Understanding what to report to the Colorado Medical Board outside the renewal cycle can help doctors avoid disciplinary issues.
The most frequent mistake physicians make is failing to report a new address to the Board. Rule 270 requires physicians to update their address of record within 30 days. This requires an express request from the doctor that the address be changed. The Board will not update its files otherwise. While this may seem mundane, the failure to update an address can lead to disciplinary actions when complaint letters do not reach the physician.
Another requirement often overlooked is to notify the Board when a physician/P.A. relationship ends. Under Rule 400, a P.A.’s conduct may be imputed to a supervising physician. The Board deems the supervisory relationship to continue “until specifically rescinded by either the physician assistant or the primary physician supervisor in writing.” A physician must not only file a notice with the Board of the supervisory relationship, also notify the Board when the relationship ends. Physicians should not rely on the assumption that the P.A. will notify the Board when the relationship ends.
The failure to timely report a condition that affects a physician’s ability to practice safely will prevent the doctor from entering into a confidential agreement. Under C.R.S. § 12-36-118.5, the Board is authorized enter into confidential agreements to limit practice if the physician suffers from a physical or mental condition that renders the physician unable to safely practice. However, doctors can only take advantage of this statute if the licensee reports the condition to the Board within 30 days of onset. Rule 295 explains the information to be reported, and Policy 30-04 provides guidance on the types of conditions that must be reported. Failure to timely report can result in public discipline.
Doctors and P.A.s are also required to report within 30 days any adverse action against the licensee taken by another state or country, a peer review body, health care institutions, and others. This requirement extends to governmental agencies, law enforcement and courts, if that action would constitute a violation of the Medical Practice Act. Thus, physicians must report any limitation of privilege, felony convictions, and any exclusion from Federal health care programs. Doctors (and P.A.s) must also to report any surrender of privileges while under investigation. Doctors are not required to report malpractice settlements, although Colorado insurance companies must, by statute, report malpractice settlements and judgments to the Medical Board.