3 Colo. Code Regs. § 716-1.4

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

Section 3 CCR 716-1.4 - CONFIDENTIAL AGREEMENTS

A. STATEMENT OF BASIS: The authority for the promulgation of these rules and regulations by the State Board of Nursing ("Board") is set forth in sections 12-255-107 and 12-255-135, C.R.S.

B. PURPOSE: To specify procedures and criteria relating to the entering into Confidential Agreements with licensees.

C. Board Discretion. Compliance with this Rule 1.4 is a prerequisite for eligibility to enter into a Confidential Agreement with the Board pursuant to sections 12-255-120 and 12-30-108, C.R.S., and does not guarantee a right to a Confidential Agreement or require the Board to enter into a Confidential Agreement with the licensee. Upon notification by the licensee, the Board will evaluate all facts and circumstances to determine if a Confidential Agreement is appropriate.

D. Notice to the Board. No later than thirty days from the date a physical illness or condition, or behavioral health, mental health, or substance use disorder that affects a licensee's ability to practice nursing or midwifery with reasonable skill and safety, or may endanger the health or safety of individuals under the licensee's care, the licensee shall provide the Board, in writing, the following information:

1. The diagnosis and a description of the illness, condition, or disorder;

2. The date that the illness, condition, or disorder was first diagnosed;

3. The name of the current treatment provider and documentation from the current treatment provider; confirming the diagnosis, date of onset, and treatment plan;

4. A description of the licensee's practice and any modifications, limitations or restrictions that have been made to such practice as a result of the illness, condition, or disorder; and

5. Whether the licensee has been evaluated by, or is currently receiving services from, the Board's authorized Peer Health Assistance Program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.

E. Change of Circumstances. The licensee shall further notify the Board of any significant change in the illness, condition or disorder ("change of condition") that impacts the licensee's ability to perform a nursing or midwifery service with reasonable skill and safety. The licensee must notify the Board of any significant change in condition, whether positive or negative. Such notification shall occur within thirty days of the change of condition. The licensee shall provide the Board, in writing, the following information:

1. The date of the change of illness, condition, or disorder;

2. The name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan;

3. A description of the licensee's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of illness, condition, or disorder;

4. Whether the licensee has been evaluated by, or is currently receiving services from, the Board's authorized Peer Assistance Services related to the change of condition and, if so, the date of initial contact and whether services are ongoing.

F. Failure to Notify. If the Board discovers that a licensee has a mental or physical illness, condition, or disorder that impacts the licensee's ability to provide nursing care with reasonable skill and safety and the licensee has not timely notified the Board of the illness, condition, or disorder, the licensee shall not be eligible for a Confidential Agreement and may be subject to disciplinary action pursuant to section 12-255-120, C.R.S.

3 CCR 716-1.4

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