Colorado § 12-215-118 - Disciplinary proceedings.

§ 12-215-118. Disciplinary proceedings.

(1) The board, through the department, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article 215 or on any matter within the board's jurisdiction upon the conditions and terms the board may determine.

(2) A proceeding for the discipline of a licensee may be commenced when the board has reasonable grounds to believe that a licensee under the board's jurisdiction has committed an act that may violate section 12-215-115.

(3) Disciplinary proceedings and hearings shall be conducted in the manner prescribed by article 4 of title 24 and section 12-20-403.

(4) A previously issued license to engage in the practice of chiropractic shall not be revoked or suspended until after a hearing conducted pursuant to section 24-4-105, except in the case of a deliberate and willful violation of this article 215 or if the public health, safety, and welfare require emergency action under section 24-4-104 (4). The denial of an application to renew an existing license shall be treated in all respects as a revocation. If an application for a new license is denied, the applicant, within sixty days after the giving of notice of such action, may request a hearing as provided in section 24-4-105.

(5) (a) A person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare them from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but he or she shall identify the patient by a numbered code, to be retained by the custodian of the records from which the copies were made.

(b) Upon certification of the custodian that the copies are true and complete except for the patient's name, they shall be deemed authentic, subject to the right to subpoena the originals for the limited purpose of ascertaining the accuracy of the copies. The originals shall remain confidential and be returned to the custodian as soon as the accuracy of the copy is ascertained or as soon as the case is concluded if the original is needed as evidence of falsification. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board or the custodian for furnishing or using the copies in accordance with this subsection (5).

(6) If a licensee has committed an act that violates section 12-215-115, the board shall take disciplinary or other action as specified in section 12-20-404 or otherwise discipline a licensee as provided for in this article 215. A revoked or suspended license may thereafter be reissued by the board. The board may dismiss or terminate probation prior to the completion of the probationary period.

(7) The board may send a letter of admonition by certified mail or email to a chiropractor against whom a complaint was made under the circumstances specified in and in accordance with section 12-20-404 (4) and shall also send a copy of the letter of admonition to the person making the complaint.

(8) Notwithstanding other laws to the contrary, investigations, examinations, meetings, and other proceedings of the board conducted pursuant to this section are not required to be conducted publicly, and minutes of the board need not be open to public inspection; except that final action of the board taken pursuant to this section shall be open to the public.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1071, § 1, effective October 1. L. 2026: (7) amended, (HB 26-1324), ch. 328, p. 1909, § 14, effective August 12.

Editor's note: This section is similar to former § 12-33-119 as it existed prior to 2019.

ANNOTATION

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

Disciplinary procedures under this section invoke application of the State Administrative Procedures Act (APA). Bd. of Chiropractic Exam'rs v. Stjernholm, 935 P.2d 959 (Colo. 1997).

Board acted properly. There is nothing in the record to indicate that the board denied the chiropractic practitioner any constitutional right or privilege, acted in excess of its statutory authority or jurisdiction, or acted improperly, arbitrarily, or capriciously. Bernie v. State Bd. of Chiropractic Exam'rs, 36 Colo. App. 229, 538 P.2d 1345 (1975).

Board of chiropractic examiners only has authority to suspend a license summarily in situations involving an emergency, despite the APA's provision allowing summary suspension for either a deliberate or willful violation or an emergency situation, since the more specific statutory provision relating to a particular agency controls. Stjernholm v. Bd. of Chiropractic Exam'rs, 865 P.2d 853 (Colo. App. 1993).