First Regular Session

Sixty-first General Assembly

LLS NO. 97­0705.01D PLC HOUSE BILL 97­1327

STATE OF COLORADO

BY REPRESENTATIVE Lawrence;

also SENATOR Wham.

HEALTH, ENVIRONMENT,

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 PRACTICE ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

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 Act".

Excepts from such reporting requirements:

• A physician who is treating another physician for a mental disability or habitual intemperance or excessive use of any habit­forming drug unless the physician­patient is a threat to himself or herself or others;
• A physician who obtains information through professional review proceedings; and

• A physician who reports another physician's habitual intemperance or excessive use of habit­forming drugs or the presence of a physical or mental disability to a board­approved peer assistance program.
  
  

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.