C.R.S. Section 12-255-212
Disciplinary proceedings

  • hearing officers

(1)

The board may employ hearing officers as authorized in section 12-20-403 (3).

(2)

A proceeding for discipline of a certified nurse aide may be commenced when the board has reasonable grounds to believe that a nurse aide certified by the board has committed acts that may violate the provisions of this part 2.

(3)

The license of a person certified by the board as a nurse aide may be revoked or the person may otherwise be disciplined pursuant to section 12-20-404 upon written findings by the board that the licensee has committed acts that violate the provisions of this part 2.

(4)

No later than thirty days after the date of the board’s action, the board shall send a notice to a certified nurse aide disciplined under subsection (3) of this section, to the most recent address the certified nurse aide provided to the board, notifying the certified nurse aide of the action taken, the specific charges giving rise to the action, and the certified nurse aide’s right to request a hearing on the action taken.

(5)

Within thirty days after the board sends the notification, the certified nurse aide may file a written request with the board for a hearing on the action taken. Upon receipt of the request, the board shall grant a hearing to the certified nurse aide. If the certified nurse aide fails to file a written request for a hearing within thirty days, the action of the board shall be final on that date.

(6)

Disciplinary proceedings shall be conducted in the manner prescribed by article 4 of title 24 and section 12-20-403.

(7)

Failure of the certified nurse aide to appear at the hearing without good cause shall be deemed a withdrawal of the certified nurse aide’s request for a hearing, and the board’s action shall be final on that date. Failure, without good cause, of the board to appear at the hearing shall be deemed cause to dismiss the proceeding.

(8)

Intentionally left blank —Ed.

(a)

No previously issued certificate to engage in practice as a nurse aide shall be revoked or suspended except under the procedure set forth in this section, except in emergency situations as provided by section 24-4-104.

(b)

The denial of an application to renew an existing certificate shall be treated in all respects as a revocation.

(9)

A person providing documents subpoenaed pursuant to section 12-20-403 (2) shall prepare them from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but the patient shall be identified by a numbered code to be retained by the custodian of the records from which the copies were made. Upon certification of the custodian that the copies are true and complete except for the patient’s name, the copies shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. A privilege of confidentiality does not exist with respect to the copies, and liability does not lie against the board or the custodian or the custodian’s authorized employee for furnishing or using the copies in accordance with this subsection (9).

(10)

The board may issue and send a confidential letter of concern to a certificate holder under the circumstances specified in section 12-20-404 (5).

(11)

An employer of a nurse aide shall report to the board any disciplinary action taken against the nurse aide or any resignation in lieu of a disciplinary action for conduct that constitutes a violation of this part 2.

(12)

Except when a decision to proceed with a disciplinary action has been agreed upon by a majority of the board or its designee and notice of formal complaint is drafted and served on the licensee by first-class mail, any investigations, examinations, hearings, meetings, or any other proceedings of the board related to discipline that are conducted pursuant to this section are exempt from the open records provisions of article 72 of title 24 requiring that the proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to this section be open to public inspection.

(13)

The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

Source: Section 12-255-212 — Disciplinary proceedings - hearing officers, 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

§ 12-255-212’s source at colorado​.gov