DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board Rule 340 - DESIGNATION OF GROUP MEDICAL PRACTICE AFFILIATIONS AUTHORIZED TO ESTABLISH PROFESSIONAL REVIEW COMMITTEES 3 CCR 713-25 [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 Practice Affiliations authorized by the Board to establish professional review committees in order that such Group Medical Practice Affiliations 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 a Group Medical Practice Affiliation to openly, honestly and effectively study and review the conduct of practice by persons affiliated with the Group Medical Practice so affiliated, including the quality of service rendered by those members; and 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.

RULES AND REGULATIONS REGARDING THE DESIGNATION OF GROUP MEDICAL PRACTICE AFFILIATIONS AND THE CORRESPONDING GRANT OF IMMUNITY In order to be designated a Group Medical Practice Affiliation 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 Affiliation must comply with the following:

1. Each professional corporation which is a member of the Group Medical Practice Affiliation shall ensure that all its employed or contracted physicians are licensed to practice medicine and residing in the State of Colorado.

2. “Group Medical Practice Affiliation” shall mean an entity which is comprised of four or more “members” which are professional corporations, as defined by Section 12-36-134, C.R.S. The aggregate number of physicians employed by, or under contract with, the member professional corporations shall be not less than one hundred physicians. The Affiliation shall be organized for the purpose of risk management and/or quality assurance and shall be enrolled in a program under the sponsorship of a Colorado Professional Liability Insurer creating reduced premium incentives for improved professional performance. A professional review committee of a Group Medical Practice Affiliation shall have jurisdiction to review only physicians who are employees or who have entered into a contractual relationship with one of the professional corporations which are members of the Group Medical Practice Affiliation.

3. Any professional review action taken by the Group Medical Practice Affiliation affecting the affiliation of a physician with one of the member professional corporations 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. Upon issuing its recommendation to the entity’s governing board for final action, the professional review committee shall also forward a copy of its recommendation to the Board in accordance with Section 12-36.5-104(7)(f), C.R.S. If the Board determines, after initial review, consideration or investigations that the alleged conduct of the physician member of the member professional corporation 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 of information submitted by the professional review committee of the Group Medical Practice Affiliation and related documents or proceedings of the Board shall be confidential and not subject to the public inspection or disclosure.

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

Effective: 03/30/97; Revised 08/19/10; Effective 10/15/10 _____________________________________________________ Editor’s Notes History Entire Rule eff. 10/15/2010.