3 CCR 716-1.4 - CONFIDENTIAL AGREEMENTS
A. STATEMENT OF
BASIS: The authority for the promulgation of these rules and regulations by the
State Board of Nursing ("Board") is set forth in sections
12-255-107 and
12-255-135, C.R.S.
B. PURPOSE: To specify procedures and
criteria relating to the entering into Confidential Agreements with
licensees.
C. Board Discretion.
Compliance with this Rule 1.4 is a prerequisite for eligibility to enter into a
Confidential Agreement with the Board pursuant to sections
12-255-120 and
12-30-108, C.R.S., and does not
guarantee a right to a Confidential Agreement or require the Board to enter
into a Confidential Agreement with the licensee. Upon notification by the
licensee, the Board will evaluate all facts and circumstances to determine if a
Confidential Agreement is appropriate.
D. Notice to the Board. No later than thirty
days from the date a physical illness or condition, or behavioral health,
mental health, or substance use disorder that affects a licensee's ability to
practice nursing or midwifery with reasonable skill and safety, or may endanger
the health or safety of individuals under the licensee's care, the licensee
shall provide the Board, in writing, the following information:
1. The diagnosis and a description of the
illness, condition, or disorder;
2.
The date that the illness, condition, or disorder was first
diagnosed;
3. The name of the
current treatment provider and documentation from the current treatment
provider; confirming the diagnosis, date of onset, and treatment
plan;
4. A description of the
licensee's practice and any modifications, limitations or restrictions that
have been made to such practice as a result of the illness, condition, or
disorder; and
5. Whether the
licensee has been evaluated by, or is currently receiving services from, the
Board's authorized Peer Health Assistance Program related to the illness or
condition and, if so, the date of initial contact and whether services are
ongoing.
E. Change of
Circumstances. The licensee shall further notify the Board of any significant
change in the illness, condition or disorder ("change of condition") that
impacts the licensee's ability to perform a nursing or midwifery service with
reasonable skill and safety. The licensee must notify the Board of any
significant change in condition, whether positive or negative. Such
notification shall occur within thirty days of the change of condition. The
licensee shall provide the Board, in writing, the following information:
1. The date of the change of illness,
condition, or disorder;
2. The name
of the current treatment provider and documentation from the current treatment
provider confirming the change of condition, the date that the condition
changed, the nature of the change of condition, and the current treatment
plan;
3. A description of the
licensee's practice and any modifications, limitations or restrictions to that
practice that have been made as a result of the change of illness, condition,
or disorder;
4. Whether the
licensee has been evaluated by, or is currently receiving services from, the
Board's authorized Peer Assistance Services related to the change of condition
and, if so, the date of initial contact and whether services are
ongoing.
F. Failure to
Notify. If the Board discovers that a licensee has a mental or physical
illness, condition, or disorder that impacts the licensee's ability to provide
nursing care with reasonable skill and safety and the licensee has not timely
notified the Board of the illness, condition, or disorder, the licensee shall
not be eligible for a Confidential Agreement and may be subject to disciplinary
action pursuant to section
12-255-120, C.R.S.
Notes
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