Amendments for SB13-039

Senate Journal, February 15
After consideration on the merits, the Committee recommends that SB13-039 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 2, strike lines 6 and 7.

Page 3, line 10, strike "PART 1." and substitute "ARTICLE.".

Page 4, strike line 7 and substitute:

"(b) PRESCRIBING, SELECTING,".

Page 5, strike lines 7 through 9 and substitute:

"(c) A STUDENT ENROLLED IN A COURSE OF STUDY LEADING TO A
DEGREE IN AUDIOLOGY OR THE HEARING OR SPEECH SCIENCES AT AN
INSTITUTION OF HIGHER EDUCATION OR POSTSECONDARY EDUCATION
ACCREDITED BY A NATIONAL, REGIONAL, OR STATE AGENCY RECOGNIZED
BY THE UNITED STATES DEPARTMENT OF EDUCATION WHO IS PRACTICING
AUDIOLOGY, IF THE STUDENT IS SUPERVISED BY A LICENSED AUDIOLOGIST
AND THE STUDENT'S DESIGNATED TITLE CLEARLY INDICATES HIS OR HER
STATUS AS A STUDENT; OR".

Page 5, line 16, strike "PART 1:" and substitute "ARTICLE:".

Page 6, line 4, strike "RECEIPTS, AS REQUIRED" and substitute
"RECEIPTS.".

Page 6, strike line 5.

Page 6, line 7, strike "PART 1," and substitute "ARTICLE,".

Page 6, line 25, strike "PART 1" and substitute "ARTICLE".

Page 7, line 9, strike "PART" and substitute "ARTICLE:".

Page 7, strike line 10.

Page 7, line 18, strike "NATIONAL HEALTH CARE" and substitute
"FEDERAL GOVERNMENT".

Page 8, line 2, strike "MALPRACTICE COVERAGE IN AN" and substitute
"PROFESSIONAL LIABILITY INSURANCE IN THE FORM AND".

Page 8, line 3, strike "DIRECTOR." and substitute "DIRECTOR PURSUANT
TO SECTION 12-29.9-112.".

Page 8, line 9, strike "NUMBER" and substitute "NUMBER, THE NAME OF
THE COURT,".

Page 8, line 12, strike "PART 1 AND SHALL" and substitute "ARTICLE.".

Page 8, strike lines 13 through 15.

Page 8, line 16, strike "PART 1" and substitute "ARTICLE".

Page 8, line 24, strike "PART 1" and substitute "ARTICLE".

Page 9, line 9, strike "PART 1;" and substitute "ARTICLE;".

Page 9, line 12, strike "SHALL" and substitute "MAY".

Page 9, line 17, strike "PART 1" and substitute "ARTICLE".

Page 9, line 19, strike "PART 1" and substitute "ARTICLE".

Page 9, strike lines 23 through 26 and substitute "(1) UPON PROOF THAT
AN APPLICANT OR LICENSEE HAS ENGAGED IN AN ACTIVITY THAT IS
GROUNDS FOR DISCIPLINE UNDER SUBSECTION (2) OF THIS SECTION, THE".

Page 10, line 6, after "APPROPRIATE;" add "OR".

Page 10, line 8, strike "LICENSEE; OR" and substitute "LICENSEE.".

Page 10, strike line 9.

Page 10, line 15, strike "PART 1," and substitute "ARTICLE,".

Page 10, line 20, strike "PART 1;" and substitute "ARTICLE;".

Page 10, line 22, strike "PART 1" and substitute "ARTICLE".

Page 10, line 23, strike "PART 1" and substitute "ARTICLE".

Page 10, strike lines 24 and 25 and substitute:

"(f) FAILING TO MAINTAIN PROFESSIONAL LIABILITY INSURANCE
AS REQUIRED BY SECTION 12-29.9-112;".

Page 11, line 14, after "WITH" insert "OR ORDER ISSUED BY".

Page 11, after line 14 insert:
"(p) FALSIFYING INFORMATION IN ANY APPLICATION OR
ATTEMPTING TO OBTAIN OR OBTAINING A LICENSE BY FRAUD, DECEPTION,
OR MISREPRESENTATION;
(q) EXCESSIVELY OR HABITUALLY USING OR ABUSING ALCOHOL
OR HABIT-FORMING DRUGS OR HABITUALLY USING A CONTROLLED
SUBSTANCE, AS DEFINED IN SECTION 18-18-102, C.R.S., OR OTHER DRUGS
HAVING SIMILAR EFFECTS; EXCEPT THAT THE DIRECTOR HAS THE
DISCRETION NOT TO DISCIPLINE THE LICENSEE IF HE OR SHE IS
PARTICIPATING IN GOOD FAITH IN A PROGRAM APPROVED BY THE
DIRECTOR TO END THE USE OR ABUSE;
(r) (I) FAILING TO NOTIFY THE DIRECTOR, AS REQUIRED BY
SECTION 12-29.9-113, OF A PHYSICAL OR MENTAL ILLNESS OR CONDITION
THAT IMPACTS THE LICENSEE'S ABILITY TO PERFORM AUDIOLOGY WITH
REASONABLE SKILL AND SAFETY TO PATIENTS;
(II) FAILING TO ACT WITHIN THE LIMITATIONS CREATED BY A
PHYSICAL OR MENTAL ILLNESS OR CONDITION THAT RENDERS THE
LICENSEE UNABLE TO PERFORM AUDIOLOGY WITH REASONABLE SKILL AND
SAFETY TO THE PATIENT; OR
(III) FAILING TO COMPLY WITH THE LIMITATIONS AGREED TO
UNDER A CONFIDENTIAL AGREEMENT ENTERED PURSUANT TO SECTION
12-29.9-113;
(s) REFUSING TO SUBMIT TO A PHYSICAL OR MENTAL
EXAMINATION WHEN SO ORDERED BY THE DIRECTOR PURSUANT TO
SECTION 12-29.9-114;

Reletter succeeding paragraphs accordingly.

Page 11, after line 22 insert:

"(3) WHEN A COMPLAINT OR INVESTIGATION DISCLOSES AN
INSTANCE OF CONDUCT THAT DOES NOT WARRANT FORMAL ACTION BY
THE DIRECTOR AND, IN THE OPINION OF THE DIRECTOR, SHOULD BE
DISMISSED, BUT THE DIRECTOR HAS NOTICED INDICATIONS OF POSSIBLE
ERRANT CONDUCT BY THE LICENSEE THAT COULD LEAD TO SERIOUS
CONSEQUENCES IF NOT CORRECTED, THE DIRECTOR MAY SEND THE
LICENSEE A CONFIDENTIAL LETTER OF CONCERN.".

Renumber succeeding subsections accordingly.

Page 12, line 1, strike "PART 1" and substitute "ARTICLE".

Page 12, line 3, strike "PART 1" and substitute "ARTICLE".

Page 12, line 8, strike "PART" and substitute "ARTICLE;".

Page 12, line 9, strike "1;" and strike "(5)" and substitute "(6)".

Page 12, line 11, strike "PART 1." and substitute "ARTICLE.".

Page 12, line 16, strike "LICENSEE, BY CERTIFIED MAIL," and substitute
"LICENSEE".

Page 12, line 18, strike "(6)," and substitute "(7),".

Page 13, line 7, strike "PART 1" and substitute "ARTICLE".

Page 13, line 8, strike "PART 1." and substitute "ARTICLE.".

Page 13, line 11, strike "PART 1." and substitute "ARTICLE.".

Page 13, line 23, strike "PART 1." and substitute "ARTICLE.".

Page 14, line 15, strike "OCTOBER 1, 2013" and substitute "DECEMBER
31, 2013, AND AS NECESSARY THEREAFTER".

Page 14, line 16, strike "ALL".

Page 14, line 17, strike "PART 1," and substitute "ARTICLE,".

Page 15, line 10, strike "PART 1" and substitute "ARTICLE".

Page 15, line 15, strike "PART 1," and substitute "ARTICLE,".

Page 15, line 16, strike "PART 1," and substitute "ARTICLE,".

Page 17, line 1, strike "PART" and substitute "ARTICLE,".

Page 17, line 2, strike "1,".

Page 17, line 18, strike "PART" and substitute "ARTICLE,"

Page 17, line 19, strike "1," and strike "PART 1," and substitute
"ARTICLE,".

Page 17, line 20, strike "PART 1;" and substitute "ARTICLE;".

Page 17, line 22, strike "PART 1." and substitute "ARTICLE.".

Page 18, line 8, strike "PART 1" and substitute "ARTICLE".

Page 18, line 15, strike "PART" and substitute "ARTICLE,".

Page 18, line 16, strike "1," and strike "PART" and substitute "ARTICLE".

Page 18, line 17, strike "1".

Page 18, line 26, strike "PART 1" and substitute "ARTICLE".

Page 19, after line 1 insert:

"12-29.9-112. Professional liability insurance required - rules.
(1) (a) EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1),
AN AUDIOLOGIST SHALL NOT PRACTICE AUDIOLOGY UNLESS THE
AUDIOLOGIST PURCHASES AND MAINTAINS OR IS COVERED BY
PROFESSIONAL LIABILITY INSURANCE IN THE FORM AND AMOUNT
DETERMINED BY THE DIRECTOR BY RULE.
(b) THE DIRECTOR, BY RULE, MAY EXEMPT OR ESTABLISH LESSER
LIABILITY INSURANCE REQUIREMENTS FOR A CLASS OF AUDIOLOGISTS
WHOSE PRACTICE DOES NOT REQUIRE THE LEVEL OF PUBLIC PROTECTION
THE DIRECTOR ESTABLISHES PURSUANT TO THIS PARAGRAPH (b) FOR ALL
OTHER AUDIOLOGISTS.
(2) THE PROFESSIONAL LIABILITY INSURANCE REQUIRED BY THIS
SECTION MUST COVER ALL ACTS WITH THE SCOPE OF PRACTICE OF AN
AUDIOLOGIST AS DEFINED IN THIS ARTICLE.
12-29.9-113. Confidential agreements to limit practice -
violation grounds for discipline. (1) IF AN AUDIOLOGIST SUFFERS FROM
A PHYSICAL OR MENTAL ILLNESS OR CONDITION THAT RENDERS THE
LICENSEE UNABLE TO PRACTICE AUDIOLOGY WITH REASONABLE SKILL
AND SAFETY TO PATIENTS, THE AUDIOLOGIST SHALL NOTIFY THE
DIRECTOR OF THE ILLNESS OR CONDITION IN A MANNER AND WITHIN A
PERIOD OF TIME DETERMINED BY THE DIRECTOR. THE DIRECTOR MAY
REQUIRE THE LICENSEE TO SUBMIT TO AN EXAMINATION TO EVALUATE
THE EXTENT OF THE ILLNESS OR CONDITION AND ITS IMPACT ON THE
LICENSEE'S ABILITY TO PRACTICE AUDIOLOGY WITH REASONABLE SKILL
AND SAFETY TO PATIENTS.
(2) (a) UPON DETERMINING THAT AN AUDIOLOGIST WITH A
PHYSICAL OR MENTAL ILLNESS OR CONDITION IS ABLE TO RENDER LIMITED
AUDIOLOGY SERVICES WITH REASONABLE SKILL AND SAFETY TO
PATIENTS, THE DIRECTOR MAY ENTER INTO A CONFIDENTIAL AGREEMENT
WITH THE AUDIOLOGIST IN WHICH THE AUDIOLOGIST AGREES TO LIMIT HIS
OR HER PRACTICE BASED ON THE RESTRICTIONS IMPOSED BY THE ILLNESS
OR CONDITION, AS DETERMINED BY THE DIRECTOR.
(b) AS PART OF THE AGREEMENT, THE AUDIOLOGIST IS SUBJECT TO
PERIODIC REEVALUATIONS OR MONITORING AS DETERMINED APPROPRIATE
BY THE DIRECTOR.
(c) THE PARTIES MAY MODIFY OR DISSOLVE THE AGREEMENT AS
NECESSARY BASED ON THE RESULTS OF A REEVALUATION OR
MONITORING.
(d) BY ENTERING INTO AN AGREEMENT WITH THE DIRECTOR
UNDER THIS SUBSECTION (2) TO LIMIT HIS OR HER PRACTICE, AN
AUDIOLOGIST IS NOT ENGAGING IN CONDUCT THAT IS GROUNDS FOR
DISCIPLINE UNDER SECTION 12-29.9-108 (2). THE AGREEMENT DOES NOT
CONSTITUTE A RESTRICTION OR DISCIPLINE BY THE DIRECTOR. HOWEVER,
IF THE AUDIOLOGIST FAILS TO COMPLY WITH THE TERMS OF AN
AGREEMENT ENTERED INTO PURSUANT TO THIS SUBSECTION (2), THE
FAILURE CONSTITUTES GROUNDS FOR DISCIPLINARY ACTION UNDER
SECTION 12-29.9-108 (2) (r), AND THE LICENSEE IS SUBJECT TO DISCIPLINE
IN ACCORDANCE WITH SECTION 12-29.9-108.
(3) THIS SECTION DOES NOT APPLY TO AN AUDIOLOGIST SUBJECT
TO DISCIPLINE UNDER SECTION 12-29.9-108 (2) (q).
12-29.9-114. Mental and physical examination of licensees.
(1) IF THE DIRECTOR HAS REASONABLE CAUSE TO BELIEVE THAT A
LICENSEE IS UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY,
THE DIRECTOR MAY REQUIRE THE LICENSEE TO TAKE A MENTAL OR
PHYSICAL EXAMINATION BY A HEALTH CARE PROVIDER DESIGNATED BY
THE DIRECTOR. IF THE LICENSEE REFUSES TO UNDERGO A MENTAL OR
PHYSICAL EXAMINATION, UNLESS DUE TO CIRCUMSTANCES BEYOND THE
LICENSEE'S CONTROL, THE DIRECTOR MAY SUSPEND THE LICENSEE'S
LICENSE UNTIL THE RESULTS OF THE EXAMINATION ARE KNOWN AND THE
DIRECTOR HAS MADE A DETERMINATION OF THE LICENSEE'S FITNESS TO
PRACTICE. THE DIRECTOR SHALL PROCEED WITH AN ORDER FOR
EXAMINATION AND DETERMINATION IN A TIMELY MANNER.
(2) THE DIRECTOR SHALL INCLUDE IN AN ORDER ISSUED TO A
LICENSEE UNDER SUBSECTION (1) OF THIS SECTION THE BASIS OF THE
DIRECTOR'S REASONABLE CAUSE TO BELIEVE THAT THE LICENSEE IS
UNABLE TO PRACTICE WITH REASONABLE SKILL AND SAFETY. FOR THE
PURPOSES OF A DISCIPLINARY PROCEEDING AUTHORIZED BY THIS ARTICLE,
THE LICENSEE IS DEEMED TO HAVE WAIVED ALL OBJECTIONS TO THE
ADMISSIBILITY OF THE EXAMINING HEALTH CARE PROVIDER'S TESTIMONY
OR EXAMINATION REPORTS ON THE GROUND THAT THEY ARE PRIVILEGED
COMMUNICATIONS.
(3) THE LICENSEE MAY SUBMIT TO THE DIRECTOR TESTIMONY OR
EXAMINATION REPORTS FROM A HEALTH CARE PROVIDER CHOSEN BY THE
LICENSEE PERTAINING TO THE CONDITION THAT THE DIRECTOR ALLEGES
MAY PRECLUDE THE LICENSEE FROM PRACTICING WITH REASONABLE SKILL
AND SAFETY. THE DIRECTOR MAY CONSIDER TESTIMONY AND REPORTS
SUBMITTED BY THE LICENSEE IN CONJUNCTION WITH, BUT NOT IN LIEU OF,
TESTIMONY AND EXAMINATION REPORTS OF THE HEALTH CARE PROVIDER
DESIGNATED BY THE DIRECTOR.
(4) A PERSON SHALL NOT USE THE RESULTS OF ANY MENTAL OR
PHYSICAL EXAMINATION ORDERED BY THE DIRECTOR AS EVIDENCE IN ANY
PROCEEDING OTHER THAN ONE BEFORE THE DIRECTOR. THE EXAMINATION
RESULTS ARE NOT PUBLIC RECORDS AND ARE NOT AVAILABLE TO THE
PUBLIC.
12-29.9-115. Protection of medical records - licensee's
obligations - verification of compliance - noncompliance grounds for
discipline - rules. (1) EACH LICENSEE SHALL DEVELOP A WRITTEN PLAN
TO ENSURE THE SECURITY OF PATIENT MEDICAL RECORDS. THE PLAN MUST
ADDRESS AT LEAST THE FOLLOWING:
(a) THE STORAGE AND PROPER DISPOSAL OF PATIENT MEDICAL
RECORDS;
(b) THE DISPOSITION OF PATIENT MEDICAL RECORDS IN THE EVENT
THE LICENSEE DIES, RETIRES, OR OTHERWISE CEASES TO PRACTICE OR
PROVIDE AUDIOLOGY SERVICES TO PATIENTS; AND
(c) THE METHOD BY WHICH PATIENTS MAY ACCESS OR OBTAIN
THEIR MEDICAL RECORDS PROMPTLY IF ANY OF THE EVENTS DESCRIBED IN
PARAGRAPH (b) OF THIS SUBSECTION (1) OCCURS.
(2) UPON INITIAL LICENSURE UNDER THIS ARTICLE, THE LICENSEE
SHALL ATTEST TO THE DIRECTOR THAT HE OR SHE HAS DEVELOPED A PLAN
IN COMPLIANCE WITH THIS SECTION.
(3) A LICENSEE SHALL INFORM EACH PATIENT, IN WRITING, OF THE
METHOD BY WHICH THE PATIENT MAY ACCESS OR OBTAIN HIS OR HER
MEDICAL RECORDS IF AN EVENT DESCRIBED IN PARAGRAPH (b) OF
SUBSECTION (1) OF THIS SECTION OCCURS.
(4) A LICENSEE WHO FAILS TO COMPLY WITH THIS SECTION IS
SUBJECT TO DISCIPLINE IN ACCORDANCE WITH SECTION 12-29.9-108.
(5) THE DIRECTOR MAY ADOPT RULES AS NECESSARY TO
IMPLEMENT THIS SECTION.".

Renumber succeeding C.R.S. section accordingly.

Page 19, line 2, strike "PART 1" and substitute "ARTICLE".

Page 19, strike lines 6 through 27.

Strike pages 20 through 24.

Page 25, strike lines 1 through 26.

Page 26, line 7, strike "PART 1 OF".

Page 26, strike lines 9 through 25.

Renumber succeeding sections accordingly.

Page 27, line 24, strike "PART 1 OF".

Page 28, line 10, strike "part 1 of" and substitute "part 1 of".


Health &
Human
Services


Senate Journal, February 22
SB13-039 by Senator(s) Aguilar; also Representative(s) McCann--Concerning the regulation of
audiologists.

A majority of those elected to the Senate having voted in the affirmative, Senator Aguilar
was given permission to offer a third reading amendment.


Third Reading Amendment No. 1(L.002), by Senator Aguilar.

Amend engrossed bill, page 12, line 16, strike "DEFERRED JUDGMENT
OR".

The amendment passed on the following roll call vote: