Section 12-300-109 - Grounds for action - disciplinary proceedings(1) The director may take disciplinary action against a licensee if the director finds that the person has represented himself or herself to be a licensed respiratory therapist after the expiration or suspension of his or her license.(2) The director has the power to take disciplinary or other action as authorized in section 12-20-404 against a licensee in accordance with subsections (4), (5), (6), and (8) of this section upon proof that the person:(a) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;(b)(I) Has been convicted of or has entered and had accepted by a court a plea of guilty or nolo contendere to: (A) A felony pursuant to section 18-1.3-401; or(B) Any crime as defined in title 18 that relates to the person's employment as a respiratory therapist.(II) A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be prima facie evidence of the conviction. In conjunction with any disciplinary proceeding pertaining to this subsection (2)(b), the director shall be governed by sections 12-20-202 (5) and 24-5-101.(c) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under his or her care;(d) Has had a license to practice respiratory therapy or any other health-care occupation suspended, revoked, or otherwise subjected to discipline in any jurisdiction. A certified copy of the order of suspension, revocation, or discipline shall be prima facie evidence of the suspension, revocation, or discipline.(e) Has violated or has aided or knowingly permitted any person to violate this article 300 or an applicable provision of article 20 or 30 of this title 12;(f) Practiced respiratory therapy in a manner that failed to meet generally accepted standards for respiratory therapists;(g) Has negligently or willfully violated any order or rule of the director pertaining to the practice or licensure of respiratory therapy;(h) Has a substance use disorder, as defined in section 27-81-102, or is an excessive or habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects; except that the director has the discretion not to discipline the license holder if he or she is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;(i)(I) Has failed to notify the director, as required by section 12-30-108 (1), of a physical condition, physical illness, or behavioral, mental health, or substance use disorder that affects the licensee's ability to practice respiratory therapy with reasonable skill and safety or that may endanger the health or safety of persons under his or her care;(II) Has failed to act within the limitations created by a physical condition, physical illness, or behavioral, mental health, or substance use disorder that renders the person unable to practice respiratory therapy with reasonable skill and safety or that might endanger the health or safety of persons under his or her care; or(III) Has failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-300-111;(j) Has committed: (I) A fraudulent insurance act as defined in section 10-1-128;(II) An abuse of health insurance, as set forth in section 18-13-119, or advertised through any medium that he or she will perform an act prohibited by section 18-13-119 (3);(k) Has engaged in any of the following activities or practices: (I) Willful and repeated ordering and performance, without justification, of demonstrably unnecessary laboratory tests or studies;(II) Administering treatment that is demonstrably unnecessary, without clinical justification;(III) Failing to obtain consultations or perform referrals when failing to do so is inconsistent with the standard of care for the profession; or(IV) Ordering or performing, without clinical justification, a service, procedure, or treatment that is contrary to recognized standards of the practice of respiratory therapy as interpreted by the director;(l) Has practiced respiratory therapy without possessing a valid license issued by the director in accordance with this article 300 and any rules adopted under this article 300;(m) Has used in connection with his or her name any designation that implies that he or she is a certified, registered, or licensed respiratory therapist, unless the person is licensed pursuant to this article 300;(n) Has practiced respiratory therapy as a licensed respiratory therapist during the time that his or her license was suspended, revoked, or expired;(o) Has sold, fraudulently obtained, or furnished a license to practice as a licensed respiratory therapist, or has aided or abetted the activity;(p) Has failed to notify the director of the suspension, probation, or revocation of any of the person's past or currently held licenses, certificates, or registrations required to practice respiratory therapy in this or any other jurisdiction;(q) Has knowingly employed any person who is not licensed in the practice of respiratory therapy in the capacity of a respiratory therapist;(r) Has failed to respond in a timely manner to a complaint issued under this article 300; or(s) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-300-110.(3) The director shall revoke, suspend, deny, or refuse to renew a license, place a licensee on probation, or issue a cease-and-desist order or letter of admonition to a licensee in accordance with subsections (4), (5), (6), and (8) of this section upon proof that the person: (a) Has falsified or repeatedly made incorrect essential entries or repeatedly failed to make essential entries on patient records;(b) Has practiced outside of or beyond the person's area of training, experience, or competence.(4) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.(5) A disciplinary proceeding may be commenced when the director has reasonable grounds to believe that a licensee has committed acts that may violate this section.(6) Disciplinary proceedings shall be conducted pursuant to section 12-20-403 and article 4 of title 24.(7)(a) The director may seek an injunction in accordance with section 12-20-406 to enjoin any person from committing any act prohibited by this article 300.(b) In accordance with the provisions of article 4 of title 24, this article 300, and section 12-20-403, the director is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.(8) If the director finds the charges proved and orders that discipline be imposed, the director may require, as a condition of reinstatement, that the licensee take such therapy or courses of training or education as may be needed to correct any deficiency found.(9) A final action of the director may be judicially reviewed in accordance with section 12-20-408, and judicial proceedings for the enforcement of an order of the director may be instituted in accordance with section 24-4-106.(10) An employer of a respiratory therapist shall report to the director any disciplinary action taken against the therapist or the resignation of the therapist in lieu of disciplinary action for conduct that violates this article 300.(11)(a) Investigations, examinations, hearings, meetings, and other proceedings of the director conducted pursuant to this section shall be exempt from any law that requires:(I) The proceedings to be conducted publicly; or(II) The minutes or records of the director, with respect to action taken pursuant to this section, to be open to the public.(b) Subsection (11)(a) of this section shall not apply after the director has made a decision to proceed with a disciplinary action and has served by first-class mail a notice of formal complaint on the licensee.(12) The director may issue and send a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4).(13) The director may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).(14) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.Amended by 2020 Ch. 286, § 39, eff. 7/13/2020.Renumbered from C.R.S. § 12-41.5-109 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Amended by 2017 Ch. 263, § 76, eff. 5/25/2017.Amended by 2015 Ch. 112, § 3, eff. 7/1/2015.L. 2000: Entire article added, p. 1309, § 1, effective July 1. L. 2001: (5.5) added, p. 253, § 1, effective March 30. L. 2002: (2)(b)(I)(A) amended, p. 1480, § 85, effective October 1. L. 2003: (2)(j)(I) amended, p. 622, § 36, effective July 1. L. 2004: (5.5)(b) and (8) amended and (11) and (12) added, p. 1847, § 97, effective August 4. L. 2005: (2)(h) amended and (2.5) added, p. 243, § 1, effective July 1. L. 2006: IP(2) amended and (11.5) and (13) to (17) added, p. 810, § 38, effective July 1; (2)(l) to (2)(q) added with relocated provisions, p. 91, § 43, effective August 7. L. 2012: (2)(h) amended, (HB 12-1311), ch. 281, p. 1615, § 28, effective July 1. L. 2015: IP (2), (2)(i), (2)(p), (5.5)(b)(II), (5.5)(b)(III), (11)(a), (11)(b), and (17) amended and (2)(r), (2)(s), and (18) added, (SB 15-105), ch. 112, p. 332, § 3, effective July 1. L. 2017: (2)(h), (2)(i)(I), and (2)(i)(II) amended, (SB 17-242), ch. 263, p. 1282, § 76, effective May 25.This section is similar to former § 12-41.5-109 as it existed prior to 2019.