A.
Basis: The authority for the promulgation of these
rules and regulations by the Colorado Medical Board ("Board") is set forth in
sections 12-20-204(1),
12-240-106(1)(a),
12-240-126, and
12-30-108, C.R.S.
B.
Purpose: To
establish and clarify the notification requirements for a physical or mental
illness or condition that impacts a physician's, physician assistant's, or
anesthesiologist assistant's ability to perform a medical service with
reasonable skill and safety to patients. Consistent with sections
12-240-126 and
12-30-108, C.R.S., a physician,
physician assistant, or anesthesiologist assistant ("licensee") who
appropriately addresses their qualifying physical or mental illness or
condition will not be subject to discipline for unprofessional conduct due to
such illness or condition.
Prior to the 2009 Sunset Review, the Medical Practice Act
defined unprofessional conduct to include having a physical or mental
disability that rendered the licensee unable to perform medical services with
reasonable skill and with safety to the patient. Licensees who suffered a
physical or mental disability, were subject to disciplinary action by virtue of
suffering such disability
Through the 2009 Sunset Review, the General Assembly amended
the Medical Practice Act to redefine unprofessional conduct as it relates to
licensees suffering a physical or mental illness or condition. Pursuant to
sections 12-240-126 and
12-30-108, C.R.S., licensees may
now be able to address a physical or mental illness or condition without the
stigma of a disciplinary action while enabling the Board to ensure public
protection though confidential monitoring of the illness or condition as
necessary.
C. No later than
thirty days from the date a physical or mental illness or condition impacts a
licensee's ability to perform a medical service with reasonable skill and
safety, the licensee shall provide the Board, in writing, the following
information
1. The diagnosis and a
description of the illness or condition;
2. The date that the illness or condition was
first diagnosed;
3. The name of the
current treatment provider and documentation from the current treatment
provider confirming the diagnosis, date of onset, and treatment plan;
4. A description of the licensee's practice
and any modifications, limitations or restrictions that have been made to such
practice as a result of the illness or condition;
5. Whether the licensee has been evaluated
by, or is currently receiving services from, the Board's authorized Peer Health
Assistance Program related to the illness or condition and, if so, the date of
initial contact and whether services are ongoing.
D. The licensee shall further notify the
Board of any significant change in the illness or condition ("change of
condition") that impacts the licensee's ability to perform a medical service
with reasonable skill and safety. The licensee must notify the Board of any
significant change in condition, whether positive or negative. Such
notification shall occur within thirty days of the change of condition. The
licensee shall provide the Board, in writing, the following information:
1. The date of the change of
condition;
2. the name of the
current treatment provider and documentation from the current treatment
provider confirming the change of condition, the date that the condition
changed, the nature of the change of condition, and the current treatment
plan;
3. a description of the
licensee's practice and any modifications, limitations or restrictions to that
practice that have been made as a result of the change of condition;
4. whether the licensee has been evaluated
by, or is currently receiving services from, the Board's authorized Peer Health
Assistance Program related to the change of condition and, if so, the date of
initial contact and whether services are ongoing.
E. Compliance with this Rule is a
prerequisite for eligibility to enter into a
Confidential Agreement with the Board pursuant to sections
12-240-126 and
12-30-108, C.R.S., and does not
guarantee a right to a Confidential Agreement or require the Board to enter
into a Confidential Agreement with the licensee. Upon notification by the
licensee, the Board will evaluate all facts and circumstances to determine if a
Confidential Agreement is appropriate.
F. If the Board discovers that a licensee has
a mental or physical illness or condition that impacts the licensee's ability
to perform a medical service with reasonable skill and safety and the licensee
has not timely notified the Board of such illness or condition, the licensee
shall not be eligible for a Confidential Agreement and may be subject to
disciplinary action pursuant to section
12-240-121(1)(i),
C.R.S.
