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Laws, Rules and Policies


Laws

Please note that these statutes are provided in this format for your convenience only. You may always find the most current version of the Colorado Revised Statutes online via the Colorado Statute Manager.
 


Rules and Regulations

This online version of these regulations is the most current version available. However, this is not the official version. For official publication of these and all State of Colorado regulations, please consult the Code of Colorado Regulations or contact Weil Publishing at: Weil Publishing Co., Inc., 150 Capitol Street, Augusta, Maine 04330. You may also contact them by phone at 1-800-877-WEIL or visit their website at weilpublishing.com.
 

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Chapter 1    Rules and Regulations for the Licensure of Practical and Professional Nurses

Chapter 2   Rules and Regulations for Approval of Nursing Education Programs, Effective June 14, 2014   

Chapter III   Rules and Regulations Regarding the Imposition of Fines

Chapter IV   Repealed effective in 1994

Chapter 5     Rules and Regulations for Licensure of Psychiatric Technicians
 
Chapter VI   Rules and Regulations for the Accreditation of Psychiatric Technician Programs

Chapter VII   Initial Decisions and Related Matters - Repealed effective April 1, 2011

Chapter VIII   Declaratory Orders

Chapter IX    Rules and Regulations for the Licensed Practical Nurse in Relation to IV Authority

Chapter 10   Rules and Regulations for Certification as a Nurse Aide

Chapter 11   Rules and Regulations for Approval of Nurse Aide Training Programs, Effective June 14, 2014

Chapter XII   Rule and Regulations for Approval of Medication Aide Training Programs

Chapter 13   Rules and Regulations Regarding the Delegation of Nursing Tasks, Effective June 14, 2014

Chapter XIV   Rules and Regulations to Register Professional Nurses Qualified to Engage in Advanced Practice Nursing

Chapter XV   Rules and Regulations for Prescriptive Authority for Advanced Practice Nurses

Chapter 16   Duty to Report Felonies

Chapter XVII   Rules and Regulations for the Colorado Certified Nurse Aide Registry

Chapter XVIII   Repealed effective October 1, 2007

Chapter 19     Rules and Regulations for Medication Aide Authority

Chapter 20     Rules and Regulations for Multistate Nurse Licensure

Chapter XXI   Rules and Regulations Regarding Liability Insurance for Advanced Practice Nurses Engaged in Independent Practice

Chapter 22   Rules and Regulations Regarding the Designation of Authorized Entities to Conduct Professional Review of Advanced Practice Nurses

Chapter 23   Rules and Regulations Regarding Reporting Requirements
 

 

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Policies

Policies of the Nursing Board are divided into six sections:

Section 10 - Licensing
Section 20 - Enforcement
Section 30 - Authorities/Scope of Practice
Section 40 - Administration
Section 50 - Multi-State Licensure (Nurse Compact)
Section 60 - Miscellaneous

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10-01   Clarification of "graduate" and "program"

10-02   Exemptions for former nurse lay midwives returning to the practice of nursing

10-03   Continuing competency requirements for Practical and Professional Nurses

10-04   Minimum recommended documentation for applicants for licensure by examination following revocation or surrender of license due to substance abuse issues

10-05   English Competency Requirements for Licensure

10-06   Continuing Competency Requirements Psychiatric Technicians

10-07   (Formerly 60-01) Clarification of the four (4) month statutory certification exemption and the term “denied” as used in section 12-38.1-117(1)(d), C.R.S. pertaining to Certified Nurse Aides

10-08     Delegated authority related to licensing

10-09     Substantial Equivalence for CNA and MA training gained in Military Service

10-10     Substantial Equivalence for practical nursing education gained in Military Service

10-11     License/Employment Designations

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20-01     Patient abandonment

20-02     The Office of Investigations may expand an investigation

20-03     Complaints against individuals practicing without a license

20-04     Definition of "diverting controlled substances"

20-05     Extensions of time to respond to a complaint

20-06     Delegated authority related to enforcement

20-07     Nurses practicing on an expired license

20-08     Nurse aides practicing on an expired certificate (Repealed 7/27/2011)

20-09     Review of complaints related to nurses with expired licenses and nurse aides with expired certificates

20-10     Anonymous complaints

20-11     Enforcement of injunctive actions

20-12     Process for handling complaints involving Board of Nursing or Nurse Aide Advisory Committee (NAAC) members (Repealed 4/27/2011)

20-13     Authorization to accept a surrender of a license or certificate after the initiation of an investigation or hearing

20-14     Minimum qualifications for nurses performing oversight of probationary licenses

20-15     Delegation of authority regarding the monitoring of licensees who are subject to the terms of disciplinary actions

20-16    Urine drug and alcohol testing policy

20-17    Compliance with probationary reporting requirements

20-18     Criteria for the selection of evaluators

20-19     Public disciplinary documents

20-20     Reporting requirements

20-21     Non-Public Participation in the Nursing Peer Health Assistance or Nurse Alternative to Discipline Program

20-22     Delegation of authority to the Program Director or designee to process and resolve violations involving practice on expired licenses or expired certificates for nurses, nurse aides, and psychiatric technicians

20-23     To clarify the basis for this type of dismissal, when the Board of Nursing may reopen such a case and designation of a specific retention period for these types of cases.

20-24     Process for Handling Complaints Involving State Board of Nursing

20-25     Requirements for Evaluation Reports

20-26     Impairment While on Duty for RNs, LPNs, LPTs, and CNAs
 

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30-01      IV Certification by Endorsement for Licensed Practical Nurse (LPN) or Licensed Vocational Nurse (LVN)

30-02     Staff approval of applications for the advanced practice registry (Repealed 10/24/2012)

30-03     Staff approval of applications for prescriptive authority (Repealed 10/24/2012)

30-04     Orders from other healthcare practitioners (conduit theory)

30-05     Overview of the scope of practice of advanced practice nursing

30-06     Determination of death

30-07     Voluntary withdrawal of Advanced Practice Registry, Prescriptive and IV Authorities

30-08     (Repealed 9/15/2010)

30-09    Telenursing

30-10    Policy for Prescribing and Dispensing Opioids
 

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40-01     Delegated authority to order a summary suspension, execute an interim cessation of practice agreement and/or to order a mental/physical examination

40-02     Delegated authority (Repealed 10/24/2012)

40-03     Consideration of ALJ Initial Decisions

40-04     Subpoena enforcement

40-05     Personal appearances before the Full Board, the Panels or the Nurse Aide Advisory Committee (NAAC)

40-06    Nurse Aide Advisory Committee (NAAC), authority and purpose

40-07     Applicants who wish to serve on the Nurse Aide Advisory Committee (NAAC)

40-08     Composition and terms for the Nurse Aide Advisory Committee (NAAC)

40-09     Mediation

40-10    Designation of Complementary Rules and Regulations

40-11    Release of Complaint and Investigatory Information to Other Licensing Boards

40-12    Release of Investigatory Information to FGovernmental and Law Enforcement Agencies

40-13    Advanced Practice Nurses (APN) Practice Coverage Outside of Normal Office Hours
 

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50-01     Licensees subject to conditions pursuant to a Board Order regarding the Nurse Licensure Compact

50-02     Multistate practice of licensees under public discipline or participating in the Nursing Peer Health Assistance or Nurse Alternative to Discipline Program ("Alternative to Discipline") for physical, mental and/or substance abuse problems (Repealed 7/27/11)

50-03     Clarification of establishment of residency in Colorado when changing residency from another compact state

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60-01     (Replaced with Policy 10-07)

60-02     Nursing Student Extern

60-03     Nurse Aide Training Program Pass Rate

60-04     Calculation of full-time to part-time faculty for professional and practical nursing education program

60-05     Further Clarification of the Definition of Nursing Education Program

60-06     Faculty Waiver Submissions for Nursing Education Programs

60-07     Ratio of Faculty to Student in Professional and Practical Nursing Education Programs

60-08    Clinical Simulation Laboratory Experience Evaluation and Faculty Competency in the Clinical Simulation Experience

60-09     Submission of Educational Material for Board Consideration
 

Scope of Practice

The Board has developed the following statements for use in determining scope of practice. Individual situations should be reviewed against these statements for verification of scope of practice.

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In Colorado, the practice of professional nursing (including those listed on the advanced practice registry) includes the performance of both independent nursing functions and delegated medical functions. The Board of Nursing (BON) considers RNs to be independent practitioners.

Two things limit the independent scope of nursing practice:
 

  • Task/practice must be within the field of nursing, and

 

  • RN must possess the specialized knowledge, judgment and skill required to complete the job/task undertaken. There is no BON requirement for physician oversight of nurses during the course of independent nursing practice. However, individual facilities or physician practices may have policies requiring some level of physician involvement or oversight.


Dependent nursing function falls under delegated medical. CRS 12-38-103 (4) defines delegated medical function to include the RN implementation of a medical plan. ".a written plan, verbal order, standing order, or protocol - whether patient specific or not, that authorizes specific or discretionary medical action, which may include but is not limited to the selection of medication." The amount of physician oversight would be determined by the physician and nurse involved in this process.

 

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The Board of Nursing has been working to empower Colorado nurses to determine their own scope of practice. The Board's mission is the regulation of nursing practice in Colorado; this regulation does not mean dictating how individual nurses should carry out that practice, but whether or not the practice meets the standards established by the Nurse Practice Act. Using the following guidelines and the attached flow chart, a nurse may decide what is within scope, and to make certain the task or practice is documented in facility or institution policies and procedures.

Begin by asking the following question: Is this task/practice within my scope of practice?

A.   Basic Nursing Education Preparation

  1. Was the skill/task taught in your basic nursing program?
  2. If it was not included in your basic nursing education, have you since completed a comprehensive training program, which included clinical experience?
  3. Has this task has become so routine in the nursing literature and in nursing practice (e.g. sharp wound debridement), it can be reasonably and prudently assumed within scope?
  4. Is the skill/task in your hiring agency policy and procedure manual?
  5. Does carrying out the duty pass the "Reasonable and Prudent" standard for nursing?

If you can answer "yes" to all the above questions, the task is within your scope of practice and you do not need to seek a practice question decision from the Board. If you cannot answer "yes" to all of the above, proceed to option B.

B.  If you answer "no" to any of the questions above, consider two possible outcomes:

  1. The task is not within your scope of practice - Omit task
  2. The task may not be within your scope of practice - Request Board of Nursing advisory opinion if needed.

 

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The Nurse Practice Act defines the scope of practice of the licensed practical nurse (LPN) as that which is taught in schools of practical nursing in Colorado at this time. Therefore, all decisions regarding which tasks may be performed by a LPN are based on the present curriculum criteria. The LPN curriculum in Colorado is a 9 to 11 month course focusing on the care of patients with predictable outcomes. The curriculum emphasizes the maintenance of those patients and performance of nursing skills with a high degree of technical expertise. The practical nursing student is taught to identify normal from abnormal in each of the body systems and to identify changes in the patient's condition which are then reported to the RN or MD for further or "full" assessment. For further information regarding the specific tasks and skills taught in the LPN curriculum, you may wish to contact one of the many Colorado colleges offering an LPN program.

Legislation passed during the Legislative Session impacts the Division of Professions and Occupations. Please review the program's Laws, Rules and Policies web page to learn of any changes due to legislation.

 
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1560 Broadway, Suite 1350, Denver, CO 80202 Email
(303) 894-7800 - Phone (303) 894-7693 - Fax