4 Colo. Code Regs. § 728-1.17

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

Section 4 CCR 728-1.17 - REPORTING MALPRACTICE JUDGMENTS, CONVICTIONS, DISCIPLINARY ACTIONS, SETTLEMENTS OR ARBITRATION AWARDS

This Rule is promulgated pursuant to sections 12-20-204, 12-275-108(1)(b), 12-275-120(1)(p), (r) and (bb), and 12-275-129, C.R.S. The purpose of this Rule is to clarify the procedures for reporting, in writing, any malpractice judgments, convictions, disciplinary actions, settlements or arbitration awards.

A. A licensee shall report to the Board within thirty days, any final judgment or settlement against him/her for malpractice, pursuant to section 12-275-120(1)(p), C.R.S.

B. A licensee shall report to the Board, in writing, within thirty days:

1. A conviction of a felony or the acceptance of a plea of guilty or nolo contendere, or a plea resulting in a deferred sentence to a felony, pursuant to section 12-275-120(1)(r), C.R.S.

a. For purposes of this Rule, a felony conviction includes: a guilty verdict; an entry of a plea of guilty or a plea of nolo contendere (no contest) accepted by the court; or a plea resulting in a deferred sentence to a felony.

2. Any disciplinary action imposed upon the licensee by another licensing agency in another state, territory, or country, any governmental agency, any law enforcement agency, or any court for acts of conduct that would constitute grounds for discipline under the provisions of the Optometry Practice Law and/or Board Rule, pursuant to section 12-275-120(1)(bb), C.R.S.

C. The written report to the Board, as set forth in subsection (B), shall include, but not be limited to, the following information:

1. If the event is an action by a governmental agency:

a. The name of the agency,

b. The jurisdiction or state where the incident(s) occurred,

c. The case name(s),

d. The docket, proceeding, or case number by which the event is designated,

e. A copy of the consent decree, order, or decision,

f. The patient(s) name(s) and date(s) of birth,

d. Complete patient records associated with the action, and

e. Any other information relevant to the reported action.

2. If the event is a felony conviction as described above in (B)(1)(a):

a. The name of the court,

b. The jurisdiction where the incident(s) occurred,

c. The case name,

d. The case number,

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

f. Any plea or verdict accepted or entered by the court,

g. A copy of the imposition of sentence related to the conviction and the completion of all terms of the sentence,

h. Confirmation of the status or confirmation of the completion of the terms of the sentence, and

i. Any other information relevant to the reported action.

3. If the event concerns a civil action or arbitration proceeding:

a. The name of the court or arbitrator,

b. The jurisdiction where the incident(s) occurred,

c. The case name,

d. The case number,

e. A description of the matter or a copy of the complaint or demand for arbitration,

f. A copy of the verdict, the court decision or arbitration award, or, if settled, the settlement agreement and court's order of dismissal, and

g. Any other information relevant to the reported action.

4 CCR 728-1.17

37 CR 12, June 25, 2014, effective 7/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

43 CR 23, December 10, 2020, effective 12/30/2020

44 CR 12, June 25, 2021, effective 7/15/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 21, November 10, 2022, effective 10/5/2022

45 CR 22, November 25, 2022, effective 10/26/2022

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

45 CR 24, December 25, 2022, effective 1/14/2023