2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 30. Provisions Applicable to Health Care Professions and Occupations
Section 12-30-202. Definitions.
As used in this part 2, unless the context otherwise requires:
"Advanced practice registered nurse" has the same meaning as set forth in section12-255-104 (1).
"Authorized entity" means a corporation, organization, or entity that is authorized toestablish a professional review committee under section 12-30-204 (5) or (6) or under rules of the medical board or nursing board adopted pursuant to section 12-30-204 (6).
"CMS" means the federal centers for medicare and medicaid services.
"Governing board" means a board, board of trustees, governing board, or other body,or duly authorized subcommittee thereof, of an authorized entity, which board or body has final authority pursuant to the entity's written bylaws, policies, or procedures to take final action regarding the recommendations of a professional review committee.
"Joint Commission" means the Joint Commission or its successor entity.
"Medical board" means the Colorado medical board created in section 12-240-105
(1).
(6.5) "Original source document" means any separate written document created or prepared in the ordinary course of business that is not otherwise privileged or confidential, including electronic records and electronic communications, containing factual information relating solely to the individual patient in interest in a civil action that is not created or prepared as part of the professional review activities or created by or at the direction of a professional review committee.
"Professional review committee" means any committee authorized under this part 2 to review and evaluate the competence of, professional conduct of, or the quality and appropriateness of patient care provided by, any person licensed under article 240 of this title 12 or an advanced practice registered nurse. "Professional review committee" includes a governing board, a hearing panel appointed by a governing board to conduct a hearing under section 12-30204 (8)(a), and an independent third party designated by a governing board under section 12-30204 (9)(b).
(a) "Records" means any and all written, electronic, or oral communications by any person arising from any activities of a professional review committee, including a governing board, established by an authorized entity under this part 2 or by the agent or staff thereof, including any:
Letters of reference;
Complaint, response, or correspondence related to the complaint or response;
Interviews or statements, reports, memoranda, assessments, and progress reportsdeveloped to assist in professional review activities;
Assessments and progress reports to assist in professional review activities, including reports and assessments developed by independent consultants in connection with professional review activities; and
Recordings or transcripts of proceedings, minutes, formal recommendations, decisions, exhibits, and other similar items or documents related to professional review activities and typically constituting the records of administrative proceedings.
(b) "Records" does not include any written, electronic, or oral communications by any person that are otherwise available from a source outside the scope of professional review activities, including medical records and other health information, incident reports prepared in the ordinary course of business, and relevant hospital or facility policies, procedures, and protocols, or other original source documents.
(9) "State board of nursing" or "nursing board" means the state board of nursing created in section 12-255-105.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 778, § 1, effective October 1; (6.5) added and (8)(b) amended, (SB 19-234), ch. 181, p. 2053, § 7, effective October 1.
Editor's note: (1) This section is similar to former § 12-36.5-102 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-234. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-234, chapter 181, Session Laws of Colorado 2019.
