Current through Register Vol. 47, No. 17, September 10, 2024
A.
BASIS: The authority for the promulgation of these rules and
regulations by the State Board of Nursing is set forth in sections
12-20-204(1),
12-255-107(1)(j),
12-255-120(1)(b) and
(z),
12-255-209(1)(b) and
(u), and
12-295-111(1)(b),
C.R.S.
B.
PURPOSE: The
purpose of these rules and regulations is to set forth the requirements and
procedures of reporting convictions for Nurse Aides, Psychiatric Technicians,
Practical Nurses, Professional Nurses, and Certified Midwives in the State of
Colorado.
C.
REPORTING
CONVICTIONS
1. Any individual licensed
or certified pursuant to sections
12-255-104 (3.2), 12-255-104(3.3),
12-295-103(4), 12-255-104(7) and (11), C.R.S., shall inform the Board, in a
manner set forth by the Board, within thirty days of the following occurrences
in the case of a licensed individual, and within forty-five days of the
following occurrences in the case of a certified individual:
a. The conviction of the certificate holder
or licensee of a crime as defined in Title 18 of the Colorado Revised
Statutes.
b. For purposes of these
Rules: a conviction includes a plea of guilty or a plea of nolo contendere (no
contest), accepted by the court, or the imposition of a deferred
judgment/sentence.
2. The
notice to the Board shall include the following information:
a. The Court;
b. The Jurisdiction;
c. The case name;
d. The case number:
e. A description of the matter or a copy of
the indictment of charges; and
f.
Terms of sentence given upon conviction.
3. The Board may initiate a complaint
pursuant to sections
12-255-119 and
12-255-212, C.R.S.
4. This Rule applies to any conviction or
plea as described in Section (C)(1) of Rule 1.16 that occurred on or after
October 1, 2008.
D.
REPORTING JUDGMENTS, SETTLEMENTS, ADVERSE ACTIONS, AND SURRENDERS
1. Any individual licensed pursuant to
sections 12-295-103(4),
12-255-104(7) and
(11), C.R.S., shall report to the Board in
writing, in a manner set forth by the Board, within thirty days of the
following occurrences:
a. A final judgment or
settlement in a court of competent jurisdiction regarding allegations of
malpractice of nursing
b. An
adverse action taken against the individual by another licensing agency in
another jurisdiction, a peer review body, a health care institution, a
professional or nursing or Certified Midwife society or association, a
governmental agency, an law enforcement agency, or a court for acts or conduct
that would constitute grounds for disciplinary or adverse action as described
in Article 255, C.R.S.
c. The
surrender of a license or other authorization to practice nursing or as a
Certified Midwife in another jurisdiction or the surrender of membership on any
nursing staff or professional nursing association or society, which surrender
occurs while the individual is under investigation by any of such organizations
or authorities for acts or conduct similar to acts or conduct that would
constitute grounds for action as described in Article 255, C.R.S.
2. The reports described in
section D(1) of Rule 1.16 shall include the following information:
a. If the reportable event concerns a
judgment or settle regarding allegations of malpractice, the court, the
jurisdiction, the case name, the case number, a description of the matter, or a
copy of the complaint, and a copy of the verdict, the court decision, or, if
settled, the court's order of dismissal.
b. If the reportable event is adverse action
taken by an entity reference above, the name of the entity, its jurisdiction,
the case name, the docket or proceeding or case number by which it is
designated, a description of the matter, or a copy of the document initiating
the action or proceeding and, if the matter has been adjudicated or settled, a
copy of the consent decree, order, or decision.
c. If the reportable event is the surrender
of a license or other authorization to practice, a copy of all relevant
documents disclosing the reason for and circumstances of the
surrender
E.
Failure to comply with this rule may constitute grounds for disciplinary
action.
Adopted: July 30, 2008
Effective: October 1, 2008
Revised: October 24, 2012
Effective: December 15, 2012
Revised: October 27, 2021
Effective: December 30, 2021
Revised: January 24, 2024
Effective: March 16, 2024
