Sixty-first General Assembly
LLS NO. 970045.01 DHG
HOUSE BILL 971050
STATE OF COLORADO
BY REPRESENTATIVE Epps;
also SENATOR Wham.
ENGROSSED
HEALTH, ENVIRONMENT,
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING THE EXEMPTION FROM STATE LICENSING REQUIREMENTS
OF CERTAIN SERVICES PERFORMED BY OUTOFSTATE PHYSICIANS
FOR PERSONS IN COLORADO.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Requires Colorado licensure of outofstate
physicians who render services in Colorado in more than 12 cases
per year or who interpret tests or images for the treatment of
patients residing in Colorado when such patients have not traveled
out of state for treatment, unless the patients are under the
care of a Coloradolicensed physician. Provides an exemption
for outofstate physicians who interpret tests or images
when the patient's care is subject to supervision by a Coloradolicensed
primary care physician and the interpretation of the tests or
images is transmitted directly to the primary care physician.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1236106 (3) (b), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:
1236106. Practice of medicine defined exemptions from licensing requirements repeal. (3) Nothing in this section shall be construed to prohibit, or to require a license under this article with respect to, any of the following acts:
(b) (I) The rendering of services
in this state by a physician lawfully practicing medicine in another
state or territory; but if
EXCEPT THAT any such physician does
not limit such services to an occasional case or if he
SHALL BE REQUIRED TO POSSESS A LICENSE TO PRACTICE MEDICINE IN
THIS STATE IF THE PHYSICIAN:
(A) RENDERS SERVICES IN THIS STATE IN MORE THAN TWELVE CASES IN ANY CALENDAR YEAR;
(B) Has any established or regularly used
hospital connections in this state; or
if he
(C) Maintains or is provided with for
his regular use OF any office or
other place IN THIS STATE for the rendering of such services;
he shall possess a license to practice
medicine in this state; OR
(D) INTERPRETS TESTS OR IMAGES FOR THE TREATMENT OF PATIENTS RESIDING IN COLORADO WHEN SUCH PATIENTS HAVE NOT TRAVELED FOR PURPOSES OF TREATMENT TO THE OTHER STATE OR TERRITORY IN WHICH THE PHYSICIAN IS LICENSED OR ARE NOT CONTINUING A COURSE OF TREATMENT COMMENCED IN ANOTHER STATE.
(II) NOTWITHSTANDING SUBSUBPARAGRAPH (D) OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE IN ANOTHER STATE OR TERRITORY MAY INTERPRET TESTS OR IMAGES FOR THE TREATMENT OF A PATIENT RESIDING IN COLORADO WHEN THE PATIENT HAS NOT TRAVELED FOR PURPOSES OF TREATMENT TO SUCH OTHER STATE OR TERRITORY IF, AT THE TIME OF THE INTERPRETATION OF SUCH TESTS OR IMAGES:
(A) THE PATIENT IS UNDER THE CARE OF A DULY LICENSED PRACTICING PHYSICIAN OR OTHER LICENSED PRACTITIONER ACTING UNDER THE DIRECTION OF THE REFERRING PHYSICIAN IN THIS STATE; AND
(B) SUCH INTERPRETATION IS GIVEN OR SENT DIRECTLY TO THE REFERRING PHYSICIAN OR TO A PERSON ACTING UNDER THE DIRECTION OF THE REFERRING PHYSICIAN.
SECTION 2. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 3. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to acts occurring on or after said date.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.