Section 12-240-120 - Refusal of license - issuance subject to probation(1) The board may refrain from issuing a license or may grant a license subject to terms of probation if the board determines that an applicant for a license: (a) Does not possess the qualifications required by this article 240;(b) Has engaged in unprofessional conduct, as defined in section 12-240-121;(c) Has been disciplined in another state or foreign jurisdiction with respect to the applicant's license to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant;(d) Has not actively practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant for the two-year period immediately preceding the filing of an application, or otherwise maintained continued competency during that period, as determined by the board; or(e) Has not completed required continuing medical education pursuant to section 12-240-130.5.(2) For purposes of this section, "discipline" includes any matter that must be reported pursuant to 45 CFR 60.8 and is substantially similar to unprofessional conduct, as defined in section 12-240-121.(3) An applicant whose application is denied or whose license is granted subject to terms of probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a license that is subject to terms of probation, the acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).Amended by 2024 Ch. 385,§ 5, eff. 8/7/2024.Renumbered from C.R.S. § 12-36-116 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.L. 51: p. 571, § 16. CSA: C. 109, § 33(16). CRS 53: § 91-1-16. C.R.S. 1963: § 91-1-16. L. 73: p. 525, § 49. L. 79: Entire section amended, p. 511, § 11, effective July 1. L. 95: Entire section amended, p. 1060, § 11, effective July 1. L. 2001: (1) and (2) amended, p. 178, § 5, effective August 8. L. 2012: (1)(c) and (1)(d) amended, (HB 12-1332), ch. 238, p. 1055, § 7, effective August 8.This section is similar to former § 12-36-116 as it existed prior to 2019.
2024 Ch. 385, was passed without a safety clause. See Colo. Const. art. V, § 1(3).