4 CCR 745-1.8 - CONFIDENTIAL AGREEMENTS TO LIMIT PRACTICE FOR PHYSICAL CONDITION OR DISABILITY, A BEHAVIORAL, MENTAL HEALTH OR SUBSTANCE USE DISORDER, OR AN INTELLECTUAL AND DEVELOPMENTAL DISABILITY
This Rule is promulgated pursuant sections 12-20-204, 12-30-108, 12-310-103, and 12-310-108.5, C.R.S.
A.
Notice to the Director. No later than thirty days from the date a physical condition or
disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant
unable to perform the registrant's tasks with reasonable skill and safety, the registrant shall provide the Director, in writing, the following
information:
1. The diagnosis and a description of the illness, disorder, disability, or condition;
2. The date that the illness, disorder, disability, 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;
4. A description of the registrant's practice and any
modifications, limitations or restrictions to that practice that have been made as a result of the illness, disorder, disability, or
condition;
5. Whether the registrant has been evaluated by, or is currently receiving services from the
Director's authorized peer health assistance program related to the illness, disorder, disability, or condition and, if so, the date of initial
contact and whether services are ongoing.
B.
Change of Circumstances; Further
Notice. The registrant shall further notify the Director of any significant change in the illness, disorder, disability, or condition
("change of condition") that impacts the registrant's ability to perform as a surgical assistant and surgical technologist with reasonable skill and
safety. The registrant must notify the Director of a positive or negative change of condition. Such notification shall occur within thirty days of
the change of condition. The registrant shall provide the Director, in writing, the following information:
1. The
date of the change of condition;
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 registrant's practice and any modifications, limitations
or restrictions to that practice that have been made as a result of the change of condition;
4. Whether
the registrant has been evaluated by, or is currently receiving services from, the Director's authorized peer health assistance program related to
the change of condition and, if so, the date of initial contact and whether services are ongoing.
C.
Confidential Agreement; Director Discretion. Compliance with this Rule is a
prerequisite for eligibility to enter into a Confidential Agreement with the Director pursuant to sections
12-30-108 and
12-310-108.5, C.R.S. However, mere compliance
with this Rule does not require the Director to negotiate regarding, or enter into, a confidential agreement. Rather, the Director will evaluate all
facts and circumstances to determine if a confidential agreement is appropriate.
D.
Failure
to Notify. If the Director discovers that a registrant has a physical condition or disability, a behavioral, mental health, or substance
use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable
skill and safety or that may endanger the health or safety of individual's receiving services, the registrant shall not be eligible for a
confidential agreement and may be subject to disciplinary action for failure to notify under section
12-310-106(2)(d)(I), C.R.S.,
and other related violations contemplated under section 12-310-106(2)(d), C.R.S.
Notes
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No prior version found.