2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 30. Provisions Applicable to Health Care Professions and Occupations
Section 12-30-206. Governing boards to register with division - annual reports aggregation and publication of data - definition - rules.

(1) As used in this section, "adversely affecting" has the same meaning as set forth in 45 CFR 60.3; except that it does not include a precautionary suspension or any professional review action affecting, for a period of thirty or fewer days, a person licensed under article 240 of this title 12 or an advanced practice nurse.

(2) Each governing board that establishes or uses one or more professional review committees to review the practice of persons licensed under article 240 of this title 12 or of advanced practice nurses shall:

(a) Register with the division in a form satisfactory to the division on or before July 1, 2013, if the governing board has one or more existing professional review committees, or, if the governing board first establishes a professional review committee on or after July 1, 2013, within thirty days after approving the written bylaws, policies, or procedures for the professional review committee;

(a.5) Update the governing board's information, as specified by the division by rule in accordance with subsection (4)(a) of this section, with the division annually, including whether the governing board is currently engaged in a professional review activity or intends to engage in a professional review activity in the future;

(b) In addition to any other state or federal reporting requirements:

(I) Report annually to the medical board, in a form satisfactory to the medical board, the number of final professional review actions in each of the following categories relating to individuals licensed under article 240 of this title 12:

1. Adversely affecting the individual;

2. In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation while the individual was under investigation;

3. In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation in return for not conducting an investigation; and

4. In which the professional review committee made recommendations regarding theindividual following a hearing pursuant to section 12-30-204 (8)(d);

(II) Report annually to the nursing board, in a form satisfactory to the nursing board, the number of final professional review actions in each of the following categories relating to advanced practice nurses:

1. Adversely affecting the individual;

2. In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation while the individual was under investigation;

3. In which an authorized entity accepted the individual's surrender of clinical privileges, membership, or affiliation in return for not conducting an investigation; and

4. In which the professional review committee made recommendations regarding theindividual following a hearing pursuant to section 12-30-204 (8)(d);

(c) (I) Report to the division, in a de-identified manner, on its professional review activities during the immediately preceding calendar year in a form satisfactory to the division.

These reports must include aggregate data, which is limited to the following:

1. The number of investigations completed during the year;

2. The number of investigations that resulted in no action;

3. The number of investigations that resulted in written involuntary requirements forimprovement sent to the subject of the investigation by the authorized entity; and

4. The number of investigations that resulted in written agreements for improvementbetween the subject of the investigation and the authorized entity.

(II) (A) The medical board and the nursing board shall forward the reports received pursuant to subsections (2)(b)(I) and (2)(b)(II) of this section, respectively, to the division in a de-identified manner.

(B) The division shall not publish any information identifying the governing board or authorized entity making a report under subsection (2)(b) of this section or this subsection (2)(c), and the reports and information are not public records under the "Colorado Open Records Act", part 2 of article 72 of title 24.

3. Reports submitted pursuant to this subsection (2)(c) must include only investigations in which no final action adversely affecting the subject of the investigation was taken or recommended.

4. The identity of the governing board reporting the data and the data reported pursuant to this subsection (2)(c) or subsection (2)(b) of this section may be known to the division.

(3) (a) The division shall publish the data provided pursuant to subsections (2)(b) and (2)(c) of this section in aggregate form and without individually identifiable information concerning the governing board, the authorized entity, or any person who was subject to review and is licensed under article 240 of this title 12 or is an advanced practice nurse.

(b) The division shall maintain and shall publish online, through its website, a current list of all governing boards that are registered in accordance with this section and that otherwise are in compliance with this part 2.

(4) The division:

(a) Shall adopt rules to:

1. Implement this section;

2. Determine the de-identified information regarding investigations and outcomes a governing board is required to report; and

3. Establish a process to remove a governing board from the registry when the governing board is no longer required to register with the division pursuant to this section; and

(b) May collect a reasonable registration fee to recover its direct and indirect costs of administering the registration and publication systems required by this section.

5. For purposes of this section, an investigation occurs when the authorized entity or itsprofessional review committee notifies the subject of the investigation in writing that an investigation has commenced.

6. The medical board and the nursing board shall not initiate an investigation or issue asubpoena based solely on the data reported pursuant to subsection (2)(c) of this section.

7. (a) A governing board that fails to register with the division pursuant to subsection

(2)(a) of this section is not entitled to any immunity afforded under this part 2 until the date that the governing board so registers. A governing board's failure to register does not affect any immunity, confidentiality, or privilege afforded to an individual participating in professional review activities.

(b) A governing board's failure to report as required by this section does not affect any immunity, confidentiality, or privilege afforded to the governing board under this part 2.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 787, § 1, effective October 1; (2)(a.5) and (2)(c)(IV) added and (4) amended, (SB 19-234), ch. 181, p. 2055, § 9, effective October 1.

Editor's note: (1) This section is similar to former § 12-36.5-104.6 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.