C.R.S. Section 12-240-139
Injuries to be reported

  • 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; except that a licensee is not required to report an injury that he or she has reason to believe resulted from domestic violence unless he or she 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)

Intentionally left blank —Ed.

(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).

(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.

(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)

Intentionally left blank —Ed.

(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).

Source: Section 12-240-139 — Injuries to be reported - penalty for failure to report - immunity from liability - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑240‑101
Short title
12‑240‑102
Legislative declaration
12‑240‑103
Applicability of common provisions
12‑240‑104
Definitions
12‑240‑105
Colorado medical board - immunity - subject to review - repeal of article
12‑240‑106
Powers and duties of board - limitation on authority - rules
12‑240‑107
Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules
12‑240‑108
Collaboration with advanced practice registered nurses and certified midwives with prescriptive authority - mentorships
12‑240‑109
Child health associates - scope of practice
12‑240‑110
Qualifications for licensure
12‑240‑111
Distinguished foreign teaching physician license - qualifications - rules
12‑240‑112
Anesthesiologist assistant license - qualifications
12‑240‑113
Physician assistant license - qualifications
12‑240‑114
International medical graduates - degree equivalence
12‑240‑114.5
Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions
12‑240‑115
Applications for license
12‑240‑116
Licensing panel
12‑240‑117
Issuance of licenses - prior practice prohibited
12‑240‑118
Pro bono license - qualifications - reduced fee - rules
12‑240‑119
Reentry license - period of inactivity - international medical graduate - competency assessment - board rules - conversion to full license
12‑240‑120
Refusal of license - issuance subject to probation
12‑240‑121
Unprofessional conduct - definitions
12‑240‑122
Prescriptions - requirement to advise patients
12‑240‑123
Prescriptions - limitations
12‑240‑124
Prescribing opiate antagonists
12‑240‑125
Disciplinary action by board - rules
12‑240‑126
Confidential agreements to limit practice
12‑240‑127
Appeal of final board actions
12‑240‑128
Physician training licenses
12‑240‑129
Intern, resident, or fellow reporting
12‑240‑130
Renewal, reinstatement, delinquency - fees - questionnaire
12‑240‑131
Peer health assistance program
12‑240‑132
Division of fees - independent advertising or marketing agent - definition
12‑240‑133
Recovery of fees illegally paid
12‑240‑134
Liability of persons other than licensee
12‑240‑135
Unauthorized practice - penalties - injunctive relief
12‑240‑136
Existing licenses
12‑240‑137
Postmortem examinations by licensee - definition - application of this section
12‑240‑138
Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of medicine - definitions
12‑240‑139
Injuries to be reported - penalty for failure to report - immunity from liability - definitions
12‑240‑140
Determination of death
12‑240‑141
Inactive license
12‑240‑142
Protection of medical records - licensee’s obligations - verification of compliance - noncompliance grounds for discipline - rules
12‑240‑143
Medical marijuana recommendations - guidelines
12‑240‑144
Licensee duties relating to assistance animals - definitions
12‑240‑145
Prescription medications - financial benefit for prescribing prohibited
Green check means up to date. Up to date

Current through Fall 2024

§ 12-240-139’s source at colorado​.gov