(1) In the discharge of its duties, the board may enlist the assistance of other persons licensed to practice podiatry or medicine in this state. Podiatrists have the duty to report to the board any podiatrist known, or upon information and belief, to have violated any of the provisions of section 12-290-108 (3).
(2) (a) Complaints in writing relating to the conduct of any podiatrist licensed or authorized to practice podiatry in this state may be made by any person or may be initiated by the board on its own motion. The podiatrist complained of shall be given notice by first-class mail of the nature of all matters complained of within thirty days of the receipt of the complaint or initiation of the complaint by the board and shall be given thirty days to make explanation or answer thereto.
(b) The board shall cause an investigation to be made when the board is informed of:
Disciplinary actions taken by hospitals to suspend or revoke the privileges of a podiatrist and reported to the board pursuant to section 25-3-107;
Disciplinary actions taken by a professional review committee established pursuantto section 12-290-108 (5) against a podiatrist;
An instance of a malpractice settlement or judgment against a podiatrist reported tothe board pursuant to section 10-1-124; or
Podiatrists who have been allowed to resign from hospitals for unprofessional conduct. The hospitals shall report those resignations to the board.
(c) On completion of an investigation, the board shall make a finding that:
The complaint is without merit and no further action need be taken with referencethereto;
There is no reasonable cause to warrant further action with reference thereto;
The complaint or investigation discloses an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, in which case the board may issue a letter of admonition to the licensee in accordance with section 12-20-404 (4);
The investigation discloses facts that warrant further proceedings by formal complaint, as provided in subsection (3) of this section, in which event the complaint shall be referred to the attorney general for preparation and filing of a formal complaint; or
The investigation discloses an instance of conduct that, in the opinion of the board,does not warrant formal action but in which the board has noticed indications of possible errant conduct by the licensee that could lead to serious consequences if not corrected, in which case the board shall send a confidential letter of concern in accordance with section 12-20-404 (5) to the podiatrist against whom a complaint was made. If the board learns of second or subsequent actions of the same or similar nature by the licensee, the board shall not issue a confidential letter of concern but shall take such other course of action as it deems appropriate.
(3) (a) All formal complaints seeking disciplinary action against a podiatrist shall be filed with the board. A formal complaint shall set forth the charges with sufficient particularity as to inform the podiatrist clearly and specifically of the acts of unprofessional conduct with which the podiatrist is charged.
(b) The board may include in any disciplinary order placing a podiatrist on probation the conditions the board may deem appropriate to assure that the podiatrist is physically, mentally, and otherwise qualified to practice podiatry in accordance with generally accepted professional standards of practice, including any or all of the following:
Submission by the podiatrist to examinations the board may order to determine thepodiatrist's physical or mental condition or the podiatrist's professional qualifications;
Taking therapy or courses of training or education as may be needed to correct deficiencies found either in the hearing or by the examinations;
Review or supervision of the podiatrist's practice as may be necessary to determinethe quality of the podiatrist's practice and to correct deficiencies therein; and
The imposition of restrictions upon the nature of the podiatrist's practice to assurethat the podiatrist does not practice beyond the limits of the podiatrist's capabilities.
(c) Upon the failure of a licensee to comply with any conditions imposed by the board pursuant to subsection (3)(b) of this section, unless compliance is beyond the control of the licensee, the board may suspend the license of the licensee until the licensee complies with the conditions of the board.
The board, through the department, may employ administrative law judges, on a fulltime or part-time basis, to conduct hearings as provided by this article 290 or on any matter within the board's jurisdiction upon the conditions and terms the board may determine.
Disciplinary proceedings and hearings shall be conducted in the manner prescribedby section 12-20-403 and article 4 of title 24, and the hearing and opportunity for review shall be conducted pursuant to those laws by the board or an administrative law judge at the board's discretion.
(a) A person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare the copies from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but shall identify the patient by a numbered code, to be retained by the custodian of the records from which the copies were made.
(b) Upon certification of the custodian that the copies are true and complete except for the patient's name, the copies shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board or the custodian or the custodian's authorized employee for furnishing or using the copies in accordance with this subsection (6).
Upon the expiration of the term of suspension, the license shall be reinstated by theboard if the holder of the license furnishes the board with evidence that the holder has complied with all terms of the suspension. If the evidence shows the holder has not complied with all terms of the suspension, the board shall continue the suspension or revoke the license at a hearing, notice of which and the procedure at which shall be as provided in this section.
If a person holding a license to practice podiatry in this state is determined to bementally incompetent or insane by a court of competent jurisdiction and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the person holding a license is incapable of continuing to practice podiatry, the license shall automatically be suspended by the board, and, anything in this article 290 to the contrary notwithstanding, the suspension shall continue until the licensee is found by the court to be competent to practice podiatry.
(a) If the board has reasonable cause to believe that a person licensed to practice podiatry in this state is unable to practice podiatry with reasonable skill and safety to patients because of a condition described in section 12-290-108 (3)(c) or (3)(j), the board may require the licensee to submit to mental or physical examinations by physicians designated by the board. Upon the failure of the licensee to submit to the mental or physical examinations, unless due to circumstances beyond his or her control, the board may suspend the licensee's license to practice podiatry in this state until such time as he or she submits to the required examinations and the board has made a determination on the ability of the licensee based on the results of the examinations. The board shall ensure that all examinations are conducted and evaluated in a timely manner.
Every person licensed to practice podiatry in this state shall be deemed, by so practicing or by applying for registration of his or her license to practice podiatry in this state, to have given consent to submit to mental or physical examinations when directed in writing by the board and, further, to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground of privileged communication.
The results of any mental or physical examination ordered by the board shall not beused as evidence in any proceeding other than before the board.
Investigations and examinations of the board conducted pursuant to the provisionsof this section shall be exempt from the provisions of any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to the provisions of this subsection (10) be open to public inspection. Any proceedings with regard to a licensee who is in violation of section 12-290-108 (3)(c) and who is participating in good faith in a rehabilitation program designed to alleviate the conditions specified in section 12-290-108 (3)(c) that has been approved by the board are also exempt from any such requirements of law.
A person licensed to practice podiatry or medicine who, at the request of the board,examines another person licensed to practice podiatry shall be immune from suit for damages by the person examined if the examining person conducted the examination and made findings or a diagnosis in good faith.
The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
The board may impose a fine, not to exceed five thousand dollars, for a violation ofthis article 290.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1555, § 1, effective October 1; (2)(c)(III) amended, (SB 19-153), ch. 369, p. 3380, § 13, effective October 1.
Editor's note: (1) This section is similar to former § 12-32-108.3 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-153. 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 July 1, 2019, to October 1, 2019, see SB 19-153, chapter 369, Session Laws of Colorado 2019.