(1) The board may issue a license to a volunteer nurse who meets the requirements set forth in this section.
(2) A volunteer nursing license shall only be issued to an applicant who:
Currently holds a license to practice nursing, either as a practical nurse or as a professional nurse, and the license is due to expire unless renewed; or
Is not currently engaged in the practice of nursing either full-time or part-time andhas, prior to ceasing practice, maintained full licensure in good standing in any state or territory of the United States.
A nurse who holds a volunteer nursing license shall not accept compensation fornursing tasks that are performed while in possession of the license. A volunteer nursing license shall permit the nurse to engage in volunteer nursing tasks within the scope of the nurse's license.
An applicant for a volunteer nursing license shall submit to the board an applicationcontaining the information the board may prescribe, a copy of the applicant's most recent nursing license, and a statement signed under penalty of perjury in which the applicant agrees not to receive compensation for any nursing tasks that are performed while in possession of the license.
A person who possesses a volunteer nursing license is immune from civil liability foractions performed within the scope of the nursing license unless it is established that injury or death was caused by gross negligence or the willful and wanton misconduct of the licensee. The immunity provided in this subsection (5) applies only to the licensee and does not affect the liability of any other individual or entity. Nothing in this subsection (5) limits the ability of the board to take disciplinary action against a licensee.
The fee for a volunteer nursing license, including assessments for legal defense, peerassistance, and other programs for which licenses are assessed, must not exceed fifty percent of the license renewal fee, including all assessments, established by the board for an active nursing license.
The board shall design a questionnaire to be sent to all volunteer nurses who applyfor license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or might make the licensee unfit to practice nursing with reasonable care and safety. If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (6) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.
The board shall deny an application for the reactivation of a practical or professionalnurse license for a volunteer nurse if the board determines that the nurse requesting reactivation has not actively volunteered as a nurse for the two-year period immediately preceding the filing of the application for license reactivation or has not otherwise demonstrated continued competency to return to the active practice of nursing in a manner approved by the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1336, § 1, effective October 1. L. 2020: (7) amended, (HB 20-1183), ch. 157, p. 680, § 13, effective July 1; entire section amended, (HB 20-1216), ch. 190, p. 877, § 19, effective July 1.
Editor's note: (1) This section is similar to former § 12-38-112.5 as it existed prior to 2019.
(2) Amendments to subsection (7) of this section by HB 20-1183 and HB 20-1216 were harmonized.
Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.