4 Colo. Code Regs. § 755-1-8

Current through Register Vol. 47, No. 22, November 25, 2024

Section 4 CCR 755-1-8 - DISCIPLINARY VIOLATIONS and UNLICENSED PRACTICE

8.1 Grounds for Discipline

A. Statement of Basis and Purpose

The purpose of these Rules is to clarify acts that constitute grounds for discipline pursuant to these Rules and Article 170 of Title 12, C.R.S.

The authority for these Rules is found in sections 12-20-404; 12-170-105(1)(a)(I), 12-170-105(1)(a)(II), 12-170-105(1)(a)(IV), and 12-170-105(1)(a)(V); 12-170-108(2); 12-170-109; and 24-4-103, C.R.S.

B. The Director may initiate disciplinary or other action as authorized in these Rules, as authorized in section 24-4-104(4), C.R.S., and as authorized in section 12-20-404, C.R.S., when the Director has reasonable grounds to believe that the licensee has engaged in any of the following:

1. Violated a provision of Article 170, C.R.S. or any of these Rules promulgated pursuant to Article 170;

2. Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections 12-20-202(5) and 24-5-101, C.R.S. Pursuant to sections 12-20-404(8) and 12-30-121, C.R.S., the director will not consider legally protected marijuana convictions and legally protected health-care activities.

3. Made any misstatement on an application for a license to practice pursuant to Article 170, C.R.S. or attempted to obtain a license to practice by fraud, deception, or misrepresentation;

4. Committed an act or failed to perform an act necessary to meet the generally accepted professional standards of conduct to practice a profession licensed pursuant to Article 170, C.R.S. or promulgated by rule pursuant to 12-170-105(1)(a)(II)(D), including performing services outside of the person's area of training, experience, or competence;

5. Excessively or habitually uses or abuses alcohol or controlled substances;

6. Violated any of the provisions of Article 170, C.R.S., an applicable provision of Article 20 of title 12, C.R.S., or any valid order of the director;

7. Is guilty of unprofessional or dishonest conduct;

8. Advertises by means of false or deceptive statement;

9. Fails to display the license as provided in section 12-170-108(2), C.R.S.;

10. Fails to comply with the Rules promulgated by the director pursuant to Article 170, C.R.S.;

11. Is guilty of willful misrepresentation;

12. Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a facilitator;

13. Has violated or has aided or knowingly permitted any person to violate any provision of this article 170, or applicable provisions of article 20 or 30 of this title 12.

14. Fails to timely respond to a complaint sent by the director pursuant to section 12-170-110.

15. Fails to report an adverse event to the Director within 24 hours, as required by Rule 6.23.

16 Has acted in a manner that is inconsistent with the health or safety of persons under their care.

17 Has had a license related to facilitation or clinical facilitation, suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.

C. "Unprofessional or dishonest conduct," includes the following:

1. Conviction of certain felony or misdemeanor offenses, including the following:

a. A conviction or plea of nolo contendere of any felony or misdemeanor crime related to the practice of facilitation, as defined in section 12-170-104(5), C.R.S.;

b. A conviction or plea of nolo contendere of any felony or misdemeanor crime involving dishonesty or willful misrepresentation;

c. In considering a conviction or plea pursuant to this paragraph 8.1(C)(1) and (2), the Director's determination must be made in accordance with sections 12-20-202(5) and 24-5-101, C.R.S. Pursuant to sections 12-20-404(8) and 12-30-121, C.R.S., the director will not consider legally protected marijuana convictions and legally protected health-care activities.

2. The following adverse actions:

a. Disciplinary or other actions taken against facilitation licenses held in another state;

b. Disciplinary or other actions taken against a secondary license (in Colorado or another jurisdiction) held by a clinical facilitator.

3. Performs services outside the scope of the licensees secondary or other license.

8.2 Duty to Report Criminal Convictions and Unprofessional or Dishonest Conduct

A. Statement of Basis and Purpose and Authority

The purpose of these Rules is to clarify the procedures for reporting convictions and unprofessional or dishonest conduct pursuant to section 12-170-109(1)(l), C.R.S. and these Rules.

The authority for these Rules is set forth in sections in sections 12-20-404; 12-170-105(1)(a)(I), 12-170-105(1)(a)(II), 12-170-105(1)(a)(IV), and 12-170-105(1)(a)(V); 12-170-108(2); 12-170-109; and 24-4-103, C.R.S.

B. Any licensee, Facilitator licensee, Clinical Facilitator licensee, Distinguished Educator licensee, or Training licensee, must inform the Director, in writing or in another manner set forth by the Director, within forty-five days of any criminal conviction or other action meeting the definition of unprofessional or dishonest conduct.

C. The notice to the Director must include the following information:

1. If the event is an action by a government agency: the name of the agency, its jurisdiction, the case name, 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 or a conviction or a crime involving dishonest or wilful misrepresentation, or a crime related to the practice of facilitation: 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 facilitator must 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 within 90 days of such action; and

3. 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 arbitrational decision, or, if settled, the settlement agreement and court's order of dismissal.

C. The facilitator may submit a written statement with any notice under these Rules to be included in the facilitator's records.

D. These Rules apply to all criminal convictions and unprofessional or dishonest conduct events that occur on or after the effective date of this Rule.

8.3 Unlicensed Practice

A. Statement of Basis and Purpose and Authority

The purpose of these Rules is to clarify the procedures for the Director to prevent against the unlicensed practice of natural medicine facilitation services, pursuant to section 12-170-105(1)(g), C.R.S. and these Rules.

The authority for these Rules is set forth in sections 12-20-404; 12-170-105(1)(a)(I), 12-170-105(1)(a)(II), 12-170-105(1)(a)(IV), and 12-170-105(1)(a)(V); 12-170-108(2); 12-170-109; and 24-4-103, C.R.S.

B. If it appears to the Director that a person without a license is engaged in the provision of facilitation, i.e., the performance and supervision of natural medicine services for a participant, the Director may issue an order to cease and desist their conduct in accordance with section 12-20-405(1)(a), C.R.S. Any individual who receives an order directing them to cease and desist the unlicensed practice of natural medicine facilitation services may request a hearing pursuant to sections 12-20-405(1)(b), 24-4-104, and 24-4-105, C.R.S.

1. A person may be engaged in the provision of facilitation if that individual refers to themself as a "facilitator," "clinical facilitator," "distinguished educator licensee," or "training licensee."

2. A person may be engaged in the provision of facilitation if that individual seeks remuneration for services that are otherwise within the scope of the practice of facilitation.

C. An individual who is not licensed may perform a bona fide religious, culturally traditional, or spiritual ceremony, if the individual informs all persons engaging in the ceremony that the individual is not a licensed facilitator and that the ceremony is not associated with commercial, business, or for-profit activity.

4 CCR 755-1-8

47 CR 11, June 10, 2024, effective 6/30/2024

47 CR 16, August 25, 2024, effective 9/14/2024