2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-105 - Colorado medical board - immunity - subject to review - repeal of article

(1)
(a)
There is created the Colorado medical board, referred to in this article 240 as the "board". The board is a
type 1
entity, as defined in section
24-1-105
. The board consists of seventeen members appointed by the governor and possessing the qualifications specified in this article 240 and as follows:
(I)
Eleven physician members, including eight members having the degree of doctor of medicine and three members having the degree of doctor of osteopathy;
(II)
Two members licensed under this article 240 as physician assistants; and
(III)
Four members from the public at large who have no financial or professional association with the medical profession.
(b)
The terms of the members of the board are four years; except that the terms of appointed members shall be staggered so that no more than nine members' terms expire in the same year.
(2)
The members appointed pursuant to subsections (1)(a)(I) and (1)(a)(II) of this section must be licensed in good standing and have been actively engaged in the practice of their professions in this state for at least three years preceding their appointments.
(3)
If a vacancy in the membership of the board occurs for any cause other than expiration of a term, the governor shall appoint a successor to fill the unexpired portion of the term of the member whose office has been vacated and shall appoint the new member in the same manner as members for a full term. Members of the board shall remain in office until their successors have been appointed. A member of the board may be removed by the governor for continued neglect of duty, incompetence, or unprofessional or dishonorable conduct.
(4)
The board shall elect biennially from its members a president and a vice-president. Meetings of the board or any panel established pursuant to this article 240 shall be held as scheduled by the board in the state of Colorado. Except as provided in section
12-240-125(6)
, a majority of the board shall constitute a quorum for the transaction of all business. All meetings of the board shall be deemed to have been duly called and regularly held, and all decisions, resolutions, and proceedings of the board shall be deemed to have been duly authorized, unless the contrary be proved.
(5)
This article 240 is repealed, effective September 1, 2026. Before the repeal, this article 240, including an analysis of physician responsibilities related to recommendations for medical marijuana and the provisions of section
25-1.5-106
, are scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 469,§124, eff. 8/10/2022.
Amended by 2022 Ch. 2,§15, eff. 2/25/2022.
Amended by 2019 Ch. 411,§7, eff. 10/1/2019.
Amended by 2019 Ch. 406,§10, eff. 10/1/2019.
Renumbered from C.R.S. §
12-36-103
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2019 Ch. 411,§3, eff. 8/2/2019.
Amended by 2019 Ch. 406,§2, eff. 7/1/2019.
L. 51: p. 562, § 3. CSA: C. 109, § 33(3). CRS 53: § 91-1-3. C.R.S. 1963: §§ 91-1-3, 91-1-39. L. 67: p. 812, § 1. L. 73: p. 1027, § 7. L. 76: (1), (2), and (4) amended and (7) added, p. 417, § 1, effective July 1; (6) added, p. 624, § 19, effective July 1. L. 79: (4) amended, p. 507, § 2, effective July 1; (4) amended, p. 910, § 9, effective July 1. L. 87: (1) amended, p. 904, § 7, effective June 15. L. 88: (1) amended, p. 521, § 1, effective July 1. L. 91: (6) amended, p. 682, § 26, effective April 20. L. 95: (4), (5), and (6)(b) amended, p. 1056, § 1, effective July 1. L. 2000: (1)(a) amended, p. 173, § 2, effective March 17. L. 2001: (2) amended, p. 1269, § 12, effective June 5. L. 2003: (1) amended, p. 911, § 12, effective August 6. L. 2004: (3) and (5) amended, p. 1827, § 67, effective August 4. L. 2010: (6)(a) amended, (SB 10-109), ch. 356, p. 1696, §5, effective June 7; (1)(a), (2), (3), (4), (6)(a), (6)(b), and (7) amended, (HB 10-1260), ch. 403, pp. 1948, 1943, §§ 14, 1, effective July 1.
(1) This section is similar to former § 12-36-103 as it existed prior to 2019.
(2) (a) Before its relocation in 2019, this section was amended in SB 19-193. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-193, chapter 406, Session Laws of Colorado 2019.
(b) Before its relocation in 2019, this section was amended in HB 19-1095. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1095, chapter 411, Session Laws of Colorado 2019.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).