Colorado § 12-240-120 - Refusal of license - issuance subject to probation.

§ 12-240-120. Refusal of license - issuance subject to probation.

(1) The board may refrain from issuing a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:

(a) Does not possess the qualifications required by this article 240;

(b) Has engaged in unprofessional conduct, as defined in section 12-240-121;

(c) Has been disciplined in another state or foreign jurisdiction with respect to the applicant's license to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant;

(d) Has not actively practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant for the two-year period immediately preceding the filing of an application, or otherwise maintained continued competency during that period, as determined by the board; or

(e) Has not completed required continuing medical education pursuant to section 12-240-130.5.

(2) For purposes of this section, "discipline" includes any matter that must be reported pursuant to 45 CFR 60.8 and is substantially similar to unprofessional conduct, as defined in section 12-240-121.

(3) An applicant whose application is denied or whose license is granted subject to terms of probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a license that is subject to terms of probation, the acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1190, § 1, effective October 1. L. 2024: (1)(c) and (1)(d) amended and (1)(e) added, (HB 24-1153), ch. 385, p. 2630, § 5, effective August 7.

Editor's note: This section is similar to former § 12-36-116 as it existed prior to 2019.

ANNOTATION

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

Failure of the board to make specific findings is not prejudicial to an applicant for a license to practice, where the application was dismissed "on the ground that the board was not satisfied that he possessed the qualifications required by the statute to entitle him to a license". State Bd. of Med. Exam'rs v. Brown, 70 Colo. 116, 198 P. 274 (1921).

Board has wide discretion in deciding whether to deny a license, and decision shall be upheld if it was related to the applicant's conduct and abilities, was not an abuse of discretion, and was not manifestly excessive in relation to the needs of the public. Hall v. State Bd. of Med. Exam'rs, 876 P.2d 77 (Colo. App. 1994).