STATE OF COLORADO

State Board of MEDICAL EXAMINERS	Department of Regulatory Agencies
Cheryl Hara, Program Director	D. Rico Munn
	Executive Director

1560 Broadway, Suite 1300
Denver, Colorado  80202-5146	Division of Registrations
Phone (303) 894-7690	Rosemary McCool
Fax     (303) 894-7692	Director	_______________
TTY: Dial 711 for Relay Colorado		Bill Ritter, Jr.
www.dora.state.co.us/medical		Governor

NOTICE OF RULE MAKING HEARING

Pursuant to Section 24-4-103, C.R.S., and Section 12-36-104(1)(a), C.R.S., you are hereby advised that the Colorado State Board of Medical Examiners will hold a public rule making hearing on Thursday, November 20, 2008, at 10:00 a.m., at the Denver Post Building, 1560 Broadway, 9th floor, Common Conference Room, Denver, Colorado 80202, for consideration of the following:

Hearing Regarding Modification, Amendment and Revision of:
Rule 150 (3 CCR, 713-34)
COLORADO STATE BOARD OF MEDICAL EXAMINERS RULES AND REGULATIONS REGARDING THE REQUIREMENT THAT LICENSED PHYSICIANS TIMELY UPDATE INFORMATION REQUIRED BY THE MICHAEL SKOLNIK MEDICAL TRANSPARENCY ACT.
The proposed rules under consideration are attached to this notice and fully incorporated herein.

The Board encourages interested parties to submit written comments to the letterhead address regarding any of the above-listed rulemaking matters no later than November 4, 2008.  In addition, at the time and place designated in this notice, the Board of Medical Examiners will afford interested parties an opportunity to submit written information, data, views or arguments.  The Board also will afford interested parties an opportunity to make brief oral presentations unless the Board in its discretion determines that such oral presentations are unnecessary.  All submissions will be considered.  The rules under consideration may be changed or modified after public comment and hearing.

BY ORDER OF THE COLORADO STATE BOARD OF MEDICAL EXAMINERS

_______________________________________
Cheryl Hara, Program Director

Dated this ___________ day of __________________, 2008

RULE 150
COLORADO STATE BOARD OF MEDICAL EXAMINERS RULES AND REGULATIONS REGARDING THE REQUIREMENT THAT LICENSED PHYSICIANS TIMELY UPDATE INFORMATION REQUIRED BY THE MICHAEL SKOLNIK MEDICAL TRANSPARENCY ACT.

Introduction

Basis: The authority for the promulgation of these rules and regulations by the Colorado State Board of Medical Examiners is set forth in § 12-36-104(1)(a), C.R.S. 

Purpose: The purpose of these rules and regulations is to clarify requirements surrounding the updating and submission of information required by the Michael Skolnik Medical Transparency Act, § 12-36-111.5, C.R.S. (the “Transparency Act”).

Rules and Regulations

Introduction:
The Transparency Act requires that any person licensed by the Board to practice medicine in the state of Colorado ensure that the information required by the Transparency Act is current and report any updated information and provide copies of the required documentation to the Board within thirty days of the date of the action described in the Transparency Act or as otherwise determined by the Board by Rule.  The Transparency Act applies to any applicant whose application for initial licensure, licensure reactivation, licensure reinstatement or licensure renewal is received by the Board on or after January 1, 2008.  These Rules shall refer to an “applicant” as a “Physician.”

The purpose of these Rules is to set forth circumstances under which a Physician may be exempt from certain requirements under the Transparency Act to provide documentation to the Board. 

Requirements:
1.	The Transparency Act requires the Physician to report several enumerated types of information to the Board, and requires the Physician to provide several specified types of documents in connection with an application for initial licensure, licensure reactivation, licensure reinstatement or licensure renewal.  It also requires the Physician thereafter to update the Board regarding the enumerated types of information to the Board and to provide updated documents within thirty days of any given action.

 2.	If required documents cannot reasonably be obtained in a timely fashion, a Physician may request an extension of time from the Board’s Program Director or the Program Director’s designee to provide the documentation.  If, upon further documented effort, any required document still cannot reasonably be obtained, the Physician shall provide an affidavit to the Board regarding each such document and shall include the affidavit with the Physician’s profile until such time as the document becomes available.  
a.	The affidavit shall contain the following information:
(i)	a description of the efforts the Physician has made to obtain the document;
(ii)	an attestation that the document is not available; 
(iii)	a description of the information contained in the document based upon the Physician’s knowledge and belief; and 
(iv)	an affirmative statement  that the Physician shall make reasonable efforts to ascertain whether any required document becomes available in the future, and that the Physician shall provide such document to the Board within thirty (30) days of the date on which the Physician learns that the document has become available. 
b.	Upon its own motion or in response to a complaint, the Board may review an affidavit to determine whether the Physician has adequately demonstrated that the document is not available or whether the Physician has appropriately complied with this Rule.  
	3.	An extension of time to produce a required document or the filing of an affidavit in accordance with these Rules does not exempt the Physician from reporting the action to the Board as required by the Transparency Act.  The Physician shall make a good faith effort to assure the accuracy of the information posted regarding the action.  Where exact dates are not available to the Physician, the Physician shall provide a reasonable estimation.

4.	For purposes of reporting a conviction of a crime pursuant to § 12-36-111.5(3)(f), C.R.S., a Physician must report such a conviction within thirty days of the entry of judgment and sentence.

5.	The pendency of an appeal of any criminal, civil, administrative or peer review action shall not exempt a Physician from the reporting requirements of § 12-36-111.5, C.R.S.  If a criminal, civil, administrative or peer review action is reversed on appeal, the Board shall update the Physician’s information pursuant to § 12-36-111.5(6), C.R.S.

Adopted 11/15/07; Effective 12/30/07;  Amended 11/20/08