry panel has noticed indications of possible errant conduct by the licensee that could lead to serious consequences if not corrected. In this case, the board shall send a confidential letter of concern in accordance with section 12-20-404 (5) to the licensee against whom the complaint was made.
(IV) There is an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit. In this case, the board may issue and send a letter of admonition to the licensee in accordance with section 12-20-404 (4).
(V) The investigation discloses facts that warrant further proceedings by formal complaint, as provided in subsection (5) of this section. In this case, the complaint shall be referred to the attorney general for preparation and filing of a formal complaint.
(d) All proceedings pursuant to this subsection (4) shall be expeditiously and informally conducted so that no licensee is subjected to unfair and unjust charges and that no complainant is deprived of his or her right to a timely, fair, and proper investigation of his or her complaint.
(5) (a) All formal complaints shall be heard and determined in accordance with subsection (5)(b) of this section and section 24-4-105. Except as provided in subsection (1) of this section, all formal hearings shall be conducted by the hearings panel. The licensee may be present in person and by counsel, if so desired, to offer evidence and be heard in his or her own defense. At formal hearings, the witnesses shall be sworn and a complete record shall be made of all proceedings and testimony.
(b) Except as provided in subsection (1) of this section, an administrative law judge shall preside at the hearing and shall advise the hearings panel, as requested, on legal matters in connection with the hearing. The administrative law judge shall provide advice or assistance as requested by the hearings panel in connection with its preparations of its findings and recommendations or conclusions to be made. The administrative law judge may act in accordance with section 12-20-403 and perform other duties as authorized by the hearings panel.
el, as requested, on legal matters in connection with the hearing. The administrative law judge shall provide advice or assistance as requested by the hearings panel in connection with its preparations of its findings and recommendations or conclusions to be made. The administrative law judge may act in accordance with section 12-20-403 and perform other duties as authorized by the hearings panel.
(c) (I) To warrant a finding of unprofessional conduct, the charges shall be established as specified in section 24-4-105 (7). Except as provided in subsection (1) of this section, the hearings panel shall make a report of its findings and conclusions that, when approved and signed by a majority of those members of the hearings panel who have conducted the hearing pursuant to subsections (5)(a) and (5)(b) of this section, shall be and become the action of the board.
(II) If it is found that the charges are unproven, the hearings panel, or an administrative law judge sitting in lieu of the hearings panel pursuant to subsection (1) of this section, shall enter an order dismissing the complaint.
(III) If the hearings panel finds the charges proven and orders that discipline be imposed, it shall also determine the extent of the discipline, which must be in the form of a letter of admonition, suspension for a definite or indefinite period, or revocation of license to practice. The hearings panel also may impose a fine of up to five thousand dollars per violation. In determining appropriate disciplinary action, the hearings panel shall first consider sanctions that are necessary to protect the public. Only after the panel has considered sanctions may it consider and order requirements designed to rehabilitate the licensee or applicant. If discipline other than revocation of a license to practice is imposed, the hearings panel may also order that the licensee be granted probation and allowed to continue to practice during the period of probation. The hearings panel may also include in any disciplinary order that allows the licensee to continue to practice such conditions as the panel may deem appropriate to assure that the licensee is physically, mentally, morally, and otherwise qualified to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in accordance with generally accepted professional standards of practice, including any or all of the following:
(A) Submission by the respondent to such examinations as the hearings panel may order to determine the respondent's physical or mental condition or the respondent's professional qualifications;
(B) Taking by the respondent of therapy or courses of training or education as may be needed to correct deficiencies found either in the hearing or by the examinations;
(C) Review or supervision of the respondent's practice as may be necessary to determine the quality of the respondent's practice and to correct deficiencies therein; and
(D) The imposition of restrictions upon the nature of the respondent's practice to assure that the respondent does not practice beyond the limits of the respondent's capabilities.
(IV) Upon the failure of the licensee to comply with any conditions imposed by the hearings panel pursuant to subsection (5)(c)(III) of this section, unless due to conditions beyond the licensee's control, the hearings panel may order suspension of the licensee's license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state until the licensee complies with the conditions.
(V) In making any of the orders provided in subsections (5)(c)(III) and (5)(c)(IV) of this section, the hearings panel may take into consideration the licensee's prior disciplinary record. If the hearings panel does take into consideration any prior discipline of the licensee, its findings and recommendations shall so indicate.
istant in this state until the licensee complies with the conditions.
(V) In making any of the orders provided in subsections (5)(c)(III) and (5)(c)(IV) of this section, the hearings panel may take into consideration the licensee's prior disciplinary record. If the hearings panel does take into consideration any prior discipline of the licensee, its findings and recommendations shall so indicate.
(VI) In all cases of revocation, suspension, or probation, the board shall enter in its records the facts of the revocation, suspension, or probation and of any subsequent action of the board with respect thereto.
(VII) In all cases involving alleged violations of section 12-240-121 (1)(dd), the board shall promptly notify the executive director of the department of public health and environment of its findings, including whether it found that the physician violated section 12-240-121 (1)(dd) and any restrictions it placed on the physician with respect to recommending the use of medical marijuana.
(d) The attorney general shall prosecute those charges that have been referred to the attorney general by the inquiry panel pursuant to subsection (4)(c)(V) of this section. The board may direct the attorney general to perfect an appeal.
(e) The two-year waiting period specified in section 12-20-404 (3) applies to any person whose license to practice medicine, to practice as a physician assistant, to practice as an anesthesiologist assistant, or to practice any other health-care occupation is revoked by the board, another applicable regulator, or any other legally qualified board or regulatory entity.
(6) A majority of the members of the board, three members of the inquiry panel, or three members of the hearings panel shall constitute a quorum. The action of a majority of those present comprising a quorum shall be the action of the board, the inquiry panel, or the hearings panel.
(7) If any licensee is determined to be mentally incompetent or insane by a court of competent jurisdiction and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of continuing to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, the board shall automatically suspend the licensee's license, and, anything in this article 240 to the contrary notwithstanding, the suspension must continue until the licensee is found by the court to be competent to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant.
(8) (a) If the board has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety to patients because of a condition described in section 12-240-121 (1)(e) or (1)(i), it may require the licensee to submit to mental or physical examinations by physicians designated by the board. If a licensee fails to submit to the mental or physical examinations, the board may suspend the license until the required examinations are conducted.
(b) Every licensee shall be deemed, by practicing or by applying for annual registration of the person's license, to have consented to submit to mental or physical examinations when directed in writing by the board. Further, the person shall be deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground of privileged communication. Subject to applicable federal law, the licensee shall be deemed to have waived all objections to the production of medical records to the board from health-care providers that may be necessary for the evaluations described in subsection (8)(a) of this section.
ll objections to the admissibility of the examining physician's testimony or examination reports on the ground of privileged communication. Subject to applicable federal law, the licensee shall be deemed to have waived all objections to the production of medical records to the board from health-care providers that may be necessary for the evaluations described in subsection (8)(a) of this section.
(c) The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than before the board.
(9) (a) Investigations, examinations, hearings, meetings, or any other proceedings of the board conducted pursuant to this section shall be exempt from any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to this section be open to public inspection. This subsection (9) shall not apply to investigations, examinations, hearings, meetings, or any other proceedings or records of the licensing panel created pursuant to section 12-240-116 related to the unlicensed practice of medicine.
(b) For purposes of the records related to a complaint filed pursuant to this section against a licensee, the board is considered a professional review committee, the records related to the complaint include all records described in section 12-30-202 (8), and section 12-30-204 (12) applies to those records.
(10) A licensee who, at the request of the board, examines another licensee shall be immune from suit for damages by the person examined if the examining person conducted the examination and made his or her findings or diagnosis in good faith.
(11) Within thirty days after the board takes final action, which is of public record, to revoke or suspend a license or to place a licensee on probation based on competence or professional conduct, the board shall send notice of the final action to any hospital in which the licensee has clinical privileges, as indicated by the licensee.
(12) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; except that the board:
(a) May also issue a cease-and-desist order on its own motion; and
(b) May only issue a cease-and-desist order when it appears that a licensee is acting in a manner that is an imminent threat to the health and safety of the public.
(13) If a physician has a restriction placed on his or her license, the restriction shall, if practicable, state whether the restriction prohibits the physician from making a medical marijuana recommendation.
C.R.S. § 12-240-126 Confidential agreements to limit practice
12-240-126. Confidential agreements to limit practice. Section 12-30-108 concerning confidential agreements to limit practice applies to this article 240. An agreement entered into pursuant to section 12-30-108 shall be considered an administrative action by the board.
C.R.S. § 12-240-127 Appeal of final board actions
12-240-127. Appeal of final board actions. When the board refuses to grant a license, imposes disciplinary action pursuant to section 12-240-125, or places a licensee on probation, the action may be reviewed pursuant to section 12-20-408, unless the licensee has accepted a license subject to terms of probation as set forth in section 12-240-120 (3).
C.R.S. § 12-240-128 Physician training licenses
12-240-128. Physician training licenses. (1) Any person serving an approved internship, residency, or fellowship, as defined by this article 240, in a hospital in this state may do so for an aggregate period of up to six years under the authority of a physician training license issued pursuant to this section and without a license to practice medicine issued pursuant to section 12-240-110 or 12-240-114.
(2) No person shall be granted a physician training license unless the person meets the following criteria:
(a) The person has been accepted into and demonstrates the intention to participate in an approved internship, residency, or fellowship, as defined by this article 240; and
(b) The person is not otherwise licensed to practice medicine in this state.
(3) The board may refrain from issuing a physician training license, or may grant a physician training license subject to terms or probation, for any of the reasons listed in section 12-240-120 (1)(a), (1)(b), or (1)(c). An applicant whose physician training license is denied or is granted subject to terms of probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a physician training license that is subject to terms of probation, acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).
(4) Except as provided in subsection (3) of this section, the board shall issue a physician training license upon receipt of a statement from the approved internship, residency, or fellowship program stating that the applicant meets the criteria set forth in subsection (2) of this section and that the approved internship, residency, or fellowship accepts responsibility for the applicant's training while in the program. The statement shall be signed by the program director, clinical director, or other physician responsible for the training of the applicant. The statement shall be submitted to the board no later than thirty days prior to the date on which the applicant begins the approved internship, residency, or fellowship in this state.
(5) Where feasible, the applicant shall submit a completed application, on a form approved by the board, on or before the date on which the applicant begins the approved internship, residency, or fellowship in this state. Any physician training license granted pursuant to this section shall expire if a completed application is not received by the board sixty days after the applicant begins the approved internship, residency, or fellowship in this state. The board may establish and charge an application and renewal fee not to exceed fifty dollars for physician training licenses pursuant to section 12-20-105. Applicants and renewal applicants shall not be required to pay any fee pursuant to section 12-240-131.
(6) Except as otherwise provided in this section, a physician training license shall be subject to renewal as set forth in section 12-240-130 (1) and (2). In no event shall any person hold a Colorado physician training license for more than an aggregate period of six years.
(7) A physician training licensee may practice medicine as defined by this article 240 with the following restrictions:
(a) A physician training licensee shall be authorized to practice medicine only under the supervision of a physician licensed to practice medicine pursuant to section 12-240-110 or 12-240-114 and only as necessary for the physician training licensee's participation in the approved internship, residency, or fellowship designated on the licensee's application for a physician training license.
ions:
(a) A physician training licensee shall be authorized to practice medicine only under the supervision of a physician licensed to practice medicine pursuant to section 12-240-110 or 12-240-114 and only as necessary for the physician training licensee's participation in the approved internship, residency, or fellowship designated on the licensee's application for a physician training license.
(b) (I) A physician training license shall expire:
(A) Within sixty days under the circumstances described in subsection (5) of this section;
(B) At the time the physician training licensee ceases to participate in the approved internship, residency, or fellowship program identified on the licensee's application form; or
(C) At the time the physician training licensee obtains any other license to practice medicine issued by the board.
(II) If a physician training licensee entered an approved internship, residency, or fellowship other than the approved internship, residency, or fellowship indicated on the licensee's application, the licensee shall file a new application with the board pursuant to subsections (4) and (5) of this section.
(c) A physician training licensee shall not:
(I) Delegate the rendering of medical services to a person who is not licensed to practice medicine pursuant to section 12-240-107 (3)(l); or
(II) Enter into a collaborative agreement with physician assistants as described in sections 12-240-107 (6) and 12-240-114.5.
(d) The issuance of a physician training license shall not be construed to require the board to issue the physician training licensee a license to practice medicine pursuant to section 12-240-110 or 12-240-114.
(8) A physician training licensee may be disciplined for unprofessional conduct as defined in section 12-240-121, pursuant to the procedures outlined in section 12-240-125.
(9) Licensed physicians responsible for the supervision of interns, residents, or fellows in graduate training programs shall report to the board no later than thirty days after a physician training licensee has been terminated or has resigned from the approved internship, residency, or fellowship.
C.R.S. § 12-240-129 Intern, resident, or fellow reporting
12-240-129. Intern, resident, or fellow reporting. (1) Notwithstanding any provision of section 12-240-125 (9) to the contrary, the board shall inform the licensed physicians responsible for the supervision of an intern, resident, or fellow of any complaint received in writing relating to the intern, resident, or fellow. The board shall also inform the program sponsoring the intern, resident, or fellow of actions of the board regarding the complaint.
(2) The board in its discretion may release records that are not otherwise privileged or confidential by law to the licensed physicians responsible for the supervision of an intern, resident, or fellow, but only if the physician agrees in writing not to redisclose the records or the information contained therein for use outside of any proceeding within the program or practice site.
(3) Licensed physicians responsible for the supervision of interns, residents, or fellows in graduate training programs shall promptly report to the board anything concerning a licensee in the graduate training program that would constitute a violation of this article 240. The physicians shall also report to the board any licensee who has not progressed satisfactorily in the program because the licensee has been dismissed, suspended, or placed on probation for reasons that constitute unprofessional conduct as defined in section 12-240-121, unless the conduct has been reported to the peer health assistance program pursuant to section 12-240-131.
C.R.S. § 12-240-130 Renewal, reinstatement, reactivation - delinquency - fees - questionnaire
12-240-130. Renewal, reinstatement, reactivation - delinquency - fees - questionnaire. (1) All licenses issued pursuant to this article 240 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). The director shall increase renewal fees consistent with section 12-30-105 (4) to cover the division's costs in administering and staffing the nurse-physician advisory task force for Colorado health care created in section 12-30-105 (1) and any additional costs associated with implementing continuing education requirements for physicians pursuant to section 12-240-130.5. A person whose license has expired is subject to the penalties provided in this article 240 or section 12-20-202 (1).
(2) (a) The board shall design a questionnaire to accompany the renewal form for the purpose of determining whether a licensee has acted in violation of this article 240 or has been disciplined for any action that might be considered a violation of this article 240 or that might make the licensee unfit to practice medicine with reasonable care and safety. The board shall include on the questionnaire a question regarding whether:
(I) The licensee has complied with section 12-30-111;
(II) The licensee is in compliance with section 12-280-403 (2)(a) and is aware of the penalties for failing to comply with that section;
(III) The licensee is in compliance with section 12-30-114; and
(IV) The licensee is in compliance with section 12-240-130.5 relating to required continuing medical education and is aware of the penalties for failing to comply with that section.
(b) If an applicant fails to answer the questionnaire accurately, the failure constitutes unprofessional conduct under section 12-240-121 (1)(t).
(3) Repealed.
(4) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.
(5) On and after October 1, 2022, as a condition of renewal, reinstatement, or reactivation of a license, each licensee or applicant shall attest that the licensee or applicant is in compliance with section 12-30-114 and that the licensee or applicant is aware of the penalties for noncompliance with that section.
(6) On and after January 1, 2026, as a condition of renewal, reinstatement, or reactivation of a license, each licensee or applicant shall attest that the licensee or applicant is in compliance with section 12-240-130.5 and that the licensee or applicant is aware of the penalties for noncompliance with that section.
C.R.S. § 12-240-130.5 Continuing medical education - requirement - compliance - legislative declaration - rules - definitions
12-240-130.5. Continuing medical education - requirement - compliance - legislative declaration - rules - definitions. (1) (a) The general assembly finds and declares that:
(I) Medical knowledge, methods of diagnosis, and treatment options have expanded exponentially since the beginning of the twenty-first century, with exciting research and discoveries, including the development of new medications and tools for more accurate and effective diagnosis, treatment, and prevention of disease;
(II) While there are promising advances in medicine, Colorado faces challenges that affect the health and well-being of its residents, including an aging population; national and international public health issues, including epidemics and pandemics; nonnative diseases and conditions; changing environmental conditions and new contaminants in water, air, and food that are dangerous to human health; changes in state and federal law impacting access to reproductive, sexual, and gender-based health care; and the increasing need for behavioral health care and physical and mental health-care integration;
(III) State and national medical associations recognize the practical and ethical duties physicians have to their patients and to the profession to maintain competency in the rapidly changing medical field and the world; and
(IV) To meet these challenges and duties, there is a need for mandated continuing professional education for physicians.
(b) Therefore, the general assembly further finds and declares that:
(I) A license to practice medicine in this state is granted to individuals who demonstrate competency in the profession; and
(II) As a condition of the periodic renewal of a physician's license or the reinstatement or reactivation of a medical license, it is appropriate and necessary that Colorado require a physician to complete continuing medical education to ensure continuing competency in the profession and to prepare for the patients and health issues of the future.
(2) As used in this section, unless the context otherwise requires:
(a) "AMA PRA Category 1 Credit™" means credit for hours awarded for continuing medical education that apply toward the American Medical Association's physician's recognition award.
(b) "CME credit hour" means one hour of CME credit awarded for one clock hour of continuing medical education.
(c) "Compliance period" means the twenty-four-month period immediately preceding the renewal, reinstatement, or reactivation of a physician's license.
(d) "Continuing medical education" or "CME" means a program of continuing medical education that is accredited by an organization specified in subsection (3)(d) of this section.
(e) "National board certification" means a certification program that meets accepted standards for certification and includes both:
(I) A process for defining specialty-specific standards for knowledge and skills; and
(II) An independent, external, psychometrically valid assessment of knowledge and skills for both initial certification and recertification or continuous certification by the certifying body that granted the initial certification in the medical specialty.
(3) (a) Notwithstanding any provision of this title 12 to the contrary, commencing with license renewal, reinstatement, or reactivation occurring on or after January 1, 2026, except as provided in subsections (3)(c), (4), and (5) of this section, the board shall not renew, reinstate, or reactivate a license of a physician unless the physician presents evidence that the physician has completed thirty CME credit hours within the compliance period.
le 12 to the contrary, commencing with license renewal, reinstatement, or reactivation occurring on or after January 1, 2026, except as provided in subsections (3)(c), (4), and (5) of this section, the board shall not renew, reinstate, or reactivate a license of a physician unless the physician presents evidence that the physician has completed thirty CME credit hours within the compliance period.
(b) Unless chosen to participate in a board audit of CME compliance pursuant to subsection (8) of this section, a physician shall provide evidence of compliance with this section by:
(I) Answering affirmatively, under penalty of perjury, a question regarding compliance with the CME requirement that is included on the questionnaire that accompanies the license renewal form described in section 12-240-130 (2); or
(II) For an applicant for reinstatement or reactivation, by attesting to that fact on the application.
(c) If necessary, the board shall adjust proportionately the number of CME credit hours required pursuant to subsection (3)(a) of this section to ensure that, due to the date of the license renewal, reinstatement, or reactivation, a physician is not required to obtain thirty CME credit hours in fewer than twenty-four months.
(d) To qualify for CME credit hours, a program must:
(I) Be accredited by the Accreditation Council for Continuing Medical Education and qualify for AMA PRA Category 1 Credit™;
(II) Qualify for prescribed credit from the American Academy of Family Physicians;
(III) Be an approved program of the American Osteopathic Association; or
(IV) Be a program required in order to maintain national board certification, not including a program self-claimed or self-documented by the physician.
(e) As part of the thirty CME credit hours required pursuant to subsection (3)(a) of this section, or the adjusted number of CME credit hours required pursuant to subsection (3)(c) of this section, a physician shall complete CME credit hours in topics specified pursuant to subsection (6) of this section.
(4) (a) The board may renew the license of a physician who presents acceptable evidence to the board that the physician was unable to comply with the CME credit hours required pursuant to subsection (3)(a) of this section.
(b) The board may grant a six-month extension of the compliance period to a physician who is unable to comply with the CME credit hours required pursuant to subsection (3)(a) of this section.
(5) The board may waive the CME requirement for a physician's first renewal period if the physician was initially licensed within twelve months after completing a board-approved internship or postgraduate training.
(6) As part of the CME requirement established pursuant to this section, in addition to CME programs covering topics selected by the physician, a physician's CME credit hours must include:
(a) CME credit hours that comply with section 12-30-114 and related board rules; and
(b) CME credit hours covering a topic specified by the board by rule pursuant to subsection (7)(b) of this section.
(7) The board shall promulgate rules necessary to implement a physician CME requirement in accordance with this section. In addition to any other rules, the board shall adopt rules:
(a) Requiring that a physician maintain a transcript or certificate of attendance at the CME program that includes a statement of the credit hours earned;
board by rule pursuant to subsection (7)(b) of this section.
(7) The board shall promulgate rules necessary to implement a physician CME requirement in accordance with this section. In addition to any other rules, the board shall adopt rules:
(a) Requiring that a physician maintain a transcript or certificate of attendance at the CME program that includes a statement of the credit hours earned;
(b) (I) Relating to any CME credit hours in a specific topic, if the board approves the topic, including the number of credit hours, the frequency of the requirement, and which physicians are subject to the requirement. Nothing in this subsection (7)(b)(I) allows the board to increase the number of required CME credit hours specified in subsection (3)(a) of this section.
(II) The board shall initiate a stakeholder process to consider requiring, for general practice and for all specialties, specific CME credit hours relating to health disparities and outcomes data; reproductive, sexual, and gender-based health care; and explicit and implicit bias, including the number and frequency of CME credit hours.
(c) Indicating the circumstances under which the board would waive the CME requirement for a physician or extend the physician's compliance period pursuant to subsection (4) of this section;
(d) Implementing an audit of compliance with this section, if undertaken by the board pursuant to subsection (8) of this section; and
(e) For reinstatement of a license that has become inactive pursuant to subsection (9) of this section.
(8) (a) The board may annually audit up to five percent of physicians, chosen at random with an oversampling of nonboard-certified physicians, for compliance with this section.
(b) If chosen by the board for an audit of compliance with the CME requirement established pursuant to this section, unless the board has adjusted the number of required credit hours pursuant to subsection (3)(c) of this section or granted a waiver or extension of the CME requirement during the compliance period pursuant to subsection (4) of this section, the physician shall provide evidence of the completion of thirty credit hours of CME programs completed within the twenty-four months preceding the date of the physician's renewal, reinstatement, or reactivation of the license.
(9) (a) If a physician fails to comply with the CME requirement established pursuant to this section or to provide the required evidence of completion of CME credit hours in response to an audit by the board pursuant to subsection (8)(a) of this section:
(I) The physician's failure to comply without reasonable cause constitutes unprofessional conduct pursuant to section 12-240-121 (1)(ii); and
(II) The physician's license becomes inactive until reinstated by the board pursuant to board rule.
(b) A physician with an inactive license is not required to comply with this section but shall meet the CME requirement pursuant to this section before the board reactivates the license.
C.R.S. § 12-240-131 Peer health assistance program
12-240-131. Peer health assistance program. (1) (a) (I) As a condition of physician, physician assistant, and anesthesiologist assistant licensure and renewal in this state, every applicant shall pay, pursuant to subsection (1)(d) of this section, an amount set by the board, not to exceed sixty-one dollars per year, which maximum amount may be adjusted on January 1, 2011, and annually thereafter by the board to reflect:
(A) Changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers, all goods, or its successor index;
(B) Overall utilization of the program; and
(C) Differences in program utilization by physicians, physician assistants, and anesthesiologist assistants.
(II) Based on differences in utilization rates between physicians, physician assistants, and anesthesiologist assistants, the board may establish different fee amounts for physicians, physician assistants, and anesthesiologist assistants.
(III) The fee imposed pursuant to this subsection (1)(a) is to support designated providers that have been selected by the board to provide assistance to physicians, physician assistants, and anesthesiologist assistants needing help in dealing with physical, emotional, or psychological problems that may be detrimental to their ability to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as applicable.
(b) The board shall select one or more peer health assistance programs as designated providers. To be eligible for designation by the board, a peer health assistance program must:
(I) Provide for the education of physicians, physician assistants, and anesthesiologist assistants with respect to the recognition and prevention of physical, emotional, and psychological problems and provide for intervention when necessary or under circumstances that may be established by rules promulgated by the board;
(II) Offer assistance to a physician, physician assistant, or anesthesiologist assistant in identifying physical, emotional, or psychological problems;
(III) Evaluate the extent of physical, emotional, or psychological problems and refer the physician, physician assistant, or anesthesiologist assistant for appropriate treatment;
(IV) Monitor the status of a physician, physician assistant, or anesthesiologist assistant who has been referred for treatment;
(V) Provide counseling and support for the physician, physician assistant, or anesthesiologist assistant and for the family of any physician, physician assistant, or anesthesiologist assistant referred for treatment;
(VI) Agree to receive referrals from the board;
(VII) Agree to make their services available to all licensed Colorado physicians, licensed Colorado physician assistants, and licensed Colorado anesthesiologist assistants.
(c) The administering entity shall be a qualified, nonprofit private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and shall be dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to medicine, medical education, medical research and science, and other medical charitable purposes.
dministering entity shall be a qualified, nonprofit private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and shall be dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to medicine, medical education, medical research and science, and other medical charitable purposes.
(d) The responsibilities of the administering entity are:
(I) To collect the required annual payments, either directly or through the board pursuant to subsection (1)(e) of this section;
(II) To verify to the board, in a manner acceptable to the board, the names of all physician, physician assistant, and anesthesiologist assistant applicants who have paid the fee set by the board;
(III) To distribute the money collected, less expenses, to the approved designated provider, as directed by the board;
(IV) To provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and
(V) To post a surety performance bond in an amount specified by the board to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.
(e) The board may collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all payments to the administering entity. All required annual payments collected by or due to the board for each fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the distribution of the payments to the administering entity or expenditure of the payments by the administering entity does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.
(2) Nothing in this section creates any liability on the board or the state of Colorado for the actions of the board in making grants to peer assistance programs, and no civil action may be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or the result of an act or omission of a physician, physician assistant, or anesthesiologist assistant participating in or referred by a state-funded peer assistance program.
C.R.S. § 12-240-132 Division of fees - independent advertising or marketing agent - definition
12-240-132. Division of fees - independent advertising or marketing agent - definition. (1) (a) If any person holding a license issued by the board divides any fee or compensation received or charged for services rendered by him or her as a licensee or agrees to divide any fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for sending or bringing any patient or other person to the licensee, or for recommending the licensee to any person, or for being instrumental in any manner in causing any person to engage the licensee in his or her professional capacity; or if any licensee shall either directly or indirectly pay or compensate or agree to pay or compensate any person, firm, association, or corporation for sending or bringing any patient or other person to the licensee for examination or treatment, for recommending the licensee to any person, or for being instrumental in causing any person to engage the licensee in his or her professional capacity; or if any licensee, in his or her professional capacity and in his or her own name or behalf, shall make or present a bill or request a payment for services rendered by any person other than the licensee, the licensee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(b) Notwithstanding the provisions of subsection (1)(a) of this section, a licensee may pay an independent advertising or marketing agent compensation for the advertising or marketing services rendered on the licensee's behalf by the agent, including compensation that is paid for the results or performance of the services on a per patient basis.
(c) As used in this subsection (1), "independent advertising or marketing agent" means a person, firm, association, or corporation that performs advertising or other marketing services on behalf of licensees, including referrals of patients to licensees resulting from patient-initiated responses to advertising or marketing services.
(2) Violation of the provisions of this section shall constitute grounds for the suspension or revocation of a license or the placing of the holder thereof on probation.
C.R.S. § 12-240-133 Recovery of fees illegally paid
12-240-133. Recovery of fees illegally paid. If any licensee, in violation of section 12-240-132, divides or agrees to divide any fee or compensation received by the licensee for services rendered in his or her professional capacity with any person whomsoever, the person who has paid the fee or compensation to the licensee may recover the amount unlawfully paid or agreed to be paid from either the licensee or from the person to whom the fee or compensation has been paid, by an action to be instituted within two years from the date on which the fee or compensation was so divided or agreed to be divided.
C.R.S. § 12-240-134 Liability of persons other than licensee
12-240-134. Liability of persons other than licensee. If any person, firm, association, or corporation receives, either directly or indirectly, any pay or compensation given or paid in violation of section 12-240-132, the person, firm, association, or corporation, and the officers and directors thereof, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 12-240-135 Unauthorized practice - penalties - injunctive relief
12-240-135. Unauthorized practice - penalties - injunctive relief. (1) Any person who practices or offers or attempts to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant within this state without an active license issued under this article 240 is subject to penalties pursuant to section 12-20-407 (1)(a).
(2) Any person who engages in any of the following activities commits a class 6 felony and shall be punished as provided in section 18-1.3-401:
(a) Presents as his or her own the diploma, license, certificate, or credentials of another;
(b) Gives either false or forged evidence of any kind to the board or any board member in connection with an application for a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant;
(c) Practices medicine, practices as a physician assistant, or practices as an anesthesiologist assistant under a false or assumed name; or
(d) Falsely impersonates another licensee of a like or different name.
(3) Any person who violates section 12-240-121 (1)(p) commits a class 5 felony, and any person committing a second or subsequent violation commits a class 3 felony; and those persons shall be punished as provided in section 18-1.3-401.
(4) No action may be maintained against an individual who has been the recipient of services constituting the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant, for the breach of a contract involving the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant or the recovery of compensation for services rendered under such a contract.
(5) When an individual has been the recipient of services constituting the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant, whether or not the individual knew that the rendition of the services was unlawful:
(a) The individual or the individual's personal representative is entitled to recover the amount of any fee paid for the services; and
(b) The individual or the individual's personal representative may also recover a reasonable attorney fee as fixed by the court, to be assessed as part of the costs of the action.
(6) (a) No specialty society, association of physicians, or licensed physician may discriminate against any person licensed to practice medicine if the physician is qualified for membership in the specialty society or association. If board certification or eligibility in a specialty is a membership requirement, certification or eligibility by either the American Board of Medical Specialties or the American Osteopathic Association based upon the applicant's training as a doctor of medicine or doctor of osteopathy, is sufficient. Notwithstanding any other remedies provided under this article 240, a licensed physician who is discriminated against in violation of this section shall have a private right of action against the licensed physician or specialty society or association that so discriminates.
(b) Any licensed physician, specialty society, or association of physicians held liable for a violation of this subsection (6) shall pay the costs and reasonable attorney fees incurred by the aggrieved physician associated with his or her pursuit of any claim for relief authorized by this subsection (6).
(7) The board may apply in accordance with section 12-20-406 for an injunction to enjoin any person from committing any act prohibited by this article 240.
C.R.S. § 12-240-136 Existing licenses
12-240-136. Existing licenses. (1) Nothing in this article 240 shall be construed to invalidate or affect the license of any person holding a valid, unrevoked, and unsuspended license to practice medicine in this state on July 1, 1951, except as otherwise provided by this article 240.
(2) Nothing in this article 240 shall be construed to invalidate the license of any person holding a valid, unrevoked, and unsuspended license on June 30, 1979, to practice medicine in this state or to affect any disciplinary proceeding or appeal pending on June 30, 1979, or any appointment to the board, the inquiry panel, or the hearings panel made on or before June 30, 1979.
C.R.S. § 12-240-137 Postmortem examinations by licensee - definition - application of this section
12-240-137. Postmortem examinations by licensee - definition - application of this section. (1) As used in this section, "person" shall include any individual, partnership, corporation, body politic, or association.
(2) Consent for a licensee to conduct a postmortem examination of the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend or a person charged by law with the responsibility for burial. If two or more persons assume custody of the body, the consent of one of them shall be deemed sufficient.
(3) Nothing in this section shall be construed as a repeal of any provision of part 6 of article 10 of title 30.
C.R.S. § 12-240-138 Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of medicine - definitions
12-240-138. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of medicine - definitions. (1) Persons licensed to practice medicine by the board may form professional service corporations for such persons' practice of medicine under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of the corporations shall contain provisions complying with the following requirements:
(a) The name of the corporation shall contain the words "professional company" or "professional corporation" or abbreviations thereof.
(b) The corporation is organized solely for the purpose of permitting individuals to conduct the practice of medicine through a corporate entity, so long as all the individuals are actively licensed physicians or physician assistants in the state of Colorado.
(c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose.
(d) (I) Except as specified in subsection (1)(d)(II) of this section, all shareholders of the corporation are persons licensed by the board to practice medicine in the state of Colorado who at all times own their shares in their own right; except that one or more persons licensed by the board as a physician assistant may be a shareholder of the corporation as long as the physician shareholders maintain majority ownership of the corporation. The shareholders shall be individuals who, except for illness, accident, time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of medicine or as a physician assistant in the offices of the corporation.
(II) If a person licensed to practice medicine who was a shareholder of the corporation dies, an heir to the deceased shareholder may become a shareholder of the corporation for up to two years, regardless of whether the heir is licensed to practice medicine. Unless the deceased shareholder was the only shareholder of the corporation, the heir who becomes a shareholder shall be a nonvoting shareholder in all matters concerning the corporation. If the heir of the deceased shareholder ceases to be a shareholder, the shares shall be disposed of pursuant to subsection (1)(e) of this section.
(e) Provisions shall be made requiring any shareholder who ceases to be or for any reason is ineligible to be a shareholder to dispose of all of his or her shares forthwith, either to the corporation or to any person having the qualifications described in subsection (1)(d) of this section.
(f) The president shall be a shareholder and a director and, to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors, officers, and heirs of deceased shareholders shall not exercise any authority whatsoever over the independent medical judgment of persons licensed by the board to practice medicine in this state. Notwithstanding sections 7-108-103 to 7-108-106 relating to the terms of office and classification of directors, a professional service corporation for the practice of medicine may provide in the articles of incorporation or the bylaws that the directors may have terms of office of up to six years and that the directors may be divided into classes, with the terms of each class staggered to provide for the periodic election of less than all the directors. Nothing in this article 240 shall be construed to cause a professional service corporation to be vicariously liable to a patient or third person for the professional negligence or other tortious conduct of a physician who is a shareholder or employee of a professional service corporation.
s, with the terms of each class staggered to provide for the periodic election of less than all the directors. Nothing in this article 240 shall be construed to cause a professional service corporation to be vicariously liable to a patient or third person for the professional negligence or other tortious conduct of a physician who is a shareholder or employee of a professional service corporation.
(g) An heir to a deceased shareholder who becomes a shareholder shall be liable only to the same extent as the deceased shareholder would have been in his or her capacity as a shareholder, had he or she lived and remained a shareholder, for all acts, errors, and omissions of the employees of the corporation.
(h) The articles of incorporation provide and all shareholders of the corporation agree that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation, except during periods of time when each licensee who is a shareholder or any employee of the corporation has a professional liability policy insuring himself or herself and all employees who are not licensed pursuant to this article 240 who act at his or her direction, in the amount of fifty thousand dollars for each claim and an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars, or the corporation maintains in good standing professional liability insurance that meets the following minimum standards:
(I) The insurance insures the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensees.
(II) The policies insure the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees.
(III) The insurance is in an amount for each claim of at least fifty thousand dollars multiplied by the number of licensees employed by the corporation. The policy may provide for an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of licensees employed by the corporation, but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate top limit of liability for all claims during the year of nine hundred thousand dollars.
(IV) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof; the conduct of any business enterprise, as distinguished from the practice of medicine, in which the insured corporation under this section is not permitted to engage but which nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or which may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith; when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.
nance, or use of any property in connection therewith; when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.
(2) The corporation shall do nothing that, if done by a licensee employed by the corporation, would violate the standards of professional conduct as provided for in section 12-240-121. Any violation of this section by the corporation is grounds for the board to revoke or suspend the license of the person or persons responsible for the violation.
(3) Nothing in this section diminishes or changes the obligation of each licensee employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct provided for in section 12-240-121. Any licensee who, by act or omission, causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, is personally responsible for such act or omission and is subject to discipline for the act or omission.
(4) Nothing in this section modifies the physician-patient privilege specified in section 13-90-107 (1)(d).
(5) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all or part of its employees including lay employees if the plan does not require or result in the sharing of specific or identifiable fees with lay employees, and if any payments made to lay employees, or into any plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received.
(6) (a) Corporations shall not practice medicine. Nothing in this section shall be construed to abrogate a cause of action against a professional corporation for its independent acts of negligence.
(b) Employment of a physician in accordance with section 25-3-103.7 shall not be considered the corporate practice of medicine.
(7) As used in this section, unless the context otherwise requires:
(a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.
(b) "Corporation" includes a limited liability company organized under the "Colorado Limited Liability Company Act", article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002; except that the name of an entity other than a corporation shall contain the word "professional" or the abbreviation "prof." in addition to any other words required by the statute under which the entity is organized.
(c) "Director" and "officer" of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.
(d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership.
(e) "President" includes all managers, if any, of a limited liability company and all partners in a registered limited liability partnership.
(f) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership.
(g) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.
C.R.S. § 12-240-139 Injuries to be reported - exemptions - penalty for failure to report - immunity from liability - definitions
12-240-139. Injuries to be reported - exemptions - penalty for failure to report - immunity from liability - definitions. (1) (a) (I) Every licensee who attends or treats any of the following injuries shall report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located:
(A) A bullet wound, a gunshot wound, a powder burn, or any other injury arising from the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument that the licensee believes to have been intentionally inflicted upon a person;
(B) An injury arising from a dog bite that the licensee believes was inflicted upon a person by a dangerous dog, as defined in section 18-9-204.5 (2)(b); or
(C) Any other injury that the licensee has reason to believe involves a criminal act other than the possession of drugs or drug paraphernalia under section 18-18-403.5 or 18-18-428; except that a licensee is not required to report an injury that the licensee has reason to believe resulted from domestic violence unless the licensee is required to report the injury pursuant to subsection (1)(a)(I)(A) or (1)(a)(I)(B) of this section or the injury is a serious bodily injury, as defined in section 18-1-901 (3)(p).
(II) Any licensee who fails to make a report as required by this section commits a petty offense as defined by section 18-1.3-503.
(III) Except as described in subsection (1)(a)(I)(C) of this section, a licensee may, but is not required to, report an injury that he or she has reason to believe occurred as a result of domestic violence if:
(A) The victim of the injury is at least eighteen years of age and indicates his or her preference that the injury not be reported; and
(B) The injury is not an injury that the licensee is required to report pursuant to subsection (1)(a)(I)(A) or (1)(a)(I)(B) of this section.
(IV) If a licensee does not report an injury pursuant to a victim's request, as described in subsection (1)(a)(III) of this section, the licensee shall document the victim's request in the victim's medical record.
(V) Before a licensee reports an injury that he or she has reason to believe resulted from domestic violence, as described in subsection (1)(a)(III) of this section, the licensee shall make a good-faith effort, confidentially, to advise the victim of the licensee's intent to do so.
(VI) If a licensee has reason to believe that an injury resulted from domestic violence, then, regardless of whether the licensee reports the injury to law enforcement, the licensee shall either refer the victim to a victim's advocate, as defined in section 13-90-107 (1)(k)(II), or provide the victim with information concerning services available to victims of abuse.
(b) (I) When a licensee, nurse, or certified midwife performs a medical forensic examination that includes the collection of evidence at the request of a victim of sexual assault, the licensee's, nurse's, or certified midwife's employing medical facility shall, with the consent of the victim of the sexual assault, make one of the following reports to law enforcement:
(A) A law enforcement report if a victim wishes to obtain a medical forensic examination with evidence collection and at the time of the medical forensic examination chooses to participate in the criminal justice system;
(B) A medical report if a victim wishes to obtain a medical forensic examination with evidence collection but at the time of the medical forensic examination chooses not to participate in the criminal justice system. The licensee, nurse, or certified midwife shall collect the evidence and victim-identifying information, and the employing medical facility shall release the evidence and information to law enforcement for testing in accordance with section 24-33.5-113 (1)(b)(III) and storage in accordance with section 18-3-407.5 (3)(c).
rensic examination chooses not to participate in the criminal justice system. The licensee, nurse, or certified midwife shall collect the evidence and victim-identifying information, and the employing medical facility shall release the evidence and information to law enforcement for testing in accordance with section 24-33.5-113 (1)(b)(III) and storage in accordance with section 18-3-407.5 (3)(c).
(C) An anonymous report if a victim wishes to obtain a medical forensic examination with evidence collection but at the time of the medical forensic examination chooses not to have personal identifying information provided to law enforcement or to participate in the criminal justice system. The licensee, nurse, or certified midwife shall collect the evidence, and the employing medical facility shall release it to law enforcement for storage in accordance with section 18-3-407.5 (3)(c). Law enforcement shall receive no identifying information for the victim. Law enforcement shall assign a unique identifying number to the evidence, and the licensee, nurse, or certified midwife shall record the identifying number in the medical record and notify the victim that the identifying number is recorded. Additionally, the licensee, nurse, or certified midwife shall provide the identifying number to the victim.
(II) Nothing in this section:
(A) Prohibits a victim from anonymously speaking to law enforcement about the victim's rights or options prior to determining whether to consent to a report described in this subsection (1)(b); or
(B) Requires a licensee, nurse, certified midwife, or medical facility to make a report to law enforcement concerning an alleged sexual assault if medical forensic evidence is not collected.
(III) If the licensee's, nurse's, or certified midwife's employing medical facility knows where the alleged sexual assault occurred, the facility shall make the report with the law enforcement agency in whose jurisdiction the crime occurred regarding preservation of the evidence. If the medical facility does not know where the alleged sexual assault occurred, the facility shall make the report with its local law enforcement agency regarding preservation of the evidence.
(IV) In addition to the report required by subsection (1)(b)(I) of this section to be filed by the employing medical facility, a licensee who attends or treats any of the injuries described in subsection (1)(a)(I)(A) of this section of a victim of a sexual assault shall also report the injury to the police or sheriff as required by subsection (1)(a) of this section.
(V) A licensee, nurse, or certified midwife who performs a medical forensic examination as described in subsection (1)(b)(I) of this section shall inform the victim:
(A) Of the contact information for the nearest sexual assault victim's advocate if the victim makes a law enforcement report pursuant to subsection (1)(b)(I)(A) of this section;
(B) Of the contact information for the nearest community-based victim advocate pursuant to section 13-90-107 (1)(k)(II) if the victim makes a medical report pursuant to subsection (1)(b)(I)(B) of this section or an anonymous report pursuant to subsection (1)(b)(I)(C) of this section; and
(C) That any forensic medical evidence collected must be maintained until after the assailant may no longer be prosecuted for the crime and that the victim must be notified prior to the destruction of such evidence.
(2) As used in subsection (1) of this section, unless the context otherwise requires:
(a) "Domestic violence" means an act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person or any municipal ordinance violation against a person when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
ct of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person or any municipal ordinance violation against a person when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
(b) "Intimate relationship" means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child, regardless of whether the persons have been married or have lived together at any time.
(3) (a) Any licensee who, in good faith, makes a report pursuant to subsection (1) of this section or does not make a report as described in subsection (1)(a)(III) of this section is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report and has the same immunity with respect to participation in any judicial proceeding resulting from the report.
(b) A licensee who, in good faith, refers a victim to a victim's advocate or provides a victim with information concerning services available to victims of abuse, as described in subsection (1)(a)(VI) of this section, is not civilly liable for any act or omission of the victim's advocate or of any agency that provides such services to the victim.
(4) Any licensee who makes a report pursuant to subsection (1) of this section shall not be subject to the physician-patient relationship described in section 13-90-107 (1)(d) as to the medical examination and diagnosis. The licensee may be examined as a witness, but not as to any statements made by the patient that are the subject matter of section 13-90-107 (1)(d).
C.R.S. § 12-240-140 Determination of death
12-240-140. Determination of death. (1) An individual is dead if:
(a) The individual has sustained irreversible cessation of circulatory and respiratory functions; or
(b) The individual has sustained irreversible cessation of all functions of the entire brain, including the brain stem.
(2) A determination of death under this section shall be in accordance with accepted medical standards.
C.R.S. § 12-240-141 Inactive license
12-240-141. Inactive license. (1) Any licensee pursuant to section 12-240-117 may apply to the board to be transferred to an inactive status. The application shall be in the form and manner designated by the board. The board may grant inactive status by issuing an inactive license or it may deny the application as set forth in section 12-240-120.
(2) Any person applying for a license under this section shall:
(a) Provide an affidavit to the board that the applicant, after a date certain, will not practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state unless the applicant is issued a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant pursuant to subsection (5) of this section;
(b) Pay the license fee as authorized pursuant to section 12-240-130; and
(c) Comply with any financial responsibility standards promulgated by the board pursuant to section 13-64-301 (1).
(3) The inactive status shall be plainly indicated on the face of any inactive license issued under this section.
(4) The board is authorized to undertake disciplinary proceedings as set forth in sections 12-240-121 and 12-240-125 against any person licensed under this section for any act committed while the person was licensed pursuant to this article 240.
(5) Any person licensed under this section who wishes to resume the practice of medicine or to resume practice as a physician assistant shall file an application in the form and manner the board shall designate, meet the required applicable continuing medical education requirements pursuant to section 12-240-130.5, pay the license fee promulgated by the board pursuant to section 12-240-130, and meet the financial responsibility requirements promulgated by the board pursuant to section 13-64-301 (1). The board may approve the application and issue a license or may deny the application as set forth in section 12-240-120.
C.R.S. § 12-240-142 Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules
12-240-142. Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules. (1) Each licensed physician and physician assistant shall develop a written plan to ensure the security of patient medical records. The plan shall address at least the following:
(a) The storage and proper disposal, if appropriate, of patient medical records;
(b) The disposition of patient medical records in the event the licensee dies, retires, or otherwise ceases to practice or provide medical care to patients; and
(c) The method by which patients may access or obtain their medical records promptly if any of the events described in subsection (1)(b) of this section occur.
(2) Upon initial licensure under this article 240 and upon renewal of a license, the applicant or licensee, as applicable, shall attest to the board that he or she has developed a plan in compliance with this section.
(3) A licensee shall inform each patient, in writing, of the method by which the patient may access or obtain his or her medical records if an event described in subsection (1)(b) of this section occurs.
(4) A licensee who fails to comply with this section shall be subject to discipline in accordance with section 12-240-125.
(5) The board may adopt rules as necessary to implement this section.
C.R.S. § 12-240-143 Medical marijuana recommendations - guidelines
12-240-143. Medical marijuana recommendations - guidelines. The board, in consultation with the department of public health and environment and physicians specializing in medical marijuana, shall establish guidelines for physicians making medical marijuana recommendations.
C.R.S. § 12-240-144 Licensee duties relating to assistance animals - definitions
12-240-144. Licensee duties relating to assistance animals - definitions. (1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:
(a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or
(b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.
(2) This section does not:
(a) Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;
(b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or
(c) Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
(3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee:
(a) Has met with the patient in person or by telemedicine;
(b) Is sufficiently familiar with the patient and the disability; and
(c) Is legally and professionally qualified to make the determination.
(4) For purposes of this section:
(a) "Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended.
(b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.
(c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.
C.R.S. § 12-240-145 Prescription medications - financial benefit for prescribing prohibited
12-240-145. Prescription medications - financial benefit for prescribing prohibited. A physician or physician assistant shall not accept any direct or indirect benefit from a pharmaceutical manufacturer or pharmaceutical representative for prescribing a specific medication to a patient. For the purposes of this section, a direct or indirect benefit does not include a benefit offered to a physician or physician assistant regardless of whether the specific medication is being prescribed.
C.R.S. § 12-240-146 Interstate compact - powers and duties of the board - rules - definitions
12-240-146. Interstate compact - powers and duties of the board - rules - definitions. (1) As used in this section:
(a) "Adverse action" has the meaning set forth in section 24-60-4702.
(b) "Commission" means the PA licensure compact commission created in section 24-60-4702.
(c) "Compact" means the physician assistant licensure compact authorized in part 47 of article 60 of title 24.
(d) "Compact privilege" has the meaning set forth in section 24-60-4702.
(e) "Data system" has the meaning set forth in section 24-60-4702.
(f) "Investigative information" has the meaning set forth in section 24-60-4702.
(g) "Licensee" has the meaning set forth in section 24-60-4702.
(h) "Licensing board" has the meaning set forth in section 24-60-4702.
(i) "Medical services" has the meaning set forth in section 24-60-4702.
(j) "Participating state" means a state that has enacted the compact.
(k) "Significant investigative information" has the meaning set forth in section 24-60-4702.
(2) In addition to any powers and duties specified in the compact for participating states, the board has the following powers and duties with regard to the compact:
(a) To facilitate Colorado's participation in the compact;
(b) To comply with the rules of the commission;
(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;
(d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact;
(e) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee;
(f) To require a licensee to submit to a fingerprint-based criminal history record check in accordance with the following:
(I) The applicant must pay the costs associated with the fingerprint-based criminal history record check;
(II) After submitting an application for a compact privilege, the applicant shall 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. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(III) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.
(IV) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.
(V) The Colorado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a compact privilege.
ado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a compact privilege.
(VI) The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a participating state, or other state licensing boards.
(g) To grant a compact privilege to a licensee of a participating state in accordance with the terms of the compact and to charge a fee to individuals applying for the compact privilege;
(h) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and
(i) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
(3) A physician assistant providing medical services to a patient in Colorado pursuant to the compact is subject to the requirements of sections 12-240-107 (6) and 12-240-114.5 and, if the physician assistant is practicing podiatry, section 12-290-117.
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