Current through 11/5/2024 election
Section 12-240-106 - Powers and duties of board - limitation on authority - rules(1) In addition to all other powers and duties conferred and imposed upon the board by this article 240, the board has the following powers and duties to: (a) Promulgate rules pursuant to section 12-20-204 that are fair, impartial, and nondiscriminatory;(b) Make investigations, hold hearings, and take evidence in accordance with section 12-20-403 in all matters relating to the exercise and performance of the powers and duties vested in the board; (c) Aid law enforcement in the enforcement of this article 240 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions; and(d) Adopt rules as necessary in accordance with section 12-240-130.5 to implement the requirement for continuing medical education for physicians.(2) To facilitate the licensure of qualified applicants and address the unlicensed practice of medicine, the unlicensed practice as a physician assistant, and the unlicensed practice as an anesthesiologist assistant, the president of the board shall establish a licensing panel in accordance with section 12-240-116 to perform licensing functions in accordance with this article 240 and review and resolve matters relating to the unlicensed practice of medicine, unlicensed practice as a physician assistant, and unlicensed practice as an anesthesiologist assistant. Two panel members constitute a quorum of the panel. Any action taken by a quorum of the panel constitutes action by the board.(3) To facilitate the licensure of a physician under the "Interstate Medical Licensure Compact Act", part 36 of article 60 of title 24, the board shall obtain a set of fingerprints from an applicant for licensure under the compact and shall forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation. The board is the authorized agency to receive information regarding the result of a national criminal history record check. The applicant whose fingerprints are checked shall pay the actual costs of the state and national fingerprint-based criminal history record check.(4) The authority granted the board under the provisions of this article 240 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.Amended by 2024 Ch. 385,§ 2, eff. 8/7/2024.Added by 2019 Ch. 136, § 1, eff. 10/1/2019.Subsection (1) is similar to former § 12-36-104(1); subsection (2) is similar to former § 12-36-104(3); subsection (3) is similar to former § 12-36-104(4); and subsection (4) is similar to former § 12-36-104.5, as those sections existed prior to 2019.
2024 Ch. 385, was passed without a safety clause. See Colo. Const. art. V, § 1(3).