3 Colo. Code Regs. § 716-1.16

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 716-1.16 - DUTY TO REPORT REQUIREMENTS

A.BASIS: The authority for the promulgation of these rules and regulations by the State Board of Nursing is set forth in sections 12-20-204(1), 12-255-107(1)(j), 12-255-120(1)(b) and (z), 12-255-209(1)(b) and (u), and 12-295-111(1)(b), C.R.S.

B.PURPOSE: The purpose of these rules and regulations is to set forth the requirements and procedures of reporting convictions for Nurse Aides, Psychiatric Technicians, Practical Nurses, Professional Nurses, and Certified Midwives in the State of Colorado.

C.REPORTING CONVICTIONS

1. Any individual licensed or certified pursuant to sections 12-255-104 (3.2), 12-255-104(3.3), 12-295-103(4), 12-255-104(7) and (11), C.R.S., shall inform the Board, in a manner set forth by the Board, within thirty days of the following occurrences in the case of a licensed individual, and within forty-five days of the following occurrences in the case of a certified individual:

a. The conviction of the certificate holder or licensee of a crime as defined in Title 18 of the Colorado Revised Statutes.

b. For purposes of these Rules: a conviction includes a plea of guilty or a plea of nolo contendere (no contest), accepted by the court, or the imposition of a deferred judgment/sentence.

2. The notice to the Board shall include the following information:

a. The Court;

b. The Jurisdiction;

c. The case name;

d. The case number:

e. A description of the matter or a copy of the indictment of charges; and

f. Terms of sentence given upon conviction.

3. The Board may initiate a complaint pursuant to sections 12-255-119 and 12-255-212, C.R.S.

4. This Rule applies to any conviction or plea as described in Section (C)(1) of Rule 1.16 that occurred on or after October 1, 2008.

D.REPORTING JUDGMENTS, SETTLEMENTS, ADVERSE ACTIONS, AND SURRENDERS

1. Any individual licensed pursuant to sections 12-295-103(4), 12-255-104(7) and (11), C.R.S., shall report to the Board in writing, in a manner set forth by the Board, within thirty days of the following occurrences:

a. A final judgment or settlement in a court of competent jurisdiction regarding allegations of malpractice of nursing

b. An adverse action taken against the individual by another licensing agency in another jurisdiction, a peer review body, a health care institution, a professional or nursing or Certified Midwife society or association, a governmental agency, an law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in Article 255, C.R.S.

c. The surrender of a license or other authorization to practice nursing or as a Certified Midwife in another jurisdiction or the surrender of membership on any nursing staff or professional nursing association or society, which surrender occurs while the individual is under investigation by any of such organizations or authorities for acts or conduct similar to acts or conduct that would constitute grounds for action as described in Article 255, C.R.S.

2. The reports described in section D(1) of Rule 1.16 shall include the following information:

a. If the reportable event concerns a judgment or settle regarding allegations of malpractice, the court, the jurisdiction, the case name, the case number, a description of the matter, or a copy of the complaint, and a copy of the verdict, the court decision, or, if settled, the court's order of dismissal.

b. If the reportable event is adverse action taken by an entity reference above, the name of the entity, its jurisdiction, the case name, the docket or proceeding or case number by which it is designated, a description of the matter, or a copy of the document initiating the action or proceeding and, if the matter has been adjudicated or settled, a copy of the consent decree, order, or decision.

c. If the reportable event is the surrender of a license or other authorization to practice, a copy of all relevant documents disclosing the reason for and circumstances of the surrender

E.Failure to comply with this rule may constitute grounds for disciplinary action.

Adopted: July 30, 2008

Effective: October 1, 2008

Revised: October 24, 2012

Effective: December 15, 2012

Revised: October 27, 2021

Effective: December 30, 2021

Revised: January 24, 2024

Effective: March 16, 2024

3 CCR 716-1.16

38 CR 16, August 25, 2015, effective 9/14/2015

38 CR 20, October 25, 2015, effective 11/14/2015

38 CR 22, November 25, 2015, effective 12/30/2015

40 CR 10, May 25, 2017, effective 6/14/2017

40 CR 16, August 25, 2017, effective 9/14/2017

42 CR 04, February 25, 2019, effective 3/17/2019

44 CR 10, May 25, 2021, effective 6/14/2021

44 CR 22, November 25, 2021, effective 12/15/2021

45 CR 20, October 25, 2022, effective 9/22/2022

45 CR 23, December 10, 2022, effective 11/11/2022

46 CR 01, January 10, 2023, effective 12/10/2022

45 CR 22, November 25, 2022, effective 12/15/2022

46 CR 02, January 25, 2022, effective 1/9/2023

47 CR 04, February 25, 2024, effective 3/16/2024