4 Colo. Code Regs. § 727-1.16

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

Section 4 CCR 727-1.16 - REPORTING CONVICTIONS, JUDGMENTS, AND ADMINISTRATIVE PROCEEDINGS

This Rule is promulgated pursuant to sections 12-20-204, 12-315-106(5)(g), and 12-315-112(1)(n), (o), (p), and (q), C.R.S.

A licensee or registrant, as defined in section 12-20-102(10) and (12), C.R.S., means any veterinary professional who is licensed or registered by the Board. Each veterinary professional shall inform the Board in writing within thirty days of any of the following:

A. Reporting Convictions

1. A veterinary professional must report in writing within thirty days the following criminal convictions:

a. A conviction of a charge of cruelty to animals;

b. A conviction of a violation of the "Uniform Controlled Substances Act of 2013", Article 18 of Title 18, the federal "Controlled Substances Act", 21 U.S.C. sec. 801et seq., as amended, or the federal "Controlled Substances Import and Export Act", 21 U.S.C. seq. 951 et seq., as amended;

c. A conviction of a crime in this state or any other state, any territory, or any other country for an offense related to the conduct regulated by Article 315 of Title 12;

d. A conviction upon charges that involve the unlawful practice of veterinary medicine; or

e. A felony conviction.

2. For purposes of this Rule, a "conviction" includes:

a. A guilty verdict;

b. A plea of guilty accepted by the court or the entry of a guilty plea;

c. A plea of nolo contendere (no contest) accepted by the court; or

d. The imposition of a deferred sentence accepted by the court.

3. The written notice to the Board shall include the following information:

a. The court;

b. The jurisdiction;

c. The case name;

d. The case number; and

e. A description of the matter or copy of the indictment or charges.

B. Reporting Judgments and Administrative Proceedings

1. A veterinary professional must report in writing within thirty days any of the following:

a. A disciplinary action imposed upon the veterinary professional by another jurisdiction that would be a violation of section 12-315-112, C.R.S., including but not limited to, a citation, sanction, probation, civil penalty, or a denial, suspension, revocation, or modification of a license whether it is imposed by consent decree, order, or other decision, for any cause other than failure to pay a license fee by the due date or failure to meet continuing education requirements.

b. Any judgment, award, or settlement of a civil action or arbitration in which there was a final judgment or settlement against the veterinary professional for malpractice of veterinary medicine.

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

a. If the event is an action by a governmental agency, include: the name of the agency, its jurisdiction, the case name, court docket, proceeding or case number by which the event is designated, and a copy of the consent decree, order or decision;

b. If the event concerns a civil action or arbitration proceeding, include: the court or arbiter, the jurisdiction, the case name, the case number, court docket, a description of the matter or a copy of the complaint, and a copy of the verdict, the court or arbitration decision, or, if settled, the settlement agreement and court's order of dismissal.

3. Failure to comply with this Rule may constitute grounds for disciplinary action.

4 CCR 727-1.16

Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/2014

42 CR 21, November 10, 2019, effective 11/30/2019

43 CR 18, September 25, 2020, effective 10/15/2020

43 CR 22, November 25, 2020, effective 12/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 21, November 10, 2021, effective 11/30/2021

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

46 CR 06, March 25, 2023, effective 4/14/2023