Division of Professions and Occupations Colorado Office of Acupuncture Licensure Policies of the Director
TABLE OF CONTENTS Policy Number 10-1: Cases Dismissed with Letters of Concern .......................................... 2 Policy Number 10-2: Delegated authority from the Director of the Division of Professions and Occupations to the Program Director of the Office of Acupuncture Licensure ........... 2 Policy Number 20-1: Liability Insurance................................................................................. 4 Policy Number 30-1: Injection Therapy (REPEALED 5/30/16) ............................................... 4
STATE OF COLORADO\ DEPARTMENT OF REGULATORY AGENCIES
POLICY NUMBER: TITLE:
DIRECTOR’S POLICIES AMENDED MAY 30, 2016
10-1 Cases Dismissed with Letters of Concern: clarification of basis for dismissal, reopening of such cases and case retention period August 13, 2008
DATE ISSUED: DATE(S) REVISED: REFERENCE: PURPOSE: To clarify the basis for this type of dismissal, when the Division Director (“Director”) may reopen such a case and designation of a specific retention period for these types of cases. POLICY: It is the policy of the Director that complaints that are dismissed with letters of concern are not dismissed as being without merit but rather are dismissed due to no reasonable cause to warrant further action at that time. Cases that are dismissed with a confidential letter of concern will be retained in the Acupuncture Program’s files for a period of five years. The Director may reopen a case that was dismissed with a letter of concern in the face of a change in circumstances. Such a change in circumstances would include but not be limited to: •
discovery of new evidence supporting the underlying charges
•
evidence that the licensee has engaged in further unprofessional conduct/grounds for discipline following issuance of the letter of concern in which there is a nexus between the new conduct and that was addressed in the case that was dismissed with the letter of concern
After five years from the date of the letter of concern, the file will be disposed of in accordance with the Division’s records management procedures. If the licensee has other active cases pending at the end of the five year retention period, the letter of concern may be kept for a longer period of time at the discretion of Acupuncture Licensure staff.
POLICY NUMBER: TITLE:
10-2 Delegated authority from the Director of the Division of Professions and Occupations to the Program Director of the Office of Acupuncture Licensure DATE ISSUED: January 2, 2009 DATE(S) REVISED: December 30, 2009, February 20, 2013 REFERENCE: PURPOSE: Outline the authority delegated to the Program Director and Section Director in carrying out the Director’s duty By this memorandum, the Director of the Division of Registrations delegates the following statutory powers, duties, and functions to the Section Director and Program Director of the Office Acupuncture Licensure: Establish fees for registrations and licenses and renewal of such registrations and licenses Evaluate the qualifications of registrants or applicants for registration or licensure except for those with “yes” responses pursuant to the matrix established by the Director Issue and renew licenses and registrations that meet statutory requirements 2
STATE OF COLORADO\ DEPARTMENT OF REGULATORY AGENCIES
DIRECTOR’S POLICIES AMENDED MAY 30, 2016
Initiate investigations and inspections with respect to any complaint against any registrant or licensee, or individual who provides a service which requires registration or licensure Issue subpoenas compelling the attendance and testimony of witnesses and the production of books, records, papers, and documents for investigation purposes Initiate actions to enforce subpoenas in District Court Employ administrative law judges on a full-time or part-time basis to conduct any hearings that are necessary Initiate the prosecution and enjoinder of all persons violating the organic acts upon the Director’s approval Coordinate and conduct public rulemaking hearings Issue letters of concern and letters of admonitions to registrants or licensees as disciplinary action for practicing with a lapsed registration for less than two years pursuant to Director’s policy Issue Suspension Orders as required by the Child Support Enforcement Program Perform the initial review of complaints submitted to program area Initiate complaints against registrants or licensee currently under Stipulation or other Final Agency Action if the registrant or licensee has failed to comply with any of the terms of the Stipulation or other Final Agency Action Initiate complaints on behalf of the Director Utilize services of the Office of Investigations as warranted to carry out duties of the Director Grant or deny extensions of due dates set forth in rules related to Initial Decisions and respond to other procedural matters that may arise Perform additional delegated duties as set forth in other Director policies Review and approve practice monitor and therapy plans and reports submitted to the Director. The Director shall review unfavorable reports Approve continuing education coursework Grant an extension of time to allow a registrant or licensee to complete continuing education requirements upon a showing that the registrant or licensee has made reasonable efforts to complete the continuing education requirement within the probationary time period Review and approve favorable urine screen reports With the approval of the Director, issue letters of admonition, letters of concern, orders to cease and desist, and stipulated final agency orders. The Director reserves the responsibility for signature on all final agency orders issued as a result of an initial decision by an administrative law judge With the approval of the Director, order a summary suspension of a registrant or licensee pursuant to section 12-29.5-107(2) (a), C.R.S. Any action taken pursuant to this policy will be presented to the Division Director for review With the approval of the Director, order a mental or physical examination of a registrant or licensee pursuant to section 12-29.5-110(1) (j), C.R.S. Any action taken pursuant to this policy will be presented to the Division Director for review Perform education equivalency reviews for applicants who attended unapproved education programs
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STATE OF COLORADO\ DEPARTMENT OF REGULATORY AGENCIES
POLICY NUMBER: TITLE: DATE ISSUED: DATE(S) REVISED: REFERENCE: PURPOSE:
DIRECTOR’S POLICIES AMENDED MAY 30, 2016
20-1 Liability Insurance February 22, 2011 February 20, 2013 To clarify the statutory requirement for the liability requirements as set forth in §12-29.5-104(6) when an acupuncturist is not actively practicing.
Policy: Any person in the active practice of acupuncture in the state of Colorado is subject to professional liability insurance requirements. If an acupuncturist is not actively practicing in the state of Colorado the acupuncturist is not subject to the requirements of §12.29.5-104(6).
POLICY NUMBER: TITLE: DATE ISSUED: DATE(S) REVISED: DATE REPEALED:
30-1 Injection Therapy July 1, 1999 December 1, 2005, December 19, 2014 May 30, 2016
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