HB 11-1128: Protection from Discovery of Documents in a Civil Lawsuit Against a State-Regulated Professional

On January 21, 2011, Rep. Jim Riesberg, D-Greeley, and Sen. Suzanne Williams, D-Aurora, introduced HB 11-1128 - Concerning the protection from discovery in a civil lawsuit against a state-regulated professional of documents resulting from a complaint about the professional that are held by the board that regulates the professional. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill protects from subpoena or discovery in a civil lawsuit against a state-regulated professional documents resulting from a complaint against the professional that are held by the director of the division of registrations, in the case of a complaint against an addiction counselor, or by the following regulatory boards:

• The state board of accountancy;
• The state board of pharmacy;
• The Colorado podiatry board;
• The state board of chiropractic examiners;
• The state board of dental examiners;
• The state board of nursing and the nurse aide advisory committee;
• The board of examiners of nursing home administrators;
• The state board of psychologist examiners;
• The state board of social work examiners;
• The state board of licensed professional counselor examiners;
• The state board of marriage and family therapist examiners; and
• The state grievance board.

The protected documents include the complaint, response, investigation report, notes, and memoranda. The bill passes, unamended, out of the House on February 8 and has been assigned to the Judiciary Committee in the Senate.

Summaries of other featured bills can be found here.