HOUSE BILL 24-1153
BY REPRESENTATIVE(S) Garcia and Willford, Bacon, Brown, Jodeh,
Joseph, Mabrey, Parenti, Story, deGruy Kennedy, Duran, Epps, Hernandez,
Kipp, Lindsay, Ortiz, Ricks, Velasco, Vigil;
also SENATOR(S) Cutter and Jaquez Lewis, Buckner, Fields, Hansen,
Marchman, Priola.
C
ONCERNING CONTINUING EDUCATION REQUIREMENTS FOR PHYSICIANS .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-240-130, amend (1)
and (2)(a); repeal (3); and add (5) and (6) as follows:
12-240-130. Renewal, reinstatement, reactivation - delinquency
- fees - questionnaire. (1) All licenses issued pursuant to this article 240
are subject to the renewal, expiration, reinstatement, and delinquency fee
provisions specified in section 12-20-202 (1) and (2). The director shall
increase renewal fees consistent with section 12-30-105 (4) to fund COVER
the division's costs in administering and staffing the nurse-physician advisory task force for Colorado health care created in section 12-30-105 (1)
AND ANY ADDITIONAL COSTS ASSOCIATED WITH IMPLEMENTING
CONTINUING EDUCATION REQUIREMENTS FOR PHYSICIANS PURSUANT TO
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. SECTION 12-240-130.5. A person whose license has expired shall be IS
subject to the penalties provided in this article 240 or section 12-20-202 (1).
(2) (a) The board shall design a questionnaire to accompany the
renewal form for the purpose of determining whether a licensee has acted
in violation of this article 240, or has been disciplined for any action that
might be considered a violation of this article 240 or that might make the
licensee unfit to practice medicine with reasonable care and safety. The
board shall include on the questionnaire a question regarding whether:
(I) The licensee has complied with section 12-30-111; and
(II) The licensee is in compliance with section 12-280-403 (2)(a)
and is aware of the penalties for failing to comply with that section;
(III) T
HE LICENSEE IS IN COMPLIANCE WITH SECTION 12-30-114; AND
(IV) THE LICENSEE IS IN COMPLIANCE WITH SECTION 12-240-130.5
RELATING TO REQUIRED CONTINUING MEDICAL EDUCATION AND IS AWARE OF
THE PENALTIES FOR FAILING TO COMPLY WITH THAT SECTION
.
(3) Applicants for relicensure shall not be required to attend and
complete continuing medical education programs, except as directed by the
board to correct deficiencies of training or education as directed under
section 12-240-125 (5)(c)(III)(B).
(5) ON AND AFTER OCTOBER 1, 2022, AS A CONDITION OF RENEWAL,
REINSTATEMENT, OR REACTIVATION OF A LICENSE , EACH LICENSEE OR
APPLICANT SHALL ATTEST THAT THE LICENSEE OR APPLICANT IS IN
COMPLIANCE WITH SECTION
12-30-114 AND THAT THE LICENSEE OR
APPLICANT IS AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT
SECTION
.
(6) O
N AND AFTER JANUARY 1, 2026, AS A CONDITION OF RENEWAL,
REINSTATEMENT, OR REACTIVATION OF A LICENSE , EACH LICENSEE OR
APPLICANT SHALL ATTEST THAT THE LICENSEE OR APPLICANT IS IN
COMPLIANCE WITH SECTION
12-240-130.5 AND THAT THE LICENSEE OR
APPLICANT IS AWARE OF THE PENALTIES FOR NONCOMPLIANCE WITH THAT
SECTION
.
PAGE 2-HOUSE BILL 24-1153 SECTION 2. In Colorado Revised Statutes, 12-240-106, amend
(1)(b) and (1)(c); and add (1)(d) as follows:
12-240-106. Powers and duties of board - limitation on authority
- rules. (1) In addition to all other powers and duties conferred and
imposed upon the board by this article 240, the board has the following
powers and duties to:
(b) Make investigations, hold hearings, and take evidence in
accordance with section 12-20-403 in all matters relating to the exercise and
performance of the powers and duties vested in the board; and
(c) Aid law enforcement in the enforcement of this article 240 and
in the prosecution of all persons, firms, associations, or corporations
charged with the violation of any of its provisions;
AND
(d) ADOPT RULES AS NECESSARY IN ACCORDANCE WITH SECTION
12-240-130.5 TO IMPLEMENT THE REQUIREMENT FOR CONTINUING MEDICAL
EDUCATION FOR PHYSICIANS
.
SECTION 3. In Colorado Revised Statutes, 12-240-121, add (1)(ii)
as follows:
12-240-121. Unprofessional conduct - definitions.
(1) "Unprofessional conduct" as used in this article 240 means:
(ii) F
AILING, WITHOUT REASONABLE CAUSE , TO COMPLY WITH THE
CONTINUING MEDICAL EDUCATION REQUIREMENT ESTABLISHED IN SECTION
12-240-130.5 OR TO PROVIDE THE REQUIRED EVIDENCE OF COMPLETION OF
CONTINUING MEDICAL EDUCATION CREDIT HOURS IN RESPONSE TO AN AUDIT
BY THE BOARD PURSUANT TO SECTION
12-240-130.5 (8).
SECTION 4. In Colorado Revised Statutes, add 12-240-130.5 as
follows:
12-240-130.5. Continuing medical education - requirement -
compliance - legislative declaration - rules - definitions. (1) (a) T
HE
GENERAL ASSEMBLY FINDS AND DECLARES THAT
:
(I) M
EDICAL KNOWLEDGE, METHODS OF DIAGNOSIS, AND TREATMENT
PAGE 3-HOUSE BILL 24-1153 OPTIONS HAVE EXPANDED EXPONENTIALLY SINCE THE BEGINNING OF THE
TWENTY
-FIRST CENTURY, WITH EXCITING RESEARCH AND DISCOVERIES ,
INCLUDING THE DEVELOPMENT OF NEW MEDICATIONS AND TOOLS FOR MORE
ACCURATE AND EFFECTIVE DIAGNOSIS
, TREATMENT, AND PREVENTION OF
DISEASE
;
(II) W
HILE THERE ARE PROMISING ADVANCES IN MEDICINE ,
C
OLORADO FACES CHALLENGES THAT AFFECT THE HEALTH AND WELL -BEING
OF ITS RESIDENTS
, INCLUDING AN AGING POPULATION ; NATIONAL AND
INTERNATIONAL PUBLIC HEALTH ISSUES
, INCLUDING EPIDEMICS AND
PANDEMICS
; NONNATIVE DISEASES AND CONDITIONS ; CHANGING
ENVIRONMENTAL CONDITIONS AND NEW CONTAMINANTS IN WATER
, AIR, AND
FOOD THAT ARE DANGEROUS TO HUMAN HEALTH
; CHANGES IN STATE AND
FEDERAL LAW IMPACTING ACCESS TO REPRODUCTIVE
, SEXUAL, AND
GENDER
-BASED HEALTH CARE; AND THE INCREASING NEED FOR BEHAVIORAL
HEALTH CARE AND PHYSICAL AND MENTAL HEALTH
-CARE INTEGRATION;
(III) S
TATE AND NATIONAL MEDICAL ASSOCIATIONS RECOGNIZE THE
PRACTICAL AND ETHICAL DUTIES PHYSICIANS HAVE TO THEIR PATIENTS AND
TO THE PROFESSION TO MAINTAIN COMPETENCY IN THE RAPIDLY CHANGING
MEDICAL FIELD AND THE WORLD
; AND
(IV) TO MEET THESE CHALLENGES AND DUTIES , THERE IS A NEED FOR
MANDATED CONTINUING PROFESSIONAL EDUCATION FOR PHYSICIANS
.
(b) T
HEREFORE, THE GENERAL ASSEMBLY FURTHER FINDS AND
DECLARES THAT
:
(I) A
LICENSE TO PRACTICE MEDICINE IN THIS STATE IS GRANTED TO
INDIVIDUALS WHO DEMONSTRATE COMPETENCY IN THE PROFESSION
; AND
(II) AS A CONDITION OF THE PERIODIC RENEWAL OF A PHYSICIAN 'S
LICENSE OR THE REINSTATEMENT OR REACTIVATION OF A MEDICAL LICENSE
,
IT IS APPROPRIATE AND NECESSARY THAT COLORADO REQUIRE A PHYSICIAN
TO COMPLETE CONTINUING MEDICAL EDUCATION TO ENSURE CONTINUING
COMPETENCY IN THE PROFESSION AND TO PREPARE FOR THE PATIENTS AND
HEALTH ISSUES OF THE FUTURE
.
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
PAGE 4-HOUSE BILL 24-1153 (a) "AMA PRA CATEGORY 1 CREDIT™" MEANS CREDIT FOR HOURS
AWARDED FOR CONTINUING MEDICAL EDUCATION THAT APPLY TOWARD THE
AMERICAN MEDICAL ASSOCIATION'S PHYSICIAN'S RECOGNITION AWARD.
(b) "CME
CREDIT HOUR" MEANS ONE HOUR OF CME CREDIT
AWARDED FOR ONE CLOCK HOUR OF CONTINUING MEDICAL EDUCATION
.
(c) "C
OMPLIANCE PERIOD" MEANS THE TWENTY -FOUR-MONTH
PERIOD IMMEDIATELY PRECEDING THE RENEWAL
, REINSTATEMENT, OR
REACTIVATION OF A PHYSICIAN
'S LICENSE.
(d) "C
ONTINUING MEDICAL EDUCATION " OR "CME" MEANS A
PROGRAM OF CONTINUING MEDICAL EDUC ATION THAT IS ACCREDITED BY AN
ORGANIZATION SPECIFIED IN SUBSECTION
(3)(d) OF THIS SECTION.
(e) "N
ATIONAL BOARD CERTIFICATION " MEANS A CERTIFICATION
PROGRAM THAT MEETS ACCEPTED STANDARDS FOR CERTIFICATION AND
INCLUDES BOTH
:
(I) A
PROCESS FOR DEFINING SPECIALTY-SPECIFIC STANDARDS FOR
KNOWLEDGE AND SKILLS
; AND
(II) AN INDEPENDENT, EXTERNAL, PSYCHOMETRICALLY VALID
ASSESSMENT OF KNOWLEDGE AND SKILLS FOR BOTH INITIAL CERTIFICATION
AND RECERTIFICATION OR CONTINUOUS CERTIFICATION BY THE CERTIFYING
BODY THAT GRANTED THE INITIAL CERTIFICATION IN THE MEDICAL
SPECIALTY
.
(3) (a) N
OTWITHSTANDING ANY PROVISION OF THIS TITLE 12 TO THE
CONTRARY
, COMMENCING WITH LICENSE RENEWAL , REINSTATEMENT, OR
REACTIVATION OCCURRING ON OR AFTER
JANUARY 1, 2026, EXCEPT AS
PROVIDED IN SUBSECTIONS
(3)(c), (4), AND (5) OF THIS SECTION, THE BOARD
SHALL NOT RENEW
, REINSTATE, OR REACTIVATE A LICENSE OF A PHYSICIAN
UNLESS THE PHYSICIAN PRESENTS EVIDENCE THAT THE PHYSICIAN HAS
COMPLETED THIRTY
CME CREDIT HOURS WITHIN THE COMPLIANCE PERIOD .
(b) U
NLESS CHOSEN TO PARTICIPATE IN A BOARD AUDIT OF CME
COMPLIANCE PURSUANT TO SUBSECTION (8) OF THIS SECTION, A PHYSICIAN
SHALL PROVIDE EVIDENCE OF COMPLIANCE WITH THIS SECTION BY
:
PAGE 5-HOUSE BILL 24-1153 (I) ANSWERING AFFIRMATIVELY , UNDER PENALTY OF PERJURY , A
QUESTION REGARDING COMPLIANCE WITH THE
CME REQUIREMENT THAT IS
INCLUDED ON THE QUESTIONNAIRE THAT ACCOMPANIES THE LICENSE
RENEWAL FORM DESCRIBED IN SECTION
12-240-130 (2); OR
(II) FOR AN APPLICANT FOR REINSTATEMENT OR REACTIVATION , BY
ATTESTING TO THAT FACT ON THE APPLICATION
.
(c) I
F NECESSARY, THE BOARD SHALL ADJUST PROPORTIONATELY THE
NUMBER OF
CME CREDIT HOURS REQUIRED PURSUANT TO SUBSECTION (3)(a)
OF THIS SECTION TO ENSURE THAT , DUE TO THE DATE OF THE LICENSE
RENEWAL
, REINSTATEMENT, OR REACTIVATION, A PHYSICIAN IS NOT
REQUIRED TO OBTAIN THIRTY
CME CREDIT HOURS IN FEWER THAN
TWENTY
-FOUR MONTHS.
(d) T
O QUALIFY FOR CME CREDIT HOURS, A PROGRAM MUST:
(I) B
E ACCREDITED BY THE ACCREDITATION COUNCIL FOR
CONTINUING MEDICAL EDUCATION AND QUALIFY FOR AMA PRA CATEGORY
1 CREDIT™;
(II) Q
UALIFY FOR PRESCRIBED CREDIT FROM THE AMERICAN
ACADEMY OF FAMILY PHYSICIANS;
(III) B
E AN APPROVED PROGRAM OF THE AMERICAN OSTEOPATHIC
ASSOCIATION; OR
(IV) BE A PROGRAM REQUIRED IN ORDER TO MAINTAIN NATIONAL
BOARD CERTIFICATION
, NOT INCLUDING A PROGRAM SELF -CLAIMED OR
SELF
-DOCUMENTED BY THE PHYSICIAN .
(e) A
S PART OF THE THIRTY CME CREDIT HOURS REQUIRED
PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION, OR THE ADJUSTED
NUMBER OF
CME CREDIT HOURS REQUIRED PURSUANT TO SUBSECTION (3)(c)
OF THIS SECTION, A PHYSICIAN SHALL COMPLETE CME CREDIT HOURS IN
TOPICS SPECIFIED PURSUANT TO SUBSECTION
(6) OF THIS SECTION.
(4) (a) T
HE BOARD MAY RENEW THE LICENSE OF A PHYSICIAN WHO
PRESENTS ACCEPTABLE EVIDENCE TO THE BOARD THAT THE PHYSICIAN WAS
UNABLE TO COMPLY WITH THE
CME CREDIT HOURS REQUIRED PURSUANT TO
PAGE 6-HOUSE BILL 24-1153 SUBSECTION (3)(a) OF THIS SECTION.
(b) T
HE BOARD MAY GRANT A SIX -MONTH EXTENSION OF THE
COMPLIANCE PERIOD TO A PHYSICIAN WHO IS UNABLE TO COMPLY WITH THE
CME CREDIT HOURS REQUIRED PURSUANT TO SUBSECTION (3)(a) OF THIS
SECTION
.
(5) T
HE BOARD MAY WAIVE THE CME REQUIREMENT FOR A
PHYSICIAN
'S FIRST RENEWAL PERIOD IF THE PHYSICIAN WAS INITIALLY
LICENSED WITHIN TWELVE MONTHS AFTER COMPLETING A BOARD
-APPROVED
INTERNSHIP OR POSTGRADUATE TRAINING
.
(6) A
S PART OF THE CME REQUIREMENT ESTABLISHED PURSUANT TO
THIS SECTION
, IN ADDITION TO CME PROGRAMS COVERING TOPICS SELECTED
BY THE PHYSICIAN
, A PHYSICIAN'S CME CREDIT HOURS MUST INCLUDE:
(a) CME
CREDIT HOURS THAT COMPLY WITH SECTION 12-30-114 AND
RELATED BOARD RULES
; AND
(b) CME CREDIT HOURS COVERING A TOPIC SPECIFIED BY THE BOARD
BY RULE PURSUANT TO SUBSECTION
(7)(b) OF THIS SECTION.
(7) T
HE BOARD SHALL PROMULGATE RULES NECESSARY TO
IMPLEMENT A PHYSICIAN
CME REQUIREMENT IN ACCORDANCE WITH THIS
SECTION
. IN ADDITION TO ANY OTHER RULES , THE BOARD SHALL ADOPT
RULES
:
(a) R
EQUIRING THAT A PHYSICIAN MAINTAIN A TRANSCRIPT OR
CERTIFICATE OF ATTENDANCE AT THE
CME PROGRAM THAT INCLUDES A
STATEMENT OF THE CREDIT HOURS EARNED
;
(b) (I) R
ELATING TO ANY CME CREDIT HOURS IN A SPECIFIC TOPIC,
IF THE BOARD APPROVES THE TOPIC , INCLUDING THE NUMBER OF CREDIT
HOURS
, THE FREQUENCY OF THE REQUIREMENT , AND WHICH PHYSICIANS ARE
SUBJECT TO THE REQUIREMENT
. NOTHING IN THIS SUBSECTION (7)(b)(I)
ALLOWS THE BOARD TO INCREASE THE NUMBER OF REQUIRED CME CREDIT
HOURS SPECIFIED IN SUBSECTION
(3)(a) OF THIS SECTION.
(II) T
HE BOARD SHALL INITIATE A STAKEHOLDER PROCESS TO
CONSIDER REQUIRING
, FOR GENERAL PRACTICE AND FOR ALL SPECIALTIES ,
PAGE 7-HOUSE BILL 24-1153 SPECIFIC CME CREDIT HOURS RELATING TO HEALTH DISPARITIES AND
OUTCOMES DATA
; REPRODUCTIVE, SEXUAL, AND GENDER-BASED HEALTH
CARE
; AND EXPLICIT AND IMPLICIT BIAS, INCLUDING THE NUMBER AND
FREQUENCY OF
CME CREDIT HOURS.
(c) I
NDICATING THE CIRCUMSTANCES UNDER WHICH THE BOARD
WOULD WAIVE THE
CME REQUIREMENT FOR A PHYSICIAN OR EXTEND THE
PHYSICIAN
'S COMPLIANCE PERIOD PURSUANT TO SUBSECTION (4) OF THIS
SECTION
;
(d) I
MPLEMENTING AN AUDIT OF COMPLIANCE WITH THIS SECTION , IF
UNDERTAKEN BY THE BOARD PURSUANT TO SUBSECTION
(8) OF THIS
SECTION
; AND
(e) FOR REINSTATEMENT OF A LICENSE THAT HAS BECOME INACTIVE
PURSUANT TO SUBSECTION
(9) OF THIS SECTION.
(8) (a) T
HE BOARD MAY ANNUALLY AUDIT UP TO FIVE PERCENT OF
PHYSICIANS
, CHOSEN AT RANDOM WITH AN OVERSAMPLING OF
NONBOARD
-CERTIFIED PHYSICIANS, FOR COMPLIANCE WITH THIS SECTION.
(b) I
F CHOSEN BY THE BOARD FOR AN AUDIT OF COMPLIANCE WITH
THE
CME REQUIREMENT ESTABLISHED PURSUANT TO THIS SECTION , UNLESS
THE BOARD HAS ADJUSTED THE NUMBER OF REQUIRED CREDIT HOURS
PURSUANT TO SUBSECTION
(3)(c) OF THIS SECTION OR GRANTED A WAIVER
OR EXTENSION OF THE
CME REQUIREMENT DURING THE COMPLIANCE PERIOD
PURSUANT TO SUBSECTION
(4) OF THIS SECTION, THE PHYSICIAN SHALL
PROVIDE EVIDENCE OF THE COMPLETION OF THIRTY CREDIT HOURS OF
CME
PROGRAMS COMPLETED WITHIN THE TWENTY -FOUR MONTHS PRECEDING THE
DATE OF THE PHYSICIAN
'S RENEWAL, REINSTATEMENT, OR REACTIVATION OF
THE LICENSE
.
(9) (a) I
F A PHYSICIAN FAILS TO COMPLY WITH THE CME
REQUIREMENT ESTABLISHED PURSUANT TO THIS SECTION OR TO PROVIDE THE
REQUIRED EVIDENCE OF COMPLETION OF
CME CREDIT HOURS IN RESPONSE
TO AN AUDIT BY THE BOARD PURSUANT TO SUBSECTION
(8)(a) OF THIS
SECTION
:
(I) T
HE PHYSICIAN'S FAILURE TO COMPLY WITHOUT REASONABLE
CAUSE CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO SECTION
PAGE 8-HOUSE BILL 24-1153 12-240-121 (1)(ii); AND
(II) THE PHYSICIAN'S LICENSE BECOMES INACTIVE UNTIL REINSTATED
BY THE BOARD PURSUANT TO BOARD RULE
.
(b) A
PHYSICIAN WITH AN INACTIVE LICENSE IS NOT REQUIRED TO
COMPLY WITH THIS SECTION BUT SHALL MEET THE
CME REQUIREMENT
PURSUANT TO THIS SECTION BEFORE THE BOARD REACTIVATES THE LICENSE
.
SECTION 5. In Colorado Revised Statutes, 12-240-120, amend
(1)(c) and (1)(d); and add (1)(e) as follows:
12-240-120. Refusal of license - issuance subject to probation.
(1) The board may refrain from issuing a license or may grant a license
subject to terms of probation if the board determines that an applicant for
a license:
(c) Has been disciplined in another state or foreign jurisdiction with
respect to his or her
THE APPLICANT'S license to practice medicine, license
to practice as a physician assistant, or license to practice as an
anesthesiologist assistant; or
(d) Has not actively practiced medicine, practiced as a physician
assistant, or practiced as an anesthesiologist assistant for the two-year
period immediately preceding the filing of an application, or otherwise
maintained continued competency during that period, as determined by the
board;
OR
(e) HAS NOT COMPLETED REQUIRED CONTINUING MEDICAL
EDUCATION PURSUANT TO SECTION
12-240-130.5.
SECTION 6. In Colorado Revised Statutes, 12-240-141, amend (5)
as follows:
12-240-141. Inactive license. (5) Any person licensed under this
section who wishes to resume the practice of medicine or to resume practice
as a physician assistant shall file an application in the form and manner the
board shall designate,
MEET THE REQUIRED APPLICABLE CONTINUING
MEDICAL EDUCATION REQUIREMENTS PURSUANT TO SECTION
12-240-130.5,
pay the license fee promulgated by the board pursuant to section
PAGE 9-HOUSE BILL 24-1153 12-240-130, and meet the financial responsibility requirements promulgated
by the board pursuant to section 13-64-301 (1). The board may approve the
application and issue a license or may deny the application as set forth in
section 12-240-120.
SECTION 7. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 10-HOUSE BILL 24-1153 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 11-HOUSE BILL 24-1153