(1) Except as permitted by subsection (2) of this section, neither a health-care practitioner nor an agent of a health-care practitioner shall engage in solicitation for professional employment concerning a personal injury unless the incident for which employment is sought occurred more than thirty days before the solicitation.
(2) This section does not apply to any person providing emergency health care at the time of the incident or follow-up referrals to physicians from the emergency health-care providers.
(3) Any agreement made in violation of this section is voidable at the option of the individual suffering the personal injury or the individual's authorized representative.
(4) As used in this section:
(a) Health-care practitioner means:
(I) An acupuncturist licensed under article 200 of this title 12;
(II) An audiologist licensed under article 210 of this title 12;
(III) A chiropractor licensed under article 215 of this title 12;
(IV) A dentist, dental therapist, or dental hygienist licensed under article 220 of this title 12;
(V) A massage therapist licensed under article 235 of this title 12;
(VI) A physician, physician assistant, or anesthesiologist assistant licensed under article 240 of this title 12;
(VII) A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of article 245 of this title 12;
(VIII) A practical or professional nurse licensed under article 255 of this title 12;
(IX) A nursing home administrator licensed under article 265 of this title 12;
(X) An occupational therapist or occupational therapy assistant licensed under article 270 of this title 12;
(XI) An optometrist licensed under article 275 of this title 12;
(XII) A pharmacist licensed under article 280 of this title 12;
(XIII) A physical therapist or physical therapist assistant licensed under article 285 of this title 12;
(XIV) A podiatrist licensed under article 290 of this title 12;
(XV) A psychiatric technician licensed under article 295 of this title 12; or
(XVI) A respiratory therapist licensed under article 300 of this title 12.
(b) Solicitation means an initial contact initiated in person, through any form of electronic or written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless the contact is requested by the individual, a member of the individual's family, or the individual's authorized representative. Solicitation does not include radio, television, newspaper, or yellow pages advertisements.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 764, � 1, effective October 1. L. 2022: (4)(a)(IV) amended, (SB 22-219), ch. 381, p. 2724, � 31, effective January 1, 2023.
Editor's note: This section is similar to former � 12-29.1-102 as it existed prior to 2019.
Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.
12-30-104. Health-care prescriber boards - disciplinary procedures - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Health-care prescriber board or board means:
(I) The Colorado podiatry board created in section 12-290-105;
(II) The Colorado dental board created in section 12-220-105;
(III) The Colorado medical board created in section 12-240-105;
(IV) The state board of nursing created in section 12-255-105;
(V) The state board of optometry created in section 12-275-107; and
(VI) The state board of veterinary medicine created in section 12-315-106.
(b) Licensee means an individual who is licensed or otherwise regulated by a board.
(2) Except as specified in subsection (4) of this section, notwithstanding any other provision of law in title 24 or this title 12, each health-care prescriber board shall:
(a) Within fifteen days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of the complainant's patient records pursuant to sections 25-1-801 and 25-1-802;
(b) If an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct, provide the complainant, within thirty days after the action, with written notice of the action taken by the board;
(c) If a complaint is still pending after six months, notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law; and
(d) Update its website within thirty days after suspending or revoking a license to separately list each licensee subject to the suspension or revocation.
(3) If patient records are potentially relevant to resolution of a complaint against a licensee and the licensee is the custodian of the records, the licensee shall provide the board with the patient records within thirty days after the board requests the records.
(4) If any provision of article 4 of title 24, part 1 of article 255 of this title 12, or article 220, 240, 275, 290, or 315 of this title 12 is more protective of complainants' rights or results in a more expeditious resolution of disciplinary proceedings than a corresponding provision of this section, that provision applies rather than the corresponding provision of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 766, � 1, effective October 1. L. 2020: (4) amended, (HB 20-1183), ch. 157, p. 697, � 38, effective July 1.
Editor's note: This section is similar to former � 24-34-112 as it existed prior to 2019.
12-30-105. Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal. (1) There is hereby created, within the division, the nurse-physician advisory task force for Colorado health care, referred to in this section as NPATCH. The purpose of the NPATCH is to promote public safety and improve health care in Colorado by supporting collaboration and communication between the practice of nursing, the practice as a certified midwife, and the practice of medicine. The NPATCH shall:
(a) Promote patient safety and quality care;
(b) Address issues of mutual concern at the interface of the practice of nursing, the practice as a certified midwife, and the practice of medicine;
(c) Inform public policy-making; and
(d) Make consensus recommendations to policy-making and rule-making entities, including recommendations to the executive director.
(2) (a) The NPATCH consists of twelve members appointed as follows:
(I) One member of the state board of nursing, appointed by the president of the board;
(II) One member of the Colorado medical board, appointed by the president of the board;
(III) Ten members appointed by the governor as follows:
(A) Three members recommended by and representing a statewide professional nursing organization;
(B) Three licensed physicians recommended by and representing a statewide physicians' organization that represents multi-specialty physicians and whose membership includes at least one-third of the doctors of medicine and osteopathy licensed in the state;
(C) One member representing the nursing community who may or may not be a member of a statewide professional nursing organization;
(D) One member representing the physician community who may or may not be a member of a statewide physicians' organization; and
(E) Two members representing consumers.
(b) The members of the NPATCH shall serve on a voluntary basis without compensation and shall serve three-year terms; except that, in order to ensure staggered terms of office, four of the initial appointees shall serve initial one-year terms and four of the initial appointees shall serve initial two-year terms.
(3) (a) Except as provided in subsection (3)(b) of this section, the NPATCH may develop its own bylaws and procedures to govern its operations.
(b) A recommendation of the NPATCH requires the consensus of the members of the task force. For purposes of this section, consensus means an agreement, decision, or recommendation that all members of the task force can actively support and that no member actively opposes.
(4) The division shall staff the NPATCH. The division's costs for administering and staffing the NPATCH shall be funded by an increase in fees for professional and advanced practice registered nursing, certified midwife, and medical license renewal fees, as authorized in sections 12-240-130 and 12-255-107 (1)(b)(I), with fifty percent of the funding derived from the physician license renewal fees and fifty percent derived from the professional and advanced practice registered nursing and certified midwife license renewal fees.
(5) The NPATCH shall prioritize consideration of and make recommendations on the following topics:
(a) and (b) Repealed.
(c) Quality assurance mechanisms for all medication prescribers;
(d) Evidence-based guidelines;
(e) Decision support tools;
(f) Safe prescribing metrics for all medication prescribers;
(g) Methods to foster effective communication between health professions;
(h) Health-care delivery system integration and related improvements;
(i) Physician standards, processes, and metrics to ensure appropriate consultation, collaboration, and referral regarding advanced practice registered nurse and certified midwife prescriptive authority;
(j) Prescribing issues regarding providers other than physicians, advanced practice registered nurses, and certified midwives;
(k) Alignment of health-care licensing with federal statutory minimums;
(l) Identification of unnecessary regulatory burdens or barriers;
(m) Regulatory reforms that support health-care licensees to work at their full scope of practice;
(n) Feasibility of temporary candidate licenses for students nearing the completion of an accredited health-care program. At a minimum, the NPATCH must consider reimbursement, liability, and health and safety issues in its analysis; and
(o) Updates or modifications, as necessary, to preventive health-care services set forth in section 10-16-104 (18)(b). In recommending the updates and modifications, the NPATCH must:
(I) Consult with the national clinical society for the relevant disease state or population, if one exists; and
(II) Provide opportunities for experts in the relevant disease state or population at issue, if any exist; relevant patient groups, if any exist, representing the relevant disease state or population at issue; and insurers offering commercial coverage in the state to provide input on the evidence and recommendations at the NPATCH meetings.
(6) The NPATCH shall make recommendations pursuant to this section to the executive director.
(7) This section is repealed, effective September 1, 2027. Before the repeal, the functions of the NPATCH are scheduled for review in accordance with section 2-3-1203.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 767, � 1, effective October 1. L. 2020: (2)(a)(III)(B) and (7) amended, (HB 20-1209), ch. 189, p. 863, � 2, effective June 30; (1)(d) amended and (5)(a) and (5)(b) repealed, (HB 20-1216), ch. 190, p. 880, � 27, effective July 1. L. 2022: (5)(i) amended and (5)(k) to (5)(n) added, (SB 22-226), ch. 179, p. 1190, � 7, effective May 18. L. 2023: IP(1), (1)(b), (4), (5)(i), and (5)(j) amended, (SB 23-167), ch. 261, p. 1532, � 26, effective May 25; (5)(n) amended, (HB 23-1301), ch. 303, p. 1818, � 12, effective August 7. L. 2025: (5)(o) added, (SB 25-196), ch. 182, p. 781, � 2, effective May 12.
Editor's note: This section is similar to former � 24-34-109 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. For the legislative declaration in SB 22-226, see section 1 of chapter 179, Session Laws of Colorado 2022.