3 ccr 713-15 rule 310 - designation of professional liability insurers 1

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Rule 310
3 CCR 713-15
COLORADO MEDICAL BOARD DESIGNATION OF PROFESSIONAL LIABILITY INSURERS
INTRODUCTION
A. Basis. The authority for promulgation of rules and regulations by the Colorado Medical Board
(“Board”) is set forth in Sections 24-4-103, 12-36-104(1)(a), and 12-36.5-104(4)(f), C.R.S.
B. Purpose. These rules have been adopted by the Board to:
1. Establish standards for the designation of professional liability insurers by the Board in order that
such insurers will be entitled to the immunities provided by Section 12-36.5-101, et seq., C.R.S.;
2. Effectuate the legislative policy set forth in Section 12-36.5-101, et seq., C.R.S., by encouraging
professional liability insurers to openly, honestly, and effectively study and review the conduct of
practice by physicians who are, or seek to be, provided professional medical liability coverage by the
insurer;
3. Enable the Board to more effectively regulate the conduct of the practice of medicine by encouraging
the prompt, accurate, and complete reporting of instances of unprofessional conduct by professional
liability insurers.
RULES AND REGULATIONS REGARDING THE DESIGNATION OF PROFESSIONAL LIABILITY INSURERS AND
THE CORRESPONDING GRANT OF IMMUNITY
In order to be designated a professional liability insurer under C.R.S. 12-36.5-104(4)(f) and enjoy the
immunities provided by Section 12-36.5-101, et seq., C.R.S., such insurer must show that:
1. it is a professional liability insurer authorized to do business in Colorado under the provisions of
Section 10-3-105, C.R.S.;
2. its procedures for professional reviews conform with state and federal law, including the procedures
set forth in the Colorado Peer Review Statutes, Sections 12-36.5-101, et seq., C.R.S., and the Health Care
Quality Improvement Act of 1986, 42 U.S.C. 11101, et seq.; and
3. it acknowledges and agrees to comply with a standing request on the part of the Board, pursuant to
C.R.S. 12-36.5-104(11), for a complete record of all professional review proceedings in which an
allegation of unprofessional conduct, as defined in C.R.S. 12-36-117, has been made. Said record of
proceedings shall be sent to the Board not later than sixty (60) days following the final action of the
governing board or the insured’s withdrawal of any request for professional liability coverage.
4. In the event that the Board determines, after initial review, consideration or investigation, that the
alleged conduct of the physician under review does not involve a violation of the provisions of the
Colorado Medical Practice Act, C.R.S. 12-36-101, et seq., the reports or information submitted pursuant
to paragraph 3 and related documents or proceedings of the Board shall be confidential and not subject
to public inspection or disclosure.
5. Records submitted to the Board by a peer review committee of a designated professional liability
insurer shall be entitled to protection against release or disclosure consistent with state and federal law.
Effective: 3/1/92; Revised 08/19/10; Effective 10/15/10; Repealed 05/16/13