C.R.S. Section 12-255-121
Withholding or denial of license

  • hearing
  • definitions

(1)

Intentionally left blank —Ed.

(a)

The board is empowered to determine summarily whether:

(I)

An applicant for a license or a temporary license to practice as a nurse or as a certified midwife possesses the qualifications required by this part 1;

(II)

There is probable cause to believe that an applicant for a license or temporary license has done any of the acts set forth in section 12-255-120 as grounds for discipline; or

(III)

The applicant for a license or temporary license has had a license to practice nursing, practice as a certified midwife, or practice any other health-care occupation revoked by any legally authorized board.

(b)

As used in this section:

(I)

“Applicant” includes a nurse or certified midwife seeking reinstatement or reactivation of a license pursuant to section 12-255-122, but does not include a renewal applicant.

(II)

“Legally authorized board” means a board created pursuant to the laws of this state or of another state for the purpose of licensing or otherwise authorizing a person to engage in a health-care occupation. The term includes any governmental entity charged with licensing or other oversight of persons engaged in a health-care occupation.
(2)(a)(I) If the board determines that an applicant does not possess the qualifications for licensure required by this part 1, that probable cause exists to believe that an applicant for a license or temporary license has done any of the acts set forth in section 12-255-120, or that an applicant for a license or temporary license has had a nursing, certified midwife, or other health-care occupation license revoked by another legally authorized board, the board may withhold or deny the applicant a license under this part 1.

(II)

The board may deny a license or temporary license to practice as a nurse or as a certified midwife to any applicant during the time the applicant’s license is under suspension in another state.

(III)

The board may deny a license or may grant a license subject to terms of probation if the board determines that an applicant for a license has not actively practiced practical or professional nursing, has not actively practiced as a certified midwife, or has not otherwise maintained continued competency, as determined by the board, during the two years immediately preceding the application for licensure under this part 1.

(b)

If the board denies a license to an applicant pursuant to subsection (2)(a) of this section, the provisions of section 24-4-104 (9) apply. Upon the denial, the board shall provide the applicant with a statement in writing setting forth the following:

(I)

The basis of the board’s determination that the applicant:

(A)

Does not possess the qualifications required by this part 1;

(B)

Has had a nursing, certified midwife, or other health-care occupation license revoked or suspended by another legally authorized board; or

(C)

Has not actively practiced practical or professional nursing, has not actively practiced as a certified midwife, or has not maintained continued competency during the previous two years; or

(II)

The factual basis for probable cause that the applicant has done any of the acts set forth in section 12-255-120.

(c)

Intentionally left blank —Ed.

(I)

If the board denies a nursing license to an applicant on the grounds that the applicant’s nursing or other health-care occupation license was revoked by another legally authorized board, the board may require the applicant to pass a written examination as provided in section 12-255-109 as a prerequisite to licensure. The applicant shall not be allowed to take the written examination until at least two years after the revocation of the nursing or other health-care occupation license.

(II)

If the board denies a certified midwife license to an applicant on the grounds that the applicant’s certified midwife license was revoked by another legally authorized board, the board may require the applicant to obtain recertification from the American Midwifery Certification Board, or its successor entity, as a prerequisite to licensure. The applicant shall not be allowed to obtain licensure pursuant to this subsection (2)(c)(II) until at least two years after the applicant’s certified midwife license was revoked.

(3)

If the applicant requests a hearing pursuant to the provisions of section 24-4-104 (9) and fails to appear without good cause at the hearing, the board may affirm its prior action of withholding or denial without conducting a hearing.

(4)

Following a hearing, the board shall affirm, modify, or reverse its prior action in accordance with its findings at the hearing.

(5)

No action shall lie against the board for the withholding or denial of a license or temporary license without a hearing in accordance with the provisions of this section if the board acted reasonably and in good faith.

(6)

Intentionally left blank —Ed.

(a)

At the hearing, the applicant has the burden of proof to show that:

(I)

The applicant possesses the qualifications required for licensure under this part 1;

(II)

The applicant’s nursing, certified midwife, or other health-care occupation license was not revoked by another legally authorized board; or

(III)

The applicant has actively practiced practical or professional nursing, has actively practiced as a certified midwife, or has maintained continued competency during the two years prior to application for a license under this part 1.

(b)

The board shall have the burden of proof to show commission of acts set forth in section 12-255-120.

Source: Section 12-255-121 — Withholding or denial of license - hearing - 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

§ 12-255-121’s source at colorado​.gov