C.R.S. Section 12-255-210
Withholding or denial of certification

(1)

If the board determines that an applicant for an initial certificate to practice as a nurse aide does not possess the qualifications specified in section 12-255-203 or 12-255-204, that section 12-255-209 (1)(l) is applicable, or that there is reasonable cause to believe that the applicant has committed any of the acts set forth in section 12-255-209 as grounds for discipline, the board may deny the applicant a certificate. When the board denies a certificate, it shall comply with the following procedures:

(a)

The provisions of section 24-4-104 shall apply, and the board shall provide the applicant with a written statement that sets forth the basis for the board’s determination.

(b)

If the applicant requests a hearing pursuant to section 24-4-104 (9), the following applies:

(I)

An applicant whose certification has been denied on the basis of a lack of qualifications has the burden of proof to show that the applicant possesses the qualifications required under this part 2.

(II)

For an applicant whose certification has been denied on the basis of reasonable cause to believe that grounds for discipline exist, the board has the burden of proof to show the commission of acts constituting grounds for discipline under this part 2.

(c)

If a hearing is conducted, the board shall affirm, modify, or reverse its prior determination and action in accordance with the findings resulting from the hearing.

(d)

If an applicant who has requested a hearing pursuant to section 24-4-104 (9) fails to appear at the hearing, absent a determination by the board that there was good cause for the failure to appear, the board may affirm its prior action of withholding certification without conducting a hearing on the matter.

(e)

If the board withholds certification without a hearing in accordance with this section, the board is immune from suit concerning the withholding unless it has acted unreasonably or has failed to act in good faith.

Source: Section 12-255-210 — Withholding or denial of certification, 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

§ 12-255-210’s source at colorado​.gov