C.R.S. Section 25-3-103.5
Nondiscrimination

  • hospital surgical privileges
  • hospital rules and regulations

(1)

The bylaws of any hospital licensed pursuant to the provisions of part 3 of this article or established pursuant to section 32-1-1003, C.R.S., which does not limit staff privileges to employees or contracting physicians of such hospital, shall include provisions for the use of the facility by, and staff privileges for, duly licensed doctors of medicine, osteopathy, dentistry, and podiatry within the scope of their respective licenses. Such bylaws shall not discriminate on the basis of the staff member’s holding a degree of doctor of medicine, doctor of osteopathy, doctor of dental science, or doctor of podiatric medicine within the scope of their respective licensure. Provision shall be made in the bylaws for the right to pursue and practice full surgical privileges for holders of a degree of doctor of medicine, doctor of osteopathy, doctor of dental science, or doctor of podiatric medicine within the scope of their respective licensure. Such rights and privileges may be limited or restricted upon the basis of an individual practitioner’s demonstrated training, experience, current competence, professional ethics, health status, or failure to abide by the hospital’s rules, regulations, and procedures.

(2)

Nothing in this section shall be construed to require a hospital to offer a specific service or services not otherwise offered or to buy, construct, or renovate facilities, to purchase equipment, hire additional staff, or to comply with other requirements of law concerning its planning, financing, or operation. If a health service is offered, the hospital shall not discriminate between persons holding a degree of doctor of medicine, doctor of osteopathy, or doctor of podiatric medicine who are authorized by law to perform such services.

(3)

A hospital may require the coadmittance by a medical doctor or doctor of osteopathy for any patient admitted for surgical treatment by a podiatrist or dentist. The responsibility for obtaining such coadmittance shall be that of the podiatrist or dentist admitting said patient and not of the hospital. Patients admitted for podiatric or dental care shall receive the same basic medical appraisal as patients admitted for other services. Such appraisal shall include an admission history and physical examination by a medical doctor, doctor of osteopathy, or qualified, hospital-credentialed and -privileged podiatrist, who is either on the medical staff or approved by the medical staff of such hospital. The findings of such appraisal shall be recorded on the patient’s medical record. The admitting podiatrist or dentist shall be responsible for that part of the history and examination that is related to podiatry or dentistry. The medical doctor or doctor of osteopathy shall be responsible for the treatment of any medical problem that may be present on admission or arise during hospitalization of such podiatric or dental patient. Such doctor shall evaluate the general medical condition of the podiatric or dental patient and determine, after consultation if necessary, the overall risk of the pending surgical treatment to the patient’s health.

(4)

Within one hundred eighty days after May 25, 1983, the governing body of every hospital subject to the provisions of part 3 of this article or established pursuant to section 32-1-1003, C.R.S., which does not limit staff privileges to employees or contracting physicians of such hospital, shall provide in its bylaws reasonable standards and procedures to be applied by such hospital and its staff in considering and acting upon applications for staff membership or privileges by a person holding a Colorado license to practice as a doctor of medicine, doctor of osteopathic medicine, podiatrist, or dentist in conformance with the requirements of any national accrediting body to which the hospital subscribes. Such standards and procedures shall be available for public inspection and shall be based on an applicant’s individual training, experience, current competence, professional ethics, health status, and the hospital’s rules of professional conduct applied equally to all persons holding a Colorado license to practice as a doctor of medicine, doctor of osteopathic medicine, podiatrist, or dentist.

(5)

Hospital rules and regulations shall be reasonable, necessary, and applied in good faith equally and in a nondiscriminatory manner to all staff members, or applicants seeking to become staff members, holding a degree of doctor of medicine, doctor of osteopathic medicine, doctor of dental science, or doctor of podiatric medicine.

Source: Section 25-3-103.5 — Nondiscrimination - hospital surgical privileges - hospital rules and regulations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑3‑100.5
Definitions 25‑3‑101
Hospitals - health facilities - licensed - definitions 25‑3‑102
License - application - issuance - certificate of compliance required - rules 25‑3‑102.1
Deemed status for certain facilities 25‑3‑102.5
Nursing facilities - consumer satisfaction survey - pilot survey 25‑3‑103
License denial or revocation - provisional license - rules 25‑3‑103.1
Health facilities general licensure cash fund 25‑3‑103.5
Nondiscrimination - hospital surgical privileges - hospital rules and regulations 25‑3‑103.7
Employment of physicians - when permissible - conditions - definitions - repeal 25‑3‑104
Reports 25‑3‑105
License - fee - rules - performance incentive system - penalty 25‑3‑106
Unincorporated associations 25‑3‑107
Disciplinary actions reported to Colorado medical board or podiatry board 25‑3‑108
Receivership 25‑3‑109
Quality management functions - confidentiality and immunity 25‑3‑110
Emergency contraception - definitions 25‑3‑111
Authentication of verbal orders - hospital policies or bylaws 25‑3‑113
Health-care facility stakeholder forum - creation - membership - duties 25‑3‑115
Stroke advisory board - creation - membership - duties - report - definition - repeal 25‑3‑116
Department recognition of national certification - suspension or revocation of recognition 25‑3‑117
Heart attack database - hospitals to report data on heart attack care 25‑3‑118
Hospital off-campus location - obtain and use unique NPI - definitions 25‑3‑119
Freestanding emergency departments - required notices - disclosures - rules - definitions 25‑3‑120
Regulation of surgical smoke - requirement to adopt a policy - definitions - applicability 25‑3‑121
Health-care facilities - emergency and nonemergency services - required disclosures - balance billing - deceptive trade practice - rules - definitions 25‑3‑122
Out-of-network facilities - emergency medical services - billing - payment - deceptive trade practice 25‑3‑123
Mental health facility pilot program - establishment - rules - definitions 25‑3‑124
Food donations to nonprofit organizations encouraged 25‑3‑125
Visitation rights - hospital patients - residents in nursing care facilities or assisted living residences - limitations - definitions - short title 25‑3‑126
Health facilities - requirements related to labor and childbirth - rules - definitions 25‑3‑127
Emergency room intake data - marijuana use - annual report 25‑3‑128
Hospitals - nurses, nurse aides, and EMS providers - staffing requirements - enforcement - waiver - rules - definitions 25‑3‑129
Office of saving people money on health care - study - report 25‑3‑130
Intimate examination of sedated or unconscious patient - informed consent required - rules - definitions 25‑3‑301
Establishment of public hospital 25‑3‑302
Board of trustees 25‑3‑303
Organization of trustees 25‑3‑304
Trustees - powers and duties 25‑3‑304.5
Hospital collaborative agreements - additional powers 25‑3‑305
Vacancies - removal for cause 25‑3‑306
Right of eminent domain 25‑3‑307
Building requirements 25‑3‑308
Improvements, operations, or enlargements 25‑3‑309
Hospital fees 25‑3‑310
Rules and regulations 25‑3‑311
Donations permitted 25‑3‑312
Training school for nurses 25‑3‑313
Lease of hospital 25‑3‑314
Charge for professional services 25‑3‑315
Records of hospital 25‑3‑401
Department to administer plan 25‑3‑403
Department to administer federal mental health construction funds 25‑3‑601
Definitions 25‑3‑602
Health facility reports - advisory committee - creation - duties 25‑3‑603
Department reports 25‑3‑604
Privacy 25‑3‑605
Confidentiality 25‑3‑606
Penalties 25‑3‑607
Regulatory oversight 25‑3‑701
Short title 25‑3‑703
Hospital report card - rules - exemption 25‑3‑704
Fees 25‑3‑705
Health-care charge transparency - hospital charge report - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 25-3-103.5’s source at colorado​.gov