§ 17-1-101 — Executive director - creation - division heads - medical personnel

Colorado § 17-1-101

• Jurisdiction: Colorado
• Title 17: Corrections
• Art.: Department of Corrections

Text

(1) The governor, with the consent of the senate, shall appoint an executive director
of the department of corrections, who shall serve at the pleasure of the governor.
The reappointment of an executive director after initial election of a governor shall
be subject to the provisions of section 24-20-109, C.R.S.

(2) There is hereby created, within the department of corrections, the
division of correctional industries, the division of adult parole, and such other
divisions and programs as are deemed necessary by the executive director for the
safe and efficient operation of the department. The executive director shall
organize such divisions and programs in an appropriate manner. Subject to the
provisions of section 13 of article XII of the state constitution, the executive director
shall appoint the heads of such divisions, and the heads of such divisions shall
appoint such personnel as are necessary to carry out the functions of the divisions.

(3) (a) Medical personnel employed at any of the institutions subject to the
control of the executive director, the medical director of which is licensed to
practice medicine in this state, shall be exempt from the provisions of the Colorado
Medical Practice Act, article 240 of title 12, with respect to service rendered to
bona fide patients or inmates at said institutions, if such personnel are licensed to
practice medicine in any other state of the United States or any province of Canada,
have satisfactorily completed an internship of not less than one year in the United
States, Canada, or Puerto Rico in a hospital approved for that purpose by the
American Medical Association, have satisfactorily completed three years of
postgraduate residency training, or its equivalent, in their particular specialty in a
hospital approved for that purpose by the American Medical Association, and can
read, write, speak, and understand the English language. Proof of said requirements
shall be submitted to and approved or disapproved by the executive director.

(b) All such personnel as cannot satisfy all of the requirements set forth in
subsection (3)(a) of this section shall be exempt from the Colorado Medical
Practice Act, article 240 of title 12, with respect to services rendered to bona fide
patients or inmates at said institutions, if such personnel are of good moral
character, are graduates of an approved medical college as defined in section 12-240-104 (3), have completed an approved internship of at least one year as defined
in section 12-240-104 (2), and, within nine months after first being employed, pass
the examinations approved by the Colorado medical board under the provisions of
the Colorado Medical Practice Act and the National Board of Medical Examiners,
the National Board of Examiners for Osteopathic Physicians and Surgeons, or the
Federation of State Medical Boards, or their successor organizations, on subjects
relating to the basic sciences, are able to read, write, speak, and understand the
English language, and, in the case of personnel who are not citizens of the United
States, become citizens within the minimum period of time within which the
particular individual can become a citizen according to the laws of the United
States and the regulations of the immigration and naturalization service of the
United States, or any successor agency, or within such additional time as may be
granted by said boards.

(c) Medical personnel granted exemption under paragraphs (a) and (b) of this
subsection (3) may not practice medicine except as described in this subsection (3)
without first complying with all of the provisions of said Colorado Medical Practice
Act.

Legislative History

Source: L. 77: Entire title R&RE, p. 903, � 10, effective August 1. L. 78: (3) added, p. 354, � 1, effective April 27. L. 79: (3) amended, p. 522, � 26, effective July 1. L. 86: (1) amended, p. 884, � 2, effective May 23. L. 2000: (2) amended, p. 829, � 1, effective May 24. L. 2010: (3)(b) amended, (HB 10-1260), ch. 403, p. 1986, � 73, effective July 1. L. 2011: (3)(b) amended, (HB 11-1303), ch. 264, p. 1155, � 27, effective August 10. L. 2019: (3)(a) and (3)(b) amended, (HB 19-1172), ch. 136, p.1673, � 88, effective October 1.