§ 12-240-106 — Powers and duties of board - limitation on authority - rules

(1)
In addition to all other powers and duties conferred and imposed upon the board by
this article 240, the board has the following powers and duties to:

(a) Promulgate rules pursuant to section 12-20-204 that are fair, impartial,
and nondiscriminatory;

(b) Make investigations, hold hearings, and take evidence in accordance with
section 12-20-403 in all matters relating to the exercise and performance of the
powers and duties vested in the board;

(c) Aid law enforcement in the enforcement of this article 240 and in the
prosecution of all persons, firms, associations, or corporations charged with the
violation of any of its provisions; and

(d) Adopt rules as necessary in accordance with section 12-240-130.5 to
implement the requirement for continuing medical education for physicians.

(2) To facilitate the licensure of qualified applicants and address the
unlicensed practice of medicine, the unlicensed practice as a physician assistant,
and the unlicensed practice as an anesthesiologist assistant, the president of the
board shall establish a licensing panel in accordance with section 12-240-116 to
perform licensing functions in accordance with this article 240 and review and
resolve matters relating to the unlicensed practice of medicine, unlicensed practice
as a physician assistant, and unlicensed practice as an anesthesiologist assistant.
Two panel members constitute a quorum of the panel. Any action taken by a
quorum of the panel constitutes action by the board.

(3) To facilitate the licensure of a physician under the Interstate Medical
Licensure Compact Act, part 36 of article 60 of title 24, the board shall obtain a
set of fingerprints from an applicant for licensure under the compact and shall
forward the fingerprints to the Colorado bureau of investigation for the purpose of
obtaining a fingerprint-based criminal history record check. Upon receipt of
fingerprints and payment for the costs, the Colorado bureau of investigation shall
conduct a state and national fingerprint-based criminal history record check using
records of the Colorado bureau of investigation and the federal bureau of
investigation. The board is the authorized agency to receive information regarding
the result of a national criminal history record check. The applicant whose
fingerprints are checked shall pay the actual costs of the state and national
fingerprint-based criminal history record check.

(4) The authority granted the board under the provisions of this article 240
shall not be construed to authorize the board to arbitrate or adjudicate fee disputes
between licensees or between a licensee and any other party.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1173, � 1, effective October 1. L. 2024: (1)(b) and (1)(c) amended and (1)(d) added, (HB 24-1153), ch. 385, p. 2625, � 2, effective August 7.