CO
Colorado Senate Bill SB167

Colorado 2023 Regular Session

Colorado Senate Bill SB167 Compare Versions

OldNewDifferences
1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
7+LLS NO. 23-0840.01 Christy Chase x2008
18 SENATE BILL 23-167
2-BY SENATOR(S) Winter F. and Will, Cutter, Exum, Fields, Ginal,
3-Gonzales, Hansen, Hinrichsen, Kolker, Marchman, Priola, Fenberg;
4-also REPRESENTATIVE(S) Garcia and Lindsay, Amabile, Bacon, Bird,
5-Boesenecker, Brown, Dickson, Duran, English, Epps, Froelich,
6-Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lindstedt, Mabrey,
7-Marshall, McCormick, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini,
8-Sirota, Snyder, Story, Titone, Valdez, Velasco, Vigil, Weinberg, Winter T.,
9-Woodrow, Young, McCluskie.
9+Senate Committees House Committees
10+Health & Human Services Public & Behavioral Health & Human Services
11+Appropriations Finance
12+Appropriations
13+A BILL FOR AN ACT
1014 C
11-ONCERNING THE REGULATION OF CERTIFIED MIDWIVES BY THE STATE
12-BOARD OF NURSING
13-, AND, IN CONNECTION THEREWITH, MAKING AN
14-APPROPRIATION
15-.
16-
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. In Colorado Revised Statutes, 12-255-102, amend (1)
19-as follows:
20-12-255-102. Legislative declaration. (1) The general assembly
21-hereby declares it to be the policy of this state that, in order to safeguard the
22-life, health, property, and public welfare of the people of this state and in
23-order to protect the people of this state from the unauthorized, unqualified,
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. and improper application of services by individuals in the practice of
32-nursing
33-AND THE PRACTICE AS A CERTIFIED MIDWIFE , it is necessary that a
34-proper regulatory authority be established. The general assembly further
35-declares it to be the policy of this state to regulate the practice of nursing
36-AND THE PRACTICE AS A CERTIFIED MIDWIFE through a state agency with the
37-power to enforce this article 255.
38-SECTION 2. In Colorado Revised Statutes, 12-255-104, amend
39-(4.5) and (13); and add (3.2) and (7.5) as follows:
40-12-255-104. Definitions. As used in this article 255, unless the
41-context otherwise requires:
15+ONCERNING THE REGULATION OF CERTIFIED MIDWIVES BY THE STATE101
16+BOARD OF NURSING, AND, IN CONNECTION THEREWITH , MAKING
17+102
18+AN APPROPRIATION.103
19+Bill Summary
20+(Note: This summary applies to this bill as introduced and does
21+not reflect any amendments that may be subsequently adopted. If this bill
22+passes third reading in the house of introduction, a bill summary that
23+applies to the reengrossed version of this bill will be available at
24+http://leg.colorado.gov
25+.)
26+Starting July 1, 2024, the bill authorizes individuals who have a
27+midwife certification from the American Midwifery Certification Board,
28+pay the required fee, and submit to a criminal history record check to
29+obtain a license from the state board of nursing (board) to practice as a
30+certified midwife in the state. A certified midwife licensed by the board
31+HOUSE
32+2nd Reading Unamended
33+April 25, 2023
34+SENATE
35+3rd Reading Unamended
36+April 14, 2023
37+SENATE
38+Amended 2nd Reading
39+April 13, 2023
40+SENATE SPONSORSHIP
41+Winter F. and Will, Cutter, Exum, Fenberg, Fields, Ginal, Gonzales, Hansen, Hinrichsen,
42+Kolker, Marchman, Priola
43+HOUSE SPONSORSHIP
44+Garcia and Lindsay,
45+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
46+Capital letters or bold & italic numbers indicate new material to be added to existing law.
47+Dashes through the words or numbers indicate deletions from existing law. may apply for and obtain provisional and full prescriptive authority upon
48+satisfying the requirements specified in the bill. Certified midwives are
49+subject to regulation by the board to the same extent that the board
50+regulates the practice of nursing, including grounds for discipline and
51+disciplinary actions.
52+Be it enacted by the General Assembly of the State of Colorado:1
53+SECTION 1. In Colorado Revised Statutes, 12-255-102, amend2
54+(1) as follows:3
55+12-255-102. Legislative declaration. (1) The general assembly4
56+hereby declares it to be the policy of this state that, in order to safeguard5
57+the life, health, property, and public welfare of the people of this state and6
58+in order to protect the people of this state from the unauthorized,7
59+unqualified, and improper application of services by individuals in the8
60+practice of nursing
61+AND THE PRACTICE AS A CERTIFIED MIDWIFE , it is9
62+necessary that a proper regulatory authority be established. The general10
63+assembly further declares it to be the policy of this state to regulate the11
64+practice of nursing
65+AND THE PRACTICE AS A CERTIFIED MIDWIFE through12
66+a state agency with the power to enforce this article 255.13
67+SECTION 2. In Colorado Revised Statutes, 12-255-104, amend14
68+(4.5) and (13); and add (3.2) and (7.5) as follows:15
69+12-255-104. Definitions. As used in this article 255, unless the16
70+context otherwise requires:17
4271 (3.2) "C
43-ERTIFIED MIDWIFE" MEANS AN INDIVIDUAL WHO MEETS THE
44-QUALIFICATIONS FOR PRACTICE AS A CERTIFIED MIDWIFE
45-, AS SPECIFIED IN
46-THIS PART
47-1 AND BY THE AMERICAN MIDWIFERY CERTIFICATION BOARD, OR
48-ITS SUCCESSOR ENTITY
49-, AND WHO IS CURRENTLY LICENSED BY THE BOARD .
50-O
51-NLY AN INDIVIDUAL WHO HOLDS A LICENSE TO PRACTICE AS A CERTIFIED
52-MIDWIFE IN THIS STATE PURSUANT TO THIS PART
53-1 HAS THE RIGHT TO USE
54-THE TITLE
55-"CERTIFIED MIDWIFE" AND ITS ABBREVIATION "C.M."
56-(4.5) (a) "Delegation of patient care" means aspects of patient care
57-that are consistent with a plan of patient care prescribed by a licensed health
58-care provider within the scope of the provider's practice and that may be
59-delegated to a registered nurse or licensed practical nurse within the scope
60-of the nurse's practice. "Delegation of patient care" includes aspects of
61-patient care that may be delegated by a licensed health care provider within
62-the scope of the provider's practice and within the provider's professional
63-judgment to a licensed or an unlicensed health care provider within the
64-scope of that provider's practice. Nothing in this subsection (4.5) limits or
65-expands the scope of practice of any nurse
66-OR CERTIFIED MIDWIFE licensed
67-pursuant to this article 255.
72+ERTIFIED MIDWIFE" MEANS AN INDIVIDUAL WHO MEETS18
73+THE QUALIFICATIONS FOR PRACTICE AS A CERTIFIED MIDWIFE, AS SPECIFIED19
74+IN THIS PART 1 AND BY THE AMERICAN MIDWIFERY CERTIFICATION20
75+B
76+OARD, OR ITS SUCCESSOR ENTITY, AND WHO IS CURRENTLY LICENSED BY21
77+THE BOARD. ONLY AN INDIVIDUAL WHO HOLDS A LICENSE TO PRACTICE AS22
78+A CERTIFIED MIDWIFE IN THIS STATE PURSUANT TO THIS PART 1 HAS THE23
79+167-2- RIGHT TO USE THE TITLE "CERTIFIED MIDWIFE" AND ITS ABBREVIATION1
80+"C.M."2
81+(4.5) (a) "Delegation of patient care" means aspects of patient care3
82+that are consistent with a plan of patient care prescribed by a licensed4
83+health care provider within the scope of the provider's practice and that5
84+may be delegated to a registered nurse or licensed practical nurse within6
85+the scope of the nurse's practice. "Delegation of patient care" includes7
86+aspects of patient care that may be delegated by a licensed health care8
87+provider within the scope of the provider's practice and within the9
88+provider's professional judgment to a licensed or an unlicensed health10
89+care provider within the scope of that provider's practice. Nothing in this11
90+subsection (4.5) limits or expands the scope of practice of any nurse
91+OR12
92+CERTIFIED MIDWIFE licensed pursuant to this article 255.13
6893 (b) For purposes of
69- AS USED IN this subsection (4.5), "plan of patient
70-care" means a written plan, verbal order, standing order, or protocol,
71-whether patient specific or not, that authorizes specific or discretionary
72-nursing
73-OR CERTIFIED MIDWIFE action and that may include the
74-administration of medication.
94+ AS USED IN this subsection (4.5), "plan of14
95+patient care" means a written plan, verbal order, standing order, or15
96+protocol, whether patient specific or not, that authorizes specific or16
97+discretionary nursing
98+OR CERTIFIED MIDWIFE action and that may include17
99+the administration of medication.18
75100 (7.5) "P
76-RACTICE AS A CERTIFIED MIDWIFE " MEANS THE
77-PAGE 2-SENATE BILL 23-167 PERFORMANCE OF SERVICES REQUIRING THE EDUCATION , TRAINING, AND
78-SKILLS SPECIFIED BY THE
79-AMERICAN MIDWIFERY CERTIFICATION BOARD, OR
80-ITS SUCCESSOR ENTITY
81-, FOR MIDWIFE CERTIFICATION FROM THAT ENTITY .
82-(13) "Unauthorized practice", for purposes of this part 1, means:
83-(a) The practice of practical nursing or the practice of professional
101+RACTICE AS A CERTIFIED MIDWIFE " MEANS THE19
102+PERFORMANCE OF SERVICES REQUIRING THE EDUCATION , TRAINING, AND20
103+SKILLS SPECIFIED BY THE AMERICAN MIDWIFERY CERTIFICATION BOARD,21
104+OR ITS SUCCESSOR ENTITY, FOR MIDWIFE CERTIFICATION FROM THAT22
105+ENTITY.23
106+(13) "Unauthorized practice", for purposes of this part 1, means:24
107+(a) The practice of practical nursing or the practice of professional25
84108 nursing by any person
85- INDIVIDUAL:
86-(a) (I) Who has not been issued a license under this part 1;
87-(b) (II) Who is not practicing in this state pursuant to section
88-24-60-3802; or
89-(c) (III) Whose license has been suspended or revoked or has
109+ INDIVIDUAL:26
110+(a) (I) Who has not been issued a license under this part 1;27
111+167
112+-3- (b) (II) Who is not practicing in this state pursuant to section1
113+24-60-3802; or2
114+(c) (III) Whose license has been suspended or revoked or has3
90115 expired;
91-OR
92-(b) THE PRACTICE AS A CERTIFIED MIDWIFE BY ANY INDIVIDUAL WHO
93-HAS NOT BEEN ISSUED A LICENSE UNDER THIS PART
94-1 OR WHOSE LICENSE HAS
95-BEEN SUSPENDED OR REVOKED OR HAS EXPIRED
96-.
97-SECTION 3. In Colorado Revised Statutes, 12-255-105, amend
98-(1)(a) introductory portion, (1)(a)(II) introductory portion, and (1)(a)(II)(D);
99-and add (1)(a)(II.5) as follows:
100-12-255-105. State board of nursing created - removal of board
101-members - meetings of board. (1) (a) There is created the state board of
102-nursing in the division, which is a type 1 entity, as defined in section
116+OR4
117+(b) T
118+HE PRACTICE AS A CERTIFIED MIDWIFE BY ANY INDIVIDUAL5
119+WHO HAS NOT BEEN ISSUED A LICENSE UNDER THIS PART 1 OR WHOSE6
120+LICENSE HAS BEEN SUSPENDED OR REVOKED OR HAS EXPIRED .7
121+SECTION 3. In Colorado Revised Statutes, 12-255-105, amend8
122+(1)(a) introductory portion, (1)(a)(II) introductory portion, and9
123+(1)(a)(II)(D); and add (1)(a)(II.5) as follows:10
124+12-255-105. State board of nursing created - removal of board11
125+members - meetings of board. (1) (a) There is created the state board12
126+of nursing in the division, which is a type 1 entity, as defined in section13
103127 24-1-105. The board consists of eleven
104- TWELVE members who are residents
105-of this state, appointed by the governor as follows:
106-(II) Seven members of the board shall be WHO ARE licensed
107-professional nurses, who are actively employed in their respective nursing
108-professions, and
109- WHO ARE licensed in this state, The professional nurse
110-members shall AND WHO have been employed for at least three years in their
111-respective categories. Members shall be as follows:
112-(D) One member shall be WHO IS registered as an advanced practice
113-registered nurse pursuant to section 12-255-111;
114-EXCEPT THAT THE MEMBER
115-APPOINTED PURSUANT TO THIS SUBSECTION
116- (1)(a)(II)(D) MUST NOT BE A
117-PAGE 3-SENATE BILL 23-167 CERTIFIED NURSE MIDWIFE;
128+ TWELVE members who are14
129+residents of this state, appointed by the governor as follows:15
130+(II) Seven members of the board shall be WHO ARE licensed16
131+professional nurses, who are actively employed in their respective nursing17
132+professions, and WHO ARE licensed in this state, The professional nurse18
133+members shall AND WHO have been employed for at least three years in19
134+their respective categories. Members shall be as follows:20
135+(D) One member shall be WHO IS registered as an advanced21
136+practice registered nurse pursuant to section 12-255-111;
137+EXCEPT THAT22
138+THE MEMBER APPOINTED PURSUANT TO THIS SUBSECTION (1)(a)(II)(D)23
139+MUST NOT BE A CERTIFIED NURSE MIDWIFE ;24
118140 (II.5) O
119-NE MEMBER OF THE BOARD WHO IS A CERTIFIED MIDWIFE OR
120-AN ADVANCED PRACTICE REGISTERED NURSE WHO IS A CERTIFIED NURSE
121-MIDWIFE
122-;
123-SECTION 4. In Colorado Revised Statutes, 12-255-107, amend
124-(1)(b)(I)(A), (1)(b)(I)(B), and (1)(h) as follows:
125-12-255-107. Powers and duties of the board - rules - definition.
126-(1) The board has the following powers and duties:
127-(b) (I) (A) To examine, license, certify, reactivate, and renew
128-licenses or certifications of qualified applicants, and to grant to the
129-applicants temporary licenses and permits, to engage in the practice of
141+NE MEMBER OF THE BOARD WHO IS A CERTIFIED MIDWIFE25
142+OR AN ADVANCED PRACTICE REGISTERED NURSE WHO IS A CERTIFIED26
143+NURSE MIDWIFE;27
144+167
145+-4- SECTION 4. In Colorado Revised Statutes, 12-255-107, amend1
146+(1)(b)(I)(A), (1)(b)(I)(B), and (1)(h) as follows:2
147+12-255-107. Powers and duties of the board - rules - definition.3
148+(1) The board has the following powers and duties:4
149+(b) (I) (A) To examine, license, certify, reactivate, and renew5
150+licenses or certifications of qualified applicants, and to grant to the6
151+applicants temporary licenses and permits, to engage in the practice of7
130152 practical nursing and professional nursing,
131-THE PRACTICE AS A CERTIFIED
132-MIDWIFE
133-, or the practice of a nurse aide, as applicable, in this state within
134-the limitations imposed by this article 255. Licenses and certifications
135-issued pursuant to this article 255 are subject to the renewal, expiration,
136-reinstatement, and delinquency fee provisions specified in section
137-12-20-202 (1) and (2).
138-(B) The director may increase fees to obtain or renew a professional
139-nurse license, or
140- AN advanced practice registered nurse authority, OR A
141-CERTIFIED MIDWIFE LICENSE
142- under this part 1 consistent with section
143-12-30-105 (4) to fund the division's costs in administering and staffing the
144-nurse-physician advisory task force for Colorado health care created in
145-section 12-30-105 (1).
146-(h) To investigate and conduct hearings upon charges for the
153+THE PRACTICE AS A CERTIFIED8
154+MIDWIFE, or the practice of a nurse aide, as applicable, in this state within9
155+the limitations imposed by this article 255. Licenses and certifications10
156+issued pursuant to this article 255 are subject to the renewal, expiration,11
157+reinstatement, and delinquency fee provisions specified in section12
158+12-20-202 (1) and (2).13
159+(B) The director may increase fees to obtain or renew a14
160+professional nurse license, or
161+ AN advanced practice registered nurse15
162+authority,
163+OR A CERTIFIED MIDWIFE LICENSE under this part 1 consistent16
164+with section 12-30-105 (4) to fund the division's costs in administering17
165+and staffing the nurse-physician advisory task force for Colorado health18
166+care created in section 12-30-105 (1).19
167+(h) To investigate and conduct hearings upon charges for the20
147168 discipline of nurses,
148-CERTIFIED MIDWIVES, and nurse aides in accordance
149-with article 4 of title 24 and section 12-20-403 and to impose disciplinary
150-sanctions as provided in this article 255 and section 12-20-404;
151-SECTION 5. In Colorado Revised Statutes, add 12-255-111.5 as
152-follows:
153-12-255-111.5. Requirements for certified midwife licensure -
169+CERTIFIED MIDWIVES, and nurse aides in accordance21
170+with article 4 of title 24 and section 12-20-403 and to impose disciplinary22
171+sanctions as provided in this article 255 and section 12-20-404;23
172+SECTION 5. In Colorado Revised Statutes, add 12-255-111.5 as24
173+follows:25
174+12-255-111.5. Requirements for certified midwife licensure -26
154175 license by endorsement - questionnaire - fees. (1) O
155-N AND AFTER JULY
156-1, 2024, THE BOARD SHALL ISSUE A LICENSE TO ENGAGE IN THE PRACTICE AS
157-PAGE 4-SENATE BILL 23-167 A CERTIFIED MIDWIFE TO ANY APPLICANT WHO :
176+N AND AFTER JULY27
177+167
178+-5- 1, 2024, THE BOARD SHALL ISSUE A LICENSE TO ENGAGE IN THE PRACTICE1
179+AS A CERTIFIED MIDWIFE TO ANY APPLICANT WHO :2
158180 (a) S
159-UBMITS AN APPLICATION CONTAINING INFORMATION THE BOARD
160-MAY PRESCRIBE
161-;
181+UBMITS AN APPLICATION CONTAINING INFORMATION THE3
182+BOARD MAY PRESCRIBE;4
162183 (b) S
163-UBMITS PROOF SATISFACTORY TO THE BOARD , IN THE MANNER
164-AND UPON THE FORMS THE BOARD MAY REQUIRE
165-, TO SHOW THAT THE
166-APPLICANT HAS OBTAINED AND MAINTAINS IN GOOD STANDING A MIDWIFE
167-CERTIFICATION FROM THE
168-AMERICAN MIDWIFERY CERTIFICATION BOARD OR
169-ITS SUCCESSOR ENTITY
170-;
184+UBMITS PROOF SATISFACTORY TO THE BOARD , IN THE MANNER5
185+AND UPON THE FORMS THE BOARD MAY REQUIRE , TO SHOW THAT THE6
186+APPLICANT HAS OBTAINED AND MAINTAINS IN GOOD STANDING A MIDWIFE7
187+CERTIFICATION FROM THE AMERICAN MIDWIFERY CERTIFICATION BOARD8
188+OR ITS SUCCESSOR ENTITY;9
171189 (c) P
172-AYS THE REQUIRED FEE; AND
173-(d) SUBMITS TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM
174-AND MANNER AS DESCRIBED IN SUBSECTION
175-(2) OF THIS SECTION.
190+AYS THE REQUIRED FEE; AND10
191+(d) S
192+UBMITS TO A CRIMINAL HISTORY RECORD CHECK IN THE FORM11
193+AND MANNER AS DESCRIBED IN SUBSECTION (2) OF THIS SECTION.12
176194 (2) (a) I
177-N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1) OF
178-THIS SECTION
179-, EACH APPLICANT MUST HAVE THE APPLICANT 'S FINGERPRINTS
180-TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY THIRD PARTY
181-APPROVED BY THE
182-COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE
183-OF OBTAINING A FINGERPRINT
184--BASED CRIMINAL HISTORY RECORD CHECK . IF
185-AN APPROVED THIRD PARTY TAKES THE APPLICANT
186-'S FINGERPRINTS, THE
187-FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED USING
188-COLORADO
189-BUREAU OF INVESTIGATION
190--APPROVED LIVESCAN EQUIPMENT . THIRD-PARTY
191-VENDORS SHALL NOT KEEP THE APPLICANT
192-'S INFORMATION FOR MORE THAN
193-THIRTY DAYS UNLESS REQUESTED TO DO SO BY THE APPLICANT
194-. THE
195-APPLICANT SHALL SUBMIT PAYMENT BY CERTIFIED CHECK OR MONEY ORDER
196-FOR THE FINGERPRINTS AND FOR THE ACTUAL COSTS OF THE RECORD CHECK
197-AT THE TIME THE FINGERPRINTS ARE SUBMITTED TO THE
198-COLORADO BUREAU
199-OF INVESTIGATION
200-. UPON RECEIPT OF FINGERPRINTS AND RECEIPT OF THE
201-PAYMENT FOR COSTS
202-, THE COLORADO BUREAU OF INVESTIGATION SHALL
203-CONDUCT A STATE AND NATIONAL FINGERPRINT
204--BASED CRIMINAL HISTORY
205-RECORD CHECK UTILIZING RECORDS OF THE
206-COLORADO BUREAU OF
207-INVESTIGATION AND THE FEDERAL BUREAU OF INVESTIGATION AND SHALL
208-FORWARD THE RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE
209-DIRECTOR
210-.
195+N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1) OF13
196+THIS SECTION, EACH APPLICANT MUST HAVE THE APPLICANT 'S14
197+FINGERPRINTS TAKEN BY A LOCAL LAW ENFORCEMENT AGENCY OR ANY15
198+THIRD PARTY APPROVED BY THE COLORADO BUREAU OF INVESTIGATION16
199+FOR THE PURPOSE OF OBTAINING A FINGERPRINT-BASED CRIMINAL HISTORY17
200+RECORD CHECK. IF AN APPROVED THIRD PARTY TAKES THE APPLICANT 'S18
201+FINGERPRINTS, THE FINGERPRINTS MAY BE ELECTRONICALLY CAPTURED19
202+USING COLORADO BUREAU OF INVESTIGATION -APPROVED LIVESCAN20
203+EQUIPMENT. THIRD-PARTY VENDORS SHALL NOT KEEP THE APPLICANT 'S21
204+INFORMATION FOR MORE THAN THIRTY DAYS UNLESS REQUESTED TO DO SO22
205+BY THE APPLICANT. THE APPLICANT SHALL SUBMIT PAYMENT BY CERTIFIED23
206+CHECK OR MONEY ORDER FOR THE FINGERPRINTS AND FOR THE ACTUAL24
207+COSTS OF THE RECORD CHECK AT THE TIME THE FINGERPRINTS ARE25
208+SUBMITTED TO THE COLORADO BUREAU OF INVESTIGATION . UPON RECEIPT26
209+OF FINGERPRINTS AND RECEIPT OF THE PAYMENT FOR COSTS , THE27
210+167
211+-6- COLORADO BUREAU OF INVESTIGATION SHALL CONDUCT A STATE AND1
212+NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK2
213+UTILIZING RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND3
214+THE FEDERAL BUREAU OF INVESTIGATION AND SHALL FORWARD THE4
215+RESULTS OF THE CRIMINAL HISTORY RECORD CHECK TO THE DIRECTOR .5
211216 (b) W
212-HEN THE RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY
213-RECORD CHECK OF AN APPLICANT PERFORMED PURSUANT TO THIS
214-SUBSECTION
215-(2) REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION , THE
216-PAGE 5-SENATE BILL 23-167 BOARD SHALL REQUIRE THAT APPLICANT TO SUBMIT TO A NAME -BASED
217-JUDICIAL RECORD CHECK
218-, AS DEFINED IN SECTION 22-2-119.3 (6)(d).
217+HEN THE RESULTS OF A FINGERPRINT -BASED CRIMINAL6
218+HISTORY RECORD CHECK OF AN APPLICANT PERFORMED PURSUANT TO THIS7
219+SUBSECTION (2) REVEAL A RECORD OF ARREST WITHOUT A DISPOSITION ,8
220+THE BOARD SHALL REQUIRE THAT APPLICANT TO SUBMIT TO A9
221+NAME-BASED JUDICIAL RECORD CHECK, AS DEFINED IN SECTION 22-2-119.310
222+(6)(d).11
219223 (3) T
220-HE BOARD MAY ISSUE A LICENSE BY ENDORSEMENT TO ENGAGE
221-IN THE PRACTICE AS A CERTIFIED MIDWIFE IN THIS STATE TO AN APPLICANT
222-WHO SATISFIES THE REQUIREMENTS OF THE OCCUPATIONAL CREDENTIAL
223-PORTABILITY PROGRAM
224-.
224+HE BOARD MAY ISSUE A LICENSE BY ENDORSEMENT TO12
225+ENGAGE IN THE PRACTICE AS A CERTIFIED MIDWIFE IN THIS STATE TO AN13
226+APPLICANT WHO SATISFIES THE REQUIREMENTS OF THE OCCUPATIONAL14
227+CREDENTIAL PORTABILITY PROGRAM .15
225228 (4) (a) (I) T
226-HE BOARD SHALL DESIGN A QUESTIONNAIRE TO BE SENT
227-TO ALL LICENSEES WHO APPLY FOR LICENSE RENEWAL
228-. EACH APPLICANT FOR
229-LICENSE RENEWAL SHALL COMPLETE THE BOARD
230--DESIGNED QUESTIONNAIRE.
229+HE BOARD SHALL DESIGN A QUESTIONNAIRE TO BE SENT16
230+TO ALL LICENSEES WHO APPLY FOR LICENSE RENEWAL . EACH APPLICANT17
231+FOR LICENSE RENEWAL SHALL COMPLETE THE BOARD -DESIGNED18
232+QUESTIONNAIRE. THE PURPOSE OF THE QUESTIONNAIRE IS TO DETERMINE19
233+WHETHER A LICENSEE HAS ACTED IN VIOLATION OF THIS PART 1 OR HAS20
234+BEEN DISCIPLINED FOR ANY ACTION THAT MIGHT BE CONSIDERED A21
235+VIOLATION OF THIS PART 1 OR THAT MIGHT MAKE THE LICENSEE UNFIT TO22
236+PRACTICE AS A CERTIFIED MIDWIFE WITH REASONABLE CARE AND SAFETY .23
231237 T
232-HE PURPOSE OF THE QUESTIONNAIRE IS TO DETERMINE WHETHER A
233-LICENSEE HAS ACTED IN VIOLATION OF THIS PART
234-1 OR HAS BEEN
235-DISCIPLINED FOR ANY ACTION THAT MIGHT BE CONSIDERED A VIOLATION OF
236-THIS PART
237-1 OR THAT MIGHT MAKE THE LICENSEE UNFIT TO PRACTICE AS A
238-CERTIFIED MIDWIFE WITH REASONABLE CARE AND SAFETY
239-. THE BOARD
240-SHALL INCLUDE ON THE QUESTIONNAIRE A QUESTION REGARDING WHETHER
241-THE LICENSEE HAS COMPLIED WITH SECTION
242-12-30-111 AND IS IN
243-COMPLIANCE WITH SECTION
244-12-280-403 (2)(a).
238+HE BOARD SHALL INCLUDE ON THE QUESTIONNAIRE A QUESTION24
239+REGARDING WHETHER THE LICENSEE HAS COMPLIED WITH SECTION25
240+12-30-111
241+ AND IS IN COMPLIANCE WITH SECTION 12-280-403 (2)(a).26
245242 (II) I
246-F AN APPLICANT FAILS TO ANSWER THE QUESTIONNAIRE
247-ACCURATELY
248-, THE FAILURE CONSTITUTES GROUNDS FOR DISCIPLINE UNDER
249-SECTION
250-12-255-120 (1)(v).
243+F AN APPLICANT FAILS TO ANSWER THE QUESTIONNAIRE27
244+167
245+-7- ACCURATELY, THE FAILURE CONSTITUTES GROUNDS FOR DISCIPLINE UNDER1
246+SECTION 12-255-120 (1)(v).2
251247 (III) T
252-HE BOARD MAY INCLUDE THE COST OF DEVELOPING AND
253-REVIEWING THE QUESTIONNAIRE IN THE FEE PAID UNDER SUBSECTION
248+HE BOARD MAY INCLUDE THE COST OF DEVELOPING AND3
249+REVIEWING THE QUESTIONNAIRE IN THE FEE PAID UNDER SUBSECTION4
254250 (1)(c)
255-OF THIS SECTION.
251+OF THIS SECTION.5
256252 (IV) T
257-HE BOARD MAY DENY AN APPLICATION FOR LICENSE RENEWAL
258-THAT DOES NOT ACCOMPANY AN ACCURATELY COMPLETED QUESTI ONNAIRE
259-.
253+HE BOARD MAY DENY AN APPLICATION FOR LICENSE6
254+RENEWAL THAT DOES NOT ACCOMPANY AN ACCURATELY COMPLETED7
255+QUESTIONNAIRE.8
260256 (b) O
261-N AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF A
262-LICENSE
263-, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN
264-COMPLIANCE WITH SECTION
265-12-280-403 (2)(a) AND THAT THE LICENSEE IS
266-AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION
267-.
257+N AND AFTER JULY 1, 2024, AS A CONDITION OF RENEWAL OF9
258+A LICENSE, EACH LICENSEE SHALL ATTEST THAT THE LICENSEE IS IN10
259+COMPLIANCE WITH SECTION 12-280-403 (2)(a) AND THAT THE LICENSEE IS11
260+AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT SECTION .12
268261 (5) A
269- CERTIFIED MIDWIFE WHO SATISFIES THE REQUIREMENTS OF
270-SECTION
271-12-255-112 MAY BE GRANTED PRESCRIPTIVE AUTHORITY AS A
272-FUNCTION IN ADDITION TO THOSE FUNCTIONS DESCRIBED IN SECTION
273-12-255-104 (7.5).
274-PAGE 6-SENATE BILL 23-167 SECTION 6. In Colorado Revised Statutes, 12-255-112, amend
275-(1), (3), (4)(b) introductory portion, (4)(b)(I)(A), (4)(b)(I)(D), (4)(b)(I)(E),
276-(4)(b)(III), (4)(b)(IV), (4)(d), (5), (6), (7), (9), (10), (11), and (12); repeal
277-(4)(f); and add (4)(a.5) and (4)(b)(V) as follows:
278-12-255-112. Prescriptive authority - advanced practice
279-registered nurses - certified midwives - limits on prescriptions - rules
280-- financial benefit for prescribing prohibited. (1) The board may
262+ CERTIFIED MIDWIFE WHO SATISFIES THE REQUIREMENTS OF13
263+SECTION 12-255-112 MAY BE GRANTED PRESCRIPTIVE AUTHORITY AS A14
264+FUNCTION IN ADDITION TO THOSE FUNCTIONS DESCRIBED IN SECTION15
265+12-255-104
266+ (7.5).16
267+SECTION 6. In Colorado Revised Statutes, 12-255-112, amend17
268+(1), (3), (4)(b) introductory portion, (4)(b)(I)(A), (4)(b)(I)(D),18
269+(4)(b)(I)(E), (4)(b)(III), (4)(b)(IV), (4)(d), (5), (6), (7), (9), (10), (11), and19
270+(12); repeal (4)(f); and add (4)(a.5) and (4)(b)(V) as follows:20
271+12-255-112. Prescriptive authority - advanced practice21
272+registered nurses - certified midwives - limits on prescriptions - rules22
273+- financial benefit for prescribing prohibited. (1) The board may23
281274 authorize
282-THE FOLLOWING LICENSEES TO PRESCRIBE CONTROLLED
283-SUBSTANCES OR PRESCRIPTION DRUGS
284-, AS THOSE TERMS ARE DEFINED IN
285-SECTION
286-12-280-103:
287-(a) An advanced practice registered nurse who is listed on the
288-advanced practice registry,
289-WHO has a license in good standing without
275+THE FOLLOWING LICENSEES TO PRESCRIBE CONTROLLED24
276+SUBSTANCES OR PRESCRIPTION DRUGS , AS THOSE TERMS ARE DEFINED IN25
277+SECTION 12-280-103:26
278+(a) An advanced practice registered nurse who is listed on the27
279+167
280+-8- advanced practice registry, WHO has a license in good standing without1
290281 disciplinary sanctions issued pursuant to section 12-255-110, and
291-WHO has
292-fulfilled
293-THE REQUIREMENTS OF THIS SECTION AND requirements established
294-by the board pursuant to this section; to prescribe controlled substances or
295-prescription drugs as defined in section 12-280-103. OR
296-(b) A CERTIFIED MIDWIFE WHO HAS A LICENSE ISSUED PURSUANT TO
297-SECTION
298-12-255-111.5 THAT IS IN GOOD STANDING WITHOUT DISCIPLINARY
299-SANCTIONS AND WHO HAS FULFILLED THE REQUIREMENTS OF THIS SECTION
300-AND REQUIREMENTS ESTABLISHED BY THE BOARD PURSUANT TO THIS
301-SECTION
302-.
282+WHO2
283+has fulfilled
284+THE REQUIREMENTS OF THIS SECTION AND requirements3
285+established by the board pursuant to this section; to prescribe controlled
286+4
287+substances or prescription drugs as defined in section 12-280-103. OR5
288+(b) A
289+ CERTIFIED MIDWIFE WHO HAS A LICENSE ISSUED PURSUANT6
290+TO SECTION 12-255-111.5 THAT IS IN GOOD STANDING WITHOUT7
291+DISCIPLINARY SANCTIONS AND WHO HAS FULFILLED THE REQUIREMENTS8
292+OF THIS SECTION AND REQUIREMENTS ESTABLISHED BY THE BOARD9
293+PURSUANT TO THIS SECTION.10
303294 (3) (a) An advanced practice registered nurse
304-OR A CERTIFIED
305-MIDWIFE
306- may be granted authority to prescribe prescription drugs and
307-controlled substances to provide treatment to clients within the role and
295+OR A CERTIFIED11
296+MIDWIFE may be granted authority to prescribe prescription drugs and12
297+controlled substances to provide treatment to clients within the role and13
308298 population focus of the advanced practice registered nurse
309-OR CERTIFIED
310-MIDWIFE
311-, AS APPLICABLE.
299+OR CERTIFIED14
300+MIDWIFE, AS APPLICABLE.15
312301 (b) (I) An advanced practice registered nurse
313-OR A CERTIFIED
314-MIDWIFE
315- who has been granted authority to prescribe prescription drugs and
316-controlled substances under this part 1 may advise the nurse's
317-OR CERTIFIED
318-MIDWIFE
319-'S patients of their option to have the symptom or purpose for
320-which a prescription is being issued included on the prescription order.
302+OR A CERTIFIED16
303+MIDWIFE who has been granted authority to prescribe prescription drugs17
304+and controlled substances under this part 1 may advise the nurse's
305+OR18
306+CERTIFIED MIDWIFE'S patients of their option to have the symptom or19
307+purpose for which a prescription is being issued included on the20
308+prescription order.21
321309 (II) A nurse's
322-OR CERTIFIED MIDWIFE'S failure to advise a patient
323-under subsection (3)(b)(I) of this section is neither:
324-PAGE 7-SENATE BILL 23-167 (A) Grounds for any disciplinary action against the nurse's OR
325-CERTIFIED MIDWIFE
326-'S professional license issued under this part 1; nor
310+OR CERTIFIED MIDWIFE'S failure to advise a patient22
311+under subsection (3)(b)(I) of this section is neither:23
312+(A) Grounds for any disciplinary action against the nurse's
313+OR24
314+CERTIFIED MIDWIFE'S professional license issued under this part 1; nor25
327315 (B) Grounds for any civil action against a nurse
328-OR CERTIFIED
329-MIDWIFE
330- in a negligence or tort action; nor
331-(C) Evidence in any civil action against a nurse
332-OR CERTIFIED
333-MIDWIFE
334-.
316+OR CERTIFIED26
317+MIDWIFE in a negligence or tort action; nor27
318+167
319+-9- (C) Evidence in any civil action against a nurse OR CERTIFIED1
320+MIDWIFE.2
335321 (4) (a.5) A
336- CERTIFIED MIDWIFE APPLYING FOR PRESCRIPTIVE
337-AUTHORITY SHALL PROVIDE EVIDENCE TO THE BOARD THAT THE CERTIFIED
338-MIDWIFE HAS OBTAINED AND MAINTAINS
339-:
322+ CERTIFIED MIDWIFE APPLYING FOR PRESCRIPTIVE3
323+AUTHORITY SHALL PROVIDE EVIDENCE TO THE BOARD THAT THE CERTIFIED4
324+MIDWIFE HAS OBTAINED AND MAINTAINS :5
340325 (I) A
341- MIDWIFE CERTIFICATION IN GOOD STANDING FROM THE
342-AMERICAN MIDWIFERY CERTIFICATION BOARD OR ITS SUCCESSOR ENTITY;
343-AND
344-(II) PROFESSIONAL LIABILITY INSURANCE AS REQUIRED BY SECTION
345-12-255-113.
326+ MIDWIFE CERTIFICATION IN GOOD STANDING FROM THE6
327+A
328+MERICAN MIDWIFERY CERTIFICATION BOARD OR ITS SUCCESSOR ENTITY;7
329+AND8
330+(II) P
331+ROFESSIONAL LIABILITY INSURANCE AS REQUIRED BY SECTION9
332+12-255-113.10
346333 (b) Upon satisfaction of the requirements set forth in subsection
347-(4)(a) of this section, The board may grant provisional prescriptive authority
348-to an advanced practice registered nurse,
349-UPON SATISFACTION OF THE
350-REQUIREMENTS SET FORTH IN SUBSECTION
351- (4)(a) OF THIS SECTION, OR TO A
352-CERTIFIED MIDWIFE
353-, UPON SATISFACTION OF THE REQUIREMENTS SET FORTH
354-IN SUBSECTION
355- (4)(a.5) OF THIS SECTION. The provisional prescriptive
356-authority that is granted is limited to those patients and medications
357-appropriate to the advanced practice registered nurse's
358-OR CERTIFIED
359-MIDWIFE
360-'S role and population focus. In order to retain provisional
361-prescriptive authority and obtain and retain full prescriptive authority
362-pursuant to this subsection (4) for patients and medications appropriate for
334+11
335+(4)(a) of this section, The board may grant provisional prescriptive12
336+authority to an advanced practice registered nurse,
337+UPON SATISFACTION OF13
338+THE REQUIREMENTS SET FORTH IN SUBSECTION (4)(a) OF THIS SECTION, OR14
339+TO A CERTIFIED MIDWIFE, UPON SATISFACTION OF THE REQUIREMENTS SET15
340+FORTH IN SUBSECTION (4)(a.5) OF THIS SECTION. The provisional16
341+prescriptive authority that is granted is limited to those patients and17
342+medications appropriate to the advanced practice registered nurse's
343+OR18
344+CERTIFIED MIDWIFE'S role and population focus. In order to retain19
345+provisional prescriptive authority and obtain and retain full prescriptive20
346+authority pursuant to this subsection (4) for patients and medications21
347+appropriate for the advanced practice registered nurse's
348+OR CERTIFIED22
349+MIDWIFE'S role and population focus, an advanced practice registered23
350+nurse
351+OR A CERTIFIED MIDWIFE shall satisfy the following requirements:24
352+(I) (A) Once the provisional prescriptive authority is granted, the25
353+advanced practice registered nurse
354+OR CERTIFIED MIDWIFE must obtain26
355+seven hundred fifty hours of documented experience in a mutually27
356+167
357+-10- structured prescribing mentorship either with a physician or with an1
358+advanced practice registered nurse
359+OR A CERTIFIED MIDWIFE who has full2
360+prescriptive authority and experience in prescribing medications. The3
361+mentor must be practicing in Colorado and have education, training,4
362+experience, and an active practice that corresponds with the role and5
363+population focus of the advanced practice registered nurse
364+OR CERTIFIED6
365+MIDWIFE.7
366+(D) Upon successful completion of the mentorship period, the8
367+mentor shall provide the mentor's signature and attestation to verify that9
368+the advanced practice registered nurse
369+OR CERTIFIED MIDWIFE has10
370+successfully completed the mentorship within the required period after the11
371+provisional prescriptive authority was granted.12
372+(E) If an advanced practice registered nurse
373+OR A CERTIFIED13
374+MIDWIFE with provisional prescriptive authority fails to complete the14
375+mentorship required by this subsection (4)(b)(I) within three years or15
376+otherwise fails to demonstrate competence as determined by the board,16
363377 the advanced practice registered nurse's
364-OR CERTIFIED MIDWIFE'S role and
365-population focus, an advanced practice registered nurse
366-OR A CERTIFIED
367-MIDWIFE
368- shall satisfy the following requirements:
369-(I) (A) Once the provisional prescriptive authority is granted, the
378+OR CERTIFIED MIDWIFE'S17
379+provisional prescriptive authority expires for failure to comply with the18
380+statutory requirements.19
381+(III) The advanced practice registered nurse
382+OR CERTIFIED20
383+MIDWIFE shall maintain professional liability insurance as required by21
384+section 12-255-113.22
385+(IV) The advanced practice registered nurse
386+OR CERTIFIED23
387+MIDWIFE shall maintain national certification, as specified in subsection24
388+(4)(a)(III)
389+OR (4)(a.5)(I) of this section, unless the board grants an25
390+exception.26
391+(V) T
392+HE CERTIFIED MIDWIFE MUST COMPLETE AT LEAST THREE27
393+167
394+-11- YEARS OF CLINICAL WORK EXPERIENCE AS A CERTIFIED MIDWIFE .1
395+(d) In order to obtain provisional prescriptive authority and obtain2
396+and retain full prescriptive authority in this state, an advanced practice3
397+registered nurse
398+OR A CERTIFIED MIDWIFE from another state must meet4
399+the requirements of this section or substantially equivalent requirements,5
400+as determined by the board.6
401+(f) Once an advanced practice registered nurse obtains full
402+7
403+prescriptive authority pursuant to this subsection (4), the advanced8
404+practice registered nurse is not required to maintain or update an9
405+articulated plan as described in subsection (4)(b)(II) or (4)(c)(I) of this10
406+section.11
407+(5) An advanced practice registered nurse
408+OR A CERTIFIED12
409+MIDWIFE who obtains prescriptive authority pursuant to this section shall13
410+be assigned a specific identifier by the state board of nursing. This14
411+identifier shall be available to the Colorado medical board and the state15
412+board of pharmacy. The state board of nursing shall establish a16
413+mechanism to assure that the prescriptive authority of an advanced17
414+practice registered nurse
415+OR A CERTIFIED MIDWIFE may be readily verified.18
416+(6) An advanced practice registered nurse
417+OR A CERTIFIED19
418+MIDWIFE with prescriptive authority pursuant to this section is subject to20
419+the limitations on prescriptions specified in section 12-30-109.21
420+(7) (a) The scope of practice for an advanced practice registered22
421+nurse
422+OR A CERTIFIED MIDWIFE may be determined by the board in23
423+accordance with this part 1.24
424+(b) The board may consider information provided by nursing,25
425+medical,
426+MIDWIFERY, or other health professional organizations,26
427+associations, or regulatory boards.27
428+167
429+-12- (c) (I) Prescriptive authority by an advanced practice registered1
430+nurse shall be OR A CERTIFIED MIDWIFE IS limited to those patients2
431+appropriate to the nurse's
432+OR CERTIFIED MIDWIFE'S scope of practice.3
433+Prescriptive authority may be limited or withdrawn and the advanced4
434+practice registered nurse
435+OR CERTIFIED MIDWIFE may be subject to further5
436+disciplinary action in accordance with this part 1 if the nurse
437+OR6
438+CERTIFIED MIDWIFE has prescribed outside the nurse's OR CERTIFIED7
439+MIDWIFE'S scope of practice or for other than a therapeutic purpose.8
440+(II) Nothing in this section shall be construed to require a9
441+registered nurse
442+OR CERTIFIED MIDWIFE to obtain prescriptive authority to10
443+deliver anesthesia care.11
444+(9) Nothing in this section shall be construed to permit dispensing12
445+or distribution, as defined in section 12-280-103 (14) and (15), by an13
370446 advanced practice registered nurse
371-OR CERTIFIED MIDWIFE must obtain seven
372-hundred fifty hours of documented experience in a mutually structured
373-prescribing mentorship either with a physician or with an advanced practice
447+OR A CERTIFIED MIDWIFE, except for14
448+samples, under article 280 of this title 12 and the federal "Prescription15
449+Drug Marketing Act of 1987", Pub.L. 100-293, as amended.16
450+(10) An advanced practice registered nurse registered pursuant to17
451+section 12-255-111
452+OR A CERTIFIED MIDWIFE is not required to apply for18
453+or obtain prescriptive authority.19
454+(11) Nothing in this section shall limit
455+ LIMITS:20
456+(a) The practice of nursing by any nurse, including advanced21
457+practice registered nurses;
458+OR22
459+(b) T
460+HE PRACTICE AS A CERTIFIED MIDWIFE BY ANY CERTIFIED23
461+MIDWIFE.24
462+(12) An advanced practice registered nurse
463+OR A CERTIFIED25
464+MIDWIFE shall not accept any direct or indirect benefit from a26
465+pharmaceutical manufacturer or pharmaceutical representative for27
466+167
467+-13- prescribing a specific medication to a patient. For the purposes of this1
468+section, a direct or indirect benefit does not include a benefit offered to2
469+an advanced practice registered nurse
470+OR CERTIFIED MIDWIFE regardless3
471+of whether the specific medication is being prescribed.4
472+SECTION 7. In Colorado Revised Statutes, amend 12-255-1135
473+as follows:6
474+12-255-113. Professional liability insurance required -7
475+advanced practice registered nurses and certified midwives in8
476+independent practice - rules. (1) It is unlawful for any advanced9
477+practice registered nurse
478+OR CERTIFIED MIDWIFE engaged in an10
479+independent practice of professional nursing
480+OR AS A CERTIFIED MIDWIFE11
481+to practice within the state of Colorado unless the advanced practice12
374482 registered nurse
375-OR A CERTIFIED MIDWIFE who has full prescriptive authority
376-PAGE 8-SENATE BILL 23-167 and experience in prescribing medications. The mentor must be practicing
377-in Colorado and have education, training, experience, and an active practice
378-that corresponds with the role and population focus of the advanced practice
379-registered nurse
380-OR CERTIFIED MIDWIFE.
381-(D) Upon successful completion of the mentorship period, the
382-mentor shall provide the mentor's signature and attestation to verify that the
383-advanced practice registered nurse
384-OR CERTIFIED MIDWIFE has successfully
385-completed the mentorship within the required period after the provisional
386-prescriptive authority was granted.
387-(E) If an advanced practice registered nurse
388-OR A CERTIFIED MIDWIFE
389-with provisional prescriptive authority fails to complete the mentorship
390-required by this subsection (4)(b)(I) within three years or otherwise fails to
391-demonstrate competence as determined by the board, the advanced practice
392-registered nurse's
393-OR CERTIFIED MIDWIFE'S provisional prescriptive authority
394-expires for failure to comply with the statutory requirements.
395-(III) The advanced practice registered nurse
396-OR CERTIFIED MIDWIFE
397-shall maintain professional liability insurance as required by section
398-12-255-113.
399-(IV) The advanced practice registered nurse
400-OR CERTIFIED MIDWIFE
401-shall maintain national certification, as specified in subsection (4)(a)(III) OR
402-(4)(a.5)(I) of this section, unless the board grants an exception.
403-(V) T
404-HE CERTIFIED MIDWIFE MUST COMPLETE AT LEAST THREE
405-YEARS OF CLINICAL WORK EXPERIENCE AS A CERTIFIED MIDWIFE
406-.
407-(d) In order to obtain provisional prescriptive authority and obtain
408-and retain full prescriptive authority in this state, an advanced practice
409-registered nurse
410-OR A CERTIFIED MIDWIFE from another state must meet the
411-requirements of this section or substantially equivalent requirements, as
412-determined by the board.
413-(f) Once an advanced practice registered nurse obtains full
414-prescriptive authority pursuant to this subsection (4), the advanced practice
415-registered nurse is not required to maintain or update an articulated plan as
416-described in subsection (4)(b)(II) or (4)(c)(I) of this section.
417-PAGE 9-SENATE BILL 23-167 (5) An advanced practice registered nurse OR A CERTIFIED MIDWIFE
418-who obtains prescriptive authority pursuant to this section shall be assigned
419-a specific identifier by the state board of nursing. This identifier shall be
420-available to the Colorado medical board and the state board of pharmacy.
421-The state board of nursing shall establish a mechanism to assure that the
422-prescriptive authority of an advanced practice registered nurse
423-OR A
424-CERTIFIED MIDWIFE
425- may be readily verified.
426-(6) An advanced practice registered nurse
427-OR A CERTIFIED MIDWIFE
428-with prescriptive authority pursuant to this section is subject to the
429-limitations on prescriptions specified in section 12-30-109.
430-(7) (a) The scope of practice for an advanced practice registered
431-nurse
432-OR A CERTIFIED MIDWIFE may be determined by the board in
433-accordance with this part 1.
434-(b) The board may consider information provided by nursing,
435-medical,
436-MIDWIFERY, or other health professional organizations,
437-associations, or regulatory boards.
438-(c) (I) Prescriptive authority by an advanced practice registered
439-nurse shall be
440- OR A CERTIFIED MIDWIFE IS limited to those patients
441-appropriate to the nurse's
442-OR CERTIFIED MIDWIFE'S scope of practice.
443-Prescriptive authority may be limited or withdrawn and the advanced
444-practice registered nurse
445-OR CERTIFIED MIDWIFE may be subject to further
446-disciplinary action in accordance with this part 1 if the nurse
447-OR CERTIFIED
448-MIDWIFE
449- has prescribed outside the nurse's OR CERTIFIED MIDWIFE'S scope
450-of practice or for other than a therapeutic purpose.
451-(II) Nothing in this section shall be construed to require a registered
452-nurse
453-OR CERTIFIED MIDWIFE to obtain prescriptive authority to deliver
454-anesthesia care.
455-(9) Nothing in this section shall be construed to permit dispensing
456-or distribution, as defined in section 12-280-103 (14) and (15), by an
457-advanced practice registered nurse
458-OR A CERTIFIED MIDWIFE, except for
459-samples, under article 280 of this title 12 and the federal "Prescription Drug
460-Marketing Act of 1987", Pub.L. 100-293, as amended.
461-(10) An advanced practice registered nurse registered pursuant to
462-PAGE 10-SENATE BILL 23-167 section 12-255-111 OR A CERTIFIED MIDWIFE is not required to apply for or
463-obtain prescriptive authority.
464-(11) Nothing in this section shall limit LIMITS:
465-(a) The practice of nursing by any nurse, including advanced
466-practice registered nurses;
467-OR
468-(b) THE PRACTICE AS A CERTIFIED MIDWIFE BY ANY CERTIFIED
469-MIDWIFE
470-.
471-(12) An advanced practice registered nurse
472-OR A CERTIFIED MIDWIFE
473-shall not accept any direct or indirect benefit from a pharmaceutical
474-manufacturer or pharmaceutical representative for prescribing a specific
475-medication to a patient. For the purposes of this section, a direct or indirect
476-benefit does not include a benefit offered to an advanced practice registered
477-nurse
478-OR CERTIFIED MIDWIFE regardless of whether the specific medication
479-is being prescribed.
480-SECTION 7. In Colorado Revised Statutes, amend 12-255-113 as
481-follows:
482-12-255-113. Professional liability insurance required - advanced
483-practice registered nurses and certified midwives in independent
484-practice - rules. (1) It is unlawful for any advanced practice registered
485-nurse
486-OR CERTIFIED MIDWIFE engaged in an independent practice of
487-professional nursing
488-OR AS A CERTIFIED MIDWIFE to practice within the state
489-of Colorado unless the advanced practice registered nurse
490-OR CERTIFIED
491-MIDWIFE
492- purchases and maintains or is covered by professional liability
493-insurance in an amount not less than five hundred thousand dollars per
494-claim with an aggregate liability for all claims during the year of one
495-million five hundred thousand dollars.
483+OR CERTIFIED MIDWIFE purchases and maintains or is13
484+covered by professional liability insurance in an amount not less than five14
485+hundred thousand dollars per claim with an aggregate liability for all15
486+claims during the year of one million five hundred thousand dollars.16
496487 (2) Professional liability insurance required by this section shall
497-MUST cover all acts within the scope of practice of an advanced practice
488+17
489+MUST cover all acts within the scope of practice of an advanced practice18
498490 registered nurse
499491 OR CERTIFIED MIDWIFE as defined
500- DESCRIBED in this part 1.
501-(3) Notwithstanding the requirements of subsection (1) of this
502-section, the board, by rule, may exempt or establish lesser liability insurance
503-requirements for advanced practice registered nurses
504-OR CERTIFIED
505-PAGE 11-SENATE BILL 23-167 MIDWIVES.
506-(4) Nothing in this section shall be construed to confer liability on
492+ DESCRIBED in this part19
493+1.20
494+(3) Notwithstanding the requirements of subsection (1) of this21
495+section, the board, by rule, may exempt or establish lesser liability22
496+insurance requirements for advanced practice registered nurses
497+OR23
498+CERTIFIED MIDWIVES.24
499+(4) Nothing in this section shall be construed to confer liability on25
507500 an employer for the acts of an advanced practice registered nurse
508-OR A
509-CERTIFIED MIDWIFE
510- that are outside the scope of employment or to negate
511-the applicability of the "Colorado Governmental Immunity Act", article 10
512-of title 24.
513-SECTION 8. In Colorado Revised Statutes, amend 12-255-115 as
514-follows:
515-12-255-115. Volunteer licensure - fees - questionnaire. (1) The
501+OR A26
502+CERTIFIED MIDWIFE that are outside the scope of employment or to negate27
503+167
504+-14- the applicability of the "Colorado Governmental Immunity Act", article1
505+10 of title 24.2
506+SECTION 8. In Colorado Revised Statutes, amend 12-255-1153
507+as follows:4
508+12-255-115. Volunteer licensure - fees - questionnaire. (1) The5
516509 board may issue a license to a volunteer nurse
517-OR CERTIFIED MIDWIFE who
518-meets the requirements set forth in this section.
510+OR CERTIFIED MIDWIFE who6
511+meets the requirements set forth in this section.7
519512 (2) A volunteer nursing
520-OR CERTIFIED MIDWIFE license shall only be
521-issued to an applicant who:
522-(a) Currently holds a license to practice nursing, either as a practical
523-nurse or as a professional nurse,
524-OR TO PRACTICE AS A CERTIFIED MIDWIFE,
525-and the license is due to expire unless renewed; or
513+OR CERTIFIED MIDWIFE license shall only8
514+be issued to an applicant who:9
515+(a) Currently holds a license to practice nursing, either as a10
516+practical nurse or as a professional nurse,
517+OR TO PRACTICE AS A CERTIFIED11
518+MIDWIFE, and the license is due to expire unless renewed; or12
526519 (b) Is not currently engaged in the practice of nursing
527-OR AS A
528-CERTIFIED MIDWIFE
529- either full-time or part-time and has, prior to ceasing
530-practice, maintained full licensure in good standing in any state or territory
531-of the United States.
532-(3) (a) A volunteer nursing license shall permit the nurse to engage
533-in volunteer nursing tasks within the scope of the nurse's license.
520+OR AS A13
521+CERTIFIED MIDWIFE either full-time or part-time and has, prior to ceasing14
522+practice, maintained full licensure in good standing in any state or15
523+territory of the United States.16
524+(3) (a) A volunteer nursing license shall permit the nurse to17
525+engage in volunteer nursing tasks within the scope of the nurse's license.18
534526 (b) A
535- VOLUNTEER CERTIFIED MIDWIFE LICENSE SHALL PERMIT THE
536-CERTIFIED MIDWIFE TO ENGAGE AS A VOLUNTEER IN THE PRACTICE AS A
537-CERTIFIED MIDWIFE WITHIN THE SCOPE OF THE CERTIFIED MIDWIFE
538-'S LICENSE.
527+ VOLUNTEER CERTIFIED MIDWIFE LICENSE SHALL PERMIT THE19
528+CERTIFIED MIDWIFE TO ENGAGE AS A VOLUNTEER IN THE PRACTICE AS A20
529+CERTIFIED MIDWIFE WITHIN THE SCOPE OF THE CERTIFIED MIDWIFE 'S21
530+LICENSE.22
539531 (4) An applicant for a volunteer nursing
540-OR CERTIFIED MIDWIFE
541-license shall submit to the board an application containing the information
532+OR CERTIFIED MIDWIFE23
533+license shall submit to the board an application containing the information24
542534 the board may prescribe, a copy of the applicant's most recent nursing
543-OR
544-CERTIFIED MIDWIFE
545- license, and a statement signed under penalty of perjury
546-in which the applicant agrees not to receive compensation for any nursing
547-tasks
548-OR TASKS AS A CERTIFIED MIDWIFE that are performed while in
549-PAGE 12-SENATE BILL 23-167 possession of the license.
535+OR25
536+CERTIFIED MIDWIFE license, and a statement signed under penalty of26
537+perjury in which the applicant agrees not to receive compensation for any27
538+167
539+-15- nursing tasks OR TASKS AS A CERTIFIED MIDWIFE that are performed while1
540+in possession of the license.2
550541 (5) A person who possesses a volunteer nursing
551-OR CERTIFIED
552-MIDWIFE
553- license is immune from civil liability for actions performed within
554-the scope of the nursing
555-OR CERTIFIED MIDWIFE license unless it is
556-established that injury or death was caused by gross negligence or the
557-willful and wanton misconduct of the licensee. The immunity provided in
558-this subsection (5) applies only to the licensee and does not affect the
559-liability of any other individual or entity. Nothing in this subsection (5)
560-limits the ability of the board to take disciplinary action against a licensee.
542+OR CERTIFIED3
543+MIDWIFE license is immune from civil liability for actions performed4
544+within the scope of the nursing
545+OR CERTIFIED MIDWIFE license unless it is5
546+established that injury or death was caused by gross negligence or the6
547+willful and wanton misconduct of the licensee. The immunity provided7
548+in this subsection (5) applies only to the licensee and does not affect the8
549+liability of any other individual or entity. Nothing in this subsection (5)9
550+limits the ability of the board to take disciplinary action against a licensee.10
561551 (6) The fee for a volunteer nursing
562-OR CERTIFIED MIDWIFE license,
563-including assessments for legal defense, peer assistance, and other programs
564-for which licenses are assessed, must not exceed fifty percent of the license
565-renewal fee, including all assessments, established by the board for an
566-active nursing
567-OR CERTIFIED MIDWIFE license.
568-(7) The board shall design a questionnaire to be sent to all volunteer
569-nurses
570-AND CERTIFIED MIDWIVES who apply for license renewal. Each
571-applicant for license renewal shall complete the board-designed
572-questionnaire. The purpose of the questionnaire is to determine whether a
573-licensee has acted in violation of this part 1 or has been disciplined for any
574-action that might be considered a violation of this part 1 or might make the
575-licensee unfit to practice nursing
576-OR AS A CERTIFIED MIDWIFE with
577-reasonable care and safety. If an applicant fails to answer the questionnaire
578-accurately, the failure constitutes grounds for discipline under section
579-12-255-120 (1)(v). The board may include the cost of developing and
580-reviewing the questionnaire in the fee paid under subsection (6) of this
581-section. The board may deny an application for license renewal that does
582-not accompany an accurately completed questionnaire.
583-(8) (a) The board shall deny an application for the reactivation of a
584-practical or professional nurse license for a volunteer nurse if the board
585-determines that the nurse requesting reactivation has not actively
586-volunteered as a nurse for the two-year period immediately preceding the
587-filing of the application for license reactivation or has not otherwise
588-demonstrated continued competency to return to the active practice of
589-nursing in a manner approved by the board.
552+OR CERTIFIED MIDWIFE license,11
553+including assessments for legal defense, peer assistance, and other12
554+programs for which licenses are assessed, must not exceed fifty percent13
555+of the license renewal fee, including all assessments, established by the14
556+board for an active nursing
557+OR CERTIFIED MIDWIFE license.15
558+(7) The board shall design a questionnaire to be sent to all16
559+volunteer nurses
560+AND CERTIFIED MIDWIVES who apply for license renewal.17
561+Each applicant for license renewal shall complete the board-designed18
562+questionnaire. The purpose of the questionnaire is to determine whether19
563+a licensee has acted in violation of this part 1 or has been disciplined for20
564+any action that might be considered a violation of this part 1 or might21
565+make the licensee unfit to practice nursing
566+OR AS A CERTIFIED MIDWIFE22
567+with reasonable care and safety. If an applicant fails to answer the23
568+questionnaire accurately, the failure constitutes grounds for discipline24
569+under section 12-255-120 (1)(v). The board may include the cost of25
570+developing and reviewing the questionnaire in the fee paid under26
571+subsection (6) of this section. The board may deny an application for27
572+167
573+-16- license renewal that does not accompany an accurately completed1
574+questionnaire.2
575+(8) (a) The board shall deny an application for the reactivation of3
576+a practical or professional nurse license for a volunteer nurse if the board4
577+determines that the nurse requesting reactivation has not actively5
578+volunteered as a nurse for the two-year period immediately preceding the6
579+filing of the application for license reactivation or has not otherwise7
580+demonstrated continued competency to return to the active practice of8
581+nursing in a manner approved by the board.9
590582 (b) T
591-HE BOARD SHALL DENY AN APPLICATION FOR THE
592-PAGE 13-SENATE BILL 23-167 REACTIVATION OF A CERTIFIED MIDWIFE LICENSE FOR A VOLUNTEER
593-CERTIFIED MIDWIFE IF THE BOARD DETERMINES THAT THE CERTIFIED
594-MIDWIFE REQUESTING REACTIVATION HAS NOT ACTIVELY VOLUNTEERED AS
595-A CERTIFIED MIDWIFE FOR THE TWO
596--YEAR PERIOD IMMEDIATELY PRECEDING
597-THE FILING OF THE APPLICATION FOR LICENSE REACTIVATION OR HAS NOT
598-OTHERWISE DEMONSTRATED CONTINUED COMPETENCY TO RETURN TO THE
599-ACTIVE PRACTICE AS A CERTIFIED MIDWIFE IN A MANNER APPROVED BY THE
600-BOARD
601-.
602-SECTION 9. In Colorado Revised Statutes, 12-255-117, amend (5)
603-as follows:
604-12-255-117. Temporary licenses and permits. (5) The board shall
605-summarily withdraw a temporary license or permit issued pursuant to this
606-section if the board determines that the
607-TEMPORARY license OR PERMIT
608-holder fails to meet the requirements of this section or section 12-255-109,
609-12-255-110, 12-255-111.5, or 12-255-114. The holder of a temporary
610-license or permit summarily withdrawn has the right to a hearing that shall
611-be conducted pursuant to article 4 of title 24 and section 12-20-403 by the
612-board or by an administrative law judge at the board's discretion.
613-SECTION 10. In Colorado Revised Statutes, 12-255-119, amend
614-(1)(a), (3)(a)(I) introductory portion, (3)(a)(I)(B), (3)(a)(I)(C), (3)(a)(II),
615-(3)(a)(III), (3)(b), (3)(c)(III), (4)(a), (4)(c)(III), (4)(c)(IV) introductory
616-portion, (4)(c)(IV)(C), (4)(e), (6), (7), (8)(a), (8)(b), (8)(d), and (10) as
617-follows:
618-12-255-119. Disciplinary procedures of the board - inquiry and
619-hearings panels - mental and physical examinations - definitions - rules.
620-(1) (a) The president of the board shall divide the other ten members of the
621-board into two panels of five members each. Members representing the
622-three
623- different categories of membership (licensed practical nurses,
624-professional nurses,
625-CERTIFIED MIDWIVES, and persons not licensed,
626-employed, or in any way connected with, or with any financial interest in,
627-any health-care facility, agency, or insurer) shall be divided between the two
628-panels as equally as possible.
583+HE BOARD SHALL DENY AN APPLICATION FOR THE10
584+REACTIVATION OF A CERTIFIED MIDWIFE LICENSE FOR A VOLUNTEER11
585+CERTIFIED MIDWIFE IF THE BOARD DETERMINES THAT THE CERTIFIED12
586+MIDWIFE REQUESTING REACTIVATION HAS NOT ACTIVELY VOLUNTEERED13
587+AS A CERTIFIED MIDWIFE FOR THE TWO -YEAR PERIOD IMMEDIATELY14
588+PRECEDING THE FILING OF THE APPLICATION FOR LICENSE REACTIVATION15
589+OR HAS NOT OTHERWISE DEMONSTRATED CONTINUED COMPETENCY TO16
590+RETURN TO THE ACTIVE PRACTICE AS A CERTIFIED MIDWIFE IN A MANNER17
591+APPROVED BY THE BOARD.18
592+SECTION 9. In Colorado Revised Statutes, 12-255-117, amend19
593+(5) as follows:20
594+12-255-117. Temporary licenses and permits. (5) The board21
595+shall summarily withdraw a temporary license or permit issued pursuant22
596+to this section if the board determines that the
597+TEMPORARY license OR23
598+PERMIT holder fails to meet the requirements of this section or section24
599+12-255-109, 12-255-110, 12-255-111.5, or 12-255-114. The holder of a25
600+temporary license or permit summarily withdrawn has the right to a26
601+hearing that shall be conducted pursuant to article 4 of title 24 and section27
602+167
603+-17- 12-20-403 by the board or by an administrative law judge at the board's1
604+discretion.2
605+SECTION 10. In Colorado Revised Statutes, 12-255-119, amend3
606+(1)(a), (3)(a)(I) introductory portion, (3)(a)(I)(B), (3)(a)(I)(C), (3)(a)(II),4
607+(3)(a)(III), (3)(b), (3)(c)(III), (4)(a), (4)(c)(III), (4)(c)(IV) introductory5
608+portion, (4)(c)(IV)(C), (4)(e), (6), (7), (8)(a), (8)(b), (8)(d), and (10) as6
609+follows:7
610+12-255-119. Disciplinary procedures of the board - inquiry8
611+and hearings panels - mental and physical examinations - definitions9
612+- rules. (1) (a) The president of the board shall divide the other ten10
613+members of the board into two panels of five members each. Members11
614+representing the three different categories of membership (licensed12
615+practical nurses, professional nurses,
616+CERTIFIED MIDWIVES, and persons13
617+not licensed, employed, or in any way connected with, or with any14
618+financial interest in, any health-care facility, agency, or insurer) shall be15
619+divided between the two panels as equally as possible.16
629620 (3) (a) (I) For the purposes of
630- AS USED IN this section:
631-(B) "License" includes licensure for a practical nurse or professional
632-PAGE 14-SENATE BILL 23-167 nurse, LICENSURE FOR A CERTIFIED MIDWIFE, and licensure for a psychiatric
633-technician.
634-(C) "Nurse", "licensee", or "respondent" includes a practical nurse,
635-a professional nurse,
636-A CERTIFIED MIDWIFE, and a psychiatric technician as
637-described in section 12-295-103 (4).
638-(II) Written complaints relating to the conduct of a nurse licensed
621+ AS USED IN this section:17
622+(B) "License" includes licensure for a practical nurse or18
623+professional nurse,
624+LICENSURE FOR A CERTIFIED MIDWIFE, and licensure19
625+for a psychiatric technician.20
626+(C) "Nurse", "licensee", or "respondent" includes a practical21
627+nurse, a professional nurse,
628+A CERTIFIED MIDWIFE, and a psychiatric22
629+technician as described in section 12-295-103 (4).23
630+(II) Written complaints relating to the conduct of a nurse licensed24
639631 or authorized to practice nursing in this state
640-OR RELATING TO THE CONDUCT
641-OF A CERTIFIED MIDWIFE LICENSED OR AUTHORIZED TO PRACTICE AS A
642-CERTIFIED MIDWIFE IN THIS STATE
643- may be made by any person or may be
644-initiated by an inquiry panel of the board on its own motion. U
645-NLESS THE
646-BOARD DETERMINES THE COMPLAINT TO BE WITHOUT MERIT OF
647-INVESTIGATION
648-, THE BOARD SHALL GIVE NOTICE OF THE COMPLAINT TO the
632+OR RELATING TO THE25
633+CONDUCT OF A CERTIFIED MIDWIFE LICENSED OR AUTHORIZED TO26
634+PRACTICE AS A CERTIFIED MIDWIFE IN THIS STATE may be made by any27
635+167
636+-18- person or may be initiated by an inquiry panel of the board on its own1
637+motion. U
638+NLESS THE BOARD DETERMINES THE COMPLAINT TO BE WITHOUT2
639+MERIT OF INVESTIGATION, THE BOARD SHALL GIVE NOTICE OF THE3
640+COMPLAINT TO the nurse OR CERTIFIED MIDWIFE complained of, shall be
641+4
642+given notice, unless the board determines the complaint to be without5
643+merit of investigation, by first-class mail, and SHALL STATE IN the notice6
644+shall state the nature of the complaint and shall state that the failure to7
645+respond in a materially factual and timely manner constitutes grounds for8
646+discipline. The nurse
647+OR CERTIFIED MIDWIFE complained of shall be given9
648+thirty days to answer or explain in writing the matters described in such
649+10
650+THE complaint. Upon receipt of the nurse's OR CERTIFIED MIDWIFE'S11
651+answer or at the conclusion of thirty days, whichever occurs first, the12
652+inquiry panel may take further action as set forth in subsection (3)(a)(III)13
653+of this section.14
654+(III) Upon receipt of the nurse's
655+OR CERTIFIED MIDWIFE'S answer15
656+or the conclusion of thirty days, the inquiry panel may conduct a further16
657+investigation that may be made by one or more members of the inquiry17
658+panel;
659+IN THE CASE OF A COMPLAINT AGAINST A NURSE , one or more18
660+nurses who are not members of the board;
661+IN THE CASE OF A COMPLAINT19
662+AGAINST A CERTIFIED MIDWIFE, ONE OR MORE CERTIFIED MIDWIVES OR20
663+CERTIFIED NURSE MIDWIVES WHO ARE NOT MEMBERS OF THE BOARD ; a21
664+member of the staff of the board; a professional investigator; or any other22
665+person or organization as the inquiry panel directs. The investigation shall
666+23
667+MUST be entirely informal.24
668+(b) The board shall cause an investigation to be made when the25
669+board is informed of:26
670+(I) Disciplinary action taken by an employer of a nurse
671+OR27
672+167
673+-19- CERTIFIED MIDWIFE against the nurse OR CERTIFIED MIDWIFE or1
674+resignation in lieu of a disciplinary action for conduct that constitutes2
675+grounds for discipline under section 12-255-120 or 12-295-111. The3
676+employer shall report the disciplinary action or resignation to the board.4
677+(II) An instance of a malpractice settlement or judgment against5
678+a nurse
679+OR CERTIFIED MIDWIFE;6
680+(III) A nurse
681+OR CERTIFIED MIDWIFE who has not timely renewed7
682+his or her
683+ THE NURSE'S OR CERTIFIED MIDWIFE'S license and the nurse OR8
684+CERTIFIED MIDWIFE is actively engaged in the practice of nursing OR AS9
685+A CERTIFIED MIDWIFE.10
686+(c) On completion of an investigation, the inquiry panel shall11
687+make a finding that:12
688+(III) An instance of conduct occurred that does not warrant formal13
689+action by the board and that should be dismissed, but that indications of14
690+possible conduct by the nurse
691+OR CERTIFIED MIDWIFE were noted that15
692+could lead to serious consequences if not corrected. In such a case, the16
693+board shall send a confidential letter of concern in accordance with17
694+section 12-20-404 (5) to the nurse
695+OR CERTIFIED MIDWIFE against whom18
696+the complaint was made.19
697+(4) (a) All formal complaints shall be heard and determined in20
698+accordance with subsection (4)(b) of this section and section 24-4-105.21
699+Except as provided in subsection (1) of this section, all formal hearings22
700+shall be conducted by the hearings panel. The nurse
701+OR CERTIFIED23
702+MIDWIFE may be present in person or represented by counsel, or both, if24
703+so desired, to offer evidence and be heard in the nurse's
704+OR CERTIFIED25
705+MIDWIFE'S own defense. At formal hearings, the witnesses shall be sworn26
706+and a complete record shall be made of all proceedings and testimony.27
707+167
708+-20- (c) (III) If the hearings panel finds the charges proven and orders1
709+that discipline be imposed, it shall also determine the extent of the2
710+discipline, which may be in the form of a letter of admonition regarding3
711+a license or suspension for a definite or indefinite period, revocation, or4
712+nonrenewal of a license to practice. In addition to any other discipline that5
713+may be imposed pursuant to this section, the hearings panel may impose6
714+a fine of no less than two hundred fifty dollars but no more than one7
715+thousand dollars per violation on any nurse
716+OR CERTIFIED MIDWIFE who8
717+violates this part 1 or any rule adopted pursuant to this part 1. The board9
718+shall adopt rules establishing a fine structure and the circumstances under10
719+which fines may be imposed.11
720+(IV) In determining appropriate disciplinary action, the hearings12
721+panel shall first consider sanctions that are necessary to protect the public.13
722+Only after the panel has considered such sanctions shall it consider and14
723+order requirements designed to rehabilitate the nurse
724+OR CERTIFIED15
725+MIDWIFE. If discipline other than revocation of a license to practice is16
726+imposed, the hearings panel may also order that the nurse
727+OR CERTIFIED17
728+MIDWIFE be granted probation and allowed to continue to practice during18
729+the period of the probation. The hearings panel may also include in any19
730+disciplinary order that allows the nurse
731+OR CERTIFIED MIDWIFE to continue20
732+to practice such conditions as the panel may deem appropriate to assure21
733+that the nurse
734+OR CERTIFIED MIDWIFE is physically, mentally, and22
735+otherwise qualified to practice nursing
736+OR AS A CERTIFIED MIDWIFE in23
737+accordance with generally accepted standards of practice, including any24
738+of the following:25
739+(C) The review or supervision of the respondent's practice of26
740+nursing
741+OR AS A CERTIFIED MIDWIFE as may be necessary to determine the27
742+167
743+-21- quality of the respondent's practice of nursing OR AS A CERTIFIED MIDWIFE1
744+and to correct deficiencies therein IN THE RESPONDENT'S PRACTICE; or2
745+(e) The two-year waiting period specified in section 12-20-404 (3)3
746+applies to any person whose license to practice nursing,
747+PRACTICE AS A4
748+CERTIFIED MIDWIFE, or PRACTICE any other health-care occupation is5
749+revoked by any other legally qualified board.6
750+(6) Upon the expiration of any term of suspension, the license7
751+shall be reinstated by the board if the board is furnished with evidence8
752+that the nurse
753+OR CERTIFIED MIDWIFE has complied with all terms of the9
754+suspension. If the evidence shows the nurse
755+OR CERTIFIED MIDWIFE has10
756+not complied with all terms of the suspension, the board may revoke or11
757+continue the suspension of the license at a hearing, notice of which and12
758+the procedure at which shall be as provided in this section.13
759+(7) In case any nurse
760+OR CERTIFIED MIDWIFE is determined to be14
761+mentally incompetent or insane by a court of competent jurisdiction and15
762+a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section16
763+27-65-110 (4) or 27-65-127, an order specifically finding that the mental17
764+incompetency or insanity is of such a degree that the nurse
765+OR CERTIFIED18
766+MIDWIFE is incapable of continuing the practice of nursing OR AS A19
767+CERTIFIED MIDWIFE, the board shall automatically suspend the nurse's OR20
768+CERTIFIED MIDWIFE'S license, and, notwithstanding any provision of this21
769+part 1 to the contrary, the suspension must continue until the nurse
770+OR22
771+CERTIFIED MIDWIFE is found by the court to be competent to continue the23
772+practice of nursing
773+OR THE PRACTICE AS A CERTIFIED MIDWIFE , AS24
774+APPLICABLE.25
775+(8) (a) If the board has reasonable cause to believe that a nurse is26
776+unable to practice nursing,
777+OR A CERTIFIED MIDWIFE IS UNABLE TO27
778+167
779+-22- PRACTICE AS A CERTIFIED MIDWIFE, with reasonable skill and safety to1
780+patients because of a condition described in section 12-255-120 (1)(i) or2
781+(1)(j) or section 12-295-111 (1)(i) or (1)(j), it THE BOARD may require the3
649782 nurse
650-OR CERTIFIED MIDWIFE complained of, shall be given notice, unless
651-the board determines the complaint to be without merit of investigation, by
652-first-class mail, and
653-SHALL STATE IN the notice shall state
654- the nature of the
655-complaint and shall state that the failure to respond in a materially factual
656-and timely manner constitutes grounds for discipline. The nurse
657-OR
658-CERTIFIED MIDWIFE
659- complained of shall be given thirty days to answer or
660-explain in writing the matters described in such
661- THE complaint. Upon
662-receipt of the nurse's
663-OR CERTIFIED MIDWIFE'S answer or at the conclusion
664-of thirty days, whichever occurs first, the inquiry panel may take further
665-action as set forth in subsection (3)(a)(III) of this section.
666-(III) Upon receipt of the nurse's
667-OR CERTIFIED MIDWIFE'S answer or
668-the conclusion of thirty days, the inquiry panel may conduct a further
669-investigation that may be made by one or more members of the inquiry
670-panel;
671-IN THE CASE OF A COMPLAINT AGAINST A NURSE , one or more nurses
672-who are not members of the board;
673-IN THE CASE OF A COMPLAINT AGAINST
674-A CERTIFIED MIDWIFE
675-, ONE OR MORE CERTIFIED MIDWIVES OR CERTIFIED
676-NURSE MIDWIVES WHO ARE NOT MEMBERS OF THE BOARD
677-; a member of the
678-staff of the board; a professional investigator; or any other person or
679-organization as the inquiry panel directs. The investigation shall
680- MUST be
681-entirely informal.
682-(b) The board shall cause an investigation to be made when the
683-board is informed of:
684-(I) Disciplinary action taken by an employer of a nurse
685-OR CERTIFIED
686-PAGE 15-SENATE BILL 23-167 MIDWIFE against the nurse OR CERTIFIED MIDWIFE or resignation in lieu of
687-a disciplinary action for conduct that constitutes grounds for discipline
688-under section 12-255-120 or 12-295-111. The employer shall report the
689-disciplinary action or resignation to the board.
690-(II) An instance of a malpractice settlement or judgment against a
783+OR CERTIFIED MIDWIFE to submit to mental or physical examinations4
784+by a physician or other licensed health-care professional designated by the5
785+board. If a nurse
786+OR CERTIFIED MIDWIFE fails to submit to the mental or6
787+physical examinations, the board may suspend the nurse's
788+OR CERTIFIED7
789+MIDWIFE'S license until the required examinations are conducted.8
790+(b) (I) Every nurse
791+OR CERTIFIED MIDWIFE shall be deemed, by so9
792+practicing or by applying for renewal registration of the nurse's
793+OR10
794+CERTIFIED MIDWIFE'S license, to have consented to submit to mental or11
795+physical examinations when directed in writing by the board. Further, the12
691796 nurse
692-OR CERTIFIED MIDWIFE;
693-(III) A nurse
694-OR CERTIFIED MIDWIFE who has not timely renewed his
695-or her THE NURSE'S OR CERTIFIED MIDWIFE'S license and the nurse OR
696-CERTIFIED MIDWIFE
697- is actively engaged in the practice of nursing OR AS A
698-CERTIFIED MIDWIFE
699-.
700-(c) On completion of an investigation, the inquiry panel shall make
701-a finding that:
702-(III) An instance of conduct occurred that does not warrant formal
703-action by the board and that should be dismissed, but that indications of
704-possible conduct by the nurse
705-OR CERTIFIED MIDWIFE were noted that could
706-lead to serious consequences if not corrected. In such a case, the board shall
707-send a confidential letter of concern in accordance with section 12-20-404
708-(5) to the nurse
709-OR CERTIFIED MIDWIFE against whom the complaint was
710-made.
711-(4) (a) All formal complaints shall be heard and determined in
712-accordance with subsection (4)(b) of this section and section 24-4-105.
713-Except as provided in subsection (1) of this section, all formal hearings
714-shall be conducted by the hearings panel. The nurse
715-OR CERTIFIED MIDWIFE
716-may be present in person or represented by counsel, or both, if so desired,
717-to offer evidence and be heard in the nurse's
718-OR CERTIFIED MIDWIFE'S own
719-defense. At formal hearings, the witnesses shall be sworn and a complete
720-record shall be made of all proceedings and testimony.
721-(c) (III) If the hearings panel finds the charges proven and orders
722-that discipline be imposed, it shall also determine the extent of the
723-discipline, which may be in the form of a letter of admonition regarding a
724-license or suspension for a definite or indefinite period, revocation, or
725-nonrenewal of a license to practice. In addition to any other discipline that
726-may be imposed pursuant to this section, the hearings panel may impose a
727-fine of no less than two hundred fifty dollars but no more than one thousand
728-PAGE 16-SENATE BILL 23-167 dollars per violation on any nurse OR CERTIFIED MIDWIFE who violates this
729-part 1 or any rule adopted pursuant to this part 1. The board shall adopt
730-rules establishing a fine structure and the circumstances under which fines
731-may be imposed.
732-(IV) In determining appropriate disciplinary action, the hearings
733-panel shall first consider sanctions that are necessary to protect the public.
734-Only after the panel has considered such sanctions shall it consider and
735-order requirements designed to rehabilitate the nurse
736-OR CERTIFIED MIDWIFE.
737-If discipline other than revocation of a license to practice is imposed, the
738-hearings panel may also order that the nurse
739-OR CERTIFIED MIDWIFE be
740-granted probation and allowed to continue to practice during the period of
741-the probation. The hearings panel may also include in any disciplinary order
742-that allows the nurse
743-OR CERTIFIED MIDWIFE to continue to practice such
744-conditions as the panel may deem appropriate to assure that the nurse
745-OR
746-CERTIFIED MIDWIFE
747- is physically, mentally, and otherwise qualified to
748-practice nursing
749-OR AS A CERTIFIED MIDWIFE in accordance with generally
750-accepted standards of practice, including any of the following:
751-(C) The review or supervision of the respondent's practice of
797+OR CERTIFIED MIDWIFE shall be deemed to have waived all13
798+objections to the admissibility of the examining physician's or other14
799+licensed health-care professional's testimony or examination reports on15
800+the ground of privileged communication. Subject to applicable federal16
801+law, the nurse
802+OR CERTIFIED MIDWIFE shall be deemed to have waived all17
803+objections to the production of medical records to the board from18
804+health-care providers that may be necessary for the evaluations described19
805+in subsection (8)(a) of this section.20
806+(II) Nothing in this section shall prevent the
807+ PREVENTS A nurse OR21
808+CERTIFIED MIDWIFE from submitting to the board testimony or22
809+examination reports of a physician or other licensed health-care23
810+professional designated by the nurse
811+OR CERTIFIED MIDWIFE to a condition24
812+described in subsection (8)(a) of this section that may be considered by25
813+the board in conjunction with, but not in lieu of, testimony and26
814+examination reports of the physician or licensed health-care professional27
815+167
816+-23- designated by the board.1
817+(d) The board may require that a nurse
818+OR CERTIFIED MIDWIFE2
819+submit medical records for review in conjunction with an examination3
820+made pursuant to subsection (8)(a) of this section; except that the records4
821+shall
822+ remain confidential, and shall be reviewed by the board MAY5
823+REVIEW THE RECORDS only to the extent necessary to conduct an6
824+investigation.7
825+(10) A physician or other licensed health-care professional who,8
826+at the request of the board, examines a nurse shall be OR CERTIFIED9
827+MIDWIFE IS immune from suit for damages by the nurse OR CERTIFIED10
828+MIDWIFE examined if the examining physician or examining licensed11
829+health-care professional conducted the examination and made findings or12
830+a diagnosis in good faith.13
831+SECTION 11. In Colorado Revised Statutes, 12-255-120, amend14
832+(1)(d), (1)(f), (1)(g), (1)(j)(I), (1)(j)(II), (1)(l), (1)(n), (1)(v), (1)(w),15
833+(1)(x), (1)(y), (1)(dd), (1)(ee), and (1)(ff) as follows:16
834+12-255-120. Grounds for discipline - definitions. (1) "Grounds17
835+for discipline", as used in this part 1, means any action by any person18
836+who:19
837+(d) Has had a license to practice nursing,
838+PRACTICE AS A CERTIFIED20
839+MIDWIFE, or PRACTICE any other health-care occupation suspended or21
840+revoked in any jurisdiction. A certified copy of the order of suspension or22
841+revocation shall be
842+ IS prima facie evidence of the suspension or23
843+revocation.24
844+(f) Has practiced nursing
845+OR AS A CERTIFIED MIDWIFE in a manner25
846+that fails to meet generally accepted standards for the nursing
847+ practice OF26
848+NURSING OR AS A CERTIFIED MIDWIFE, AS APPLICABLE;27
849+167
850+-24- (g) Has violated any order or rule of the board pertaining to1
851+nursing practice,
852+PRACTICE AS A CERTIFIED MIDWIFE, or licensure;2
853+(j) Has failed to:3
854+(I) Notify the board, as required by section 12-30-108 (1), of a4
855+physical illness, physical condition, or behavioral health, mental health,5
856+or substance use disorder that affects the person's ability to practice6
752857 nursing
753-OR AS A CERTIFIED MIDWIFE as may be necessary to determine the
754-quality of the respondent's practice of nursing
755-OR AS A CERTIFIED MIDWIFE
756-and to correct deficiencies therein
757- IN THE RESPONDENT'S PRACTICE; or
758-(e) The two-year waiting period specified in section 12-20-404 (3)
759-applies to any person whose license to practice nursing,
760-PRACTICE AS A
761-CERTIFIED MIDWIFE
762-, or PRACTICE any other health-care occupation is
763-revoked by any other legally qualified board.
764-(6) Upon the expiration of any term of suspension, the license shall
765-be reinstated by the board if the board is furnished with evidence that the
858+OR AS A CERTIFIED MIDWIFE with reasonable skill and safety to7
859+patients or that may endanger the health or safety of individuals under the8
860+person's care;9
861+(II) Act within the limitations created by a physical illness,10
862+physical condition, or behavioral health, mental health, or substance use11
863+disorder that renders the person unable to practice nursing
864+OR AS A12
865+CERTIFIED MIDWIFE with reasonable skill and safety to patients or that may13
866+endanger the health or safety of individuals under the person's care; or14
867+(l) Has engaged in any conduct that would constitute a crime as15
868+defined in title 18 and that relates to the person's employment as a16
869+practical or professional nurse
870+OR AS A CERTIFIED MIDWIFE. In conjunction17
871+with any disciplinary proceeding pertaining to this subsection (1)(l), the18
872+board shall be governed by the provisions of sections 12-20-202 (5) and19
873+24-5-101.20
874+(n) Has engaged in any of the following activities and practices:21
875+(I) Willful and repeated ordering or performance, without clinical22
876+justification, of demonstrably unnecessary laboratory tests or studies;23
877+(II) The administration, without clinical justification, of treatment24
878+that is demonstrably unnecessary;25
879+(III) The failure to obtain consultations or perform referrals when26
880+failing to do so is not consistent with the standard of care for the27
881+167
882+-25- profession; or1
883+(IV) Ordering or performing, without clinical justification, any2
884+service, X ray, or treatment that is contrary to recognized standards of the3
885+practice of nursing
886+OR AS A CERTIFIED MIDWIFE as interpreted by the4
887+board;5
888+(v) Has failed to accurately complete and submit to the board the6
889+designated questionnaire upon renewal of a license pursuant to section7
890+12-255-110 (3), 12-255-111.5 (4), 12-255-114 (3), or 12-255-115 (7);8
891+(w) (I) Represents himself or herself
892+ ONESELF to an individual or9
893+to the general public by use of any word or abbreviation to indicate or10
894+induce others to believe that he or she is a licensed practical or11
895+professional nurse unless the person is actually licensed as a practical12
896+nurse or professional nurse, respectively; or13
897+(II) Uses the title "nurse", "registered nurse", "R.N.", "practical14
898+nurse", "trained practical nurse", "licensed vocational nurse", "licensed15
899+practical nurse", or "L.P.N." unless the person is licensed by the board
900+AS16
901+A PROFESSIONAL OR PRACTICAL NURSE , AS APPLICABLE;17
902+(III) R
903+EPRESENTS ONESELF TO AN INDIVIDUAL OR TO THE GENERAL18
904+PUBLIC BY USE OF ANY WORD OR A BBREVIATION TO INDICATE OR INDUCE19
905+OTHERS TO BELIEVE THAT THE PERSON IS A CERTIFIED MIDWIFE UNLESS20
906+THE PERSON IS ACTUALLY LICENSED AS A CERTIFIED MIDWIFE ; OR21
907+(IV) U
908+SES THE TITLE "CERTIFIED MIDWIFE" OR THE ABBREVIATION22
909+"C.M."
910+ UNLESS THE PERSON IS LICENSED BY THE BOARD AS A CERTIFIED23
911+MIDWIFE;24
912+(x) Practices as a practical or professional nurse
913+OR AS A25
914+CERTIFIED MIDWIFE during a period when the person's license has been26
915+suspended, revoked, or placed on inactive status pursuant to section27
916+167
917+-26- 12-255-122;1
918+(y) Sells or fraudulently obtains or furnishes a license to practice2
919+as a nurse
920+OR CERTIFIED MIDWIFE or aids or abets therein
921+ IN SUCH ACT;3
922+(dd) Has failed to notify the board, in writing and within thirty4
923+days after a judgment or settlement is entered, of a final judgment by a5
924+court of competent jurisdiction against the licensee for malpractice of6
925+nursing
926+OR AS A CERTIFIED MIDWIFE or a settlement by the licensee in7
927+response to charges or allegations of malpractice of nursing
928+OR AS A8
929+CERTIFIED MIDWIFE and, in the case of a judgment, has failed to include9
930+in the notice the name of the court, the case number, and the names of all10
931+parties to the action;11
932+(ee) Fails to report to the board, within thirty days after an adverse12
933+action, that an adverse action has been taken against the person by another13
934+licensing agency in another state or jurisdiction, a peer review body, a14
935+health-care institution, a professional, or
936+ nursing, OR CERTIFIED MIDWIFE15
937+society or association, a governmental agency, a law enforcement agency,16
938+or a court for acts or conduct that would constitute grounds for17
939+disciplinary or adverse action as described in this article 255;18
940+(ff) Fails to report to the board, within thirty days, the surrender19
941+of a license or other authorization to practice nursing
942+OR AS A CERTIFIED20
943+MIDWIFE in another state or jurisdiction or the surrender of membership21
944+on any nursing
945+OR CERTIFIED MIDWIFE staff or in any nursing, CERTIFIED22
946+MIDWIFE, or professional association or society while under investigation23
947+by any of those authorities or bodies for acts or conduct similar to acts or24
948+conduct that would constitute grounds for action as described in this25
949+article 255;26
950+SECTION 12. In Colorado Revised Statutes, 12-255-121, amend27
951+167
952+-27- (1)(a), (1)(b)(I), (2), and (6)(a) as follows:1
953+12-255-121. Withholding or denial of license - hearing -2
954+definitions. (1) (a) The board is empowered to determine summarily3
955+whether:4
956+(I) An applicant for a license or a temporary license to practice as5
957+a nurse
958+OR AS A CERTIFIED MIDWIFE possesses the qualifications required6
959+by this part 1; whether
960+7
961+(II) There is probable cause to believe that an applicant for a8
962+license or temporary license has done any of the acts set forth in section9
963+12-255-120 as grounds for discipline; or whether10
964+(III) The applicant for a license or temporary license has had a11
965+license to practice nursing,
966+PRACTICE AS A CERTIFIED MIDWIFE , or12
967+PRACTICE any other health-care occupation revoked by any legally13
968+authorized board.14
969+(b) As used in this section:15
970+(I) "Applicant" includes a nurse
971+OR CERTIFIED MIDWIFE seeking16
972+reinstatement or reactivation of a license pursuant to section 12-255-122,17
973+but does not include a renewal applicant.18
974+(2) (a) (I) If the board determines that an applicant does not19
975+possess the qualifications for licensure required by this part 1, that20
976+probable cause exists to believe that an applicant for a license or21
977+temporary license has done any of the acts set forth in section22
978+12-255-120, or that an applicant for a license or temporary license has had23
979+a nursing,
980+CERTIFIED MIDWIFE, or other health-care occupation license24
981+revoked by another legally authorized board, the board may withhold or25
982+deny the applicant a license under this part 1.26
983+(II) The board may deny a license or temporary license to practice27
984+167
985+-28- as a nurse OR AS A CERTIFIED MIDWIFE to any applicant during the time the1
986+applicant's license is under suspension in another state.2
987+(III) The board may deny a license or may grant a license subject3
988+to terms of probation if the board determines that an applicant for a4
989+license has not actively practiced practical or professional nursing,
990+HAS5
991+NOT ACTIVELY PRACTICED AS A CERTIFIED MIDWIFE , or has not otherwise6
992+maintained continued competency, as determined by the board, during the7
993+two years immediately preceding the application for licensure under this8
994+part 1.9
995+(b) If the board denies a license to an applicant pursuant to10
996+subsection (2)(a) of this section, the provisions of section 24-4-104 (9)11
997+apply. Upon the denial, the board shall provide the applicant with a12
998+statement in writing setting forth the following:13
999+(I) The basis of the board's determination that the applicant:14
1000+(A) Does not possess the qualifications required by this part 1;15
1001+(B) Has had a nursing,
1002+CERTIFIED MIDWIFE, or other health-care16
1003+occupation license revoked or suspended by another legally authorized17
1004+board; or18
1005+(C) Has not actively practiced practical or professional nursing,19
1006+HAS NOT ACTIVELY PRACTICED AS A CERTIFIED MIDWIFE , or has not20
1007+maintained continued competency during the previous two years; or21
1008+(II) The factual basis for probable cause that the applicant has22
1009+done any of the acts set forth in section 12-255-120.23
1010+(c) (I) If the board denies a
1011+NURSING license to an applicant on the24
1012+grounds that the applicant's nursing or other health-care occupation25
1013+license was revoked by another legally authorized board, the board may26
1014+require the applicant to pass a written examination as provided in section27
1015+167
1016+-29- 12-255-109 as a prerequisite to licensure. The applicant shall not be1
1017+allowed to take the written examination until at least two years after the2
1018+revocation of the nursing or other health-care occupation license.3
1019+(II) I
1020+F THE BOARD DENIES A CERTIFIED MIDWIFE LICENSE TO AN4
1021+APPLICANT ON THE GROUNDS THAT THE APPLICANT 'S CERTIFIED MIDWIFE5
1022+LICENSE WAS REVOKED BY ANOTHER LEGALLY AUTHORIZED BOARD , THE6
1023+BOARD MAY REQUIRE THE APPLICANT TO OBTAIN RECERTIFICATION FROM7
1024+THE AMERICAN MIDWIFERY CERTIFICATION BOARD, OR ITS SUCCESSOR8
1025+ENTITY, AS A PREREQUISITE TO LICENSURE. THE APPLICANT SHALL NOT BE9
1026+ALLOWED TO OBTAIN LICENSURE PURSUANT TO THIS SUBSECTION (2)(c)(II)10
1027+UNTIL AT LEAST TWO YEARS AFTER THE APPLICANT 'S CERTIFIED MIDWIFE11
1028+LICENSE WAS REVOKED.12
1029+(6) (a) At the hearing, the applicant shall have
1030+ HAS the burden of13
1031+proof to show that:14
1032+(I) The applicant possesses the qualifications required for15
1033+licensure under this part 1;16
1034+(II) The applicant's nursing,
1035+CERTIFIED MIDWIFE, or other17
1036+health-care occupation license was not revoked by another legally18
1037+authorized board; or19
1038+(III) The applicant has actively practiced practical or professional20
1039+nursing,
1040+HAS ACTIVELY PRACTICED AS A CERTIFIED MIDWIFE , or has21
1041+maintained continued competency during the two years prior to22
1042+application for a license under this part 1.23
1043+SECTION 13. In Colorado Revised Statutes, 12-255-122, amend24
1044+(1), (2), (3), (5), (6)(a), and (6)(b)(II) as follows:25
1045+12-255-122. Inactive license status - reactivation. (1) A nurse26
1046+OR CERTIFIED MIDWIFE licensed pursuant to section 12-255-110,27
1047+167
1048+-30- 12-255-111.5, or 12-255-114 may request that the board place his or her1
1049+THE NURSE'S OR CERTIFIED MIDWIFE'S license on inactive status. The2
1050+request shall be made in the form and manner designated by the board.3
1051+(2) A nurse
1052+OR CERTIFIED MIDWIFE requesting inactive license4
1053+status shall provide an affidavit or other document required by the board5
1054+certifying that, immediately upon the conferral of inactive status, the6
1055+nurse shall
1056+ WILL not practice nursing, OR THE CERTIFIED MIDWIFE WILL7
1057+NOT PRACTICE AS A CERTIFIED MIDWIFE, in the state unless and until the8
1058+nurse's
1059+OR CERTIFIED MIDWIFE'S license is reactivated pursuant to9
1060+subsection (6) of this section.10
1061+(3) Upon receiving the documentation pursuant to subsection (2)11
1062+of this section, the board shall approve a request for inactive license12
1063+status. However, the board may deny the request if the board has probable13
1064+cause to believe that the requesting nurse
1065+OR CERTIFIED MIDWIFE has14
1066+committed any of the acts set forth in section 12-255-120.15
1067+(5) A nurse
1068+OR CERTIFIED MIDWIFE with a license on inactive16
1069+status is not authorized to practice nursing
1070+OR AS A CERTIFIED MIDWIFE,17
1071+AS APPLICABLE, in Colorado. Any nurse practicing nursing while his or
1072+18
1073+her THE NURSE'S license is inactive, shall be AND ANY CERTIFIED MIDWIFE19
1074+PRACTICING AS A CERTIFIED MIDWIFE WHILE THE CERTIFIED MIDWIFE 'S20
1075+LICENSE IS INACTIVE, IS subject to disciplinary action pursuant to section21
1076+12-255-119 and criminal penalties pursuant to section 12-255-125.22
1077+(6) (a) A nurse
1078+OR CERTIFIED MIDWIFE with a license on inactive23
1079+status who wishes to resume the practice of nursing
1080+OR AS A CERTIFIED24
1081+MIDWIFE, AS APPLICABLE, shall file an application in the form and manner25
1082+designated by the board and pay the license reactivation fees established26
1083+pursuant to section 12-255-107. The board shall reactivate such license27
1084+167
1085+-31- unless subsection (6)(b) of this section applies.1
1086+(b) The board shall deny an application for reactivation of an2
1087+inactive license:3
1088+(II) If the board determines that the nurse
1089+OR CERTIFIED MIDWIFE4
1090+requesting reactivation has not actively practiced nursing
1091+OR AS A5
1092+CERTIFIED MIDWIFE in another state for the two-year period immediately6
1093+preceding the filing of the request for reactivation or has not otherwise7
1094+demonstrated continued competency to return to the active practice of8
1095+nursing
1096+OR AS A CERTIFIED MIDWIFE in a manner approved by the board.9
1097+SECTION 14. In Colorado Revised Statutes, 12-255-124, amend10
1098+(1), (3), and (4) as follows:11
1099+12-255-124. Surrender of license. (1) Prior to the initiation of12
1100+an investigation or hearing, any licensee or temporary license holder may13
1101+surrender his or her
1102+ THE INDIVIDUAL'S license to practice nursing OR AS14
1103+A CERTIFIED MIDWIFE.15
1104+(3) The board shall not issue a license or temporary license or16
1105+permit to a former licensee or temporary license or permit holder whose17
1106+license has been surrendered unless the licensee meets all of the18
1107+requirements of this part 1 for a new applicant, including,
1108+FOR19
1109+APPLICANTS FOR A LICENSE, TEMPORARY LICENSE, OR PERMIT TO PRACTICE20
1110+NURSING, the passing of an examination.21
1111+(4) The surrender of a license in accordance with this section22
1112+removes all rights and privileges to practice nursing
1113+OR AS A CERTIFIED23
1114+MIDWIFE, AS APPLICABLE, including renewal of a license.24
1115+SECTION 15. In Colorado Revised Statutes, amend 12-255-12525
1116+as follows:26
1117+12-255-125. Unauthorized practice - penalties. (1) It is27
1118+167
1119+-32- unlawful for any person to practice as a practical or professional nurse OR1
1120+AS A CERTIFIED MIDWIFE unless licensed to practice that profession.2
1121+(2) Any person who practices or offers or attempts to practice3
1122+practical or professional nursing
1123+OR AS A CERTIFIED MIDWIFE without an4
1124+active license issued under this part 1 is subject to penalties pursuant to5
1125+section 12-20-407 (1)(a).6
1126+SECTION 16. In Colorado Revised Statutes, amend 12-255-1267
1127+as follows:8
1128+12-255-126. Injunctive proceedings. The board may seek9
1129+injunctive relief in accordance with section 12-20-406, but only to enjoin10
1130+any person who does not possess a currently valid or active practical or11
1131+professional nurse license,
1132+CERTIFIED MIDWIFE LICENSE, or nurse aide12
1133+certification from committing any act declared to be unlawful or13
1134+prohibited by this article 255.14
1135+SECTION 17. In Colorado Revised Statutes, 12-255-127, amend15
1136+(1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(p), (1)(q), (2), and (3) as16
1137+follows:17
1138+12-255-127. Exclusions. (1) This part 1 does not prohibit:18
1139+(b) Domestic administration of family remedies or care of the sick19
1140+by domestic servants, housekeepers, companions, or household aides of20
1141+any type, whether employed regularly or because of an emergency of21
1142+illness, but who shall not in any way assume to practice practical or22
1143+professional nursing
1144+OR AS A CERTIFIED MIDWIFE;23
1145+(c) Nursing
1146+OR MIDWIFERY assistance in the case of an emergency;24
1147+(d) The practice of nursing
1148+OR AS A CERTIFIED MIDWIFE in this25
1149+state by any legally qualified nurse
1150+OR CERTIFIED MIDWIFE of another state26
1151+whose engagement requires the nurse
1152+OR CERTIFIED MIDWIFE to27
1153+167
1154+-33- accompany and care for a patient temporarily residing in this state, during1
1155+the period of one engagement, not to exceed six months in length, if the2
1156+person does not represent or hold himself or herself out as a practical or3
1157+professional nurse
1158+OR CERTIFIED MIDWIFE licensed to practice in this state;4
1159+(e) The practice of any nurse
1160+OR CERTIFIED MIDWIFE licensed in5
1161+this state or another state or a territory of the United States who is6
1162+employed by the United States government or any bureau, division, or7
1163+agency thereof
1164+ OF THE UNITED STATES GOVERNMENT while in the8
1165+discharge of official duties;9
1166+(f) The practice of nursing
1167+OR MIDWIFERY by students enrolled in10
1168+an educational
1169+ APPROVED EDUCATION program approved by the board OR11
1170+MIDWIFERY EDUCATION PROGRAM when the practice is performed as part12
1171+of an educational THE APPROVED EDUCATION program OR MIDWIFERY13
1172+EDUCATION PROGRAM prior to the graduation of the student;14
1173+(g) The practice of nursing
1174+OR AS A CERTIFIED MIDWIFE by any15
7661175 nurse
767-OR CERTIFIED MIDWIFE has complied with all terms of the suspension.
768-If the evidence shows the nurse
769-OR CERTIFIED MIDWIFE has not complied
770-with all terms of the suspension, the board may revoke or continue the
771-suspension of the license at a hearing, notice of which and the procedure at
772-which shall be as provided in this section.
773-(7) In case any nurse
774-OR CERTIFIED MIDWIFE is determined to be
775-mentally incompetent or insane by a court of competent jurisdiction and a
776-court enters, pursuant to part 3 or 4 of article 14 of title 15 or section
777-PAGE 17-SENATE BILL 23-167 27-65-110 (4) or 27-65-127, an order specifically finding that the mental
778-incompetency or insanity is of such a degree that the nurse
779-OR CERTIFIED
780-MIDWIFE
781- is incapable of continuing the practice of nursing OR AS A
782-CERTIFIED MIDWIFE
783-, the board shall automatically suspend the nurse's OR
784-CERTIFIED MIDWIFE
785-'S license, and, notwithstanding any provision of this part
786-1 to the contrary, the suspension must continue until the nurse
787-OR CERTIFIED
788-MIDWIFE
789- is found by the court to be competent to continue the practice of
1176+OR MIDWIFE WHO IS licensed in any other state, or
1177+ any territory of16
1178+the United States, or any other country
1179+AND IS enrolled in a baccalaureate17
1180+or graduate program, when
1181+ IF the practice is performed as a part of the18
1182+program;19
1183+(p) The administration of medical marijuana in a nonsmokeable20
1184+form by a licensee LICENSED NURSE in a public school or nonpublic21
1185+school pursuant to a policy adopted pursuant to section 22-1-119.322
1186+(3)(d.5);23
1187+(q) The training by a licensee LICENSED NURSE of school24
1188+personnel or volunteers on the administration of medical marijuana in a25
1189+nonsmokeable form in a public school or nonpublic school to a student26
1190+with a valid medical marijuana recommendation pursuant to a policy27
1191+167
1192+-34- adopted pursuant to section 22-1-119.3 (3)(d.5).1
1193+(2) This part 1 shall not be construed as applying to a person who2
1194+nurses or cares for the sick in accordance with the practice or tenets of3
1195+any church or religious denomination that teaches reliance upon spiritual4
1196+means through prayer for healing, and who does not hold himself or5
1197+herself out to the public to be a licensed practical or professional nurse
1198+OR6
1199+A CERTIFIED MIDWIFE.7
1200+(3) Nothing in this part 1:8
1201+(a) Prohibits any licensee from practicing practical or professional9
7901202 nursing
791-OR THE PRACTICE AS A CERTIFIED MIDWIFE, AS APPLICABLE.
792-(8) (a) If the board has reasonable cause to believe that a nurse is
793-unable to practice nursing,
794-OR A CERTIFIED MIDWIFE IS UNABLE TO PRACTICE
795-AS A CERTIFIED MIDWIFE
796-, with reasonable skill and safety to patients
797-because of a condition described in section 12-255-120 (1)(i) or (1)(j) or
798-section 12-295-111 (1)(i) or (1)(j), it
799- THE BOARD may require the nurse OR
800-CERTIFIED MIDWIFE
801- to submit to mental or physical examinations by a
802-physician or other licensed health-care professional designated by the board.
803-If a nurse
804-OR CERTIFIED MIDWIFE fails to submit to the mental or physical
805-examinations, the board may suspend the nurse's
806-OR CERTIFIED MIDWIFE'S
807-license until the required examinations are conducted.
808-(b) (I) Every nurse
809-OR CERTIFIED MIDWIFE shall be deemed, by so
810-practicing or by applying for renewal registration of the nurse's
811-OR
812-CERTIFIED MIDWIFE
813-'S license, to have consented to submit to mental or
814-physical examinations when directed in writing by the board. Further, the
815-nurse
816-OR CERTIFIED MIDWIFE shall be deemed to have waived all objections
817-to the admissibility of the examining physician's or other licensed
818-health-care professional's testimony or examination reports on the ground
819-of privileged communication. Subject to applicable federal law, the nurse
820-OR CERTIFIED MIDWIFE shall be deemed to have waived all objections to the
821-production of medical records to the board from health-care providers that
822-may be necessary for the evaluations described in subsection (8)(a) of this
823-section.
824-(II) Nothing in this section shall prevent the
825- PREVENTS A nurse OR
826-CERTIFIED MIDWIFE
827- from submitting to the board testimony or examination
828-reports of a physician or other licensed health-care professional designated
829-by the nurse
830-OR CERTIFIED MIDWIFE to a condition described in subsection
831-(8)(a) of this section that may be considered by the board in conjunction
832-with, but not in lieu of, testimony and examination reports of the physician
833-or licensed health-care professional designated by the board.
834-PAGE 18-SENATE BILL 23-167 (d) The board may require that a nurse OR CERTIFIED MIDWIFE
835-submit medical records for review in conjunction with an examination made
836-pursuant to subsection (8)(a) of this section; except that the records shall
837-remain confidential, and shall be reviewed by the board MAY REVIEW THE
838-RECORDS
839- only to the extent necessary to conduct an investigation.
840-(10) A physician or other licensed health-care professional who, at
841-the request of the board, examines a nurse shall be
842- OR CERTIFIED MIDWIFE
843-IS
844- immune from suit for damages by the nurse OR CERTIFIED MIDWIFE
845-examined if the examining physician or examining licensed health-care
846-professional conducted the examination and made findings or a diagnosis
847-in good faith.
848-SECTION 11. In Colorado Revised Statutes, 12-255-120, amend
849-(1)(d), (1)(f), (1)(g), (1)(j)(I), (1)(j)(II), (1)(l), (1)(n), (1)(v), (1)(w), (1)(x),
850-(1)(y), (1)(dd), (1)(ee), and (1)(ff) as follows:
851-12-255-120. Grounds for discipline - definitions. (1) "Grounds for
852-discipline", as used in this part 1, means any action by any person who:
853-(d) Has had a license to practice nursing,
854-PRACTICE AS A CERTIFIED
855-MIDWIFE
856-, or PRACTICE any other health-care occupation suspended or
857-revoked in any jurisdiction. A certified copy of the order of suspension or
858-revocation shall be
859- IS prima facie evidence of the suspension or revocation.
860-(f) Has practiced nursing
861-OR AS A CERTIFIED MIDWIFE in a manner
862-that fails to meet generally accepted standards for the nursing
863- practice OF
864-NURSING OR AS A CERTIFIED MIDWIFE
865-, AS APPLICABLE;
866-(g) Has violated any order or rule of the board pertaining to nursing
867-practice,
868-PRACTICE AS A CERTIFIED MIDWIFE, or licensure;
869-(j) Has failed to:
870-(I) Notify the board, as required by section 12-30-108 (1), of a
871-physical illness, physical condition, or behavioral health, mental health, or
872-substance use disorder that affects the person's ability to practice nursing
873-OR
874-AS A CERTIFIED MIDWIFE
875- with reasonable skill and safety to patients or that
876-may endanger the health or safety of individuals under the person's care;
877-PAGE 19-SENATE BILL 23-167 (II) Act within the limitations created by a physical illness, physical
878-condition, or behavioral health, mental health, or substance use disorder that
879-renders the person unable to practice nursing
880-OR AS A CERTIFIED MIDWIFE
881-with reasonable skill and safety to patients or that may endanger the health
882-or safety of individuals under the person's care; or
883-(l) Has engaged in any conduct that would constitute a crime as
884-defined in title 18 and that relates to the person's employment as a practical
885-or professional nurse
886-OR AS A CERTIFIED MIDWIFE. In conjunction with any
887-disciplinary proceeding pertaining to this subsection (1)(l), the board shall
888-be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
889-(n) Has engaged in any of the following activities and practices:
890-(I) Willful and repeated ordering or performance, without clinical
891-justification, of demonstrably unnecessary laboratory tests or studies;
892-(II) The administration, without clinical justification, of treatment
893-that is demonstrably unnecessary;
894-(III) The failure to obtain consultations or perform referrals when
895-failing to do so is not consistent with the standard of care for the profession;
896-or
897-(IV) Ordering or performing, without clinical justification, any
898-service, X ray, or treatment that is contrary to recognized standards of the
899-practice of nursing
900-OR AS A CERTIFIED MIDWIFE as interpreted by the board;
901-(v) Has failed to accurately complete and submit to the board the
902-designated questionnaire upon renewal of a license pursuant to section
903-12-255-110 (3), 12-255-111.5 (4), 12-255-114 (3), or 12-255-115 (7);
904-(w) (I) Represents himself or herself
905- ONESELF to an individual or to
906-the general public by use of any word or abbreviation to indicate or induce
907-others to believe that he or she is a licensed practical or professional nurse
908-unless the person is actually licensed as a practical nurse or professional
909-nurse, respectively; or
910-(II) Uses the title "nurse", "registered nurse", "R.N.", "practical
911-nurse", "trained practical nurse", "licensed vocational nurse", "licensed
912-PAGE 20-SENATE BILL 23-167 practical nurse", or "L.P.N." unless the person is licensed by the board AS
913-A PROFESSIONAL OR PRACTICAL NURSE
914-, AS APPLICABLE;
915-(III) R
916-EPRESENTS ONESELF TO AN INDIVIDUAL OR TO THE GENERAL
917-PUBLIC BY USE OF ANY WORD OR ABBREVIATION TO INDICATE OR INDUCE
918-OTHERS TO BELIEVE THAT THE PERSON IS A CERTIFIED MIDWIFE UNLESS THE
919-PERSON IS ACTUALLY LICENSED AS A CERTIFIED MIDWIFE
920-; OR
921-(IV) USES THE TITLE "CERTIFIED MIDWIFE" OR THE ABBREVIATION
922-"C.M." UNLESS THE PERSON IS LICENSED BY THE BOARD AS A CERTIFIED
923-MIDWIFE
924-;
925-(x) Practices as a practical or professional nurse
926-OR AS A CERTIFIED
927-MIDWIFE
928- during a period when the person's license has been suspended,
929-revoked, or placed on inactive status pursuant to section 12-255-122;
930-(y) Sells or fraudulently obtains or furnishes a license to practice as
931-a nurse
932-OR CERTIFIED MIDWIFE or aids or abets therein
933- IN SUCH ACT;
934-(dd) Has failed to notify the board, in writing and within thirty days
935-after a judgment or settlement is entered, of a final judgment by a court of
936-competent jurisdiction against the licensee for malpractice of nursing
937-OR AS
938-A CERTIFIED MIDWIFE
939- or a settlement by the licensee in response to charges
940-or allegations of malpractice of nursing
941-OR AS A CERTIFIED MIDWIFE and, in
942-the case of a judgment, has failed to include in the notice the name of the
943-court, the case number, and the names of all parties to the action;
944-(ee) Fails to report to the board, within thirty days after an adverse
945-action, that an adverse action has been taken against the person by another
946-licensing agency in another state or jurisdiction, a peer review body, a
947-health-care institution, a professional, or nursing, OR CERTIFIED MIDWIFE
948-society or association, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 255;
949-(ff) Fails to report to the board, within thirty days, the surrender of
950-a license or other authorization to practice nursing
951-OR AS A CERTIFIED
952-MIDWIFE
953- in another state or jurisdiction or the surrender of membership on
954-any nursing
955-OR CERTIFIED MIDWIFE staff or in any nursing, CERTIFIED
956-MIDWIFE
957-, or professional association or society while under investigation by
958-PAGE 21-SENATE BILL 23-167 any of those authorities or bodies for acts or conduct similar to acts or
959-conduct that would constitute grounds for action as described in this article
960-255;
961-SECTION 12. In Colorado Revised Statutes, 12-255-121, amend
962-(1)(a), (1)(b)(I), (2), and (6)(a) as follows:
963-12-255-121. Withholding or denial of license - hearing -
964-definitions. (1) (a) The board is empowered to determine summarily
965-whether:
966-(I) An applicant for a license or a temporary license to practice as
967-a nurse
968-OR AS A CERTIFIED MIDWIFE possesses the qualifications required by
969-this part 1; whether
970-(II) There is probable cause to believe that an applicant for a license
971-or temporary license has done any of the acts set forth in section 12-255-120
972-as grounds for discipline; or whether
973-(III) The applicant for a license or temporary license has had a
974-license to practice nursing,
975-PRACTICE AS A CERTIFIED MIDWIFE, or PRACTICE
976-any other health-care occupation revoked by any legally authorized board.
977-(b) As used in this section:
978-(I) "Applicant" includes a nurse
979-OR CERTIFIED MIDWIFE seeking
980-reinstatement or reactivation of a license pursuant to section 12-255-122,
981-but does not include a renewal applicant.
982-(2) (a) (I) If the board determines that an applicant does not possess
983-the qualifications for licensure required by this part 1, that probable cause
984-exists to believe that an applicant for a license or temporary license has
985-done any of the acts set forth in section 12-255-120, or that an applicant for
986-a license or temporary license has had a nursing,
987-CERTIFIED MIDWIFE, or
988-other health-care occupation license revoked by another legally authorized
989-board, the board may withhold or deny the applicant a license under this
990-part 1.
991-(II) The board may deny a license or temporary license to practice
992-as a nurse
993-OR AS A CERTIFIED MIDWIFE to any applicant during the time the
994-PAGE 22-SENATE BILL 23-167 applicant's license is under suspension in another state.
995-(III) The board may deny a license or may grant a license subject to
996-terms of probation if the board determines that an applicant for a license has
997-not actively practiced practical or professional nursing,
998-HAS NOT ACTIVELY
999-PRACTICED AS A CERTIFIED MIDWIFE
1000-, or has not otherwise maintained
1001-continued competency, as determined by the board, during the two years
1002-immediately preceding the application for licensure under this part 1.
1003-(b) If the board denies a license to an applicant pursuant to
1004-subsection (2)(a) of this section, the provisions of section 24-4-104 (9)
1005-apply. Upon the denial, the board shall provide the applicant with a
1006-statement in writing setting forth the following:
1007-(I) The basis of the board's determination that the applicant:
1008-(A) Does not possess the qualifications required by this part 1;
1009-(B) Has had a nursing,
1010-CERTIFIED MIDWIFE, or other health-care
1011-occupation license revoked or suspended by another legally authorized
1012-board; or
1013-(C) Has not actively practiced practical or professional nursing,
1014-HAS
1015-NOT ACTIVELY PRACTICED AS A CERTIFIED MIDWIFE
1016-, or has not maintained
1017-continued competency during the previous two years; or
1018-(II) The factual basis for probable cause that the applicant has done
1019-any of the acts set forth in section 12-255-120.
1020-(c) (I) If the board denies a
1021-NURSING license to an applicant on the
1022-grounds that the applicant's nursing or other health-care occupation license
1023-was revoked by another legally authorized board, the board may require the
1024-applicant to pass a written examination as provided in section 12-255-109
1025-as a prerequisite to licensure. The applicant shall not be allowed to take the
1026-written examination until at least two years after the revocation of the
1027-nursing or other health-care occupation license.
1028-(II) I
1029-F THE BOARD DENIES A CERTIFIED MIDWIFE LICENSE TO AN
1030-APPLICANT ON THE GROUNDS THAT THE APPLICANT
1031-'S CERTIFIED MIDWIFE
1032-LICENSE WAS REVOKED BY ANOTHER LEGALLY AUTHORIZED BOARD
1033-, THE
1034-PAGE 23-SENATE BILL 23-167 BOARD MAY REQUIRE THE APPLICANT TO OBTAIN RECERTIFICATION FROM
1035-THE
1036-AMERICAN MIDWIFERY CERTIFICATION BOARD, OR ITS SUCCESSOR
1037-ENTITY
1038-, AS A PREREQUISITE TO LICENSURE. THE APPLICANT SHALL NOT BE
1039-ALLOWED TO OBTAIN LICENSURE PURSUANT TO THIS SUBSECTION
1040- (2)(c)(II)
1041-UNTIL AT LEAST TWO YEARS AFTER THE APPLICANT 'S CERTIFIED MIDWIFE
1042-LICENSE WAS REVOKED
1043-.
1044-(6) (a) At the hearing, the applicant shall have
1045- HAS the burden of
1046-proof to show that:
1047-(I) The applicant possesses the qualifications required for licensure
1048-under this part 1;
1049-(II) The applicant's nursing,
1050-CERTIFIED MIDWIFE, or other health-care
1051-occupation license was not revoked by another legally authorized board; or
1052-(III) The applicant has actively practiced practical or professional
1053-nursing,
1054-HAS ACTIVELY PRACTICED AS A CERTIFIED MIDWIFE , or has
1055-maintained continued competency during the two years prior to application
1056-for a license under this part 1.
1057-SECTION 13. In Colorado Revised Statutes, 12-255-122, amend
1058-(1), (2), (3), (5), (6)(a), and (6)(b)(II) as follows:
1059-12-255-122. Inactive license status - reactivation. (1) A nurse
1060-OR
1061-CERTIFIED MIDWIFE
1062- licensed pursuant to section 12-255-110, 12-255-111.5,
1063-or 12-255-114 may request that the board place his or her
1064- THE NURSE'S OR
1065-CERTIFIED MIDWIFE
1066-'S license on inactive status. The request shall be made
1067-in the form and manner designated by the board.
1068-(2) A nurse
1069-OR CERTIFIED MIDWIFE requesting inactive license status
1070-shall provide an affidavit or other document required by the board certifying
1071-that, immediately upon the conferral of inactive status, the nurse shall
1072- WILL
1073-not practice nursing, OR THE CERTIFIED MIDWIFE WILL NOT PRACTICE AS A
1074-CERTIFIED MIDWIFE
1075-, in the state unless and until
1076- the nurse's OR CERTIFIED
1077-MIDWIFE
1078-'S license is reactivated pursuant to subsection (6) of this section.
1079-(3) Upon receiving the documentation pursuant to subsection (2) of
1080-this section, the board shall approve a request for inactive license status.
1081-However, the board may deny the request if the board has probable cause
1082-PAGE 24-SENATE BILL 23-167 to believe that the requesting nurse OR CERTIFIED MIDWIFE has committed
1083-any of the acts set forth in section 12-255-120.
1084-(5) A nurse
1085-OR CERTIFIED MIDWIFE with a license on inactive status
1086-is not authorized to practice nursing
1087-OR AS A CERTIFIED MIDWIFE, AS
1088-APPLICABLE
1089-, in Colorado. Any nurse practicing nursing while his or her
1090- THE
1091-NURSE
1092-'S license is inactive, shall be
1093- AND ANY CERTIFIED MIDWIFE
1094-PRACTICING AS A CERTIFIED MIDWIFE WHILE THE CERTIFIED MIDWIFE
1095-'S
1096-LICENSE IS INACTIVE
1097-, IS subject to disciplinary action pursuant to section
1098-12-255-119 and criminal penalties pursuant to section 12-255-125.
1099-(6) (a) A nurse
1100-OR CERTIFIED MIDWIFE with a license on inactive
1101-status who wishes to resume the practice of nursing
1102-OR AS A CERTIFIED
1103-MIDWIFE
1104-, AS APPLICABLE, shall file an application in the form and manner
1105-designated by the board and pay the license reactivation fees established
1106-pursuant to section 12-255-107. The board shall reactivate such license
1107-unless subsection (6)(b) of this section applies.
1108-(b) The board shall deny an application for reactivation of an
1109-inactive license:
1110-(II) If the board determines that the nurse
1111-OR CERTIFIED MIDWIFE
1112-requesting reactivation has not actively practiced nursing OR AS A CERTIFIED
1113-MIDWIFE
1114- in another state for the two-year period immediately preceding the
1115-filing of the request for reactivation or has not otherwise demonstrated
1116-continued competency to return to the active practice of nursing
1117-OR AS A
1118-CERTIFIED MIDWIFE
1119- in a manner approved by the board.
1120-SECTION 14. In Colorado Revised Statutes, 12-255-124, amend
1121-(1), (3), and (4) as follows:
1122-12-255-124. Surrender of license. (1) Prior to the initiation of an
1123-investigation or hearing, any licensee or temporary license holder may
1124-surrender his or her
1125- THE INDIVIDUAL'S license to practice nursing OR AS A
1126-CERTIFIED MIDWIFE
1127-.
1128-(3) The board shall not issue a license or temporary license or permit
1129-to a former licensee or temporary license or permit holder whose license has
1130-been surrendered unless the licensee meets all of the requirements of this
1131-part 1 for a new applicant, including,
1132-FOR APPLICANTS FOR A LICENSE,
1133-PAGE 25-SENATE BILL 23-167 TEMPORARY LICENSE, OR PERMIT TO PRACTICE NURSING, the passing of an
1134-examination.
1135-(4) The surrender of a license in accordance with this section
1136-removes all rights and privileges to practice nursing
1137-OR AS A CERTIFIED
1138-MIDWIFE
1139-, AS APPLICABLE, including renewal of a license.
1140-SECTION 15. In Colorado Revised Statutes, amend 12-255-125
1141-as follows:
1142-12-255-125. Unauthorized practice - penalties. (1) It is unlawful
1143-for any person to practice as a practical or professional nurse
1144-OR AS A
1145-CERTIFIED MIDWIFE
1146- unless licensed to practice that profession.
1147-(2) Any person who practices or offers or attempts to practice
1148-practical or professional nursing
1149-OR AS A CERTIFIED MIDWIFE without an
1150-active license issued under this part 1 is subject to penalties pursuant to
1151-section 12-20-407 (1)(a).
1152-SECTION 16. In Colorado Revised Statutes, amend 12-255-126
1153-as follows:
1154-12-255-126. Injunctive proceedings. The board may seek
1155-injunctive relief in accordance with section 12-20-406, but only to enjoin
1156-any person who does not possess a currently valid or active practical or
1157-professional nurse license,
1158-CERTIFIED MIDWIFE LICENSE, or nurse aide
1159-certification from committing any act declared to be unlawful or prohibited
1160-by this article 255.
1161-SECTION 17. In Colorado Revised Statutes, 12-255-127, amend
1162-(1)(b), (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(p), (1)(q), (2), and (3) as
1163-follows:
1164-12-255-127. Exclusions. (1) This part 1 does not prohibit:
1165-(b) Domestic administration of family remedies or care of the sick
1166-by domestic servants, housekeepers, companions, or household aides of any
1167-type, whether employed regularly or because of an emergency of illness, but
1168-who shall not in any way assume to practice practical or professional
1169-nursing
1170-OR AS A CERTIFIED MIDWIFE;
1171-PAGE 26-SENATE BILL 23-167 (c) Nursing OR MIDWIFERY assistance in the case of an emergency;
1172-(d) The practice of nursing
1173-OR AS A CERTIFIED MIDWIFE in this state
1174-by any legally qualified nurse
1175-OR CERTIFIED MIDWIFE of another state whose
1176-engagement requires the nurse
1177-OR CERTIFIED MIDWIFE to accompany and
1178-care for a patient temporarily residing in this state, during the period of one
1179-engagement, not to exceed six months in length, if the person does not
1180-represent or hold himself or herself out as a practical or professional nurse
1181-OR CERTIFIED MIDWIFE licensed to practice in this state;
1182-(e) The practice of any nurse
1183-OR CERTIFIED MIDWIFE licensed in this
1184-state or another state or a territory of the United States who is employed by
1185-the United States government or any bureau, division, or agency thereof
1186- OF
1187-THE
1188-UNITED STATES GOVERNMENT while in the discharge of official duties;
1189-(f) The practice of nursing
1190-OR MIDWIFERY by students enrolled in an
1191-educational
1192- APPROVED EDUCATION program approved by the board OR
1193-MIDWIFERY EDUCATION PROGRAM
1194- when the practice is performed as part of
1195-an educational
1196- THE APPROVED EDUCATION program OR MIDWIFERY
1197-EDUCATION PROGRAM
1198- prior to the graduation of the student;
1199-(g) The practice of nursing
1200-OR AS A CERTIFIED MIDWIFE by any nurse
1201-OR MIDWIFE WHO IS licensed in any other state, or
1202- any territory of the United
1203-States, or any other country
1204-AND IS enrolled in a baccalaureate or graduate
1205-program, when
1206- IF the practice is performed as a part of the program;
1207-(p) The administration of medical marijuana in a nonsmokeable
1208-form by a licensee LICENSED NURSE in a public school or nonpublic school
1209-pursuant to a policy adopted pursuant to section 22-1-119.3 (3)(d.5);
1210-(q) The training by a licensee LICENSED NURSE of school personnel
1211-or volunteers on the administration of medical marijuana in a nonsmokeable
1212-form in a public school or nonpublic school to a student with a valid
1213-medical marijuana recommendation pursuant to a policy adopted pursuant
1214-to section 22-1-119.3 (3)(d.5).
1215-(2) This part 1 shall not be construed as applying to a person who
1216-nurses or cares for the sick in accordance with the practice or tenets of any
1217-church or religious denomination that teaches reliance upon spiritual means
1218-through prayer for healing, and who does not hold himself or herself out to
1219-PAGE 27-SENATE BILL 23-167 the public to be a licensed practical or professional nurse OR A CERTIFIED
1220-MIDWIFE
1221-.
1222-(3) Nothing in this part 1:
1223-(a) Prohibits any licensee from practicing practical or professional
1224-nursing
1225-OR AS A CERTIFIED MIDWIFE independently for compensation upon
1226-a fee for services basis;
1203+OR AS A CERTIFIED MIDWIFE independently for compensation upon10
1204+a fee for services basis;11
12271205 (b) Prohibits or requires the direct reimbursement for nursing
1228-OR
1229-CERTIFIED MIDWIFE
1230- services and care through qualified governmental and
1231-insurance programs to persons duly licensed in accordance with this part 1;
1232-or
1206+OR12
1207+CERTIFIED MIDWIFE services and care through qualified governmental and13
1208+insurance programs to persons duly licensed in accordance with this part14
1209+1; or15
12331210 (c) Conveys to the practice of nursing
1234-OR THE PRACTICE AS A
1235-CERTIFIED MIDWIFE
1236- the performance of medical practice as regulated by
1211+OR THE PRACTICE AS A16
1212+CERTIFIED MIDWIFE the performance of medical practice as regulated by17
12371213 article 240 of this title 12,
1238-OTHER THAN AS PERM ITTED UNDER SECTION
1239-12-240-107 (1)(f)(I).
1240-SECTION 18. In Colorado Revised Statutes, amend 12-255-128
1241-as follows:
1242-12-255-128. Prescribing opiate antagonists. An advanced practice
1243-registered nurse
1244-OR CERTIFIED MIDWIFE with prescriptive authority pursuant
1245-to section 12-255-112 may prescribe or dispense an opiate antagonist in
1246-accordance with section 12-30-110.
1247-SECTION 19. In Colorado Revised Statutes, 12-255-130, amend
1248-(1), (2)(b), (3)(a) introductory portion, (3)(c), (4), and (6) as follows:
1249-12-255-130. Peer health assistance or alternative to discipline
1250-program - fund - rules. (1) As a condition of licensure and for the purpose
1251-of supporting a nursing
1252- peer health assistance program FOR NURSES OR
1253-CERTIFIED MIDWIVES
1254- or a nurse
1255- AN alternative to discipline program FOR
1256-NURSES OR CERTIFIED MIDWIVES
1257-, every applicant for an initial license or to
1258-reinstate a license and any person renewing a license issued pursuant to this
1259-part 1 shall pay to the administering entity designated pursuant to subsection
1260-(3)(c) of this section a fee in an amount set by the board, not to exceed
1261-twenty-five dollars per year; except that the board may adjust the amount
1262-each January 1 to reflect changes in the United States department of labor's
1263-PAGE 28-SENATE BILL 23-167 bureau of labor statistics consumer price index, or its successor index, for
1264-Denver-Aurora-Lakewood for goods paid by urban consumers.
1265-(2) (b) Money in the fund shall be used to support a nursing peer
1214+OTHER THAN AS PERMITTED UNDER SECTION18
1215+12-240-107 (1)(f)(I).19
1216+SECTION 18. In Colorado Revised Statutes, amend 12-255-12820
1217+as follows:21
1218+12-255-128. Prescribing opiate antagonists. An advanced22
1219+practice registered nurse
1220+OR CERTIFIED MIDWIFE with prescriptive23
1221+authority pursuant to section 12-255-112 may prescribe or dispense an24
1222+opiate antagonist in accordance with section 12-30-110.25
1223+SECTION 19. In Colorado Revised Statutes, 12-255-130, amend26
1224+(1), (2)(b), (3)(a) introductory portion, (3)(c), (4), and (6) as follows:27
1225+167
1226+-35- 12-255-130. Peer health assistance or alternative to discipline1
1227+program - fund - rules. (1) As a condition of licensure and for the2
1228+purpose of supporting a nursing peer health assistance program FOR3
1229+NURSES OR CERTIFIED MIDWIVES or a nurse AN alternative to discipline4
1230+program
1231+FOR NURSES OR CERTIFIED MIDWIVES , every applicant for an5
1232+initial license or to reinstate a license and any person renewing a license6
1233+issued pursuant to this part 1 shall pay to the administering entity7
1234+designated pursuant to subsection (3)(c) of this section a fee in an amount8
1235+set by the board, not to exceed twenty-five dollars per year; except that9
1236+the board may adjust the amount each January 1 to reflect changes in the10
1237+United States department of labor's bureau of labor statistics consumer11
1238+price index, or its successor index, for Denver-Aurora-Lakewood for12
1239+goods paid by urban consumers.13
1240+(2) (b) Money in the fund shall be used to support a nursing
1241+ peer14
12661242 health assistance program
1267-FOR NURSES AND CERTIFIED MIDWIVES or nurseAN alternative to discipline program FOR NURSES AND CERTIFIED MIDWIVES
1268-in providing assistance to licensees needing help in dealing with physical, emotional, psychiatric, or psychological problems or behavioral, mental health, or substance use disorders that may be detrimental to their ability to practice nursing
1269-OR TO PRACTICE AS A CERTIFIED MIDWIFE.
1270-(3) (a) The board shall select one or more recognized peer health
1271-assistance organizations or nurse alternative to discipline programs as
1272-designated providers. For purposes of selecting designated providers, the
1273-board shall use a competitive bidding process that encourages participation
1274-from interested vendors. To be eligible for designation by the board
1275-pursuant to this section, a peer health assistance organization or nurse
1276-alternative to discipline program shall:
1277-(c) The board shall designate an administering entity for a program
1278-established pursuant to this section. The entity shall MUST be a nonprofit
1279-private entity that is qualified under 26 U.S.C. sec. 501 (c)(3) of the federal
1280-"Internal Revenue Code of 1986", as amended, and shall
1281- be dedicated to
1282-providing support for charitable, benevolent, educational, or scientific
1283-purposes that are related to nursing
1284-OR MIDWIFERY, nursing OR MIDWIFERY
1285-education, nursing OR MIDWIFERY research and science, and other nursing
1286-OR MIDWIFERY charitable purposes.
1287-(4) Notwithstanding sections 12-255-119 and 24-4-104, the board
1288-may immediately suspend the license of any licensee who is referred to a
1289-peer health assistance program or nurse
1290- alternative to discipline program by
1291-the board and who fails to attend or to complete the program. If the licensee
1292-objects to the suspension, he or she
1293- THE LICENSEE may submit a written
1294-request to the board for a formal hearing on the suspension within ten days
1295-after receiving notice of the suspension, and the board shall grant the
1296-request. In the hearing, the licensee shall bear the burden of proving that his
1297-or her THE INDIVIDUAL'S license should not be suspended.
1298-(6) Nothing in this section shall be construed to create any liability
1299-of the board, members of the board, or the state of Colorado for the actions
1300-PAGE 29-SENATE BILL 23-167 of the board in making awards to peer health assistance organizations or
1301-nurse alternative to discipline programs or in designating licensees to
1302-participate in the programs of such organizations. No civil action may be
1303-brought or maintained against the board, its members, or the state for an
1304-injury alleged to have been the result of an act or omission of a licensee
1305-participating in or referred to a program provided by a peer health assistance
1306-organization or to a nurse
1307- AN alternative to discipline program. However,
1308-the state shall remain REMAINS liable under the provisions of the "Colorado
1309-Governmental Immunity Act", article 10 of title 24, if an injury alleged to
1310-have been the result of an act or omission of a licensee participating in or
1311-referred to a peer health assistance program or nurse
1312- alternative to discipline
1313-program occurred while such licensee was performing duties as an
1314-employee of the state.
1315-SECTION 20. In Colorado Revised Statutes, amend 12-255-131
1316-as follows:
1317-12-255-131. Delegation of nursing or midwifery tasks - rules.
1318-(1) Any licensed practical nurse, registered nurse, or
1319- advanced practice
1243+FOR NURSES AND CERTIFIED MIDWIVES or nurse
1244+15
1245+AN alternative to discipline program FOR NURSES AND CERTIFIED16
1246+MIDWIVES in providing assistance to licensees needing help in dealing17
1247+with physical, emotional, psychiatric, or psychological problems or18
1248+behavioral, mental health, or substance use disorders that may be19
1249+detrimental to their ability to practice nursing
1250+OR TO PRACTICE AS A20
1251+CERTIFIED MIDWIFE.21
1252+(3) (a) The board shall select one or more recognized peer health22
1253+assistance organizations or nurse
1254+ alternative to discipline programs as23
1255+designated providers. For purposes of selecting designated providers, the24
1256+board shall use a competitive bidding process that encourages25
1257+participation from interested vendors. To be eligible for designation by26
1258+the board pursuant to this section, a peer health assistance organization or27
1259+167
1260+-36- nurse alternative to discipline program shall:1
1261+(c) The board shall designate an administering entity for a2
1262+program established pursuant to this section. The entity shall MUST be a3
1263+nonprofit private entity that is qualified under 26 U.S.C. sec. 501 (c)(3)4
1264+of the federal "Internal Revenue Code of 1986", as amended, and shall be5
1265+dedicated to providing support for charitable, benevolent, educational, or6
1266+scientific purposes that are related to nursing
1267+OR MIDWIFERY, nursing OR7
1268+MIDWIFERY education, nursing OR MIDWIFERY research and science, and8
1269+other nursing
1270+OR MIDWIFERY charitable purposes.9
1271+(4) Notwithstanding sections 12-255-119 and 24-4-104, the board10
1272+may immediately suspend the license of any licensee who is referred to11
1273+a peer health assistance program or nurse
1274+ alternative to discipline12
1275+program by the board and who fails to attend or to complete the program.13
1276+If the licensee objects to the suspension, he or she THE LICENSEE may14
1277+submit a written request to the board for a formal hearing on the15
1278+suspension within ten days after receiving notice of the suspension, and16
1279+the board shall grant the request. In the hearing, the licensee shall bear the17
1280+burden of proving that his or her THE INDIVIDUAL'S license should not be18
1281+suspended.19
1282+(6) Nothing in this section shall be construed to create any liability20
1283+of the board, members of the board, or the state of Colorado for the21
1284+actions of the board in making awards to peer health assistance22
1285+organizations or nurse alternative to discipline programs or in designating23
1286+licensees to participate in the programs of such organizations. No civil24
1287+action may be brought or maintained against the board, its members, or25
1288+the state for an injury alleged to have been the result of an act or omission26
1289+of a licensee participating in or referred to a program provided by a peer27
1290+167
1291+-37- health assistance organization or to a nurse AN alternative to discipline1
1292+program. However, the state shall remain REMAINS liable under the2
1293+provisions of the "Colorado Governmental Immunity Act", article 10 of3
1294+title 24, if an injury alleged to have been the result of an act or omission4
1295+of a licensee participating in or referred to a peer health assistance5
1296+program or nurse alternative to discipline program occurred while such6
1297+licensee was performing duties as an employee of the state.7
1298+SECTION 20. In Colorado Revised Statutes, amend 12-255-1318
1299+as follows:9
1300+12-255-131. Delegation of nursing or midwifery tasks - rules.10
1301+(1) Any licensed practical nurse, registered nurse, or advanced practice11
13201302 registered nurse,
1321-OR CERTIFIED MIDWIFE may delegate any task included in
1322-the nurse's
1323-OR CERTIFIED MIDWIFE'S licensed scope of practice, subject to the
1324-requirements of this section. A licensed practical nurse, registered nurse, or
1325-advanced practice registered nurse, OR CERTIFIED MIDWIFE may delegate
1326-nursing
1327-OR CERTIFIED MIDWIFE tasks to licensed, certified, registered, or
1328-unlicensed or unregulated assistive personnel. In no event may a registered
1329-nurse
1330-OR CERTIFIED MIDWIFE delegate to another person the authority to
1331-select medications if the person is not, independent of the delegation,
1332-authorized by law to select medications.
1303+OR CERTIFIED MIDWIFE may delegate any task included12
1304+in the nurse's
1305+OR CERTIFIED MIDWIFE'S licensed scope of practice, subject13
1306+to the requirements of this section. A licensed practical nurse, registered14
1307+nurse, or
1308+ advanced practice registered nurse, OR CERTIFIED MIDWIFE may15
1309+delegate nursing
1310+OR CERTIFIED MIDWIFE tasks to licensed, certified,16
1311+registered, or unlicensed or unregulated assistive personnel. In no event17
1312+may a registered nurse
1313+OR CERTIFIED MIDWIFE delegate to another person18
1314+the authority to select medications if the person is not, independent of the19
1315+delegation, authorized by law to select medications.20
13331316 (2) Delegated tasks shall
1334- MUST be within the area of responsibility
1317+ MUST be within the area of responsibility21
13351318 of the delegating nurse
13361319 OR CERTIFIED MIDWIFE and shall
1337- MUST not require
1320+ MUST not require22
13381321 any delegatee to exercise the judgment required of a nurse
1339-OR CERTIFIED
1340-MIDWIFE
1341-.
1322+OR CERTIFIED23
1323+MIDWIFE.24
13421324 (3) No delegation shall be made without the delegating nurse
1325+OR25
1326+CERTIFIED MIDWIFE making a determination that, in his or her
1327+ THE26
1328+LICENSEE'S professional judgment, the delegated task can be properly and27
1329+167
1330+-38- safely performed by the delegatee and that the delegation is1
1331+commensurate with the patient's safety and welfare.2
1332+(4) The delegating nurse shall be OR CERTIFIED MIDWIFE IS solely3
1333+responsible for determining the required degree of supervision the4
1334+delegatee will need, after an evaluation of the appropriate factors, which5
1335+shall include but ARE not be limited to the following:6
1336+(a) The stability of the condition of the patient;7
1337+(b) The training and ability of the delegatee;8
1338+(c) The nature of the nursing
1339+OR CERTIFIED MIDWIFE task being9
1340+delegated; and10
1341+(d) Whether the delegated task has a predictable outcome.11
1342+(5) An employer of a nurse
1343+OR CERTIFIED MIDWIFE may establish12
1344+policies, procedures, protocols, or standards of care that limit or prohibit13
1345+delegations by nurses
1346+OR CERTIFIED MIDWIVES in specified circumstances.14
1347+(6) The board may promulgate rules pursuant to this section,15
1348+including but not limited to standards on the assessment of the proficiency16
1349+of the delegatee to perform delegated tasks, and standards for17
1350+accountability of any nurse
1351+OR CERTIFIED MIDWIFE who delegates nursing18
1352+OF CERTIFIED MIDWIFE tasks. The rules shall be consistent with the19
1353+provisions of part 3 of article 1.5 of title 25, section 25.5-10-204 (2)(j),20
1354+and section 27-10.5-103 (2)(i).21
1355+SECTION 21. In Colorado Revised Statutes, 12-255-135, amend22
1356+(2) as follows:23
1357+12-255-135. Confidential agreement to limit practice. (2) This24
1358+section and section 12-30-108 do not apply to a nurse
1359+OR CERTIFIED25
1360+MIDWIFE subject to discipline under section 12-255-120 (1)(i).26
1361+SECTION 22. In Colorado Revised Statutes, 12-20-404, amend27
1362+167
1363+-39- (1)(d)(II)(J.5) and (3)(a)(II)(J) as follows:1
1364+12-20-404. Disciplinary actions - regulator powers -2
1365+disposition of fines - mistreatment of at-risk adult. (1) General3
1366+disciplinary authority. If a regulator determines that an applicant,4
1367+licensee, certificate holder, or registrant has committed an act or engaged5
1368+in conduct that constitutes grounds for discipline or unprofessional6
1369+conduct under a part or article of this title 12 governing the particular7
1370+profession or occupation, the regulator may:8
1371+(d) (II) A regulator is not authorized under this subsection (1)(d)9
1372+to refuse to renew the license, certification, or registration of a licensee,10
1373+certificate holder, or registrant regulated under the following:11
1374+(J.5) Article 255 of this title 12 concerning nurses
1375+AND CERTIFIED12
1376+MIDWIVES;13
1377+(3) Waiting period after revocation or surrender. (a) (II) In14
1378+addition, the waiting period specified in subsection (3)(a)(I) of this15
1379+section applies when a person regulated under any of the following16
1380+articles surrenders a license, certification, or registration to avoid17
1381+discipline:18
1382+(J) Article 255 of this title 12 concerning nurses,
1383+CERTIFIED19
1384+MIDWIVES, and nurse aides;20
1385+SECTION 23. In Colorado Revised Statutes, 12-20-406, amend21
1386+(2)(b)(IX) as follows:22
1387+12-20-406. Injunctive relief. (2) (b) Subsection (2)(a) of this23
1388+section does not apply to the following:24
1389+(IX) Article 255 of this title 12 concerning nurses,
1390+CERTIFIED25
1391+MIDWIVES, and nurse aides;26
1392+SECTION 24. In Colorado Revised Statutes, 12-20-407, amend27
1393+167
1394+-40- (1)(a)(V)(O), (1)(e) introductory portion, and (1)(e)(VII) as follows:1
1395+12-20-407. Unauthorized practice of profession or occupation2
1396+- penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor3
1397+and shall be punished as provided in section 18-1.3-501 if the person:4
1398+(V) Practices or offers or attempts to practice any of the following5
1399+professions or occupations without an active license, certification, or6
1400+registration issued under the part or article of this title 12 governing the7
1401+particular profession or occupation:8
1402+(O) Practical or professional nursing
1403+OR PRACTICE AS A CERTIFIED9
1404+MIDWIFE, as regulated under article 255 of this title 12;10
1405+(e) A person commits a class 6 felony and shall be punished as11
1406+provided in section 18-1.3-401 if the person practices or offers or12
1407+attempts to practice any of the following professions or occupations and13
1408+intentionally and fraudulently represents oneself as a licensed, certified,14
1409+or registered professional or practitioner issued
1410+ pursuant to a part or15
1411+article of this title 12 governing the particular profession or occupation:16
1412+(VII) Professional nursing
1413+OR PRACTICE AS A CERTIFIED MIDWIFE,17
1414+as regulated pursuant to article 255 of this title 12;18
1415+SECTION 25. In Colorado Revised Statutes, 12-30-102, amend19
1416+(3)(a)(XI) as follows:20
1417+12-30-102. Medical transparency act of 2010 - disclosure of21
1418+information about health-care providers - fines - rules - short title -22
1419+legislative declaration - review of functions - repeal. (3) (a) As used23
1420+in this section, "applicant" means a person applying for a new, active24
1421+license, certification, or registration or to renew, reinstate, or reactivate25
1422+an active license, certification, or registration to practice:26
1423+(XI) Practical nursing, professional nursing, or
1424+ advanced practice27
1425+167
1426+-41- registered nursing, OR AS A CERTIFIED MIDWIFE pursuant to article 255 of1
1427+this title 12;2
1428+SECTION 26. In Colorado Revised Statutes, 12-30-105, amend3
1429+(1) introductory portion, (1)(b), (4), (5)(i), and (5)(j) as follows:4
1430+12-30-105. Nurse-physician advisory task force for Colorado5
1431+health care - creation - duties - definition - repeal. (1) There is hereby6
1432+created, within the division, the nurse-physician advisory task force for7
1433+Colorado health care, referred to in this section as "NPATCH". The8
1434+purpose of the NPATCH is to promote public safety and improve health9
1435+care in Colorado by supporting collaboration and communication between10
1436+the practices PRACTICE of nursing, THE PRACTICE AS A CERTIFIED11
1437+MIDWIFE, and THE PRACTICE OF medicine. The NPATCH shall:12
1438+(b) Address issues of mutual concern at the interface of the13
1439+practices PRACTICE of nursing, THE PRACTICE AS A CERTIFIED MIDWIFE,14
1440+and
1441+THE PRACTICE OF medicine;15
1442+(4) The division shall staff the NPATCH. The division's costs for16
1443+administering and staffing the NPATCH shall be funded by an increase17
1444+in fees for professional and advanced practice registered nursing,18
1445+CERTIFIED MIDWIFE, and medical license renewal fees, as authorized in19
1446+sections 12-240-130 and 12-255-107 (1)(b)(I), with fifty percent of the20
1447+funding derived from the physician license renewal fees and fifty percent21
1448+derived from the professional and advanced practice registered nursing22
1449+AND CERTIFIED MIDWIFE LICENSE RENEWAL fees.23
1450+(5) The NPATCH shall prioritize consideration of and make24
1451+recommendations on the following topics:25
1452+(i) Physician standards, process
1453+ PROCESSES, and metrics to ensure26
1454+appropriate consultation, collaboration, and referral regarding advanced27
1455+167
1456+-42- practice registered nurse AND CERTIFIED MIDWIFE prescriptive authority;1
1457+(j) Prescribing issues regarding providers other than physicians,2
1458+and advanced practice registered nurses, AND CERTIFIED MIDWIVES;3
1459+SECTION 27. In Colorado Revised Statutes, 12-30-106, amend4
1460+(1) as follows:5
1461+12-30-106. Health-care work force data collection. (1) The6
1462+director of the division shall implement a system to collect health-care7
1463+work force data from health-care professionals who are eligible for the8
1464+Colorado health service corps pursuant to part 5 of article 1.5 of title 25,9
1465+from practical and professional nurses
1466+AND CERTIFIED MIDWIVES licensed10
1467+pursuant to part 1 of article 255 of this title 12, and from pharmacists11
1468+licensed pursuant to article 280 of this title 12, collectively referred to in12
1469+this section as "health-care professionals". Each health-care professional13
1470+shall submit the data as part of the initial licensure process and upon the14
1471+renewal of the health-care professional's license. Neither an executive15
1472+department nor a board in an executive department is responsible for16
1473+verifying the data or disciplining a health-care professional for17
1474+noncompliance with this section.18
1475+SECTION 28. In Colorado Revised Statutes, 12-30-109, amend19
1476+(4)(c) as follows:20
1477+12-30-109. Prescriptions - limitations - definition - rules.21
1478+(4) As used in this section, "prescriber" means:22
1479+(c) An advanced practice registered nurse
1480+OR CERTIFIED MIDWIFE23
1481+with prescriptive authority pursuant to section 12-255-112;24
1482+SECTION 29. In Colorado Revised Statutes, 12-30-110, amend25
1483+(7)(h)(II) as follows:26
1484+12-30-110. Prescribing or dispensing opiate antagonists -27
1485+167
1486+-43- authorized recipients - definitions. (7) As used in this section:1
1487+(h) "Prescriber" means:2
1488+(II) An advanced practice registered nurse, as defined in section3
1489+12-255-104 (1),
1490+OR A CERTIFIED MIDWIFE, AS DEFINED IN SECTION4
1491+12-255-104
1492+ (3.2), with prescriptive authority pursuant to section5
1493+12-255-112; or6
1494+SECTION 30. In Colorado Revised Statutes, 12-30-111, amend7
1495+(4)(a)(III) as follows:8
1496+12-30-111. Electronic prescribing of controlled substances -9
1497+exceptions - rules - definitions. (4) As used in this section:10
1498+(a) "Prescriber" means:11
1499+(III) An advanced practice registered nurse
1500+OR CERTIFIED MIDWIFE12
1501+with prescriptive authority pursuant to section 12-255-112;13
1502+SECTION 31. In Colorado Revised Statutes, 12-30-114, amend14
1503+(2) as follows:15
1504+12-30-114. Demonstrated competency - opiate prescribers -16
1505+rules - definition. (2) For the purposes of this section, "licensed17
1506+health-care provider" includes
1507+ANY OF THE FOLLOWING PROVIDERS WHO18
1508+ARE LICENSED PURSUANT TO THIS TITLE 12:19
1509+(a) A physician;20
1510+(b) A physician assistant;21
1511+(c) A podiatrist;22
1512+(d) A dentist;23
1513+(e) A
1514+N advanced practice registered nurse OR CERTIFIED MIDWIFE24
1515+with prescriptive authority;25
1516+(f) A
1517+N optometrist; and26
1518+(g) A veterinarian. licensed pursuant to this title 12.
1519+27
1520+167
1521+-44- SECTION 32. In Colorado Revised Statutes, 12-30-201, amend1
1522+(1) introductory portion, (2)(b), and (3) as follows:2
1523+12-30-201. Legislative declaration. (1) The general assembly3
1524+hereby finds, determines, and declares that the Colorado medical board4
1525+created in article 240 of this title 12 and the state board of nursing created5
1526+in article 255 of this title 12 act for the state in their sovereign capacity to6
1527+govern licensure, discipline, and professional review of persons licensed7
1528+to practice medicine, persons licensed as physician assistants, and8
1529+advanced practice registered nurses,
1530+AND CERTIFIED MIDWIVES ,9
1531+respectively, in this state. The general assembly further finds, determines,10
1532+and declares that:11
1533+(2) The general assembly recognizes that:12
1534+(b) Many patients lack the knowledge, experience, or education13
1535+to properly evaluate the quality of medical, or
1536+ nursing, OR CERTIFIED14
1537+MIDWIFE practice or the professional conduct of persons licensed to15
1538+practice medicine, persons licensed as physician assistants, and advanced16
1539+practice registered nurses,
1540+AND CERTIFIED MIDWIVES; and17
1541+(3) The general assembly recognizes that, in the proper exercise18
1542+of their authority and responsibilities under this part 2, the Colorado19
1543+medical board and the state board of nursing must, to some extent, replace20
1544+competition with regulation, and that the replacement of competition by21
1545+regulation, particularly with regard to persons licensed under article 24022
1546+of this title 12, or
1547+ to advanced practice registered nurses, OR TO CERTIFIED23
1548+MIDWIVES, is related to a legitimate state interest in the protection of the24
1549+health, safety, and welfare of the people of this state.25
1550+SECTION 33. In Colorado Revised Statutes, 12-30-202, amend26
1551+(7); and add (2.5) as follows:27
1552+167
1553+-45- 12-30-202. Definitions. As used in this part 2, unless the context1
1554+otherwise requires:2
1555+(2.5) "C
1556+ERTIFIED MIDWIFE" HAS THE SAME MEANING AS SET FORTH3
1557+IN SECTION 12-255-104 (3.2).4
1558+(7) "Professional review committee" means any committee5
1559+authorized under this part 2 to review and evaluate the competence of,6
1560+professional conduct of, or the quality and appropriateness of patient care7
1561+provided by any person licensed under article 240 of this title 12, or
1562+ an8
1563+advanced practice registered nurse,
1564+OR A CERTIFIED MIDWIFE .9
1565+"Professional review committee" includes a governing board, a hearing10
1566+panel appointed by a governing board to conduct a hearing under section11
1567+12-30-204 (8)(a), and an independent third party designated by a12
1568+governing board under section 12-30-204 (9)(b).13
1569+SECTION 34. In Colorado Revised Statutes, 12-30-203, amend14
1570+(1)(a) and (2) as follows:15
1571+12-30-203. Use of professional review committees. (1) (a) The16
1572+general assembly recognizes that:17
1573+(I) The medical board and the nursing board, while assuming and18
1574+retaining ultimate authority for licensure and discipline in accordance19
1575+with article 240 of this title 12 and part 1 of article 255 of this title 12,20
1576+respectively, and in accordance with this part 2, cannot practically and21
1577+economically assume responsibility over every single allegation or22
1578+instance of purported deviation from the standards of quality for the23
1579+practice of medicine, or
1580+ THE PRACTICE OF nursing, OR THE PRACTICE AS24
1581+A CERTIFIED MIDWIFE; from the standards of professional conduct; or from25
1582+the standards of appropriate care; and26
1583+(II) An attempt to exercise this oversight would result in27
1584+167
1585+-46- extraordinary delays in the determination of the legitimacy of the1
1586+allegations and would result in the inappropriate and unequal exercise of2
1587+their authority to license and discipline persons licensed under article 2403
1588+of this title 12, or advanced practice registered nurses, OR CERTIFIED4
1589+MIDWIVES.5
1590+(2) Persons licensed under article 240 of this title 12, and6
1591+advanced practice registered nurses,
1592+AND CERTIFIED MIDWIVES are7
1593+encouraged to serve upon professional review committees when called to8
1594+do so and to study and review in an objectively reasonable manner the9
1595+professional conduct of persons licensed under article 240 of this title 12,10
13431596 or
1344-CERTIFIED MIDWIFE
1345- making a determination that, in his or her
1346- THE
1347-LICENSEE
1348-'S professional judgment, the delegated task can be properly and
1349-safely performed by the delegatee and that the delegation is commensurate
1350-with the patient's safety and welfare.
1351-PAGE 30-SENATE BILL 23-167 (4) The delegating nurse shall be OR CERTIFIED MIDWIFE IS solely
1352-responsible for determining the required degree of supervision the delegatee
1353-will need, after an evaluation of the appropriate factors, which shall
1354- include
1355-but
1356-ARE not be
1357- limited to the following:
1358-(a) The stability of the condition of the patient;
1359-(b) The training and ability of the delegatee;
1360-(c) The nature of the nursing
1361-OR CERTIFIED MIDWIFE task being
1362-delegated; and
1363-(d) Whether the delegated task has a predictable outcome.
1364-(5) An employer of a nurse
1365-OR CERTIFIED MIDWIFE may establish
1366-policies, procedures, protocols, or standards of care that limit or prohibit
1367-delegations by nurses
1368-OR CERTIFIED MIDWIVES in specified circumstances.
1369-(6) The board may promulgate rules pursuant to this section,
1370-including but not limited to standards on the assessment of the proficiency
1371-of the delegatee to perform delegated tasks, and standards for accountability
1372-of any nurse
1373-OR CERTIFIED MIDWIFE who delegates nursing OF CERTIFIED
1374-MIDWIFE
1375- tasks. The rules shall be consistent with the provisions of part 3 of
1376-article 1.5 of title 25, section 25.5-10-204 (2)(j), and section 27-10.5-103
1377-(2)(i).
1378-SECTION 21. In Colorado Revised Statutes, 12-255-135, amend
1379-(2) as follows:
1380-12-255-135. Confidential agreement to limit practice. (2) This
1381-section and section 12-30-108 do not apply to a nurse
1382-OR CERTIFIED
1383-MIDWIFE
1384- subject to discipline under section 12-255-120 (1)(i).
1385-SECTION 22. In Colorado Revised Statutes, 12-20-404, amend
1386-(1)(d)(II)(J.5) and (3)(a)(II)(J) as follows:
1387-12-20-404. Disciplinary actions - regulator powers - disposition
1388-of fines - mistreatment of at-risk adult. (1) General disciplinary
1389-authority. If a regulator determines that an applicant, licensee, certificate
1390-holder, or registrant has committed an act or engaged in conduct that
1391-PAGE 31-SENATE BILL 23-167 constitutes grounds for discipline or unprofessional conduct under a part or
1392-article of this title 12 governing the particular profession or occupation, the
1393-regulator may:
1394-(d) (II) A regulator is not authorized under this subsection (1)(d) to
1395-refuse to renew the license, certification, or registration of a licensee,
1396-certificate holder, or registrant regulated under the following:
1397-(J.5) Article 255 of this title 12 concerning nurses
1398-AND CERTIFIED
1399-MIDWIVES
1400-;
1401-(3) Waiting period after revocation or surrender. (a) (II) In
1402-addition, the waiting period specified in subsection (3)(a)(I) of this section
1403-applies when a person regulated under any of the following articles
1404-surrenders a license, certification, or registration to avoid discipline:
1405-(J) Article 255 of this title 12 concerning nurses,
1406-CERTIFIED
1407-MIDWIVES
1408-, and nurse aides;
1409-SECTION 23. In Colorado Revised Statutes, 12-20-406, amend
1410-(2)(b)(IX) as follows:
1411-12-20-406. Injunctive relief. (2) (b) Subsection (2)(a) of this
1412-section does not apply to the following:
1413-(IX) Article 255 of this title 12 concerning nurses,
1414-CERTIFIED
1415-MIDWIVES
1416-, and nurse aides;
1417-SECTION 24. In Colorado Revised Statutes, 12-20-407, amend
1418-(1)(a)(V)(O), (1)(e) introductory portion, and (1)(e)(VII) as follows:
1419-12-20-407. Unauthorized practice of profession or occupation -
1420-penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor
1421-and shall be punished as provided in section 18-1.3-501 if the person:
1422-(V) Practices or offers or attempts to practice any of the following
1423-professions or occupations without an active license, certification, or
1424-registration issued under the part or article of this title 12 governing the
1425-particular profession or occupation:
1426-PAGE 32-SENATE BILL 23-167 (O) Practical or professional nursing OR PRACTICE AS A CERTIFIED
1427-MIDWIFE
1428-, as regulated under article 255 of this title 12;
1429-(e) A person commits a class 6 felony and shall be punished as
1430-provided in section 18-1.3-401 if the person practices or offers or attempts
1431-to practice any of the following professions or occupations and intentionally
1432-and fraudulently represents oneself as a licensed, certified, or registered
1433-professional or practitioner issued
1434- pursuant to a part or article of this title
1435-12 governing the particular profession or occupation:
1436-(VII) Professional nursing
1437-OR PRACTICE AS A CERTIFIED MIDWIFE, as
1438-regulated pursuant to article 255 of this title 12;
1439-SECTION 25. In Colorado Revised Statutes, 12-30-102, amend
1440-(3)(a)(XI) as follows:
1441-12-30-102. Medical transparency act of 2010 - disclosure of
1442-information about health-care providers - fines - rules - short title -
1443-legislative declaration - review of functions - repeal. (3) (a) As used in
1444-this section, "applicant" means a person applying for a new, active license,
1445-certification, or registration or to renew, reinstate, or reactivate an active
1446-license, certification, or registration to practice:
1447-(XI) Practical nursing, professional nursing, or
1448- advanced practice
1449-registered nursing,
1450-OR AS A CERTIFIED MIDWIFE pursuant to article 255 of
1451-this title 12;
1452-SECTION 26. In Colorado Revised Statutes, 12-30-105, amend (1)
1453-introductory portion, (1)(b), (4), (5)(i), and (5)(j) as follows:
1454-12-30-105. Nurse-physician advisory task force for Colorado
1455-health care - creation - duties - definition - repeal. (1) There is hereby
1456-created, within the division, the nurse-physician advisory task force for
1457-Colorado health care, referred to in this section as "NPATCH". The purpose
1458-of the NPATCH is to promote public safety and improve health care in
1459-Colorado by supporting collaboration and communication between the
1460-practices
1461- PRACTICE of nursing, THE PRACTICE AS A CERTIFIED MIDWIFE, and
1462-THE PRACTICE OF medicine. The NPATCH shall:
1463-(b) Address issues of mutual concern at the interface of the practices
1464-PAGE 33-SENATE BILL 23-167 PRACTICE of nursing, THE PRACTICE AS A CERTIFIED MIDWIFE , and THE
1465-PRACTICE OF
1466- medicine;
1467-(4) The division shall staff the NPATCH. The division's costs for
1468-administering and staffing the NPATCH shall be funded by an increase in
1469-fees for professional and advanced practice registered nursing,
1470-CERTIFIED
1471-MIDWIFE
1472-, and medical license renewal fees, as authorized in sections
1473-12-240-130 and 12-255-107 (1)(b)(I), with fifty percent of the funding
1474-derived from the physician license renewal fees and fifty percent derived
1475-from the professional and advanced practice registered nursing
1476-AND
1477-CERTIFIED MIDWIFE LICENSE RENEWAL
1478- fees.
1479-(5) The NPATCH shall prioritize consideration of and make
1480-recommendations on the following topics:
1481-(i) Physician standards, process
1482- PROCESSES, and metrics to ensure
1483-appropriate consultation, collaboration, and referral regarding advanced
1597+ advanced practice registered nurses, OR CERTIFIED MIDWIVES, including11
1598+the competence of, professional conduct of, or the quality and12
1599+appropriateness of patient care provided by those persons.13
1600+SECTION 35. In Colorado Revised Statutes, 12-30-204, amend14
1601+(1), (3), (5)(d), (5)(f), (5)(g), (5)(h), (5)(k), (5)(l), (5)(n), (7)(a), (8)15
1602+introductory portion, (8)(a)(I), (9)(a), (11)(b)(II), and (11)(b)(VII); and16
1603+add (5)(d.5) as follows:17
1604+12-30-204. Establishment of professional review committees18
1605+- function - rules. (1) A professional review committee may be19
1606+established pursuant to this section to review and evaluate the competence20
1607+of, the quality and appropriateness of patient care provided by, or the21
1608+professional conduct of any person licensed under article 240 of this title22
1609+12, or any advanced practice registered nurse, OR ANY CERTIFIED23
1610+MIDWIFE.24
1611+(3) (a) A professional review committee that is reviewing the25
1612+competence of, the quality and appropriateness of patient care provided26
1613+by, or the professional conduct of an advanced practice registered nurse27
1614+167
1615+-47- must either:1
1616+(a) (I) Have, as a voting member, at least one advanced practice2
1617+registered nurse with a scope of practice similar to that of the person who3
1618+is the subject of the review; or4
1619+(b) (II) Engage, to perform an independent review as appropriate,5
1620+an independent person who is an advanced practice registered nurse with6
1621+a scope of practice similar to that of the person who is the subject of the7
1622+review. The person conducting the independent review must be a person8
1623+who was not previously involved in the review.9
1624+(b) A
1625+ PROFESSIONAL REVIEW COMMITTEE THAT IS REVIEWING THE10
1626+COMPETENCE OF, THE QUALITY AND APPROPRIATENESS OF PATIENT CARE11
1627+PROVIDED BY, OR THE PROFESSIONAL CONDUCT OF A CERTIFIED MIDWIFE12
1628+MUST EITHER:13
1629+(I) H
1630+AVE, AS A VOTING MEMBER , AT LEAST ONE CERTIFIED14
1631+MIDWIFE OR ADVANCED PRACTICE REGISTERED NURSE
1632+ WITH A SCOPE OF15
1633+PRACTICE SIMILAR TO THAT OF THE PERSON WHO IS THE SUBJECT OF THE16
1634+REVIEW; OR17
1635+(II) E
1636+NGAGE, TO PERFORM AN INDEPENDENT REVIEW AS18
1637+APPROPRIATE, AN INDEPENDENT PERSON WHO IS A CERTIFIED MIDWIFE19
1638+WITH A SCOPE OF PRACTICE SIMILAR TO THAT OF THE PERSON WHO IS THE20
1639+SUBJECT OF THE REVIEW. THE PERSON CONDUCTING THE INDEPENDENT21
1640+REVIEW MUST BE A PERSON WHO WAS NOT PREVIOUSLY INVOLVED IN THE22
1641+REVIEW.23
1642+(5) A professional review committee established by any of the24
1643+following authorized entities is an approved professional review25
1644+committee under this part 2 if it operates in compliance with written26
1645+bylaws, policies, or procedures that are in compliance with this part 2 and27
1646+167
1647+-48- that have been approved by the authorized entity's governing board and1
1648+if it is registered with the division in accordance with section 12-30-206:2
1649+(d) A society or association of advanced practice registered nurses3
1650+who WHOSE MEMBERS reside in this state, if the advanced practice4
1651+registered nurse whose services are the subject of the review is a member5
1652+of the society or association;6
1653+(d.5) A
1654+ SOCIETY OR ASSOCIATION OF CERTIFIED MIDWIVES WHOSE7
1655+MEMBERS RESIDE IN THIS STATE , IF THE CERTIFIED MIDWIFE WHOSE8
1656+SERVICES ARE THE SUBJECT OF THE REVIEW IS A MEMBER OF THE SOCIETY9
1657+OR ASSOCIATION;10
1658+(f) A society or association of advanced practice registered nurses11
1659+who
1660+ OR CERTIFIED MIDWIVES WHOSE MEMBERS practice in a specified12
1661+nursing
1662+OR MIDWIFERY role and population focus, as defined by the13
1663+nursing board, which society or association has been designated by the14
1664+nursing board as the specific nursing
1665+OR MIDWIFERY society or association15
1666+representative of those advanced practice registered nurses
1667+OR CERTIFIED16
1668+MIDWIVES practicing in that nursing OR MIDWIFERY role and population17
1669+focus, if the advanced practice registered nurse
1670+OR CERTIFIED MIDWIFE18
1671+whose services are the subject of the review is a member of the19
1672+designated nursing
1673+OR MIDWIFERY society or association;20
1674+(g) An individual practice association or a preferred provider21
1675+organization consisting of persons licensed under article 240 of this title22
1676+12, or
1677+ of advanced practice registered nurses, OR OF CERTIFIED MIDWIVES23
1678+or a medical group that predominantly serves members of a health24
1679+maintenance organization licensed pursuant to parts 1 and 4 of article 1625
1680+of title 10. A professional review committee established pursuant to this26
1681+subsection (5)(g) has jurisdiction to review persons licensed under article27
1682+167
1683+-49- 240 of this title 12, or advanced practice registered nurses, OR CERTIFIED1
1684+MIDWIVES only if the persons licensed under said article, or the advanced2
1685+practice registered nurses,
1686+OR THE CERTIFIED MIDWIVES are members of3
1687+the association or organization creating and authorizing that committee;4
1688+except that the professional review committee may review the care5
1689+provided to a particular patient referred by a member of the association6
1690+or organization to another person who is not a member of the association7
1691+or organization and is licensed under article 240 of this title 12, or
1692+ is an8
1693+advanced practice registered nurse,
1694+OR IS A CERTIFIED MIDWIFE.9
1695+(h) A corporation authorized pursuant to article 3 of title 10 to10
1696+insure persons licensed under article 240 of this title 12, or
1697+ advanced11
1698+practice registered nurses,
1699+OR CERTIFIED MIDWIVES or any other12
1700+organization authorized to insure such persons in this state when13
1701+designated by the medical board or nursing board under subsection (6) of14
1702+this section;15
1703+(k) (I) A nonprofit corporation or association consisting of16
1704+representatives from a statewide professional society and a statewide17
1705+hospital association. The association must consist of persons licensed18
1706+under article 240 of this title 12, or
1707+ advanced practice registered nurses,19
1708+OR CERTIFIED MIDWIVES, AS APPLICABLE, AND hospital administrators and20
1709+hospital trustees, with a majority of the representatives being persons21
1710+licensed under article 240 of this title 12 SUBJECT TO THE FOLLOWING22
1711+REQUIREMENTS:23
1712+(A) When the subject of the investigation is a person licensed24
1713+under article 240 of this title 12, and A MAJORITY OF THE25
1714+REPRESENTATIVES MUST BE PERSONS LICENSED UNDER ARTICLE 240 OF26
1715+THIS TITLE 12;27
1716+167
1717+-50- (B) WHEN THE SUBJECT OF THE INVESTIGATION IS AN ADVANCED1
1718+PRACTICE REGISTERED NURSE, at least one of the representatives being2
1719+MUST BE an advanced practice registered nurse; when the subject of the3
1720+investigation is an advanced practice registered nurse. AND4
1721+(C) W
1722+HEN THE SUBJECT OF THE INVESTIGATION IS A CERTIFIED5
1723+MIDWIFE, AT LEAST ONE OF THE REPRESENTATIVES MUST BE A CERTIFIED6
1724+MIDWIFE.7
1725+(II) The association may establish, or contract for, one or more8
1726+professional review committees to review the care by hospital staff9
1727+personnel who are licensed under article 240 of this title 12, or
1728+ are10
1729+advanced practice registered nurses,
1730+OR ARE CERTIFIED MIDWIVES, with11
1731+priority given to small rural hospital staffs. These professional review12
1732+services must be available statewide on a fee-for-service basis to licensed13
1733+or certified hospitals at the joint request of the governing board and the14
1734+medical, or
1735+ nursing, OR CERTIFIED MIDWIFE staff of the hospital or at the15
1736+sole request of the governing board of the hospital. If a member being16
1737+reviewed specializes in a generally recognized specialty of medicine, or17
1738+nursing,
1739+OR MIDWIFERY, at least one of the health-care providers on the18
1740+professional review committee must be a person who is licensed under19
1741+article 240 of this title 12, or
1742+ is an advanced practice registered nurse, OR20
1743+IS A CERTIFIED MIDWIFE and who practices such specialty. 21
1744+(II) (III) For purposes of the introductory portion to this22
1745+subsection (5) and this subsection (5)(k), the bylaws, policies, or23
1746+procedures must be in compliance with this part 2 and approved by the24
1747+nonprofit corporation or association.25
1748+(l) The medical, or nursing, OR CERTIFIED MIDWIFE staff of an26
1749+ambulatory surgical center licensed pursuant to part 1 of article 3 of title27
1750+167
1751+-51- 25;1
1752+(n) A provider network that is organized pursuant to part 3 of2
1753+article 18 of title 6 and includes persons licensed under article 240 of this3
1754+title 12, or advanced practice registered nurses, OR CERTIFIED MIDWIVES;4
1755+(7) (a) A professional review committee acting pursuant to this5
1756+part 2 may investigate or cause to be investigated:6
1757+(I) The qualifications and competence of any person licensed7
1758+under article 240 of this title 12, or any advanced practice registered8
1759+nurse,
1760+OR ANY CERTIFIED MIDWIFE who seeks to subject himself or herself
1761+9
1762+THEMSELVES to the authority of any authorized entity; or10
1763+(II) The quality or appropriateness of patient care rendered by, or11
1764+the professional conduct of, any person licensed under article 240 of this12
1765+title 12, or any advanced practice registered nurse, OR ANY CERTIFIED13
1766+MIDWIFE who is subject to the authority of the authorized entity.14
1767+(8) The written bylaws, policies, or procedures of any professional15
1768+review committee for persons licensed under article 240 of this title 12,16
1769+or advanced practice registered nurses, OR CERTIFIED MIDWIVES must17
1770+provide for at least the following:18
1771+(a) (I) Except as provided in subsection (8)(a)(II) of this section,19
1772+if the findings of any investigation indicate that a person licensed under20
1773+article 240 of this title 12, or an advanced practice registered nurse, OR A21
1774+CERTIFIED MIDWIFE who is the subject of the investigation is lacking in22
1775+qualifications or competency, has provided substandard or inappropriate23
1776+patient care, or has exhibited inappropriate professional conduct and the24
1777+professional review committee takes or recommends an action to25
1778+adversely affect the person's membership, affiliation, or privileges with26
1779+the authorized entity, the professional review committee shall hold a27
1780+167
1781+-52- hearing to consider the findings and recommendations unless the person1
1782+waives, in writing, the right to a hearing or is given notice of a hearing2
1783+and fails to appear.3
1784+(9) (a) All governing boards shall adopt written bylaws, policies,4
1785+or procedures under which a person who is licensed under article 240 of5
1786+this title 12, or is an advanced practice registered nurse, OR IS A CERTIFIED6
1787+MIDWIFE and who is the subject of an adverse recommendation by a7
1788+professional review committee may appeal to the governing board8
1789+following a hearing in accordance with subsection (8) of this section. The9
1790+bylaws, policies, or procedures must provide that the person be given10
1791+reasonable notice of his or her THE PERSON'S right to appeal and, unless11
1792+waived by the person, has the right to appear before the governing board,12
1793+to be represented by legal counsel, and to offer the argument on the13
1794+record that the person deems appropriate.14
1795+(11) (b) Subject to subsection (14) of this section, the records are15
1796+subject to subpoena and available for use:16
1797+(II) By a person licensed under article 240 of this title 12, or an17
1798+advanced practice registered nurse,
1799+OR A CERTIFIED MIDWIFE in a suit18
1800+seeking judicial review of an action by the governing board;19
1801+(VII) By the nursing board within the scope of its authority over20
1802+advanced practice registered nurses
1803+AND CERTIFIED MIDWIVES.21
1804+SECTION 36. In Colorado Revised Statutes, 12-30-205, amend22
1805+(1) as follows:23
1806+12-30-205. Hospital professional review committees. (1) The24
1807+quality and appropriateness of patient care rendered by persons licensed25
1808+under article 240 of this title 12, advanced practice registered nurses,26
1809+CERTIFIED MIDWIVES, and other licensed health-care professionals so27
1810+167
1811+-53- influence the total quality of patient care that a review of care provided1
1812+in a hospital is ineffective without concomitantly reviewing the overall2
1813+competence of, professional conduct of, or the quality and3
1814+appropriateness of care rendered by these persons.4
1815+SECTION 37. In Colorado Revised Statutes, 12-30-206, amend5
1816+(1), (2) introductory portion, (2)(b)(II) introductory portion, and (3)(a) as6
1817+follows:7
1818+12-30-206. Governing boards to register with division - annual8
1819+reports - aggregation and publication of data - definition - rules.9
1820+(1) As used in this section, "adversely affecting" has the same meaning10
1821+as set forth in 45 CFR 60.3; except that it does not include a11
1822+precautionary suspension or any professional review action affecting, for12
1823+a period of thirty or fewer days, a person licensed under article 240 of this13
1824+title 12, or an advanced practice registered nurse, OR A CERTIFIED14
1825+MIDWIFE.15
1826+(2) Each governing board that establishes or uses one or more16
1827+professional review committees to review the practice of persons licensed17
1828+under article 240 of this title 12, or of advanced practice registered18
1829+nurses,
1830+OR OF CERTIFIED MIDWIVES shall:19
1831+(b) In addition to any other state or federal reporting requirements:20
1832+(II) Report annually to the nursing board, in a form satisfactory to21
1833+the nursing board, the number of final professional review actions in each22
1834+of the following categories relating to advanced practice registered nurses23
1835+AND CERTIFIED MIDWIVES:24
1836+(3) (a) The division shall publish the data provided pursuant to25
1837+subsections (2)(b) and (2)(c) of this section in aggregate form and without26
1838+individually identifiable information concerning the governing board, the27
1839+167
1840+-54- authorized entity, or any person who was subject to review and is licensed1
1841+under article 240 of this title 12, or is an advanced practice registered2
1842+nurse,
1843+OR IS A CERTIFIED MIDWIFE.3
1844+SECTION 38. In Colorado Revised Statutes, 12-30-207, amend4
1845+(1), (2) introductory portion, and (2)(d) as follows:5
1846+12-30-207. Immunity from liability. (1) A member of a6
1847+professional review committee, a governing board, or any committee or7
1848+third party designated by the governing board under section 12-30-2048
1849+(9)(b); and
1850+ any person serving on the staff of that committee, board,9
1851+panel, or third party; a witness or consultant before a professional review10
1852+committee; and any person who files a complaint or otherwise11
1853+participates in the professional review process is immune from suit and12
1854+liability for damages in any civil or criminal action, including antitrust13
1855+actions, brought by a person licensed under article 240 of this title 12, or14
1856+an advanced practice registered nurse,
1857+OR A CERTIFIED MIDWIFE who is the15
1858+subject of the review by the professional review committee unless, in16
1859+connection with the professional review process, the person provided17
1860+false information and knew that the information was false.18
1861+(2) The governing board and the authorized entity that has19
1862+established a professional review committee pursuant to section20
1863+12-30-204 is immune from suit and liability for damages in any civil or21
1864+criminal action, including antitrust actions, brought by a person licensed22
1865+under article 240 of this title 12, or
1866+ an advanced practice registered nurse,23
1867+OR A CERTIFIED MIDWIFE who is the subject of the review by such24
1868+professional review committee if the professional review action was taken25
1869+within the scope of the professional review process and was taken:26
1870+(d) In accordance with procedures that, under the circumstances,27
1871+167
1872+-55- were fair to the person licensed under article 240 of this title 12, or the1
1873+advanced practice registered nurse,
1874+OR THE CERTIFIED MIDWIFE.2
1875+SECTION 39. In Colorado Revised Statutes, 12-30-208, amend3
1876+(3)(b)(I), (3)(c) introductory portion, and (3)(c)(V) as follows:4
1877+12-30-208. Conformance with federal law and regulation -5
1878+legislative declaration - rules - limitations on liability - definition.6
1879+(3) (b) (I) Notwithstanding subsection (3)(a) of this section, nothing in7
1880+this section relieves an authorized entity that is a health-care facility8
1881+licensed or certified pursuant to part 1 of article 3 of title 25 or certified9
1882+pursuant to section 25-1.5-103 (1)(a)(II) of liability to an injured person10
1883+or wrongful death claimant for the facility's independent negligence in the11
1884+credentialing or privileging process for a person licensed under article12
1885+240 of this title 12, or
1886+ an advanced practice registered nurse, OR A13
1887+CERTIFIED MIDWIFE who provided health-care services for the injured or14
1888+deceased person at the facility. For purposes of this subsection (3), the15
1889+facility's participation in the credentialing process or the privileging16
1890+process does not constitute the corporate practice of medicine.17
1891+(c) For the purposes of AS USED IN this subsection (3), unless the18
1892+context otherwise requires, "professional review action" means an action19
1893+or recommendation of a professional review committee that is taken or20
1894+made in the conduct of professional review activity and that is based on21
1895+the quality and appropriateness of patient care provided by, or the22
1896+competence or professional conduct of, an individual person licensed23
1897+under article 240 of this title 12, or an advanced practice registered nurse,24
1898+OR A CERTIFIED MIDWIFE, which action affects or may affect adversely the25
1899+person's clinical privileges of or membership in an authorized entity.26
1900+"Professional review action" includes a formal decision by the27
1901+167
1902+-56- professional review committee not to take an action or make a1
1903+recommendation as provided in this subsection (3)(c) and also includes2
1904+professional review activities relating to a professional review action. An3
1905+action is not based upon the competence or professional conduct of a4
1906+person if the action is primarily based on:5
1907+(V) Any other matter that does not relate to the quality and6
1908+appropriateness of patient care provided by, or the competence or7
1909+professional conduct of, a person licensed under article 240 of this title8
1910+12, or an advanced practice registered nurse, OR A CERTIFIED MIDWIFE.9
1911+SECTION 40. In Colorado Revised Statutes, 12-225-101, amend10
1912+(1)(b)(I), (1)(b)(II), and (2)(c) as follows:11
1913+12-225-101. Scope of article - exemptions - legislative12
1914+declaration. (1) (b) (I) A person who is a certified nurse-midwife13
1915+authorized pursuant to section 12-255-111,
1916+A CERTIFIED MIDWIFE14
1917+AUTHORIZED PURSUANT TO SECTION 12-255-111.5, or a physician as15
1918+provided in article 240 of this title 12 shall not simultaneously be so16
1919+licensed and also be registered under this article 225. A physician, or
1920+17
1921+certified nurse-midwife,
1922+OR CERTIFIED MIDWIFE who holds a license in18
1923+good standing may relinquish the license and subsequently be registered19
1924+under this article 225.20
1925+(II) A direct-entry midwife shall not represent himself or herself
1926+21
1927+ONESELF as a nurse-midwife, or certified nurse-midwife, OR CERTIFIED22
1928+MIDWIFE.23
1929+ 24
1930+(2) Nothing in this article 225 shall be construed to prohibit, or to25
1931+require registration under this article 225, with regard to:26
1932+(c) The rendering of services by certified nurse-midwives
1933+OR27
1934+167
1935+-57- CERTIFIED MIDWIVES properly licensed and practicing in accordance with1
1936+the provisions of part 1 of article 255 of this title 12; or2
1937+SECTION 41. In Colorado Revised Statutes, 12-225-106, amend3
1938+(5)(a)(III)(C) and (5)(a)(III)(F) as follows:4
1939+12-225-106. Prohibited acts - practice standards - informed5
1940+consent - emergency plan - risk assessment - referral - rules. (5) (a) A6
1941+direct-entry midwife shall keep appropriate records of midwifery-related7
1942+activity, including but not limited to the following:8
1943+(III) Before accepting a client for care, the direct-entry midwife9
1944+shall obtain the client's informed consent, which shall be evidenced by a10
1945+written statement in a form prescribed by the director and signed by both11
1946+the direct-entry midwife and the client. The form shall certify that full12
1947+disclosure has been made and acknowledged by the client as to each of13
1948+the following items, with the client's acknowledgment evidenced by a14
1949+separate signature or initials adjacent to each item in addition to the15
1950+client's signature at the end of the form:16
1951+(C) A description of the available alternatives to direct-entry17
1952+midwifery care, including a statement that the client understands she THE18
1953+CLIENT is not retaining a certified nurse midwife, or a nurse midwife, OR19
1954+A CERTIFIED MIDWIFE;20
1955+(F) A statement informing the client that, if subsequent care is21
1956+required resulting from the acts or omissions of the direct-entry midwife,22
1957+any physician, nurse,
1958+CERTIFIED MIDWIFE, prehospital emergency23
1959+personnel, and health-care institution rendering subsequent care shall
1960+24
1961+WILL be held only to a standard of gross negligence or willful and wanton25
1962+conduct;26
1963+SECTION 42. In Colorado Revised Statutes, 12-225-112, amend27
1964+167
1965+-58- (1) as follows:1
1966+12-225-112. Assumption of risk - no vicarious liability -2
1967+professional liability insurance required. (1) It is the policy of this3
1968+state that registrants shall be ARE liable for their acts or omissions in the4
1969+performance of the services that they provide, and that no licensed5
1970+physician, nurse,
1971+CERTIFIED MIDWIFE, prehospital emergency medical6
1972+personnel, or health-care institution shall be
1973+ IS liable for any act or7
1974+omission resulting from the administration of services by any registrant.8
1975+This subsection (1) does not relieve any physician, nurse,
1976+CERTIFIED9
1977+MIDWIFE, prehospital emergency personnel, or health-care institution from10
1978+liability for any willful and wanton act or omission or any act or omission11
1979+constituting gross negligence, or under circumstances where a registrant12
1980+has a business or supervised relationship with the physician, nurse,13
1981+CERTIFIED MIDWIFE, prehospital emergency personnel, or health-care14
1982+institution. A physician, nurse,
1983+CERTIFIED MIDWIFE, prehospital15
1984+emergency personnel, or health-care institution may provide consultation16
1985+or education to the registrant without establishing a business or17
1986+supervisory relationship, and is encouraged to accept referrals from18
1987+registrants pursuant to this article 225.19
1988+SECTION 43. In Colorado Revised Statutes, 12-240-107, amend20
1989+(1) introductory portion, (1)(f)(I), (3)(j), and (3)(s) as follows:21
1990+12-240-107. Practice of medicine defined - exemptions from22
1991+licensing requirements - unauthorized practice by physician23
1992+assistants and anesthesiologist assistants - penalties - definitions -24
1993+rules - repeal. (1) For the purpose of
1994+ AS USED IN this article 240,25
1995+"practice of medicine" means:26
1996+(f) The practice of midwifery, except:27
1997+167
1998+-59- (I) Services rendered by certified nurse-midwives OR CERTIFIED1
1999+MIDWIVES properly licensed and practicing in accordance with the2
2000+provisions of part 1 of article 255 of this title 12; or3
2001+(3) A person may engage in, and shall not be required to obtain a4
2002+license or a physician training license under this article 240 with respect5
2003+to, any of the following acts:6
2004+(j) The rendering of nursing
2005+OR MIDWIFERY services and delegated7
2006+medical functions by registered or other nurses
2007+OR CERTIFIED MIDWIVES8
2008+in the lawful discharge of their duties;9
2009+(s) (I) The rendering of prescriptions by an advanced practice10
2010+registered nurse
2011+OR CERTIFIED MIDWIFE pursuant to section 12-255-112.11
2012+(II) On or after July 1, 2010, a physician who serves as a preceptor12
2013+or mentor to an advanced practice registered nurse
2014+OR CERTIFIED MIDWIFE13
2015+pursuant to sections 12-240-108 and 12-255-112 (4) shall have a license14
2016+in good standing without disciplinary sanctions to practice medicine in15
2017+Colorado and an unrestricted registration by the federal drug enforcement16
2018+administration for the same schedules as the collaborating advanced17
14842019 practice registered nurse
1485-AND CERTIFIED MIDWIFE prescriptive authority;
1486-(j) Prescribing issues regarding providers other than physicians, and
1487-advanced practice registered nurses, AND CERTIFIED MIDWIVES;
1488-SECTION 27. In Colorado Revised Statutes, 12-30-106, amend (1)
1489-as follows:
1490-12-30-106. Health-care work force data collection. (1) The
1491-director of the division shall implement a system to collect health-care work
1492-force data from health-care professionals who are eligible for the Colorado
1493-health service corps pursuant to part 5 of article 1.5 of title 25, from
1494-practical and professional nurses
1495-AND CERTIFIED MIDWIVES licensed
1496-pursuant to part 1 of article 255 of this title 12, and from pharmacists
1497-licensed pursuant to article 280 of this title 12, collectively referred to in
1498-this section as "health-care professionals". Each health-care professional
1499-shall submit the data as part of the initial licensure process and upon the
1500-renewal of the health-care professional's license. Neither an executive
1501-department nor a board in an executive department is responsible for
1502-verifying the data or disciplining a health-care professional for
1503-noncompliance with this section.
1504-SECTION 28. In Colorado Revised Statutes, 12-30-109, amend
1505-PAGE 34-SENATE BILL 23-167 (4)(c) as follows:
1506-12-30-109. Prescriptions - limitations - definition - rules. (4) As
1507-used in this section, "prescriber" means:
1508-(c) An advanced practice registered nurse
1509-OR CERTIFIED MIDWIFE
1510-with prescriptive authority pursuant to section 12-255-112;
1511-SECTION 29. In Colorado Revised Statutes, 12-30-110, amend
1512-(7)(h)(II) as follows:
1513-12-30-110. Prescribing or dispensing opiate antagonists -
1514-authorized recipients - definitions. (7) As used in this section:
1515-(h) "Prescriber" means:
1516-(II) An advanced practice registered nurse, as defined in section
2020+OR CERTIFIED MIDWIFE.18
2021+(III) It is unlawful and a violation of this article 240 for any19
2022+person, corporation, or other entity to require payment or employment as20
2023+a condition of entering into a mentorship relationship with the
2024+ AN21
2025+advanced practice registered nurse
2026+OR A CERTIFIED MIDWIFE pursuant to22
2027+sections 12-240-108 and 12-255-112 (4), but the mentor may request23
2028+reimbursement of reasonable expenses and time spent as a result of the24
2029+mentorship relationship.25
2030+SECTION 44. In Colorado Revised Statutes, 12-240-108, amend26
2031+(1) as follows:27
2032+167
2033+-60- 12-240-108. Collaboration with advanced practice registered1
2034+nurses and certified midwives with prescriptive authority -2
2035+mentorships. (1) (a) A physician licensed pursuant to this article 2403
2036+may, and is encouraged to, serve as a mentor to an advanced practice4
2037+registered nurse
2038+OR A CERTIFIED MIDWIFE who is applying for prescriptive5
2039+authority pursuant to section 12-255-112 (4). A physician who serves as6
2040+a mentor to an advanced practice registered nurse
2041+OR A CERTIFIED7
2042+MIDWIFE seeking prescriptive authority shall:8
2043+(I) Be practicing in Colorado and shall have education, training,9
2044+experience, and active practice that corresponds with the role and10
2045+population focus of the advanced practice registered nurse
2046+OR CERTIFIED11
2047+MIDWIFE; and12
2048+(II) Have a license in good standing without disciplinary sanctions13
2049+to practice medicine in Colorado and an unrestricted registration by the14
2050+federal drug enforcement administration for the same schedules as the15
2051+advanced practice registered nurse
2052+OR CERTIFIED MIDWIFE.16
2053+(b) A physician serving as a mentor to an advanced practice17
2054+registered nurse
2055+OR A CERTIFIED MIDWIFE pursuant to section 12-255-11218
2056+(4) shall not require payment or employment as a condition of entering19
2057+into the mentorship relationship, but the physician may request20
2058+reimbursement of reasonable expenses and time spent as a result of the21
2059+mentorship relationship.22
2060+(c) Upon successful completion of a mentorship as described in23
2061+section 12-255-112 (4)(b)(I), the physician shall verify by his or her
2062+ THE24
2063+PHYSICIAN'S signature that the advanced practice registered nurse OR25
2064+CERTIFIED MIDWIFE has successfully completed the mentorship within the26
2065+required period.27
2066+167
2067+-61- SECTION 45. In Colorado Revised Statutes, 12-240-121, amend1
2068+(1)(bb) as follows:2
2069+12-240-121. Unprofessional conduct - definitions.3
2070+(1) "Unprofessional conduct" as used in this article 240 means:4
2071+(bb) Entering into or continuing in a mentorship relationship with5
2072+an advanced practice registered nurse
2073+OR A CERTIFIED MIDWIFE pursuant6
2074+to sections 12-240-108 and 12-255-112 (4) that fails to meet generally7
2075+acceptable standards of medical practice;8
2076+SECTION 46. In Colorado Revised Statutes, 12-240-139, amend9
2077+(1)(b)(I) introductory portion, (1)(b)(I)(B), (1)(b)(I)(C), (1)(b)(II)(B),10
2078+(1)(b)(III), and (1)(b)(V) introductory portion as follows:11
2079+12-240-139. Injuries to be reported - penalty for failure to12
2080+report - immunity from liability - definitions. (1) (b) (I) When a13
2081+licensee, or
2082+ nurse, OR CERTIFIED MIDWIFE performs a medical forensic14
2083+examination that includes the collection of evidence at the request of a15
2084+victim of sexual assault, the licensee's, or nurse's, OR CERTIFIED MIDWIFE'S16
2085+employing medical facility shall, with the consent of the victim of the17
2086+sexual assault, make one of the following reports to law enforcement:18
2087+(B) A medical report if a victim wishes to obtain a medical19
2088+forensic examination with evidence collection but at the time of the20
2089+medical forensic examination chooses not to participate in the criminal21
2090+justice system. The licensee, or nurse, OR CERTIFIED MIDWIFE shall collect22
2091+the evidence and victim-identifying information, and the employing23
2092+medical facility shall release the evidence and information to law24
2093+enforcement for testing in accordance with section 24-33.5-113 (1)(b)(III)25
2094+and storage in accordance with section 18-3-407.5 (3)(c).26
2095+(C) An anonymous report if a victim wishes to obtain a medical27
2096+167
2097+-62- forensic examination with evidence collection but at the time of the1
2098+medical forensic examination chooses not to have personal identifying2
2099+information provided to law enforcement or to participate in the criminal3
2100+justice system. The licensee, or nurse, OR CERTIFIED MIDWIFE shall collect4
2101+the evidence, and the employing medical facility shall release it to law5
2102+enforcement for storage in accordance with section 18-3-407.5 (3)(c).6
2103+Law enforcement shall receive no identifying information for the victim.7
2104+Law enforcement shall assign a unique identifying number to the8
2105+evidence, and the licensee, or nurse, OR CERTIFIED MIDWIFE shall record9
2106+the identifying number in the medical record and notify the victim that the10
2107+identifying number is recorded. Additionally, the licensee, or nurse, OR11
2108+CERTIFIED MIDWIFE shall provide the identifying number to the victim.12
2109+(II) Nothing in this section:13
2110+(B) Requires a licensee, nurse,
2111+CERTIFIED MIDWIFE, or medical14
2112+facility to make a report to law enforcement concerning an alleged sexual15
2113+assault if medical forensic evidence is not collected.16
2114+(III) If the licensee's,
2115+NURSE'S, OR CERTIFIED MIDWIFE'S employing17
2116+medical facility knows where the alleged sexual assault occurred, the18
2117+facility shall make the report with the law enforcement agency in whose19
2118+jurisdiction the crime occurred regarding preservation of the evidence. If20
2119+the medical facility does not know where the alleged sexual assault21
2120+occurred, the facility shall make the report with its local law enforcement22
2121+agency regarding preservation of the evidence.23
2122+(V) A licensee, or
2123+ nurse, OR CERTIFIED MIDWIFE who performs a24
2124+medical forensic examination as described in subsection (1)(b)(I) of this25
2125+section shall inform the victim:26
2126+SECTION 47. In Colorado Revised Statutes, 12-245-220, amend27
2127+167
2128+-63- (2)(b) as follows:1
2129+12-245-220. Disclosure of confidential communications -2
2130+definitions. (2) Subsection (1) of this section does not apply and a person3
2131+may disclose confidential information when:4
2132+(b) A licensee, registrant, or certificate holder was in consultation5
2133+with a physician, registered professional nurse,
2134+CERTIFIED MIDWIFE,6
2135+licensee, registrant, or certificate holder against whom a suit or complaint7
2136+was filed based on the case out of which the suit or complaint arises;8
2137+SECTION 48. In Colorado Revised Statutes, 12-250-106, amend9
2138+(7) as follows:10
2139+12-250-106. Practice of naturopathic medicine by11
2140+naturopathic doctors - exclusions - protected activities - definition -12
2141+rules. (7) As used in this section, "licensed pediatric health-care13
2142+provider" means a licensed physician, or
2143+ AN advanced practice registered14
2144+nurse,
2145+OR A CERTIFIED MIDWIFE who treats children.15
2146+SECTION 49. In Colorado Revised Statutes, 12-280-123, amend16
2147+(1)(b) as follows:17
2148+12-280-123. Prescription required - exception - dispensing18
2149+opiate antagonists - selling nonprescription syringes and needles.19
2150+(1) (b) A pharmacist who receives an order for a controlled substance20
2151+that is included in schedule II, III, or IV from a podiatrist, dentist,21
2152+physician, physician assistant, advanced practice registered nurse,22
2153+CERTIFIED MIDWIFE, or optometrist, which order is not transmitted23
2154+electronically to the pharmacist, is not required to verify the applicability24
2155+of an exception to electronic prescribing of controlled substances under25
2156+section 12-30-111 and may dispense the controlled substance pursuant to26
2157+a written, oral, or facsimile-transmitted order that is otherwise valid and27
2158+167
2159+-64- consistent with the requirements of current law.1
2160+SECTION 50. In Colorado Revised Statutes, 12-280-125.7,2
2161+amend (1)(f)(II) as follows:3
2162+12-280-125.7. Pharmacists' authority to prescribe and4
2163+dispense HIV infection prevention drugs - definitions - rules. (1) As5
2164+used in this section:6
2165+(f) "Prescriber" means:7
2166+(II) An advanced practice registered nurse, as defined in section8
15172167 12-255-104 (1),
1518-OR A CERTIFIED MIDWIFE , AS DEFINED IN SECTION
1519-12-255-104 (3.2), with prescriptive authority pursuant to section
1520-12-255-112; or
1521-SECTION 30. In Colorado Revised Statutes, 12-30-111, amend
1522-(4)(a)(III) as follows:
1523-12-30-111. Electronic prescribing of controlled substances -
1524-exceptions - rules - definitions. (4) As used in this section:
1525-(a) "Prescriber" means:
1526-(III) An advanced practice registered nurse
1527-OR CERTIFIED MIDWIFE
1528-with prescriptive authority pursuant to section 12-255-112;
1529-SECTION 31. In Colorado Revised Statutes, 12-30-114, amend (2)
1530-as follows:
1531-12-30-114. Demonstrated competency - opiate prescribers - rules
1532-- definition. (2) For the purposes of this section, "licensed health-care
1533-provider" includes
1534-ANY OF THE FOLLOWING PROVIDERS WHO ARE LICENSED
1535-PURSUANT TO THIS TITLE
1536-12:
1537-PAGE 35-SENATE BILL 23-167 (a) A physician;
1538-(b) A physician assistant;
1539-(c) A podiatrist;
1540-(d) A dentist;
1541-(e) A
1542-N advanced practice registered nurse OR CERTIFIED MIDWIFE
1543-with prescriptive authority;
1544-(f) A
1545-N optometrist; and
1546-(g) A veterinarian. licensed pursuant to this title 12.
1547-SECTION 32. In Colorado Revised Statutes, 12-30-201, amend (1)
1548-introductory portion, (2)(b), and (3) as follows:
1549-12-30-201. Legislative declaration. (1) The general assembly
1550-hereby finds, determines, and declares that the Colorado medical board
1551-created in article 240 of this title 12 and the state board of nursing created
1552-in article 255 of this title 12 act for the state in their sovereign capacity to
1553-govern licensure, discipline, and professional review of persons licensed to
1554-practice medicine, persons licensed as physician assistants, and
1555- advanced
1556-practice registered nurses,
1557-AND CERTIFIED MIDWIVES, respectively, in this
1558-state. The general assembly further finds, determines, and declares that:
1559-(2) The general assembly recognizes that:
1560-(b) Many patients lack the knowledge, experience, or education to
1561-properly evaluate the quality of medical, or
1562- nursing, OR CERTIFIED MIDWIFE
1563-practice or the professional conduct of persons licensed to practice medicine, persons licensed as physician assistants, and
1564- advanced practice
1565-registered nurses,
1566-AND CERTIFIED MIDWIVES; and
1567-(3) The general assembly recognizes that, in the proper exercise of
1568-their authority and responsibilities under this part 2, the Colorado medical
1569-board and the state board of nursing must, to some extent, replace
1570-competition with regulation, and that the replacement of competition by
1571-regulation, particularly with regard to persons licensed under article 240 of
1572-PAGE 36-SENATE BILL 23-167 this title 12, or to advanced practice registered nurses, OR TO CERTIFIED
1573-MIDWIVES
1574-, is related to a legitimate state interest in the protection of the
1575-health, safety, and welfare of the people of this state.
1576-SECTION 33. In Colorado Revised Statutes, 12-30-202, amend
1577-(7); and add (2.5) as follows:
1578-12-30-202. Definitions. As used in this part 2, unless the context
1579-otherwise requires:
1580-(2.5) "C
1581-ERTIFIED MIDWIFE" HAS THE SAME MEANING AS SET FORTH
1582-IN SECTION
1583-12-255-104 (3.2).
1584-(7) "Professional review committee" means any committee
1585-authorized under this part 2 to review and evaluate the competence of,
1586-professional conduct of, or the quality and appropriateness of patient care
1587-provided by any person licensed under article 240 of this title 12, or
1588- an
2168+OR A CERTIFIED MIDWIFE, AS DEFINED IN SECTION9
2169+12-255-104
2170+ (3.2), with prescriptive authority pursuant to section10
2171+12-255-112.11
2172+SECTION 51. In Colorado Revised Statutes, 12-300-104, amend12
2173+(3)(c), (3)(d)(II), and (3)(e) as follows:13
2174+12-300-104. Definitions. As used in this article 300, unless the14
2175+context otherwise requires:15
2176+(3) "Respiratory therapy" means providing therapy, management,16
2177+rehabilitation, support services for diagnostic evaluation, and care of17
2178+patients with deficiencies and abnormalities that affect the pulmonary18
2179+system under the overall direction of a medical director. Respiratory19
2180+therapy includes the following:20
2181+(c) Direct and indirect respiratory care services, including but not
2182+21
2183+limited to the administration of pharmacological, diagnostic, and22
2184+therapeutic agents related to respiratory care procedures necessary to23
2185+implement a treatment, disease prevention, and pulmonary rehabilitative24
2186+or diagnostic regimen prescribed by a physician, or AN advanced practice25
2187+registered nurse,
2188+OR A CERTIFIED MIDWIFE;26
2189+(d) Observation and monitoring of signs, symptoms, reactions,27
2190+167
2191+-65- general behavior, and general physical response to respiratory care1
2192+treatment and diagnostic testing for:2
2193+(II) The implementation based on observed abnormalities of3
2194+appropriate reporting, referral, or respiratory care protocols or changes in4
2195+treatment regimen pursuant to a prescription by a physician, or AN5
15892196 advanced practice registered nurse,
1590-OR A CERTIFIED MIDWIFE. "Professional
1591-review committee" includes a governing board, a hearing panel appointed
1592-by a governing board to conduct a hearing under section 12-30-204 (8)(a),
1593-and an independent third party designated by a governing board under
1594-section 12-30-204 (9)(b).
1595-SECTION 34. In Colorado Revised Statutes, 12-30-203, amend
1596-(1)(a) and (2) as follows:
1597-12-30-203. Use of professional review committees. (1) (a) The
1598-general assembly recognizes that:
1599-(I) The medical board and the nursing board, while assuming and
1600-retaining ultimate authority for licensure and discipline in accordance with
1601-article 240 of this title 12 and part 1 of article 255 of this title 12,
1602-respectively, and in accordance with this part 2, cannot practically and
1603-economically assume responsibility over every single allegation or instance
1604-of purported deviation from the standards of quality for the practice of
1605-medicine, or
1606- THE PRACTICE OF nursing, OR THE PRACTICE AS A CERTIFIED
1607-MIDWIFE
1608-; from the standards of professional conduct; or from the standards
1609-of appropriate care; and
1610-(II) An attempt to exercise this oversight would result in
1611-PAGE 37-SENATE BILL 23-167 extraordinary delays in the determination of the legitimacy of the allegations
1612-and would result in the inappropriate and unequal exercise of their authority
1613-to license and discipline persons licensed under article 240 of this title 12,
1614-or
1615- advanced practice registered nurses, OR CERTIFIED MIDWIVES.
1616-(2) Persons licensed under article 240 of this title 12, and advanced
1617-practice registered nurses,
1618-AND CERTIFIED MIDWIVES are encouraged to
1619-serve upon professional review committees when called to do so and to
1620-study and review in an objectively reasonable manner the professional
1621-conduct of persons licensed under article 240 of this title 12, or
1622- advanced
1623-practice registered nurses,
1624-OR CERTIFIED MIDWIVES , including the
1625-competence of, professional conduct of, or the quality and appropriateness
1626-of patient care provided by those persons.
1627-SECTION 35. In Colorado Revised Statutes, 12-30-204, amend
1628-(1), (3), (5)(d), (5)(f), (5)(g), (5)(h), (5)(k), (5)(l), (5)(n), (7)(a), (8)
1629-introductory portion, (8)(a)(I), (9)(a), (11)(b)(II), and (11)(b)(VII); and add
1630-(5)(d.5) as follows:
1631-12-30-204. Establishment of professional review committees -
1632-function - rules. (1) A professional review committee may be established
1633-pursuant to this section to review and evaluate the competence of, the
1634-quality and appropriateness of patient care provided by, or the professional
1635-conduct of any person licensed under article 240 of this title 12, or
1636- any
1637-advanced practice registered nurse,
1638-OR ANY CERTIFIED MIDWIFE.
1639-(3) (a) A professional review committee that is reviewing the
1640-competence of, the quality and appropriateness of patient care provided by,
1641-or the professional conduct of an advanced practice registered nurse must
1642-either:
1643-(a)
1644- (I) Have, as a voting member, at least one advanced practice
1645-registered nurse with a scope of practice similar to that of the person who
1646-is the subject of the review; or
1647-(b)
1648- (II) Engage, to perform an independent review as appropriate,
1649-an independent person who is an advanced practice registered nurse with a
1650-scope of practice similar to that of the person who is the subject of the
1651-review. The person conducting the independent review must be a person
1652-who was not previously involved in the review.
1653-PAGE 38-SENATE BILL 23-167 (b) A PROFESSIONAL REVIEW COMMITTEE THAT IS REVIEWING THE
1654-COMPETENCE OF
1655-, THE QUALITY AND APPROPRIATENESS OF PATIENT CARE
1656-PROVIDED BY
1657-, OR THE PROFESSIONAL CONDUCT OF A CERTIFIED MIDWIFE
1658-MUST EITHER
1659-:
1660-(I) H
1661-AVE, AS A VOTING MEMBER, AT LEAST ONE CERTIFIED MIDWIFE
1662-OR ADVANCED PRACTICE REGISTERED NURSE WITH A SCOPE OF PRACTICE
1663-SIMILAR TO THAT OF THE PERSON WHO IS THE SUBJECT OF THE REVIEW
1664-; OR
1665-(II) ENGAGE, TO PERFORM AN INDEPENDENT REVIEW AS
1666-APPROPRIATE
1667-, AN INDEPENDENT PERSON WHO IS A CERTIFIED MIDWIFE WITH
1668-A SCOPE OF PRACTICE SIMILAR TO THAT OF THE PERSON WHO IS THE SUBJECT
1669-OF THE REVIEW
1670-. THE PERSON CONDUCTING THE INDEPENDENT REVIEW MUST
1671-BE A PERSON WHO WAS NOT PREVIOUSLY INVOLVED IN THE REVIEW
1672-.
1673-(5) A professional review committee established by any of the
1674-following authorized entities is an approved professional review committee
1675-under this part 2 if it operates in compliance with written bylaws, policies,
1676-or procedures that are in compliance with this part 2 and that have been
1677-approved by the authorized entity's governing board and if it is registered
1678-with the division in accordance with section 12-30-206:
1679-(d) A society or association of advanced practice registered nurses
1680-who
1681- WHOSE MEMBERS reside in this state, if the advanced practice registered
1682-nurse whose services are the subject of the review is a member of the
1683-society or association;
1684-(d.5) A
1685- SOCIETY OR ASSOCIATION OF CERTIFIED MIDWIVES WHOSE
1686-MEMBERS RESIDE IN THIS STATE
1687-, IF THE CERTIFIED MIDWIFE WHOSE SERVICES
1688-ARE THE SUBJECT OF THE REVIEW IS A MEMBER OF THE SOCIETY OR
1689-ASSOCIATION
1690-;
1691-(f) A society or association of advanced practice registered nurses
1692-who
1693- OR CERTIFIED MIDWIVES WHOSE MEMBERS practice in a specified
1694-nursing
1695-OR MIDWIFERY role and population focus, as defined by the nursing
1696-board, which society or association has been designated by the nursing
1697-board as the specific nursing
1698-OR MIDWIFERY society or association
1699-representative of those advanced practice registered nurses
1700-OR CERTIFIED
1701-MIDWIVES
1702- practicing in that nursing OR MIDWIFERY role and population
1703-focus, if the advanced practice registered nurse
1704-OR CERTIFIED MIDWIFE
1705-PAGE 39-SENATE BILL 23-167 whose services are the subject of the review is a member of the designated
1706-nursing
1707-OR MIDWIFERY society or association;
1708-(g) An individual practice association or a preferred provider
1709-organization consisting of persons licensed under article 240 of this title 12,
1710-or
1711- of advanced practice registered nurses, OR OF CERTIFIED MIDWIVES or a
1712-medical group that predominantly serves members of a health maintenance
1713-organization licensed pursuant to parts 1 and 4 of article 16 of title 10. A
1714-professional review committee established pursuant to this subsection (5)(g)
1715-has jurisdiction to review persons licensed under article 240 of this title 12,
1716-or
1717- advanced practice registered nurses, OR CERTIFIED MIDWIVES only if the
1718-persons licensed under said article, or the advanced practice registered
1719-nurses,
1720-OR THE CERTIFIED MIDWIVES are members of the association or
1721-organization creating and authorizing that committee; except that the
1722-professional review committee may review the care provided to a particular
1723-patient referred by a member of the association or organization to another
1724-person who is not a member of the association or organization and is
1725-licensed under article 240 of this title 12, or
1726- is an advanced practice
2197+OR A CERTIFIED MIDWIFE or the6
2198+initiation of emergency procedures;7
2199+(e) The diagnostic and therapeutic use of the following in8
2200+accordance with the prescription of a physician, or
2201+ AN advanced practice9
17272202 registered nurse,
1728-OR IS A CERTIFIED MIDWIFE.
1729-(h) A corporation authorized pursuant to article 3 of title 10 to insure
1730-persons licensed under article 240 of this title 12, or
1731- advanced practice
1732-registered nurses,
1733-OR CERTIFIED MIDWIVES or any other organization
1734-authorized to insure such persons in this state when designated by the
1735-medical board or nursing board under subsection (6) of this section;
1736-(k) (I) A nonprofit corporation or association consisting of
1737-representatives from a statewide professional society and a statewide
1738-hospital association. The association must consist of persons licensed under
1739-article 240 of this title 12, or
1740- advanced practice registered nurses, OR
1741-CERTIFIED MIDWIVES
1742-, AS APPLICABLE, AND hospital administrators and
1743-hospital trustees, with a majority of the representatives being personslicensed under article 240 of this title 12 SUBJECT TO THE FOLLOWING
1744-REQUIREMENTS
1745-:
1746-(A) When the subject of the investigation is a person licensed under
1747-article 240 of this title 12, and
1748- A MAJORITY OF THE REPRESENTATIVES MUST
1749-BE PERSONS LICENSED UNDER ARTICLE
1750-240 OF THIS TITLE 12;
1751-(B) W
1752-HEN THE SUBJECT OF THE INVESTIGATION IS AN ADVANCED
1753-PAGE 40-SENATE BILL 23-167 PRACTICE REGISTERED NURSE, at least one of the representatives being MUST
1754-BE
1755- an advanced practice registered nurse; when the subject of theinvestigation is an advanced practice registered nurse. AND
1756-(C) WHEN THE SUBJECT OF THE INVESTIGATION IS A CERTIFIED
1757-MIDWIFE
1758-, AT LEAST ONE OF THE REPRESENTATIVES MUST BE A CERTIFIED
1759-MIDWIFE
1760-.
1761-(II) The association may establish, or contract for, one or more
1762-professional review committees to review the care by hospital staff
1763-personnel who are licensed under article 240 of this title 12, or are advanced
1764-practice registered nurses,
1765-OR ARE CERTIFIED MIDWIVES, with priority given
1766-to small rural hospital staffs. These professional review services must be
1767-available statewide on a fee-for-service basis to licensed or certified
1768-hospitals at the joint request of the governing board and the medical, or
1769-nursing, OR CERTIFIED MIDWIFE staff of the hospital or at the sole request of
1770-the governing board of the hospital. If a member being reviewed specializes
1771-in a generally recognized specialty of medicine, or
1772- nursing, OR MIDWIFERY,
1773-at least one of the health-care providers on the professional review
1774-committee must be a person who is licensed under article 240 of this title
1775-12, or
1776- is an advanced practice registered nurse, OR IS A CERTIFIED MIDWIFE
1777-and who practices such specialty.
1778-(II) (III) For purposes of the introductory portion to this subsection
1779-(5) and this subsection (5)(k), the bylaws, policies, or procedures must be
1780-in compliance with this part 2 and approved by the nonprofit corporation or
1781-association.
1782-(l) The medical, or
1783- nursing, OR CERTIFIED MIDWIFE staff of an
1784-ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25;
1785-(n) A provider network that is organized pursuant to part 3 of article
1786-18 of title 6 and includes persons licensed under article 240 of this title 12,
1787-or
1788- advanced practice registered nurses, OR CERTIFIED MIDWIVES;
1789-(7) (a) A professional review committee acting pursuant to this part
1790-2 may investigate or cause to be investigated:
1791-(I) The qualifications and competence of any person licensed under
1792-article 240 of this title 12, or any advanced practice registered nurse, OR
1793-PAGE 41-SENATE BILL 23-167 ANY CERTIFIED MIDWIFE who seeks to subject himself or herself
1794-THEMSELVES to the authority of any authorized entity; or
1795-(II) The quality or appropriateness of patient care rendered by, or the
1796-professional conduct of, any person licensed under article 240 of this title
1797-12, or
1798- any advanced practice registered nurse, OR ANY CERTIFIED MIDWIFE
1799-who is subject to the authority of the authorized entity.
1800-(8) The written bylaws, policies, or procedures of any professional
1801-review committee for persons licensed under article 240 of this title 12, or
1802-advanced practice registered nurses, OR CERTIFIED MIDWIVES must provide
1803-for at least the following:
1804-(a) (I) Except as provided in subsection (8)(a)(II) of this section, if
1805-the findings of any investigation indicate that a person licensed under article
1806-240 of this title 12, or
1807- an advanced practice registered nurse, OR A CERTIFIED
1808-MIDWIFE
1809- who is the subject of the investigation is lacking in qualifications
1810-or competency, has provided substandard or inappropriate patient care, or
1811-has exhibited inappropriate professional conduct and the professional
1812-review committee takes or recommends an action to adversely affect the
1813-person's membership, affiliation, or privileges with the authorized entity, the
1814-professional review committee shall hold a hearing to consider the findings
1815-and recommendations unless the person waives, in writing, the right to a
1816-hearing or is given notice of a hearing and fails to appear.
1817-(9) (a) All governing boards shall adopt written bylaws, policies, or
1818-procedures under which a person who is licensed under article 240 of this
1819-title 12, or
1820- is an advanced practice registered nurse, OR IS A CERTIFIED
1821-MIDWIFE
1822- and who is the subject of an adverse recommendation by a
1823-professional review committee may appeal to the governing board
1824-following a hearing in accordance with subsection (8) of this section. The
1825-bylaws, policies, or procedures must provide that the person be given
1826-reasonable notice of his or her
1827- THE PERSON'S right to appeal and, unless
1828-waived by the person, has the right to appear before the governing board,
1829-to be represented by legal counsel, and to offer the argument on the record
1830-that the person deems appropriate.
1831-(11) (b) Subject to subsection (14) of this section, the records are
1832-subject to subpoena and available for use:
1833-PAGE 42-SENATE BILL 23-167 (II) By a person licensed under article 240 of this title 12, or an
1834-advanced practice registered nurse,
1835-OR A CERTIFIED MIDWIFE in a suit
1836-seeking judicial review of an action by the governing board;
1837-(VII) By the nursing board within the scope of its authority over
1838-advanced practice registered nurses
1839-AND CERTIFIED MIDWIVES.
1840-SECTION 36. In Colorado Revised Statutes, 12-30-205, amend (1)
1841-as follows:
1842-12-30-205. Hospital professional review committees. (1) The
1843-quality and appropriateness of patient care rendered by persons licensed
1844-under article 240 of this title 12, advanced practice registered nurses,
1845-CERTIFIED MIDWIVES, and other licensed health-care professionals so
1846-influence the total quality of patient care that a review of care provided in
1847-a hospital is ineffective without concomitantly reviewing the overall
1848-competence of, professional conduct of, or the quality and appropriateness
1849-of care rendered by these persons.
1850-SECTION 37. In Colorado Revised Statutes, 12-30-206, amend
1851-(1), (2) introductory portion, (2)(b)(II) introductory portion, and (3)(a) as
1852-follows:
1853-12-30-206. Governing boards to register with division - annual
1854-reports - aggregation and publication of data - definition - rules. (1) As
1855-used in this section, "adversely affecting" has the same meaning as set forth
1856-in 45 CFR 60.3; except that it does not include a precautionary suspension
1857-or any professional review action affecting, for a period of thirty or fewer
1858-days, a person licensed under article 240 of this title 12, or
1859- an advanced
1860-practice registered nurse,
1861-OR A CERTIFIED MIDWIFE.
1862-(2) Each governing board that establishes or uses one or more
1863-professional review committees to review the practice of persons licensed
1864-under article 240 of this title 12, or
1865- of advanced practice registered nurses,
1866-OR OF CERTIFIED MIDWIVES shall:
1867-(b) In addition to any other state or federal reporting requirements:
1868-(II) Report annually to the nursing board, in a form satisfactory to
1869-the nursing board, the number of final professional review actions in each
1870-PAGE 43-SENATE BILL 23-167 of the following categories relating to advanced practice registered nurses
1871-AND CERTIFIED MIDWIVES:
1872-(3) (a) The division shall publish the data provided pursuant to
1873-subsections (2)(b) and (2)(c) of this section in aggregate form and without
1874-individually identifiable information concerning the governing board, the
1875-authorized entity, or any person who was subject to review and is licensed
1876-under article 240 of this title 12, or
1877- is an advanced practice registered nurse,
1878-OR IS A CERTIFIED MIDWIFE.
1879-SECTION 38. In Colorado Revised Statutes, 12-30-207, amend
1880-(1), (2) introductory portion, and (2)(d) as follows:
1881-12-30-207. Immunity from liability. (1) A member of a
1882-professional review committee, a governing board, or any committee or
1883-third party designated by the governing board under section 12-30-204
1884-(9)(b); and
1885- any person serving on the staff of that committee, board, panel,
1886-or third party; a witness or consultant before a professional review
1887-committee; and any person who files a complaint or otherwise participates
1888-in the professional review process is immune from suit and liability for
1889-damages in any civil or criminal action, including antitrust actions, brought
1890-by a person licensed under article 240 of this title 12, or
1891- an advanced
1892-practice registered nurse,
1893-OR A CERTIFIED MIDWIFE who is the subject of the
1894-review by the professional review committee unless, in connection with the
1895-professional review process, the person provided false information and
1896-knew that the information was false.
1897-(2) The governing board and the authorized entity that has
1898-established a professional review committee pursuant to section 12-30-204
1899-is immune from suit and liability for damages in any civil or criminal action,
1900-including antitrust actions, brought by a person licensed under article 240
1901-of this title 12, or
1902- an advanced practice registered nurse, OR A CERTIFIED
1903-MIDWIFE
1904- who is the subject of the review by such professional review
1905-committee if the professional review action was taken within the scope of
1906-the professional review process and was taken:
1907-(d) In accordance with procedures that, under the circumstances,
1908-were fair to the person licensed under article 240 of this title 12, or
1909- the
1910-advanced practice registered nurse,
1911-OR THE CERTIFIED MIDWIFE.
1912-PAGE 44-SENATE BILL 23-167 SECTION 39. In Colorado Revised Statutes, 12-30-208, amend
1913-(3)(b)(I), (3)(c) introductory portion, and (3)(c)(V) as follows:
1914-12-30-208. Conformance with federal law and regulation -
1915-legislative declaration - rules - limitations on liability - definition.
1916-(3) (b) (I) Notwithstanding subsection (3)(a) of this section, nothing in this
1917-section relieves an authorized entity that is a health-care facility licensed or
1918-certified pursuant to part 1 of article 3 of title 25 or certified pursuant to
1919-section 25-1.5-103 (1)(a)(II) of liability to an injured person or wrongful
1920-death claimant for the facility's independent negligence in the credentialing
1921-or privileging process for a person licensed under article 240 of this title 12,
1922-or
1923- an advanced practice registered nurse, OR A CERTIFIED MIDWIFE who
1924-provided health-care services for the injured or deceased person at the
1925-facility. For purposes of this subsection (3), the facility's participation in the
1926-credentialing process or the privileging process does not constitute the
1927-corporate practice of medicine.
1928-(c) For the purposes of
1929- AS USED IN this subsection (3), unless the
1930-context otherwise requires, "professional review action" means an action or
1931-recommendation of a professional review committee that is taken or made
1932-in the conduct of professional review activity and that is based on the
1933-quality and appropriateness of patient care provided by, or the competence
1934-or professional conduct of, an individual person licensed under article 240
1935-of this title 12, or
1936- an advanced practice registered nurse, OR A CERTIFIED
1937-MIDWIFE
1938-, which action affects or may affect adversely the person's clinical
1939-privileges of or membership in an authorized entity. "Professional review
1940-action" includes a formal decision by the professional review committee not
1941-to take an action or make a recommendation as provided in this subsection
1942-(3)(c) and also includes professional review activities relating to a
1943-professional review action. An action is not based upon the competence or
1944-professional conduct of a person if the action is primarily based on:
1945-(V) Any other matter that does not relate to the quality and
1946-appropriateness of patient care provided by, or the competence or
1947-professional conduct of, a person licensed under article 240 of this title 12,
1948-or
1949- an advanced practice registered nurse, OR A CERTIFIED MIDWIFE.
1950-SECTION 40. In Colorado Revised Statutes, 12-225-101, amend
1951-(1)(b)(I), (1)(b)(II), and (2)(c) as follows:
1952-PAGE 45-SENATE BILL 23-167 12-225-101. Scope of article - exemptions - legislative
1953-declaration. (1) (b) (I) A person who is a certified nurse-midwife
1954-authorized pursuant to section 12-255-111,
1955-A CERTIFIED MIDWIFE
1956-AUTHORIZED PURSUANT TO SECTION
1957-12-255-111.5, or a physician as
1958-provided in article 240 of this title 12 shall not simultaneously be so
1959-licensed and also be registered under this article 225. A physician, orcertified nurse-midwife, OR CERTIFIED MIDWIFE who holds a license in good
1960-standing may relinquish the license and subsequently be registered under
1961-this article 225.
1962-(II) A direct-entry midwife shall not represent himself or herself
1963-ONESELF as a nurse-midwife, or certified nurse-midwife, OR CERTIFIED
1964-MIDWIFE
1965-.
1966-(2) Nothing in this article 225 shall be construed to prohibit, or to
1967-require registration under this article 225, with regard to:
1968-(c) The rendering of services by certified nurse-midwives
1969-OR
1970-CERTIFIED MIDWIVES
1971- properly licensed and practicing in accordance with
1972-the provisions of
1973- part 1 of article 255 of this title 12; or
1974-SECTION 41. In Colorado Revised Statutes, 12-225-106, amend
1975-(5)(a)(III)(C) and (5)(a)(III)(F) as follows:
1976-12-225-106. Prohibited acts - practice standards - informed
1977-consent - emergency plan - risk assessment - referral - rules. (5) (a) A
1978-direct-entry midwife shall keep appropriate records of midwifery-related
1979-activity, including but not limited to the following:
1980-(III) Before accepting a client for care, the direct-entry midwife
1981-shall obtain the client's informed consent, which shall be evidenced by a
1982-written statement in a form prescribed by the director and signed by both the
1983-direct-entry midwife and the client. The form shall certify that full
1984-disclosure has been made and acknowledged by the client as to each of the
1985-following items, with the client's acknowledgment evidenced by a separate
1986-signature or initials adjacent to each item in addition to the client's signature
1987-at the end of the form:
1988-(C) A description of the available alternatives to direct-entry
1989-midwifery care, including a statement that the client understands she
1990- THE
1991-PAGE 46-SENATE BILL 23-167 CLIENT is not retaining a certified nurse midwife, or a nurse midwife, OR A
1992-CERTIFIED MIDWIFE
1993-;
1994-(F) A statement informing the client that, if subsequent care is
1995-required resulting from the acts or omissions of the direct-entry midwife,
1996-any physician, nurse,
1997-CERTIFIED MIDWIFE, prehospital emergency personnel,
1998-and health-care institution rendering subsequent care shall
1999- WILL be held
2000-only to a standard of gross negligence or willful and wanton conduct;
2001-SECTION 42. In Colorado Revised Statutes, 12-225-112, amend
2002-(1) as follows:
2003-12-225-112. Assumption of risk - no vicarious liability -
2004-professional liability insurance required. (1) It is the policy of this state
2005-that registrants shall be ARE liable for their acts or omissions in the
2006-performance of the services that they provide, and that no licensed
2007-physician, nurse,
2008-CERTIFIED MIDWIFE, prehospital emergency medical
2009-personnel, or health-care institution shall be IS liable for any act or omission
2010-resulting from the administration of services by any registrant. This
2011-subsection (1) does not relieve any physician, nurse,
2012-CERTIFIED MIDWIFE,
2013-prehospital emergency personnel, or health-care institution from liability for
2014-any willful and wanton act or omission or any act or omission constituting
2015-gross negligence, or under circumstances where a registrant has a business
2016-or supervised relationship with the physician, nurse,
2017-CERTIFIED MIDWIFE,
2018-prehospital emergency personnel, or health-care institution. A physician,
2203+OR A CERTIFIED MIDWIFE: Administration of medical10
2204+gases, exclusive of general anesthesia; aerosols; humidification;11
2205+environmental control systems and biomedical therapy; pharmacologic12
2206+agents related to respiratory care procedures; mechanical or physiological13
2207+ventilatory support; bronchopulmonary hygiene; respiratory protocol and14
2208+evaluation; cardiopulmonary resuscitation; maintenance of the natural15
2209+airways; insertion and maintenance of artificial airways; diagnostic and16
2210+testing techniques required for implementation of respiratory care17
2211+protocols; collection of specimens from the respiratory tract; or analysis18
2212+of blood gases and respiratory secretions and participation in19
2213+cardiopulmonary research; and20
2214+SECTION 52. In Colorado Revised Statutes, 10-16-139, amend21
2215+(1) as follows:22
2216+10-16-139. Access to care - rules - definitions. (1) Access to23
2217+obstetricians and gynecologists. A health benefit plan that is delivered,24
2218+issued, renewed, or reinstated in this state on or after January 1, 2014, that25
2219+provides coverage for reproductive health or gynecological care shall not26
2220+be delivered, issued, renewed, or reinstated unless the plan provides a27
2221+167
2222+-66- woman covered by the plan direct access to an obstetrician, a1
2223+gynecologist, a physician assistant authorized under section 12-240-1072
2224+(6), or an advanced practice registered nurse who is a certified nurse3
2225+midwife pursuant to section 12-255-111,
2226+OR A CERTIFIED MIDWIFE4
2227+LICENSED PURSUANT TO SECTION 12-255-111.5, participating and5
2228+available under the plan for her reproductive health care or gynecological6
2229+care.7
2230+SECTION 53. In Colorado Revised Statutes, 13-21-108.7,8
2231+amend (2)(b)(I)(A) as follows:9
2232+13-21-108.7. Persons rendering emergency assistance through10
2233+the administration of an opiate antagonist - limited immunity -11
2234+legislative declaration - definitions. (2) Definitions. As used in this12
2235+section, unless the context otherwise requires:13
2236+(b) (I) "Health-care provider" means:14
2237+(A) A licensed physician,
2238+AN advanced practice registered nurse,15
2239+OR A CERTIFIED MIDWIFE who has prescriptive authority pursuant to16
2240+section 12-255-112;
2241+A physician assistant; or A pharmacist; or17
2242+SECTION 54. In Colorado Revised Statutes, 13-21-115.5, add18
2243+(3)(c)(II)(E.5) as follows:19
2244+13-21-115.5. Volunteer service act - immunity - exception for20
2245+operation of motor vehicles - short title - legislative declaration -21
2246+definitions. (3) As used in this section, unless the context otherwise22
2247+requires:23
2248+(c) (II) "Volunteer" includes:24
2249+(E.5) A
2250+ CERTIFIED MIDWIFE GOVERNED BY THE "NURSE AND25
2251+N
2252+URSE AIDE PRACTICE ACT", ARTICLE 255 OF TITLE 12, PERFORMING26
2253+CERTIFIED MIDWIFE TASKS WITHIN THE SCOPE OF THE PERSON 'S CERTIFIED27
2254+167
2255+-67- MIDWIFE LICENSE AND PERFORMING PRACTICE AS A CERTIFIED MIDWIFE1
2256+UNDER AUTHORITY GRANTED BY THE STATE BOARD OF NURSING PURSUANT2
2257+TO SECTIONS 12-255-111.5 AND 12-255-112 AS A VOLUNTEER FOR A3
2258+NONPROFIT ORGANIZATION , A NONPROFIT CORPORATION , A4
2259+GOVERNMENTAL ENTITY , OR A HOSPITAL;5
2260+SECTION 55. In Colorado Revised Statutes, 25-1-802, amend6
2261+(1)(a) and (1)(b)(II) as follows:7
2262+25-1-802. Patient records in custody of individual health-care8
2263+providers. (1) (a) Every patient record in the custody of a podiatrist,9
2264+chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse,10
2265+CERTIFIED MIDWIFE, optometrist, occupational therapist, audiologist,11
2266+acupuncturist, direct-entry midwife, or physical therapist required to be12
2267+licensed under title 12; a naturopathic doctor required to be registered13
2268+pursuant to article 250 of title 12; or a person practicing psychotherapy14
2269+under article 245 of title 12, except records withheld in accordance with15
2270+45 CFR 164.524 (a), must be available to the patient or the patient's16
2271+personal representative upon submission of a valid authorization for17
2272+inspection of records, dated and signed by the patient, at reasonable times18
2273+and upon reasonable notice. A summary of records pertaining to a19
2274+patient's mental health problems may, upon written request accompanied20
2275+by a signed and dated authorization, be made available to the patient or21
2276+the patient's personal representative following termination of the22
2277+treatment program.23
2278+(b) (II) If a licensed health-care professional determines that a24
2279+copy of a radiographic study, including an X ray, mammogram, CT scan,25
2280+MRI, or other film, is not sufficient for diagnostic or other treatment26
2281+purposes, the podiatrist, chiropractor, dentist, doctor of medicine, doctor27
2282+167
2283+-68- of osteopathy, nurse, CERTIFIED MIDWIFE, optometrist, audiologist,1
2284+acupuncturist, direct-entry midwife, or physical therapist required to be2
2285+licensed under title 12, or, subject to the provisions of section 25-1-8013
2286+(1)(a) and subsection (1)(a) of this section, the person practicing4
2287+psychotherapy under article 245 of title 12, shall make the original of any5
2288+radiographic study available to the patient, the patient's personal6
2289+representative, a person authorized by the patient, or another health-care7
2290+professional or facility as specifically directed by the patient, personal8
2291+representative, authorized person, or health-care professional or facility9
2292+pursuant to a HIPAA-compliant authorization and upon the payment of10
2293+the reasonable fees for the radiographic study. If a practitioner releases an11
2294+original radiographic study pursuant to this subsection (1)(b)(II), the12
2295+practitioner is not responsible for any loss, damage, or other13
2296+consequences as a result of the release. Any original radiographic study14
2297+made available pursuant to this subsection (1)(b)(II) must be returned15
2298+upon request to the lending practitioner within thirty days.16
2299+SECTION 56. In Colorado Revised Statutes, 25-1-1202, amend17
2300+(1)(n) and (1)(q) as follows:18
2301+25-1-1202. Index of statutory sections regarding medical19
2302+record confidentiality and health information. (1) Statutory provisions20
2303+concerning policies, procedures, and references to the release, sharing,21
2304+and use of medical records and health information include the following:22
2305+(n) Section 12-30-204, concerning professional review23
2306+committees for physicians HEALTH-CARE PROVIDERS SPECIFIED IN PART 224
2307+OF ARTICLE 30 OF TITLE 12;25
2308+(q) Section 12-255-119, concerning disciplinary proceedings26
2309+against a practical nurse, a professional nurse,
2310+A CERTIFIED MIDWIFE, or27
2311+167
2312+-69- a psychiatric technician;1
2313+SECTION 57. In Colorado Revised Statutes, 25-3.5-207, amend2
2314+(1)(e) as follows:3
2315+25-3.5-207. Ability of certified or licensed emergency medical4
2316+service providers to work in clinical settings - restrictions -5
2317+definitions - rules. (1) As used in this section, unless the context6
2318+otherwise requires:7
2319+(e) "Medical supervisor" means a Colorado-licensed physician,8
2320+physician assistant, advanced practice registered nurse, or registered9
20192321 nurse,
2020-CERTIFIED MIDWIFE, prehospital emergency personnel, or health-care
2021-institution may provide consultation or education to the registrant without
2022-establishing a business or supervisory relationship, and is encouraged to
2023-accept referrals from registrants pursuant to this article 225.
2024-SECTION 43. In Colorado Revised Statutes, 12-240-107, amend
2025-(1) introductory portion, (1)(f)(I), (3)(j), and (3)(s) as follows:
2026-12-240-107. Practice of medicine defined - exemptions from
2027-licensing requirements - unauthorized practice by physician assistants
2028-and anesthesiologist assistants - penalties - definitions - rules - repeal.
2029-(1) For the purpose of
2030- AS USED IN this article 240, "practice of medicine"
2031-means:
2032-(f) The practice of midwifery, except:
2033-PAGE 47-SENATE BILL 23-167 (I) Services rendered by certified nurse-midwives OR CERTIFIED
2034-MIDWIVES
2035- properly licensed and practicing in accordance with theprovisions of part 1 of article 255 of this title 12; or
2036-(3) A person may engage in, and shall not be required to obtain a
2037-license or a physician training license under this article 240 with respect to,
2038-any of the following acts:
2039-(j) The rendering of nursing
2040-OR MIDWIFERY services and delegated
2041-medical functions by registered or other nurses
2042-OR CERTIFIED MIDWIVES in
2043-the lawful discharge of their duties;
2044-(s) (I) The rendering of prescriptions by an advanced practice
2045-registered nurse
2046-OR CERTIFIED MIDWIFE pursuant to section 12-255-112.
2047-(II) On or after July 1, 2010, a physician who serves as a preceptor
2048-or mentor to an advanced practice registered nurse
2049-OR CERTIFIED MIDWIFE
2050-pursuant to sections 12-240-108 and 12-255-112 (4) shall have a license in
2051-good standing without disciplinary sanctions to practice medicine in
2052-Colorado and an unrestricted registration by the federal drug enforcement
2053-administration for the same schedules as the collaborating advanced
2054-practice registered nurse
2055-OR CERTIFIED MIDWIFE.
2056-(III) It is unlawful and a violation of this article 240 for any person,
2057-corporation, or other entity to require payment or employment as a
2058-condition of entering into a mentorship relationship with the
2059- AN advanced
2060-practice registered nurse
2061-OR A CERTIFIED MIDWIFE pursuant to sections
2062-12-240-108 and 12-255-112 (4), but the mentor may request reimbursement
2063-of reasonable expenses and time spent as a result of the mentorship
2064-relationship.
2065-SECTION 44. In Colorado Revised Statutes, 12-240-108, amend
2066-(1) as follows:
2067-12-240-108. Collaboration with advanced practice registered
2068-nurses and certified midwives with prescriptive authority -
2069-mentorships. (1) (a) A physician licensed pursuant to this article 240 may,
2070-and is encouraged to, serve as a mentor to an advanced practice registered
2071-nurse
2072-OR A CERTIFIED MIDWIFE who is applying for prescriptive authority
2073-pursuant to section 12-255-112 (4). A physician who serves as a mentor to
2074-PAGE 48-SENATE BILL 23-167 an advanced practice registered nurse OR A CERTIFIED MIDWIFE seeking
2075-prescriptive authority shall:
2076-(I) Be practicing in Colorado and shall have education, training,
2077-experience, and active practice that corresponds with the role and
2078-population focus of the advanced practice registered nurse
2079-OR CERTIFIED
2080-MIDWIFE
2081-; and
2082-(II) Have a license in good standing without disciplinary sanctions
2083-to practice medicine in Colorado and an unrestricted registration by the
2084-federal drug enforcement administration for the same schedules as the
2085-advanced practice registered nurse
2086-OR CERTIFIED MIDWIFE.
2087-(b) A physician serving as a mentor to an advanced practice
2088-registered nurse
2089-OR A CERTIFIED MIDWIFE pursuant to section 12-255-112 (4)
2090-shall not require payment or employment as a condition of entering into the
2091-mentorship relationship, but the physician may request reimbursement of
2092-reasonable expenses and time spent as a result of the mentorship
2093-relationship.
2094-(c) Upon successful completion of a mentorship as described in
2095-section 12-255-112 (4)(b)(I), the physician shall verify by his or her
2096- THE
2097-PHYSICIAN
2098-'S signature that the advanced practice registered nurse OR
2099-CERTIFIED MIDWIFE
2100- has successfully completed the mentorship within the
2101-required period.
2102-SECTION 45. In Colorado Revised Statutes, 12-240-121, amend
2103-(1)(bb) as follows:
2104-12-240-121. Unprofessional conduct - definitions.
2105-(1) "Unprofessional conduct" as used in this article 240 means:
2106-(bb) Entering into or continuing in a mentorship relationship with
2107-an advanced practice registered nurse
2108-OR A CERTIFIED MIDWIFE pursuant to
2109-sections 12-240-108 and 12-255-112 (4) that fails to meet generally
2110-acceptable standards of medical practice;
2111-SECTION 46. In Colorado Revised Statutes, 12-240-139, amend
2112-(1)(b)(I) introductory portion, (1)(b)(I)(B), (1)(b)(I)(C), (1)(b)(II)(B),
2113-(1)(b)(III), and (1)(b)(V) introductory portion as follows:
2114-PAGE 49-SENATE BILL 23-167 12-240-139. Injuries to be reported - penalty for failure to report
2115-- immunity from liability - definitions. (1) (b) (I) When a licensee, or
2116-nurse, OR CERTIFIED MIDWIFE performs a medical forensic examination that
2117-includes the collection of evidence at the request of a victim of sexual
2118-assault, the licensee's, or
2119- nurse's, OR CERTIFIED MIDWIFE'S employing
2120-medical facility shall, with the consent of the victim of the sexual assault,
2121-make one of the following reports to law enforcement:
2122-(B) A medical report if a victim wishes to obtain a medical forensic
2123-examination with evidence collection but at the time of the medical forensic
2124-examination chooses not to participate in the criminal justice system. The
2125-licensee, or
2126- nurse, OR CERTIFIED MIDWIFE shall collect the evidence and
2127-victim-identifying information, and the employing medical facility shall
2128-release the evidence and information to law enforcement for testing in
2129-accordance with section 24-33.5-113 (1)(b)(III) and storage in accordance
2130-with section 18-3-407.5 (3)(c).
2131-(C) An anonymous report if a victim wishes to obtain a medical
2132-forensic examination with evidence collection but at the time of the medical
2133-forensic examination chooses not to have personal identifying information
2134-provided to law enforcement or to participate in the criminal justice system.
2135-The licensee, or
2136- nurse, OR CERTIFIED MIDWIFE shall collect the evidence, and
2137-the employing medical facility shall release it to law enforcement for
2138-storage in accordance with section 18-3-407.5 (3)(c). Law enforcement
2139-shall receive no identifying information for the victim. Law enforcement
2140-shall assign a unique identifying number to the evidence, and the licensee,
2141-or
2142- nurse, OR CERTIFIED MIDWIFE shall record the identifying number in the
2143-medical record and notify the victim that the identifying number is
2144-recorded. Additionally, the licensee, or
2145- nurse, OR CERTIFIED MIDWIFE shall
2146-provide the identifying number to the victim.
2147-(II) Nothing in this section:
2148-(B) Requires a licensee, nurse,
2149-CERTIFIED MIDWIFE, or medical
2150-facility to make a report to law enforcement concerning an alleged sexual
2151-assault if medical forensic evidence is not collected.
2152-(III) If the licensee's,
2153-NURSE'S, OR CERTIFIED MIDWIFE'S employing
2154-medical facility knows where the alleged sexual assault occurred, the
2155-facility shall make the report with the law enforcement agency in whose
2156-PAGE 50-SENATE BILL 23-167 jurisdiction the crime occurred regarding preservation of the evidence. If the
2157-medical facility does not know where the alleged sexual assault occurred,
2158-the facility shall make the report with its local law enforcement agency
2159-regarding preservation of the evidence.
2160-(V) A licensee, or
2161- nurse, OR CERTIFIED MIDWIFE who performs a
2162-medical forensic examination as described in subsection (1)(b)(I) of this
2163-section shall inform the victim:
2164-SECTION 47. In Colorado Revised Statutes, 12-245-220, amend
2165-(2)(b) as follows:
2166-12-245-220. Disclosure of confidential communications -
2167-definitions. (2) Subsection (1) of this section does not apply and a person
2168-may disclose confidential information when:
2169-(b) A licensee, registrant, or certificate holder was in consultation
2170-with a physician, registered professional nurse,
2171-CERTIFIED MIDWIFE,
2172-licensee, registrant, or certificate holder against whom a suit or complaint
2173-was filed based on the case out of which the suit or complaint arises;
2174-SECTION 48. In Colorado Revised Statutes, 12-250-106, amend
2175-(7) as follows:
2176-12-250-106. Practice of naturopathic medicine by naturopathic
2177-doctors - exclusions - protected activities - definition - rules. (7) As used
2178-in this section, "licensed pediatric health-care provider" means a licensed
2179-physician, or
2180- AN advanced practice registered nurse, OR A CERTIFIED
2181-MIDWIFE
2182- who treats children.
2183-SECTION 49. In Colorado Revised Statutes, 12-280-123, amend
2184-(1)(b) as follows:
2185-12-280-123. Prescription required - exception - dispensing opiate
2186-antagonists - selling nonprescription syringes and needles. (1) (b) A
2187-pharmacist who receives an order for a controlled substance that is included
2188-in schedule II, III, or IV from a podiatrist, dentist, physician, physician
2189-assistant, advanced practice registered nurse,
2190-CERTIFIED MIDWIFE, or
2191-optometrist, which order is not transmitted electronically to the pharmacist,
2192-is not required to verify the applicability of an exception to electronic
2193-PAGE 51-SENATE BILL 23-167 prescribing of controlled substances under section 12-30-111 and may
2194-dispense the controlled substance pursuant to a written, oral, or
2195-facsimile-transmitted order that is otherwise valid and consistent with the
2196-requirements of current law.
2197-SECTION 50. In Colorado Revised Statutes, 12-280-125.7, amend
2198-(1)(f)(II) as follows:
2199-12-280-125.7. Pharmacists' authority to prescribe and dispense
2200-HIV infection prevention drugs - definitions - rules. (1) As used in this
2201-section:
2202-(f) "Prescriber" means:
2203-(II) An advanced practice registered nurse, as defined in section
2204-12-255-104 (1),
2205-OR A CERTIFIED MIDWIFE , AS DEFINED IN SECTION
2206-12-255-104 (3.2), with prescriptive authority pursuant to section
2207-12-255-112.
2208-SECTION 51. In Colorado Revised Statutes, 12-300-104, amend
2209-(3)(c), (3)(d)(II), and (3)(e) as follows:
2210-12-300-104. Definitions. As used in this article 300, unless the
2211-context otherwise requires:
2212-(3) "Respiratory therapy" means providing therapy, management,
2213-rehabilitation, support services for diagnostic evaluation, and care of
2214-patients with deficiencies and abnormalities that affect the pulmonary
2215-system under the overall direction of a medical director. Respiratory therapy
2216-includes the following:
2217-(c) Direct and indirect respiratory care services, including but notlimited to the administration of pharmacological, diagnostic, and therapeutic
2218-agents related to respiratory care procedures necessary to implement a
2219-treatment, disease prevention, and pulmonary rehabilitative or diagnostic
2220-regimen prescribed by a physician, or
2221- AN advanced practice registered
2322+OR CERTIFIED MIDWIFE.10
2323+SECTION 58. In Colorado Revised Statutes, 25-4-1709, amend11
2324+(5) as follows:12
2325+25-4-1709. Limitations on liability. (5) A practitioner licensed13
2326+to practice medicine pursuant to article 240 of title 12 or
2327+LICENSED TO14
2328+PRACTICE nursing OR AS A CERTIFIED MIDWIFE pursuant to part 1 of article15
2329+255 of title 12 or the health-care clinic, hospital, office of a private16
2330+practitioner, or county public health clinic at which the immunization was17
2331+administered that relies on the health history and other information given18
2332+by a person who has been delegated the authority to consent to the19
2333+immunization of a minor pursuant to section 25-4-1704 (2.5) is not liable20
2334+for damages related to an immunization resulting from factual errors in21
2335+the health history or information given to the practitioner or the22
2336+health-care clinic, hospital, office of a private practitioner, or county23
2337+public health clinic at which the immunization was administered by the24
2338+person when such practitioner or health-care clinic, hospital, office of a25
2339+private practitioner, or county public health clinic reasonably relies upon26
2340+the health history information given and exercises reasonable and prudent27
2341+167
2342+-70- care in administering the immunization.1
2343+SECTION 59. In Colorado Revised Statutes, 25-4-2403, amend2
2344+(8) as follows:3
2345+25-4-2403. Department of public health and environment -4
2346+powers and duties - immunization tracking system - rules -5
2347+definitions. (8) A person licensed to practice medicine pursuant to article6
2348+240 of title 12; a person licensed to practice nursing
2349+OR AS A CERTIFIED7
2350+MIDWIFE pursuant to part 1 of article 255 of title 12; any other licensed8
2351+health-care practitioner as defined in section 25-4-1703; providers of9
2352+county nursing services; staff members of health-care clinics, hospitals,10
2353+and offices of private practitioners; county, district, and municipal public11
2354+health agencies; and all persons and entities listed in subsection (2) of this12
2355+section are authorized to report to the immunization tracking system and13
2356+to use the reminder and recall process established by the immunization14
2357+tracking system.15
2358+SECTION 60. In Colorado Revised Statutes, amend 25-6-203 as16
2359+follows:17
2360+25-6-203. Extent of services. Family planning and birth control18
2361+services shall include: Interview with trained personnel; distribution of19
2362+literature; referral to a licensed physician, or
2363+ AN advanced practice20
2364+registered nurse,
2365+OR A CERTIFIED MIDWIFE for consultation, examination,21
2366+tests, medical treatment, and prescription; and, to the extent so prescribed,22
2367+the distribution of rhythm charts, drugs, medical preparations,23
2368+contraceptive devices, and similar products.24
2369+SECTION 61. In Colorado Revised Statutes, 25-37-102, amend25
2370+the introductory portion and (7) as follows:26
2371+25-37-102. Definitions. As used in this article
2372+ ARTICLE 37, unless27
2373+167
2374+-71- the context otherwise requires:1
2375+(7) "Health-care provider" means a person licensed or certified in2
2376+this state to practice medicine, pharmacy, chiropractic, nursing, physical3
2377+therapy, podiatry, dentistry, optometry, occupational therapy;
2378+TO4
2379+PRACTICE AS A CERTIFIED MIDWIFE; or TO PRACTICE other healing arts.5
2380+"Health-care provider" also means an ambulatory surgical center, a6
2381+licensed pharmacy or provider of pharmacy services, and a professional7
2382+corporation or other corporate entity consisting of licensed health-care8
2383+providers as permitted by the laws of this state.9
2384+SECTION 62. In Colorado Revised Statutes, 25.5-4-412, amend10
2385+(5) as follows:11
2386+25.5-4-412. Family planning services - family-planning-related12
2387+services - rules - definitions. (5) Any recipient may obtain family13
2388+planning services or family-planning-related services from any licensed14
2389+health-care provider, including but not limited to
2390+ a doctor of medicine,15
2391+doctor of osteopathy, physician assistant, or advanced practice registered16
22222392 nurse,
2223-OR A CERTIFIED MIDWIFE;
2224-(d) Observation and monitoring of signs, symptoms, reactions,
2225-general behavior, and general physical response to respiratory care
2226-PAGE 52-SENATE BILL 23-167 treatment and diagnostic testing for:
2227-(II) The implementation based on observed abnormalities of
2228-appropriate reporting, referral, or respiratory care protocols or changes in
2229-treatment regimen pursuant to a prescription by a physician, or
2230- AN advanced
2231-practice registered nurse,
2232-OR A CERTIFIED MIDWIFE or the initiation of
2233-emergency procedures;
2234-(e) The diagnostic and therapeutic use of the following in
2235-accordance with the prescription of a physician, or
2236- AN advanced practice
2237-registered nurse,
2238-OR A CERTIFIED MIDWIFE: Administration of medical gases,
2239-exclusive of general anesthesia; aerosols; humidification; environmental
2240-control systems and biomedical therapy; pharmacologic agents related to
2241-respiratory care procedures; mechanical or physiological ventilatory
2242-support; bronchopulmonary hygiene; respiratory protocol and evaluation;
2243-cardiopulmonary resuscitation; maintenance of the natural airways;
2244-insertion and maintenance of artificial airways; diagnostic and testing
2245-techniques required for implementation of respiratory care protocols;
2246-collection of specimens from the respiratory tract; or analysis of blood gases
2247-and respiratory secretions and participation in cardiopulmonary research;
2248-and
2249-SECTION 52. In Colorado Revised Statutes, 10-16-139, amend (1)
2250-as follows:
2251-10-16-139. Access to care - rules - definitions. (1) Access to
2252-obstetricians and gynecologists. A health benefit plan that is delivered,
2253-issued, renewed, or reinstated in this state on or after January 1, 2014, that
2254-provides coverage for reproductive health or gynecological care shall not
2255-be delivered, issued, renewed, or reinstated unless the plan provides a
2256-woman covered by the plan direct access to an obstetrician, a gynecologist,
2257-a physician assistant authorized under section 12-240-107 (6), or
2258- an
2259-advanced practice registered nurse who is a certified nurse midwife
2260-pursuant to section 12-255-111,
2261-OR A CERTIFIED MIDWIFE LICENSED
2262-PURSUANT TO SECTION
2263-12-255-111.5, participating and available under the
2264-plan for her reproductive health care or gynecological care.
2265-SECTION 53. In Colorado Revised Statutes, 13-21-108.7, amend
2266-(2)(b)(I)(A) as follows:
2267-PAGE 53-SENATE BILL 23-167 13-21-108.7. Persons rendering emergency assistance through
2268-the administration of an opiate antagonist - limited immunity -
2269-legislative declaration - definitions. (2) Definitions. As used in this
2270-section, unless the context otherwise requires:
2271-(b) (I) "Health-care provider" means:
2272-(A) A licensed physician,
2273-AN advanced practice registered nurse, OR
2274-A CERTIFIED MIDWIFE
2275- who has prescriptive authority pursuant to section
2276-12-255-112;
2277-A physician assistant; or A pharmacist; or
2278-SECTION 54. In Colorado Revised Statutes, 13-21-115.5, add
2279-(3)(c)(II)(E.5) as follows:
2280-13-21-115.5. Volunteer service act - immunity - exception for
2281-operation of motor vehicles - short title - legislative declaration -
2282-definitions. (3) As used in this section, unless the context otherwise
2283-requires:
2284-(c) (II) "Volunteer" includes:
2285-(E.5) A
2286- CERTIFIED MIDWIFE GOVERNED BY THE "NURSE AND NURSE
2287-AIDE PRACTICE ACT", ARTICLE 255 OF TITLE 12, PERFORMING CERTIFIED
2288-MIDWIFE TASKS WITHIN THE SCOPE OF THE PERSON
2289-'S CERTIFIED MIDWIFE
2290-LICENSE AND PERFORMING PRACTICE AS A CERTIFIED MIDWIFE UNDER
2291-AUTHORITY GRANTED BY THE STATE BOARD OF NURSING PURSUANT TO
2292-SECTIONS
2293-12-255-111.5 AND 12-255-112 AS A VOLUNTEER FOR A NONPROFIT
2294-ORGANIZATION
2295-, A NONPROFIT CORPORATION, A GOVERNMENTAL ENTITY, OR
2296-A HOSPITAL
2297-;
2298-SECTION 55. In Colorado Revised Statutes, 25-1-802, amend
2299-(1)(a) and (1)(b)(II) as follows:
2300-25-1-802. Patient records in custody of individual health-care
2301-providers. (1) (a) Every patient record in the custody of a podiatrist,
2302-chiropractor, dentist, doctor of medicine, doctor of osteopathy, nurse,
2303-CERTIFIED MIDWIFE, optometrist, occupational therapist, audiologist,
2304-acupuncturist, direct-entry midwife, or physical therapist required to be
2305-licensed under title 12; a naturopathic doctor required to be registered
2306-pursuant to article 250 of title 12; or a person practicing psychotherapy
2307-PAGE 54-SENATE BILL 23-167 under article 245 of title 12, except records withheld in accordance with 45
2308-CFR 164.524 (a), must be available to the patient or the patient's personal
2309-representative upon submission of a valid authorization for inspection of
2310-records, dated and signed by the patient, at reasonable times and upon
2311-reasonable notice. A summary of records pertaining to a patient's mental
2312-health problems may, upon written request accompanied by a signed and
2313-dated authorization, be made available to the patient or the patient's
2314-personal representative following termination of the treatment program.
2315-(b) (II) If a licensed health-care professional determines that a copy
2316-of a radiographic study, including an X ray, mammogram, CT scan, MRI,
2317-or other film, is not sufficient for diagnostic or other treatment purposes, the
2318-podiatrist, chiropractor, dentist, doctor of medicine, doctor of osteopathy,
2393+OR CERTIFIED MIDWIFE who provides such services. The enrollment17
2394+of a recipient in a managed care organization, or a similar entity, does not18
2395+restrict a recipient's choice of the licensed provider from whom the19
2396+recipient may receive those services.20
2397+SECTION 63. In Colorado Revised Statutes, 25.5-10-204,21
2398+amend (2)(j)(III) and (2)(j)(IV) as follows:22
2399+25.5-10-204. Duties of the executive director - state board23
2400+rules - definitions - repeal. (2) The state board shall adopt such rules,24
2401+in accordance with section 24-4-103, as are necessary to carry out the25
2402+provisions and purposes of this article 10, including but not limited to the26
2403+following subjects:27
2404+167
2405+-72- (j) (III) A person who is not otherwise authorized by law to1
2406+administer nutrition and fluids through gastrostomy tubes is allowed to2
2407+perform the duties only under the supervision of a licensed nurse,
2408+A3
2409+LICENSED CERTIFIED MIDWIFE, or A LICENSED physician. A person who4
2410+administers nutrition and fluids in compliance with the provisions of
2411+ this5
2412+subsection (2)(j) is exempt from the licensing requirements of the6
2413+"Colorado Medical Practice Act", article 240 of title 12, and the "Nurse7
2414+and Nurse Aide Practice Act", article 255 of title 12. Nothing in this8
2415+subsection (2)(j) shall be deemed to authorize the administration of9
2416+medications through gastrostomy tubes. A person administering10
2417+medications through gastrostomy tubes is subject to the requirements of11
2418+part 3 of article 1.5 of title 25.12
2419+(IV) For purposes of this paragraph (j), AS USED IN THIS13
2420+SUBSECTION (2)(j):14
2421+(A) "Administration" means assisting a person in the ingestion of15
2422+nutrition or fluids according to the direction and supervision of a licensed16
23192423 nurse,
2320-CERTIFIED MIDWIFE, optometrist, audiologist, acupuncturist,
2321-direct-entry midwife, or physical therapist required to be licensed under title
2322-12, or, subject to the provisions of section 25-1-801 (1)(a) and subsection
2323-(1)(a) of this section, the person practicing psychotherapy under article 245
2324-of title 12, shall make the original of any radiographic study available to the
2325-patient, the patient's personal representative, a person authorized by the
2326-patient, or another health-care professional or facility as specifically
2327-directed by the patient, personal representative, authorized person, or
2328-health-care professional or facility pursuant to a HIPAA-compliant
2329-authorization and upon the payment of the reasonable fees for the
2330-radiographic study. If a practitioner releases an original radiographic study
2331-pursuant to this subsection (1)(b)(II), the practitioner is not responsible for
2332-any loss, damage, or other consequences as a result of the release. Any
2333-original radiographic study made available pursuant to this subsection
2334-(1)(b)(II) must be returned upon request to the lending practitioner within
2335-thirty days.
2336-SECTION 56. In Colorado Revised Statutes, 25-1-1202, amend
2337-(1)(n) and (1)(q) as follows:
2338-25-1-1202. Index of statutory sections regarding medical record
2339-confidentiality and health information. (1) Statutory provisions
2340-concerning policies, procedures, and references to the release, sharing, and
2341-use of medical records and health information include the following:
2342-(n) Section 12-30-204, concerning professional review committees
2343-for physicians
2344- HEALTH-CARE PROVIDERS SPECIFIED IN PART 2 OF ARTICLE 30
2345-PAGE 55-SENATE BILL 23-167 OF TITLE 12;
2346-(q) Section 12-255-119, concerning disciplinary proceedings against
2347-a practical nurse, a professional nurse,
2348-A CERTIFIED MIDWIFE, or a
2349-psychiatric technician;
2350-SECTION 57. In Colorado Revised Statutes, 25-3.5-207, amend
2351-(1)(e) as follows:
2352-25-3.5-207. Ability of certified or licensed emergency medical
2353-service providers to work in clinical settings - restrictions - definitions
2354-- rules. (1) As used in this section, unless the context otherwise requires:
2355-(e) "Medical supervisor" means a Colorado-licensed physician,
2356-physician assistant, advanced practice registered nurse, or
2357- registered nurse,
2358-OR CERTIFIED MIDWIFE.
2359-SECTION 58. In Colorado Revised Statutes, 25-4-1709, amend (5)
2360-as follows:
2361-25-4-1709. Limitations on liability. (5) A practitioner licensed to
2362-practice medicine pursuant to article 240 of title 12 or
2363-LICENSED TO
2364-PRACTICE
2365- nursing OR AS A CERTIFIED MIDWIFE pursuant to part 1 of article
2366-255 of title 12 or the health-care clinic, hospital, office of a private
2367-practitioner, or county public health clinic at which the immunization was
2368-administered that relies on the health history and other information given by
2369-a person who has been delegated the authority to consent to the
2370-immunization of a minor pursuant to section 25-4-1704 (2.5) is not liable
2371-for damages related to an immunization resulting from factual errors in the
2372-health history or information given to the practitioner or the health-care
2373-clinic, hospital, office of a private practitioner, or county public health
2374-clinic at which the immunization was administered by the person when such
2375-practitioner or health-care clinic, hospital, office of a private practitioner,
2376-or county public health clinic reasonably relies upon the health history
2377-information given and exercises reasonable and prudent care in
2378-administering the immunization.
2379-SECTION 59. In Colorado Revised Statutes, 25-4-2403, amend (8)
2380-as follows:
2381-PAGE 56-SENATE BILL 23-167 25-4-2403. Department of public health and environment -
2382-powers and duties - immunization tracking system - rules - definitions.
2383-(8) A person licensed to practice medicine pursuant to article 240 of title
2384-12; a person licensed to practice nursing
2385-OR AS A CERTIFIED MIDWIFE
2386-pursuant to part 1 of article 255 of title 12; any other licensed health-care
2387-practitioner as defined in section 25-4-1703; providers of county nursing
2388-services; staff members of health-care clinics, hospitals, and offices of
2389-private practitioners; county, district, and municipal public health agencies;
2390-and all persons and entities listed in subsection (2) of this section are
2391-authorized to report to the immunization tracking system and to use the
2392-reminder and recall process established by the immunization tracking
2393-system.
2394-SECTION 60. In Colorado Revised Statutes, amend 25-6-203 as
2395-follows:
2396-25-6-203. Extent of services. Family planning and birth control
2397-services shall include: Interview with trained personnel; distribution of
2398-literature; referral to a licensed physician, or
2399- AN advanced practice
2400-registered nurse,
2401-OR A CERTIFIED MIDWIFE for consultation, examination,
2402-tests, medical treatment, and prescription; and, to the extent so prescribed,
2403-the distribution of rhythm charts, drugs, medical preparations, contraceptive
2404-devices, and similar products.
2405-SECTION 61. In Colorado Revised Statutes, 25-37-102, amend the
2406-introductory portion and (7) as follows:
2407-25-37-102. Definitions. As used in this article
2408- ARTICLE 37, unless
2409-the context otherwise requires:
2410-(7) "Health-care provider" means a person licensed or certified in
2411-this state to practice medicine, pharmacy, chiropractic, nursing, physical
2412-therapy, podiatry, dentistry, optometry, occupational therapy;
2413-TO PRACTICE
2414-AS A CERTIFIED MIDWIFE
2415-; or TO PRACTICE other healing arts. "Health-care
2416-provider" also means an ambulatory surgical center, a licensed pharmacy or
2417-provider of pharmacy services, and a professional corporation or other
2418-corporate entity consisting of licensed health-care providers as permitted by
2419-the laws of this state.
2420-SECTION 62. In Colorado Revised Statutes, 25.5-4-412, amend
2421-PAGE 57-SENATE BILL 23-167 (5) as follows:
2422-25.5-4-412. Family planning services - family-planning-related
2423-services - rules - definitions. (5) Any recipient may obtain family planning
2424-services or family-planning-related services from any licensed health-care
2425-provider, including but not limited to
2426- a doctor of medicine, doctor of
2427-osteopathy, physician assistant, or advanced practice registered nurse, OR
2428-CERTIFIED MIDWIFE
2429- who provides such services. The enrollment of a
2430-recipient in a managed care organization, or a similar entity, does not
2431-restrict a recipient's choice of the licensed provider from whom the recipient
2432-may receive those services.
2433-SECTION 63. In Colorado Revised Statutes, 25.5-10-204, amend
2434-(2)(j)(III) and (2)(j)(IV) as follows:
2435-25.5-10-204. Duties of the executive director - state board rules
2436-- definitions - repeal. (2) The state board shall adopt such rules, in
2437-accordance with section 24-4-103, as are necessary to carry out the
2438-provisions and purposes of this article 10, including but not limited to the
2439-following subjects:
2440-(j) (III) A person who is not otherwise authorized by law to
2441-administer nutrition and fluids through gastrostomy tubes is allowed to
2424+A LICENSED CERTIFIED MIDWIFE, or A LICENSED physician.17
2425+(B) "C
2426+ERTIFIED MIDWIFE" HAS THE SAME MEANING AS SET FORTH18
2427+IN SECTION 12-255-104 (3.2).19
2428+SECTION 64. In Colorado Revised Statutes, 27-10.5-103,20
2429+amend (2)(i)(III) and (2)(i)(IV) as follows:21
2430+27-10.5-103. Duties of the executive director - rules -22
2431+definitions. (2) In accordance with section 24-4-103, and in coordination23
2432+with the requirements of article 10 of title 25.5, the department shall24
2433+adopt such rules as are necessary to carry out the provisions and purposes25
2434+of this article 10.5, including but not limited to the following:26
2435+(i) (III) A person who is not otherwise authorized by law to27
2436+167
2437+-73- administer nutrition and fluids through gastrostomy tubes is allowed to1
24422438 perform the duties only under the supervision of a licensed nurse,
2443-A
2444-LICENSED CERTIFIED MIDWIFE
2445-, or A LICENSED physician. A person who
2439+A2
2440+LICENSED CERTIFIED MIDWIFE, or A LICENSED physician. A person who3
24462441 administers nutrition and fluids in compliance with the provisions of
2447- this
2448-subsection (2)(j) is exempt from the licensing requirements of the
2449-"Colorado Medical Practice Act", article 240 of title 12, and the "Nurse and
2450-Nurse Aide Practice Act", article 255 of title 12. Nothing in this subsection
2451-(2)(j) shall be deemed to authorize the administration of medications
2452-through gastrostomy tubes. A person administering medications through
2453-gastrostomy tubes is subject to the requirements of part 3 of article 1.5 of
2454-title 25.
2455-(IV) For purposes of this paragraph (j),
2456- AS USED IN THIS SUBSECTION
2457-(2)(j):
2458-(A) "Administration" means assisting a person in the ingestion of
2459-nutrition or fluids according to the direction and supervision of a licensed
2442+ this4
2443+subsection (2)(i) is exempt from the licensing requirements of the5
2444+"Colorado Medical Practice Act", article 240 of title 12, and the "Nurse6
2445+and Nurse Aide Practice Act", article 255 of title 12. Nothing in this7
2446+subsection (2)(i) shall be deemed to authorize the administration of8
2447+medications through gastrostomy tubes. A person administering9
2448+medications through gastrostomy tubes is subject to the requirements of10
2449+part 3 of article 1.5 of title 25.11
2450+(IV) For purposes of this paragraph (i), AS USED IN THIS12
2451+SUBSECTION (2)(i):13
2452+(A) "Administration" means assisting a person in the ingestion of14
2453+nutrition or fluids according to the direction and supervision of a licensed15
24602454 nurse,
2461-A LICENSED CERTIFIED MIDWIFE, or A LICENSED physician.
2462-PAGE 58-SENATE BILL 23-167 (B) "CERTIFIED MIDWIFE" HAS THE SAME MEANING AS SET FORTH IN
2463-SECTION
2464-12-255-104 (3.2).
2465-SECTION 64. In Colorado Revised Statutes, 27-10.5-103, amend
2466-(2)(i)(III) and (2)(i)(IV) as follows:
2467-27-10.5-103. Duties of the executive director - rules - definitions.
2468-(2) In accordance with section 24-4-103, and in coordination with the
2469-requirements of article 10 of title 25.5, the department shall adopt such rules
2470-as are necessary to carry out the provisions and purposes of this article 10.5,
2471-including but not limited to the following:
2472-(i) (III) A person who is not otherwise authorized by law to
2473-administer nutrition and fluids through gastrostomy tubes is allowed to
2474-perform the duties only under the supervision of a licensed nurse,
2475-A
2476-LICENSED CERTIFIED MIDWIFE
2477-, or A LICENSED physician. A person who
2478-administers nutrition and fluids in compliance with the provisions of
2479- this
2480-subsection (2)(i) is exempt from the licensing requirements of the
2481-"Colorado Medical Practice Act", article 240 of title 12, and the "Nurse and
2482-Nurse Aide Practice Act", article 255 of title 12. Nothing in this subsection
2483-(2)(i) shall be deemed to authorize the administration of medications
2484-through gastrostomy tubes. A person administering medications through
2485-gastrostomy tubes is subject to the requirements of part 3 of article 1.5 of
2486-title 25.
2487-(IV) For purposes of this paragraph (i),
2488- AS USED IN THIS SUBSECTION
2489-(2)(i):
2490-(A) "Administration" means assisting a person in the ingestion of
2491-nutrition or fluids according to the direction and supervision of a licensed
2492-nurse,
2493-A LICENSED CERTIFIED MIDWIFE, or A LICENSED physician.
2455+A LICENSED CERTIFIED MIDWIFE, or A LICENSED physician.16
24942456 (B) "C
2495-ERTIFIED MIDWIFE" HAS THE SAME MEANING AS SET FORTH IN
2496-SECTION
2497-12-255-104 (3.2).
2498-SECTION 65. In Colorado Revised Statutes, 27-81-118, amend
2499-(2)(a)(I)(C) as follows:
2500-27-81-118. Opioid crisis recovery funds advisory committee -
2501-creation - membership - purpose. (2) (a) The committee consists of
2502-PAGE 59-SENATE BILL 23-167 members appointed as follows:
2503-(I) Thirteen members appointed by the governor, including:
2457+ERTIFIED MIDWIFE" HAS THE SAME MEANING AS SET FORTH17
2458+IN SECTION 12-255-104 (3.2).18
2459+SECTION 65. In Colorado Revised Statutes, 27-81-118, amend19
2460+(2)(a)(I)(C) as follows:20
2461+27-81-118. Opioid crisis recovery funds advisory committee -21
2462+creation - membership - purpose. (2) (a) The committee consists of22
2463+members appointed as follows:23
2464+(I) Thirteen members appointed by the governor, including:24
25042465 (C) One member licensed to practice as a nurse
2505-OR AS A CERTIFIED
2506-MIDWIFE
2507- pursuant to part 1 of article 255 of title 12;
2508-SECTION 66. In Colorado Revised Statutes, 27-82-202, amend (2)
2509-as follows:
2510-27-82-202. Definitions. As used in this part 2, unless the context
2511-otherwise requires:
2512-(2) "Licensed health-care provider" means a physician or physician
2513-assistant licensed pursuant to article 240 of title 12 or a nurse
2514-OR CERTIFIED
2515-MIDWIFE
2516- licensed pursuant to part 1 of article 255 of title 12.
2517-SECTION 67. In Colorado Revised Statutes, 38-12-401, amend (4)
2518-as follows:
2519-38-12-401. Definitions. As used in this part 4, unless the context
2520-otherwise requires:
2521-(4) "Medical professional" means a person licensed to practice
2466+OR AS A CERTIFIED25
2467+MIDWIFE pursuant to part 1 of article 255 of title 12;26
2468+SECTION 66. In Colorado Revised Statutes, 27-82-202, amend27
2469+167
2470+-74- (2) as follows:1
2471+27-82-202. Definitions. As used in this part 2, unless the context2
2472+otherwise requires:3
2473+(2) "Licensed health-care provider" means a physician or4
2474+physician assistant licensed pursuant to article 240 of title 12 or a nurse5
2475+OR CERTIFIED MIDWIFE licensed pursuant to part 1 of article 255 of title6
2476+12.7
2477+SECTION 67. In Colorado Revised Statutes, 38-12-401, amend8
2478+(4) as follows:9
2479+38-12-401. Definitions. As used in this part 4, unless the context10
2480+otherwise requires:11
2481+(4) "Medical professional" means a person licensed to practice12
25222482 medicine pursuant to article 240 of title 12 or
2523-TO PRACTICE NURSING OR AS
2524-A CERTIFIED MIDWIFE PURSUANT TO
2525- part 1 of article 255 of title 12.
2483+TO PRACTICE NURSING OR13
2484+AS A CERTIFIED MIDWIFE PURSUANT TO part 1 of article 255 of title 12.14
25262485 SECTION 68. Appropriation. For the 2023-24 state fiscal year,
2527-$15,393 is appropriated to the department of public health and environment
2528-for use by the health facilities and emergency medical services division.
2529-This appropriation is from the general fund and is based on an assumption
2530-that the division will require an additional 0.2 FTE. To implement this act,
2531-the division may use this appropriation for administration and operations
2532-related to operations management.
2533-SECTION 69. Effective date. This act takes effect upon passage;
2534-except that section 12-255-105, Colorado Revised Statues, as amended in
2535-section 3 of this act, takes effect July 1, 2024.
2536-SECTION 70. Safety clause. The general assembly hereby finds,
2537-PAGE 60-SENATE BILL 23-167 determines, and declares that this act is necessary for the immediate
2538-preservation of the public peace, health, or safety.
2539-____________________________ ____________________________
2540-Steve Fenberg
2541-Julie McCluskie
2542-PRESIDENT OF SPEAKER OF THE HOUSE
2543-THE SENATE OF REPRESENTATIVES
2544-____________________________ ____________________________
2545-Cindi L. Markwell Robin Jones
2546-SECRETARY OF CHIEF CLERK OF THE HOUSE
2547-THE SENATE OF REPRESENTATIVES
2548- APPROVED________________________________________
2549- (Date and Time)
2550- _________________________________________
2551- Jared S. Polis
2552- GOVERNOR OF THE STATE OF COLORADO
2553-PAGE 61-SENATE BILL 23-167
2486+15
2487+$15,393 is appropriated to the department of public health and16
2488+environment for use by the health facilities and emergency medical17
2489+services division. This appropriation is from the general fund and is based18
2490+on an assumption that the division will require an additional 0.2 FTE. To19
2491+implement this act, the division may use this appropriation for20
2492+administration and operations related to operations management.21
2493+SECTION 69. Effective date. This act takes effect upon passage;22
2494+except that section 12-255-105, Colorado Revised Statues, as amended23
2495+in section 3 of this act, takes effect July 1, 2024.24
2496+SECTION 70. Safety clause. The general assembly hereby finds,25
2497+determines, and declares that this act is necessary for the immediate26
2498+preservation of the public peace, health, or safety.27
2499+167
2500+-75-