Colorado § 12-255-121 - Withholding or denial of license - hearing - definitions.

§ 12-255-121. Withholding or denial of license - hearing - definitions.

(1) (a) The board is empowered to determine summarily whether:

(I) An applicant for a license or a temporary license to practice as a nurse or as a certified midwife possesses the qualifications required by this part 1;

(II) There is probable cause to believe that an applicant for a license or temporary license has done any of the acts set forth in section 12-255-120 as grounds for discipline; or

(III) The applicant for a license or temporary license has had a license to practice nursing, practice as a certified midwife, or practice any other health-care occupation revoked by any legally authorized board.

(b) As used in this section:

(I) "Applicant" includes a nurse or certified midwife seeking reinstatement or reactivation of a license pursuant to section 12-255-122, but does not include a renewal applicant.

(II) "Legally authorized board" means a board created pursuant to the laws of this state or of another state for the purpose of licensing or otherwise authorizing a person to engage in a health-care occupation. The term includes any governmental entity charged with licensing or other oversight of persons engaged in a health-care occupation.

(2) (a) (I) If the board determines that an applicant does not possess the qualifications for licensure required by this part 1, that probable cause exists to believe that an applicant for a license or temporary license has done any of the acts set forth in section 12-255-120, or that an applicant for a license or temporary license has had a nursing, certified midwife, or other health-care occupation license revoked by another legally authorized board, the board may withhold or deny the applicant a license under this part 1.

(II) The board may deny a license or temporary license to practice as a nurse or as a certified midwife to any applicant during the time the applicant's license is under suspension in another state.

(III) The board may deny a license or may grant a license subject to terms of probation if the board determines that an applicant for a license has not actively practiced practical or professional nursing, has not actively practiced as a certified midwife, or has not otherwise maintained continued competency, as determined by the board, during the two years immediately preceding the application for licensure under this part 1.

(b) If the board denies a license to an applicant pursuant to subsection (2)(a) of this section, the provisions of section 24-4-104 (9) apply. Upon the denial, the board shall provide the applicant with a statement in writing setting forth the following:

(I) The basis of the board's determination that the applicant:

(A) Does not possess the qualifications required by this part 1;

(B) Has had a nursing, certified midwife, or other health-care occupation license revoked or suspended by another legally authorized board; or

(C) Has not actively practiced practical or professional nursing, has not actively practiced as a certified midwife, or has not maintained continued competency during the previous two years; or

(II) The factual basis for probable cause that the applicant has done any of the acts set forth in section 12-255-120.

(c) (I) If the board denies a nursing license to an applicant on the grounds that the applicant's nursing or other health-care occupation license was revoked by another legally authorized board, the board may require the applicant to pass a written examination as provided in section 12-255-109 as a prerequisite to licensure. The applicant shall not be allowed to take the written examination until at least two years after the revocation of the nursing or other health-care occupation license.

(II) If the board denies a certified midwife license to an applicant on the grounds that the applicant's certified midwife license was revoked by another legally authorized board, the board may require the applicant to obtain recertification from the American Midwifery Certification Board, or its successor entity, as a prerequisite to licensure. The applicant shall not be allowed to obtain licensure pursuant to this subsection (2)(c)(II) until at least two years after the applicant's certified midwife license was revoked.

(3) If the applicant requests a hearing pursuant to the provisions of section 24-4-104 (9) and fails to appear without good cause at the hearing, the board may affirm its prior action of withholding or denial without conducting a hearing.

(4) Following a hearing, the board shall affirm, modify, or reverse its prior action in accordance with its findings at the hearing.

(5) No action shall lie against the board for the withholding or denial of a license or temporary license without a hearing in accordance with the provisions of this section if the board acted reasonably and in good faith.

(6) (a) At the hearing, the applicant has the burden of proof to show that:

(I) The applicant possesses the qualifications required for licensure under this part 1;

(II) The applicant's nursing, certified midwife, or other health-care occupation license was not revoked by another legally authorized board; or

(III) The applicant has actively practiced practical or professional nursing, has actively practiced as a certified midwife, or has maintained continued competency during the two years prior to application for a license under this part 1.

(b) The board shall have the burden of proof to show commission of acts set forth in section 12-255-120.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1349, § 1, effective October 1. L. 2020: (1)(a), (2)(a)(I), (2)(a)(III), (2)(b)(I)(A), (6)(a)(I), and (6)(a)(III) amended, (HB 20-1183), ch. 157, p. 682, § 20, effective July 1; (2)(a)(II), (2)(a)(III), IP(2)(b), and (2)(c) amended, (HB 20-1216), ch. 190, p. 879, § 25, effective July 1. L. 2023: (1)(a), (1)(b)(I), (2), and (6)(a) amended, (SB 23-167), ch. 261, p. 1524, § 12, effective May 25.

Editor's note: (1) This section is similar to former § 12-38-118 as it existed prior to 2019.

(2) Amendments to subsection (2)(a)(III) by HB 20-1183 and HB 20-1216 were harmonized.

Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.