DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board RULE 161 – PROTECTIONS FOR PROVISION OF REPRODUCTIVE HEALTH CARE IN COLORADO 3 CCR 713-51 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 51.1 INTRODUCTION The basis for the Board’s promulgation of these rules and regulations is Executive Order D 2022 032, and sections 25-6-401 et seq., 12-240-105(1)(a), and 12-20-204, C.R.S. The purpose of these rules and regulations is to implement Executive Order D 2022 032. 51.2 RULES AND REGULATIONS A. Definitions, for purposes of this Rule, are as follows: 1. “Applicant” means as defined in section 12-20-102(2), C.R.S. 2. “Assisting in the provision reproductive health care” means aiding, abetting or complicity in the provision of reproductive health care.

3. “Civil judgment” means a final court decision and order resulting from a civil lawsuit. 4. “Criminal judgment” means criminal conviction as defined in Rule 1.1. 5. “Licensee” means as defined in section 12-20-102(10), C.R.S. 6. “Provision of reproductive health care,” includes but is not limited to, transportation for reproductive health care, referrals for reproductive health care and related services, funding or assisting with payment of reproductive health care, prescribing, shipping or dispensing medications for reproductive health care in accordance with state and federal law, all options and mental health counseling and treatment related to reproductive health care. The “provision of reproductive health care” also includes all treatment contemplated in the definition of section 25-6-402(4), C.R.S.

7. “Regulator” means as defined in section 12-20-102(14), C.R.S. 8. “Reproductive health care” means as defined in section 25-6-402(4), C.R.S. B. The regulator shall not deny licensure to an applicant or impose disciplinary action against an individual’s license based solely on the applicant’s provision of or assistance in the provision of reproductive health care in this state or any other state or U.S. territory, so long as the care provided was consistent with generally accepted standards of practice as defined in Colorado law and did not otherwise violate Colorado law.

1 CODE OF COLORADO REGULATIONS 3 CCR 713-51 Colorado Medical Board C. The regulator shall not deny licensure to an applicant or impose disciplinary action against an individual’s license based solely on a civil or criminal judgment against the applicant arising from the provision of, or assistance in the provision of reproductive health care in this state or any other state or U.S. territory, so long as the care provided was consistent with generally accepted standards of practice and did not otherwise violate Colorado law. D. The regulator shall not deny licensure to an applicant or impose disciplinary action against an individual’s license based solely on a professional disciplinary action or any other sanction against the applicant’s professional licensure in this, or any other state or U.S. territory so long as the professional disciplinary action is based solely on the applicant’s provision of, or assistance in the provision of, reproductive health care and the care provided was consistent with generally accepted standards of practice and did not otherwise violate Colorado law. E. The regulator shall not deny licensure to an applicant or impose disciplinary action against an individual’s license based solely on the applicant’s own personal effort to seek or obtain reproductive health care for themselves. The regulator shall not deny licensure to an applicant or impose disciplinary action against an individual’s license based solely on a civil or criminal judgment against the applicant arising from the individual’s own personal receipt of reproductive health care in this state or any other state or U.S. territory. _________________________________________________________________________ Editor’s Notes History New rule emer. rule eff. 10/06/2022.

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