(1) (a) The president of the board shall establish a licensing panel consisting of four members of the board as follows:
One member who is a licensed physician having the degree of doctor of medicine;
One member who is a licensed physician having the degree of doctor of osteopathy;
One member who is a public member of the board; and
One member who is a physician assistant member of the board.
The president may rotate the licensing panel membership and the membership on theinquiry and hearing panels established pursuant to section 12-240-125 so that all members of the board, including the board president, may serve on each of the board panels.
If the president determines that the board lacks a member to serve on the licensingpanel that meets the criteria specified in subsection (1)(a) of this section, the president may appoint another board member to fill the vacancy on the panel.
The licensing panel shall review and make determinations on applications for a license under this article 240.
The licensing panel shall review and resolve matters relating to the unlicensed practice of medicine. If it appears to the licensing panel, based upon credible evidence in a written complaint by any person or upon credible evidence in a motion of the licensing panel, that a person is practicing or has practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant without a license as required by this article 240, the licensing panel may issue an order to cease and desist the unlicensed practice. The order must set forth the particular statutes and rules that have been violated, the facts alleged to have constituted the violation, and the requirement that all unlicensed practices immediately cease. The respondent may request a hearing on a cease-and-desist order in accordance with section 1220-405. Section 12-240-125 (9), exempting board disciplinary proceedings and records from open meetings and public records requirements, does not apply to a hearing or any other proceeding held by the licensing panel pursuant to this subsection (3) regarding the unlicensed practice of medicine. The procedures specified in section 12-20-405 apply to allegations and orders regarding the unlicensed practice of medicine before the licensing panel.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1186, § 1, effective October 1; (1)(a) amended, (HB 19-1095), ch. 411, p. 3622, § 8, effective October 1.
Editor's note: (1) This section is similar to former § 12-36-111.3 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1095. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1095, chapter 411, Session Laws of Colorado 2019.