Colorado § 12-240-146 - Interstate compact - powers and duties of the board - rules - definitions.

§ 12-240-146. Interstate compact - powers and duties of the board - rules - definitions.

(1) As used in this section:

(a) "Adverse action" has the meaning set forth in section 24-60-4702.

(b) "Commission" means the PA licensure compact commission created in section 24-60-4702.

(c) "Compact" means the physician assistant licensure compact authorized in part 47 of article 60 of title 24.

(d) "Compact privilege" has the meaning set forth in section 24-60-4702.

(e) "Data system" has the meaning set forth in section 24-60-4702.

(f) "Investigative information" has the meaning set forth in section 24-60-4702.

(g) "Licensee" has the meaning set forth in section 24-60-4702.

(h) "Licensing board" has the meaning set forth in section 24-60-4702.

(i) "Medical services" has the meaning set forth in section 24-60-4702.

(j) "Participating state" means a state that has enacted the compact.

(k) "Significant investigative information" has the meaning set forth in section 24-60-4702.

(2) In addition to any powers and duties specified in the compact for participating states, the board has the following powers and duties with regard to the compact:

(a) To facilitate Colorado's participation in the compact;

(b) To comply with the rules of the commission;

(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;

(d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact;

(e) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee;

(f) To require a licensee to submit to a fingerprint-based criminal history record check in accordance with the following:

(I) The applicant must pay the costs associated with the fingerprint-based criminal history record check;

(II) After submitting an application for a compact privilege, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(III) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.

(IV) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(V) The Colorado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a compact privilege.

(VI) The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a participating state, or other state licensing boards.

(g) To grant a compact privilege to a licensee of a participating state in accordance with the terms of the compact and to charge a fee to individuals applying for the compact privilege;

(h) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and

(i) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.

(3) A physician assistant providing medical services to a patient in Colorado pursuant to the compact is subject to the requirements of sections 12-240-107 (6) and 12-240-114.5 and, if the physician assistant is practicing podiatry, section 12-290-117.

Source: L. 2024: Entire section added, (SB 24-018), ch. 194, p. 1187, § 2, effective August 7.