2016 Colorado Revised Statutes
Title 12 - Professions and Occupations
Health Care
Article 41.5 - Respiratory Therapy Practice Act
§ 12-41.5-109.7. Confidential agreement to limit practice - violation - grounds for discipline

(1) If a respiratory therapist has a physical or mental illness or condition that renders the person unable to practice respiratory therapy with reasonable skill and safety to clients, the respiratory therapist 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 respiratory therapist to submit to an examination to evaluate the extent of the illness or condition and its effect on the respiratory therapist's ability to practice respiratory therapy with reasonable skill and safety to clients.

(2) (a) Upon determining that a respiratory therapist 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 respiratory therapist in which the respiratory therapist 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 respiratory therapist is subject to periodic reevaluation 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 of monitoring.

(3) By entering into an agreement with the director pursuant to this section to limit his or her practice, a respiratory therapist is not engaging in activities that are grounds for discipline pursuant to section 12-41.5-109. The agreement does not constitute a restriction or discipline by the director. However, if the respiratory therapist fails to comply with the terms of the agreement, the failure constitutes a prohibited activity pursuant to section 12-41.5-109 (2) (i), and the respiratory therapist is subject to discipline in accordance with section 12-41.5-109.

(4) This section does not apply to a respiratory therapist subject to discipline for prohibited activities as described in section 12-41.5-109 (2) (h).