C.R.S. Section 12-255-120
Grounds for discipline

  • definitions

(1)

“Grounds for discipline”, as used in this part 1, means any action by any person who:

(a)

Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

(b)

Intentionally left blank —Ed.

(I)

Has been convicted of a felony or any crime that would constitute a violation of this part 1.

(II)

Intentionally left blank —Ed.

(A)

For purposes of this subsection (1)(b), “convicted” includes entering a plea of guilty or nolo contendere or imposing a deferred sentence.

(B)

A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be prima facie evidence of the conviction.

(c)

Has acted in a manner inconsistent with the health or safety of persons under his or her care;

(d)

Has had a license to practice nursing, practice as a certified midwife, or practice any other health-care occupation suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.

(e)

Has violated or has aided or knowingly permitted any person to violate any provision of this part 1 or an applicable provision of article 20 or 30 of this title 12;

(f)

Has practiced nursing or as a certified midwife in a manner that fails to meet generally accepted standards for the practice of nursing or as a certified midwife, as applicable;

(g)

Has violated any order or rule of the board pertaining to nursing practice, practice as a certified midwife, or licensure;

(h)

Has falsified or in a negligent manner made incorrect entries or failed to make essential entries on patient records;

(i)

Excessively or habitually uses or abuses or has engaged in excessive or habitual use or abuse of alcohol, a habit-forming drug, a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects; except that the board has the discretion not to discipline the licensee if the licensee is participating in good faith in a program approved by the board designed to end the excessive or habitual use or abuse;

(j)

Has failed to:

(I)

Notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that affects the person’s ability to practice nursing or as a certified midwife with reasonable skill and safety to patients or that may endanger the health or safety of individuals under the person’s care;

(II)

Act within the limitations created by a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that renders the person unable to practice nursing or as a certified midwife with reasonable skill and safety to patients or that may endanger the health or safety of individuals under the person’s care; or

(III)

Comply with the limitations agreed to under a confidential agreement entered into pursuant to section 12-30-108;

(k)

Has violated the confidentiality of information or knowledge as prescribed by law concerning any patient;

(l)

Has engaged in any conduct that would constitute a crime as defined in title 18 and that relates to the person’s employment as a practical or professional nurse or as a certified midwife. In conjunction with any disciplinary proceeding pertaining to this subsection (1)(l), the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(m)

Intentionally left blank —Ed.

(I)

Has violated abuse of health insurance pursuant to section 18-13-119; or

(II)

Has advertised 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)

Has engaged in any of the following activities and practices:

(I)

Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies;

(II)

The administration, without clinical justification, of treatment that is demonstrably unnecessary;

(III)

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

(IV)

Ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of nursing or as a certified midwife as interpreted by the board;

(o)

Has committed a fraudulent insurance act, as defined in section 10-1-128;

(p)

Has prescribed, distributed, or given to himself or herself or a family member any controlled substance as defined in part 2 of article 18 of title 18 or as contained in schedule II of 21 U.S.C. sec. 812, except for medical marijuana lawfully recommended and obtained pursuant to the laws of the state of Colorado;

(q)

Has dispensed, injected, or prescribed an anabolic steroid, as defined in section 18-18-102 (3), for the purpose of 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;

(r)

Has dispensed or injected an anabolic steroid, as defined in section 18-18-102 (3), unless the anabolic steroid is dispensed from a pharmacy pursuant to a written prescription or is dispensed by any person licensed to practice medicine in the course of the person’s professional practice;

(s)

Has administered, dispensed, or prescribed 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, which includes the recommendation, administration, or dispensation of medical marijuana;

(t)

Has been disciplined by another state, territory, or country based upon an act or omission that is defined substantially the same as a ground for discipline pursuant to this subsection (1);

(u)

Willfully fails to respond in a materially factual and timely manner to a complaint issued pursuant to section 12-255-119 (3);
(v)
Has failed to accurately complete and submit to the board the designated questionnaire upon renewal of a license pursuant to section 12-255-110 (3), 12-255-111.5 (4), 12-255-114 (3), or 12-255-115 (7);

(w)

Intentionally left blank —Ed.

(I)

Represents oneself to an individual or to the general public by use of any word or abbreviation to indicate or induce others to believe that he or she is a licensed practical or professional nurse unless the person is actually licensed as a practical nurse or professional nurse, respectively;

(II)

Uses the title “nurse”, “registered nurse”, “R.N.”, “practical nurse”, “trained practical nurse”, “licensed vocational nurse”, “licensed practical nurse”, or “L.P.N.” unless the person is licensed by the board as a professional or practical nurse, as applicable;

(III)

Represents oneself to an individual or to the general public by use of any word or abbreviation to indicate or induce others to believe that the person is a certified midwife unless the person is actually licensed as a certified midwife; or

(IV)

Uses the title “certified midwife” or the abbreviation “C.M.” unless the person is licensed by the board as a certified midwife;
(x)
Practices as a practical or professional nurse or as a certified midwife during a period when the person’s license has been suspended, revoked, or placed on inactive status pursuant to section 12-255-122;

(y)

Sells or fraudulently obtains or furnishes a license to practice as a nurse or certified midwife or aids or abets in such act;

(z)

Has failed to report to the board, within thirty days after a final conviction, that the person has been convicted of a crime, as defined in title 18;

(aa)

Fails to maintain professional liability insurance in accordance with section 12-255-113;

(bb)

Repealed.

(cc)

Engaged in a sexual act with a patient during the course of patient care or within six months immediately following the termination of the person’s professional relationship with the patient. As used in this subsection (1)(cc), “sexual act” means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.

(dd)

Has failed to notify the board, in writing and within thirty days after a judgment or settlement is entered, of a final judgment by a court of competent jurisdiction against the licensee for malpractice of nursing or as a certified midwife or a settlement by the licensee in response to charges or allegations of malpractice of nursing or as a certified midwife and, in the case of a judgment, has failed to include in the notice the name of the court, the case number, and the names of all parties to the action;

(ee)

Fails to report to the board, within thirty days after an adverse action, that an adverse action has been taken against the person by another licensing agency in another state or jurisdiction; a peer review body; a health-care institution; a professional, nursing, or certified midwife 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 255;

(ff)

Fails to report to the board, within thirty days, the surrender of a license or other authorization to practice nursing or as a certified midwife in another state or jurisdiction or the surrender of membership on any nursing or certified midwife staff or in any nursing, certified midwife, 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 255;

(gg)

Is diverting or has diverted a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects from the person’s place of employment; or

(hh)

Has been convicted of an offense under section 18-13-131. For purposes of this subsection (1)(hh), “convicted” includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.

Source: Section 12-255-120 — Grounds for discipline - definitions, 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

§ 12-255-120’s source at colorado​.gov