1. (1) The board may refrain from issuing a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:

   1. (a) Does not possess the qualifications required by this article 240;
   2. (b) Has engaged in unprofessional conduct, as defined in section 12-240-121;
   3. (c) Has been disciplined in another state or foreign jurisdiction with respect to the applicant's license to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant;
   4. (d) Has not actively practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant for the two-year period immediately preceding the filing of an application, or otherwise maintained continued competency during that period, as determined by the board; or
   5. (e) Has not completed required continuing medical education pursuant to section 12-240-130.5.
2. (2) For purposes of this section, discipline includes any matter that must be reported pursuant to 45 CFR 60.8 and is substantially similar to unprofessional conduct, as defined in section 12-240-121.
3. (3) An applicant whose application is denied or whose license is granted subject to terms of probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a license that is subject to terms of probation, the acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1190, § 1, effective October 1. L. 2024: (1)(c) and (1)(d) amended and (1)(e) added, (HB 24-1153), ch. 385, p. 2630, § 5, effective August 7.

Editor's note: This section is similar to former § 12-36-116 as it existed prior to 2019.