Colorado § 25-3.5-317 - License - application - inspection - criminal history record check - issuance - investigation - definitions.

§ 25-3.5-317. License - application - inspection - criminal history record check - issuance - investigation - definitions.

(1) An ambulance service license expires after two years. The department shall determine the form and manner of initial and renewal license applications.

(2) (a) To ensure the health, safety, and welfare of ambulance service patients, the department shall inspect an ambulance service, including all vehicles used in providing the ambulance service, in accordance with this part 3 and board rules adopted by the board pursuant to this part 3 and as the department deems necessary. If the department finds one or more violations as a result of an inspection, the ambulance service shall submit to the department in writing, in the form and manner determined by the department, a plan detailing the measures that the ambulance service will take to correct the violations found.

(b) The department shall keep confidential all medical records and personally identifying information obtained during an inspection of an ambulance service.

(3) (a) (I) When submitting an application for a license pursuant to this section, or within ten days after a change in owner or operator of an ambulance service, each owner or operator of an ambulance service shall submit a complete set of the owner's or operator's fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks.

(II) Each owner or operator of an ambulance service 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) 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) The department may deny a license or renewal of a license if the results of a criminal history record check of an owner or operator demonstrate that the owner or operator 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 ambulance service patients.

(c) (I) If an ambulance service 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 ambulance service; except that the department shall not issue a provisional license to an ambulance service if operation of the ambulance service will adversely affect the health, safety, or welfare of the ambulance service's patients.

(II) The department may require an ambulance service applying for a provisional license to demonstrate to the department's satisfaction that the ambulance service 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.

(4) (a) In investigating alleged violations of this part 3 or rules adopted pursuant to this part 3, the department may administer oaths to, or take affirmations of, witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant records and documents.

(b) Upon the failure of a witness to comply with a subpoena, the department may apply to a district court for an order requiring the person to appear before the department or an administrative law judge, to produce the relevant records or documents, or to give testimony or evidence related to the matter under investigation. When applying for a district court order, the department shall apply to the district court of the county in which the subpoenaed person resides or conducts business. The court may punish a failure to comply with a subpoena issued by the department as a contempt of court.

(5) A person acting as a witness or consultant to the department, a witness testifying, or a person, including an employer, that reports misconduct to the department under this section is immune from liability in any civil action brought for acts occurring while testifying, producing evidence, or reporting misconduct under this section if the person was acting in good faith and with a reasonable belief of the facts testified to, produced as part of evidence, or reported.

(6) All records, documents, testimony, or evidence obtained pursuant to this section remains confidential except to the extent necessary to support the administrative action taken by the department, to refer the matter to another local government, state, or federal agency with regulatory authority, or to refer the matter to a law enforcement agency for criminal prosecution.

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

(a) "Operator" means an individual designated by an ambulance service as responsible for the day-to-day operations of the ambulance service.

(b) "Owner" means an officer, director, general partner, limited partner, or other individual with a financial or equity ownership interest of fifty percent or more of an ambulance service.

Source: L. 2022: Entire section added, (SB 22-225), ch. 291, p. 2096, § 4, effective June 1. L. 2025: (3)(a)(III) and (7) added, (SB 25-146), ch. 342, p. 1856, § 8, effective June 2.