Colorado Criminal Law – The Impact Of A Criminal Case On A Colorado Medical Professional’s License

By H. Michael Steinberg – Colorado Criminal Defense Lawyer

Colorado Criminal Law – The Impact Of A Criminal Case On A Colorado Medical Professional’s License The licenses of Colorado medical professionals such as nurses, CNA’s, EMT’s, are at least partially governed by the Medical Practice Act,12-36-117.

The disciplinary action to deny licensure based upon a Colorado criminal case is a critically important issue to fully understand if you are a Colorado medical professional. The answer to the question: what are the types of criminal convictions are “threat”s to Colorado medical licenses is the subject of this brief article

Always Start With The Law

Here is a summary of the law at issue:

Colorado Medical Board Rules and Regulations Regarding Reporting Requirements for Criminal Convictions

Each licensee shall inform the Board, in the manner set forth by the Board, within thirty (30) days of the conviction of the licensee of any of the following:

An offense of moral turpitude under the laws of any state or of the United States;

A felony under the laws of any state or of the United States;

A crime that may constitute a violation of the Medical Practice Act, section 12-36-101, C.R.S, et seq.

A violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, as defined in section 12-22-303(7), C.R.S.

How Does The Colorado Medical Practice Act Define A Conviction?

The definition of a conviction under the Medical Practices Act is VERY BROAD.

For purposes of this rule, a “conviction” includes:

A guilty verdict;

A plea of guilty accepted by the court or the entry of a guilty plea;

A plea of nolo contendere (no contest) accepted by the court; or

The imposition of a deferred sentence accepted by the court.

What Is A Crime Of MORAL TURPITUDE?

For the purposes of this rule, “crimes of moral turpitude” include the following felony, misdemeanors, or municipal offenses:

Any of the offenses against the person set forth in Title 18, Article 3 of the Colorado Revised Statutes. Examples of such offenses include, but are not limited to, any assault, menacing, or unlawful sexual behavior; (see below)

Any of the offenses against property set forth in Title 18, Article 4 of the Colorado Revised Statutes. Examples of such offenses include, but are not limited to, any arson, theft, trespass, or criminal mischief; (see below)

Any of the offenses involving fraud set forth in Title 18, Article 5 of the Colorado Revised Statutes; (see below)

Computer crime as set forth in Title 18, Article 5.5 of the Colorado Revised Statutes;

Any of the offenses involving the family relations set forth in Title 18, Article 6, Part 4 (wrongs to children), when committed intentionally and knowingly or recklessly; Part 6 (harboring a minor); or Part 8 (domestic violence), of the Colorado Revised Statutes; (see below)

Any of the offenses constituting wrongs to at-risk adults set forth in Title 18, Article 6.5 of the Colorado Revised Statutes; (see below)

Any of the offenses relating to morals set forth in Title 18, Article 7 of the Colorado Revised Statutes. Examples of such offenses include, but are not limited to, prostitution, indecent exposure, and criminal invasion of privacy; (see below)

Any other offense in any jurisdiction whatsoever that is committed intentionally, knowingly, or recklessly, and involves violence, coercion, threats, cruelty, fraud, deception, or deprivation of legally recognized rights; and

Any conspiracy, solicitation, or criminal attempt to commit any of the above offenses, or participation as an accessory to any of the above offenses.

The conviction of the licensee of any of the above, under the laws of any state or of the United States, is unprofessional conduct and may be grounds for discipline pursuant to section 12-36-117(1)(f), (h) or (y), C.R.S.

[To locate ANY of the following crimes – use this LINK https://www.lexisnexis.com/hottopics/Colorado/]

Article 3. Offenses Against the Person (§§ 18-3-101 – 18-3-602)

Article 4. Offenses Against Property (§§ 18-4-101 – 18-4-802)

Article 5. Offenses Involving Fraud (§§ 18-5-101 – 18-5-905)

Article 5.5. Computer Crime (§§ 18-5.5-101 – 18-5.5-102)

Article 6. Offenses Involving the Family Relations (§§ 18-6-101 – 18-6-805)

Article 6.5. Wrongs to At-risk Adults (§§ 18-6.5-101 – 18-6.5-109)

Article 7. Offenses Relating to Morals (§§ 18-7-101 – 18-7-801)

What Is The Nature Of A Colorado DEFERRED JUDGMENT AND SENTENCE – 18-1.3-102

A deferred judgment and sentence is a creation of a statute – it is a law that is authorized under Colorado Revised Statutes Section 18-1.3-102(1). It is a plea bargain that is in the nature of a contract – if the conditions of the deferred are accomplished the terms of the contract are fulfilled and a sentence is never imposed.

At the end of a successful deferred judgment “the plea of guilty previously entered shall be withdrawn and the charge upon which the judgment and sentence of the court was deferred shall be dismissed with prejudice.” (Charges can never be re-filed) § 18-1.3-102(2).

Essentially following a successful completion of a deferred sentence agreement – “there no longer exists a plea of guilty to a felony, and there never existed a judgment of conviction.” BUT – the Medical Practices Act treats medical professionals differently.

The Medical Practices Act And The Colorado Deferred Judgment

For purposes of the Medical Practice Act Disciplinary action CAN BE imposed or medical licensure denied following entry of a deferred sentence. § 12-36-117(1)(f) and (h).

The Colorado State Legislature in the Medical Practice Act defines the term General Assembly “conviction” so broadly it includes a deferred sentence in the definition.

The Colorado General Assembly takes defines the term “conviction” so broadly in fact that after a plea is entered – the impact is the same…

Whether there has been an acceptance of the plea by the Judge

Whether there has been a sentencing hearing,

Whether there has been a final judgment of conviction,

Whether a motion to withdraw the plea has been filed or

Whether an appeal has been filed.

The Use of Controlled Substances and Medical Licensure Issues – A Slightly Different Picture Than Other Kinds Of Crimes Under The Colorado Criminal Code

The Colorado Department of Regulatory Agencies – like many other institutions in government – has arrived t the conclusion that criminal convictions related to addiction require different treatment. While any conviction for a violation of any federal or state law regulating the possession, distribution, or use of any controlled substance, subjects the licensee to the possible denial, revocation or suspension of their Colorado Medical License – A different Colorado law applies to medical professionals and that is 24-5-101, C.R.S.

Under section 12-36-117(1)(h) of the Medical Practice Act, the Medical Licensure Board is governed by section 24-5-101 when determining whether controlled substance-related convictions form a sufficient basis for disciplinary action or license denial.

The law itself explains why controlled substance crimes are “different” in this context.

The purpose of section 24-5-101 is:

“to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.” § 24-5-101(2).

The Medical Practice Act, must be read with 25-5-101 and in that a criminal conviction, in and of itself, is not sufficient to warrant denial or discipline of a license without considering the:

“pertinent circumstances . . . to determine the moral character of the applicant or licensee.”

A greater focus on a mandate on assisting the medical practitioner to achieve rehabilitation and avoid the loss of their license occurs under these circumstances.

Colorado Criminal Law – The Impact Of A Criminal Case On A Colorado Medical Professional’s License

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Never stop fighting – never stop believing in yourself and your right to due process of law.

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277. Attorney H. Michael Steinberg is passionate about criminal defense. His extensive knowledge and experience of Colorado Criminal Law gives him the edge you need to properly handle your case.

“A good criminal defense lawyer is someone who devotes themselves to their client’s case from beginning to end, always realizing that this case is the most important thing in that client’s life.”

You should be careful to make a responsible choice in selecting a Colorado Criminal Defense Lawyer – and we encourage you to “vet” our firm. Over the last 40 plus years – by focusing ONLY on Colorado criminal law – H. Michael has had the necessary time to commit to the task of constantly updating himself on nearly every area of criminal law, to include Colorado criminal law and procedure and trial and courtroom practice. H. Michael works hard to get his clients the best possible results in and out of the courtroom. He has written, and continues to write, extensively on Colorado criminal law and he hopes this article helps you in some small way – Colorado Criminal Law – The Impact Of A Criminal Case On A Colorado Medical Professional’s License.