(1) Nothing in this article 240 shall be construed to invalidate or affect the license of any person holding a valid, unrevoked, and unsuspended license to practice medicine in this state on July 1, 1951, except as otherwise provided by this article 240.
(2) Nothing in this article 240 shall be construed to invalidate the license of any person holding a valid, unrevoked, and unsuspended license on June 30, 1979, to practice medicine in this state or to affect any disciplinary proceeding or appeal pending on June 30, 1979, or any appointment to the board, the inquiry panel, or the hearings panel made on or before June 30, 1979.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1211, � 1, effective October 1.
Editor's note: This section is similar to former � 12-36-131 as it existed prior to 2019.
12-240-137. Postmortem examinations by licensee - definition - application of this section. (1) As used in this section, person shall include any individual, partnership, corporation, body politic, or association.
(2) Consent for a licensee to conduct a postmortem examination of the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend or a person charged by law with the responsibility for burial. If two or more persons assume custody of the body, the consent of one of them shall be deemed sufficient.
(3) Nothing in this section shall be construed as a repeal of any provision of part 6 of article 10 of title 30.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1212, � 1, effective October 1.
Editor's note: This section is similar to former � 12-36-133 as it existed prior to 2019.
12-240-138. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of medicine - definitions. (1) Persons licensed to practice medicine by the board may form professional service corporations for such persons' practice of medicine under the Colorado Business Corporation Act, articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of the corporations shall contain provisions complying with the following requirements:
(a) The name of the corporation shall contain the words professional company or professional corporation or abbreviations thereof.
(b) The corporation is organized solely for the purpose of permitting individuals to conduct the practice of medicine through a corporate entity, so long as all the individuals are actively licensed physicians or physician assistants in the state of Colorado.
(c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose.
(d) (I) Except as specified in subsection (1)(d)(II) of this section, all shareholders of the corporation are persons licensed by the board to practice medicine in the state of Colorado who at all times own their shares in their own right; except that one or more persons licensed by the board as a physician assistant may be a shareholder of the corporation as long as the physician shareholders maintain majority ownership of the corporation. The shareholders shall be individuals who, except for illness, accident, time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of medicine or as a physician assistant in the offices of the corporation.
(II) If a person licensed to practice medicine who was a shareholder of the corporation dies, an heir to the deceased shareholder may become a shareholder of the corporation for up to two years, regardless of whether the heir is licensed to practice medicine. Unless the deceased shareholder was the only shareholder of the corporation, the heir who becomes a shareholder shall be a nonvoting shareholder in all matters concerning the corporation. If the heir of the deceased shareholder ceases to be a shareholder, the shares shall be disposed of pursuant to subsection (1)(e) of this section.
(e) Provisions shall be made requiring any shareholder who ceases to be or for any reason is ineligible to be a shareholder to dispose of all of his or her shares forthwith, either to the corporation or to any person having the qualifications described in subsection (1)(d) of this section.
(f) The president shall be a shareholder and a director and, to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors, officers, and heirs of deceased shareholders shall not exercise any authority whatsoever over the independent medical judgment of persons licensed by the board to practice medicine in this state. Notwithstanding sections 7-108-103 to 7-108-106 relating to the terms of office and classification of directors, a professional service corporation for the practice of medicine may provide in the articles of incorporation or the bylaws that the directors may have terms of office of up to six years and that the directors may be divided into classes, with the terms of each class staggered to provide for the periodic election of less than all the directors. Nothing in this article 240 shall be construed to cause a professional service corporation to be vicariously liable to a patient or third person for the professional negligence or other tortious conduct of a physician who is a shareholder or employee of a professional service corporation.
(g) An heir to a deceased shareholder who becomes a shareholder shall be liable only to the same extent as the deceased shareholder would have been in his or her capacity as a shareholder, had he or she lived and remained a shareholder, for all acts, errors, and omissions of the employees of the corporation.
(h) The articles of incorporation provide and all shareholders of the corporation agree that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation, except during periods of time when each licensee who is a shareholder or any employee of the corporation has a professional liability policy insuring himself or herself and all employees who are not licensed pursuant to this article 240 who act at his or her direction, in the amount of fifty thousand dollars for each claim and an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars, or the corporation maintains in good standing professional liability insurance that meets the following minimum standards:
(I) The insurance insures the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensees.
(II) The policies insure the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees.
(III) The insurance is in an amount for each claim of at least fifty thousand dollars multiplied by the number of licensees employed by the corporation. The policy may provide for an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of licensees employed by the corporation, but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate top limit of liability for all claims during the year of nine hundred thousand dollars.
(IV) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof; the conduct of any business enterprise, as distinguished from the practice of medicine, in which the insured corporation under this section is not permitted to engage but which nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or which may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith; when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.
(2) The corporation shall do nothing that, if done by a licensee employed by the corporation, would violate the standards of professional conduct as provided for in section 12-240-121. Any violation of this section by the corporation is grounds for the board to revoke or suspend the license of the person or persons responsible for the violation.
(3) Nothing in this section diminishes or changes the obligation of each licensee employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct provided for in section 12-240-121. Any licensee who, by act or omission, causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, is personally responsible for such act or omission and is subject to discipline for the act or omission.
(4) Nothing in this section modifies the physician-patient privilege specified in section 13-90-107 (1)(d).
(5) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all or part of its employees including lay employees if the plan does not require or result in the sharing of specific or identifiable fees with lay employees, and if any payments made to lay employees, or into any plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received.
(6) (a) Corporations shall not practice medicine. Nothing in this section shall be construed to abrogate a cause of action against a professional corporation for its independent acts of negligence.
(b) Employment of a physician in accordance with section 25-3-103.7 shall not be considered the corporate practice of medicine.
(7) As used in this section, unless the context otherwise requires:
(a) Articles of incorporation includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.
(b) Corporation includes a limited liability company organized under the Colorado Limited Liability Company Act, article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002; except that the name of an entity other than a corporation shall contain the word professional or the abbreviation prof. in addition to any other words required by the statute under which the entity is organized.
(c) Director and officer of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.
(d) Employees includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership.
(e) President includes all managers, if any, of a limited liability company and all partners in a registered limited liability partnership.
(f) Share includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership.
(g) Shareholder includes a member of a limited liability company and a partner in a registered limited liability partnership.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1212, � 1, effective October 1.
Editor's note: This section is similar to former � 12-36-134 as it existed prior to 2019.
12-240-139. Injuries to be reported - exemptions - penalty for failure to report - immunity from liability - definitions. (1) (a) (I) Every licensee who attends or treats any of the following injuries shall report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located:
(A) A bullet wound, a gunshot wound, a powder burn, or any other injury arising from the discharge of a firearm, or an injury caused by a knife, an ice pick, or any other sharp or pointed instrument that the licensee believes to have been intentionally inflicted upon a person;
(B) An injury arising from a dog bite that the licensee believes was inflicted upon a person by a dangerous dog, as defined in section 18-9-204.5 (2)(b); or
(C) Any other injury that the licensee has reason to believe involves a criminal act other than the possession of drugs or drug paraphernalia under section 18-18-403.5 or 18-18-428; except that a licensee is not required to report an injury that the licensee has reason to believe resulted from domestic violence unless the licensee is required to report the injury pursuant to subsection (1)(a)(I)(A) or (1)(a)(I)(B) of this section or the injury is a serious bodily injury, as defined in section 18-1-901 (3)(p).
(II) Any licensee who fails to make a report as required by this section commits a petty offense as defined by section 18-1.3-503.
(III) Except as described in subsection (1)(a)(I)(C) of this section, a licensee may, but is not required to, report an injury that he or she has reason to believe occurred as a result of domestic violence if:
(A) The victim of the injury is at least eighteen years of age and indicates his or her preference that the injury not be reported; and
(B) The injury is not an injury that the licensee is required to report pursuant to subsection (1)(a)(I)(A) or (1)(a)(I)(B) of this section.
(IV) If a licensee does not report an injury pursuant to a victim's request, as described in subsection (1)(a)(III) of this section, the licensee shall document the victim's request in the victim's medical record.
(V) Before a licensee reports an injury that he or she has reason to believe resulted from domestic violence, as described in subsection (1)(a)(III) of this section, the licensee shall make a good-faith effort, confidentially, to advise the victim of the licensee's intent to do so.
(VI) If a licensee has reason to believe that an injury resulted from domestic violence, then, regardless of whether the licensee reports the injury to law enforcement, the licensee shall either refer the victim to a victim's advocate, as defined in section 13-90-107 (1)(k)(II), or provide the victim with information concerning services available to victims of abuse.
(b) (I) When a licensee, nurse, or certified midwife performs a medical forensic examination that includes the collection of evidence at the request of a victim of sexual assault, the licensee's, nurse's, or certified midwife's employing medical facility shall, with the consent of the victim of the sexual assault, make one of the following reports to law enforcement:
(A) A law enforcement report if a victim wishes to obtain a medical forensic examination with evidence collection and at the time of the medical forensic examination chooses to participate in the criminal justice system;
(B) A medical report if a victim wishes to obtain a medical forensic examination with evidence collection but at the time of the medical forensic examination chooses not to participate in the criminal justice system. The licensee, nurse, or certified midwife shall collect the evidence and victim-identifying information, and the employing medical facility shall release the evidence and information to law enforcement for testing in accordance with section 24-33.5-113 (1)(b)(III) and storage in accordance with section 18-3-407.5 (3)(c).
(C) An anonymous report if a victim wishes to obtain a medical forensic examination with evidence collection but at the time of the medical forensic examination chooses not to have personal identifying information provided to law enforcement or to participate in the criminal justice system. The licensee, nurse, or certified midwife shall collect the evidence, and the employing medical facility shall release it to law enforcement for storage in accordance with section 18-3-407.5 (3)(c). Law enforcement shall receive no identifying information for the victim. Law enforcement shall assign a unique identifying number to the evidence, and the licensee, nurse, or certified midwife shall record the identifying number in the medical record and notify the victim that the identifying number is recorded. Additionally, the licensee, nurse, or certified midwife shall provide the identifying number to the victim.
(II) Nothing in this section:
(A) Prohibits a victim from anonymously speaking to law enforcement about the victim's rights or options prior to determining whether to consent to a report described in this subsection (1)(b); or
(B) Requires a licensee, nurse, certified midwife, or medical facility to make a report to law enforcement concerning an alleged sexual assault if medical forensic evidence is not collected.
(III) If the licensee's, nurse's, or certified midwife's employing medical facility knows where the alleged sexual assault occurred, the facility shall make the report with the law enforcement agency in whose jurisdiction the crime occurred regarding preservation of the evidence. If the medical facility does not know where the alleged sexual assault occurred, the facility shall make the report with its local law enforcement agency regarding preservation of the evidence.
(IV) In addition to the report required by subsection (1)(b)(I) of this section to be filed by the employing medical facility, a licensee who attends or treats any of the injuries described in subsection (1)(a)(I)(A) of this section of a victim of a sexual assault shall also report the injury to the police or sheriff as required by subsection (1)(a) of this section.
(V) A licensee, nurse, or certified midwife who performs a medical forensic examination as described in subsection (1)(b)(I) of this section shall inform the victim:
(A) Of the contact information for the nearest sexual assault victim's advocate if the victim makes a law enforcement report pursuant to subsection (1)(b)(I)(A) of this section;
(B) Of the contact information for the nearest community-based victim advocate pursuant to section 13-90-107 (1)(k)(II) if the victim makes a medical report pursuant to subsection (1)(b)(I)(B) of this section or an anonymous report pursuant to subsection (1)(b)(I)(C) of this section; and
(C) That any forensic medical evidence collected must be maintained until after the assailant may no longer be prosecuted for the crime and that the victim must be notified prior to the destruction of such evidence.
(2) As used in subsection (1) of this section, unless the context otherwise requires:
(a) Domestic violence means an act of violence upon a person with whom the actor is or has been involved in an intimate relationship. Domestic violence also includes any other crime against a person or any municipal ordinance violation against a person when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
(b) Intimate relationship means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child, regardless of whether the persons have been married or have lived together at any time.
(3) (a) Any licensee who, in good faith, makes a report pursuant to subsection (1) of this section or does not make a report as described in subsection (1)(a)(III) of this section is immune from any liability, civil or criminal, that might otherwise be incurred or imposed with respect to the making of such report and has the same immunity with respect to participation in any judicial proceeding resulting from the report.
(b) A licensee who, in good faith, refers a victim to a victim's advocate or provides a victim with information concerning services available to victims of abuse, as described in subsection (1)(a)(VI) of this section, is not civilly liable for any act or omission of the victim's advocate or of any agency that provides such services to the victim.
(4) Any licensee who makes a report pursuant to subsection (1) of this section shall not be subject to the physician-patient relationship described in section 13-90-107 (1)(d) as to the medical examination and diagnosis. The licensee may be examined as a witness, but not as to any statements made by the patient that are the subject matter of section 13-90-107 (1)(d).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1215, � 1, effective October 1. L. 2021: (1)(b)(V) added, (HB 21-1143), ch. 191, p. 1011, � 2, effective May 27; (1)(a)(II) amended, (SB 21-271), ch. 462, pp. 3156, 3157, �� 147, 150, effective March 1, 2022. L. 2023: IP(1)(b)(I), (1)(b)(I)(B), (1)(b)(I)(C), (1)(b)(II)(B), (1)(b)(III), and IP(1)(b)(V) amended, (SB 23-167), ch. 261, p. 1544, � 46, effective May 25. L. 2024: (1)(a)(I)(C) amended, (HB 24-1037), ch. 458, p. 3161, � 1, effective June 6.
Editor's note: (1) This section is similar to former � 12-36-135 as it existed prior to 2019.
(2) Amendments to subsection (1)(a)(II) by sections 147 and 150 of SB 21-271 were harmonized.
Cross references: For the legislative declaration in HB 21-1143, see section 1 of chapter 191, Session Laws of Colorado 2021.