2016 Colorado Revised Statutes
Title 12 - Professions and Occupations
Health Care
Article 37 - Direct-Entry Midwives
§ 12-37-109. Assumption of risk - no vicarious liability - legislative declaration - professional liability insurance required - repeal

(1) (a) It is the policy of this state that registrants shall be liable for their acts or omissions in the performance of the services that they provide, and that no licensed physician, nurse, prehospital emergency medical personnel, or health care institution shall be liable for any act or omission resulting from the administration of services by any registrant. This subsection (1) does not relieve any physician, nurse, prehospital emergency personnel, or health care institution from liability for any willful and wanton act or omission or any act or omission constituting gross negligence, or under circumstances where a registrant has a business or supervised relationship with any such physician, nurse, prehospital emergency personnel, or health care institution. A physician, nurse, prehospital emergency personnel, or health care institution may provide consultation or education to the registrant without establishing a business or supervisory relationship, and is encouraged to accept referrals from registrants pursuant to this article.

(b) (Deleted by amendment, L. 2011, (SB 11-088), ch. 283, p. 1268, § 12, effective July 1, 2011.)

(2) (Deleted by amendment, L. 2011, (SB 11-088), ch. 283, p. 1268, § 12, effective July 1, 2011.)

(3) (a) If the director finds that liability insurance is available at an affordable price, registrants shall be required to carry such insurance.

(b) (I) The executive director of the department of regulatory agencies shall convene a working group to investigate ways of managing risks in the practice of midwifery. The working group shall consist of individuals with expertise in risk management and knowledge of the practice of midwifery. The working group shall assess potential mechanisms for managing risks, including methods for mitigating liability; professional liability insurance; the creation and operation of a joint underwriting authority; a risk retention group; letters of credit; and posting surety bonds or other financial instruments or arrangements that could be used to satisfy a claim based on professional negligence.

(II) The working group shall report its findings to the executive director by October 1, 2016. The executive director shall provide the report and any recommendations for legislation to the health, insurance, and environment committee of the house of representatives and the health and human services committee of the senate by November 1, 2016.

(III) This paragraph (b) is repealed, effective December 1, 2016.