Section 12-20-404 - Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions(1)General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may: (a) Issue a letter of admonition in accordance with subsection (4) of this section;(b)(I) Place a licensee, certificate holder, or registrant on probation, except as provided in subsection (1)(b)(II) of this section.(II) A regulator is not authorized under this subsection (1)(b) to impose probation on a licensee, certificate holder, or registrant regulated under the following:(A) Article 150 of this title 12 concerning passenger tramways;(C) Article 255 of this title 12 concerning nurse aides; or(D) Article 310 of this title 12 concerning surgical assistants and surgical technologists.(c)(I) Impose an administrative fine, subject to any limitations or requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section.(II) A regulator is not authorized under this subsection (1)(c) to impose a fine on a licensee, certificate holder, or registrant regulated under the following: (B) Article 140 of this title 12 concerning nontransplant tissue banks;(D) Article 205 of this title 12 concerning athletic trainers;(E) Article 255 of this title 12 concerning nurse aides;(F) Article 265 of this title 12 concerning nursing home administrators;(G) Article 270 of this title 12 concerning occupational therapists and occupational therapy assistants;(H) Article 300 of this title 12 concerning respiratory therapists; or(I) Article 310 of this title 12 concerning surgical assistants and surgical technologists.(d)(I) Deny, refuse to renew, revoke, or suspend the license, certification, or registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section.(II) A regulator is not authorized under this subsection (1)(d) to refuse to renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following:(A) Article 105 of this title 12 concerning barbers and cosmetologists;(B) Article 110 of this title 12 concerning combative sports;(D) Article 140 of this title 12 concerning nontransplant tissue banks;(E) Article 145 of this title 12 concerning outfitters and guides;(G) Article 200 of this title 12 concerning acupuncturists;(H) Article 225 of this title 12 concerning direct-entry midwives;(I) Article 240 of this title 12 concerning medical practice;(J) Article 250 of this title 12 concerning naturopathic doctors;(J.5) Article 255 of this title 12 concerning nurses and certified midwives;(K) Article 255 of this title 12 concerning nurse aides;(L) Article 305 of this title 12 concerning speech-language pathologists; or(M) Article 315 of this title 12 concerning veterinarians and veterinary technicians.(2)Deferral precluded.(a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution.(b) This subsection (2) does not apply to the following:(II) Article 140 of this title 12 concerning nontransplant tissue banks;(III) Article 150 of this title 12 concerning passenger tramways; and(IV) Article 255 of this title 12 concerning nurse aides.(3)Waiting period after revocation or surrender.(a)(I) Except as provided in subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration.(II) In addition, the waiting period specified in subsection (3)(a)(I) of this section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline: (A) Article 105 of this title 12 concerning barbers and cosmetologists;(B) Article 145 of this title 12 concerning outfitters and guides;(C.5) Article 165 of this title 12 concerning radon professionals;(D) Article 200 of this title 12 concerning acupuncturists;(D.5) Article 205 of this title 12 concerning athletic trainers;(E) Article 210 of this title 12 concerning audiologists;(F) Article 230 of this title 12 concerning hearing aid providers;(G) Article 235 of this title 12 concerning massage therapists;(H) Article 240 of this title 12 concerning medical practice;(I) Article 250 of this title 12 concerning naturopathic doctors;(J) Article 255 of this title 12 concerning nurses, certified midwives, and nurse aides;(K) Article 270 of this title 12 concerning occupational therapists and occupational therapy assistants;(L) Article 285 of this title 12 concerning physical therapists and physical therapist assistants;(M) Article 300 of this title 12 concerning respiratory therapists;(N) Article 305 of this title 12 concerning speech-language pathologists; and(O) Article 310 of this title 12 concerning surgical assistants and surgical technologists.(III)(A) For a person whose license as a nursing home administrator issued under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation.(B) For a person whose license, certification, or registration as a mental health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender.(b) This subsection (3) applies to a person enrolled as an engineer-intern pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12.(c) This subsection (3) does not apply to the following:(I) Article 110 of this title 12 concerning combative sports;(III) Article 140 of this title 12 concerning nontransplant tissue banks;(IV) Article 150 of this title 12 concerning passenger tramways;(VI) Article 215 of this title 12 concerning chiropractors; and(VIII) Article 295 of this title 12 concerning psychiatric technicians.(4)Letter of admonition.(a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant.(b)(I) When a regulator sends a letter of admonition to a licensee, certificate holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based.(II) If the licensee, certificate holder, or registrant timely requests adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings.(5)Confidential letter of concern.(a) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern.(b) This subsection (5) does not apply to the following: (II) Article 140 of this title 12 concerning nontransplant tissue banks; and(III) Article 150 of this title 12 concerning passenger tramways.(6)Disposition of fines.(a) Except as specified in subsection (6)(b) of this section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund.(b) The disposition of fines collected by: (I) The state electrical board is governed by section 12-115-122 (5)(a);(II) The director for violations of laws governing the activities of outfitters and guides is governed by section 12-145-110 (3); and(III) The state plumbing board is governed by section 12-155-123 (4)(a).(7)Mistreatment of at-risk adult. A licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request.(8)Discipline based solely on marijuana activity.(a) Notwithstanding subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on:(I) A civil or criminal judgment against the applicant, licensee, certificate holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action:(A) Was lawful and consistent with professional conduct and standards of care within Colorado; and(B) Did not otherwise violate Colorado law;(II) Previous professional disciplinary action concerning the applicant's, licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action:(A) Was based solely on the applicant's, licensee's, certificate holder's, or registrant's consumption, possession, cultivation, or processing of marijuana; and(B) Did not otherwise violate Colorado law.(b) As used in this section, unless the context otherwise requires: (I) "Civil judgment" means a final court decision and order resulting from a civil lawsuit or a settlement in lieu of a final court decision.(II) "Criminal judgment" means a guilty verdict, a plea of guilty, a plea of nolo contendere, or a deferred judgment or sentence.Amended by 2023 Ch. 261,§ 22, eff. 5/25/2023.Amended by 2023 Ch. 252,§ 1, eff. 5/24/2023.Amended by 2022 Ch. 254,§ 3, eff. 9/1/2022.Amended by 2022 Ch. 421, § 21, eff. 8/10/2022.Amended by 2022 Ch. 442, § 3, eff. 8/10/2022.Amended by 2021 Ch. 423, § 10, eff. 9/1/2021.Amended by 2021 Ch. 398, § 3, eff. 9/7/2021.Amended by 2021 Ch. 106, § 6, eff. 9/7/2021.Amended by 2021 Ch. 174, § 2, eff. 9/1/2021.Amended by 2021 Ch. 139, § 3, eff. 9/1/2021.Amended by 2020 Ch. 269, § 8, eff. 7/10/2020.Amended by 2020 Ch. 190, § 22, eff. 7/1/2020.Amended by 2020 Ch. 157, § 34, eff. 7/1/2020.Renumbered from C.R.S. § 12-5.5-302 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.(1) This section is similar to former § 12-5.5-302 as it existed prior to 2019.
(2) (a) Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized. (b) Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were harmonized.
(3) Section 47 of chapter 423 (SB 21-266), Session Laws of Colorado 2021, provides that the act changing this section takes effect only if both SB 21-092 and SB 21-147 become law, in which case the changes to this section take effect September 1, 2021. SB 21-092 and SB 21-147 both became law and the changes to this section take effect September 1, 2021.
2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2022 Ch. 254, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.