Code of Colorado Regulations
700 - Department of Regulatory Agencies
738 - Division of Professions and Occupations - Office of Acupuncture Licensure
4 CCR 738-1 - ACUPUNCTURE LICENSURE RULES AND REGULATIONS
Section 4 CCR 738-1.7 - Reporting Convictions, Judgments and Administrative Proceedings

Universal Citation: 4 CO Code Regs 738-1 ยง 7

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

The purpose of the Rule is to clarify the procedures for reporting convictions, and other adverse actions to include judgments and administrative proceedings pursuant to sections 12-200-105, 12-200-106, and 12-200-109, C.R.S.

A licensee as defined in section 12-200-103, C.R.S., shall inform the Director, in a manner set forth by the Director, within thirty days of any of the following events:

A. The conviction of the licensee of a felony under the laws of any state or of the United States, which would be a violation of section 12-200-109(1)(n), C.R.S. A guilty verdict, a plea of guilty or a plea of nolo contendere (no contest) accepted by the court is considered a conviction;

B. A disciplinary action imposed upon the licensee by another jurisdiction that licenses acupuncturists, which would be a violation of section 12-200-109, C.R.S., including, but not limited to, a citation, sanction, probation, civil penalty, or a denial, suspension, revocation, or modification of a license whether it is imposed by consent decree, order, or other decision, for any cause other than failure to pay a license fee by the due date or failure to meet continuing professional education requirements;

C. Revocation or suspension by another state board, municipality, federal or state agency of any health services related license, other than a lapsed license for acupuncture as described in Section 12-200-109, C.R.S.;

D. Any judgment, award or settlement of a civil action or arbitration in which there was a final judgment or settlement against the licensee for malpractice of acupuncture.

E. The notice to the Director shall include the following information;

1. If the event is an action by a governmental agency (as described above), the name of the agency, its jurisdiction, the case name, court docket, proceeding or case number by which the event is designated, and a copy of the consent decree, order or decision;

2. If the event is a felony conviction, the court, its jurisdiction, the case name, the case number, a description of the matter or a copy of the indictment or charges, and any plea or verdict entered by the court. The licensee shall also provide to the Director a copy of the imposition of sentence or judgment, whether deferred or immediate, related to the felony conviction and the completion of all terms of the sentence or judgment with thirty (30) days of such action;

3. If the event concerns a civil action or arbitration proceeding, the court or arbiter, the jurisdiction, the case name, the case number, court docket, a description of the matter or a copy of the complaint, and a copy of the verdict, the court or arbitration decision, or, if settled, the settlement agreement and court's order of dismissal;

F. The licensee notifying the Director may submit a written statement with the notice to be included with the licensee records.

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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