DEPARTMENT OF REGULATORY AGENCIES Board of Medical Examiners Rule 155 COLORADO STATE BOARD OF MEDICAL EXAMINERS RULES AND REGULATIONS REGARDING THE IMPOSITION OF ADMINISTRATIVE FINES PURSUANT TO THE MICHAEL SKOLNIK MEDICAL TRANSPARENCY ACT.

3 CCR 713-35 [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 set forth the procedures for imposition of an administrative fine pursuant to § 12-36-111.6(7), C.R.S. Rules and Regulations Introduction:

The Board may impose an administrative fine not to exceed five thousand dollars against any applicant who fails to comply with the requirements of the Michael Skolnik Medical Transparency Act, § 12-36- 111.5, C.R.S. (the “Transparency Act” ). An “applicant” within the meaning of the Transparency Act is any physician who has applied for an initial license to practice medicine in Colorado, who has applied to reactivate or reinstate an inactive or expired license to practice medicine in Colorado or who has applied to renew an existing license to practice medicine in Colorado. 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 imposition of an administrative fine does not preclude the Board from pursuing disciplinary action pursuant to § 12-36-118, C.R.S. against a Physician who fails to comply with the requirements of the Transparency Act. The administrative fine may be in lieu of or in addition to any disciplinary action. Payment of an administrative fine does not exempt the Physician from compliance with the Transparency Act.

Procedure:

When a Physician fails to comply with the requirements of the Transparency Act, the Board, its Program Director or the Program Director’s designee may issue an Order of Administrative Fine in an amount not to exceed five thousand dollars. The Order of Administrative Fine shall be sent by first-class mail, postage prepaid, to the Physician’s address of record with the Board. The Order of Administrative Fine shall set forth a statement of the general nature of the issues underlying the imposition of the administrative fine. The Order of Administrative Fine shall inform the Physician that the Board may not issue a license to or renew, reinstate, or reactivate the license of a Physician who has failed to pay the administrative fine. An administrative fine is not a disciplinary action. A Physician wishing to contest the imposition of an administrative fine must request an administrative hearing within thirty (30) days of the date on which the Order of Administrative Fine is mailed. Any administrative hearing requested shall conform with § 24-4- 105, C.R.S. and shall occur in the Office of Administrative Courts. Any exceptions filed pursuant to § 24- 4-105(14) and (15), C.R.S. would be reviewed by a hearings panel of the Board. Payment of an administrative fine does not exempt the Physician from compliance with the requirements of the Transparency Act.

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