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|

Informed Consent in the Revised Common Rule

On Thursday, June 6th, Gregory James Smith, special counsel in our business and health law section, who focuses his practice on health care professionals, home health and hospice agencies, provider networks and medical and technology enterprises, gave a presentation on “Informed Consent in the Revised Common Rule” at the annual Law Professors Conference of the American Society of Law, Medicine and [...]

By |2019-06-11T08:39:34-07:00June 11, 2019|

Elizabeth Francis to Give Presentation on Creating a Legally Compliant Culture of Respect

Elizabeth Francis, an attorney in the litigation practice, will be the featured speaker at the May 16th meeting of the Boulder Area Human Resource Association (BAHRA). This year’s BAHRA meeting is focused on building a culture within an organization. Elizabeth’s presentation is titled, “Building a Legally Compliant Culture of Respect: Legal Updates On Discrimination.” After this session, participants will be [...]

By |2019-05-14T14:17:38-07:00May 14, 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|

Caplan & Earnest is Moving

Caplan & Earnest is moving effective Monday, March 25, 2019. We will be relocating our office on Friday, March 22, 2019. We will continue to respond to our clients as soon as possible. Still in the heart of Boulder, Colorado, our new offices are located at: 3107 Iris Avenue Suite 100 Boulder, CO 80301 Our team of trusted, experienced attorneys [...]

By |2019-03-20T15:34:50-07:00March 20, 2019|

Lane Earnest, Founder of Caplan & Earnest Passes

It is with great sadness that we announce that one of our founders, G. Lane Earnest, passed away Saturday March 9th in the company of his family. Earnie is survived by Barbara, his wife of fifty-nine years, his children Hillary and Keith, and five grandchildren. Mr. Earnest and Gerald Caplan founded Caplan and Earnest in 1969 with the firm belief [...]

By |2019-03-12T15:45:53-07:00March 11, 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: 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 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|

Gwyneth Whalen Appointed to The Board of the Colorado Judicial Institute

BOULDER, CO. (September 4, 2018) – Gwyneth Whalen, former judge and current leader of Caplan & Earnest’s litigation section, was recently appointed to the board of the Colorado Judicial Institute. At Caplan & Earnest, Whalen focuses on civil litigation, including commercial disputes, employment litigation, contested probate, and real property disputes. Her expertise in civil litigation, including her unique perspective as [...]

By |2018-09-04T10:37:43-07:00September 4, 2018|

Caplan & Earnest’s Elizabeth Francis to Speak at the Boulder Area Human Resources Association’s Annual Conference

Elizabeth Francis, an associate in Caplan & Earnest’s litigation practice, will be a presenting speaker at the annual conference of the Boulder Area Human Resources Association. The conference, titled “Innovative Minds,” will take place on September 14, 2018, and will focus on innovation in HR and the “Benefits and Legal/Nuts and Bolts for HR practice.” Elizabeth’s presentation will discuss best [...]

By |2018-08-23T08:56:33-07:00August 23, 2018|