DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board Rule 310 - DESIGNATION OF PROFESSIONAL LIABILITY INSURERS 3 CCR 713-15 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] INTRODUCTION A. Basis. The authority for promulgation of rules and regulations by the Colorado Medical Board (“Board” ) is set forth in Sections 24-4-103, 12-36-104(1)(a), and 12-36.5-104(4)(f), C.R.S.

B. Purpose. These rules have been adopted by the Board to:

1. 1. Establish standards for the designation of professional liability insurers by the Board in order that such insurers will be entitled to the immunities provided by Section 12-36.5-101, et
   1. seq. , C.R.S.;
2. 2. Effectuate the legislative policy set forth in Section 12-36.5-101, et seq. , C.R.S., by encouraging professional liability insurers to openly, honestly, and effectively study and review the conduct of practice by physicians who are, or seek to be, provided professional medical liability coverage by the insurer;
3. 3. Enable the Board 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 professional liability insurers.

RULES AND REGULATIONS REGARDING THE DESIGNATION OF PROFESSIONAL LIABILITY INSURERS AND THE CORRESPONDING GRANT OF IMMUNITY In order to be designated a professional liability insurer under C.R.S. 12-36.5-104(4)(f) and enjoy the immunities provided by Section 12-36.5-101, et seq. , C.R.S., such insurer must show that:

1. it is a professional liability insurer authorized to do business in Colorado under the provisions of Section 10-3-105, C.R.S.;

2. its procedures for professional reviews conform with state and federal law, including the procedures set forth in the Colorado Peer Review Statutes, Sections 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 3. it acknowledges and agrees to comply with a standing request on the part of the Board, 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 not later than sixty (60) days following the final action of the governing board or the insured’s withdrawal of any request for professional liability coverage.

4. In the event that the Board determines, after initial review, consideration or investigation, that the alleged conduct of the physician under review 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 3 and related documents or proceedings of the Board shall be confidential and not subject to public inspection or disclosure.

5. Records submitted to the Board by a peer review committee of a designated professional liability insurer shall be entitled to protection against release or disclosure consistent with state and federal law.

Effective: 3/1/92; Revised 08/19/10; Effective 10/15/10 _____________________________________________________ Editor’s Notes History Entire Rule eff. 10/15/2010.