2016 Colorado Revised Statutes
Title 12 - Professions and Occupations
Article 37 - Direct-Entry Midwives
§ 12-37-108.5. Confidential agreement to limit practice - violation - grounds for discipline
(1) If a registered direct-entry midwife has a physical or mental illness or condition that renders him or her unable to practice direct-entry midwifery with reasonable skill and safety to clients, the registrant shall notify the director of the illness or condition in a manner and within a period determined by the director. The director may require the registrant to submit to an examination to evaluate the extent of the illness or condition and its impact on the registrant's ability to practice direct-entry midwifery with reasonable skill and safety to clients.
(2) (a) Upon determining that a registrant with a physical or mental illness or condition is able to render limited services with reasonable skill and safety to clients, the director may enter into a confidential agreement with the registrant in which the registrant agrees to limit his or her practice based on the restrictions imposed by the illness or condition, as determined by the director.
(b) As part of the agreement, the registrant is subject to periodic reevaluations or monitoring as determined appropriate by the director.
(c) The parties may modify or dissolve the agreement as necessary based on the results of a reevaluation or monitoring.
(3) By entering into an agreement with the director pursuant to this section to limit his or her practice, a registrant is not engaging in activities that are grounds for discipline under section 12-37-107 (3). The agreement does not constitute a restriction or discipline by the director. However, if the registrant fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes a ground for discipline pursuant to section 12-37-107 (3) (n), and the registrant is subject to discipline in accordance with section 12-37-107.
(4) This section does not apply to a registrant who is subject to discipline for engaging in activities as described in section 12-37-107 (3) (f).
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