Sometimes, physicians find themselves dealing with criminal matters that may affect their licensing. Under Rule 380 Reporting Requirements for Criminal Convictions, the Colorado Medical Board requires licensees to report criminal convictions that constitute unprofessional conduct. Licensees are required to report any conviction of an offense of mortal turpitude, a felony, a crime that may constitute a violation of the Medical Malpractice Act, or a violation of any federal or state law regulating the possession, distribution, or use of any controlled substance within 30 days. A conviction includes a guilty verdict, a plea of guilty, a plea of nolo contendere (no contest), or the imposition of a deferred sentence.
So what’s a “crime of moral turpitude”? Luckily, 3 CCR 713-36.2(C) provides some guidance. Crimes of moral turpitude include: assault, menacing, unlawful sexual behavior, arson, theft criminal mischief, fraud, acts of domestic violence. A conviction of any of these crimes may be grounds for discipline, and a licensee is required to also report any imposition of sentence for the conviction and/or the completion of all terms of the sentence for the conviction.
If you, as an individual licensed by the Colorado Medical Board, find yourself dealing with a criminal matter, make sure to refer to the Code of Colorado Regulations for guidance regarding reporting requirements. You can find that information at https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2976&deptID=18&agencyID=68&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Division%20of%20Professions%20and%20Occupations%20-%20Colorado%20Medical%20Board&seriesNum=3%20CCR%20713-36.
A complete list of the Colorado Medical Board regulations can also be found at
https://www.sos.state.co.us/CCR/NumericalCCRDocList.do?deptID=18&agencyID=68.
