4 CCR 745-1.11 - PROTECTIONS FOR PROVISION OF REPRODUCTIVE HEALTH CARE IN COLORADO

This Rule is promulgated pursuant to Executive Order D 2022 032, and sections 25-6-401 et seq., 12-310-103(4), and 12-20-204, C.R.S.

A. Definitions, for purposes of this Rule, are as follows:
1. "Applicant" means as defined in section 12-20-102(2), C.R.S.
2. "Assisting in the provision reproductive health care" means aiding, abetting or complicity in the provision of reproductive health care.
3. "Civil judgment" means a final court decision and order resulting from a civil lawsuit.
4. "Criminal judgment" means a guilty verdict, a plea of guilty, a plea of nolo contendere, or a deferred judgment or sentence.
5. "Provision of reproductive health care," includes but is not limited to, transportation for reproductive health care, referrals for reproductive health care and related services, funding or assisting with payment of reproductive health care, prescribing, shipping or dispensing medications for reproductive health care in accordance with state and federal law, all options and mental health counseling and treatment related to reproductive health care. The "provision of reproductive health care" also includes all treatment contemplated in the definition of section 25-6-402(4), C.R.S.
6. "Registrant" means as defined in section 12-20-102(12), C.R.S.
7. "Regulator" means as defined in section 12-20-102(14), C.R.S.
8. "Reproductive health care" means as defined in section 25-6-402(4), C.R.S.
B. The regulator shall not deny registration to an applicant or impose disciplinary action against an individual's registration based solely on the applicant or registrant's provision of or assistance in the provision of reproductive health care in this state or any other state or U.S. territory, so long as the care provided was consistent with generally accepted standards of practice as defined in Colorado law and did not otherwise violate Colorado law.
C. The regulator shall not deny registration to an applicant or impose disciplinary action against an individual's registration based solely on a civil or criminal judgment against the applicant or registrant arising from the provision of, or assistance in the provision of reproductive health care in this state or any other state or U.S. territory, so long as the care provided was consistent with generally accepted standards of practice and did not otherwise violate Colorado law.
D. The regulator shall not deny registration to an applicant or impose disciplinary action against an individual's registration based solely on a professional disciplinary action or any other sanction against the applicant's or registrant's professional registration in this, or any other state or U.S. territory so long as the professional disciplinary action is based solely on the applicant's or registrant's provision of, or assistance in the provision of, reproductive health care and the care provided was consistent with generally accepted standards of practice and did not otherwise violate Colorado law.
E. The regulator shall not deny registration to an applicant or impose disciplinary action against an individual's registration based solely on the registrant's own personal effort to seek or obtain reproductive health care for themselves. The regulator shall not deny registration to an applicant or impose disciplinary action against an individual's registration based solely on a civil or criminal judgment against the applicant or registrant arising from the individual's own personal receipt of reproductive health care in this state or any other state or U.S. territory.

Notes

4 CCR 745-1.11
43 CR 03, February 10, 2020, effective 1/1/2020 43 CR 07, April 10, 2020, effective 4/30/2020 43 CR 22, November 25, 2020, effective 12/15/2020 44 CR 11, June 10, 2021, effective 4/27/2021 44 CR 11, June 10, 2021, effective 5/11/2021 44 CR 09, May 10, 2021, effective 5/30/2021 44 CR 15, August 10, 2021, effective 7/12/2021 44 CR 18, September 25, 2021, effective 10/15/2021 45 CR 17, September 10, 2022, effective 8/15/2022 45 CR 21, November 10, 2022, effective 11/30/2022

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