Colorado § 12-30-104 - Health-care prescriber boards - disciplinary procedures - definitions.

§ 12-30-104. Health-care prescriber boards - disciplinary procedures - definitions.

(1) As used in this section, unless the context otherwise requires:

(a) "Health-care prescriber board" or "board" means:

(I) The Colorado podiatry board created in section 12-290-105;

(II) The Colorado dental board created in section 12-220-105;

(III) The Colorado medical board created in section 12-240-105;

(IV) The state board of nursing created in section 12-255-105;

(V) The state board of optometry created in section 12-275-107; and

(VI) The state board of veterinary medicine created in section 12-315-106.

(b) "Licensee" means an individual who is licensed or otherwise regulated by a board.

(2) Except as specified in subsection (4) of this section, notwithstanding any other provision of law in title 24 or this title 12, each health-care prescriber board shall:

(a) Within fifteen days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of the complainant's patient records pursuant to sections 25-1-801 and 25-1-802;

(b) If an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct, provide the complainant, within thirty days after the action, with written notice of the action taken by the board;

(c) If a complaint is still pending after six months, notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law; and

(d) Update its website within thirty days after suspending or revoking a license to separately list each licensee subject to the suspension or revocation.

(3) If patient records are potentially relevant to resolution of a complaint against a licensee and the licensee is the custodian of the records, the licensee shall provide the board with the patient records within thirty days after the board requests the records.

(4) If any provision of article 4 of title 24, part 1 of article 255 of this title 12, or article 220, 240, 275, 290, or 315 of this title 12 is more protective of complainants' rights or results in a more expeditious resolution of disciplinary proceedings than a corresponding provision of this section, that provision applies rather than the corresponding provision of this section.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 766, § 1, effective October 1. L. 2020: (4) amended, (HB 20-1183), ch. 157, p. 697, § 38, effective July 1.

Editor's note: This section is similar to former § 24-34-112 as it existed prior to 2019.