C.R.S. Section 12-30-121
Legally protected health-care activity

  • prohibit adverse action against regulated professionals and applicants
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Civil judgment” means a final court decision and order resulting from a civil lawsuit or a settlement in lieu of a final court decision.

(b)

“Criminal judgment” means a guilty verdict, a plea of guilty, a plea of nolo contendere, pretrial diversion, or a deferred judgment or sentence resulting from criminal charges or criminal proceedings or the dismissal of charges or the decision not to prosecute charges.

(c)

“Gender-affirming health-care services” means all supplies, care, and services of a medical, behavioral health, mental health, psychiatric, habilitative, surgical, therapeutic, diagnostic, preventive, rehabilitative, or supportive nature relating to the treatment of gender dysphoria.

(d)

“Legally protected health-care activity” means seeking, providing, receiving, or referring for; assisting in seeking, providing, or receiving; or providing material support for or traveling to obtain gender-affirming health-care services or reproductive health care that is not unlawful in this state, including on any theory of vicarious, joint, several, or conspiracy liability. As it relates to the provision of or referral for gender-affirming health-care services or reproductive health by a health-care provider licensed in this state and physically present in this state, the services and care are considered a “legally protected health-care activity” if the service or care is lawful in this state, regardless of the patient’s location.

(e)

“Reproductive health care” means health care and other medical services related to the reproductive processes, functions, and systems at all stages of life. It includes, but is not limited to, family planning and contraceptive care; gender-affirming health-care services; abortion care; prenatal, postnatal, and delivery care; fertility care; sterilization services; and treatments for sexually transmitted infections and reproductive cancers.

(2)

A regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against an individual’s license, certificate, or registration based solely on:

(a)

The applicant’s, licensee’s, certificant’s, or registrant’s provision of, or assistance in the provision of, a legally protected health-care activity in this state or any other state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;

(b)

A civil judgment or criminal judgment against the applicant, licensee, certificant, or registrant arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or any other state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;

(c)

A professional disciplinary action or any other sanction against or suspension, revocation, surrender, or relinquishment of the applicant’s, licensee’s, certificant’s, or registrant’s professional license, certification, or registration in this state or any other state or United States territory, so long as:

(I)

The professional disciplinary action is based solely on the applicant’s, licensee’s, certificant’s, or registrant’s provision of, or assistance in the provision of, a legally protected health-care activity; and

(II)

The care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;

(d)

The applicant’s, licensee’s, certificant’s, or registrant’s own personal effort to seek or engage in a legally protected health-care activity in this state or any other state or United States territory; or

(e)

A civil or criminal judgment against the applicant, licensee, certificant, or registrant arising from the individual’s own personal legally protected health-care activity in this state or any other state or United States territory.

Source: Section 12-30-121 — Legally protected health-care activity - prohibit adverse action against regulated professionals and applicants - definitions, 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

§ 12-30-121’s source at colorado​.gov