Colorado § 12-30-201 - Legislative declaration.

§ 12-30-201. Legislative declaration.

(1) The general assembly hereby finds, determines, and declares that the Colorado medical board created in article 240 of this title 12 and the state board of nursing created in article 255 of this title 12 act for the state in their sovereign capacity to govern licensure, discipline, and professional review of persons licensed to practice medicine, persons licensed as physician assistants, advanced practice registered nurses, and certified midwives, respectively, in this state. The general assembly further finds, determines, and declares that:

(a) The authority to provide health care in this state is a privilege granted by the legislative authority of the state; and

(b) It is necessary for the health, safety, and welfare of the people of this state that the appropriate regulatory boards exercise their authority to protect the people of this state from unauthorized practice and unprofessional conduct by persons licensed to provide health care under article 240 of this title 12 and part 1 of article 255 of this title 12.

(2) The general assembly recognizes that:

(a) Many patients of persons licensed to provide health care in this state have restricted choices of health-care providers under a variety of circumstances and conditions;

(b) Many patients lack the knowledge, experience, or education to properly evaluate the quality of medical, nursing, or certified midwife practice or the professional conduct of persons licensed to practice medicine, persons licensed as physician assistants, advanced practice registered nurses, and certified midwives; and

(c) It is necessary and proper that the respective regulatory boards exercise their regulatory authority to protect the health, safety, and welfare of the people of this state.

(3) The general assembly recognizes that, in the proper exercise of their authority and responsibilities under this part 2, the Colorado medical board and the state board of nursing must, to some extent, replace competition with regulation, and that the replacement of competition by regulation, particularly with regard to persons licensed under article 240 of this title 12, to advanced practice registered nurses, or to certified midwives, is related to a legitimate state interest in the protection of the health, safety, and welfare of the people of this state.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 777, § 1, effective October 1. L. 2020: (1)(b) amended, (HB 20-1183), ch. 157, p. 697, § 42, effective July 1. L. 2023: IP(1), (2)(b), and (3) amended, (SB 23-167), ch. 261, p. 1534, § 32, effective May 25.

Editor's note: This section is similar to former § 12-36.5-101 as it existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

The Colorado professional review act should not be interpreted to include the federal counterpart statute's presumption that professional review activities are undertaken for the purpose of assuring quality care and patient safety. N. Colo. Med. Ctr. v. Comm. on Anticomp., 914 P.2d 902 (Colo. 1996).

A member of a professional review committee and a governing body that makes the final decision may participate in both the investigation and decision making process. N. Colo. Med. Ctr., Inc. v. Nicholas, 27 P.3d 828 (Colo. 2001).