First Regular Session
Sixty-first General Assembly
LLS NO. 970705.01D PLC
HOUSE BILL 971327
STATE OF COLORADO
BY REPRESENTATIVE Lawrence;
also SENATOR Wham.
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING CLARIFYING WHEN A PHYSICIAN IS REQUIRED
TO REPORT ANOTHER PHYSICIAN TO THE COLORADO STATE BOARD OF MEDICAL
EXAMINERS FOR UNPROFESSIONAL CONDUCT BY ADDING A PROVISION TO
THE DEFINITION OF UNPROFESSIONAL CONDUCT IN THE COLORADO "MEDICAL
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Clarifies when a physician is required to report
another physician to the Colorado state board of medical examiners
for unprofessional conduct by adding a provision to the definition
of unprofessional conduct in the Colorado "Medical Practice
Excepts from such reporting requirements:
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 1236117 (1), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
1236117. Unprofessional conduct. (1) "Unprofessional conduct" as used in this article means:
(jj) FAILING TO REPORT TO THE BOARD ANY PHYSICIAN KNOWN, OR UPON REASONABLE INFORMATION AND BELIEF, TO HAVE VIOLATED ANY OF THE PROVISIONS OF THIS SUBSECTION (1). THE FOLLOWING SHALL NOT BE CONSIDERED UNPROFESSIONAL CONDUCT IF A PHYSICIAN FAILS TO:
(I) REPORT A PHYSICIAN HE OR SHE IS TREATING FOR A MENTAL DISABILITY OR HABITUAL INTEMPERANCE OR EXCESSIVE USE OF ANY HABITFORMING DRUG UNLESS, IN THE OPINION OF THE TREATING PHYSICIAN, THE IMPAIRED PHYSICIAN PRESENTS A DANGER TO HIMSELF OR HERSELF OR OTHERS.
(II) REPORT INFORMATION LEARNED THROUGH PARTICIPATION IN PROFESSIONAL REVIEW PROCEEDINGS CONDUCTED IN CONFORMANCE WITH ARTICLE 36.5 THIS TITLE.
(III) REPORT TO THE BOARD UNPROFESSIONAL CONDUCT AS DEFINED IN PARAGRAPHS (i) AND (o) OF THIS SUBSECTION (1), IF REPORTED TO A BOARDAPPROVED PEER ASSISTANCE PROGRAM, AS DEFINED IN SECTION 1236123.5.
SECTION 2. Effective date. This act shall take effect July 1, 1997.
SECTION 3. 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.