3 CCR 713-45
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 136, amending and extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, and D 2021 132, 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 136 issued by Governor Jared Polis pursuant to the Colorado COVID-19 Disaster Recovery Order and 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 136, amending and extending Executive Orders D 2021 122, D 2021 124, D 2021 125, D 2021 129, and D 2021 132, and 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. 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 on or after November 2, 2021 is effective from date of issuance through May 31, 2022.
3. A temporary license issued to a foreign medical graduate from April 27, 2021 to November 1, 2021 is effective from date of issuance through December 31, 2021.
4. 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.
5. 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.
6. 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.
7. This temporary license is not renewable and does not create a property interest for the holder of the temporary license.
8. 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.
Entire rule emer. rule eff. 07/12/2021.
Entire rule emer. rule eff. 11/02/2021.