C.R.S. Section 12-30-108
Confidential agreement to limit practice

  • violation grounds for discipline

(1)

Intentionally left blank —Ed.

(a)

If a licensee, registrant, or certificate holder has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person’s profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder in a manner and within a period determined by the regulator.

(b)

The regulator may require the licensee, registrant, or certificate holder to submit to an examination or refer the licensee, registrant, or certificate holder to a peer health assistance program, if one exists, to evaluate the extent of the physical illness, physical condition, or behavioral or mental health disorder and its effect on the licensee’s, registrant’s, or certificate holder’s ability to practice with reasonable skill and safety to patients or clients.

(2)

Intentionally left blank —Ed.

(a)

Upon determining that a licensee, registrant, or certificate holder with a physical illness, physical condition, or behavioral or mental health disorder is able to render limited services with reasonable skill and safety to patients or clients, the regulator may enter into a confidential agreement with the licensee, registrant, or certificate holder in which the licensee, registrant, or certificate holder agrees to limit the person’s practice based on the restrictions imposed by the physical illness, physical condition, or behavioral or mental health disorder, as determined by the regulator.

(b)

As part of the agreement, the licensee, registrant, or certificate holder is subject to periodic reevaluations or monitoring as determined appropriate by the regulator. The regulator may refer the licensee, registrant, or certificate holder to a peer assistance health program, if one exists, for reevaluation or monitoring.

(c)

The parties may modify or dissolve the agreement as necessary based on the results of a reevaluation or of monitoring.

(3)

By entering into an agreement with the regulator pursuant to this section, the licensee, registrant, or certificate holder is not engaging in activities that constitute grounds for discipline. The agreement does not constitute a restriction or discipline by the regulator. However, if the licensee, registrant, or certificate holder fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes grounds for discipline or unprofessional conduct, as applicable, and the licensee, registrant, or certificate holder is subject to discipline in accordance with section 12-20-404 and the part or article of this title 12 that governs the particular profession or occupation.

(4)

Intentionally left blank —Ed.

(a)

This section does not apply to:

(I)

The following health-care professionals:

(A)

Repealed.

(B)

Hearing aid providers regulated pursuant to article 230 of this title 12;

(C)

Repealed.

(D)

Nurse aides regulated pursuant to article 255 of this title 12; or

(E)

Nursing home administrators regulated pursuant to article 265 of this title 12; or

(F)

to (H) Repealed.

(II)

A licensee, registrant, or certificate holder subject to discipline for habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5).

(b)

Repealed.

Source: Section 12-30-108 — Confidential agreement to limit practice - violation grounds for discipline, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑30‑101
Scope 12‑30‑102
Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - repeal 12‑30‑103
Solicitation of accident victims - waiting period - definitions 12‑30‑104
Health-care prescriber boards - disciplinary procedures - definitions 12‑30‑105
Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal 12‑30‑106
Health-care work force data collection 12‑30‑107
Mammography report - dense breast tissue - required notice 12‑30‑108
Confidential agreement to limit practice - violation grounds for discipline 12‑30‑109
Prescriptions - limitations - definition - rules 12‑30‑109.5
Prescription drugs for treatment of chronic pain - patients - prescribers - definitions 12‑30‑110
Prescribing or dispensing opiate antagonists - authorized recipients - definitions 12‑30‑111
Electronic prescribing of controlled substances - exceptions - rules - definitions 12‑30‑112
Health-care providers - required disclosures - balance billing - deceptive trade practice - rules - definitions 12‑30‑113
Out-of-network health-care providers - out-of-network services - billing - payment - deceptive trade practice 12‑30‑114
Demonstrated competency - opiate prescribers - rules - definition 12‑30‑115
Required disclosure to patients - conviction of or discipline based on sexual misconduct - signed agreement to treatment - exceptions - violation grounds for discipline - rules - definitions 12‑30‑116
Protection for administering medical marijuana at school 12‑30‑117
Acceptance of patients enrolled in standardized plan - acceptance of reimbursement rate requirements 12‑30‑118
Acceptance of transfers from home and birthing centers 12‑30‑119
Culturally relevant and affirming health-care training - health-care providers - grants - definition 12‑30‑120
Unprofessional conduct - grounds for discipline - offering medication abortion reversal - definitions - rules 12‑30‑121
Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions 12‑30‑122
Intimate examination of sedated or unconscious patient - informed consent required - definitions 12‑30‑201
Legislative declaration 12‑30‑202
Definitions 12‑30‑203
Use of professional review committees 12‑30‑204
Establishment of professional review committees - function - rules 12‑30‑205
Hospital professional review committees 12‑30‑206
Governing boards to register with division - annual reports - aggregation and publication of data - definition - rules 12‑30‑207
Immunity from liability 12‑30‑208
Conformance with federal law and regulation - legislative declaration - rules - limitations on liability - definition 12‑30‑209
Repeal of part - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 12-30-108’s source at colorado​.gov