(1) Upon proof that an applicant or licensee has engaged in an activity that is grounds for discipline under subsection (2) of this section, the director may take disciplinary or other action as authorized by section 1220-404, including:
Imposing an administrative fine not to exceed two thousand five hundred dollars foreach separate offense;
Issuing a letter of admonition under the circumstances specified in and in accordancewith section 12-20-404 (4);
Placing a licensee on probation pursuant to section 12-20-404 (1)(b), which entailsclose supervision on the terms and for the period of time that the director deems appropriate; or
Denying, refusing to renew, revoking, or suspending the license of an applicant orlicensee pursuant to section 12-20-404 (1)(d).
(2) The following acts constitute grounds for discipline:
Making a false or misleading statement or omission in an application for licensure;
Failing to notify the director of a change in the information filed pursuant to section12-210-105;
Violating any provision of this article 210, including failure to comply with the license requirements of section 12-210-105 or failure to report information as required under section 12-30-102 or 12-210-105 (5), or violating an applicable provision of article 20 or 30 of this title 12;
Violating any rule promulgated by the director under this article 210;
Aiding or abetting a violation, or conspiring to violate, any provision of this article210, an applicable provision of article 20 or 30 of this title 12, any rule promulgated, or any order issued under this article 210 by the director;
Failing to maintain professional liability insurance as required by section 12-210-111;
Using false or misleading advertising;
Violating the "Colorado Consumer Protection Act", article 1 of title 6;
Causing physical harm to a customer;
Failing to practice audiology according to commonly accepted professional standards;
Providing services beyond the licensee's scope of educational preparation, experience, skills, or competence;
Failing to adequately supervise a trainee for any of the healing arts;
Employing a sales agent or employee who violates any provision of this article 210;
Committing abuse of health insurance as described in section 18-13-119;
Failing to comply with a final agency order or with a stipulation or agreement madewith or order issued by the director;
Falsifying information in any application or attempting to obtain or obtaining a license by fraud, deception, or misrepresentation;
Excessively or habitually using or abusing alcohol or habit-forming drugs or habitually using a controlled substance, as defined in section 18-18-102 (5), or other drugs or substances having similar effects; except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;
(I) Failing to notify the director, as required by section 12-30-108 (1), of a physicalillness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to perform audiology with reasonable skill and safety to patients;
Failing to act within the limitations created by a physical illness, physical condition,or behavioral, mental health, or substance use disorder that renders the licensee unable to perform audiology with reasonable skill and safety to the patient; or
Failing to comply with the limitations agreed to under a confidential agreemententered pursuant to sections 12-30-108 and 12-210-112;
Refusing to submit to a physical or mental examination when so ordered by the director pursuant to section 12-210-113;
Failing to respond in an honest, materially responsive, and timely manner to a complaint lodged against the licensee;
In any court of competent jurisdiction, being convicted of, pleading guilty or nolocontendere to, or receiving a deferred sentence for a felony or a crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing; and
Failing to notify the director, in writing and within thirty days after a judgment orsettlement is entered, of a final judgment by a court of competent jurisdiction against the licensee involving malpractice of audiology or a settlement by the licensee in response to charges or allegations of malpractice of audiology and, in the case of a judgment, failing to include in the notice the name of the court, the case number, and the names of all parties to the action.
The director may send the licensee a confidential letter of concern under the circumstances specified in section 12-20-404 (5).
Any disciplinary action taken by another state, local jurisdiction, or the federal government against an applicant or licensee constitutes prima facie evidence of grounds for disciplinary action, including denial of a license under this article 210; except that this subsection (4) applies only to discipline for acts or omissions that are substantially similar to those set out as grounds for disciplinary action under this article 210.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1051, § 1, effective October 1. L. 2020: (2)(q) amended, (SB 20-007), ch. 286, p. 1411, § 32, effective July 13; (2)(q), (2)(t), and (2)(u) amended and (2)(v) added, (HB 20-1219), ch. 300, p. 1492, § 4, effective September 1.
Editor's note: (1) This section is similar to former § 12-29.9-108 as it existed prior to 2019.
(2) Subsection (2)(q) was amended in SB 20-007. Those amendments were superseded by the amendment of subsection (2)(q) in HB 20-1219, effective September 1, 2020. For the amendments to subsection (2)(q) in SB 20-007 in effect from July 13, 2020, to September 1, 2020, see chapter 286, Session Laws of Colorado 2020. (L. 2020, p. 1411.)