C.R.S. Section 12-30-206
Governing boards to register with division

  • annual reports
  • aggregation and publication of data
  • definition
  • rules

(1)

As used in this section, “adversely affecting” has the same meaning as set forth in 45 CFR 60.3; except that it does not include a precautionary suspension or any professional review action affecting, for a period of thirty or fewer days, a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife.

(2)

Each governing board that establishes or uses one or more professional review committees to review the practice of persons licensed under article 240 of this title 12, of advanced practice registered nurses, or of certified midwives shall:

(a)

Register with the division in a form satisfactory to the division on or before July 1, 2013, if the governing board has one or more existing professional review committees, or, if the governing board first establishes a professional review committee on or after July 1, 2013, within thirty days after approving the written bylaws, policies, or procedures for the professional review committee;

(a.5)

Update the governing board’s information, as specified by the division by rule in accordance with subsection (4)(a) of this section, with the division annually, including whether the governing board is currently engaged in a professional review activity or intends to engage in a professional review activity in the future;

(b)

In addition to any other state or federal reporting requirements:

(I)

Report annually to the medical board, in a form satisfactory to the medical board, the number of final professional review actions in each of the following categories relating to individuals licensed under article 240 of this title 12:

(A)

Adversely affecting the individual;

(B)

In which an authorized entity accepted the individual’s surrender of clinical privileges, membership, or affiliation while the individual was under investigation;

(C)

In which an authorized entity accepted the individual’s surrender of clinical privileges, membership, or affiliation in return for not conducting an investigation; and

(D)

In which the professional review committee made recommendations regarding the individual following a hearing pursuant to section 12-30-204 (8)(d);

(II)

Report annually to the nursing board, in a form satisfactory to the nursing board, the number of final professional review actions in each of the following categories relating to advanced practice registered nurses and certified midwives:

(A)

Adversely affecting the individual;

(B)

In which an authorized entity accepted the individual’s surrender of clinical privileges, membership, or affiliation while the individual was under investigation;

(C)

In which an authorized entity accepted the individual’s surrender of clinical privileges, membership, or affiliation in return for not conducting an investigation; and

(D)

In which the professional review committee made recommendations regarding the individual following a hearing pursuant to section 12-30-204 (8)(d);

(c)

Intentionally left blank —Ed.

(I)

Report to the division, in a de-identified manner, on its professional review activities during the immediately preceding calendar year in a form satisfactory to the division. These reports must include aggregate data, which is limited to the following:

(A)

The number of investigations completed during the year;

(B)

The number of investigations that resulted in no action;

(C)

The number of investigations that resulted in written involuntary requirements for improvement sent to the subject of the investigation by the authorized entity; and

(D)

The number of investigations that resulted in written agreements for improvement between the subject of the investigation and the authorized entity.

(II)

Intentionally left blank —Ed.

(A)

The medical board and the nursing board shall forward the reports received pursuant to subsections (2)(b)(I) and (2)(b)(II) of this section, respectively, to the division in a de-identified manner.

(B)

The division shall not publish any information identifying the governing board or authorized entity making a report under subsection (2)(b) of this section or this subsection (2)(c), and the reports and information are not public records under the “Colorado Open Records Act”, part 2 of article 72 of title 24.

(III)

Reports submitted pursuant to this subsection (2)(c) must include only investigations in which no final action adversely affecting the subject of the investigation was taken or recommended.

(IV)

The identity of the governing board reporting the data and the data reported pursuant to this subsection (2)(c) or subsection (2)(b) of this section may be known to the division.

(3)

Intentionally left blank —Ed.

(a)

The division shall publish the data provided pursuant to subsections (2)(b) and (2)(c) of this section in aggregate form and without individually identifiable information concerning the governing board, the authorized entity, or any person who was subject to review and is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife.

(b)

The division shall maintain and shall publish online, through its website, a current list of all governing boards that are registered in accordance with this section and that otherwise are in compliance with this part 2.

(4)

The division:

(a)

Shall adopt rules to:

(I)

Implement this section;

(II)

Determine the de-identified information regarding investigations and outcomes a governing board is required to report; and

(III)

Establish a process to remove a governing board from the registry when the governing board is no longer required to register with the division pursuant to this section; and

(b)

May collect a reasonable registration fee to recover its direct and indirect costs of administering the registration and publication systems required by this section.

(5)

For purposes of this section, an investigation occurs when the authorized entity or its professional review committee notifies the subject of the investigation in writing that an investigation has commenced.

(6)

The medical board and the nursing board shall not initiate an investigation or issue a subpoena based solely on the data reported pursuant to subsection (2)(c) of this section.

(7)

Intentionally left blank —Ed.

(a)

A governing board that fails to register with the division pursuant to subsection (2)(a) of this section is not entitled to any immunity afforded under this part 2 until the date that the governing board so registers. A governing board’s failure to register does not affect any immunity, confidentiality, or privilege afforded to an individual participating in professional review activities.

(b)

A governing board’s failure to report as required by this section does not affect any immunity, confidentiality, or privilege afforded to the governing board under this part 2.

Source: Section 12-30-206 — Governing boards to register with division - annual reports - aggregation and publication of data - definition - rules, 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

§ 12-30-206’s source at colorado​.gov