4 CCR 749-1.1 - Process and form to report adverse actions by governmental agencies, convictions, judgments, civil actions, and illness or conditions (section 12-250-113(1)(n),(o),and (p)(I), C.R.S.)
The purpose of this Rule is to clarify the process and form for reporting adverse actions, convictions, and judgments to the Director as required in sections 12-250-113(1)(n),(o), and (p)(I), C.R.S.
A. A registered naturopathic doctor shall
report to the Director within thirty days of receiving a diagnosis of a
physical or mental illness or condition that affects the naturopathic doctor's
ability to treat patients with reasonable skill and safety or that may endanger
the health or safety of persons under his or her care.
B. Report contents
1. If the event is an adverse action by any
governmental agency, the report to the Director must include the name of the
agency, its jurisdiction, the case name, court docket, proceeding or case
number by which the event is designated, and a copy of the consent decree,
order, or decision.
2. If the event
is a criminal conviction, the report to the Director must include the court,
its jurisdiction, the case name, the case number, a description of the matter
or a copy of the indictment or charges, and any plea or verdict entered by the
court. Within thirty days of the imposition of sentence for a felony
conviction, the registrant shall provide to the Director a copy of the
imposition of sentence. Within thirty days of the completion of any terms of
the sentence, the registrant shall provide written notice to the Director of
the completion of the sentence terms, and any evidence of rehabilitation as
described in section
24-5-101(4)(c),
C.R.S.
3. If the event concerns a
civil action or arbitration proceeding, the report to the Director must include
the court or arbiter, the jurisdiction, the case name, the case number, a
description of the matter or a copy of the complaint, and a copy of the
verdict, the court or arbitration decision, or, if settled, the settlement
agreement and court's order of dismissal.
4. If the event concerns a physical or mental
illness or condition:
a. The initial report
shall contain: the diagnosis and a description of the illness or condition; the
date that the illness or condition was first diagnosed; the name of the current
treatment provider and documentation from the current treatment provider
confirming the diagnosis, date of onset, and treatment plan; and, a description
of the naturopathic doctor'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 report of a
change in condition shall contain: the date of the change in condition; the
name of the current treatment provider and documentation from the current
treatment provider confirming the change in condition, the date that the
condition changed, the nature of the change in condition, and the current
treatment plan; and, a description of the naturopathic doctor's practice and
any modifications, limitations or restrictions to that practice that have been
made as a result of the change in condition.
c. Compliance with subsection a of this Rule
is a prerequisite for eligibility to enter into a confidential agreement with
the Director pursuant to section
12-250-118, C.R.S., however, mere
compliance with this Rule does not require the Director to negotiate regarding,
or enter into, a confidential agreement. Rather, the Director will evaluate all
facts and circumstances to determine if a confidential agreement is
appropriate.
d. The failure to
timely notify the Director of an illness or condition as required under this
Rule is a violation of section
12-250-113(1)(p)(I),
C.R.S., constituting grounds for discipline and denial of a confidential
agreement under section
12-250-118, C.R.S.
C. In addition to any
report required under this Rule, the naturopathic doctor may also submit a
written statement of explanation.
D. The report shall be submitted in writing
to the Office of Naturopathic Doctor Registration by email, postal mail, fax,
or online. Contact information may be found on the website or by calling the
Division of Professions and Occupations ("Division").
Notes
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No prior version found.