4 CCR 745-1.10 - REQUIRED DISCLOSURE TO PATIENTSCONVICTION OF OR DISCIPLINE BASED ON SEXUAL MISCONDUCT
This Rule is promulgated pursuant to sections 12-20-204, 12-30-115, and 12-310-103(4), C.R.S.
A. On or after March 1, 2021, a provider, shall disclose to a patient, as defined in section
12-30-115(1)(a), C.R.S.,
instances of sexual misconduct, including a conviction or guilty plea as set forth in section
12-30-115(2)(a) C.R.S., or
final agency action resulting in probation or limitation of the provider's ability to practice as set forth is section
12-30-115(2)(b),
C.R.S.
B. Form of Disclosure: The written disclosure shall include all information specified in section
12-30-115(3), C.R.S., and
consistent with the sample model disclosure form as set forth in Appendix B to these rules. The patient must, through his or her signature on the
disclosure form, acknowledge the receipt of the disclosure and agree to treatment with the registrant.
C.
Timing of Disclosure: This disclosure shall be provided to a patient the same day the patient schedules a professional services appointment with the
provider. If an appointment is scheduled the same day that services will be provided or if an appointment is not necessary, the disclosure must be
provided in advance of the treatment.
1. The written disclosure and agreement to treatment must be completed prior
to each treatment appointment with a patient unless the treatment will occur in a series over multiple appointments or a patient/patient schedules
follow-up treatment appointments.
2. For treatment series or follow-up treatment appointments, one
disclosure prior to the first appointment is sufficient, unless the information the provider is required to disclose pursuant to section
12-30-115, C.R.S., has changed since the most
recent disclosure, in which case an updated disclosure must be provided to a patient and signed before treatment may continue.
D. As set forth in section 12-30-115(3)(e), C.R.S., the requirement to disclose the conviction, guilty plea, or
agency action ends when the provider has satisfied the requirements of the probation or other limitation and is no longer on probation or otherwise
subject to a limitation on the ability to practice the provider's profession.
E. A provider is not
required to provide the written disclosure before providing professional services to the patient in the following instances as set forth in section
12-30-115(4), C.R.S.:
1. The patient is unconscious or otherwise unable to comprehend the disclosure and sign an acknowledgment of
receipt of the disclosure pursuant to section 12-30-115(3)(d), C.R.S., and a guardian of the patient is unavailable to comprehend the
disclosure and sign the acknowledgment;
2. The patient visit occurs in an emergency room or freestanding
emergency department or the visit is unscheduled, including consultations in inpatient facilities; or
3.
The provider who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the
visit.
F. The provider who does not have a direct treatment relationship or have direct
contact with the patient is not required to make the disclosure required by this section.
Notes
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