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 215 - CHIROPRACTORS (§§ 12-215-101 — 12-215-202) › Part 1 - REGULATION OF CHIROPRACTORS (§§ 12-215-101 — 12-215-130) › Section 12-215-118 - Disciplinary proceedings

(1)
The board, through the department, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article 215 or on any matter within the board's jurisdiction upon the conditions and terms the board may determine.
(2)
A proceeding for the discipline of a licensee may be commenced when the board has reasonable grounds to believe that a licensee under the board's jurisdiction has committed an act that may violate section
12-215-115
.
(3)
Disciplinary proceedings and hearings shall be conducted in the manner prescribed by article
4
of title
24
and section
12-20-403
.
(4)
A previously issued license to engage in the practice of chiropractic shall not be revoked or suspended until after a hearing conducted pursuant to section
24-4-105
, except in the case of a deliberate and willful violation of this article 215 or if the public health, safety, and welfare require emergency action under section
24-4-104(4)
. The denial of an application to renew an existing license shall be treated in all respects as a revocation. If an application for a new license is denied, the applicant, within sixty days after the giving of notice of such action, may request a hearing as provided in section
24-4-105
.
(5)
(a)
A person providing copies of records subpoenaed pursuant to section
12-20-403(2)
shall prepare them from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but he or she shall identify the patient by a numbered code, to be retained by the custodian of the records from which the copies were made.
(b)
Upon certification of the custodian that the copies are true and complete except for the patient's name, they shall be deemed authentic, subject to the right to subpoena the originals for the limited purpose of ascertaining the accuracy of the copies. The originals shall remain confidential and be returned to the custodian as soon as the accuracy of the copy is ascertained or as soon as the case is concluded if the original is needed as evidence of falsification. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board or the custodian for furnishing or using the copies in accordance with this subsection (5).
(6)
If a licensee has committed an act that violates section
12-215-115
, the board shall take disciplinary or other action as specified in section
12-20-404
or otherwise discipline a licensee as provided for in this article 215. A revoked or suspended license may thereafter be reissued by the board. The board may dismiss or terminate probation prior to the completion of the probationary period.
(7)
The board may send a letter of admonition by certified mail to a chiropractor against whom a complaint was made under the circumstances specified in and in accordance with section
12-20-404(4)
and shall also send a copy of the letter of admonition to the person making the complaint.
(8)
Notwithstanding other laws to the contrary, investigations, examinations, meetings, and other proceedings of the board conducted pursuant to this section are not required to be conducted publicly, and minutes of the board need not be open to public inspection; except that final action of the board taken pursuant to this section shall be open to the public.
Renumbered from C.R.S. §
12-33-119
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 59: p. 299, § 1. CRS 53: § 23-2-16. C.R.S. 1963: § 23-1-16. L. 77: (4) added, p. 662, § 4, effective July 1. L. 79: Entire section R&RE, p. 493, § 14, effective July 1. L. 85: (4) and (8) amended, (6) repealed, and (9) added, pp. 510, 511, §§ 6, 10, effective July 1. L. 87: (1) amended, p. 946, § 33, effective March 13. L. 89: (3.5) added, p. 671, § 8, effective July 1. L. 95: (9) amended, p. 1318, § 9, effective July 1. L. 2003: (2), (5), and (7) amended and (10) added, p. 797, § 2, effective August 6. L. 2004: (3.5), (7), and (9) amended, p. 1825, § 65, effective August 4.
This section is similar to former § 12-33-119 as it existed prior to 2019.