(1)As
used in this section:
(a)Disciplinary action means any direct or indirect form of discipline or
penalty, including, but not limited to, dismissal, demotion, transfer, reassignment,
suspension, corrective action, reprimand, admonishment, unsatisfactory or below-standard performance evaluation, reduction in force, withholding of work, changes
in work hours, negative reference, creating or tolerating a hostile work
environment, or the threat of any such discipline or penalty. Disciplinary action
shall not include action taken that is related to staffing or patient care needs.
(b)Good faith report or disclosure means a report regarding patient safety
information or quality of patient care that is made without malice or consideration
of personal benefit and that the health-ca
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(1) As
used in this section:
(a) Disciplinary action means any direct or indirect form of discipline or
penalty, including, but not limited to, dismissal, demotion, transfer, reassignment,
suspension, corrective action, reprimand, admonishment, unsatisfactory or below-standard performance evaluation, reduction in force, withholding of work, changes
in work hours, negative reference, creating or tolerating a hostile work
environment, or the threat of any such discipline or penalty. Disciplinary action
shall not include action taken that is related to staffing or patient care needs.
(b) Good faith report or disclosure means a report regarding patient safety
information or quality of patient care that is made without malice or consideration
of personal benefit and that the health-care worker making the report has
reasonable cause to believe is true. Good faith report or disclosure also includes,
with respect to patient care, a report regarding any practice, procedure, action, or
failure to act with regard to patient safety that concerns information regarding a
generally accepted standard of care; a law, rule, regulation, or declaratory ruling
adopted pursuant to law; or compliance with a professional licensure requirement,
which report is made without malice or consideration of personal benefit and that
the health-care worker making the report has reasonable cause to believe is true.
(c) Health-care provider means any health-care facility licensed under
section 25-3-101, C.R.S., or any individual who is authorized to practice some
component of the healing arts by license, certificate, or registration.
(d) Health-care worker means any person certified, registered, or licensed
pursuant to article 200, 215, 220, 225, 240, 245, or 255 to 300 of title 12 or certified
or licensed pursuant to section 25-3.5-203.
(2) (a) A health-care provider shall not take disciplinary action against a
health-care worker in retaliation for making a good faith report or disclosure.
(b) Paragraph (a) of this subsection (2) shall not apply to a health-care
worker who discloses information that the worker knows to be false, who discloses
information with disregard for the truth or falsity thereof, or who discloses
information without fully complying with subsection (3) of this section.
(c) Nothing in this section shall be construed to grant immunity to a health-care worker for his or her own acts of medical negligence, for unprofessional
conduct subject to professional review activities authorized by state or federal law,
for a breach of a professional licensure requirement, or for a violation of any state
or federal law requiring confidentiality of patient information.
(3) When making a good faith report or disclosure regarding patient safety
or quality of patient care, a health-care worker shall follow the internal reporting
procedures of the health-care provider, to the extent such procedures exist and are
provided to the health-care worker in writing, and shall exhaust such procedures
prior to pursuing any further reporting or disclosure activity.
(4) Nothing in this section shall prevent a health-care provider from taking
disciplinary action against a health-care worker for reasons other than those
specified in subsection (2) of this section.
(5) Nothing in this section shall be construed to preempt existing laws,
regulations, or rules pertaining to patient care, including professional review
proceedings for health professionals or for physicians pursuant to part 2 of article
30 of title 12, or quality and safety standards for a health-care facility licensed
pursuant to section 25-3-101.