(1) (a) If a licensee, registrant, or certificate holder has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder in a manner and within a period determined by the regulator.
(b) The regulator may require the licensee, registrant, or certificate holder to submit to an examination or refer the licensee, registrant, or certificate holder to a peer health assistance program, if one exists, to evaluate the extent of the physical illness, physical condition, or behavioral or mental health disorder and its effect on the licensee's, registrant's, or certificate holder's ability to practice with reasonable skill and safety to patients or clients.
(2) (a) Upon determining that a licensee, registrant, or certificate holder with a physical illness, physical condition, or behavioral or mental health disorder is able to render limited services with reasonable skill and safety to patients or clients, the regulator may enter into a confidential agreement with the licensee, registrant, or certificate holder in which the licensee, registrant, or certificate holder agrees to limit the person's practice based on the restrictions imposed by the physical illness, physical condition, or behavioral or mental health disorder, as determined by the regulator.
As part of the agreement, the licensee, registrant, or certificate holder is subject toperiodic reevaluations or monitoring as determined appropriate by the regulator. The regulator may refer the licensee, registrant, or certificate holder to a peer assistance health program, if one exists, for reevaluation or monitoring.
The parties may modify or dissolve the agreement as necessary based on the resultsof a reevaluation or of monitoring.
By entering into an agreement with the regulator pursuant to this section, the licensee, registrant, or certificate holder is not engaging in activities that constitute grounds for discipline. The agreement does not constitute a restriction or discipline by the regulator. However, if the licensee, registrant, or certificate holder fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes grounds for discipline or unprofessional conduct, as applicable, and the licensee, registrant, or certificate holder is subject to discipline in accordance with section 12-20-404 and the part or article of this title 12 that governs the particular profession or occupation.
(a) This section does not apply to:
(I) The following health care professionals:
Repealed.
Hearing aid providers regulated pursuant to article 230 of this title 12;(C) Repealed.
Nurse aides regulated pursuant to article 255 of this title 12;
Nursing home administrators regulated pursuant to article 265 of this title 12; or(F) and (G) Repealed.
(H) Surgical assistants and surgical technologists regulated pursuant to article 310 of this title 12; or
(II) A licensee, registrant, or certificate holder subject to discipline for habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5).
(b) Subsection (1)(a) of this section regarding notification for confidential agreements does not apply to:
(I) Article 275 of this title 12 concerning optometrists; (II) Article 315 of this title 12 concerning veterinarians.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 771, § 1, effective October 1; (4)(a)(I)(F) repealed, (SB 19-153), ch. 369, p. 3379, § 9, effective October 1; (4)(a)(I)(G) repealed, (SB 19-154), ch. 169, p. 1978, § 20, effective October 1. L. 2020: (4)(a)(I)(A) repealed, (HB 20-1210), ch. 158, p. 708, § 5, effective July 1; (4)(a)(I)(C) repealed, (HB 20-1216), ch. 190, p. 865, § 4, effective July 1; (4)(a)(I)(D) amended, (HB 20-1183), ch. 157, p. 697, § 40, effective July 1.
Editor's note: This section is similar to former § 12-43-221.5 as it existed prior to 2019.
Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.