DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board RULE 295 - CONFIDENTIAL AGREEMENTS 3 CCR 713-38 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] BASIS: The authority for the promulgation of these rules and regulations by the Colorado Medical Board (“Board” ) is set forth in sections 12-36-104(1)(a) and 12-36-118.5, C.R.S. PURPOSE: The Colorado Board of Medical Examiners (“Board” ) finds that immediate adoption of this rule is imperatively necessary to comply with state law, specifically House Bill 10-1260 signed by the Governor on June 10, 2010. The Board further finds that compliance with the requirements of §24-4-103, C.R.S., applicable to non-emergency rules, would be contrary to the public interest. Specifically, the purpose of this emergency rule is to conform to House Bill 10-1260. The purpose of these rules and regulations is to establish and clarify the notification requirements surrounding reporting to the Board a physical or mental illness or conduction that impacts a licensee’s ability to practice with reasonable skill and safety.

1. A licensee, as defined in section 12-36-106(6), C.R.S., means any physician or physician assistant who is licensed by the Board (hereinafter “licensee” ).

2. Within thirty (30) days from the date a physical or mental illness or condition impacts a licensee’s ability to perform a medical service with reasonable skill and safety, the licensee shall provide the Board, in writing, the following information:

1. a. The diagnosis and a description of the illness or condition;
2. b. The date that the illness or condition was first diagnosed;
3. c. The name of the current treatment provider and documentation from the current treater confirming the diagnosis, date of onset, and treatment plan;
4. d. A description of the licensee’s practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition; and e. Whether the licensee has been evaluated by, or is currently receiving services from the Colorado physician health program related to the illness or condition and, if so, the date of initial contact and whether services are ongoing.

3. The licensee shall further notify the Board of any significant change of the illness or condition (“change of condition” ) that impacts the licensee’s ability to perform a medical service with reasonable skill and safety. The licensee must notify the Board of a positve or negative change of condition. Such notification shall occur within thirty (30) days of the change of condition. The licensee shall provide the Board, in writing, the following information:

1. a. The date of the change of condition;
2. b. The name of the current treatment provider and documentation from the current treatment provider confirming the change of condition, the date that the condition changed, the nature of the change of condition, and the current treatment plan;
3. c. A description of the licensee’s practice and any modifications, limitations or restrictions to that practice that have been made as a result of the change of condition; and d. Whether the licensee has been evaluated by, or is currently receiving services from, the Colorado physician health program related to the change of condition and, if so, the date of initial contact and whether services are ongoing.

4. Compliance with this rule is a prerequisite for eligibility to enter into a confidential agreement with the Board pursuant to 12-36-118.5, C.R.S. However, mere compliance with this rule does not require the Board to enter into a confidential agreement. Rather, the Board will evaluate all facts and circumstances to determine if a confidential agreement is appropriate.

5. If the Board discovers that a licensee has a mental or physical illness or condition that impacts the licensee’s ability to perform a medical service with reasonable skill and safety and the licensee has not timely notified the Board of such illness or condition, the licensee shall not be eligible for a confidential agreement and may be subject to disciplinary action pursuant to §12-36-117(1)(o), C.R.S.

Adopted 6/22/10; Effective 7/1/10 _____________________________________________________ Editor’s Notes History Entire emer. rule eff. 07/01/2010.