Healthcare Professions Profile Program Director Policy 5 Title:

Requirements regarding public actions

Date Issued:

April 1, 2011

Revision Dates:

June 23, 2016

Reference:

§ 24-34-110 (4)

Purpose: To define certain terms and notify healthcare professionals and the public regarding the information to be disclosed pursuant to the requirements of the Michael Skolnik Medical Transparency Act of 2010, § 24-34-110 C.R.S. Not all professions will be required to report on all requirements. If the requirement does not pertain to a specific profession, the applicant will not need to answer the corresponding question. For purposes of this policy, the term “license” refers to licenses, registrations, and certifications for all individuals required to comply with the Michael Skolnik Medical Transparency Act. Policy The Director of the Division of Professions and Occupations (“Director”) interprets the terms as follows: A. Public Actions: Applicants are required to disclose any public disciplinary actions, public actions, agreements to cease or restrict practice or any order restricting or suspending the applicant’s license regardless of how long ago the action was taken. The profile must include the year of the action. If a public action only includes a restriction or suspension, the action should only be listed under the restriction and suspension question. All other actions should be listed under disciplinary actions. The same action need not be reported multiple times. Actions from all countries, states, and jurisdictions, including those taken in Colorado must be reported. This also includes: 1. 2. 3. 4. 5. 6. 7.

Suspension Revocation Probation Limitation on or conditional license Public letter of admonition or reprimand Agreement to temporarily cease practice Agreement to restrict practice

Copies of all public action documents must be submitted to the Healthcare Professions Profile Program (HPPP). Actions that are not considered public are not required to be reported. 1

Colorado Public Actions: It is the expectation that applicants maintain and update profiles timely per the statute and rules in place. However, regarding Actions taken by the Colorado Division of Professions and Occupations, the Healthcare Professions Profile Program (HPPP) staff will update profiles to reflect a “Yes” answer in the following categories: • •

Colorado Public Disciplinary Actions, e.g. Letters of Admonition, Stipulations, Final Board Orders, Revocations, etc. Colorado Public Actions ceasing, limiting or restricting practice, whether the action is a voluntary agreement or a Board/Director Order, e.g. Summary Suspensions, Temporary Cessation of Practice Agreements, etc.

B. Healthcare Facility Actions: Any involuntary actions from a hospital or healthcare facility occurring after September 1, 1990 must be reported. These actions include limitation, probationary status, reduction, nonrenewal, denial, revocation, or suspension of staff or clinical privileges at any hospital or healthcare facility. The reporting requirements include: 1. The name of the facility or entity that took the action; 2. The date of the action; 3. The type of action; 4. The duration of the action; and 5. Whether the terms or conditions of the action have been completed. Precautionary and administrative suspensions do not need to be reported unless the applicant resigns their privileges while the suspension is pending. C. Termination of Employment: Applicants are required to report any termination of employment where the grounds for termination may constitute a violation of the laws governing their practice. The applicant must report: 1. The name of the employer that terminated the employment; and 2. The effective date of the termination. D. United States DEA Registration: Any applicant who can hold a United States Drug Enforcement Agency (DEA) Registration is required to provide information regarding whether the DEA registration has ever been involuntarily surrendered. In the case of an involuntary surrender, the applicant is required to provide a copy of the order received from the DEA to the HPPP and include the year of the surrender in the profile.

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E. Malpractice Claims and Malpractice Carrier Refusal Any final judgment, settlement entered into, or arbitration award paid on behalf of the applicant on or after September 1, 1990 for medical malpractice must be reported. Applicants who report a final settlement for medical malpractice must identify the mediator that aided in the settlement, if applicable. The Director finds that the identity of a mediator is “applicable” and reportable if a mediator was actively involved in the settlement negotiations and prepared or signed a document outlining the parties’ agreement. Additionally, all applicants must report if they have ever been refused, limited, restricted or terminated by any malpractice insurance carrier. A copy of the refusal from the malpractice insurance carrier must be provided and the year of the refusal is must be entered into the profile. Termination due to non-payment does not need to be reported.

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