Current through Register Vol. 47, No. 17, September 10, 2024
This Rule is promulgated pursuant to sections
12-20-204,
12-275-108(1)(b),
12-275-120(1)(p), (r) and
(bb), and
12-275-129, C.R.S. The purpose of
this Rule is to clarify the procedures for reporting, in writing, any
malpractice judgments, convictions, disciplinary actions, settlements or
arbitration awards.
A. A licensee
shall report to the Board within thirty days, any final judgment or settlement
against him/her for malpractice, pursuant to section
12-275-120(1)(p),
C.R.S.
B. A licensee shall report
to the Board, in writing, within thirty days:
1. A conviction of a felony or the acceptance
of a plea of guilty or nolo contendere, or a plea resulting in a deferred
sentence to a felony, pursuant to section
12-275-120(1)(r),
C.R.S.
a. For purposes of this Rule, a felony
conviction includes: a guilty verdict; an entry of a plea of guilty or a plea
of nolo contendere (no contest) accepted by the court; or a plea resulting in a
deferred sentence to a felony.
2. Any disciplinary action imposed upon the
licensee by another licensing agency in another state, territory, or country,
any governmental agency, any law enforcement agency, or any court for acts of
conduct that would constitute grounds for discipline under the provisions of
the Optometry Practice Law and/or Board Rule, pursuant to section
12-275-120(1)(bb),
C.R.S.
C. The written
report to the Board, as set forth in subsection (B), shall include, but not be
limited to, the following information:
1. If
the event is an action by a governmental agency:
a. The name of the agency,
b. The jurisdiction or state where the
incident(s) occurred,
c. The case
name(s),
d. The docket, proceeding,
or case number by which the event is designated,
e. A copy of the consent decree, order, or
decision,
f. The patient(s) name(s)
and date(s) of birth,
d. Complete
patient records associated with the action, and
e. Any other information relevant to the
reported action.
2. If
the event is a felony conviction as described above in (B)(1)(a):
a. The name of the court,
b. The jurisdiction where the incident(s)
occurred,
c. The case
name,
d. The case number,
e. A description of the matter or a copy of
the indictment or charges,
f. Any
plea or verdict accepted or entered by the court,
g. A copy of the imposition of sentence
related to the conviction and the completion of all terms of the
sentence,
h. Confirmation of the
status or confirmation of the completion of the terms of the sentence,
and
i. Any other information
relevant to the reported action.
3. If the event concerns a civil action or
arbitration proceeding:
a. The name of the
court or arbitrator,
b. The
jurisdiction where the incident(s) occurred,
c. The case name,
d. The case number,
e. A description of the matter or a copy of
the complaint or demand for arbitration,
f. A copy of the verdict, the court decision
or arbitration award, or, if settled, the settlement agreement and court's
order of dismissal, and
g. Any
other information relevant to the reported action.
