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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-122 - Discipline - procedure - professional review - immunity - reconsideration and review of action by board - rules

(1)
(a)
With respect to licenses issued pursuant to this article 275, the board may:
(I)
Impose probation, with or without supervision, on a licensee, or take disciplinary or other action as authorized in section
12-20-404
, for any reason stated in section
12-275-120
or for violating any term of probation of the board;
(II)
Summarily suspend a license upon the failure of the licensee to comply with any condition of a stipulation or order imposed by the board until the licensee complies with the condition, unless compliance is beyond the control of the licensee; and
(III)
Impose a fine not to exceed five thousand dollars on a licensee for a violation of this article 275 or a rule promulgated pursuant to this article 275 other than a violation related to a standard of practice. The board shall, by rule, promulgate a fining schedule with lesser amounts for first violations and increasing amounts for subsequent violations of this subsection (1)(a)(III).
(b)
Upon its own motion or upon a signed complaint, an investigation may be made if there is reasonable cause to believe that an optometrist licensed by the board has committed an act of unprofessional conduct pursuant to section
12-275-120
or, while under probation, has violated the terms of the probation.
(c)
If a licensee requests a hearing to dispute formal board action or if the board finds such probability great and a hearing is conducted, the hearing shall be conducted in accordance with the provisions of sections
12-20-403
and
24-4-105
.
(d)
The board may revoke, suspend, deny, issue, reissue, or reinstate licenses granted pursuant to this article 275 or under the previous laws of this state, and the board may take other intermediate action deemed necessary under the circumstances of each case pursuant to this section.
(2)
Section
12-20-408
governs judicial review of an action of the board in refusing to grant or renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision pursuant to subsection (1)(a)(I) of this section.
(3)
The board may send a letter of admonition by certified mail to a licensee under the circumstances specified in and in accordance with section
12-20-404(4)
.
(4)
The board may send a confidential letter of concern to a licensee under the circumstances specified in section
12-20-404(5)
.
(5)
In addition to the persons specified in section
12-20-402
, any member of a professional review committee authorized by the board, any member of the committee's staff, and any person acting as a witness or consultant to the committee is granted the same immunity, and is subject to the same conditions for immunity, as specified in section
12-20-402
.
(6)
(a)
The board, on its own motion or upon application, at any time after the refusal to grant a license, the imposition of any discipline, or the ordering of probation, as provided in this section and section
12-20-404
, may reconsider its prior action and grant, reinstate, or restore the license, terminate probation, or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, rests in the sole discretion of the board.
(b)
Upon the receipt of the application, it may be forwarded to the attorney general for such investigation as may be deemed necessary. The proceedings shall be governed by the applicable provisions governing formal hearings in disciplinary proceedings. The attorney general may present evidence bearing upon the matters in issue, and the burden shall be upon the applicant seeking reinstatement to establish the averments of the application as specified in section
24-4-105(7)
. No application for reinstatement or for modification of a prior order shall be accepted unless the applicant deposits with the board all amounts unpaid under any prior order of the board.
(7)
Upon dismissal of a complaint that has gone to hearing, the board shall notify the complainant that he or she may receive a copy of the investigation report and the response of the optometrist or other person alleged to have violated the act upon payment of costs of copying and mailing such information.
(8)
The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section
12-20-405
.
Renumbered from C.R.S. §
12-40-119
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 584, § 1. CRS 53: § 102-2-16. C.R.S. 1963: § 102-1-16. L. 73: p. 529, § 68. L. 77: (3) added, p. 665, § 9, effective July 1. L. 79: (1) and (2) R&RE, p. 533, § 11 and, (3)(b) amended, p. 535, § 12, effective June 7. L. 81: (1)(b), (2)(a), and (2)(d) amended and (2)(b) and (2)(c) repealed, pp. 782, 783, §§ 1, 2, effective July 1. L. 85: (1)(a), (2)(d), and (3)(b) amended, (1)(b), (1)(c), and (2)(e) R&RE, (1)(d) and (2)(f) added, and (2)(a) and (3)(a) repealed, pp. 536-539, §§ 10-12, 15, effective July 1. L. 87: (2)(d) amended, p. 949, § 42, effective March 13. L. 89: (2.5) added and (3)(b) amended, p. 674, § 18, effective July 1. L. 92: Entire section amended, p. 2029, § 14, effective July 1. L. 2002: (1)(c) amended, p. 61, § 9, effective July 1. L. 2004: (2)(f) and (3)(b) amended and (6) added, p. 1842, § 90, effective August 4. L. 2006: (2.1) and (7) to (11) added, p. 806, § 35, effective July 1. L. 2011: (1)(a), (1)(b), (1)(d), (2)(e), (2.1), (2.3), (4)(a), (7)(a), (8)(a), (8)(c)(III), and (9) amended, (SB 11-094), ch. 129, p. 440, §7, effective April 22.
This section is similar to former § 12-40-119 as it existed prior to 2019.