DEPARTMENT OF REGULATORY AGENCIES Board of Medical Examiners RULE 150 COLORADO STATE BOARD OF MEDICAL EXAMINERS RULES AND REGULATIONS REGARDING THE REQUIREMENT THAT LICENSED PHYSICIANS TIMELY UPDATE INFORMATION REQUIRED BY THE MICHAEL SKILNIK MEDICAL TRANSPARENCY ACT 3 CCR 713-34 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] Introduction Basis: The authority for the promulgation of these rules and regulations by the Colorado State Board of Medical Examiners is set forth in § 12-36-104(1)(a), C.R.S. Purpose: The purpose of these rules and regulations is to clarify requirements surrounding the updating and submission of information required by the Michael Skolnik Medical Transparency Act, § 12-36-111.5, C.R.S. (the “Transparency Act” ).

Rules and Regulations Introduction:

The Transparency Act requires that any person licensed by the Board to practice medicine in the state of Colorado ensure that the information required by the Transparency Act is current and report any updated information and provide copies of the required documentation to the Board within thirty days of the date of the action described in the Transparency Act or as otherwise determined by the Board by Rule. The Transparency Act applies to any applicant whose application for initial licensure, licensure reactivation, licensure reinstatement or licensure renewal is received by the Board on or after January 1, 2008. These Rules shall refer to an “applicant” as a “Physician.”

The purpose of these Rules is to set forth circumstances under which a Physician may be exempt from certain requirements under the Transparency Act to provide documentation to the Board. Requirements:

1. The Transparency Act requires the Physician to report several enumerated types of information to the Board, and requires the Physician to provide several specified types of documents in connection with an application for initial licensure, licensure reactivation, licensure reinstatement or licensure renewal. It also requires the Physician thereafter to update the Board regarding the enumerated types of information to the Board and to provide updated documents within thirty days of any given action.

2. If required documents relate to an action that occurred years ago and cannot reasonably be obtained in a timely fashion, a Physician may request an extension of time from the Board’s Program Director or the Program Director’s designee to provide the documentation. If upon further documented effort that the required document(s) still cannot be obtained, the Physician may request an exemption from the Board’s Program Director or the Program Director’s designee from the requirement to provide the documentation.

3. An extension of time to produce a required document or an exemption from the requirement to produce a document does not exempt the Physician from reporting the action to the Board as required by the Transparency Act. The Physician shall make a good faith effort to assure the accuracy of the information posted regarding the action. Where exact dates are not available to the Physician, the Physician shall provide a reasonable estimation.

4. For purposes of reporting a conviction of a crime pursuant to § 12-36-111.5(3)(f), C.R.S., a Physician must report such a conviction within thirty days of the entry of judgment and sentence.

5. The pendency of an appeal of any criminal, civil, administrative or peer review action shall not exempt a Physician from the reporting requirements of § 12-36-111.5, C.R.S. If a criminal, civil, administrative or peer review action is reversed on appeal, the Board shall update the Physician’s information pursuant to § 12-36-111.5(6), C.R.S.

Adopted 11/15/07; Effective 12/30/07 _____________________________________________________ Editor’s Notes History New Rule eff. 12/30/2007.