INTRODUCTION A. Basis.

The authority for promulgation of rules and regulations by the Colorado State Board of Medical Examiners is set forth in Section 12-36-104(1)(a), C.R.S. (1985), and Section 12-36.5-104(5), C.R.S. B. Purpose.

These rules have been adopted by the Colorado State Board of Medical Examiners to: 1. Establish standards for the designation of component medical societies by the State Board of Medical Examiners in order that such societies will be entitled to the immunities provided by Section 12- 36.5-101, et seq., C.R.S.;

2. Effectuate the legislative policy set forth in Section 12-36.5-101, et seq., C.R.S., by encouraging members of component societies to openly, honestly, and effectively study and review the conduct of practice by members of those societies, including the quality of service rendered by those members;

3. Enable the Colorado State Board of Medical Examiners to more effectively regulate the conduct of the practice of medicine by encouraging the prompt, accurate, and complete reporting of instances of unprofessional conduct by peers in the medical profession. RULES AND REGULATIONS REGARDING THE DESIGNATION OF COMPONENT MEDICAL SOCIETIES AND THE CORRESPONDING GRANT OF IMMUNITY In order to be designated a component medical society or association entitled to the immunities provided by Section 12-36.5-101, et seq., C.R.S., such medical society or association must show that: 1. the members of the society or association are licensed to practice medicine and residing in the State of Colorado;

2. the society or association is a component medical society chartered by a statewide society or association which is statutorily designated as a professional review organization pursuant to C.R.S. 12-36.5-104(4)(d);

3. any professional review action taken by the society or association against the membership status of a member will be taken in conformity with state and federal law, including the procedures set forth in the Colorado Peer Review Statutes, Section 12-36.5-101, et seq., C.R.S., and the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101, et seq.; and 4. It acknowledges and agrees to comply with a standing request on the part of the Board of Medical Examiners, pursuant to C.R.S. 12-36.5-104(11), for a complete record of all professional review proceedings in which an allegation of unprofessional conduct, as defined in C.R.S. 12-36-117, has been made. Said record of proceedings shall be sent to the Board of Medical Examiners not later than sixty (60) days following the final action of the governing board or the surrender of membership by the physician under review.

In the event that the Board determines, after initial review, consideration, or investigation, that the alleged conduct of the physician member of the society or association does not involve a violation of the provisions of the Colorado Medical Practice Act, C.R.S. 12-36-101, et seq., the reports or information submitted pursuant to paragraph 4 and related documents or proceedings of the Board shall be confidential and not subject to public inspection or disclosure.