CO Code § 12-255-120 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 255 - Nurses and Nurse Aides|Part 1 - Nurses and Nurse Aides|§ 12-255-120. Grounds for Discipline - Definitions

  “Grounds for discipline”, as used in this part 1, means any action by any person who:   Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;      Has been convicted of a felony or any crime that would constitute a violation of this part 1. (b) (I) Has been convicted of a felony or any crime that would constitute a violation of this part 1.    (A) For purposes of this subsection (1)(b), “convicted” includes entering a plea of guilty or nolo contendere or imposing a deferred sentence.       Has acted in a manner inconsistent with the health or safety of persons under his or her care;    Has had a license to practice nursing or any other health-care occupation suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of the suspension or revocation.    Has violated or has aided or knowingly permitted any person to violate any provision of this part 1 or an applicable provision of article 20 or 30 of this title 12;    Has practiced nursing in a manner that fails to meet generally accepted standards for the nursing practice;    Has violated any order or rule of the board pertaining to nursing practice or licensure;    Has falsified or in a negligent manner made incorrect entries or failed to make essential entries on patient records;    Excessively or habitually uses or abuses or has engaged in excessive or habitual use or abuse of alcohol, a habit-forming drug, a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects; except that the board has the discretion not to discipline the licensee if the licensee is participating in good faith in a program approved by the board designed to end the excessive or habitual use or abuse;    Has failed to:   Notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that affects the person's ability to practice nursing with reasonable skill and safety to patients or that may endanger the health or safety of individuals under the person's care;    Act within the limitations created by a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that renders the person unable to practice nursing with reasonable skill and safety to patients or that may endanger the health or safety of individuals under the person's care; or    Comply with the limitations agreed to under a confidential agreement entered into pursuant to section 12-30-108;       Has violated the confidentiality of information or knowledge as prescribed by law concerning any patient;    Has engaged in any conduct that would constitute a crime as defined in title 18 and that relates to the person's employment as a practical or professional nurse. In conjunction with any disciplinary proceeding pertaining to this subsection (1)(l), the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.      Has violated abuse of health insurance pursuant to section 18-13-119; or (m) (I) Has violated abuse of health insurance pursuant to section 18-13-119; or    Has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3);       Has engaged in any of the following activities and practices: Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies; the administration, without clinical justification, of treatment that is demonstrably unnecessary; the failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of nursing as interpreted by the board;    Has committed a fraudulent insurance act, as defined in section 10-1-128;    Has prescribed, distributed, or given to himself or herself or a family member any controlled substance as defined in part 2 of article 18 of title 18 or as contained in schedule II of 21 U.S.C. sec. 812, except for medical marijuana lawfully recommended and obtained pursuant to the laws of the state of Colorado;    Has dispensed, injected, or prescribed an anabolic steroid, as defined in section 18-18-102 (3), for the purpose of hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so or for the intended purpose of improving performance in any form of exercise, sport, or game;    Has dispensed or injected an anabolic steroid, as defined in section 18-18-102 (3), unless the anabolic steroid is dispensed from a pharmacy pursuant to a written prescription or is dispensed by any person licensed to practice medicine in the course of the person's professional practice;    Has administered, dispensed, or prescribed any habit-forming drug or any controlled substance, as defined in section 18-18-102 (5), other than in the course of legitimate professional practice, which includes the recommendation, administration, or dispensation of medical marijuana;    Has been disciplined by another state, territory, or country based upon an act or omission that is defined substantially the same as a ground for discipline pursuant to this subsection (1);    Willfully fails to respond in a materially factual and timely manner to a complaint issued pursuant to section 12-255-119 (3);    Has failed to accurately complete and submit to the board the designated questionnaire upon renewal of a license pursuant to section 12-255-110 (3), 12-255-114 (3), or 12-255-115 (7);      Represents himself or herself to an individual or to the general public by use of any word or abbreviation to indicate or induce others to believe that he or she is a licensed practical or professional nurse unless the person is actually licensed as a practical nurse or professional nurse, respectively; or (w) (I) Represents himself or herself to an individual or to the general public by use of any word or abbreviation to indicate or induce others to believe that he or she is a licensed practical or professional nurse unless the person is actually licensed as a practical nurse or professional nurse, respectively; or    Uses the title “nurse”, “registered nurse”, “R.N.”, “practical nurse”, “trained practical nurse”, “licensed vocational nurse”, “licensed practical nurse”, or “L.P.N.” unless the person is licensed by the board;       Practices as a practical or professional nurse during a period when the person's license has been suspended, revoked, or placed on inactive status pursuant to section 12-255-122;    Sells or fraudulently obtains or furnishes a license to practice as a nurse or aids or abets therein;    Has failed to report to the board, within thirty days after a final conviction, that the person has been convicted of a crime, as defined in title 18;    Fails to maintain professional liability insurance in accordance with section 12-255-113;    Repealed.    Engaged in a sexual act with a patient during the course of patient care or within six months immediately following the termination of the person's professional relationship with the patient. As used in this subsection (1)(cc), “sexual act” means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.    Has failed to notify the board, in writing and within thirty days after a judgment or settlement is entered, of a final judgment by a court of competent jurisdiction against the licensee for malpractice of nursing or a settlement by the licensee in response to charges or allegations of malpractice of nursing and, in the case of a judgment, has failed to include in the notice the name of the court, the case number, and the names of all parties to the action;    Fails to report to the board, within thirty days after an adverse action, that an adverse action has been taken against the person by another licensing agency in another state or jurisdiction, a peer review body, a health care institution, a professional or nursing society or association, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 255;    Fails to report to the board, within thirty days, the surrender of a license or other authorization to practice nursing in another state or jurisdiction or the surrender of membership on any nursing staff or in any nursing or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 255;    Is diverting or has diverted a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects from the person's place of employment; or    Has been convicted of an offense under section 18-13-131. For purposes of this subsection (1)(hh), “convicted” includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.        History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 1346, § 1, effective October 1. L. 2020: IP(1), (1)(b)(I), and (1)(e) amended,(HB 20-1183), ch. 157, p. 682, § 19, effective July 1; (1)(c), (1)(f), (1)(g), (1)(i), (1)(j), (1)(z), and (1)(aa) amended, (1)(bb) repealed, and (1)(cc) to (1)(gg) added,(HB 20-1216), ch. 190, p. 865, § 5, effective July 1; (1)(aa) and (1)(bb) amended and (1)(hh) added,(HB 20-1014), ch. 238, p. 1156, § 5, effective September 14. L. 2021: (1)(p) and (1)(s) amended,(SB 21-056), ch. 96, p. 385, § 3, effective September 7.    Editor's note:    This section is similar to former § 12-38-117 as it existed prior to 2019.    Subsection (1)(bb) was amended in SB 20-1014, effective September 14, 2020. However, those amendments were superseded by the repeal of subsection (1)(bb) in HB 20-1216, effective July 1, 2020.     Cross references:   For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. For the legislative declaration in SB 21-056, see section 1 of chapter 96, Session Laws of Colorado 2021.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   The purpose of the general assembly in amending the statute in July 1985 was to allow discipline in cases in which a plea of guilty resulted in a conviction. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   The legislative intent in amending subsection (1)(b) was to allow discipline in cases where a guilty plea results in a conviction. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   But subsection (1)(b) does not allow discipline in cases where a guilty plea results in the successful completion of a deferred judgment. Thus, where a nurse's guilty pleas resulted in a deferred judgment and had been dismissed by the time the Board brought charges, the nurse did not have a conviction of guilty and had not violated subsection (1)(b). Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   A licensing board is, however, entitled to consider the conduct giving rise to criminal charges in the context of other disciplinary rules. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   This section defines the grounds for revocation of a license. Colo. State Bd. of Nurse Exam'rs v. Hohu, 129 Colo. 195 , 268 P.2d 401 (1954).   This section provides adequate notice of the proscribed conduct to those persons licensed to practice nursing in this state. Kibler v. State, 718 P.2d 531 (Colo. 1986); Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   Licenses once issued are not to be revoked for simply violating rules of the board, or what the board may determine to be professional ethics; it must be for a breach of the statute, and that is a matter for the courts to determine. Colo. State Bd. of Nurse Exam'rs v. Hohu, 129 Colo. 195 , 268 P.2d 401 (1954).   Petitioner violated subsection (1)(a) where she failed to disclose on her application that she had plead guilty to check fraud and that such pleas had not been withdrawn at the time she filed her application. Petitioner knew of such guilty pleas and had a duty to disclose them on her application. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   Subsection (1)(i) requires that an addiction or dependency must be proven to exist at the time of the hearing in order to be the source of a disciplinary action and, in the present case, the state board of nursing erred in imposing discipline where the evidence did not support the conclusion that on the date of the hearing the claimant had an alcohol addiction or dependency. State Bd. of Nursing v. Crickenberger, 757 P.2d 1167 (Colo. App. 1988).   If it was held to be the rule that profanity is a ground for revoking a license, then there could be a serious depletion in the ranks of all professions. Colo. State Bd. of Nurse Exam'rs v. Hohu, 129 Colo. 195 , 268 P.2d 401 (1954).   Statute violated where licensee failed to disclose on nursing license application guilty pleas for writing insufficient funds checks when the pleas had not been withdrawn. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   Nurse did not violate statute when, at the time the nursing board brought disciplinary action against her, she did not have an existing conviction for a felony, nor did her pleas of guilty legally exist since they had been dismissed with prejudice. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).   Following a successful completion of a deferred judgment, there no longer exists a plea of guilty to a felony and no judgment of conviction ever existed. Therefore, a professional licensing board may not discipline a licensee under the statute. Weber v. Colo. State Bd. of Nursing, 830 P.2d 1128 (Colo. App. 1992).