4 CCR 738-1.9 - Duty to Self-Report Certain Medical Conditions (Section 12-200-112, C.R.S.)

A. No later than thirty days from the date a physical or mental illness or condition that affects a licensee's ability to perform acupuncture services with reasonable skill and safety, the licensee shall provide the Director, 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; and
4. A description of the acupuncturist's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition.
B. The licensee shall notify the Director of any worsening of any worsening of the illness or condition, or any significant change in the illness or condition that affects the licensee's ability to practice with reasonable skill and safety, within thirty days of the change of the illness or condition. The acupuncturist shall provide to the Director, in writing, the following information:
1. The name of the current treatment provider, documentation from the current treatment provider confirming the change of the illness or condition, the date that the illness or condition changed, the nature of the change of the illness or condition, and the current treatment plan; and
2. 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.
C. Compliance with this Rule is a prerequisite for eligibility to enter into a Confidential Agreement with the Director pursuant to section 12-200-112(1), C.R.S. However, mere compliance with this rule does not require the Director to enter into a Confidential Agreement. Rather, the Director will evaluate all facts and circumstances to determine whether a Confidential Agreement is appropriate.
D. If the Director discovers that a licensee has a mental or physical illness or condition that affects the licensee's ability to practice with reasonable skill and safety, and the licensee has not timely notified the Director of such illness or condition, the licensee may be subject to disciplinary action pursuant to section 12-200-109(1)(l), C.R.S.

Notes

4 CCR 738-1.9
39 CR 09, May 10, 2016, effective 5/30/2016 43 CR 03, February 10, 2020, effective 1/1/2020 43 CR 07, April 10, 2020, effective 4/30/2020 43 CR 22, November 25, 2020, effective 12/15/2020 44 CR 09, May 10, 2021, effective 5/30/2021 45 CR 18, September 25,2022, effective 8/15/2022 45 CR 21, November 10, 2022, effective 11/30/2022

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