3 CCR 713-23
DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board Rule 330 - DESIGNATION OF GROUP MEDICAL PRACTICES AND THE CORRESPONDING GRANT OF IMMUNITY 3 CCR 713-23 [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(5), C.R.S. B. PURPOSE. These rules have been adopted by the Board to: 1. Establish standards for the designation of Group Medical Practices authorized by the Board to establish professional review committees in order that such Group Medical Practices will be entitled to the immunities and confidentiality 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 Group Medical Practices to openly, honestly, and effectively study and review the conduct of practice by persons affiliated with those Group Medical Practices, including the quality of service rendered by those members. 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 peers in the medical profession.
In order to be designated a Group Medical Practice authorized to establish a professional review committee pursuant to Section 12-36.5-104(5), C.R.S., and entitled to the immunities provided by Section 12-36.5-101, et. seq. , C.R.S., such Group Medical Practice must comply with the following: 1. The members of the Group Medical Practice are licensed to practice medicine and residing in the State of Colorado.
2. “Group Medical Practice” means an entity which is organized to practice medicine pursuant to Section 12-36-134, C.R.S., and which is comprised of at least 25 physicians. It shall be an entity that provides health care services and that follows a formal peer review process for the purpose of furthering quality health care. A professional review committee of a Group Medical Practice shall have jurisdiction to review only physicians who are employees of the Group Medical Practice which created and authorized the committee or who have entered into a contractual relationship with the Group Medical Practice. 3. Any professional review action taken by the Group Medical Practice affecting the affiliation of a physician with the Group Medical Practice 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 4. If, after the professional review committee has reported to the Board in accordance with Section 12-36.5-104(7)(f), C.R.S., the Board determines, after initial review, consideration, or investigation, that the alleged conduct of the physician member of the Group Medical Practice does not involve a violation of the provisions of the Colorado Medical Practice Act, Section 12-36-101, et. seq. , C.R.S., the reports or information submitted by the professional review committee of the Group Medical Practice 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 Group Medical Practice shall be entitled to protection against release or disclosure consistent with state and federal law.
Effective Date: 6/30/96; Revised 08/19/10; Effective 10/15/10 _____________________________________________________ Editor’s Notes History Entire Rule eff. 10/15/2010.