New Colorado Law Gives Protections to Providers Who Initiate “Open Discussion” With Patients After Adverse Outcomes

The Colorado legislature recently passed the “Colorado Candor Act.” The law becomes effective July 1, 2019 and applies to conduct occurring on and after that date. It is codified at C.R.S. § 25-51-101, et. seq. and has the potential to impact the pre-litigation resolution of adverse events in the healthcare setting and the circumstances under which any such resolution is [...]

By |2019-07-01T13:01:46-07:00July 1, 2019|

Colorado Lowers the Age of Consent for Outpatient Psychotherapy Services

On May 16, 2019, Colorado lowered the age of consent for outpatient psychotherapy services from 15 years to 12 years old. This new law is intended to help minors who are hesitant to discuss their mental health with parents or legal guardians to obtain outpatient psychotherapy services before they reach a crisis level. It is currently codified at C.R.S. § [...]

By |2019-06-28T07:33:21-07:00June 28, 2019|

2019 Revisions to the Colorado Professional Review Act

By: Meghan Pound and Laura Wassmuth The House and Senate both passed Senate Bill 19-234 and it is awaiting Governor Polis’s signature. Assuming the governor signs the bill, it will re-enact Colorado’s Professional Review Act, C.R.S. § 12-36.5-101, et seq. If signed, the revised statute with take effect August 2, 2019, and it will sunset again on September 1, 2030. [...]

By |2019-05-15T11:01:30-07:00May 14, 2019|

NPDB Publishes Updated Guidebook

The National Practitioner Data Bank published an updated NPDB Guidebook on October 26, 2018.  It can be found online at: https://www.npdb.hrsa.gov/resources/aboutGuidebooks.jsp The update provides specific guidance on reporting adverse professional review action. Under prior guidelines, many entities interpreted a voluntary leave of absence, or an agreement to refrain from practice, during an investigation, as a nonreportable event.  The new guidance suggests [...]

By |2018-11-21T13:03:13-07:00November 21, 2018|

Caplan & Earnest Release Webinar Recording Outlining Legal Expectations for the Prescribing and Dispensing of Opioids

Caplan & Earnest, one of the largest health law practices in the state with unrivaled experience in Colorado legal and regulatory requirements, has released the recording from their October webinar outlining DORA’s updated Guidelines for the Safe Prescribing & Dispensing of Opioids, which is endorsed by multiple licensing agencies, and Senate Bill 18-022, signed in May of this year, which [...]

By |2018-10-30T17:41:49-07:00October 30, 2018|

Caplan & Earnest to Host Free Webinar Outlining Legal Expectations for the Prescribing and Dispensing of Opioids

Boulder, Colo. (September 19, 2018) – Any provider who prescribes or dispenses opioids – doctors, advanced practice nurses, physician assistants, dentists, pharmacists, and others – faces the challenge of staying on top of the changing legal landscape as the government reacts to the opioid epidemic. Caplan & Earnest, one of the largest health law practices in the state with unrivaled [...]

By |2018-09-19T07:50:45-07:00September 19, 2018|

The Practice of On-Demand Subpoenas Deemed Unlawful: What This Means for Healthcare Providers Subject to DORA Oversight

A recent District Court order confirms that the practice of “on-demand” subpoenas utilized by the Department of Regulatory Agencies (DORA) to require immediate production of records is unlawful. As a result, DORA is doing away with the on-demand subpoena. We have informally confirmed that all future DORA subpoenas for production of documents will have a 14-day return date. The on-demand [...]

By |2018-09-12T14:50:13-07:00September 12, 2018|

The Colorado Medical Board Finalizes Rule Concerning Delegation and Supervision of Medical Services

The Colorado Medical Board recently finalized an updated version of Rule 800 concerning the delegation and supervision of medical services to unlicensed persons. Highlights of these rule changes, which are of particular interest to physicians who delegate services and health care providers who work with delegating physicians, include: A delegating physician must ensure there is, on-site and available to the [...]

By |2017-09-27T12:19:51-07:00September 6, 2017|

Public Hearing Scheduled Aug. 1 for Workers’ Comp Rule Changes

The Colorado Department of Labor and Employment announced it will hold a public hearing prior to the adoption of proposed amendments to the Workers’ Compensation Rules of Procedure, Rules 16 and 18, regarding Utilization Standards and Medical Fee Schedule, respectively. Specifics of the Workers’ Compensation proposed and adopted rules can be viewed here. The hearing will take place on August [...]

By |2017-07-10T11:20:28-07:00July 10, 2017|

Patient Safety Act Dies in State Senate

Earlier this month, the Patient Safety Act (HB17-1121), a bill requiring fingerprint-based criminal history record checks for many Colorado health professionals, died in the Senate Committee on State, Veterans, & Military Affairs when it was postponed indefinitely. The bill would have required applicants for initial licensure or certification, as well as current licensees and certificate holders, to submit to a [...]

By |2017-05-15T14:35:41-07:00May 15, 2017|