C.R.S. Section 12-255-107
Powers and duties of the board

  • rules
  • definition

(1)

The board has the following powers and duties:

(a)

Intentionally left blank —Ed.

(I)

To approve, pursuant to rules adopted by the board, educational programs in this state preparing individuals for licensure under this part 1, including approving curricula, conducting surveys, and establishing standards for the educational programs; to deny approval of or withdraw approval from the educational programs for failure to meet required standards as established by this part 1 or pursuant to rules adopted by the board; and to further establish standards in accordance with this part 1 in the form of rules to determine whether institutions outside this state shall be deemed to have acceptable educational programs and whether graduates of institutions outside this state shall be deemed to be graduates of approved educational programs for the purpose of licensing requirements in this state under this part 1; and to determine by rule when accreditation by a state or voluntary agency may be accepted in lieu of board approval;

(II)

To approve nurse aide training programs in accordance with section 12-255-118.5;
(b)(I)(A) To examine, license, certify, reactivate, and renew licenses or certifications of qualified applicants, to grant to the applicants temporary licenses and permits, and to engage in the practice of practical nursing and professional nursing, the practice as a certified midwife, or the practice of a nurse aide, as applicable, in this state within the limitations imposed by this article 255. Licenses and certifications issued pursuant to this article 255 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(B)

The director may increase fees to obtain or renew a professional nurse license, an advanced practice registered nurse authority, or a certified midwife license under this part 1 consistent with section 12-30-105 (4) to fund 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).

(C)

Any person whose license or certification has expired is subject to the penalties provided in this article 255 or section 12-20-202 (1).

(II)

In order to facilitate the licensure and certification of qualified applicants, the board may, in its discretion, assign licensing and certification functions in accordance with this article 255 to either panel. Any action taken by a quorum of the assigned panel constitutes action by the board.

(c)

Intentionally left blank —Ed.

(I)

To limit the scope of any license, to place a temporary licensee on probation, or to take disciplinary or other action as specified in section 12-20-404 upon proof that the licensee has committed an act that constitutes grounds for discipline under section 12-255-120 or 12-295-111;

(II)

To suspend, revoke, or deny a certification to practice as a nurse aide or authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that the person engaged in an act that constitutes grounds for discipline under section 12-255-209;

(d)

To permit the executive officer, during the period between board meetings and pursuant to board rules, to:

(I)

Administer examinations and competency evaluations to qualified applicants;

(II)

Issue licenses or certifications by endorsement, examination, or competency evaluation, as applicable, to qualified applicants;

(III)

Renew licenses or certifications of qualified applicants; and

(IV)

Issue temporary licenses and permits to qualified applicants;

(e)

To adopt and revise rules concerning qualifications needed to practice as a practical nurse when the practice requires preparation and skill beyond that of a practical nurse pursuant to section 12-255-114;

(f)

To provide by rule for the legal recognition of nurse licensees from other states and jurisdictions;

(g)

To charge and collect appropriate fees;

(h)

To investigate and conduct hearings upon charges for the discipline of nurses, certified midwives, and nurse aides in accordance with article 4 of title 24 and section 12-20-403 and to impose disciplinary sanctions as provided in this article 255 and section 12-20-404;

(i)

To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of this article 255 and incur necessary expenses therefor;

(j)

To adopt rules pursuant to section 12-20-204 to carry out the purposes of this article 255, including rules pertaining to the certification of nurse aides to ensure compliance with federal law and regulation relating to nurse aides;

(k)

To administer the licensing and regulation of psychiatric technicians pursuant to article 295 of this title 12 and to adopt and revise rules pursuant to section 12-20-204 consistent with the laws of this state as may be necessary:

(I)

To renew, grant, suspend, limit the scope of, and revoke licenses of psychiatric technicians in accordance with article 295 of this title 12;

(II)

To prescribe standards and approve curricula for educational programs preparing persons for licensure as psychiatric technicians;

(III)

To provide for surveys of education programs at such times as the board may deem necessary;

(IV)

To accredit education programs that meet the requirements of the board and article 295 of this title 12;

(V)

To deny accreditation to or withdraw accreditation from educational programs for failure to meet prescribed standards;

(VI)

To conduct hearings pursuant to section 12-295-112;

(VII)

To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of article 295 of this title 12 and incur necessary expenses therefor;

(l)

Intentionally left blank —Ed.

(I)

To conduct criminal history record checks on any individual under the jurisdiction of the board, against whom a complaint has been filed.

(II)

For purposes of this subsection (1)(l), “criminal history record check” means a written review of an individual’s criminal conviction history.

(m)

To facilitate the licensure of nurses under the “Enhanced Nurse Licensure Compact”, part 38 of article 60 of title 24, as follows:

(I)

Appoint a qualified delegate to serve on the interstate commission of nurse licensure compact administrators;

(II)

Participate in the coordinated licensure information system, as that is defined in article II c. of section 24-60-3802;

(III)

Require an applicant for licensure under the compact to have his or her 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 is required to submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the board. The board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the compact. The board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The board shall not release the results to the public, the interstate commission of nurse licensure compact administrators, or other state licensing boards.

(IV)

Notify the interstate commission of nurse licensure compact administrators of any adverse action taken by the board; and

(V)

Approve payment of assessments levied by the interstate commission of nurse licensure compact administrators to cover the cost of the operations and activities of the commission and its staff.

(2)

The board shall appoint advisory committees pursuant to section 12-255-108 of at least three psychiatric technicians to advise the board on matters pertaining to psychiatric technician testing. The board shall, in its discretion, assign matters referred to the board by the psychiatric technicians advisory committee to a panel for consideration and implementation, if necessary.

(3)

When the board determines that rules are completed and established, the board shall make copies available at a reasonable cost.

(4)

The board shall, in its discretion, assign matters referred to the board by the nurse aide advisory committee, created pursuant to section 12-255-207, to a panel for consideration and implementation, if necessary.

(5)

The authority granted the board under the provisions of this article 255 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.

(6)

The board shall maintain a registry of all certified nurse aides and a record of all final disciplinary action taken against persons under this article 255. The registry shall conform to all requirements of federal law and regulation.

(7)

The board shall not issue a certificate to a former holder of a nurse aide certificate whose certificate was revoked or surrendered to avoid discipline unless:

(a)

The two-year waiting period specified in section 12-20-404 (3) has passed since the date of the revocation or surrender; and

(b)

The applicant meets the requirements of this article 255, has successfully repeated an approved educational program as required by the board, and has repeated and passed a competency evaluation.

Source: Section 12-255-107 — Powers and duties of the board - rules - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑255‑101
Short title
12‑255‑102
Legislative declaration
12‑255‑103
Applicability of common provisions
12‑255‑104
Definitions
12‑255‑105
State board of nursing created - removal of board members - meetings of board
12‑255‑106
Employees - executive administrator
12‑255‑107
Powers and duties of the board - rules - definition
12‑255‑108
Advisory committee
12‑255‑109
Examination
12‑255‑110
Requirements for professional nurse licensure
12‑255‑111
Requirements for advanced practice registered nurse registration - legislative declaration - advanced practice registry - rules
12‑255‑111.5
Requirements for certified midwife licensure - license by endorsement - questionnaire - fees
12‑255‑112
Prescriptive authority - advanced practice registered nurses - certified midwives - limits on prescriptions - rules - financial benefit for prescribing prohibited
12‑255‑113
Professional liability insurance required - advanced practice registered nurses and certified midwives in independent practice - rules
12‑255‑114
Requirements for practical nurse licensure
12‑255‑115
Volunteer licensure - fees - questionnaire
12‑255‑116
Persons licensed under previous laws
12‑255‑117
Temporary licenses and permits
12‑255‑118
Approval of educational programs
12‑255‑118.5
Approved nurse aide training programs
12‑255‑119
Disciplinary procedures of the board - inquiry and hearings panels - mental and physical examinations - definitions - rules
12‑255‑120
Grounds for discipline - definitions
12‑255‑121
Withholding or denial of license - hearing - definitions
12‑255‑122
Inactive license status - reactivation
12‑255‑123
Immunity in professional review
12‑255‑124
Surrender of license
12‑255‑125
Unauthorized practice - penalties
12‑255‑126
Injunctive proceedings
12‑255‑127
Exclusions
12‑255‑128
Prescribing opiate antagonists
12‑255‑129
Continuing education - rules
12‑255‑130
Peer health assistance or alternative to discipline program - fund - rules
12‑255‑131
Delegation of nursing or midwifery tasks - rules
12‑255‑132
School nurses - over-the-counter medication
12‑255‑133
Licensee duties relating to assistance animals - definitions
12‑255‑133.5
Licensee duties related to medical forensic evidence
12‑255‑134
Repeal of article - subject to review
12‑255‑135
Confidential agreement to limit practice
12‑255‑201
Nurse aide certification program - department of public health and environment to assist - funding
12‑255‑202
Application for certification - fee
12‑255‑203
Application for certification by competency evaluation
12‑255‑204
Certification by endorsement
12‑255‑205
Certification by competency evaluation
12‑255‑206
Scope of practice - rules
12‑255‑207
Advisory committee
12‑255‑208
Medication aides - training - scope of duties - rules
12‑255‑209
Grounds for discipline
12‑255‑210
Withholding or denial of certification
12‑255‑211
Mental and physical competency of nurse aides
12‑255‑212
Disciplinary proceedings - hearing officers
12‑255‑213
Surrender of certificate
12‑255‑214
Exclusions
12‑255‑215
Unauthorized practice - penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 12-255-107’s source at colorado​.gov