CO Code § 25-3.5-203 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 3.5 - Emergency Medical and Trauma Services|Part 2 - Treatment Subsystem|§ 25-3.5-203. Emergency Medical Service Providers - Licensure - Renewal of License - Duties of Department - Rules - Criminal History Record Checks - Definitions

     Repealed.  (a.5) The executive director or chief medical officer shall regulate the acts emergency medical service providers are authorized to perform subject to the medical direction of a licensed physician. The executive director or chief medical officer, after considering the advice and recommendations of the advisory council, shall adopt and revise rules, as necessary, regarding the regulation of emergency medical service providers and their duties and functions.     The department shall certify and license emergency medical service providers. The board shall adopt rules for the certification and licensure of emergency medical service providers. The rules must include the following:   A statement that a certificate or license is valid for a period of three years after the date of issuance;    A statement that the certificate or license is renewable at its expiration upon the certificate holder's or licensee's satisfactory completion of the training requirements established pursuant to subsection (2) of this section;    Provisions governing the use of results of national and state criminal history record checks by the department to determine the action to take on a certification or license application pursuant to subsection (4) of this section. Notwithstanding section 24-5-101, provisions governing the use of criminal history record check results must allow the department to consider whether the applicant has been convicted of a felony or misdemeanor involving moral turpitude and the pertinent circumstances connected with the conviction and to make a determination whether the conviction disqualifies the applicant from certification or licensure.    Disciplinary sanctions, which must include provisions for the denial, revocation, and suspension of certificates and licenses and the suspension and probation of certificate holders and licensees;    An appeals process pursuant to sections 24-4-104 and 24-4-105 that is applicable to department decisions in connection with certifications and licenses and sanctions;    Pursuant to subsection (1)(b.5) of this section, rules regarding the conversion of an emergency medical service provider's valid certification to a license upon the emergency medical service provider's demonstration to the satisfaction of the department that the emergency medical service provider has completed a four-year bachelor's degree program from an accredited college or university in a field related to the health sciences or an equivalent field, as determined by the board by rule; and    A statement that an emergency medical service provider may practice in a clinical setting, as defined in section 25-3.5-207 (1)(a), subject to the requirements of section 25-3.5-207 and rules adopted by the board.    (b.5) (I) On or after January 1, 2021, an individual in this state who holds a valid emergency medical service provider certificate issued by the department may apply for a license issued by the department pursuant to this section. The department may issue a license to a certificate holder who has completed a four-year bachelor's degree program from an accredited college or university in a field related to the health sciences or an equivalent field, as determined by the board by rule.    The conversion of an emergency medical service provider's certification to licensure pursuant to this subsection (1)(b.5) does not:   Affect any prior discipline, limitation, or condition imposed by the department on an emergency medical service provider;    Limit the department's authority over any certificate holder; or    Affect any pending investigation or administrative proceeding.               The department may issue a provisional certification or license to an applicant for certification or licensure as an emergency medical service provider who requests issuance of a provisional certification or license and who pays any fee authorized under rules adopted by the board. A provisional certification or license is valid for not more than ninety days. (c) (I) The department may issue a provisional certification or license to an applicant for certification or licensure as an emergency medical service provider who requests issuance of a provisional certification or license and who pays any fee authorized under rules adopted by the board. A provisional certification or license is valid for not more than ninety days.    The department shall not issue a provisional certification or license unless the applicant satisfies the requirements for certification or licensure in accordance with this section and rules adopted by the board under this subsection (1). If the department finds that an emergency medical service provider that has received a provisional certification or license has violated any requirements for certification or licensure, the department may impose disciplinary sanctions under subsection (1)(b)(IV) of this section.    The department may issue a provisional certification or license to an applicant whose fingerprint-based criminal history record check has not yet been completed. The department shall require the applicant to submit to a name-based criminal history record check prior to issuing a provisional certification or license.    The board shall adopt rules as necessary to implement this subsection (1)(c), including rules establishing a fee for provisional certification or licensure. The department shall deposit any fee collected for a provisional certification or license in the emergency medical services account created in section 25-3.5-603.         The department shall exempt certified or licensed emergency medical service providers who have been called to federally funded active duty for more than one hundred twenty days to serve in a war, emergency, or contingency from the payment of certification or license fees and from continuing education or professional competency requirements of this article 3.5 for a renewal date during the service or the six months after the completion of service. (d) (I) The department shall exempt certified or licensed emergency medical service providers who have been called to federally funded active duty for more than one hundred twenty days to serve in a war, emergency, or contingency from the payment of certification or license fees and from continuing education or professional competency requirements of this article 3.5 for a renewal date during the service or the six months after the completion of service.    Upon presentation of satisfactory evidence by an applicant for certification or license renewal, the department may accept continuing medical education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to renew the individual's certification or license.    (A) A veteran, active military service member, or member of the National Guard and reserves separating from an active duty tour or the spouse of a veteran or member may apply for certification or licensure under this article 3.5 while stationed or residing within this state. The veteran, member, or spouse is exempt from the initial certification or licensure requirements in this article 3.5, except for those in subsection (4) of this section, if the veteran, member, or spouse holds a current, valid, and unrestricted certification from the National Registry of Emergency Medical Technicians (NREMT) at or above the level of state certification being sought.    The board shall promulgate rules to implement this subsection (1)(d), including the criteria and evidence for acceptable continuing medical education and training or service.          The council shall advise the department and the board in establishing the training requirements for certificate or license renewal, which training requirements must include a classroom component requiring at least thirty-six and not more than fifty classroom hours.    Repealed.      The department shall require a certification or licensure applicant to submit to a federal bureau of investigation fingerprint-based national criminal history record check from the Colorado bureau of investigation to investigate the applicant for an emergency medical service provider certificate or license. The department may acquire a name-based criminal history record check for a certificate or license applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.    Each emergency medical service provider certification or licensure applicant required under this subsection (4) to submit to a federal bureau of investigation fingerprint-based national criminal history record check shall obtain a complete set of fingerprints taken by a local law enforcement agency, another entity designated by the department, or any third party approved by the Colorado bureau of investigation. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days unless requested to do so by the applicant. The approved third party or government entity shall transmit the fingerprints to the Colorado bureau of investigation, which shall in turn forward them to the federal bureau of investigation for a national criminal history record check. The department or other authorized government entity is the authorized agency to receive and disseminate information regarding the result of a national criminal history record check. Each entity handling the national criminal history record check shall comply with Pub.L. 92-544, as amended. Each government entity acting as the authorized recipient of the result of a national criminal history record check shall forward the result of the initial national criminal history record check and any subsequent notification of activity on the record to the department to determine the individual's eligibility for initial certification or licensure or certification or licensure renewal.    (Deleted by amendment, L. 2019.)    (Deleted by amendment, L. 2019.)    (Deleted by amendment, L. 2019.)    If an applicant for certification or licensure renewal has lived in Colorado for:   More than three years at the time of certification or licensure renewal and submitted to a federal bureau of investigation fingerprint-based national criminal history record check at the time of initial certification or licensure or at the time of a previous renewal of certification or licensure, the applicant is not required to submit to a subsequent fingerprint-based criminal history record check; or    Three years or less at the time of certification or licensure renewal and submitted to a federal bureau of investigation fingerprint-based national criminal history record check at the time of initial certification or licensure or a previous renewal of certification or licensure, the applicant shall submit to another federal bureau of investigation fingerprint-based national criminal history record check from the Colorado bureau of investigation; except that the department may acquire a state name-based criminal history record check for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.       When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the department, government entity, or private, not-for-profit, or for-profit organization that required the fingerprint-based criminal history record check shall require that person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). (4.5)   As used in this subsection (4.5), unless the context otherwise requires:   “Cat” means a small, domesticated feline animal that is kept as a pet. “Cat” does not include a nondomesticated wild animal.    “Dog” means any canine animal owned for domestic, companionship, service, therapeutic, or assistance purposes.    “Emergency medical service provider” means an emergency medical service provider that is certified or licensed by the department of public health and environment, created under section 25-1-102.    “Employer” means an entity or organization that employs or enlists the services of an emergency medical service provider, regardless of whether the provider is paid or is a volunteer. The employer may be a public, private, for-profit, or nonprofit organization or entity; or a special district.    “Preveterinary emergency care” means the immediate medical stabilization of a dog or cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. “Preveterinary emergency care” does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat, unless a person's life could be in danger attempting to save the life of a dog or cat.       Notwithstanding any other provision of law, an emergency medical service provider may provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.    Notwithstanding any other provision of law, nothing in this subsection (4.5) imposes upon an emergency medical service provider any obligation to provide care to a dog or cat, or to provide care to a dog or cat before a person.          Repealed.     History. Source: L. 77: Entire article added, p. 1281, § 2, effective January 1, 1978. L. 84: Entire section amended, p. 764, § 5, effective July 1. L. 85: (1) amended, p. 524, § 16, effective July 1. L. 87: (1) amended and (3) added, p. 1126, § 2, effective July 1. L. 89: (1) amended and (3) repealed, p. 1152, §§ 3, 5, effective July 1. L. 94: (1) amended, p. 2758, § 420, effective July 1. L. 2000: (1) amended and (4) and (5) added, p. 529, § 6, effective July 1. L. 2001: (1), (2), and (4) amended, p. 1144, § 1, effective June 5. L. 2003: (1)(b)(III) and (4) amended, p. 1662, § 1, effective May 14. L. 2007: (4)(a), (4)(b), (4)(c)(I), (4)(d)(I), and (4)(e) amended, p. 637, § 1, effective April 26. L. 2009: (1)(c) added,(HB 09-1275), ch. 278, p. 1244, § 1, effective May 19. L. 2010: (1)(a) amended and (1)(a.5) added,(HB 10-1260), ch. 403, p. 1944, § 8, effective July 1. L. 2012: (1)(a.5), IP(1)(b), (1)(c)(I), (1)(c)(II), (4)(a), (4)(b)(I), and (4)(c)(I)(A) amended and (1)(d) added,(HB 12-1059), ch. 271, p. 1428, § 4, effective July 1. L. 2014: (4.5) added,(SB 14-039), ch. 45, p. 219, § 2, effective August 6. L. 2015: (1)(d)(III) amended,(HB 15-1015), ch. 171, p. 539, § 2, effective August 5. L. 2017: (4)(b)(I) amended,(SB 17-189), ch. 149, p. 504, § 13, effective August 9. L. 2019: (4)(g) added,(HB 19-1166), ch. 125, p. 553, § 37, effective April 18; (1)(b), (1)(c), (1)(d), (2), and (4) amended and (1)(b.5) added,(SB 19-242), ch. 396, p. 3518, § 2, effective May 31; (1)(b)(IV) and (1)(b)(V) amended, (1)(b)(VII) added, and (5) repealed,(SB 19-052), ch. 122, pp. 528, 530, §§ 2, 6, effective August 2.    Editor's note:    Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective January 1, 2011. (SeeL. 2010, p. 1944.)    Amendments to subsection (1)(b) by SB 19-052 and SB 19-242 were harmonized.    Subsection (5) was repealed and relocated to § 25-3.5-103 (8.8) in 2019.    Subsection (1)(b)(VII) was numbered as (1)(b)(VI) in SB 19-052 but has been renumbered on revision for ease of location.    Subsection (4)(g) was numbered as (4)(f) in HB 19-1166 but has been renumbered on revision for ease of location.     Cross references:   For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 14-039, see section 1 of chapter 45, Session Laws of Colorado 2014.