DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board RULE 145 – EMERGENCY RULES AND REGULATIONS REGARDING TEMPORARY LICENSURE 3 CCR 713-45 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 45.1 INTRODUCTION A. Basis: Through Executive Order D 2021 080, Governor Jared Polis temporarily suspended the emergency rulemaking authorities for the Colorado Medical Board (“Board”) set forth in section 24-1-122(3)(m)(I), C.R.S., and directed the Executive Director of DORA, through the Director of the Division of Professions and Occupations (Division Director), to promulgate and issue temporary emergency rules consistent with the Executive Order. The basis for these emergency rules is Executive Order D 2021 080 issued by Governor Jared Polis pursuant to the State of Emergency Declaration found in Executive Orders D 2020 003, D 2020 018, D 2020 032, D 2020 058, D 2020 076, D 2020 109, D 2020 125, D 2020 152, D 2020 176, D 2020 205, D 2020 234, D 2020 258, D 2020 264, D 2020 268, D 2020 284, D 2020 290, D 2020 296, D 2021 009, D 2021 022, D 2021 028, D 2021 045, D 2021 061, D 2021 068, and D 2021 087, Article IV, Section 2 of the Colorado Constitution, and the Colorado Disaster Emergency Act, sections 24-33.5-701, et. seq., C.R.S.

B. These Emergency Rules are adopted by the Executive Director of the Department of Regulatory Agencies, through the Division Director, to effectuate Executive Order D 2021 080 directing the immediate expansion of the workforce of trained medical personnel available to provide healthcare services within inpatient facilities due to the coronavirus disease 2019 (COVID-19) pandemic in Colorado.

45.2 TEMPORARY LICENSURE A. Beginning April 27, 2021, the Board will cease granting temporary licensure to an applicant that is a new graduate of an approved physician assistant program who meets all qualifications for licensure with the exception of successful completion of the required examination as set forth in section 12-240-113(1), C.R.S.

1. Physician assistant applicants granted temporary licensure on or after December 28, 2020, shall cease practice on July 1, 2021, if a full license to practice as a physician assistant in Colorado has not been granted.

2. Physician assistant applicants practicing under this temporary license effective through June 30, 2021, shall practice under the direct supervision of a Colorado licensed physician in good standing during the entire term of the temporary licensure. 3. For the purpose of this emergency rule, “direct supervision” means the Colorado licensed physician must be on the premises with the temporary physician assistant licensee and immediately available to respond to an emergency or provide assistance. 4. For the purpose of this emergency rule, “premises” means within the same building, office or facility and within the physical proximity to establish direct contact with the patient should the need arise.

1 CODE OF COLORADO REGULATIONS 3 CCR 713-45 Colorado Medical Board 5. Once the temporary licensee successfully completes the statutorily required examination, the temporary licensee must immediately submit an application and the required fee for full licensure.

6. This temporary license expires June 30, 2021, is not renewable, and does not create a property interest for the holder of the temporary license. 7. The temporary licensee may be subject to discipline by the Board as defined in section 12-240-101, et seq., C.R.S.

B. Beginning April 27, 2021, the Board will cease granting temporary licensure to an applicant that is a new graduate of an approved anesthesiologist assistant program who meets all qualifications for licensure with the exception of successful completion of the required examination as set forth in section 12-240-112(1), C.R.S.

1. Anesthesiologist assistant applicants granted temporary licensure on or after December 28, 2020, shall cease practice on July 1, 2021, if a full license to practice as an anesthesiologist assistant in Colorado has not been granted. 2. Anesthesiologist assistant applicants practicing under temporary licensure effective through June 30, 2021, shall practice under the direct supervision of a Colorado licensed physician, practicing as an anesthesiologist, whose license is in good standing. This supervision is required during the entire term of the temporary licensure. 3. For the purpose of this emergency rule, “direct supervision” means the Colorado licensed physician must be on the premises with the temporary anesthesiologist assistant licensee and immediately available to respond to an emergency or provide assistance. 4. For the purpose of this emergency rule “premises” means within the same building, office or facility and within the physical proximity to establish direct contact with the patient should the need arise.

5. Once the temporary licensee successfully completes the statutorily required examination, the temporary licensee must immediately submit an application and the required fee for full licensure.

6. This temporary license expires on June 30, 2021, is not renewable, and does not create a property interest for the holder of the temporary license. 7. The temporary licensee may be subject to discipline by the Board as defined in section 12-240-101, et seq., C.R.S.

C. The Board may issue a temporary license to practice medicine to a foreign medical graduate applicant who has completed a minimum of 1-year of postgraduate training or practice in a foreign country and who meets all qualifications for licensure as set forth in section 12-240-110, C.R.S., with the exception of successful completion of the required approved internship or at least one year of postgraduate training approved by the board, as set forth in section 12-240-110(2)(c), C.R.S.

1. Foreign medical graduates must submit an application for temporary licensure. 2. A temporary license issued from May 1, 2020, through August 29, 2020, is effective from the date of issuance through December 31, 2020.

2 CODE OF COLORADO REGULATIONS 3 CCR 713-45 Colorado Medical Board a. Foreign medical graduates issued a temporary license between May 1, 2020, through August 29, 2020, may apply for a second temporary license to expire March 31, 2021.

b. On January 1, 2021, if a full license to practice medicine in Colorado has not been issued, the temporary licensee shall cease practice immediately and until such time as full licensure to practice medicine in Colorado has been granted or another temporary license has been issued pursuant to this Rule 45. 3. A temporary license issued to a foreign medical graduate between August 30, 2020 and December 28, 2020, is effective from the date of issuance through March 31, 2021. a. Foreign medical graduates issued a temporary license between August 30, 2020, and December 28, 2020, may apply for a second temporary license. b. On April 1, 2021, if a full license to practice medicine in Colorado has not been issued, the temporary licensee shall cease practice immediately and until such time as full licensure to practice medicine in Colorado has been granted or another temporary license has been issued pursuant to this Rule 45. 4. A temporary license issued to a foreign medical graduate between December 28, 2020 and April 27, 2021 is effective from the date of issuance through June 30, 2021. a. Foreign medical graduates issued a temporary license between August 30, 2020, and December 28, 2020, may apply for another temporary license. b. On July 1, 2021, if a full license to practice medicine in Colorado has not been issued, the temporary licensee shall cease practice immediately and until such time as full licensure to practice medicine in Colorado has been granted or another temporary license has been issued pursuant to this Rule 45. 5. A temporary license issued to a foreign medical graduate on or after April 27, 2021 is effective from date of issuance through December 31, 2021. a. On January 1, 2022, if a full license to practice medicine in Colorado has not been issued, the temporary licensee shall cease practice immediately and until such time as full licensure to practice medicine in Colorado has been granted 6. Foreign medical graduates who are granted this temporary licensure may perform delegated medical services, other than prescribing medications, under the personal and direct supervision of a Colorado licensed physician whose license is in good standing. This supervision is required during the entire term of the temporary licensure. 7. For the purpose of this emergency rule, “direct supervision” means the Colorado licensed physician must be on the premises with the temporary foreign medical graduate licensee and immediately available to respond to an emergency or provide assistance. 8. For the purpose of this emergency rule “premises” means within the same building, office or facility and within the physical proximity to establish direct contact with the patient should the need arise.

9. This temporary license is not renewable and does not create a property interest for the holder of the temporary license.

3 CODE OF COLORADO REGULATIONS 3 CCR 713-45 Colorado Medical Board 10. The temporary licensee may be subject to discipline by the Board as defined in 12-240- 101, C.R.S., et seq., and shall be subject to the professional liability insurance requirement as defined in section 13-64-301, C.R.S.

_________________________________________________________________________ Editor’s Notes History New rule emer. rule eff. 05/01/2020; expired 08/29/2020. Entire rule emer. rule eff. 08/30/2020.

Entire rule emer. rule eff. 12/28/2020.

Entire rule emer. rule eff. 04/27/2021.

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