3 CCR 713-52 – Rule 162 - Protecting ColoradoS Workforce and Expanding Licensing Opportunities

DEPARTMENT OF REGULATORY AGENCIES Colorado Medical Board RULE 162 – PROTECTING COLORADO’S WORKFORCE AND EXPANDING LICENSING OPPORTUNITIES 3 CCR 713-52 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

52.1 INTRODUCTION

The basis for the Board’s promulgation of these rules and regulations is Executive Order D 2022 034, and sections 12-240-106(1)(a) and 12-20-204, C.R.S.

The purpose of these rules and regulations is to implement Executive Order D 2022 034.

52.2 RULES AND REGULATIONS

This Rule is promulgated pursuant to Executive Order D 2022 034, and sections 12-240-106(1)(a) and 12-20-204, C.R.S.

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. “Civil judgment” means a final court decision and order resulting from a civil lawsuit.
3. “Criminal judgment” means a guilty verdict, a plea of guilty, a plea of nolo contendere, or a deferred judgment or sentence.
4. “Licensee” means as defined in section 12-20-102(10), C.R.S.
5. “Regulator” means as defined in section 12-20-102(14), 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 a civil or criminal judgment against the applicant regarding the consumption, possession, cultivation, or processing of marijuana so long as the actions are lawful and consistent with professional conduct and standards of care within Colorado and did not otherwise violate Colorado law.

C. 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 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 consumption, possession, cultivation, or processing of marijuana and did not otherwise violate Colorado law. 1 CODE OF COLORADO REGULATIONS 3 CCR 713-52 Colorado Medical Board _________________________________________________________________________ Editor’s Notes History New rule emer. rule eff. 10/06/2022.

Entire rule eff. 01/14/2023.