CO Code § 12-255-107 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 255 - Nurses and Nurse Aides|Part 1 - Nurses and Nurse Aides|§ 12-255-107. Powers and Duties of the Board - Rules - Definition

  The board has the following powers and duties:     To approve, pursuant to rules adopted by the board, educational programs in this state preparing individuals for licensure under this part 1, including approving curricula, conducting surveys, and establishing standards for the educational programs; to deny approval of or withdraw approval from the educational programs for failure to meet required standards as established by this part 1 or pursuant to rules adopted by the board; and to further establish standards in accordance with this part 1 in the form of rules to determine whether institutions outside this state shall be deemed to have acceptable educational programs and whether graduates of institutions outside this state shall be deemed to be graduates of approved educational programs for the purpose of licensing requirements in this state under this part 1; and to determine by rule when accreditation by a state or voluntary agency may be accepted in lieu of board approval; (a) (I) To approve, pursuant to rules adopted by the board, educational programs in this state preparing individuals for licensure under this part 1, including approving curricula, conducting surveys, and establishing standards for the educational programs; to deny approval of or withdraw approval from the educational programs for failure to meet required standards as established by this part 1 or pursuant to rules adopted by the board; and to further establish standards in accordance with this part 1 in the form of rules to determine whether institutions outside this state shall be deemed to have acceptable educational programs and whether graduates of institutions outside this state shall be deemed to be graduates of approved educational programs for the purpose of licensing requirements in this state under this part 1; and to determine by rule when accreditation by a state or voluntary agency may be accepted in lieu of board approval;    To approve nurse aide training programs in accordance with section 12-255-118.5;           To examine, license, certify, reactivate, and renew licenses or certifications of qualified applicants, and to grant to the applicants temporary licenses and permits, to engage in the practice of practical nursing and professional nursing or the practice of a nurse aide, as applicable, in this state within the limitations imposed by this article 255. Licenses and certifications issued pursuant to this article 255 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). (b) (I) (A) To examine, license, certify, reactivate, and renew licenses or certifications of qualified applicants, and to grant to the applicants temporary licenses and permits, to engage in the practice of practical nursing and professional nursing or the practice of a nurse aide, as applicable, in this state within the limitations imposed by this article 255. Licenses and certifications issued pursuant to this article 255 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).    The director may increase fees to obtain or renew a professional nurse license or advanced practice registered nurse authority under this part 1 consistent with section 12-30-105 (4) to fund the division's costs in administering and staffing the nurse-physician advisory task force for Colorado health care created in section 12-30-105 (1).    Any person whose license or certification has expired is subject to the penalties provided in this article 255 or section 12-20-202 (1).       In order to facilitate the licensure and certification of qualified applicants, the board may, in its discretion, assign licensing and certification functions in accordance with this article 255 to either panel. Any action taken by a quorum of the assigned panel constitutes action by the board.         To limit the scope of any license, to place a temporary licensee on probation, or to take disciplinary or other action as specified in section 12-20-404 upon proof that the licensee has committed an act that constitutes grounds for discipline under section 12-255-120 or 12-295-111; (c) (I) To limit the scope of any license, to place a temporary licensee on probation, or to take disciplinary or other action as specified in section 12-20-404 upon proof that the licensee has committed an act that constitutes grounds for discipline under section 12-255-120 or 12-295-111;    To suspend, revoke, or deny a certification to practice as a nurse aide or authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that the person engaged in an act that constitutes grounds for discipline under section 12-255-209;       To permit the executive officer, during the period between board meetings and pursuant to board rules, to:   Administer examinations and competency evaluations to qualified applicants;    Issue licenses or certifications by endorsement, examination, or competency evaluation, as applicable, to qualified applicants;    Renew licenses or certifications of qualified applicants; and    Issue temporary licenses and permits to qualified applicants;       To adopt and revise rules concerning qualifications needed to practice as a practical nurse when the practice requires preparation and skill beyond that of a practical nurse pursuant to section 12-255-114;    To provide by rule for the legal recognition of nurse licensees from other states and jurisdictions;    To charge and collect appropriate fees;    To investigate and conduct hearings upon charges for the discipline of nurses and nurse aides in accordance with article 4 of title 24 and section 12-20-403 and to impose disciplinary sanctions as provided in this article 255 and section 12-20-404;    To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of this article 255 and incur necessary expenses therefor;    To adopt rules pursuant to section 12-20-204 to carry out the purposes of this article 255, including rules pertaining to the certification of nurse aides to ensure compliance with federal law and regulation relating to nurse aides;    To administer the licensing and regulation of psychiatric technicians pursuant to article 295 of this title 12 and to adopt and revise rules pursuant to section 12-20-204 consistent with the laws of this state as may be necessary:   To renew, grant, suspend, limit the scope of, and revoke licenses of psychiatric technicians in accordance with article 295 of this title 12;    To prescribe standards and approve curricula for educational programs preparing persons for licensure as psychiatric technicians;    To provide for surveys of education programs at such times as the board may deem necessary;    To accredit education programs that meet the requirements of the board and article 295 of this title 12;    To deny accreditation to or withdraw accreditation from educational programs for failure to meet prescribed standards;    To conduct hearings pursuant to section 12-295-112;    To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of article 295 of this title 12 and incur necessary expenses therefor;         To conduct criminal history record checks on any individual under the jurisdiction of the board, against whom a complaint has been filed. (l) (I) To conduct criminal history record checks on any individual under the jurisdiction of the board, against whom a complaint has been filed.    For purposes of this subsection (1)(l), “criminal history record check” means a written review of an individual's criminal conviction history.       To facilitate the licensure of nurses under the “Enhanced Nurse Licensure Compact”, part 38 of article 60 of title 24, as follows:   Appoint a qualified delegate to serve on the interstate commission of nurse licensure compact administrators;    Participate in the coordinated licensure information system, as that is defined in article II c. of section 24-60-3802;    Require an applicant for licensure under the compact to have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant is required to submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the board. The board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the compact. The board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The board shall not release the results to the public, the interstate commission of nurse licensure compact administrators, or other state licensing boards.    Notify the interstate commission of nurse licensure compact administrators of any adverse action taken by the board; and    Approve payment of assessments levied by the interstate commission of nurse licensure compact administrators to cover the cost of the operations and activities of the commission and its staff.          The board shall appoint advisory committees pursuant to section 12-255-108 of at least three psychiatric technicians to advise the board on matters pertaining to psychiatric technician testing. The board shall, in its discretion, assign matters referred to the board by the psychiatric technicians advisory committee to a panel for consideration and implementation, if necessary.    When the board determines that rules are completed and established, the board shall make copies available at a reasonable cost.    The board shall, in its discretion, assign matters referred to the board by the nurse aide advisory committee, created pursuant to section 12-255-207, to a panel for consideration and implementation, if necessary.    The authority granted the board under the provisions of this article 255 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.    The board shall maintain a registry of all certified nurse aides and a record of all final disciplinary action taken against persons under this article 255. The registry shall conform to all requirements of federal law and regulation.    The board shall not issue a certificate to a former holder of a nurse aide certificate whose certificate was revoked or surrendered to avoid discipline unless:   The two-year waiting period specified in section 12-20-404 (3) has passed since the date of the revocation or surrender; and    The applicant meets the requirements of this article 255, has successfully repeated an approved educational program as required by the board, and has repeated and passed a competency evaluation.        History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 1323, § 1, effective October 1. L. 2020: (1)(a), (1)(b), (1)(c), (1)(d), (1)(h), (1)(j), and (4) amended and (6) and (7) added with relocations,(HB 20-1183), ch. 157, p. 676, § 6, effective July 1; (1)(b)(I) amended,(HB 20-1216), ch. 190, p. 871, § 12, effective July 1.    Editor's note:    Subsection (1) is similar to former § 12-38-108 (1); subsection (2) is similar to former § 12-38-108 (1.1)(a); subsection (3) is similar to former § 12-38-108 (2); subsection (4) is similar to former § 12-38-108 (3); and subsection (5) is similar to former § 12-38-108.5, as those sections existed prior to 2019.    Subsection (6) is similar to former § 12-260-104 (4), and subsection (7) is similar to former § 12-260-104 (5)(a), as they existed prior to 2020.    Amendments to subsection (1)(b) of this section by HB 20-1183 and HB 20-1216 were harmonized.     Cross references:    For provisions concerning the panel referred to in subsections (1)(b)(II), (2), and (4), see § 12-255-119.    For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020.     ANNOTATION   Law reviews. For note, “The Right to Cross-Examine Adverse Witnesses as a Part of Due Process in Hearings Before Colorado Agencies”, see 31 Dicta 383 (1954). For note, “Acts of Diagnosis by Nurses and the Colorado Professional Nursing Practice Act”, see 45 Den. L.J. 467 (1968).