4 CCR 741-1.9 - Duty to Self-Report Certain Medical Conditions

The purpose of this Rule is to specify the notification requirements regarding a physical or mental illness or condition that affects a license holder's ability to practice respiratory therapy or practice as a respiratory therapist with reasonable skill and safety to patients, pursuant to section 12-300-111, C.R.S.

A. No later than thirty days from the date a physical or mental illness or condition impacts a licensed respiratory therapist's ability to perform respiratory therapy services with reasonable skill and safety, the licensed respiratory therapist shall provide the Director, in writing, the following information:

1. The diagnosis and a description of the illness or condition;

2. The date that the illness or condition 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; and

4. A description of the respiratory therapist's practice and any modifications, limitations or restrictions to that practice that have been made as a result of the illness or condition.

B. The licensed respiratory therapist shall notify the Director of any worsening of the illness or condition, or any significant change in the illness or condition that affects the licensed respiratory therapist's ability to practice with reasonable skill and safety, within thirty days of the change of the illness or condition. The respiratory therapist shall provide to the Director, in writing, the following information:

1. The name of the current treatment provider, documentation from the current treatment provider confirming the change of the illness or condition, the date that the illness or condition changed, the nature of the change of the illness or condition, and the current treatment plan; and

2. A description of the licensed respiratory therapist's practice, and any modifications, limitations, or restrictions to that practice that have been made as a result of the change of condition.

C. Compliance with this Rule is a prerequisite for eligibility to enter into a Confidential Agreement with the Director pursuant to section 12-300-111, C.R.S. However, mere compliance with this Rule does not require the Director to enter into a Confidential Agreement. Rather, the Director will evaluate all facts and circumstances to determine whether a Confidential Agreement is appropriate.

D. If the Director discovers that a licensed respiratory therapist has a mental or physical illness or condition that affects the licensed respiratory therapist's ability to practice with reasonable skill and safety, and the licensed respiratory therapist did not timely notify the Director of such illness or condition, the licensed respiratory therapist may be subject to disciplinary action pursuant to section 12-300-109(2)(i), C.R.S.

Notes

4 CCR 741-1.9

40 CR 01, January 10, 2017, effective 1/30/2017 43 CR 03, February 10, 2020, effective 1/1/2020 43 CR 07, April 10, 2020, effective 4/30/2020 43 CR 19, October 10, 2020, effective 8/30/2020 43 CR 19, October 10, 2020, effective 9/9/2020 43 CR 22, November 25, 2020, effective 12/15/2020 44 CR 09, May 10, 2021, effective 5/30/2021 44 CR 20, October 25, 2021, effective 11/14/2021 45 CR 22, November 25, 2022, effective 10/26/2022 45 CR 23, December 10, 2022, effective 11/11/2022 45 CR 21, November 10, 2022, effective 11/30/2022 46 CR 02, January 25, 2022, effective 1/9/2023