3 Colo. Code Regs. § 722-1.9
Current through Register Vol. 47, No. 20, October 25, 2024
Section 3 CCR 722-1.9 - Reporting Convictions, Judgments and Administrative ProceedingsThe purpose of this Rule is to clarify the procedures for reporting convictions, judgments and administrative proceedings pursuant to sections 12-235-111(1)(i), (j), (m), and (n), C.R.S.
A licensee as defined in section 12-20-102(10), C.R.S., shall inform the Director in writing, or in a manner set forth by the Director, within ninety days of any of the following events:
A. The conviction of the licensee of any offense under the laws of any state or of the United States, which would be a violation of section 12-235-111(1), C.R.S. A guilty verdict, a plea of guilty or a plea of nolo contendere (no contest) accepted by the court is considered a conviction;B. A disciplinary action imposed upon the licensee by another jurisdiction that registers or licenses massage therapists, which would be a violation of section 12-235-111(1), C.R.S., including, but not limited to, a citation, sanction, probation, civil penalty, or a denial, suspension, revocation, or modification of a license or registration whether it is imposed by consent decree, order, or other decision, for any cause other than failure to pay a license or registration fee by the due date or failure to meet continuing professional education requirements;C. Revocation or suspension by another state board, municipality, federal or state agency of any health services related license or registration, other than a license or registration for massage therapy as described in section 12-235-111, C.R.S.; and orD. Any judgment, award or settlement of a civil action or arbitration in which there was a final judgment or settlement against the licensee for malpractice of massage therapy.E. The notice to the Director shall include the following information; 1. If the event is an action by a governmental agency (as described above), the name of the agency, its jurisdiction, the case name, and the docket, proceeding or case number by which the event is designated, and a copy of the consent decree, order or decision;2. If the event is a felony conviction, the court, its jurisdiction, the case name, the case number, a description of the matter or a copy of the indictment or charges, and any plea or verdict entered by the court. The licensee shall also provide to the Director a copy of the imposition of sentence related to the felony conviction and the completion of all terms of the sentence with ninety days of such action; and or3. If the event concerns a civil action or arbitration proceeding, the court or arbiter, the jurisdiction, the case name, the case number, a description of the matter or a copy of the complaint, and a copy of the verdict, the court or arbitration decision, or, if settled, the settlement agreement and court's order of dismissal;F. The licensee notifying the Director may submit a written statement with the notice to be included with the licensee records.G. Failure to report any convictions, judgments or administrative actions to the Directory within ninety days of such action may result in disciplinary proceedings pursuant to section 12-235-112, C.R.S., including but not limited to revocation, suspension, or denial of an application to practice massage in Colorado.37 CR 11, June 10, 2014, effective 7/1/201438 CR 01, January 10, 2015, effective 1/30/201540 CR 01, January 10, 2017, effective 1/30/201740 CR 19, October 10, 2017, effective 10/30/201743 CR 03, February 10, 2020, effective 1/1/202043 CR 07, April 10, 2020, effective 4/30/202043 CR 22, November 25, 2020, effective 12/15/202044 CR 09, May 10, 2021, effective 5/30/202145 CR 17, September 10, 2022, effective 8/15/202245 CR 16, August 25, 2022, effective 9/14/202245 CR 21, November 10, 2022, effective 11/30/2022