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Colorado Department of Law — Annual Report 2009 - page 37 / 41

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Colorado Department of Law — Annual Report 2009

as advice and guidance with regard to rulemaking and policy issues.

Board of Medical Examiners

In 2009:

  • Counsel for the Board of Medical Examiners successfully prosecuted and resolved several complex disciplinary actions against physicians who engaged in unprofessional conduct.

  • As a result of an amicus brief filed by counsel for the Board of Medical Examiners in private party litigation, the Colorado Supreme Court recognized that documents from a Board of Medical Examiners investigation are not subject to automatic disclosure under civil procedure rules.

  • Counsel for the Board successfully defended an appeal regarding the Board’s revocation of a physician who had engaged in more than 40 instances of substandard care.

  • Counsel for the Board also defended the Board of Medical Examiners’ decision to permanently bar a physician from surgery after evidence that the physician treated a surgical patient in a manner which fell below the standard of care.

  • Attorneys for the Board of Medical Examiners successfully obtained several revocations or permanent relinquishments of licenses in 2009, including the revocation of a physician’s license after she violated an order voluntarily agreeing not to practice medicine.

  • Counsel secured the permanent relinquishment of the Colorado license of a physician practicing in California who persuaded patients to undergo unnecessary respiratory treatments.

  • Counsel obtained the permanent relinquishment of a physician’s license after he failed to fully complete an education and post-education plan.

  • Unit attorneys also secured the permanent relinquishment of a physician assistant’s license after an investigation determined the physician assistant engaged in an improper sexual relationship with a patient and in improper prescribing practices.

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Board of Nursing In 2009:

  • Counsel for the Board of Nursing successfully prosecuted a licensed practical nurse who had engaged in multiple instances of criminal conduct, including aggravated motor vehicle theft and forgery, which ultimately resulted in the revocation of her license to practice nursing.

  • Counsel also represented the Board of Nursing in multiple summary suspension proceedings involving nurses who diverted narcotics for their own personal use from hospitals or other medical facilities. At least three of these cases were reported by the media during the past year. Counsel moved swiftly in all of these cases and successfully removed these nurses from practice.

  • Counsel also represented the Board of Nursing in another summary suspension proceeding against a licensed practical nurse who falsified her licensing application and submitted forged documents as proof of residency and nursing education. This case ultimately resulted in the surrender of her license to practice practical nursing.

Board of Examiners of Nursing Home Administrators

In 2009:

  • Counsel for the Board of Examiners of Nursing Home Administrators successfully prosecuted and resolved a case against a licensee who had manipulated and convinced elderly individuals to invest their money in a fraudulent mortgage scheme devised by the licensee and his business partner. The licensee entered a plea of guilty in a related criminal action, and ultimately agreed to permanently surrender his license.

Colorado Board of Pharmacy

The Board of Pharmacy’s attorneys provided regular general counsel and litigation services to the Board in its efforts to regulate the practice of pharmacy in the

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