4 CCR 737-1.23 - REQUIRED DISCLOSURE TO PATIENTS - CONVICTION OF OR DISCIPLINE BASED ON SEXUAL MISCONDUCT ( section 12-30-115 C.R.S.)
A. On
or after March 1, 2021, a licensee, as defined in Rule 1.1 , shall disclose to
a patient, as defined in section
12-30-115(1)(a),
C.R.S., instances of sexual misconduct , including a conviction or guilty plea
as set forth in section
12-30-115(2)(a),
C.R.S., or final agency action resulting in probation or limitation of
licensee's ability to practice as set forth is section
12-30-115(2)(b),
C.R.S.
B. Form of Disclosure: The
written disclosure shall include all information specified in section
12-30-115 (3,) C.R.S., and
consistent with the sample model disclosure form as set forth in Appendix A to
these rules.
1. The patient must, through his
or her signature on the disclosure form, acknowledge the receipt of the
disclosure and agree to treatment with the licensee.
2. This disclosure shall be separate and
apart from the mandatory disclosure required pursuant to section
12-245-216, C.R.S.
C. Timing of Disclosure: This
disclosure shall be provided to a patient the same day the patient schedules a
professional services appointment with the licensee. If an appointment is
scheduled the same day that services will be provided, the disclosure must be
provided in advance of the treatment.
1. The
written disclosure and agreement to treatment must be completed prior to each
treatment appointment with a patient, unless the treatment will occur in a
series over multiple appointments or a patient schedules follow-up treatment
appointments.
2. For treatment
series or follow-up treatment appointments, one disclosure prior to the first
appointment is sufficient, unless the information the licensee is required to
disclose pursuant to section
12-30-115, C.R.S., has changed
since the most recent disclosure, in which case an updated disclosure must be
provided to a patient and signed before treatment may continue.
D. As set forth in section
12-30-115(3)(e),
C.R.S., the requirement to disclose the conviction, guilty plea, or agency
action ends when the licensee has satisfied the requirements of the probation
or other limitation and is no longer on probation or otherwise subject to a
limitation on the ability to practice the licensee's profession.
E. A provider need not make the disclosure
required by this Rule BEFORE providing professional services to
the patient if any of the following applies as set forth in section
12-30-115(4),
C.R.S.:
1. The patient is unconscious or
otherwise unable to comprehend the disclosure and sign an acknowledgment of
receipt of the disclosure pursuant to section
12-30-115(3)(d),
C.R.S., and a guardian of the patient is unavailable to comprehend the
disclosure and sign the acknowledgment;
2. The visit occurs in an emergency room or
freestanding emergency department or the visit is unscheduled, including
consultations in inpatient facilities; or
3. The provider who will be treating the
patient during the visit is not known to the patient until immediately prior to
the start of the visit.
F. A provider who does not have a direct
treatment relationship or have direct contact with the patient is not required
to make the disclosure required by this Rule.
Notes
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