4 CCR 749-1.19 - 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 provider 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 the
provider'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 D to these rules. The patient must, through his or her signature on
the disclosure form, acknowledge the receipt of the disclosure and agree to
treatment with the provider.
1. This
disclosure is separate and apart from the disclosure as set forth in Rule 1.11,
pursuant to sections
12-250-106(2)(e) and
(f),
12 -25--106 (3)(b), and
12-250-112, 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 provider. If an appointment is
scheduled the same day that services will be provided or if an appointment is
not necessary, 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/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 provider 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 provider 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 provider's profession.
E. A provider need not make the disclosure
required by this section 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. The 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 section.
Notes
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