3 CCR 716-1.20 - RULES AND REGULATIONS REGARDING THE DESIGNATION OF AUTHORIZED ENTITIES TO CONDUCT PROFESSIONAL REVIEW OF ADVANCED PRACTICE REGISTERED NURSES AND CERTIFIED MIDWIVES

A. BASIS: The authority for promulgation of rules and regulations by the State Board of Nursing ("Nursing Board") is set forth in sections 24-4-103, 12-30-201(1), 12-30-204(5), 12-30-204(6), 12-20-204(1), and 12-255-107(1)(j), C.R.S.
B. PURPOSE: These rules and regulations have been adopted by the Nursing Board to:
1. Establish procedures necessary to designate specialty societies as authorized entities that are able to establish professional review committees, as required by section 12-30-204(5)(f), C.R.S.
2. Establish procedures necessary to designate organizations that are authorized to insure persons licensed under Colorado Revised Statutes Title 12, Article 255 and granted authority as Certified Midwives or as advanced practice registered nurses ("Advanced Practice Registered Nurses") as authorized entities that are able to establish professional review committees, as required by section 12-30-204(5)(h), C.R.S.
3. Establish procedures necessary to authorize other health care organizations, physician organizations or professional societies as authorized entities that may establish professional review committees as permitted by section 12-30-204(6), C.R.S.
C. DESIGNATIONS: In order to be designated by the Nursing Board as an authorized entity entitled to establish professional review committees, an entity must:
1. Have in place written procedures that are in accordance with Colorado Revised Statutes Title 12, Article 30 and that have been approved by the authorized entity's governing board.
2. Have a governing board that registers with the Division of Professions and Occupations in accordance with section 12-30-206, C.R.S.
3. Report to the Nursing Board and the Division of Professions and Occupations in accordance with Colorado Revised Statutes Title 12, Article 30.
4. Provide an affidavit, upon request from the Board:
a. that the authorized entity's professional review committee has at least one Certified Midwife or one Advanced Practice Registered Nurse as a voting member with a scope of practice similar to that of the person who is the subject of a professional review; or
b. that the professional review committee has engaged an Advanced Practice Registered Nurse or a Certified Midwife, not previously involved in the review, to perform an independent review as appropriate with a scope of practice similar to that of the person being reviewed.
5. Be one of the following entities:
a. A society or association of Advanced Practice Registered Nurses or of Certified Midwives designated by the Nursing Board in accordance with and compliance with sections 12-30-204(3) and 12-30-204(5)(f), C.R.S. The Nursing Board designates societies or associations of Advanced Practice Registered Nurses and of Certified Midwives that establish:
(1) Members are licensed to practice under Colorado Revised Statutes Title 12, Article 255 and granted a license as a Certified Midwife or authority as Advanced Practice Registered Nurses as appropriate and residing in the state of Colorado;
(2) Members specialize in a distinct and recognizable discipline of midwifery or of nursing in a specified nursing role and population focus. Such specialization may be shown by establishing that:
(a) Such group is recognized by the national certifying body of said population and focus; or
(b) The specialty society or association must provide the Nursing Board with a description of that society's or association's requirements for membership at the time it seeks designation. The society or association must show that its membership is open to all practitioners in the state of Colorado, and that such individual whose services are being reviewed is a member of the society or association.
b. A corporation authorized to insure Certified Midwives or Advanced Practice Registered Nurses designated by the Nursing Board in accordance with section 12-30-204(5)(h), C.R.S. The Nursing Board designates those corporations that are a professional liability insurer authorized to do business in Colorado under the provisions of section 10-3-105, C.R.S.
c. A health care or provider organization or professional society designated by the Nursing Board in accordance with section 12-30-204(6), C.R.S. The Nursing Board designates health care or provider organizations or professional societies with:
(1) A membership that includes Certified Midwives or Advanced Practice Registered Nurses; and
(2) Has as a voting member at least one person licensed under Colorado Revised Statutes Title 12, Article 255 and granted authority as an Advanced Practice Registered Nurse with a scope of practice similar to the person who is the subject of the review; and
(3) Members are licensed in accordance with Colorado Revised Statutes, Title 12, Article 255, and reside in the State of Colorado; and
(4) Members are representatives of practitioners in the same discipline as the person who is the subject of the review; and
(5) The health care or organization or professional society must provide the Nursing Board with a description of that society's or association's requirements for membership at the time it seeks designation.

Adopted: April 23, 2013

Effective: June 14, 2013

Revised: January 24, 2024

Effective: March 16, 2024

Notes

3 CCR 716-1.20
38 CR 16, August 25, 2015, effective 9/14/2015 38 CR 20, October 25, 2015, effective 11/14/2015 38 CR 22, November 25, 2015, effective 12/30/2015 40 CR 10, May 25, 2017, effective 6/14/2017 40 CR 16, August 25, 2017, effective 9/14/2017 40 CR 16, August 25, 2017, effective 9/14/2017 42 CR 04, February 25, 2019, effective 3/17/2019 42 CR 04, February 25, 2019, effective 3/17/2019 44 CR 10, May 25, 2021, effective 6/14/2021 44 CR 22, November 25, 2021, effective 12/15/2021 45 CR 20, October 25, 2022, effective 9/22/2022 45 CR 23, December 10, 2022, effective 11/11/2022 46 CR 01, January 10, 2023, effective 12/10/2022 45 CR 22, November 25, 2022, effective 12/15/2022 46 CR 02, January 25, 2022, effective 1/9/2023 47 CR 04, February 25, 2024, effective 3/16/2024 48 CR 10, May 25, 2025, effective 6/14/2025

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