Colorado § 12-240-130 - Renewal, reinstatement, reactivation - delinquency - fees - questionnaire.

§ 12-240-130. Renewal, reinstatement, reactivation - delinquency - fees - questionnaire.

(1) All licenses issued pursuant to this article 240 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). The director shall increase renewal fees consistent with section 12-30-105 (4) to cover the division's costs in administering and staffing the nurse-physician advisory task force for Colorado health care created in section 12-30-105 (1) and any additional costs associated with implementing continuing education requirements for physicians pursuant to section 12-240-130.5. A person whose license has expired is subject to the penalties provided in this article 240 or section 12-20-202 (1).

(2) (a) The board shall design a questionnaire to accompany the renewal form for the purpose of determining whether a licensee has acted in violation of this article 240 or has been disciplined for any action that might be considered a violation of this article 240 or that might make the licensee unfit to practice medicine with reasonable care and safety. The board shall include on the questionnaire a question regarding whether:

(I) The licensee has complied with section 12-30-111;

(II) The licensee is in compliance with section 12-280-403 (2)(a) and is aware of the penalties for failing to comply with that section; and

(III) Repealed.

(IV) The licensee is in compliance with section 12-240-130.5 relating to required continuing medical education and is aware of the penalties for failing to comply with that section.

(b) If an applicant fails to answer the questionnaire accurately, the failure constitutes unprofessional conduct under section 12-240-121 (1)(t).

(c) The questionnaire must not require the disclosure of personal medical or health information that is not relevant to the licensee's ability at the time of renewal to provide safe, competent, and ethical patient care, as determined by a peer health assistance program designated as a provider by the board.

(d) The questionnaire must not include questions seeking information about past health-related conditions listed in section 12-30-108 (1)(a) that do not impact a licensee's ability to practice safe, competent, and ethical patient care at the time of renewal.

(3) Repealed.

(4) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.

(5) Repealed.

(6) On and after January 1, 2026, as a condition of renewal, reinstatement, or reactivation of a license, each licensee or applicant shall attest that the licensee or applicant is in compliance with section 12-240-130.5 and that the licensee or applicant is aware of the penalties for noncompliance with that section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1206, § 1, effective October 1; (2) amended, (SB 19-079), ch. 86, p. 319, § 21, effective October 1. L. 2022: (2) amended and (4) added, (HB 22-1115), ch. 397, p. 2825, § 3, effective August 10. L. 2024: (1) and (2)(a) amended, (3) repealed, and (5) and (6) added, (HB 24-1153), ch. 385, p. 2624, § 1, effective August 7. L. 2025: (2)(c) and (2)(d) added, (HB 25-1176), ch. 336, p. 1773, § 4, effective August 6. L. 2026: (2)(a)(II) amended and (2)(a)(III) and (5) repealed, (SB 26-138), ch. 308, p. 1774, § 16, effective August 12.

Editor's note: (1) This section is similar to former § 12-36-123 as it existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-079. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.

Cross references: For the legislative declaration in HB 25-1176, see section 1 of chapter 336, Session Laws of Colorado 2025. For the legislative declaration in SB 26-138, see section 1 of chapter 308, Session Laws of Colorado 2026.

ANNOTATION

Annotator's note. Since § 12-36-123 is similar to repealed CSA, C. 109, § 11, a relevant case construing that provision has been included in the annotations to this section.

The failure of the doctor to pay a small annual registration fee has a very remote and disconnected relation to the promotion of morals, safety, general welfare or the public health. Lipset v. Davis, 119 Colo. 335, 203 P.2d 730 (1949).

When a complete forfeiture of a physician's license is predicated on nonpayment of the annual registration fee, and new conditions of eligibility for reinstatement, far beyond the payment of the delinquent fees, are attempted to be imposed, such regulation is harsh, unwarranted and unreasonable, and therefore invalid, for if good and sufficient cause exists to deprive a doctor of the right to practice his profession, and that cause or disqualification bears a fair relation to the public health, safety, morals or welfare, there is ample authority under section 12-36-118 to accomplish a revocation of his license. Lipset v. Davis, 119 Colo. 335, 203 P.2d 730 (1949).