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 SKOLNIK 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 applies to any physician 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.” Pursuant to § 12-36-111.5(6), C.R.S. of the Transparency Act, a Physician must timely report any updated information and provide accompanying documents. Generally, such information and documents must be provided to the Board within thirty days of the date of the reportable event, except as provided in these Rules.

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 and to provide updated documents within thirty days of any given action.

2. If the required document cannot be obtained at the time the initial profile must be posted under the Transparency Act or within thirty days of the date of an event requiring an updated profile and the Physician has made documented reasonable efforts to obtain the required document, the Physician shall provide an affidavit to the Board and shall include the affidavit with the Physician’s profile until such time as the document becomes available.

1. a. The affidavit shall be true and complete, shall utilize a form approved by the Board, and shall contain the following information:
   1. (i) a description of the efforts the Physician has made to obtain the document;
   2. (ii) an attestation that the document is not currently available;
   3. (iii) a description of the information contained in the document based upon the Physician’s knowledge and belief; and (iv) an affirmative statement that the Physician shall make continuing reasonable efforts to ascertain the availability of the required document in the future, and that the Physician shall provide such document to the Board within thirty (30) days of the date on which the Physician learns that the document has become available.
2. b. Upon its own motion or in response to a complaint, the Board may review an affidavit to determine whether the Physician has adequately demonstrated that the document is not available or whether the Physician has appropriately complied with this Rule. Failure to comply with this Rule shall constitute unprofessional conduct pursuant to § 12-36-117(1) (u), C.R.S.

3. The filing of an affidavit in accordance with these rules does not exempt the Physician from completing a profile and 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.

_____________________________________________________ Editor’s Notes History Entire Rule eff. 12/30/2007. Entire Rule eff. 01/31/2009.