2020 Colorado Revised Statutes
Title 12 - Professions And Occupations
Article 310. Surgical Assistants and Surgical Technologists
Section 12-310-105. Employers - requirements - references - legislative declaration definition.

(1) On and after April 1, 2011, an employer of a registrant shall:

1. Check the database to verify that the person is registered in the database before theperson may perform the duties specified in section 12-310-102 (4) or (5); and

2. Give the director written notice within two weeks after a disciplinary action or investigation that is based on conduct that constitutes a violation of this article 310. For purposes of this subsection (1)(b), "disciplinary action" includes termination or resignation of the registrant while under investigation or in lieu of investigation or disciplinary action. The director shall establish a notification form on the department's website.

(2) (a) The general assembly hereby finds, determines, and declares that sections 8-2110 and 8-2-111, which prohibit the maintenance or use of blacklists, were enacted to protect employees from retribution and harassment in the pursuit of their lawful activities. The general assembly further finds, determines, and declares that these prohibitions against blacklisting have in some instances been abused and have been used as a shield by persons responsible for drug violations or patient endangerment.

2. In response to a request by an employer, it shall not be unlawful nor a violation ofthe prohibitions against blacklisting specified in section 8-2-110 or 8-2-111 for an employer, when acting in good faith, to disclose information known about any involvement in drug diversion, drug tampering, patient abuse, violation of drug or alcohol policies, or crimes of violence, as listed in section 18-1.3-406 (2)(a), committed by a registrant who is an employee or former employee of the responding employer.

3. The provision of employment information pursuant to subsection (2)(b) of this section does not constitute a violation of the prohibition against blacklisting as provided in sections 8-2-110 and 8-2-111, nor does it constitute an unfair labor practice in violation of any provision of article 3 of title 8.

4. (I) An employer who provides information pursuant to this subsection (2) to a prospective employer of the registrant upon request of the prospective employer or the registrant is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure; except that this immunity does not apply when the registrant shows by a preponderance of the evidence both of the following:

1. The information disclosed by the current or former employer was false; and

2. The employer providing the information knew or reasonably should have known thatthe information was false.

(II) This subsection (2) applies to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with this subsection (2).

5. An employer or any officer, director, or employee thereof who discloses informationunder this subsection (2) shall be presumed to be acting in good faith unless it is shown by a preponderance of the evidence that the employer, officer, director, or employee intentionally or recklessly disclosed false information about the employee or former employee.

6. Nothing in this subsection (2) shall be construed to abrogate or contradict the provisions of part 1 of article 2 of title 8.

(3) An employer who requires a registrant applying for employment to submit to a drug test shall forward to the director any confirmed positive drug test results for a controlled substance that is not subject to a valid prescription.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1609, § 1, effective October 1.

Editor's note: This section is similar to former § 12-43.2-104 as it existed prior to 2019. 12-310-106. Grounds for discipline - disciplinary proceedings - judicial review. (1) The director may take disciplinary action against a registrant if the director finds that the registrant has represented himself or herself as a registered surgical assistant or technologist after the expiration, suspension, or revocation of his or her registration.

(2) The director may take disciplinary or other action as authorized in section 12-20-404 against, or issue a cease-and-desist order in accordance with section 12-20-405 to, a registrant in accordance with this section and section 12-20-403, upon proof that the registrant:

1. Has performed the duties of a surgical assistant or surgical technologist without being registered;

2. Has falsified information in an application or the database or has attempted to obtainor has obtained a registration by fraud, deception, or misrepresentation;

3. Has a substance use disorder, as defined in section 27-81-102; is an excessive orhabitual user or abuser of alcohol or habit-forming drugs; or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects;

4. Has a physical condition or disability, a behavioral, mental health, or substance usedisorder, or an intellectual and developmental disability that renders the registrant unable to perform his or her tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services;

5. Has violated or aided or abetted or knowingly permitted any person to violate thisarticle 310, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 310, or any lawful order of the director;

6. Had a registration, license, or certification suspended, revoked, or denied by anotherjurisdiction for actions that are a violation of this article 310;

7. Has been convicted of or pled guilty or nolo contendere to a misdemeanor related todrugs or alcohol or a felony. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.

8. Has fraudulently obtained, furnished, or sold any surgical assistant or surgical technologist diploma, certificate, registration, renewal of registration, or record or aided or abetted the act;

9. Has failed to notify the director of the suspension, revocation, or denial of the person's past or currently held license, certificate, or registration required to perform the duties of a surgical assistant or surgical technologist in this or any other jurisdiction;

10. Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-310-108; or

11. Has otherwise violated any provision of this article 310 or lawful order or rule of thedirector.

(3) (a) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.

(b) Upon the failure of a registrant to comply with any conditions imposed by the director pursuant to subsection (2) of this section, unless compliance is beyond the control of the registrant, the director may suspend the registration of the registrant until the registrant complies with the conditions of the director.

(4) (a) The director may commence a proceeding to discipline a registrant when the director has reasonable grounds to believe that the registrant has committed an act enumerated in this section or has violated a lawful order or rule of the director.

(b) In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 310.

5. Disciplinary proceedings shall be conducted in accordance with section 12-20-403 and article 4 of title 24. The director has the authority to exercise all powers and duties conferred by this article 310 during the disciplinary proceedings.

6. The director may seek an injunction in accordance with section 12-20-406 to enjoin aperson from committing an act prohibited by this article 310.

7. In accordance with article 4 of title 24, this article 310, and section 12-20-403, thedirector is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.

8. In addition to the persons specified in section 12-20-402, an employer who notifiesthe director pursuant to section 12-310-105 (1)(b) is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.

9. A final action of the director is subject to judicial review pursuant to section 12-20408.

10. The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

11. The director shall notify the chief medical officer of the department of public healthand environment within thirty days after taking action regarding conduct of a registrant that violates either this article 310 or any applicable requirement of title 25 and post a notice of the action on the division's website.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1611, § 1, effective October 1. L. 2020: (2)(c) amended, (SB 20-007), ch. 286, p. 1413, § 41, effective July 13.

Editor's note: This section is similar to former § 12-43.2-105 as it existed prior to 2019.