A.
Basis: The general authority for promulgation of these
rules and regulations by the Colorado Medical Board ("Board") is set forth in
sections 12-20-202,
12-20-204(1),
12-240-106(1)(a),
12-240-110,
12-240-120(1)(d),
12-240-130, and
12-240-141(5),
C.R.S.
B.
Purpose: The following rules and regulations have been
adopted by the Board to clarify the requirements set forth in sections
12-240-130 and
12-20-202(1) and
(2), C.R.S., for the renewal and
reinstatement of licenses issued by the Board, and to set forth the process by
which a physician may demonstrate qualifications substantially equivalent for
licensure by endorsement in this state pursuant to the Occupational Credential
Portability Program as set forth in section
12-20-202, C.R.S., reinstatement
of an expired license, or reactivation of an existing license. These rules
apply to physicians who are applying for licensure by endorsement through the
Occupational Credential Portability Program, physicians seeking reactivation of
an inactive Colorado license, physicians seeking a reentry license, or
physicians seeking the reinstatement of an expired Colorado license who have
not established that they have actively practiced medicine for the two year
period immediately preceding the filing of the application (hereinafter:
"applicant(s)"). This Rule does not apply to physicians applying for licensure
in Colorado via the Interstate Medical Licensure Compact.
C.
Renewal
1. Pursuant to the requirements of sections
12-240-130 and
12-20-202(1),
C.R.S., the Board will not renew a licensee's license until the individual has
complied with the following requirements:
a.
The licensee shall pay the Board a registration fee to be determined and
collected pursuant to section
12-20-105, C.R.S.;
b. The licensee shall fully and accurately
complete the Board's renewal questionnaire, which was developed pursuant to
section 12-240-130(2),
C.R.S.; and
c. The licensee shall
provide proof that the individual has complied with the financial
responsibility requirements set forth in Part 3 of Article
64, Title
13, C.R.S., and Board Rule
1.14.
2. If a licensee
fails to comply with the requirements listed above prior to the date on which
the licensee is required to complete the renewal process, the license of such
licensee shall expire.
3. At any
point before, during or after the renewal process, a licensee's license may be
subject to disciplinary action pursuant to sections
12-240-121 and
12-240-125, C.R.S., or as
otherwise provided by Article
240 of Title
12, C.R.S. ("the Medical Practice Act")
or other applicable Colorado law.
D.
Reinstatement
1. Pursuant to the requirements of sections
12-240-130 and
12-20-202(2),
C.R.S., the Board will not reinstate an individual's expired license until the
individual submits a Board approved application for reinstatement. The expired
license may be reinstated only upon compliance with the following conditions:
a. The individual shall pay a reinstatement
fee determined by the Board pursuant to section
12-20-105, C.R.S., and
b. The individual shall fully and accurately
complete all portions of the Board's application for reinstatement, including
but not limited to the Board's renewal questionnaire, and
c. The individual shall provide proof that
they have complied with the financial responsibility requirements set forth in
Part 3 of Article
64, Title
13, C.R.S., and Board Rule
1.14.
d. If the individual has a
matter pending before an Inquiry or Hearings Panel, the Board may defer action
on the pending application for reinstatement and proceed with disciplinary
action as provided by section
12-240-125, C.R.S. Pursuant to any
such disciplinary action, the Board may determine whether to deny or reinstate
with or without probationary terms or impose other sanctions as authorized by
the Medical Practice Act.
e. If the
individual has not practiced medicine during the two years preceding the
Board's consideration of the licensee's application for reinstatement, and the
individual cannot otherwise demonstrate continued competency, the Board's
Licensing Panel may exercise discretion to require the individual to undertake
a competency assessment or evaluation conducted by a Board-approved program,
undertake a period of supervised practice, or complete an educational program,
consistent with the requirements of the Medical Practice Act, including but not
limited to sections
12-240-119 and
12-20-202(3),
C.R.S., and the Board's supporting rules and policies.
f. The Board may approve the reinstatement
application or may deny the application as set forth in section
12-240-120, C.R.S.
Effective: 06/30/2001, Revised: 02/09/2006; Effective:
03/31/2006; Revised: 08/19/2010; Effective: 10/15/2010; Revised: 08/16/2012;
Effective: 10/15/2012
E. LICENSURE BY ENDORSEMENT PURSUANT TO THE
OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM PURSUANT TO SECTION
12-20-202(3),
C.R.S.
1. Definitions:
a. For the purpose of licensure by
endorsement through the occupational credential portability program,
"substantially equivalent experience or credentials" means the applicant holds
a current, valid, and unrestricted license in another U.S. jurisdiction that
requires qualifications substantially equivalent to the qualifications for
licensure in this state; the applicant submits written verification they have
actively practiced medicine in another jurisdiction for the last year or has
otherwise maintained continued competency as determined by the Board; and
submits proof satisfactory to the board and attests that they have not been and
are not subject to final or pending disciplinary or other action by any state
or jurisdiction in which the applicant is or has been previously licensed
except that, if the applicant is or has been subject to action, the board may
review the action to determine whether the underlying conduct warrants refusal
of a license pursuant to section
12-240-120, C.R.S.
b. For the purpose of licensure by
endorsement through the occupational credential portability program, an
applicant may demonstrate "continued competency" by establishing that they have
maintained an active, continuous, and unrestricted license in another state,
have actively practiced medicine for the last year in a jurisdiction with a
scope of practice that is substantially similar to the scope of practice for
physicians in Colorado, and have not been subject to any disciplinary action
during that time period. The active practice of medicine includes the practice
of administrative medicine, so long as such practice is not the result of a
limitation or restriction by another state licensing board or credentialing
entity.
Alternatively, an applicant may demonstrate "continued
competency" through participation in numerous professional activities,
including but not limited to: maintenance of certification (MOC) activities;
successful completion and maintenance of board certification exams for ABME or
AOA member boards; category 1 approved CME educational courses with relevance
to practice; teaching/lecturing/mentoring activities; non-patient care hospital
or organization committee participation, including quality, safety, pharmacy
and therapeutics, peer review, tumor board or other clinically relevant
activities; clinically applicable research; surveying on behalf of
accreditation organizations; reentry to practice programs, or volunteer medical
care provided overseas or in other jurisdictions. The Board's Licensing Panel
shall have discretion to consider an applicant's activities on a case-by-case
basis and may determine an applicant has met continued competency through a
combination of any of the above activities or other relevant professional
activities.
c. For the
purpose of licensure by endorsement through the occupational credential
portability program, "substantially similar scope of practice" means the scope
of practice for physicians in another state that is substantially similar to
the practice of medicine as defined in section
12-240-107, C.R.S.
2. If the Board determines that
the applicant has not established continued competency for purposes of
complying with section
12-20-202(3),
12-240-110,
12-240-120(1)(d),
12-240-119, or
12-240-141(5),
C.R.S., the Board may require an applicant to submit to any competency
assessment(s) or evaluation(s) conducted by a program approved by the Board.
Although the Board retains the discretion as to the method of determining
continued competency based on the applicant's specific circumstances, a
competency assessment or evaluation conducted by a Board-approved program is
the Board's standard operating procedure. The Board also retains discretion as
to whether the Applicant has demonstrated his/her/their qualifications are
substantially equivalent to the active practice of medicine.
Nothing in this Rule is intended to limit the Board's
Licensing Panel from discretion to deny a license or to otherwise offer a
restricted license consistent with the authority in the Medical Practice Act,
including those circumstances in which an Applicant holds a restricted license
in another jurisdiction or has been subject to disciplinary action.
3. If the Board determines that
the applicant requires a period of supervised practice and/or the completion of
an educational program (hereinafter "training requirements"), the Board at its
discretion may either issue the applicant a license subject to probationary
terms or a reentry license.
F. REENTRY LICENSE
The Board will consider an applicant to be ineligible for a
reentry license if their period of inactive practice resulted from disciplinary
action or unprofessional conduct. If a reentry license is issued, such a
license is valid only for three years from the date of issue and is not
renewable. Failure to complete the training requirements before the end of the
three-year period will result in the reentry license being administratively
inactivated.
In the discretion of the Board, the physician may be issued a
re-entry license for the specific purpose of completing the education and/or
training requirements. The re-entry license is valid for a single period of
time not greater than three (3) years from the date of issue. Failure to
complete the education and/or training requirements before the end of the
three-year (3) period for the re-entry license will result in the re-entry
license being administratively inactivated.
G. CONVERSION OF REENTRY LICENSE
When an applicant has timely and successfully completed the
training requirements, the applicant shall apply to the Licensing Panel of the
Board to convert the reentry license to full licensure by submitting a letter
to the Licensing Panel with documents that clearly establish timely and
successful completion of the training requirements. If the Board determines
that the applicant is competent and qualified to practice medicine without
supervision, the Board will convert the reentry license to a full license to
practice medicine. If the Board determines that the applicant is not competent
nor qualified to practice medicine without supervision, the Board may require
further assessment, training, or period of supervised practice in its
discretion.
H. EXPENSES
All expenses resulting from the assessment and/or any
training requirements are the responsibility of the applicant and not of the
Board.
I. ADMINISTRATIVE
PRACTICE OF MEDICINE
"Administrative medicine" carries the definition set forth in
Board Policy 20-06. Administrative medicine shall constitute the active
practice of medicine.
When an applicant who practices administrative medicine seeks
licensure, the Board shall evaluate the applicant's application to determine
whether they meet the criteria for active and unrestricted licensure in
Colorado. If the applicant is not subject to a restricted license because of
disciplinary action in another jurisdiction, and otherwise meets the criteria
for a full, active, and unrestricted license in Colorado, the Licensing Panel
may grant the application for a full, active, and unrestricted license.
If the applicant is subject to a restricted license or
credentialing because of disciplinary action in another jurisdiction, the
Licensing Panel may consider whether to enter into an agreement with the
applicant to limit their practice to administrative medicine in the form of a
stipulation and final agency order.
J. REINSTATEMENT OR REACTIVATION OF A LICENSE
In support of any application for reinstatement or
reactivation of a license to practice medicine, for the purpose of complying
with sections
12-20-202(2)(c)(II),
12-240-120(1)(d),
or 12-240-141(5),
C.R.S., a physician may demonstrate continued competency in accordance with the
methods identified in Rule 22.2(A), identified above.
