The Scope and Purpose of the Colorado Medical Board (2024)

The Scope and Purpose of the Colorado Medical Board (1)

The Scope and Purpose of the Colorado Medical Board

The state of Colorado prides itself on maintaining only thehighest standards for its physicians, nurses and other health careprofessionals. A key component of this oversight and regulation is the ColoradoMedical Board (CMB) which is charged with licensing Medical Doctors (MDs),Doctors of Osteopathy (DOs), Physician Assistants (PAs) and AnesthesiologyAssistants (AAs). Currently the CMB is composed of eight M.D.s, three D.O.s,one P.A. and four members of the public.

In order to maintain elevated standards for the many healthcare professions it oversees, the Colorado Medical Board establishes licensingrequirements for practice in the state of Colorado. These licensing requirements apply to new graduates,transfers from other states and professionals who wish to continue practicingin this state.

Additionally, the Colorado Medical Board also serves as adisciplinary body that may revoke a license if there has been a violation ofthe rules or regulations regarding professional practice. The bases for such adisciplinary action may include

  • Fraud or misrepresentation on a licensing application
  • Conviction of any offense of moral turpitude
  • Violation of any state or federal law regardinga controlled substance
  • Habitual use of alcohol or controlled substance
  • Aiding anyone without a medical license topractice medicine
  • Failure to alert the CMB of an infirmity that inhibitsthe medical professional’s ability to perform a medical skill
  • Engaging in a sexual act with a patient whileunder care or within six months following termination of care
  • Failure to report an adverse action taken by anotherlicensing agency within 30 days
  • Repeatedly ordering tests or treatments withouta clinical justification
  • Recording false information in patient recordsor regularly failing to record essential entries
  • Perpetrating a fraudulent insurance act

If the Colorado Medical Board is informed of a professionalviolation, it may initiate an investigation or refer the matter to a civil orcriminal investigative body.

Professional Licensing in Colorado

In order to practice as a medical professional in Colorado,the Colorado Medical Board must complete the following criteria prior toissuing a license:

  • Confirm your academic and professionalhistory—beginning with your undergraduate education, the Colorado MedicalBoard will authenticate all of your academic and professional credentials.
  • Review all application documents—theboard will review the submitted documents to ensure that there is no missinginformation and that all of the information contained therein is accurate andup to date.
  • Authenticate professional credentials—theColorado Medical Board may contact any organizations that you served with toobtain transcripts, letters of reference, training evaluations or malpracticeclaims history.
  • Review USMLE results—licensing applicantsmust pass all three steps of the United States Medical Licensing Examinationwithin 7 years (MD/PHDs have 10 years to fulfill this requirement).

DORA Complaints

If you suspect that a medical professional has violated arule of professional conduct you may file a complaint with the ColoradoDepartment of Regulatory Agencies, also known as a DORA complaint. Uponsubmission, the complaint will be evaluated by the Division of Professions andOccupations to determine if a law or regulation has been violated.

If there is a likelihood that a violation has taken place,then the Colorado Medical Board will open an investigation into the matter. Incertain circ*mstances, the CMB may request that the Office of Investigationstakes part in the investigation.

If the CMB or Office of Investigations finds that a law hasbeen broken, then a hearing may be scheduled to determine how the parties shouldproceed. In cases where a settlement is possible, the Office of ExpeditedSettlement may be asked to oversee negotiations. If a criminal violation hasoccurred, the Office of the Attorney General may be asked to take over thecase.

Important Colorado Medical Board Decisions

The Colorado Medical Board has been instrumental inprotecting the public from unqualified charlatans, high-risk professionals, andunsafe products. Some of the more high-profile cases that the Colorado MedicalBoard has played a critical role in include:

  • In 2019, the CMB alerted the public that a Hassen Dagher was not a medical doctor licensed to practice in the state of Colorado. Despite purporting to be an M.D. with a degree from the St. Matthews University School of Medicine in the Cayman Islands, there is no evidence that Dagher ever held a license to practice medicine in the U.S. or any other country. The Colorado Medical Board issued two cease-and-desist letters and referred the matter to the state attorney general.
  • The Colorado Medical Board has become embroiled in some controversy regarding medical marijuana. A recent story in the Denver Post publicized the hidden practice of referring physicians accused of recommending medical marijuana to patients to the Colorado Medical Board. The CMB became the target of a lawsuit brought by nine physicians in which they argued that this clandestine policing of physicians violated the state’s open meetings laws. A judge eventually ruled that the Colorado Department of Public Health and Environment should stop referring physicians to the CMB under the current legal framework, but allowed the CMB to proceed on investigations. An appellate court overturned this decision and allowed the CDPHE to make referrals of physicians who had recommended patients grow an illegal amount of marijuana, had an exceptionally high caseload or saw almost exclusively younger patients.
  • The Colorado Medical Board has been criticized for not requiring physicians to complete continuing education courses like almost all other states. This criticism of the CMB is not justified as the state Medical Practice Act specifically forbids a continuing education requirement. Furthermore, there is substantial evidence that most physicians—and especially medical specialists—remain up-to-date on the latest developments in their field. However, there is some concern that some of the public may be at risk because select physicians may not maintain their body of knowledge as they should. In light of the rapidly evolving field of medicine, prominent medical experts like Dr. Lynn Parry, former president of the Colorado Medical Society, have proposed legislative changes that would require practicing physicians continue their education.

Articlewritten by:Dr. Robert Moghim–CEO/Founder Colorado Pain Care

M.D. Disclaimer:The views expressed in this article are the personal views of Robert Moghim,M.D. and do not necessarily represent and are not intended to represent theviews of the company or its employees.The information contained inthis article does not constitute medical advice, nor does reading or accessingthis information create a patient-provider relationship. Comments thatyou post will be shared with all visitors to this page. The comment feature isnot governed by HIPAA and you should not post any of your private healthinformation.

The Scope and Purpose of the Colorado Medical Board (2024)
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