Colorado § 25-3.5-1305 - License - application - inspection - record check - issuance - definition.

§ 25-3.5-1305. License - application - inspection - record check - issuance - definition.

(1) A community integrated health-care service agency license expires after one year. The department shall determine the form and manner of initial and renewal license applications.

(2) (a) The department shall inspect an agency as it deems necessary to ensure the health, safety, and welfare of agency patients or clients. An agency shall submit in writing, in a form and manner prescribed by the department, a plan detailing the measures that the agency will take to correct violations found by the department as a result of an inspection.

(b) The department shall keep all medical records and personally identifying information obtained during an inspection of an agency confidential. All records and information obtained by the department through an inspection are exempt from disclosure pursuant to sections 24-72-204, C.R.S., and 25-1-124.

(3) (a) (I) With the submission of an application for a license pursuant to this section, each owner, manager, and administrator of an agency applying for an initial or renewal license shall submit a complete set of the owner's, manager's, or administrator's fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The Colorado bureau of investigation shall forward the results of a criminal history record check to the department.

(II) Each owner, manager, or administrator of an agency is responsible for paying the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau.

(III) The department may acquire a name-based judicial record check, performed using state judicial department records, for an owner, manager, or administrator.

(IV) When the results of a fingerprint-based criminal history record check of an individual performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require that individual to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

(b) (I) The department may deny a license or renewal of a license if the results of a record check of an owner, manager, or administrator demonstrates that the owner, manager, or administrator has been convicted of a felony or a misdemeanor involving conduct that the department determines could pose a risk to the health, safety, or welfare of community integrated health-care service patients or clients.

(II) As used in this subsection (3)(b), "convicted" includes an entry of a plea of guilty or nolo contendere.

(c) If an agency applying for an initial license is temporarily unable to satisfy all of the requirements for licensure, the department may issue a provisional license to the agency; except that the department shall not issue a provisional license to an agency if operation of the agency will adversely affect the health, safety, or welfare of the agency's patients or clients. The department may require an agency applying for a provisional license to demonstrate to the department's satisfaction that the agency is taking sufficient steps to satisfy all of the requirements for full licensure. A provisional license is valid for ninety days and may be renewed one time at the department's discretion.

Source: L. 2016: Entire part added, (SB 16-069), ch. 260, p. 1069, § 4, effective June 8. L. 2019: (3)(a)(IV) added, (HB 19-1166), ch. 125, p. 553, § 39, effective April 18. L. 2022: (3)(a)(III), (3)(a)(IV), and (3)(b) amended, (HB 22-1270), ch. 114, p. 527, § 41, effective April 21. L. 2025: (3)(a)(III) and (3)(a)(IV) amended, (SB 25-146), ch. 342, p. 1856, § 9, effective June 2; (2)(a), (3)(a)(I), (3)(b), and (3)(c) amended, (SB 25-192), ch. 324, p. 1700, § 5, effective August 6.