Colorado Revised Statutes Article 30 for Healthcare Professions PDF

1 Colorado Revised Statutes 2024 TITLE 12 PROFESSIONS AND OCCUPATIONS Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019, resulting in the addition,...

1 Colorado Revised Statutes 2024 TITLE 12 PROFESSIONS AND OCCUPATIONS Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this title 12 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019- table.pdf. Cross references: For practicing a profession or operating a business without a license, see § 16-13- 306; for rule-making procedures and license suspension and revocation procedures by state agencies, see article 4 of title 24; for an alternative disciplinary action for persons licensed, registered, or certified pursuant to this title 12, see § 24-34-106; for disposition of money collected under this title 12, see §§ 24-35-101 and 24-36- 103. GENERAL ARTICLE 1 General Provisions 12-1-101. Short title. The short title of this title 12 is the "Professions and Occupations Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. 12-1-102. Scope of article. This article 1 applies to every article in this title 12 except to the extent otherwise specified in another article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. 12-1-103. Definitions. As used in this title 12, unless the context otherwise requires: (1) "Department" means the department of regulatory agencies created in section 24-1-122. (2) "Executive director" means the executive director of the department or the executive director's designee. (3) "Profession or occupation", "profession", or "occupation" means an activity subject to regulation by a part or article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. Colorado Revised Statues Uncertified Printout 2 ARTICLE 30 Provisions Applicable to Health-Care Professions and Occupations Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 30 contains provisions from several former C.R.S. sections of this title 12 and article 34 of title 24, as they existed prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf. PART 1 MISCELLANEOUS PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS 12-30-101. Scope. This article 30 applies to articles 200 to 315 of this title 12 except to the extent otherwise specified in this article 30 or another part or article of this title 12. The requirements of this article 30 are in addition to the requirements established in any other part or article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 757, § 1, effective October 1. 12-30-102. Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - repeal. (1) The short title of this section is the "Michael Skolnik Medical Transparency Act of 2010". (2) (a) The general assembly hereby finds and determines that: (I) The people of Colorado need to be fully informed about the past practices of persons practicing a health-care profession in this state in order to make informed decisions when choosing a health-care provider and determining whether to proceed with a particular regimen of care recommended by a health-care provider; (II) The purpose of this section is to provide transparency to the public regarding the competency of persons engaged in the practice of certain health-care professions in this state to assist citizens in making informed health-care decisions. (b) The general assembly further finds and declares that it is important to make information about persons engaged in the practice of a health-care profession available to the public in a manner that is efficient, cost-effective, and maintains the integrity of the information, and to that end, the general assembly encourages persons to file the required information with the division electronically, to the extent possible. (3) (a) As used in this section, "applicant" means a person applying for a new, active license, certification, or registration or to renew, reinstate, or reactivate an active license, certification, or registration to practice: (I) Audiology pursuant to article 210 of this title 12; (II) As a licensed hearing aid provider pursuant to part 2 of article 230 of this title 12; (III) Acupuncture pursuant to article 200 of this title 12; (IV) Podiatry pursuant to article 290 of this title 12; Colorado Revised Statues Uncertified Printout 3 (V) Chiropractic pursuant to article 215 of this title 12; (VI) Dentistry pursuant to article 220 of this title 12; (VII) Dental therapy or dental hygiene pursuant to article 220 of this title 12; (VIII) Medicine pursuant to article 240 of this title 12 or part 36 of article 60 of title 24; (IX) As a physician assistant or an anesthesiologist assistant pursuant to article 240 of this title 12; (X) Direct-entry midwifery pursuant to article 225 of this title 12; (XI) Practical nursing, professional nursing, advanced practice registered nursing, or as a certified midwife pursuant to article 255 of this title 12; (XII) Optometry pursuant to article 275 of this title 12; (XIII) Physical therapy pursuant to article 285 of this title 12; (XIV) Psychology pursuant to part 3 of article 245 of this title 12; (XV) Social work pursuant to part 4 of article 245 of this title 12; (XVI) Marriage and family therapy pursuant to part 5 of article 245 of this title 12; (XVII) Professional counseling pursuant to part 6 of article 245 of this title 12; (XVIII) Psychotherapy pursuant to part 7 of article 245 of this title 12; (XIX) Addiction counseling pursuant to part 8 of article 245 of this title 12; (XX) Speech-language pathology pursuant to article 305 of this title 12; (XXI) Athletic training pursuant to article 205 of this title 12; (XXII) Massage therapy pursuant to article 235 of this title 12; (XXIII) As a certified nurse aide pursuant to article 255 of this title 12; (XXIV) Occupational therapy pursuant to article 270 of this title 12; (XXV) Respiratory therapy pursuant to article 300 of this title 12; (XXVI) Pharmacy pursuant to article 280 of this title 12; (XXVII) As a psychiatric technician pursuant to article 295 of this title 12; (XXVIII) As a surgical assistant or surgical technologist pursuant to article 310 of this title 12; and (XXIX) Naturopathic medicine pursuant to article 250 of this title 12. (b) A person who is an applicant under this subsection (3) is not, by virtue of inclusion in this section, a health-care provider for purposes of any other provision of Colorado law. (4) When applying for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration in this state, each applicant shall provide the following information to the director, in a form and manner determined by the director, as applicable to each profession: (a) (I) The applicant's full name, including any known aliases; (II) The applicant's current address of record and telephone number; (III) The applicant's location of practice, if different than the address of record; (IV) The applicant's education and training related to the applicant's profession; (V) Information pertaining to any license, certification, or registration to practice in the profession for which the applicant seeks licensure, certification, or registration, issued or held during the immediately preceding ten years, including the license, certification, or registration status and year of issuance; (VI) Any board certifications and specialties, if applicable; (VII) Any affiliations with or clinical privileges held in hospitals or health-care facilities; (VIII) Any health-care-related business ownership interests; (IX) Information pertaining to the applicant's employer, if any, including name, current address, and telephone number; and Colorado Revised Statues Uncertified Printout 4 (X) Information pertaining to any health-care-related employment contracts or contracts establishing an independent contractor relationship with any entities if the annual aggregate value of the contracts exceeds five thousand dollars, as adjusted by the director during each license, certification, or registration renewal cycle to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. Nothing in this subsection (4)(a)(X) requires an applicant to report such information regarding contracts with insurance carriers for reimbursement of health-care services provided to patients. (b) Any public disciplinary action taken against the applicant by the applicable regulator or the board or licensing agency of any other state or country. The applicant shall provide a copy of the action to the director at the time the application is made. (c) Any agreement or stipulation entered into between the applicant and the regulator or the board or licensing agency of any other state or country whereby the applicant agrees to temporarily cease or restrict the applicant's practice, or any regulator's order restricting or suspending the applicant's license, certification, or registration. The applicant shall provide a copy of the agreement, stipulation, or order to the director at the time the application is made. (d) (I) Any final action that results in an involuntary limitation or probationary status on, or a reduction, nonrenewal, denial, revocation, or suspension of, the applicant's medical staff membership or clinical privileges at any hospital or health-care facility occurring on or after September 1, 1990. The applicant shall not be required to report a precautionary or administrative suspension of medical staff membership or clinical privileges, as defined by the director by rule, unless the applicant resigns the applicant's medical staff membership or clinical privileges while the precautionary or administrative suspension is pending. To report the information required by this subsection (4)(d), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action: (A) The name of the facility or entity that took the action; (B) The date the action was taken; (C) The type of action taken, including any terms and conditions of the action; (D) The duration of the action; and (E) Whether the applicant has fulfilled the terms or conditions of the action, if applicable. (II) Notwithstanding part 2 of this article 30, article 3 of title 25, and any provision of law to the contrary, the form completed by the applicant pursuant to this subsection (4)(d) is a public record and is not confidential. Compliance with this subsection (4)(d) does not constitute a waiver of any privilege or confidentiality conferred by any applicable state or federal law. (e) Any final action of an employer that results in the applicant's loss of employment where the grounds for termination constitute a violation of the laws governing the applicant's practice. To report the information required by this subsection (4)(e), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action: (I) The name of the employer that terminated the employment; and (II) The date the termination occurred or became effective. (f) Any involuntary surrender of the applicant's federal drug enforcement administration registration. The applicant shall provide a copy of the order requiring the surrender of the registration to the director at the time the application is made. (g) Any final criminal conviction or plea arrangement resulting from the commission or alleged commission of a felony or crime of moral turpitude in any jurisdiction at any time after the applicant has been issued a license, certification, or registration to practice the applicant's health-care profession in any state or Colorado Revised Statues Uncertified Printout 5 country. The applicant shall provide a copy of the final conviction or plea arrangement to the director at the time the application is made. (h) Any final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant on or after September 1, 1990, for malpractice. To report the information required by this subsection (4)(h), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the malpractice action: (I) Whether the action was resolved by a final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant; (II) The date of the judgment, settlement, or arbitration award; (III) The location or jurisdiction in which the action occurred or was resolved; and (IV) The court in which the final judgment was ordered, the mediator that aided in the settlement, if applicable, or the arbitrator that granted the arbitration award. (i) Any refusal by an issuer of professional liability insurance to issue a policy to the applicant due to past claims experience. The applicant shall provide a copy of the refusal to the director at the time the application is made. (5) In addition to the information required by subsection (4) of this section, an applicant may submit information regarding awards and recognitions the applicant has received or charity care the applicant has provided. The director may remove information regarding awards and recognitions that the director finds to be unrelated to the applicant's profession or offensive or inappropriate. (6) The director shall make the information specified in subsections (4) and (5) of this section that is submitted by an applicant readily available to the public in a manner that allows the public to search the information by name, license number, board certification or specialty area, if applicable, or city of the applicant's address of record. The director may satisfy this requirement by posting and allowing the ability to search the information on the director's website or on the website for the applicable regulator that oversees the applicant's practice. If the information is made available on either website, the director shall ensure that the website is updated at least monthly and that the date on which the update occurs is indicated on the website. If the information made available pursuant to this subsection (6) is the same or substantially similar to information the director must make available pursuant to section 12-310-103 (3), the director may elect to use this database as the exclusive means for making the information required by section 12-310-103 (3) publicly available. (7) When disclosing information regarding an applicant to the public, the applicable regulator shall include the following statement or a similar statement that communicates the same meaning: Some studies have shown that there is no significant correlation between malpractice history and a [insert applicable type of health-care provider]'s competence. At the same time, the [insert name of applicable regulator] believes that consumers should have access to malpractice information. To make the best health-care decisions, you should view this information in perspective. You could miss an opportunity for high-quality care by selecting a health-care provider based solely on malpractice history. When considering malpractice data, please keep in mind: Malpractice histories tend to vary by profession and, as applicable, by specialty. Some professions or specialties are more likely than others to be the subject of litigation. You should take into account how long the health-care provider has been in practice when considering malpractice averages. The incident causing the malpractice claim may have happened years before a malpractice action is finally resolved. Sometimes, it takes a long time for a malpractice lawsuit to move through the legal system. Colorado Revised Statues Uncertified Printout 6 Some health-care providers work primarily with high-risk patients. These health-care providers may have malpractice histories that are higher than average because they specialize in cases or patients who are at very high risk for problems. Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health-care provider. A payment in settlement of a malpractice action or claim should not be construed as creating a presumption that malpractice has occurred. You may wish to discuss information provided by the [insert name of applicable regulator], and malpractice generally, with your health-care provider. The information posted on the [applicable regulator's] website was provided by applicants for a license and applicants for renewal, reinstatement, or reactivation of a license. (8) (a) Except as specified in subsection (8)(b) of this section, an applicant, licensee, certificate holder, or registrant shall ensure that the information required by subsection (4) of this section is current and shall report any updated information and provide copies of the required documentation to the director within thirty days after the date of the action described in said subsection (4) or as otherwise provided in the part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession to ensure that the information provided to the public is as accurate as possible. (b) An applicant shall report updated information regarding the applicant's employer, any health-care- related business ownership interests, and any health-care-related employment contracts or contracts establishing an independent contractor relationship, as required by subsection (4)(a) of this section, within one year after a change in that information. (9) (a) The director may impose an administrative fine not to exceed five thousand dollars against an applicant, licensee, certificate holder, or registrant who fails to comply with this section. The director shall notify the applicable regulator when the director imposes a fine pursuant to this subsection (9). Any fine imposed pursuant to this subsection (9) shall be deposited in the general fund. (b) The imposition of an administrative fine pursuant to this subsection (9) shall not constitute a disciplinary action pursuant to the laws governing the applicant's, licensee's, certificate holder's, or registrant's practice area and shall not preclude the applicable regulator from taking disciplinary action against an applicant, licensee, certificate holder, or registrant for failure to comply with this section. A license, certification, or registration shall not be issued, renewed, reinstated, or reactivated if the applicant has failed to pay a fine imposed pursuant to this subsection (9). (c) Failure of an applicant, licensee, certificate holder, or registrant to comply with this section constitutes unprofessional conduct or grounds for discipline under the specific part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession. (10) Nothing in this section relieves an applicant, licensee, certificate holder, or registrant from the obligation to report adverse actions to the applicable regulator, as required by the applicable laws in this title 12 regulating that profession. (11) The director may adopt rules, as necessary, to implement this section. (12) This section is repealed, effective September 1, 2028. Before the repeal, the functions of the program under this section are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 757, § 1, effective October 1. L. 2020: (4)(f) amended, (HB 20-1402), ch. 216, p. 1044, § 19, effective June 30; (3)(a)(XXIII) amended, (HB 20-1183), ch. 157, p. 696, § 37, effective July 1. L. 2021: (12) amended, (SB 21-097), ch. 111, Colorado Revised Statues Uncertified Printout 7 p. 438, § 2, effective September 1. L. 2022: (3)(a)(VII) amended, (SB 22-219), ch. 381, p. 2723, § 30, effective January 1, 2023. L. 2023: (3)(a)(XI) amended, (SB 23-167), ch. 261, p. 1532, § 25, effective May 25. Editor's note: This section is similar to former § 24-34-110 as it existed prior to 2019. Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022. 12-30-103. Solicitation of accident victims - waiting period - definitions. (1) Except as permitted by subsection (2) of this section, neither a health-care practitioner nor an agent of a health-care practitioner shall engage in solicitation for professional employment concerning a personal injury unless the incident for which employment is sought occurred more than thirty days before the solicitation. (2) This section does not apply to any person providing emergency health care at the time of the incident or follow-up referrals to physicians from the emergency health-care providers. (3) Any agreement made in violation of this section is voidable at the option of the individual suffering the personal injury or the individual's authorized representative. (4) As used in this section: (a) "Health-care practitioner" means: (I) An acupuncturist licensed under article 200 of this title 12; (II) An audiologist licensed under article 210 of this title 12; (III) A chiropractor licensed under article 215 of this title 12; (IV) A dentist, dental therapist, or dental hygienist licensed under article 220 of this title 12; (V) A massage therapist licensed under article 235 of this title 12; (VI) A physician, physician assistant, or anesthesiologist assistant licensed under article 240 of this title 12; (VII) A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of article 245 of this title 12; (VIII) A practical or professional nurse licensed under article 255 of this title 12; (IX) A nursing home administrator licensed under article 265 of this title 12; (X) An occupational therapist or occupational therapy assistant licensed under article 270 of this title 12; (XI) An optometrist licensed under article 275 of this title 12; (XII) A pharmacist licensed under article 280 of this title 12; (XIII) A physical therapist or physical therapist assistant licensed under article 285 of this title 12; (XIV) A podiatrist licensed under article 290 of this title 12; (XV) A psychiatric technician licensed under article 295 of this title 12; or (XVI) A respiratory therapist licensed under article 300 of this title 12. (b) "Solicitation" means an initial contact initiated in person, through any form of electronic or written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless the contact is requested by the individual, a member of the individual's family, or the individual's authorized representative. "Solicitation" does not include radio, television, newspaper, or yellow pages advertisements. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 764, § 1, effective October 1. L. 2022: (4)(a)(IV) amended, (SB 22-219), ch. 381, p. 2724, § 31, effective January 1, 2023. Colorado Revised Statues Uncertified Printout 8 Editor's note: This section is similar to former § 12-29.1-102 as it existed prior to 2019. Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022. 12-30-104. Health-care prescriber boards - disciplinary procedures - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Health-care prescriber board" or "board" means: (I) The Colorado podiatry board created in section 12-290-105; (II) The Colorado dental board created in section 12-220-105; (III) The Colorado medical board created in section 12-240-105; (IV) The state board of nursing created in section 12-255-105; (V) The state board of optometry created in section 12-275-107; and (VI) The state board of veterinary medicine created in section 12-315-106. (b) "Licensee" means an individual who is licensed or otherwise regulated by a board. (2) Except as specified in subsection (4) of this section, notwithstanding any other provision of law in title 24 or this title 12, each health-care prescriber board shall: (a) Within fifteen days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of the complainant's patient records pursuant to sections 25-1- 801 and 25-1-802; (b) If an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct, provide the complainant, within thirty days after the action, with written notice of the action taken by the board; (c) If a complaint is still pending after six months, notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law; and (d) Update its website within thirty days after suspending or revoking a license to separately list each licensee subject to the suspension or revocation. (3) If patient records are potentially relevant to resolution of a complaint against a licensee and the licensee is the custodian of the records, the licensee shall provide the board with the patient records within thirty days after the board requests the records. (4) If any provision of article 4 of title 24, part 1 of article 255 of this title 12, or article 220, 240, 275, 290, or 315 of this title 12 is more protective of complainants' rights or results in a more expeditious resolution of disciplinary proceedings than a corresponding provision of this section, that provision applies rather than the corresponding provision of this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 766, § 1, effective October 1. L. 2020: (4) amended, (HB 20-1183), ch. 157, p. 697, § 38, effective July 1. Editor's note: This section is similar to former § 24-34-112 as it existed prior to 2019. Colorado Revised Statues Uncertified Printout 9 12-30-105. Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal. (1) There is hereby created, within the division, the nurse-physician advisory task force for Colorado health care, referred to in this section as "NPATCH". The purpose of the NPATCH is to promote public safety and improve health care in Colorado by supporting collaboration and communication between the practice of nursing, the practice as a certified midwife, and the practice of medicine. The NPATCH shall: (a) Promote patient safety and quality care; (b) Address issues of mutual concern at the interface of the practice of nursing, the practice as a certified midwife, and the practice of medicine; (c) Inform public policy-making; and (d) Make consensus recommendations to policy-making and rule-making entities, including recommendations to the executive director. (2) (a) The NPATCH consists of twelve members appointed as follows: (I) One member of the state board of nursing, appointed by the president of the board; (II) One member of the Colorado medical board, appointed by the president of the board; (III) Ten members appointed by the governor as follows: (A) Three members recommended by and representing a statewide professional nursing organization; (B) Three licensed physicians recommended by and representing a statewide physicians' organization that represents multi-specialty physicians and whose membership includes at least one-third of the doctors of medicine and osteopathy licensed in the state; (C) One member representing the nursing community who may or may not be a member of a statewide professional nursing organization; (D) One member representing the physician community who may or may not be a member of a statewide physicians' organization; and (E) Two members representing consumers. (b) The members of the NPATCH shall serve on a voluntary basis without compensation and shall serve three-year terms; except that, in order to ensure staggered terms of office, four of the initial appointees shall serve initial one-year terms and four of the initial appointees shall serve initial two-year terms. (3) (a) Except as provided in subsection (3)(b) of this section, the NPATCH may develop its own bylaws and procedures to govern its operations. (b) A recommendation of the NPATCH requires the consensus of the members of the task force. For purposes of this section, "consensus" means an agreement, decision, or recommendation that all members of the task force can actively support and that no member actively opposes. (4) The division shall staff the NPATCH. The division's costs for administering and staffing the NPATCH shall be funded by an increase in fees for professional and advanced practice registered nursing, certified midwife, and medical license renewal fees, as authorized in sections 12-240-130 and 12-255-107 (1)(b)(I), with fifty percent of the funding derived from the physician license renewal fees and fifty percent derived from the professional and advanced practice registered nursing and certified midwife license renewal fees. (5) The NPATCH shall prioritize consideration of and make recommendations on the following topics: (a) and (b) Repealed. (c) Quality assurance mechanisms for all medication prescribers; (d) Evidence-based guidelines; (e) Decision support tools; (f) Safe prescribing metrics for all medication prescribers; Colorado Revised Statues Uncertified Printout 10 (g) Methods to foster effective communication between health professions; (h) Health-care delivery system integration and related improvements; (i) Physician standards, processes, and metrics to ensure appropriate consultation, collaboration, and referral regarding advanced practice registered nurse and certified midwife prescriptive authority; (j) Prescribing issues regarding providers other than physicians, advanced practice registered nurses, and certified midwives; (k) Alignment of health-care licensing with federal statutory minimums; (l) Identification of unnecessary regulatory burdens or barriers; (m) Regulatory reforms that support health-care licensees to work at their full scope of practice; and (n) Feasibility of temporary candidate licenses for students nearing the completion of an accredited health-care program. At a minimum, the NPATCH must consider reimbursement, liability, and health and safety issues in its analysis. (6) The NPATCH shall make recommendations pursuant to this section to the executive director. (7) This section is repealed, effective September 1, 2027. Before the repeal, the functions of the NPATCH are scheduled for review in accordance with section 2-3-1203. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 767, § 1, effective October 1. L. 2020: (2)(a)(III)(B) and (7) amended, (HB 20-1209), ch. 189, p. 863, § 2, effective June 30; (1)(d) amended and (5)(a) and (5)(b) repealed, (HB 20-1216), ch. 190, p. 880, § 27, effective July 1. L. 2022: (5)(i) amended and (5)(k) to (5)(n) added, (SB 22-226), ch. 179, p. 1190, § 7, effective May 18. L. 2023: IP(1), (1)(b), (4), (5)(i), and (5)(j) amended, (SB 23-167), ch. 261, p. 1532, § 26, effective May 25; (5)(n) amended, (HB 23-1301), ch. 303, p. 1818, § 12, effective August 7. Editor's note: This section is similar to former § 24-34-109 as it existed prior to 2019. Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. For the legislative declaration in SB 22-226, see section 1 of chapter 179, Session Laws of Colorado 2022. 12-30-106. Health-care work force data collection. (1) The director of the division shall implement a system to collect health-care work force data from health-care professionals who are eligible for the Colorado health service corps pursuant to part 5 of article 1.5 of title 25, from practical and professional nurses and certified midwives licensed pursuant to part 1 of article 255 of this title 12, and from pharmacists licensed pursuant to article 280 of this title 12, collectively referred to in this section as "health-care professionals". Each health-care professional shall submit the data as part of the initial licensure process and upon the renewal of the health-care professional's license. Neither an executive department nor a board in an executive department is responsible for verifying the data or disciplining a health-care professional for noncompliance with this section. (2) (a) The director of the division shall request each health-care professional to provide data recommended by the director of the primary care office created pursuant to section 25-1.5-403 in the department of public health and environment. The director of the division has final approval authority regarding the form and manner of the data collected. The data collected concerns: (I) Each practice address of the health-care professional; (II) The number of hours the health-care professional provides direct patient care at each practice location; Colorado Revised Statues Uncertified Printout 11 (III) Any specialties of the health-care professional, if applicable; (IV) Information about each practice setting type; (V) The health-care professional's education and training related to the health-care professional's profession; and (VI) The year of birth of the health-care professional. (b) The director of the division shall ensure that the data provided by health-care professionals is available to the primary care office in electronic format for analysis. A member of the public may request, in writing, unanalyzed data from the primary care office. Data available to the public must be limited to unique records that do not include names or other identifying information. (3) Repealed. (4) The director of the division may seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that the director may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The director shall transmit all private and public money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the division of professions and occupations cash fund created in section 12-20-105. The money in the fund is subject to annual appropriation by the general assembly to the director for the direct and indirect costs associated with implementing this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 769, § 1, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 697, § 39, effective July 1. L. 2022: (1) and (2) amended and (3) repealed, (HB 22-1227), ch. 86, p. 411, § 1, effective August 10. L. 2023: (1) amended, (SB 23-167), ch. 261, p. 1533, § 27, effective May 25. Editor's note: This section is similar to former § 24-34-110.5 as it existed prior to 2019. 12-30-107. Mammography report - dense breast tissue - required notice. (1) Each person who is required by 42 U.S.C. sec. 263b to provide a patient, the patient's physician, or a medical institution with a mammography report and who has determined that the patient has dense breast tissue, as determined by the interpreting physician based on breast imaging reporting and data system standards promulgated by the American College of Radiology, shall include the following notice with the mammography report: Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your doctor. Together, you can decide which screening options are right for you. A report of your results was sent to your physician. (2) Notwithstanding any other law, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 771, § 1, effective October 1. Editor's note: This section is similar to former § 12-1.5-201 as it existed prior to 2019. Colorado Revised Statues Uncertified Printout 12 12-30-108. Confidential agreement to limit practice - violation grounds for discipline. (1) (a) If a licensee, registrant, or certificate holder has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder in a manner and within a period determined by the regulator. (b) The regulator may require the licensee, registrant, or certificate holder to submit to an examination or refer the licensee, registrant, or certificate holder to a peer health assistance program, if one exists, to evaluate the extent of the physical illness, physical condition, or behavioral or mental health disorder and its effect on the licensee's, registrant's, or certificate holder's ability to practice with reasonable skill and safety to patients or clients. (2) (a) Upon determining that a licensee, registrant, or certificate holder with a physical illness, physical condition, or behavioral or mental health disorder is able to render limited services with reasonable skill and safety to patients or clients, the regulator may enter into a confidential agreement with the licensee, registrant, or certificate holder in which the licensee, registrant, or certificate holder agrees to limit the person's practice based on the restrictions imposed by the physical illness, physical condition, or behavioral or mental health disorder, as determined by the regulator. (b) As part of the agreement, the licensee, registrant, or certificate holder is subject to periodic reevaluations or monitoring as determined appropriate by the regulator. The regulator may refer the licensee, registrant, or certificate holder to a peer assistance health program, if one exists, for reevaluation or monitoring. (c) The parties may modify or dissolve the agreement as necessary based on the results of a reevaluation or of monitoring. (3) By entering into an agreement with the regulator pursuant to this section, the licensee, registrant, or certificate holder is not engaging in activities that constitute grounds for discipline. The agreement does not constitute a restriction or discipline by the regulator. However, if the licensee, registrant, or certificate holder fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes grounds for discipline or unprofessional conduct, as applicable, and the licensee, registrant, or certificate holder is subject to discipline in accordance with section 12-20-404 and the part or article of this title 12 that governs the particular profession or occupation. (4) (a) This section does not apply to: (I) The following health-care professionals: (A) Repealed. (B) Hearing aid providers regulated pursuant to article 230 of this title 12; (C) Repealed. (D) Nurse aides regulated pursuant to article 255 of this title 12; or (E) Nursing home administrators regulated pursuant to article 265 of this title 12; or (F) to (H) Repealed. (II) A licensee, registrant, or certificate holder subject to discipline for habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5). (b) Repealed. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 771, § 1, effective October 1; (4)(a)(I)(F) repealed, (SB 19-153), ch. 369, p. 3379, § 9, effective October 1; (4)(a)(I)(G) repealed, (SB 19-154), ch. 169, p. 1978, § 20, effective October 1. L. 2020: (4)(a)(I)(A) repealed, (HB 20-1210), ch. 158, Colorado Revised Statues Uncertified Printout 13 p. 708, § 5, effective July 1; (4)(a)(I)(C) repealed, (HB 20-1216), ch. 190, p. 865, § 4, effective July 1; (4)(a)(I)(D) amended, (HB 20-1183), ch. 157, p. 697, § 40, effective July 1. L. 2021: (4)(a)(I)(D) amended and (4)(a)(I)(H) repealed, (SB 21-092), ch. 139, p. 783, § 5, effective September 1. L. 2022: (4)(b)(I) repealed, (HB 22-1233), ch. 398, p. 2830, § 4, effective August 10; (4)(b)(II) repealed, (HB 22-1235), ch. 442, p. 3101, § 6, effective August 10. L. 2023: (4)(b) repealed, (HB 23-1301), ch. 303, p. 1818, § 13, effective August 7. Editor's note: This section is similar to former § 12-43-221.5 as it existed prior to 2019. Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. 12-30-109. Prescriptions - limitations - definition - rules. (1) (a) A prescriber shall not prescribe more than a seven-day supply of an opioid to a patient who has not obtained an opioid prescription from that prescriber within the last twelve months and may exercise discretion to include a second fill for a seven-day supply. The limits on initial prescribing do not apply if, in the judgment of the prescriber, the patient: (I) Has chronic pain that typically lasts longer than ninety days or past the time of normal healing, as determined by the prescriber, or following transfer of care from another prescriber who practices the same profession and who prescribed an opioid to the patient; (II) Has been diagnosed with cancer and is experiencing cancer-related pain; (III) Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days; or (IV) Is undergoing palliative care or hospice care focused on providing the patient with relief from symptoms, pain, and stress resulting from a serious illness in order to improve quality of life; except that this subsection (1)(a)(IV) applies only if the prescriber is a physician, a physician assistant, or an advanced practice registered nurse. (b) Prior to prescribing any opioid or benzodiazepine prescription pursuant to this section, a prescriber must comply with section 12-280-404 (4). Failure to comply with section 12-280-404 (4) constitutes unprofessional conduct or grounds for discipline, as applicable, under section 12-220-201, 12-240-121, 12-245- 224, 12-255-120, 12-275-120, 12-290-108, or 12-315-112, as applicable to the particular prescriber, only if the prescriber repeatedly fails to comply. (2) A prescriber licensed pursuant to article 315 of this title 12 may prescribe opioids and benzodiazepines electronically. (3) A violation of this section does not create a private right of action or serve as the basis of a cause of action. A violation of this section does not constitute negligence per se or contributory negligence per se and does not alone establish a standard of care. Compliance with this section does not alone establish an absolute defense to any alleged breach of the standard of care. (4) As used in this section, "prescriber" means: (a) A dentist licensed pursuant to article 220 of this title 12; (b) A physician or physician assistant licensed pursuant to article 240 of this title 12; (c) An advanced practice registered nurse or certified midwife with prescriptive authority pursuant to section 12-255-112; (d) An optometrist licensed pursuant to article 275 of this title 12; (e) A podiatrist licensed pursuant to article 290 of this title 12; or (f) Repealed. Colorado Revised Statues Uncertified Printout 14 (g) A licensed psychologist with prescriptive authority pursuant to section 12-245-309. (5) Repealed. (6) On or before November 1, 2021, the applicable board for each prescriber shall, by rule, limit the supply of a benzodiazepine that a prescriber may prescribe to a patient who has not obtained a benzodiazepine prescription from a prescriber within the last twelve months; except that the rules must not limit the supply of a benzodiazepine prescribed to treat epilepsy, a seizure or seizure disorder, a suspected seizure disorder, spasticity, alcohol withdrawal, or a neurological condition, including a posttraumatic brain injury or catatonia. The rules must allow for appropriate tapering off of benzodiazepines and must not require or encourage abrupt discontinuation or withdrawal of benzodiazepines. (7) Each prescriber licensed in this state who holds a current registration issued by the federal drug enforcement administration shall register and maintain a user account as specified in section 12-280-403. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 773, § 1, effective October 1; (2) amended, (SB 19-079), ch. 86, p. 316, § 16, effective July 1, 2021; (2) amended, (SB 19-079), ch. 86, p. 316, § 17, effective July 1, 2023. L. 2020: (2) amended, (HB 20-1183), ch. 157, p. 697, § 41, effective July 1; (1)(b) amended, (HB 20-1056), ch. 64, p. 262, § 2, effective September 14. L. 2021: IP(1)(a), (1)(a)(I), (1)(a)(IV), (1)(b), (2), and IP(4) amended, (5) repealed, and (6) added, (HB 21-1276), ch. 364, p. 2398, §§ 5, 6, and 7, effective July 1. L. 2022: (1)(b) amended and (7) added, (SB 22-027), ch. 265, p. 1933, § 1, effective May 27; (1)(b) amended, (HB 22-1115), ch. 397, p. 2824, § 1, effective August 10; (4)(f) amended, (HB 22- 1235), ch. 442, p. 3102, § 7, effective August 10. L. 2023: (4)(c) amended, (SB 23-167), ch. 261, p. 1533, § 28, effective May 25; (1)(b), (4)(e), and (4)(f) amended and (4)(g) added, (HB 23-1071), ch. 6, p. 17, § 2, effective August 7. L. 2024: (4)(e) amended and (4)(f) repealed, (SB 24-047), ch. 440, p. 3069, § 1, effective June 6. Editor's note: (1) This section is similar to former § 12-36-117.6 as it existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-079. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019. (3) Amendments to subsection (2) by sections 16 and 17 of SB 19-079 were harmonized, effective July 1, 2023. (4) Amendments to subsection (1)(b) by SB 22-027 and HB 22-1115 were harmonized. Cross references: For the legislative declaration in HB 21-1276, see section 1 of chapter 364, Session Laws of Colorado 2021. 12-30-109.5. Prescription drugs for treatment of chronic pain - patients - prescribers - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Carrier" has the same meaning as set forth in section 10-16-102 (8). (b) (I) "Chronic pain" means a pain that typically lasts three months or longer and may be the result of an underlying medical disease or condition, injury, medical treatment, inflammation, or unknown cause. "Chronic pain" is a pain state in which the cause of the pain often cannot be removed with reasonable medical efforts at the consent of the patient, or pain for which no cure can be found after reasonable medical efforts. Chronic pain may restrict the ability of individuals to work, care for themselves, and engage in basic life, social, and physical activities. Colorado Revised Statues Uncertified Printout 15 (II) Conditions associated with chronic pain may include, but are not limited to, cancer and the recovery period, sickle cell disease, noncancer pain, rare diseases, severe injuries, and health conditions requiring the provision of palliative care or hospice care. (III) Reasonable efforts for relieving or curing the cause of the chronic pain may be determined on the basis of, but are not limited to, the following: (A) When treating a nonterminally ill patient for chronic pain, an evaluation conducted by the treating health-care provider or a health-care provider specializing in pain medicine or treatment of the area, system, or organ of the body confirmed or perceived as the source of the chronic pain; or (B) When treating a terminally ill patient, an evaluation conducted by the treating health-care provider who conducts the evaluation in accordance with the standard of care and the level of care, skill, and treatment that would be recognized by a health-care provider under similar conditions and circumstances. (c) "Drug diversion" means the unlawful transfer of prescription drugs from a licit medical purpose to the illicit marketplace. (d) "Health-care provider" means a physician, a physician assistant, or an advanced practice registered nurse licensed pursuant to this title 12. (e) "Rare disease" means a disease, disorder, or condition that affects fewer than two hundred thousand individuals in the United States and is chronic, serious, life-altering, or life-threatening. (f) "Schedule II, III, IV, or V controlled substance" means a controlled substance as described in section 18-18-204, 18-18-205, 18-18-206, or 18-18-207, respectively. (2) Criteria for the evaluation and treatment of chronic pain. When treating a nonterminally ill patient, the evaluation of the patient and the treatment of the patient's chronic pain is governed by the following criteria: (a) A diagnosis of a condition causing chronic pain by the treating health-care provider or a health-care provider specializing in pain medicine or treatment of the area, system, or organ of the body confirmed or perceived as the source of the pain that is sufficient to meet the definition of chronic pain; and (b) The cause of the diagnosis of chronic pain must not interfere with medically necessary treatment, including but not limited to prescribing or administering a schedule II, III, IV, or V controlled substance. (3) Prescription and administration of controlled substances for chronic pain. (a) Notwithstanding any other provision of law, a health-care provider may prescribe, dispense, or administer a schedule II, III, IV, or V controlled substance to a patient in the course of the health-care provider's treatment of the patient for a diagnosed condition causing chronic pain. A health-care provider is not subject to disciplinary action by the regulator for appropriately prescribing, dispensing, or administering a schedule II, III, IV, or V controlled substance in the course of treatment of a patient for chronic pain if the health-care provider keeps accurate records of the purpose, use, prescription, and disposal of the controlled substance, writes accurate prescriptions, and prescribes medications in accordance with a legitimate medical purpose in the usual course of professional practice. (b) A health-care provider acting in good faith and based on the needs of the patient with a diagnosed condition causing chronic pain is not subject to discipline from the regulator solely for prescribing a dosage that equates to an upward deviation from morphine milligram equivalent dosage recommendations or from thresholds specified in state or federal opioid prescribing guidelines or policies. (c) A health-care provider treating a patient with chronic pain by prescribing, dispensing, or administering one or more schedule II, III, IV, or V controlled substances that include, but are not limited to, opioid analgesics shall not be required to taper a patient's medication dosage solely to meet a predetermined morphine milligram equivalent dosage recommendation or threshold if the patient is stable and compliant with Colorado Revised Statues Uncertified Printout 16 the treatment plan and is not experiencing serious harm from the level of medication currently being prescribed or previously prescribed. A decision to taper or maintain medication must include an individualized assessment of the patient's current medical condition and treatment plan, the risks and benefits of maintaining or tapering the patient's medication, and a discussion with the patient. (d) (I) A pharmacy, carrier, or pharmacy benefit manager shall not have a policy in place that requires the pharmacist to refuse to fill a prescription for an opiate issued by a health-care provider with the authority to prescribe opiates solely because the prescription is for an opiate or because the prescription order exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold. (II) A health-care practice or clinic in which a health-care provider is authorized to prescribe schedule II, III, IV, or V controlled substances shall not have a policy in place that requires the health-care provider to refuse to prescribe, administer, or dispense a prescription for an opiate solely because the prescription exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold. (e) Before treating a patient for chronic pain in accordance with this subsection (3), a health-care provider shall discuss with the patient or the patient's legal guardian, if applicable, the risks associated with the schedule II, III, IV, or V controlled substance to be prescribed or administered in the course of the health-care provider's treatment of the patient and document the discussion in the patient's record. (4) Limits on applicability. (a) This section does not apply to: (I) A health-care provider's treatment of a patient for a substance use disorder resulting from the use of a schedule II, III, IV, or V controlled substance; (II) The prescription or administration of a schedule II, III, IV, or V controlled substance to a patient whom the health-care provider knows to be using the controlled substance for nontherapeutic or drug diversion purposes; (III) The prescription, dispensing, or administration of a schedule II, III, IV, or V controlled substance for the purpose of terminating the life of a patient with chronic pain; or (IV) The prescription, dispensing, or administration of a schedule II, III, IV, or V controlled substance that is not a controlled substance approved by the federal food and drug administration for pain relief. (b) This section does not limit the powers and duties of the Colorado medical board pursuant to section 12-240-106 or the state board of nursing pursuant to section 12-255-107. Source: L. 2023: Entire section added, (SB 23-144), ch. 154, p. 659, § 1, effective May 4. 12-30-110. Prescribing or dispensing opioid antagonists - authorized recipients - definitions. (1) (a) A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, an opioid antagonist to: (I) An individual at risk of experiencing an opioid-related drug overdose event; (II) A family member, friend, or other person in a position to assist an individual at risk of experiencing an opioid-related drug overdose event; (III) An employee or volunteer of a harm reduction organization; (IV) A law enforcement agency or first responder; (V) A school district, school, or employee or agent of a school or an employee or agent of the school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus; (VI) A person described in section 25-20.5-1001; (VII) A unit of local government; Colorado Revised Statues Uncertified Printout 17 (VIII) An institution of higher education or an employee or agent of the institution of higher education; (IX) A library or an employee or agent of the library; (X) A community service organization or an employee or agent of the community service organization; (XI) A religious organization or an employee or agent of the religious organization; (XII) A local jail or an employee or agent of the local jail; (XIII) A multijurisdictional jail or an employee or agent of the multijurisdictional jail; (XIV) A municipal jail or an employee or agent of the municipal jail; (XV) A correctional facility or an employee or agent of the correctional facility; (XVI) A private contract prison or an employee or agent of the private contract prison; (XVII) A community corrections program or an employee or agent of the community corrections program; (XVIII) A pretrial services program or an employee or agent of the pretrial services program; (XIX) A probation department or an employee or agent of the probation department; (XX) A local public health agency or an employee or agent of the local public health agency; or (XXI) A mental health professional. (b) A person or entity described in subsection (1)(a) of this section may, pursuant to an order or standing orders and protocols: (I) Possess an opioid antagonist; (II) Furnish an opioid antagonist to a family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or (III) Administer an opioid antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opioid-related drug overdose event. (2) (a) A prescriber who prescribes or dispenses an opioid antagonist pursuant to this section is strongly encouraged to educate persons receiving the opioid antagonist on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist. (b) An entity described in subsection (1)(a) of this section is strongly encouraged to educate employees, agents, and volunteers, as well as persons receiving an opioid antagonist from the entity described in subsection (1)(a) of this section, on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist. (3) A prescriber described in subsection (7)(h) of this section does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121, 12-255-120, or 12-280-126, as applicable, if the prescriber issues standing orders and protocols regarding opioid antagonists or prescribes or dispenses, pursuant to an order or standing orders and protocols, an opioid antagonist in a good faith effort to assist: (a) An individual who is at risk of experiencing an opioid-related drug overdose event; (b) A family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or (c) A person or entity described in subsection (1)(a) of this section in responding to, treating, or otherwise assisting an individual who is experiencing or is at risk of experiencing an opioid-related drug overdose event or a friend, family member, or other person in a position to assist an at-risk individual. (3.5) (a) Notwithstanding any provision of this title 12 or rules implementing this title 12, a prescriber prescribing or dispensing an opioid antagonist in accordance with this section, other than a pharmacist or other Colorado Revised Statues Uncertified Printout 18 prescriber prescribing and dispensing from a prescription drug outlet or pharmacy, is not required to comply with laws relating to labeling, storage, or record keeping for the opioid antagonist. (b) A prescriber prescribing or dispensing an opioid antagonist exempted from labeling, storage, or record-keeping requirements pursuant to this subsection (3.5): (I) Does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240- 121 or 12-255-120, as applicable; and (II) Is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively. (4) (a) A prescriber who prescribes or dispenses an opioid antagonist in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively. (b) A person or entity described in subsection (1)(a) of this section acting in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1- 712 (2), respectively. (5) This section does not establish a duty or standard of care for prescribers regarding the prescribing, dispensing, or administering of an opioid antagonist. (6) Nothing in this section limits or otherwise affects the prescriptive authority of a health-care professional licensed under article 220, 275, 290, or 315 of this title 12. (7) As used in this section: (a) "Community corrections program" has the same meaning as set forth in section 17-27-102 (3). (a.3) "Community service organization" means a nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office that provides services to an individual at risk of experiencing an opioid-related drug overdose event or to the individual's family members, friends, or other persons in a position to assist the individual. (a.5) "Correctional facility" has the same meaning as set forth in section 17-1-102 (1.7). (a.7) "First responder" means: (I) A peace officer, as defined in section 16-2.5-101; (II) A firefighter, as defined in section 29-5-203 (10); (III) A volunteer firefighter, as defined in section 31-30-1102 (9); or (IV) An emergency medical service provider, as defined in section 25-3.5-103 (8). (b) "Harm reduction organization" means an organization that provides services, including medical care, counseling, homelessness services, or drug treatment, to individuals at risk of experiencing an opioid- related drug overdose event or to the friends and family members of an at-risk individual. (b.2) "Institution of higher education" means a public or nonpublic institution that awards any type of postsecondary certificate, degree, or other credential and is located in Colorado. (b.3) "Local jail" has the same meaning as set forth in section 17-1-102 (7). (b.4) "Local public health agency" means an agency established pursuant to section 25-1-506. (b.5) "Mental health professional" means a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under article 245 of this title 12. (b.7) "Multijurisdictional jail" has the same meaning as described in section 17-26.5-101. (b.8) "Municipal jail" has the same meaning as described in section 31-15-401 (1)(j). (c) "Opioid" has the same meaning as "opiate", as set forth in section 18-18-102 (21). Colorado Revised Statues Uncertified Printout 19 (d) "Opioid antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. "Opioid antagonist" includes an expired opioid antagonist. (e) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that: (I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined; (II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and (III) Requires medical assistance. (f) "Order" has the same meaning as set forth in section 12-280-103 (31). (g) "Pharmacist" means an individual licensed by the state pursuant to article 280 of this title 12 to engage in the practice of pharmacy. (h) "Prescriber" means: (I) A physician or physician assistant licensed pursuant to article 240 of this title 12; (II) An advanced practice registered nurse, as defined in section 12-255-104 (1), or a certified midwife, as defined in section 12-255-104 (3.2), with prescriptive authority pursuant to section 12-255-112; or (III) A pharmacist. (h.3) "Pretrial services program" has the same meaning as described in section 16-4-106. (h.7) "Private contract prison" has the same meaning as set forth in section 17-1-102 (7.3). (i) "Protocol" means a specific written plan for a course of medical treatment containing a written set of specific directions created by a physician, group of physicians, hospital medical committee, pharmacy and therapeutics committee, or other similar practitioners or groups of practitioners with expertise in the use of opioid antagonists. (i.5) "School" means an elementary or secondary public or nonpublic school whose governing authority has adopted and implemented a policy pursuant to section 22-1-119.1. (j) "Standing order" means a prescription order written by a prescriber that is not specific to and does not identify a particular patient. (k) "Unit of local government" has the same meaning as set forth in section 29-3.5-101 (4). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 774, § 1, effective October 1; (1)(a)(III), (1)(a)(IV), IP(1)(b), (2)(b), IP(3), (3)(c), and (4)(b) amended and (1)(a)(V), (1)(a)(VI), and (7)(i.5) added, (SB 19-227), ch. 273, p. 2583, § 14, effective October 1. L. 2020: IP(1)(b), (2)(b), (3)(c)(III), and (3)(c)(IV) amended and (3)(c)(V) and (7)(b.5) added, (HB 20-1206), ch. 304, p. 1525, § 5, effective July 14. L. 2021: (1)(a)(V), (1)(a)(VI), IP(1)(b), (2)(b), (3)(c)(IV), (3)(c)(V), and (4)(b) amended and (1)(a)(VII), (3)(c)(VI), and (7)(k) added, (SB 21-122), ch. 33, p. 135, § 1, effective April 15; IP(1)(a), (2)(a), IP(3), (4)(a), and (7)(h) amended, (SB 21-094), ch. 314, p. 1943, § 31, effective September 1. L. 2022: (1)(a)(VI), IP(1)(b), (2)(b), (3)(c), (4)(b), and (7)(a) amended and (1)(a)(VIII) to (1)(a)(XXI), (3.5), (7)(a.3), (7)(a.5), (7)(a.7), (7)(b.2), (7)(b.3), (7)(b.4), (7)(b.7), (7)(b.8), (7)(h.3), and (7)(h.7) added, (HB 22-1326), ch. 225, p. 1637, § 12, effective July 1; (4)(b) and (7)(b.5) amended, (HB 22-1307), ch. 207, p. 1371, § 1, effective August 10. L. 2023: (7)(h)(II) amended, (SB 23-167), ch. 261, p. 1533, § 29, effective May 25; (4)(b) amended, (HB 23-1301), ch. 303, p. 1818, § 14, effective August 7. L. 2024: IP(1)(a), (1)(a)(I), (1)(a)(II), (1)(b), (2), (3), (3.5)(a), IP(3.5)(b), (4)(a), (5), (7)(a.3), (7)(b), (7)(c), (7)(d), IP(7)(e), (7)(e)(II),and (7)(i) amended, (HB 24- 1037), ch. 458, p. 3166, § 9, effective June 6; (1)(a)(V) amended, (HB 24-1003), ch. 121, p. 396, § 5, effective August 7. Colorado Revised Statues Uncertified Printout 20 Editor's note: (1) Subsection (1)(a) is similar to former § 12-36-117.7 (1); subsection (1)(b) is similar to former § 12-42.5-120 (3)(d)(I); subsection (2)(a) is similar to former § 12-36-117.7 (2); subsection (2)(b) is similar to former § 12-42.5-120 (3)(d)(II); subsection (3) is similar to former § 12-36-117.7 (3); subsection (4)(a) is similar to former § 12-36-117.7 (4); subsection (4)(b) is similar to former § 12-42.5-120 (3)(d)(III); subsection (5) is similar to former § 12-36-117.7 (5); and subsection (7) is similar to former § 12-36-117.7 (6), as those sections existed prior to 2019. (2) Before its relocation in 2019, this section was amended in SB 19-227. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-227, chapter 273, Session Laws of Colorado 2019. (3) Amendments to subsection (4)(b) by HB 22-1326 and HB 22-1307 were harmonized. Cross references: (1) For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website. (2) For the legislative declaration in HB 24-1003, see section 1 of chapter 121, Session Laws of Colorado 2024. 12-30-111. Electronic prescribing of controlled substances - exceptions - rules - definitions. (1) (a) Except as provided in subsection (1)(b) of this section, on and after July 1, 2021, a prescriber shall prescribe a controlled substance, as defined in section 18-18-102 (5), that is included in schedule II, III, or IV pursuant to part 2 of article 18 of title 18, only by electronic prescription transmitted to a pharmacy unless: (I) At the time of issuing the prescription, electronic prescribing is not available due to technological or electrical failure; (II) The prescription is to be dispensed at a pharmacy that is located outside of this state; (III) The prescriber is dispensing the controlled substance to the patient; (IV) The prescription includes elements that are not supported by the most recent version of the National Council for Prescription Drug Programs SCRIPT Standard and 21 CFR 1311; (V) The federal food and drug administration or drug enforcement administration requires the prescription for the particular controlled substance to contain elements that cannot be satisfied with electronic prescribing; (VI) The prescription is not specific to a patient and allows dispensing of the prescribed controlled substance: (A) Pursuant to a standing order, approved protocol of drug therapy, or collaborative drug management or comprehensive medication management plan; (B) In response to a public health emergency; or (C) Under other circumstances that permit the prescriber to issue a prescription that is not patient- specific; (VII) The prescription is for a controlled substance under a research protocol; (VIII) The prescriber writes twenty-four or fewer prescriptions for controlled substances per year; Colorado Revised Statues Uncertified Printout 21 (IX) The prescriber is prescribing a controlled substance to be administered to a patient in a hospital, nursing care facility, hospice care facility, dialysis treatment clinic, or assisted living residence or to a person who is in the custody of the department of corrections; (X) The prescriber reasonably determines that the patient would be unable to obtain controlled substances prescribed electronically in a timely manner and that the delay would adversely affect the patient's medical condition; or (XI) The prescriber demonstrates economic hardship in accordance with rules adopted by the regulator pursuant to subsection (2)(b) of this section. (b) A prescriber who is a licensed dentist or who is practicing in a rural area of the state or in a practice consisting of only one prescriber shall comply with this subsection (1) on and after July 1, 2023. (2) The regulator for each prescriber subject to this section shall adopt rules: (a) Defining what constitutes a temporary technological or electrical failure for purposes of subsection (1)(a)(I) of this section; and (b) Defining economic hardship for purposes of subsection (1)(a)(XI) of this section and establishing: (I) The process for a prescriber to demonstrate economic hardship, including the information required to be submitted to allow the regulator to make a determination; (II) The period during which the economic hardship exception is effective, which period must not exceed one year; and (III) A process for a prescriber to apply to renew an economic hardship exception, including the information required to be submitted that demonstrates the prescriber's continuing need for the exception. (3) (a) This section does not: (I) Create a private right of action; (II) Serve as the basis of a cause of action; or (III) Establish a standard of care. (b) A violation of this section does not constitute negligence per se or contributory negligence per se. (4) As used in this section: (a) "Prescriber" means: (I) A dentist licensed pursuant to article 220 of this title 12; (II) A physician or physician assistant licensed pursuant to article 240 of this title 12; (III) An advanced practice registered nurse or certified midwife with prescriptive authority pursuant to section 12-255-112; (IV) An optometrist licensed pursuant to article 275 of this title 12; or (V) A podiatrist licensed pursuant to article 290 of this title 12. (b) "Rural area" means a county located in a nonmetropolitan area in the state that either: (I) Has no municipality within its territorial boundaries with fifty thousand or more permanent residents based upon the most recent population estimates published by the United States census bureau; or (II) Satisfies alternate criteria for the designation of a rural area as may be promulgated by the federal office of management and budget. Source: L. 2019: Entire section added, (SB 19-079), ch. 86, p. 316, § 18, effective October 1. L. 2023: (4)(a)(III) amended, (SB 23-167), ch. 261, p. 1533, § 30, effective May 25. Editor's note: This section is similar to §§ 12-32-107.7, 12-35-114.5, 12-36-117.9, 12-38-111.7, and 12-40-109.9 as added in SB 19-079. Those sections were superseded by the repeal and reenactment of this title Colorado Revised Statues Uncertified Printout 22 12, effective October 1, 2019. For the former sections in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019. 12-30-112. Health-care providers - required disclosures - balance billing - deceptive trade practice - rules - definitions. (1) As used in this section and section 12-30-113: (a) "Ancillary services" means: (I) Diagnostic services, including radiology and laboratory services, unless excluded by rule of the secretary of the United States department of health and human services pursuant to 42 U.S.C. sec. 300gg-132 (b)(3); (II) Items and services related to emergency medicine, anesthesiology, pathology, radiology, and neonatology, whether or not provided by a physician or nonphysician provider, unless excluded by rule of the secretary of the United States department of health and human services pursuant to section 2799B-2 (b)(3) of the federal "No Surprises Act"; (III) Items and services provided by assistant surgeons, hospitalists, and intensivists, unless excluded by rule of the secretary of the United States department of health and human services pursuant to section 2799B-2 (b)(3) of the federal "No Surprises Act"; (IV) Items and services provided by an out-of-network provider if there is no in-network provider who can furnish the needed services at the facility; and (V) Any other items and services provided by specialty providers as established by rule of the commissioner of insurance. (a.3) "Balance bill" has the same meaning as set forth in section 10-16-704 (19)(c). (a.5) "Carrier" has the same meaning as set forth in section 10-16-102 (8). (b) "Covered person" has the same meaning as defined in section 10-16-102 (15). (c) "Emergency services" has the same meaning as set forth in section 10-16-704 (19)(e). (c.5) "Federal 'No Surprises Act'" means the federal "No Surprises Act", Pub.L. 116-260, as amended. (d) "Geographic area" has the same meaning as set forth in section 10-16-704 (19)(h). (e) "Health benefit plan" has the same meaning as defined in section 10-16-102 (32). (f) "Medicare reimbursement rate" has the same meaning as set forth in section 10-16-704 (19)(k). (g) "Out-of-network provider" means a health-care provider that is not a participating provider. (h) "Participating provider" has the same meaning as set forth in section 10-16-102 (46). (2) On and after January 1, 2020, health-care providers shall develop and provide disclosures to consumers about the potential effects of receiving emergency or nonemergency services from an out-of-network provider. The disclosures must comply with the rules adopted pursuant to subsection (3) of this section. (3) The regulator, in consultation with the commissioner of insurance and the state board of health created in section 25-1-103, shall adopt rules that specify the requirements for health-care providers to develop and provide consumer disclosures in accordance with this section. The regulator shall ensure that the rules, at a minimum, comply with the notice and consent requirements in subsection (3.5) of this section and the federal "No Surprises Act". (3.5) (a) An out-of-network provider may balance bill a covered person for post-stabilization services in accordance with section 10-16-704 and covered nonemergency services in an in-network facility that are not ancillary services if: (I) The out-of-network provider provides written notice that the provider will balance bill a covered person at least seventy-two hours in advance of the date of service, if the appointment was scheduled at least seventy-two hours in advance, or at least three hours before the scheduled appointment, if the appointment was Colorado Revised Statues Uncertified Printout 23 made less than seventy-two hours in advance, in either paper or electronic format as selected by the covered person. The notice must be available in the fifteen most common languages in the geographic region in which the out-of-network provider is located. The notice must state: (A) If applicable, that the health-care provider is out of network with respect to the covered person's health benefit plan; (B) Effective upon the implementation date of the applicable federal rules, a good-faith estimate of the amount of the charges for which the covered person may be responsible; (C) That the estimate or consent to treatment does not constitute a contract for services; (D) If the facility is a participating provider and the health-care provider is an out-of-network provider, a list of participating providers at the facility who are able to provide the same services; (E) Information about whether prior authorization or other care management limitations may be required in advance of receiving the requested services; and (F) That consent to receive the services from an out-of-network provider is optional and that the covered person may seek services from a participating provider, in which case the cost-sharing responsibility of the covered person would not exceed the responsibility for in-network benefits under the covered person's health benefit plan; (II) The out-of-network provider obtains signed consent from the covered person that acknowledges that the covered person has been: (A) Provided with written notice of the covered person's financial responsibility, in the format and language selected by the covered person and within the applicable periods specified in subsection (3.5)(a)(I) of this section; and (B) Provided written notice that the payment by the covered person for health-care services provided by the out-of-network provider may not accrue toward meeting any limitation that the health benefit plan places on cost sharing, including an explanation that the payment may not apply to an in-network deductible. (b) If the notice in subsection (3.5)(a)(I) of this section is received within ten days before a scheduled service, the covered person may elect to use the out-of-network provider at the in-network benefit level, and the provider must be reimbursed for the services in accordance with section 10-16-704 (3)(d)(II). (c) The notice and consent required by this subsection (3.5) must include the date and the time at which the covered person received the written notice and the date on which the consent form was signed. The out-of- network provider shall provide a signed copy of the consent form to the covered person through regular or electronic mail. (d) An out-of-network provider that obtains a signed consent with respect to furnishing an item or service shall retain the signed consent for at least a seven-year period after the date on which such item or service is furnished. (3.7) [Editor's note: Subsection (3.7) is effective January 1, 2025.] An out-of-network provider shall not balance bill a covered person for services if the provisions of section 10-16-705 (4.5)(c)(II) apply. (4) Receipt of the disclosures required by this section does not waive a consumer's protections under section 10-16-704 (3) or (5.5) or the consumer's right to benefits under the consumer's health benefit plan at the in-network benefit level for all covered services and treatment received. (5) This section does not apply to service agencies, as defined in section 25-3.5-103 (11.5), that are publicly funded fire agencies. (6) A violation of this section is a deceptive trade practice pursuant to section 6-1-105 (1)(xxx). Colorado Revised Statues Uncertified Printout 24 Source: L. 2019: Entire section added, (HB 19-1174), ch. 171, p. 1995, § 8, effective January 1, 2020. L. 2022: IP(1), (1)(a), (1)(c), (1)(d), (1)(f), (1)(g), and (3) amended and (1)(a.3), (1)(a.5), (1)(c.5), (1)(h), and (3.5) added, (HB 22-1284), ch. 446, p. 3144, § 4, effective August 10. L. 2023: (6) added, (SB 23-093), ch. 152, p. 649, § 9, effective May 4; (1)(a)(V) amended, (HB 23-1301), ch. 303, p. 1819, § 15, effective August 7. L. 2024: (3.7) added, (SB 24-093), ch. 41, p. 148, § 2, effective January 1, 2025. Editor's note: Section 5(2) of chapter 41 (SB 24-093), Session Laws of Colorado 2024, provides that the act changing this section applies to health benefit plans issued on or after January 1, 2025. 12-30-113. Out-of-network health-care providers - out-of-network services - billing - payment - deceptive trade practice. (1) If an out-of-network health-care provider provides emergency services or covered nonemergency services to a covered person at an in-network facility, the out-of-network provider shall: (a) Submit a claim for the entire cost of the services to the covered person's carrier; and (b) Not bill or collect payment from a covered person for any outstanding balance for covered services not paid by the carrier, except for the applicable in-network coinsurance, deductible, or copayment amount required to be paid by the covered person. (2) (a) If an out-of-network health-care provider provides covered nonemergency services at an in- network facility or emergency services at an out-of-network or in-network facility and the health-care provider receives payment from the covered person for services for which the covered person is not responsible pursuant to section 10-16-704 (3)(b) or (5.5), the health-care provider shall reimburse the covered person within sixty calendar days after the date that the overpayment was reported to the provider. (b) An out-of-network health-care provider that fails to reimburse a covered person as required by subsection (2)(a) of this section for an overpayment shall pay interest on the overpayment at the rate of ten percent per annum beginning on the date the provider received the notice of the overpayment. The covered person is not required to request the accrued interest from the out-of-network health-care provider in order to receive interest with the reimbursement amount. (3) An out-of-network health-care provider shall provide a covered person a written estimate of the amount for which the covered person may be responsible for covered nonemergency services within three business days after a request from the covered person. (4) (a) An out-of-network health-care provider must send a claim for a covered service to the carrier within one hundred eighty days after the receipt of insurance information in order to receive reimbursement as specified in this subsection (4)(a). The reimbursement rate is the greater of: (I) One hundred ten percent of the carrier's median in-network rate of reimbursement for that service provided in the same geographic area; or (II) The sixtieth percentile of the in-network rate of reimbursement for the same service in the same geographic area for the prior year based on claims data from the all-payer health claims database described in section 25.5-1-204. (b) If the out-of-network health-care provider submits a claim for covered services after the one- hundred-eighty-day period specified in subsection (4)(a) of this section, the carrier shall reimburse the health- care provider one hundred twenty-five percent of the medicare reimbursement rate for the same services in the same geographic area. (c) The health-care provider shall not bill a covered person any outstanding balance for a covered service not paid for by the carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person. Colorado Revised Statues Uncertified Printout 25 (5) A health-care provider may initiate arbitration pursuant to section 10-16-704 (15) if the health-care provider believes the payment made pursuant to subsection (4) of this section is not sufficient. (6) A violation of this section is a deceptive trade practice pursuant to section 6-1-105 (1)(xxx). Source: L. 2019: Entire section added, (HB 19-1174), ch. 171, p. 1997, § 8, effective January 1, 2020. L. 2020: (4)(a) amended, (SB 20-043), ch. 21, p. 78, § 2, effective March 11. L. 2023: (6) added, (SB 23-093), ch. 152, p. 649, § 10, effective May 4. Cross references: (1) For definitions applicable to this section, see § 12-30-112. (2) For the legislative declaration in SB 20-043, see section 1 of chapter 78, Session Laws of Colorado 2020. 12-30-114. Demonstrated competency - opiate prescribers - rules - definition. (1) (a) The regulator for each licensed health-care provider, in consultation with the center for research into substance use disorder prevention, treatment, and recovery support strategies created in section 27-80-118, shall promulgate rules that require each licensed health-care provider, as a condition of renewing, reactivating, or reinstating a license on or after October 1, 2022, to complete up to four credit hours of training per licensing cycle in order to demonstrate competency regarding: (I) Best practices for opioid prescribing, according to the most recent version of the division's guidelines for the safe prescribing and dispensing of opioids; (II) The potential harm of inappropriately limiting prescriptions to chronic pain patients; (III) Best practices for prescribing benzodiazepines; (IV) Recognition of substance use disorders; (V) Referral of patients with substance use disorders for treatment; and (VI) The use of the electronic prescription drug monitoring program created in part 4 of article 280 of this title 12. (b) The rules promulgated by each regulator shall exempt a licensed health-care provider who: (I) Maintains a national board certification that requires equivalent substance use prevention training; or (II) Attests to the regulator that the health-care provider does not prescribe opioids. (2) For the purposes of this section, "licensed health-care provider" includes any of the following providers who are licensed pursuant to this title 12: (a) A physician; (b) A physician assistant; (c) A podiatrist; (d) A dentist; (e) An advanced practice registered nurse or certified midwife with prescriptive authority; (f) An optometrist; and (g) A veterinarian. Source: L. 2019: Entire section added, (SB 19-228), ch. 276, p. 2609, § 14, effective October 1. L. 2021: (1)(a) amended, (HB 21-1276), ch. 364, p. 2399, § 8, effective July 1. L. 2022: (1) amended, (SB 22- 143), ch. 103, p. 483, § 1, effective August 10. L. 2023: (2) amended, (SB 23-167), ch. 261, p. 1534, § 31, effective May 25. Colorado Revised Statues Uncertified Printout 26 Cross references: For the legislative declaration in HB 21-1276, see section 1 of chapter 364, Session Laws of Colorado 2021. 12-30-115. Required disclosure to patients - conviction of or discipline based on sexual misconduct - signed agreement to treatment - exceptions - violation grounds for discipline - rules - definitions. (1) As used in this section: (a) "Patient" means a person who is seeking or receiving health-care services from a provider. The term includes the parent, legal guardian, or custodian of a patient who is a minor under eighteen years of age or a patient who lacks the legal capacity to consent. (b) "Provider" means a licensee, certificate holder, or registrant who is subject to the requirements of section 12-30-102. (2) On or after March 1, 2021, a provider shall disclose to patients any: (a) Final conviction of or acceptance of a guilty plea by a court for a sex offense, as defined in section 16-11.7-102 (3); or (b) Final agency action by a regulator that results in probationary status or other limitation on the provider's ability to practice the provider's health-care profession when the final agency action is based in whole or in part on any of the following: (I) A conviction of or acceptance of a guilty plea by a court for a sex offense, as defined in section 16- 11.7-102 (3), or a finding that the provider committed a sex offense as defined in said section; or (II) A finding that the provider engaged in unprofessional conduct or other conduct that is grounds for discipline under the part or article of this title 12 that regulates the provider's health-care profession, where the failure or conduct is related to, includes, or involves sexual misconduct that results in harm to a patient or presents a significant risk of public harm to patients. (3) (a) Except as provided in subsection (4) of this section, a provider shall provide the disclosure specified in subsection (2) of this section to the patient in writing, in the form and manner specified by the regulator by rule, before providing professional services to the patient. (b) For a disclosure of final agency action, the provider shall include the following information, at a minimum, in the written disclosure: (I) The type, scope, and duration of the agency action imposed, including whether: (A) The regulator and provider entered into a stipulation; (B) The agency action resulted from an adjudication decision; (C) The provider was placed on probation and, if so, the duration and terms of the probation; and (D) The regulator imposed any limitations on the provider's practice and, if so, a description of the specific limitations and the duration of the limitations; (II) The nature of the offense or conduct, including the grounds for probation or practice limitations specified in the final agency action; (III) The date the final agency action was issued; (IV) The date the probation status or practice limitation ends; and (V) The contact information for the regulator that imposed the agency action on the provider for the patient to obtain additional information, including information on how to file a complaint. (c) For a disclosure of a final conviction of or acceptance of a guilty plea by a court for a sex offense, as defined in section 16-11.7-102 (3), the provider shall include the following information, at a minimum, in the written disclosure: (I) The date that the final judgment of conviction or acceptance of a guilty plea was entered; Colorado Revised Statues Uncertified Printout 27 (II) The nature of the offense or conduct that led to the final conviction or guilty plea; (III) The type, scope, and duration of the sentence or other penalty imposed as a result of the final conviction or guilty plea, including whether: (A) The provider entered a guilty plea or was convicted pursuant to a criminal adjudication; and (B) The provider was placed on probation and, if so, the duration and terms of the probation and the date the probation ends; and (IV) The jurisdiction that imposed the final conviction or issued an order approving the guilty plea. (d) Before treating a patient after a final conviction, guilty plea, or final agency action described in subsection (2) of this section has been imposed or accepted by a court, as applicable, the provider shall obtain the patient's agreement to treatment and acknowledgment of receipt of the d