Code of Colorado Regulations
700 - Department of Regulatory Agencies
716 - Division of Professions and Occupations - State Board of Nursing
3 CCR 716-1 - NURSING RULES AND REGULATIONS
Section 3 CCR 716-1.4 - CONFIDENTIAL AGREEMENTS

Universal Citation: 3 CO Code Regs 716-1 ยง 4

Current through Register Vol. 47, No. 17, September 10, 2024

A. STATEMENT OF BASIS: The authority for the promulgation of these rules and regulations by the State Board of Nursing ("Board") is set forth in sections 12-255-107 and 12-255-135, C.R.S.

B. PURPOSE: To specify procedures and criteria relating to the entering into Confidential Agreements with licensees.

C. Board Discretion. Compliance with this Rule 1.4 is a prerequisite for eligibility to enter into a Confidential Agreement with the Board pursuant to sections 12-255-120 and 12-30-108, C.R.S., and does not guarantee a right to a Confidential Agreement or require the Board to enter into a Confidential Agreement with the licensee. Upon notification by the licensee, the Board will evaluate all facts and circumstances to determine if a Confidential Agreement is appropriate.

D. Notice to the Board. No later than thirty days from the date a physical illness or condition, or behavioral health, mental health, or substance use disorder that affects a licensee's ability to practice nursing or midwifery with reasonable skill and safety, or may endanger the health or safety of individuals under the licensee's care, the licensee shall provide the Board, in writing, the following information:

1. The diagnosis and a description of the illness, condition, or disorder;

2. The date that the illness, condition, or disorder was first diagnosed;

3. The name of the current treatment provider and documentation from the current treatment provider; confirming the diagnosis, date of onset, and treatment plan;

4. A description of the licensee's practice and any modifications, limitations or restrictions that have been made to such practice as a result of the illness, condition, or disorder; and

5. Whether the licensee has been evaluated by, or is currently receiving services from, the Board's authorized Peer Health Assistance Program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.

E. Change of Circumstances. The licensee shall further notify the Board of any significant change in the illness, condition or disorder ("change of condition") that impacts the licensee's ability to perform a nursing or midwifery service with reasonable skill and safety. The licensee must notify the Board of any significant change in condition, whether positive or negative. Such notification shall occur within thirty days of the change of condition. The licensee shall provide the Board, in writing, the following information:

1. The date of the change of illness, condition, or disorder;

2. The name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan;

3. A description of the licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of illness, condition, or disorder;

4. Whether the licensee has been evaluated by, or is currently receiving services from, the Board's authorized Peer Assistance Services related to the change of condition and, if so, the date of initial contact and whether services are ongoing.

F. Failure to Notify. If the Board discovers that a licensee has a mental or physical illness, condition, or disorder that impacts the licensee's ability to provide nursing care with reasonable skill and safety and the licensee has not timely notified the Board of the illness, condition, or disorder, the licensee shall not be eligible for a Confidential Agreement and may be subject to disciplinary action pursuant to section 12-255-120, C.R.S.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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