3 Colo. Code Regs. § 709-1.28
Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 709-1.28 - RULES REGARDING THE USE OF BENZODIAZEPINEThis Rule is promulgated pursuant to sections 12-20-204, 12-220-105(3), 12-220-106, and 12-30-115, C.R.S.
A. On or after March 1, 2021, a licensee shall provide a written disclosure to a patient, as defined in section 12-30-115(1)(a), C.R.S., instances of sexual misconduct, including a conviction or guilty plea as set forth in section 12-30-115(2)(a) C.R.S., or final agency action resulting in probation or limitation of licensee's ability to practice as set forth is section 12-30-115(2)(b), C.R.S.B. Form of Disclosure: The written disclosure shall include all information specified in section 12-30-115(3), C.R.S., in a manner consistent with the sample model disclosure form as set forth in Appendix A to these rules. The patient must, through signature on the disclosure form, acknowledge the receipt of the disclosure and agree to treatment with the licensee.C. Timing of Disclosure: This disclosure shall be provided to a patient the same day the patient schedules a professional services appointment with the licensee. If an appointment is scheduled the same day that services will be provided, or if an appointment is not required such as in an inpatient facility, the disclosure must be provided in advance of the treatment. 1. The written disclosure and agreement to treatment must be completed prior to each treatment appointment with a patient, unless the treatment will occur in a series over multiple appointments or a patient schedules follow-up treatment appointments.2. For treatment series or follow-up treatment appointments, one disclosure prior to the first appointment is sufficient, unless the information the licensee is required to disclose pursuant to section 12-30-115, C.R.S., has changed since the most recent disclosure, in which case an updated disclosure must be provided to a patient and signed before treatment may continue.D. As set forth in section 12-30-115(3)(e), C.R.S., the requirement to disclose the conviction, guilty plea, or agency action ends when the licensee has satisfied the requirements of the probation or other limitation and is no longer on probation or otherwise subject to a limitation on the ability to practice the licensee's profession.E. A provider need not make the disclosure required by this Rule before providing professional services to the patient if any of the following applies as set forth in section 12-30-115(4), C.R.S.: 1. The patient is unconscious or otherwise unable to comprehend the disclosure and sign an acknowledgment of receipt of the disclosure pursuant to section 12-30-115(3)(d), C.R.S., and a guardian of the patient is unavailable to comprehend the disclosure and sign the acknowledgement;2. The visit occurs in an emergency room or freestanding emergency department or the visit is unscheduled, including consultations in inpatient facilities; or3. The provider who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.F. A provider who does not have a direct treatment relationship or have direct contact with the patient is not required to make the disclosure required by this Rule.38 CR 04, February 25, 2015, effective 3/30/201538 CR 11, June 10, 2015, effective 6/30/201539 CR 04, February 25, 2016, effective 3/16/201639 CR 10, May 25, 2016, effective 6/30/201639 CR 16, August 25, 2016, effective 9/14/201641 CR 04, February 25, 2018, effective 3/17/201841 CR 11, June 10, 2018, effective 7/3/201841 CR 14, July 25, 2018, effective 8/14/201842 CR 11, June 10, 2019, effective 6/30/201942 CR 23, December 10, 2019, effective 1/1/202044 CR 11, June 10, 2021, effective 6/30/202144 CR 16, August 25, 2021, effective 9/14/202144 CR 23, December 10, 2021, effective 12/30/202145 CR 21, November 10, 2022, effective 10/4/202245 CR 23, December 10, 2022, effective 12/10/202245 CR 23, December 10, 2022, effective 12/30/202246 CR 23, December 10, 2023, effective 12/30/2023