C.R.S. Section 12-220-209
Professional review committees

  • immunity

(1)

Intentionally left blank —Ed.

(a)

A professional review committee may be established pursuant to this section to investigate complaints against a person licensed to practice dentistry under this article 220. If a professional review committee is formed, the committee must include in its membership at least three persons licensed to practice dentistry under this article 220. The committee may be authorized to act only by:

(I)

The board; or

(II)

A society or an association of persons licensed to practice dentistry under this article 220 whose membership includes not less than one-third of the persons licensed to practice dentistry under this article 220 residing in this state, if the licensee whose services are the subject of review is a member of the society or association.

(b)

A professional review committee of a society or an association of persons licensed pursuant to this article 220 shall:

(I)

Notify the board within sixty days after the review committee analyzes care provided by a licensee and determines that the care may not meet generally accepted standards or that the licensee has otherwise violated any provision of this article 220. The licensee may be subject to disciplinary action by the board.

(II)

Allow the board or its designee to conduct a periodic audit of records of the review committee. A person designated by the board to conduct the audit must be a licensed or retired dentist from any state. The board or its designee shall conduct the audit no more than twice annually. If any pattern of behavior of a licensee is identified that may constitute reasonable grounds to believe there has been a violation of this article 220, all relevant records of the review committee are subject to a subpoena issued by the board.

(c)

Intentionally left blank —Ed.

(I)

The proceedings and records of a review committee must be held in confidence and are not subject to discovery or introduction into evidence in any civil action against a dentist arising out of the matters that are the subject of evaluation and review by the committee. However, records of closed proceedings and investigations are available to the particular licensee under review and the complainant involved in the proceedings.

(II)

A person who was in attendance at a meeting of the committee shall not be permitted or required to testify in any civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members of the committee. However, information, documents, or records otherwise available from original sources are not protected from discovery or use in a civil action merely because they were presented during proceedings of the committee, and any documents or records that have been presented to the review committee by any witness must be returned to the witness, if requested by the witness or if ordered to be produced by a court in any action, with copies to be retained by the committee at its discretion.

(III)

Any person who testifies before the committee or who is a member of the committee is not prevented from testifying as to matters within the person’s knowledge, but the person may not be asked about the person’s testimony before the committee or opinions the person formed as a result of the committee hearings.

(2)

Any member of a professional review committee authorized by the board, any member of a professional review committee’s staff, any witness or consultant appearing or testifying before the professional review committee, and any person who lodges a complaint pursuant to this article 220 is granted the same immunity and is subject to the same conditions for immunity as specified in section 12-20-402. The immunity provided by this subsection (2) extends to the members of an authorized professional review committee of a society or an association of persons licensed pursuant to this article 220 and witnesses or consultants appearing before the committee if the committee is authorized to act as provided in subsection (1)(a)(II) of this section.

Source: Section 12-220-209 — Professional review committees - immunity, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑220‑101
Short title
12‑220‑102
Legislative declaration
12‑220‑103
Applicability of common provisions
12‑220‑104
Definitions - rules
12‑220‑105
Colorado dental board - qualifications of board members - quorum - panel - rules - review of functions - repeal of article - repeal
12‑220‑106
Powers and duties of board - rules - limitation on authority
12‑220‑107
Indebtedness - appropriations - publications
12‑220‑108
Attorney general shall represent board and members
12‑220‑201
Grounds for disciplinary action - definition
12‑220‑202
Disciplinary actions - rules
12‑220‑203
Disciplinary proceedings
12‑220‑204
Board panels
12‑220‑205
Cease-and-desist orders
12‑220‑206
Mental and physical examinations
12‑220‑207
Confidential agreement to limit practice
12‑220‑208
Review of board action
12‑220‑209
Professional review committees - immunity
12‑220‑210
Use or sale of forged or invalid diploma, license, license renewal certificate, or identification
12‑220‑211
Unauthorized practice - penalties
12‑220‑212
Soliciting or advertisements by unlicensed persons
12‑220‑301
Persons entitled to practice dentistry, dental therapy, or dental hygiene
12‑220‑302
Persons exempt from operation of this article
12‑220‑303
Ownership of dental or dental hygiene practice - information to be posted - heir to serve as temporary proprietor - limitations - definitions
12‑220‑304
Names and status under which dental practice may be conducted
12‑220‑305
What constitutes practicing dentistry - authority to electronically prescribe
12‑220‑306
Dentists may prescribe drugs - surgical operations - anesthesia - limits on prescriptions
12‑220‑307
Professional liability insurance required - rules
12‑220‑308
Continuing education requirements - rules
12‑220‑309
Independent advertising or marketing agent - injunctive proceedings
12‑220‑310
Dentist peer health assistance program - fees - rules
12‑220‑401
Application for dentist license - fee
12‑220‑402
Dentist academic license
12‑220‑403
Examination - how conducted - dentist license issued to successful applicants
12‑220‑404
Dentist - licensure by endorsement
12‑220‑405
Application for dental hygienist license - fee
12‑220‑406
Dental hygienist examinations - license
12‑220‑407
Dental hygienist - licensure by endorsement
12‑220‑407.2
Application for dental therapist license - fee - rules
12‑220‑407.5
Dental therapist examinations - license
12‑220‑408
Renewal of dental and dental hygienist licenses - fees - questionnaire
12‑220‑409
Inactive dental, dental therapist, or dental hygienist license
12‑220‑410
Retired dental, dental therapist, and dental hygienist licenses
12‑220‑411
Anesthesia and sedation permits - dentists, dental therapists, and dental hygienists - training and experience requirements - office inspections - rules
12‑220‑412
Change of address - duplicate licenses and certificates
12‑220‑501
Tasks authorized to be performed by dental therapists, dental hygienists, or dental assistants - rules
12‑220‑502
Construction of dental devices by unlicensed technician
12‑220‑503
What constitutes practicing unsupervised dental hygiene - rules
12‑220‑504
What constitutes practicing supervised dental hygiene
12‑220‑505
Interim therapeutic restorations by dental hygienists - permitting process - rules - subject to review
12‑220‑507
Dental hygienist peer health assistance program - fees - rules
12‑220‑508
Practice of dental therapy supervision requirement - rules
12‑220‑601
Legislative declaration
12‑220‑602
Minimum standards - rules - definition
Green check means up to date. Up to date

Current through Fall 2024

§ 12-220-209’s source at colorado​.gov