C.R.S. § 12-210-111 — CO Code / Title 12 / Article 210 / Part 1 / Section 12-210-111
12-210-111. Professional liability insurance required - rules
Status: in_force

12-210-111. Professional liability insurance required - rules. (1) (a) Except as provided in subsection (1)(b) of this section, an audiologist shall not practice audiology unless the audiologist purchases and maintains or is covered by professional liability insurance in the form and amount determined by the director by rule.

(b) The director, by rule, may exempt or establish lesser liability insurance requirements for a class of audiologists whose practice does not require the level of public protection the director establishes pursuant to this subsection (1)(b) for all other audiologists.

(2) The professional liability insurance required by this section must cover all acts within the scope of practice of an audiologist as defined in this article 210.
C.R.S. § 12-285-110 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-110
12-285-110. Licensure by examination
Status: in_force

12-285-110. Licensure by examination. (1) Every applicant for a license by examination shall:

(a) Successfully complete a physical therapy program:

(I) That is accredited by a nationally recognized accrediting agency; or

(II) That the board has determined to be substantially equivalent. The general assembly intends that this determination be liberally construed to ensure qualified applicants seeking licensure under this article 285 the right to take the qualifying examination. The general assembly does not intend for technical barriers to be used to deny applicants the right to take the examination.

(b) Pass a written examination that is:

(I) Approved by the board; and

(II) A national examination accredited by a nationally recognized accrediting agency;

(c) Submit an application in the form and manner designated by the director; and

(d) Pay a fee in an amount determined by the director.

(2) The board may refuse to permit an applicant to take the examination if the application is incomplete, the applicant is not qualified to sit for the examination, or the applicant has committed any act that would be grounds for disciplinary action under section 12-285-120.

(3) When the applicant has fulfilled all the requirements of subsection (1) of this section, the board shall issue a license to the applicant; except that the board may deny the license if the applicant has committed an act that would be grounds for disciplinary action under section 12-285-120.
C.R.S. § 12-300-111 — CO Code / Title 12 / Article 300 / Section 12-300-111
12-300-111. Confidential agreement to limit practice
Status: in_force

12-300-111. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 300.

(2) This section and section 12-30-108 do not apply to a respiratory therapist subject to discipline for prohibited activities as described in section 12-300-109 (2)(h).
C.R.S. § 12-105-123 — CO Code / Title 12 / Article 105 / Section 12-105-123
12-105-123. Investigations
Status: in_force

12-105-123. Investigations. The practice and procedure of the director with respect to any investigation by the director authorized by this article 105 shall be in accordance with rules promulgated by the director, which rules shall provide for, but need not be limited to, investigation powers, including the right to enter the premises of any place of business registered or subject to registration under this article 105 at any time the business is open or has members of the public present on the premises.
C.R.S. § 12-130-115 — CO Code / Title 12 / Article 130 / Section 12-130-115
12-130-115. Judicial review
Status: in_force

12-130-115. Judicial review. Section 12-20-408 governs judicial review of a final action or order of the board.
C.R.S. § 12-315-208 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-208
12-315-208. Examination of registrants - behavioral health - mental health - physical condit
Status: in_force

12-315-208. Examination of registrants - behavioral health - mental health - physical conditions. (1) (a) (I) [Editor's note: This version of the introductory portion of subsection (1)(a)(I) is effective until January 1, 2026.] If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician is unable to practice as a veterinary technician with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician submit to an examination to evaluate:

(1) (a) (I) [Editor's note: This version of the introductory portion of subsection (1)(a)(I) is effective January 1, 2026.] If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician or veterinary professional associate is unable to practice as a veterinary technician with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician or veterinary professional associate submit to an examination to evaluate:

(A) The existence and extent of the physical condition or the behavioral health, mental health, or substance use disorder; and

(B) [Editor's note: This version of subsection (1)(a)(I)(B) is effective until January 1, 2026.] Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's ability to practice as a veterinary technician with reasonable skill and safety to patients and clients.

(B) [Editor's note: This version of subsection (1)(a)(I)(B) is effective January 1, 2026.] Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's or veterinary professional associate's ability to practice as a veterinary technician with reasonable skill and safety to patients and clients.

(II) A qualified professional employed by or contracting with a veterinary peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.

(b) [Editor's note: This version of subsection (1)(b) is effective until January 1, 2026.] If a veterinary technician fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's registration until the veterinary technician submits to the examination; however, if the veterinary technician demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's control, the board shall not suspend the veterinary technician's registration.

(b) [Editor's note: This version of subsection (1)(b) is effective January 1, 2026.] If a veterinary technician or veterinary professional associate fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's or veterinary professional associate's registration until the veterinary technician or veterinary professional associate submits to the examination; however, if the veterinary technician or veterinary professional associate demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's or veterinary professional associate's control, the board shall not suspend the veterinary technician's or veterinary professional associate's registration.

(2) [Editor's note: This version of the introductory portion of subsection (2) is effective until January 1, 2026.] Every veterinary technician in this state is deemed, by practicing as a veterinary technician or applying for a renewal of the person's registration, to have:

(2) [Editor's note: This version of the introductory portion of subsection (2) is effective January 1, 2026.] Every veterinary technician or veterinary professional associate in this state is deemed, by practicing as a veterinary technician or veterinary professional associate or applying for a renewal of the person's registration, to have:

(a) Given consent to submit to an examination that the board may require under subsection (1)(a) of this section; and

(b) Waived an objection to the admissibility of the examining professional's testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.

(3) (a) A person shall not use the results of an examination ordered under subsection (1)(a) of this section as evidence in any proceeding other than a proceeding before the board.

(b) Except as provided in subsection (3)(a) of this section, any examination results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential, are not public records, and are not available to the public.
C.R.S. § 12-220-301 — CO Code / Title 12 / Article 220 / Part 3 / Section 12-220-301
12-220-301. Persons entitled to practice dentistry, dental therapy, or dental hygiene
Status: in_force

12-220-301. Persons entitled to practice dentistry, dental therapy, or dental hygiene. (1) It is unlawful for any person to practice dentistry, dental therapy, or dental hygiene in this state except those:

(a) Who are duly licensed as dentists, dental therapists, or dental hygienists pursuant to this article 220;

(b) Who are designated by this article 220 as dental assistants, but only to the extent of the procedures authorized by this article 220 and the rules adopted by the board.
C.R.S. § 12-280-410 — CO Code / Title 12 / Article 280 / Part 4 / Section 12-280-410
12-280-410. Repeal of part - review of functions
Status: repealed

12-280-410. Repeal of part - review of functions. (Repealed)
C.R.S. § 12-315-123 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-123
12-315-123. Veterinary peer health assistance program - fees - administration - rules
Status: in_force

12-315-123. Veterinary peer health assistance program - fees - administration - rules. (1) Veterinary peer health assistance program (a) There is created the veterinary peer health assistance program to provide assistance to veterinary professionals needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice under this article 315. The board shall select one or more veterinary peer health assistance program designated providers. To be eligible for designation by the board, a provider must:

(I) Provide for the education of veterinary professionals with respect to the recognition and prevention of physical, emotional, and psychological conditions and provide for intervention when necessary or under circumstances established by the board by rule;

(II) Offer assistance to a veterinary professional in identifying physical, emotional, or psychological conditions;

(III) Evaluate the extent of the physical, emotional, or psychological condition and refer the veterinary professional for appropriate treatment;

(IV) Monitor the status of a veterinary professional referred for treatment;

(V) Provide counseling and support for the veterinary professional and for the family of any veterinary professional referred for treatment;

(VI) Agree to receive referrals from the board; and

(VII) Agree to make its services available to all regulated veterinary professionals in Colorado.

(b) Upon receipt of a signed complaint by a complainant, the board may require a veterinary professional to participate in the veterinary peer health assistance program and to enter into a stipulation with the board pursuant to section 12-20-405 (3) before participating in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals is to be promptly reported to the board and that failure will result in disciplinary action by the board.

(c) Notwithstanding sections 12-315-112, 12-315-207, and 24-4-104, the board may immediately suspend the license or registration of any veterinary professional who is referred to the veterinary peer health assistance program. If the veterinary professional objects to the suspension, the veterinary professional may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the veterinary professional bears the burden of proving that the veterinary professional's license or registration should not be suspended.

(d) Any veterinary professional who is accepted into the veterinary peer health assistance program in lieu of disciplinary action by the board shall affirm that, to the best of the veterinary professional's knowledge, information, and belief, the veterinary professional knows of no instance in which the veterinary professional has violated this article 315 or the rules of the board, except in those instances affected by the veterinary professional's physical, emotional, or psychological condition.

(e) A veterinary professional who is arrested for a drug- or alcohol-related offense shall self-refer to the veterinary peer health assistance program within thirty days after the arrest for an evaluation and referral to appropriate treatment, if necessary. If the veterinary professional self-refers, the evaluation by the veterinary peer health assistance program is confidential and cannot be used as evidence in any proceeding other than a proceeding before the board. A veterinary professional's failure to comply with this subsection (1)(e), alone, is not grounds for discipline under section 12-315-112 or 12-315-207, unless the veterinary professional has also committed an act or omission specified in this article 315.

(f) As a condition of licensure or registration and renewal of a license or registration in this state, every veterinary professional applying for a new license or registration or to renew a license or registration shall pay to the board, for use by the administering entity selected by the board pursuant to subsection (2) of this section, a fee in an amount not to exceed forty dollars per year, which maximum amount may be adjusted on January 1, 2012, and annually thereafter by the board to reflect changes in the United States bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all urban consumers or goods, or its successor index. The board shall forward the fee to the chosen administering entity for use in supporting veterinary professionals through the veterinary peer health assistance program.

(2) Administering entity. (a) The board may select an entity to administer the veterinary peer health assistance program. The administering entity must be a nonprofit private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to veterinary medicine, veterinary medical education, veterinary medical research and science, and other veterinary medical charitable purposes.

(b) The administering entity shall:

(I) Distribute the money collected by the board, less expenses, to the designated providers, as directed by the board;

(II) Provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and

(III) Post a surety performance bond in an amount specified by the board to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.

(c) The board shall collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all the payments to the administering entity. All required annual payments collected or due to the board for each state fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the distribution of payments to the administering entity or expenditure of the payments by the administering entity does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.

(3) Liability limitations. Nothing in this section creates any liability on the board or the state of Colorado for the actions of the board in making grants to the veterinary peer health assistance program, and a civil action shall not be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded veterinary peer health assistance program or the result of an act or omission of a veterinary professional participating in or referred by a state-funded veterinary peer health assistance program. However, the state remains liable under the "Colorado Governmental Immunity Act", article 10 of title 24, if an injury alleged to have been the result of an act or omission of a veterinary professional participating in or referred to a state-funded veterinary peer health assistance program occurred while the veterinary professional was performing duties as an employee of the state.

(4) Rules. The board may promulgate rules necessary to implement this section.
C.R.S. § 12-140-108 — CO Code / Title 12 / Article 140 / Section 12-140-108
12-140-108. Violations and penalties - private civil right of action
Status: in_force

12-140-108. Violations and penalties - private civil right of action. (1) A person who violates this article 140 commits a class 1 misdemeanor.

(2) (a) A person who suffers damages as a result of a violation of section 12-140-105 or 12-140-106 has a private civil right of action to recover damages against any person that violates section 12-140-105 or 12-140-106.

(b) If a court determines that a person subject to this article 140 violated section 12-140-105 or 12-140-106, in addition to all other remedies, the court shall award a statutory penalty of the greater of three thousand five hundred dollars or all compensation received by the nontransplant tissue bank for the distribution of the decedent's human remains.

(c) If a court determines that a violation of section 12-140-105 or 12-140-106 was willful or wanton, the amount of the statutory penalty is tripled.

(d) The court shall award a successful plaintiff under this subsection (2) reasonable costs and attorney fees.

(e) There must be only one civil action per decedent whose human remains were donated. If multiple plaintiffs are joined in the action, the court may allocate the penalty among the plaintiffs as it deems just.
C.R.S. § 12-305-118 — CO Code / Title 12 / Article 305 / Section 12-305-118
12-305-118. Protection of medical records - certificate holder's obligations - verification
Status: in_force

12-305-118. Protection of medical records - certificate holder's obligations - verification of compliance - noncompliance grounds for discipline - rules. (1) Each speech-language pathologist responsible for patient records shall develop a written plan to ensure the security of patient medical records. The plan must address at least the following:

(a) The storage and proper disposal of patient medical records;

(b) The disposition of patient medical records in the event the certificate holder dies, retires, or otherwise ceases to practice or provide speech-language pathology services to patients; and

(c) The method by which patients may access or obtain their medical records promptly if any of the events described in subsection (1)(b) of this section occur.

(2) Upon initial certification under this article 305 and upon renewal of a certification, the applicant or certificate holder shall attest to the director that he or she has developed a plan in compliance with this section.

(3) A certificate holder shall inform each patient in writing of the method by which the patient may access or obtain his or her medical records if an event described in subsection (1)(b) of this section occurs.

(4) A speech-language pathologist who fails to comply with this section is subject to discipline in accordance with section 12-305-113.

(5) The director may adopt rules reasonably necessary to implement this section.
C.R.S. § 12-105-101 — CO Code / Title 12 / Article 105 / Section 12-105-101
12-105-101. Short title
Status: in_force

12-105-101. Short title. The short title of this article 105 is the "Barber and Cosmetologist Act".
C.R.S. § 12-170-111 — CO Code / Title 12 / Article 170 / Section 12-170-111
12-170-111. Fees - cash fund - created
Status: in_force

12-170-111. Fees - cash fund - created. (1) Based upon the appropriation made and subject to the approval of the executive director of the department of regulatory agencies, the director shall establish and adjust fees that the director is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs; except that fees must not exceed the amount necessary to administer this article 170.

(2) The natural medicine facilitator cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of fees credited to the fund pursuant to this article 170 and any other money that the general assembly may appropriate or transfer to the fund.

(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(4) Money in the fund is continuously appropriated to the department for the administration of this article 170.
C.R.S. § 12-10-905 — CO Code / Title 12 / Article 10 / Part 9 / Section 12-10-905
12-10-905. Prohibitions
Status: in_force

12-10-905. Prohibitions. It is unlawful for any lending institution to require the purchase of a home warranty service contract as a condition for granting financing for the purchase of the home.
C.R.S. § 12-120-413 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-413
12-120-413. Qualifications for architect licensure
Status: in_force

12-120-413. Qualifications for architect licensure. (1) The board shall set minimum educational and experience requirements for applicants within the following guidelines:

(a) The board may require:

(I) No more than three years of practical experience under the direct supervision of a licensed architect or an architect exempt under the provisions of section 12-120-403 (4) and either:

(A) A professional degree from a program accredited by the National Architectural Accrediting Board or its successor; or

(B) Substantially equivalent education or experience approved by the board, with the board requiring no more than five years of the education and experience; or

(II) No more than ten years of practical experience under the direct supervision of a licensed architect or an architect exempt under the provisions of section 12-120-403 (4); or

(III) A combination of such practical experience and education, which combination shall not exceed ten years.

(b) Up to one year of the required experience may be in on-site building construction operations, physical analyses of existing buildings, or teaching or research in a program accredited by the National Architectural Accrediting Board or its successor.

(c) Full credit shall be given for education obtained in four-year baccalaureate programs in architecture or environmental design.

(2) (a) An applicant shall pass an examination or examinations developed or adopted by the board. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency.

(b) The examination shall be given at least twice a year. The board shall designate a time and location for examinations and shall notify applicants of this time and location in a timely fashion and, as necessary, may contract for assistance in administering the examination.

(3) An applicant for licensure by endorsement must hold a license in good standing in a jurisdiction that requires qualifications that are substantially equivalent to the requirements for licensure set forth in subsections (1) and (2) of this section. An applicant for licensure by endorsement shall submit an application to the board in a form and manner prescribed by the board. The board may provide an application procedure so that an applicant may apply to a national clearinghouse designated by the board. The national clearinghouse shall then forward the application to the board.
C.R.S. § 12-305-105 — CO Code / Title 12 / Article 305 / Section 12-305-105
12-305-105. Use of titles restricted
Status: in_force

12-305-105. Use of titles restricted. (1) Only a person required to be and who is certified as a speech-language pathologist under this article 305 or licensed by the Colorado department of education to provide speech-language pathology services may advertise as or use the title "speech-language pathologist", "speech pathologist", "speech therapist", "speech correctionist", "speech clinician", "language pathologist", "voice therapist", "voice pathologist", "aphasiologist", or any other generally accepted terms, letters, or figures that indicate that the person is a certified speech-language pathologist.

(2) For a certificate holder who has successfully completed a doctoral degree in communication sciences and disorders as described in section 12-305-107 (1)(a), a certification to practice speech-language pathology issued pursuant to this article 305 entitles the certificate holder to use the title "Doctor" or "Dr." when accompanied by the terms "speech-language pathology" or the letters "S.L.P."
C.R.S. § 12-255-120 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-120
12-255-120. Grounds for discipline - definitions
Status: repealed

12-255-120. Grounds for discipline - definitions. (1) "Grounds for discipline", as used in this part 1, means any action by any person who:

(a) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

(b) (I) Has been convicted of a felony or any crime that would constitute a violation of this part 1.

(II) (A) For purposes of this subsection (1)(b), "convicted" includes entering a plea of guilty or nolo contendere or imposing a deferred sentence.

(B) A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be prima facie evidence of the conviction.

(c) Has acted in a manner inconsistent with the health or safety of persons under his or her care;

(d) Has had a license to practice nursing, practice as a certified midwife, or practice any other health-care occupation suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation is prima facie evidence of the suspension or revocation.

(e) Has violated or has aided or knowingly permitted any person to violate any provision of this part 1 or an applicable provision of article 20 or 30 of this title 12;

(f) Has practiced nursing or as a certified midwife in a manner that fails to meet generally accepted standards for the practice of nursing or as a certified midwife, as applicable;

(g) Has violated any order or rule of the board pertaining to nursing practice, practice as a certified midwife, or licensure;

(h) Has falsified or in a negligent manner made incorrect entries or failed to make essential entries on patient records;

(i) Excessively or habitually uses or abuses or has engaged in excessive or habitual use or abuse of alcohol, a habit-forming drug, a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects; except that the board has the discretion not to discipline the licensee if the licensee is participating in good faith in a program approved by the board designed to end the excessive or habitual use or abuse;

(j) Has failed to:

(I) Notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that affects the person's ability to practice nursing or as a certified midwife with reasonable skill and safety to patients or that may endanger the health or safety of individuals under the person's care;

(II) Act within the limitations created by a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that renders the person unable to practice nursing or as a certified midwife with reasonable skill and safety to patients or that may endanger the health or safety of individuals under the person's care; or

(III) Comply with the limitations agreed to under a confidential agreement entered into pursuant to section 12-30-108;

(k) Has violated the confidentiality of information or knowledge as prescribed by law concerning any patient;

(l) Has engaged in any conduct that would constitute a crime as defined in title 18 and that relates to the person's employment as a practical or professional nurse or as a certified midwife. In conjunction with any disciplinary proceeding pertaining to this subsection (1)(l), the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(m) (I) Has violated abuse of health insurance pursuant to section 18-13-119; or

(II) Has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the licensee will perform any act prohibited by section 18-13-119 (3);

(n) Has engaged in any of the following activities and practices:

(I) Willful and repeated ordering or performance, without clinical justification, of demonstrably unnecessary laboratory tests or studies;

(II) The administration, without clinical justification, of treatment that is demonstrably unnecessary;

(III) The failure to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession; or

(IV) Ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of nursing or as a certified midwife as interpreted by the board;

(o) Has committed a fraudulent insurance act, as defined in section 10-1-128;

(p) Has prescribed, distributed, or given to himself or herself or a family member any controlled substance as defined in part 2 of article 18 of title 18 or as contained in schedule II of 21 U.S.C. sec. 812, except for medical marijuana lawfully recommended and obtained pursuant to the laws of the state of Colorado;

(q) Has dispensed, injected, or prescribed an anabolic steroid, as defined in section 18-18-102 (3), for the purpose of hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so or for the intended purpose of improving performance in any form of exercise, sport, or game;

(r) Has dispensed or injected an anabolic steroid, as defined in section 18-18-102 (3), unless the anabolic steroid is dispensed from a pharmacy pursuant to a written prescription or is dispensed by any person licensed to practice medicine in the course of the person's professional practice;

(s) Has administered, dispensed, or prescribed any habit-forming drug or any controlled substance, as defined in section 18-18-102 (5), other than in the course of legitimate professional practice, which includes the recommendation, administration, or dispensation of medical marijuana;

(t) Has been disciplined by another state, territory, or country based upon an act or omission that is defined substantially the same as a ground for discipline pursuant to this subsection (1);

(u) Willfully fails to respond in a materially factual and timely manner to a complaint issued pursuant to section 12-255-119 (3);

(v) Has failed to accurately complete and submit to the board the designated questionnaire upon renewal of a license pursuant to section 12-255-110 (3), 12-255-111.5 (4), 12-255-114 (3), or 12-255-115 (7);

(w) (I) Represents oneself to an individual or to the general public by use of any word or abbreviation to indicate or induce others to believe that he or she is a licensed practical or professional nurse unless the person is actually licensed as a practical nurse or professional nurse, respectively;

(II) Uses the title "nurse", "registered nurse", "R.N.", "practical nurse", "trained practical nurse", "licensed vocational nurse", "licensed practical nurse", or "L.P.N." unless the person is licensed by the board as a professional or practical nurse, as applicable;

(III) Represents oneself to an individual or to the general public by use of any word or abbreviation to indicate or induce others to believe that the person is a certified midwife unless the person is actually licensed as a certified midwife; or

(IV) Uses the title "certified midwife" or the abbreviation "C.M." unless the person is licensed by the board as a certified midwife;

(x) Practices as a practical or professional nurse or as a certified midwife during a period when the person's license has been suspended, revoked, or placed on inactive status pursuant to section 12-255-122;

(y) Sells or fraudulently obtains or furnishes a license to practice as a nurse or certified midwife or aids or abets in such act;

(z) Has failed to report to the board, within thirty days after a final conviction, that the person has been convicted of a crime, as defined in title 18;

(aa) Fails to maintain professional liability insurance in accordance with section 12-255-113;

(bb) Repealed.

(cc) Engaged in a sexual act with a patient during the course of patient care or within six months immediately following the termination of the person's professional relationship with the patient. As used in this subsection (1)(cc), "sexual act" means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.

(dd) Has failed to notify the board, in writing and within thirty days after a judgment or settlement is entered, of a final judgment by a court of competent jurisdiction against the licensee for malpractice of nursing or as a certified midwife or a settlement by the licensee in response to charges or allegations of malpractice of nursing or as a certified midwife and, in the case of a judgment, has failed to include in the notice the name of the court, the case number, and the names of all parties to the action;

(ee) Fails to report to the board, within thirty days after an adverse action, that an adverse action has been taken against the person by another licensing agency in another state or jurisdiction; a peer review body; a health-care institution; a professional, nursing, or certified midwife society or association; a governmental agency; a law enforcement agency; or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 255;

(ff) Fails to report to the board, within thirty days, the surrender of a license or other authorization to practice nursing or as a certified midwife in another state or jurisdiction or the surrender of membership on any nursing or certified midwife staff or in any nursing, certified midwife, or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 255;

(gg) Is diverting or has diverted a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects from the person's place of employment; or

(hh) Has been convicted of an offense under section 18-13-131. For purposes of this subsection (1)(hh), "convicted" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence.
C.R.S. § 12-130-113 — CO Code / Title 12 / Article 130 / Section 12-130-113
12-130-113. Disciplinary actions by board - procedures
Status: in_force

12-130-113. Disciplinary actions by board - procedures. (1) The board may take disciplinary or other action as authorized in section 12-20-404, may place conditions or limitations on a license, or may impose a censure if, after notice and hearing, the board determines that a licensee has committed any of the acts specified in section 12-130-112.

(2) The board may issue and send to a licensee, by certified mail, a written letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4).

(3) The board may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). The confidential letter of concern and notice of the issuance of the letter shall be sent to the licensee by certified mail. Issuance of a confidential letter of concern shall not be construed to be discipline.

(4) If the board determines that a person licensed to practice landscape architecture pursuant to this article 130 is subject to disciplinary action under this section, the board may, in lieu of or in addition to other discipline, require a licensee to take courses of professional training or education. The board shall determine the educational conditions to be imposed on the licensee, including, but not limited to, the type and number of hours of training or education. All training or education courses are subject to approval by the board, and the licensee shall furnish proof of satisfactory completion of the training or education.

(5) Any disciplinary action taken by the board shall be in accordance with the provisions of section 12-20-403 and article 4 of title 24.

(6) In addition to the penalties provided for in this section, and in lieu of revoking a license upon a finding of misconduct by the board, a person who violates this article 130 or rules promulgated pursuant to section 12-20-204 or this article 130 may be punished by a fine not to exceed five thousand dollars.

(7) On its own motion or upon application after the imposition of discipline, the board may reconsider its prior action and reinstate a license, terminate suspension or probation, or reduce the severity of its prior disciplinary action.
C.R.S. § 12-145-108 — CO Code / Title 12 / Article 145 / Section 12-145-108
12-145-108. Issuance of registration - violations
Status: in_force

12-145-108. Issuance of registration - violations. (1) Except as otherwise provided in this article 145, the director shall issue an initial or renewed registration as an outfitter to an individual who pays the required fee and furnishes evidence satisfactory to the director that the individual:

(a) Is eighteen years of age or older;

(b) Holds a valid first aid card or first aid instructor's card issued by the American Red Cross or evidence of equivalent training;

(c) Possesses minimum liability insurance coverage in the amount of fifty thousand dollars for bodily injury to one individual in a single accident and one hundred thousand dollars for bodily injury to all individuals in a single accident;

(d) Has submitted to the director a surety bond in the minimum sum of ten thousand dollars, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond must be conditioned upon compliance with this article 145 and with the rules promulgated under this article 145.

(e) Has, or will have before providing outfitting services, all the required permits or written permission on the land where the outfitter provides outfitting services.

(2) An individual or entity may register as an outfitter. An application for registration of an entity shall include the names of all officers, directors, members, partners, owners of at least ten percent of the entity, and other persons who have managing or controlling authority in the entity. The entity shall designate on the application for outfitter registration one of its officers, directors, members, partners, or other controlling or managing individuals to be the responsible party and agent for the entity for all communications with the division. If the entity changes its responsible party and agent, it shall notify the division within ten working days after the name change and provide contact information for the new responsible party and agent. If the responsible party and agent does not provide guide services, he or she shall not be required to comply with subsection (1)(b) of this section.

(3) (a) Registrations issued pursuant to this article 145 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(b) A person whose registration has expired and who offers or provides outfitter services is subject to the penalties provided in this article 145 or section 12-20-202 (1).
C.R.S. § 12-280-127 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-127
12-280-127. Disciplinary actions
Status: in_force

12-280-127. Disciplinary actions. (1) (a) The board may take disciplinary or other action as authorized in section 12-20-404 when the board determines that the applicant, licensee, certificant, or registrant has engaged in activities that are grounds for discipline under section 12-280-126.

(b) The board may suspend or revoke a registration issued pursuant to section 12-280-119 (12) upon determination that the person administering a drug or combination of drugs to an animal has not demonstrated adequate knowledge required by sections 12-280-119 (12) and 12-280-120 (17).

(2) (a) Proceedings for the denial, suspension, or revocation of a license, certification, or registration and any judicial review of a suspension or revocation must be conducted in accordance with article 4 of title 24 and sections 12-20-403 and 12-20-408.

(b) Upon finding that grounds for discipline pursuant to section 12-280-126 exist, in addition to the disciplinary actions specified in section 12-20-404 (1), the board may impose one or more of the following penalties on a person who holds or is seeking a new or renewal license, certification, or registration:

(I) Restriction of the offender's license, certification, or registration to prohibit the offender from performing certain acts or from practicing pharmacy or as a pharmacy technician in a particular manner for a period to be determined by the board;

(II) Placement of the offender on probation and supervision by the board for a period to be determined by the board; or

(III) Suspension of the registration of the outlet that is owned by or employs the offender for a period to be determined by the board.

(c) The board may limit revocation or suspension of a registration to the particular controlled substance that was the basis for revocation or suspension.

(d) If the board suspends or revokes a registration, the board may place all controlled substances owned or possessed by the registrant at the time of the suspension or on the effective date of the revocation order under seal. The board may not dispose of substances under seal until the time for making an appeal has elapsed or until all appeals have been concluded, unless a court orders otherwise or orders the sale of any perishable controlled substances and the deposit of the proceeds with the court. When a revocation becomes final, all controlled substances may be forfeited to the state.

(e) The board shall promptly notify the bureau and the appropriate professional licensing agency, if any, of all charges and the final disposition of the charges and of all forfeitures of a controlled substance.

(3) The board may also include in any disciplinary order that allows the licensee, certificant, or registrant to continue to practice conditions that the board deems appropriate to assure that the licensee, certificant, or registrant is physically, mentally, morally, and otherwise qualified to practice pharmacy or as a pharmacy technician in accordance with the generally accepted professional standards of practice, including any or all of the following:

(a) Requiring the licensee, certificant, or registrant to submit to examinations that the board may order to determine the licensee's or certificant's physical or mental condition or professional qualifications;

(b) Requiring the licensee or certificant to take therapy courses of training or education that the board deems necessary to correct deficiencies found either in the hearing or by examinations required pursuant to subsection (3)(a) of this section;

(c) Requiring the review or supervision of the licensee's or certificant's practice to determine the quality of and correct deficiencies in the licensee's or certificant's practice; and

(d) Imposing restrictions upon the nature of the licensee's or certificant's practice to assure that the licensee or certificant does not practice beyond the limits of the licensee's or certificant's capabilities.

(4) Upon failure of the licensee, certificant, or registrant to comply with any conditions imposed by the board pursuant to subsection (3) of this section, unless due to conditions beyond the licensee's, certificant's, or registrant's control, the board may order suspension of the license, certification, or registration in this state until the licensee, certificant, or registrant complies with the conditions.

(5) (a) Except as provided in subsections (5)(b) and (5)(c) of this section, in addition to any other penalty the board may impose pursuant to this section, the board may fine any registrant violating this article 280 or any rules promulgated pursuant to this article 280 not less than five hundred dollars and not more than five thousand dollars for each violation.

(b) In addition to any other penalty the board may impose pursuant to this section, the board may fine a registrant violating part 4 of this article 280 not less than five hundred dollars and not more than one thousand dollars for the first time the board imposes a fine, not more than two thousand dollars for the second time the board imposes a fine, and not more than five thousand dollars for a third or subsequent time the board imposes a fine. If a registrant violates an agreement to refrain from committing subsequent violations of part 4 of this article 280, the board may impose a fine of not more than one thousand dollars for each violation of the agreement.

(c) (I) The board, after providing notice and an opportunity to be heard, may fine a registrant who distributes a veterinary drug in violation of this article 280 not less than fifty dollars nor more than five hundred dollars for each violation, with a maximum aggregated fine of five thousand dollars for multiple violations; except that, if, after considering the recommendations of the advisory committee created in section 12-280-106, the board determines that the registrant has committed one or more egregious violations, the board may fine the registrant in accordance with subsection (5)(a) of this section.

(II) In setting a fine, the board shall consider the registrant's ability to pay. If the board determines that paying the fine would cause the registrant an undue hardship, the board shall waive the fine.

(6) The board may send a letter of admonition to a licensee, certificant, or registrant under the circumstances specified in and in accordance with section 12-20-404 (4). In the case of a complaint, the board may send a copy of the letter of admonition to the person making the complaint.

(7) (a) The board may send a confidential letter of concern to a licensee, certificant, or registrant under the circumstances specified in section 12-20-404 (5). If a complaint precipitated the investigation, the board shall send a response to the person making the complaint.

(b) A confidential letter of concern is not discipline.

(8) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
C.R.S. § 12-105-125.5 — CO Code / Title 12 / Article 105 / Section 12-105-125.5
12-105-125.5. Interstate compact for cosmetologists - powers and duties - rules - definitions
Status: in_force

12-105-125.5. Interstate compact for cosmetologists - powers and duties - rules - definitions. (1) As used in this section:

(a) "Adverse action" has the meaning set forth in article 2 of section 24-60-4901.

(b) "Background check" has the meaning set forth in article 2 of section 24-60-4901.

(c) "Commission" means the cosmetology licensure compact commission established in article 9 of section 24-60-4901.

(d) "Compact" means the cosmetology licensure compact authorized in part 49 of article 60 of title 24.

(e) "Current significant investigative information" has the meaning set forth in article 2 of section 24-60-4901.

(f) "Data system" has the meaning set forth in article 2 of section 24-60-4901.

(g) "Investigative information" has the meaning set forth in article 2 of section 24-60-4901.

(h) "Member state" means a state that has enacted the compact.

(i) "Multistate license" has the meaning set forth in article 2 of section 24-60-4901.

(2) In addition to any powers and duties specified in the compact for member states, the director has the following powers and duties with regard to the compact:

(a) To facilitate Colorado's participation in the compact;

(b) To comply with the rules of the commission;

(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;

(d) To serve, or to designate another individual to serve, as a delegate on and attend meetings of the commission in accordance with the terms of the compact;

(e) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of investigative information, including current significant investigative information, regarding a licensee;

(f) To implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history, disciplinary history, or background check;

(g) To grant a multistate license to a licensee in accordance with the terms of the compact and to charge a fee to individuals applying for the multistate license;

(h) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and

(i) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
C.R.S. § 12-10-620 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-620
12-10-620. Duties of board under federal law
Status: in_force

12-10-620. Duties of board under federal law. (1) The board shall:

(a) Transmit to the appraisal subcommittee of the federal financial institutions examination council or its successor entity, no less than annually, a roster listing individuals and appraisal management companies that have received a certificate or license as provided in this part 6;

(b) Collect and transmit, on an annual basis, to the federal financial institutions examination council an annual registry fee, as prescribed by the appraisal subcommittee of the federal financial institutions examination council or its successor entity, from the following individuals and entities:

(I) Individuals and appraisal management companies that are licensed or certified pursuant to this part 6; and

(II) Appraisal management companies that operate as subsidiaries of federally regulated financial institutions; and

(c) Conduct its business and promulgate rules in a manner consistent with Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, Pub.L. 101-73.

(2) The board shall not collect or transmit the information required by this section for licensed ad valorem appraisers.
C.R.S. § 12-20-103 — CO Code / Title 12 / Article 20 / Part 1 / Section 12-20-103
12-20-103. Division of professions and occupations - creation - duties of division and depa
Status: repealed

12-20-103. Division of professions and occupations - creation - duties of division and department head - office space - per diem for board or commission members - review of functions. (1) Division created. (a) There is created a division of professions and occupations in the department of regulatory agencies, the head of which is the director of professions and occupations. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105. The executive director of the department shall appoint the director in accordance with section 13 of article XII of the state constitution. Except as provided in subsection (1)(b) of this section, the director shall appoint other personnel as necessary for the efficient operation of the division.

(b) Subject to available appropriations, the director shall give good-faith consideration to the recommendations of any type 1 board or commission relating to the employment of the primary administrator to assist the board or commission, whether the person is designated as an executive secretary, a program administrator, or another title or position.

(2) Supervision and support. The division has supervision and control of the type 2 entities within the division pursuant to the "Administrative Organization Act of 1968", article 1 of title 24. For type 1 entities, the division shall provide necessary management support.

(3) Approval of rules. The supervision and control of, and the management support for, boards, commissions, and programs by the department of regulatory agencies and the division also includes the approval or disapproval of rules of the boards, commissions, and director relating to the examination and licensure, certification, or registration of applicants to ensure that the rules are fair and impartial.

(4) Staff. Subject to subsection (1) of this section, each board, commission, or program may employ and pay out of money appropriated to it by the general assembly only that number of employees and subordinate officers as are certified by it and approved by the executive director of the department of regulatory agencies to be necessary. All salaries to be paid to the employees and subordinate officers shall be within the appropriation made therefor by the general assembly.

(5) Office space. (a) Each board, commission, and program shall be provided with suitable offices in the capitol buildings group if space is available in any of the buildings and, if not, then in a suitable office building in the city and county of Denver selected by the executive director of the department of personnel. It is lawful and proper for two or more of the boards, commissions, or programs to be assigned space in the same office room or suite, if the grouping or joint occupancy, in the opinion of the executive director of the department of regulatory agencies, will not unreasonably interfere with the efficient operation of the boards, commissions, or programs so grouped or joined.

(b) Each board, commission, or program to which office space is provided shall pay into the general fund of the state, out of the money the general assembly appropriates to the division for use by the board, commission, or program, a monthly or annual charge for rental, heat, light, telephone, collection, legal, and other state services made available to the board, commission, or program. The executive director of the department of personnel, with the approval of the executive director of the department of regulatory agencies, may fix the amount of the charges, which must not be more than twenty-five percent of the money appropriated by the general assembly to the division for use by a board, commission, or program.

(6) Per diem. Notwithstanding any law to the contrary, each member of a board or commission is entitled to receive a per diem allowance of fifty dollars for each day spent in attendance at board or commission meetings, hearings, or examinations and to be reimbursed for actual and necessary expenses incurred in the discharge of the member's official duties. The per diem compensation for board or commission members must not exceed that sum in any fiscal year that the state personnel board approves for employees not under the state personnel system. The general assembly shall annually appropriate money from the division of professions and occupations cash fund, created in section 12-20-105 (3), for the payment of per diem compensation and expenses. A state employee shall not receive per diem compensation for services performed during normal working hours, when on paid administrative leave, or when otherwise prohibited by fiscal rules adopted by the state controller.

(7) Periodic evaluation of division functions. The department of regulatory agencies shall analyze and evaluate the division and its functions as set forth in this title 12. The department shall conduct the analysis and evaluation in accordance with section 24-34-104 (5) and shall submit its report and recommendations for legislation, if any, in accordance with that section. The department shall initially analyze and evaluate the division and submit its report by October 15, 2015, and shall analyze and evaluate the division every ten years thereafter. This section does not require the repeal of the division or its functions as specified in this title 12.

(8) Repealed.
C.R.S. § 12-135-510 — CO Code / Title 12 / Article 135 / Part 5 / Section 12-135-510
12-135-510. Repeal of part - subject to review
Status: repealed

12-135-510. Repeal of part - subject to review. This part 5 and parts 6 to 9 of this article 135 are repealed, effective September 1, 2031. Before the repeal, this part 5 and parts 6 to 9 of this article 135 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-225-107 — CO Code / Title 12 / Article 225 / Section 12-225-107
12-225-107. Limited use of certain medications - limited use of sutures - limited administra
Status: in_force

12-225-107. Limited use of certain medications - limited use of sutures - limited administration of intravenous fluids - emergency medical procedures - rules. (1) A registrant may obtain prescription medications to treat conditions specified in this section from a registered prescription drug outlet, registered manufacturer, or registered wholesaler. An entity that provides a prescription medication to a registrant in accordance with this section, and who relies in good faith upon the registration information provided by the registrant, is not subject to liability for providing the medication.

(2) Except as otherwise provided in subsection (3) of this section, a registrant may obtain and administer:

(a) Vitamin K to newborns by intramuscular injection;

(b) Rho(D) immune globulin to Rh-negative mothers by intramuscular injection;

(c) Postpartum antihemorrhagic drugs to mothers;

(d) Eye prophylaxis;

(e) Local anesthetics, as specified by the director by rule, to use in accordance with subsection (6) of this section; and

(f) Group B streptococcus (GBS) prophylaxis, subject to the limitations in subsection (7) of this section.

(3) (a) If a client refuses a medication listed in subsection (2)(a) or (2)(b) of this section, the registrant shall provide the client with an informed consent form containing a detailed statement of the benefits of the medication and the risks of refusal, and shall retain a copy of the form acknowledged and signed by the client.

(b) If a client experiences uncontrollable postpartum hemorrhage and refuses treatment with antihemorrhagic drugs, the registrant shall immediately initiate the transportation of the client in accordance with the emergency plan.

(4) A registrant shall, as part of the emergency medical plan required by section 12-225-106 (6), inform the client that:

(a) If she experiences uncontrollable postpartum hemorrhage, the registrant is required by Colorado law to initiate emergency medical treatment, which may include the administration of an antihemorrhagic drug by the registrant to mitigate the postpartum hemorrhaging while initiating the immediate transportation of the client in accordance with the emergency plan.

(b) If she experiences postpartum hemorrhage, the registrant is prepared and equipped to administer intravenous fluids to restore volume lost due to excessive bleeding.

(5) The director shall promulgate rules to implement this section. In promulgating the rules, the director shall seek the advice of knowledgeable medical professionals to set standards for education, training, and administration that reflect current generally accepted professional standards for the safe and effective use of the medications, methods of administration, and procedures described in this section, including a requirement that, to administer intravenous fluids, the registrant complete an intravenous therapy course or program approved by the director. The director shall establish a preferred drug list that displays the medications that a registrant can obtain.

(6) (a) Subject to subsection (6)(b) of this section, a registrant may perform sutures of first-degree and second-degree perineal tears, as defined by the director by rule, on a client and may administer local anesthetics to the client in connection with suturing perineal tears.

(b) In order to perform sutures of first-degree and second-degree perineal tears, the registrant shall apply to the director, in the form and manner required by the director, and pay any application fee the director may impose, for an authorization to perform sutures of first-degree and second-degree perineal tears. As part of the application, the registrant shall demonstrate to the director that the registrant has received education and training approved by the director on suturing of perineal tears within the year immediately preceding the date of the application or within such other time the director, by rule, determines to be appropriate. The director may grant the authorization to the registrant only if the registrant has complied with the education and training requirement specified in this subsection (6)(b).

(7) A registered direct-entry midwife who was initially registered prior to January 1, 2000, must apply to the director and pay any applicable fees before obtaining or administering group B streptococcus (GBS) prophylaxis as part of the registrant's practice of direct-entry midwifery. The director shall verify the qualifications of a registrant applying pursuant to this subsection (7) before granting the registrant the authority to obtain and administer group B streptococcus (GBS) prophylaxis.

(8) A registrant who is granted authority to act pursuant to this section is not required to apply for renewal of the authority or pay any renewal fees pertaining to the authority granted in this section.
C.R.S. § 12-310-103 — CO Code / Title 12 / Article 310 / Section 12-310-103
12-310-103. Registration - penalty - renewal - database - fees - rules
Status: in_force

12-310-103. Registration - penalty - renewal - database - fees - rules. (1) On and after April 1, 2011:

(a) A person may not perform the duties of a surgical assistant or surgical technologist unless the person is registered by the director. Prior to registration, a person shall submit to a criminal history record check in the form and manner as described in section 12-310-107.

(b) A person who performs the duties of a surgical assistant or surgical technologist without being registered under this article 310 is subject to penalties pursuant to section 12-20-407 (1)(b).

(2) Registrations made pursuant to this article 310 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). The director shall not reinstate the registration until the person submits to a criminal history record check in the form and manner as described in section 12-310-107.

(3) (a) The director shall maintain a database of all registrants. The director shall charge a fee in the same manner as authorized in section 12-20-105 for registration in the database.

(b) Each registrant shall provide for registration in the database: The registrant's name; current address; educational and training qualifications; all current employers; employers within the previous five years; the jurisdictions other than Colorado in which the registrant is or has been licensed, certified, or registered, if applicable; whether the registrant is currently certified by a nationally accredited certifying organization and, if so, which one; and any civil, criminal, or administrative action relating to performing the duties of a surgical assistant or surgical technologist of which the registrant was the subject in this or any other jurisdiction. Registrants shall update their information in the database within thirty days after any change and give the director written notice of any civil, criminal, or administrative actions. When recording the information required by this section, each registrant shall indicate whether the registrant has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor relating to drugs or alcohol or to any felony.

(c) Information in the database shall be open to the public.

(4) The director shall promulgate rules pursuant to section 12-20-204.
C.R.S. § 12-210-107 — CO Code / Title 12 / Article 210 / Part 1 / Section 12-210-107
12-210-107. Licensure by endorsement
Status: in_force

12-210-107. Licensure by endorsement. The director shall issue a license by endorsement to engage in the practice of audiology in this state to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-255-203 — CO Code / Title 12 / Article 255 / Part 2 / Section 12-255-203
12-255-203. Application for certification by competency evaluation
Status: in_force

12-255-203. Application for certification by competency evaluation. (1) Every applicant for certification by competency evaluation shall pay the required application fee and shall submit written evidence that the applicant:

(a) Has not committed any act or omission that would be grounds for discipline or denial of certification under this article 255; and

(b) Has successfully completed an approved education program.
C.R.S. § 12-255-111 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-111
12-255-111. Requirements for advanced practice registered nurse registration - legislative d
Status: in_force

12-255-111. Requirements for advanced practice registered nurse registration - legislative declaration - advanced practice registry - rules. (1) The general assembly hereby recognizes that some registered professional nurses practicing pursuant to this part 1 have acquired additional preparation for advanced nursing practice and hereby determines that it is appropriate for the state to maintain a registry of those individuals. The registry shall be known as the "advanced practice registry".

(2) The board shall establish the advanced practice registry and shall require that a registered professional nurse applying for registration on the advanced practice registry identify the nurse's role and population focus. The board shall establish reasonable criteria for designation of specific role and population foci based on currently accepted professional standards. A registered professional nurse who is included in the advanced practice registry has the right to use the title "advanced practice registered nurse" or, if authorized by the board, to use the title "certified nurse midwife", "clinical nurse specialist", "certified registered nurse anesthetist", or "nurse practitioner". These titles may be abbreviated as "A.P.R.N.", "C.N.M.", "C.N.S.", "C.R.N.A.", or "N.P.", respectively. It is unlawful for any person to use any of the titles or abbreviations listed in this subsection (2) unless included in the registry and authorized by the board to do so.

(3) (a) On and after July 1, 2008, the requirements for inclusion in the advanced practice registry shall include the successful completion of an appropriate graduate degree as determined by the board; except that individuals who are included in the registry as of June 30, 2008, but have not successfully completed that degree, may thereafter continue to be included in the registry and to use the appropriate title and abbreviation.

(b) On and after July 1, 2010, in addition to the requirements of subsection (3)(a) of this section, a registered professional nurse shall obtain national certification from a nationally recognized accrediting agency, as defined by the board by rule, in the appropriate role and population focus in order to be included in the advanced practice registry; except that registered professional nurses who are included in the registry as of June 30, 2010, but have not obtained the national certification, may thereafter continue to be included in the registry and to use the appropriate title and abbreviation.

(c) A registered professional nurse may be included in the advanced practice registry by endorsement if the registered professional nurse meets the requirements of the occupational credential portability program.

(4) A nurse who meets the definition of advanced practice registered nurse and the requirements of section 12-255-112 may be granted prescriptive authority as a function in addition to those defined in section 12-255-104 (10).

(5) An advanced practice registered nurse shall practice in accordance with the standards of the appropriate national professional nursing organization and have a safe mechanism for consultation or collaboration with a physician or, when appropriate, referral to a physician. Advanced practice registered nursing also includes, when appropriate, referral to other health-care providers.

(6) (a) In order to enhance the cost efficiency and continuity of care, an advanced practice registered nurse may, within the nurse's scope of practice and within the advanced practice registered nurse-patient relationship, sign an affidavit, certification, or similar document that:

(I) Documents a patient's current health status;

(II) Authorizes continuing treatment, tests, services, or equipment; or

(III) Gives advance directives for end-of-life care.

(b) The affidavit, certification, or similar document may not:

(I) Be the prescription of medication unless the advanced practice registered nurse has been granted prescriptive authority pursuant to section 12-255-112; or

(II) Be in conflict with other requirements of law.
C.R.S. § 12-245-232 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-232
12-245-232. Minimum standards for testing
Status: in_force

12-245-232. Minimum standards for testing. (1) Every person licensed, registered, or certified under this article 245 must meet the minimum professional preparation standards set forth in this section to engage in the administration, scoring, or interpretation of the following levels of psychometric or electrodiagnostic testing:

(a) General use. There is no educational or experience minimum necessary for a licensee, registrant, or certificate holder to administer standardized personnel selection, achievement, general aptitude, or proficiency tests.

(b) Technical use. A master's degree in anthropology, psychology, counseling, marriage and family therapy, social work, or sociology from a regionally accredited university or college certified by the accrediting agency or body to award graduate degrees and completion of at least one graduate level course each in statistics, psychometric measurement, theories of personality, individual and group test administration and interpretation, and psychopathology is required in order to administer, score, or interpret tests that require technical knowledge of test construction and use or require the application of scientific and psychophysiological knowledge. The tests include, but are not limited to, tests of general intelligence, special aptitudes, temperament, values, interests, and personality inventories.

(c) Advanced use. A licensee, registrant, or certificate holder must meet all the requirements of subsection (1)(b) of this section and, in addition, completion, at a regionally accredited university or college certified by the accrediting agency or body to award graduate degrees, of at least one graduate-level course in six of the following areas: Cognition, emotion, attention, sensory-perceptual function, psychopathology, learning, encephalopathy, neuropsychology, psychophysiology, personality, growth and development, projective testing, and neuropsychological testing and completion of one year of experience in advanced use practice under the supervision of a person fully qualified under this subsection (1)(c) in order to practice projective testing, neuropsychological testing, or use of a battery of three or more tests to:

(I) Determine the presence, nature, causation, or extent of psychosis, dementia diseases and related disabilities, amnesia, cognitive impairment, influence of deficits on competence, and ability to function adaptively;

(II) Determine the etiology or causative factors contributing to psychological dysfunction, criminal behavior, vocational disability, neurocognitive dysfunction, or competence; or

(III) Predict the psychological responses to specific medical, surgical, and behavioral interventions.

(2) The board licensing, registering, or certifying any person violating this section may bring disciplinary proceedings or injunctive proceedings against the person pursuant to section 12-245-226 or 12-245-230.

(3) The testing required pursuant to this section may be administered by a qualified psychometrician or student trainee working under the direct supervision of a licensee who meets the requirements in this section.
C.R.S. § 12-315-206 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-206
12-315-206. Expiration, renewal, reinstatement, or reactivation of a registration - inactive
Status: in_force

12-315-206. Expiration, renewal, reinstatement, or reactivation of a registration - inactive status - rules - definition. [Editor's note: This version of this section is effective until January 1, 2026.]

(1) A registration issued pursuant to this part 2 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose registration expires is subject to the penalties provided in this part 2 or section 12-20-202 (1).

(2) The board, by rule, may waive a veterinary technician's renewal fee while the veterinary technician is on active duty with any branch of the armed services of the United States. The period during which the renewal fee is waived cannot exceed the longer of three years or the duration of a national emergency.

(3) (a) The board shall not renew, reinstate, or reactivate a registration issued pursuant to section 12-315-203 (3) unless the veterinary technician demonstrates to the board's satisfaction that the veterinary technician maintains active credentialing with the credentialing organization. Subject to board rule, the evidence may be provided by an attestation on the registration application.

(b) The board shall not renew a veterinary technician's designation as a specialist obtained pursuant to section 12-315-203 (4.5) unless the veterinary technician specialist demonstrates to the board's satisfaction that the veterinary technician specialist has satisfied the continuing education requirements of the credentialing organization that are necessary to maintain an active designation or certification as a veterinary technician specialist.

(4) (a) Upon notice to the board, the board shall transfer a veterinary technician's registration to inactive status. If a person whose registration is in inactive status wishes to resume practicing as a veterinary technician, the person shall apply to the board in a form and manner approved by the board and shall demonstrate, to the satisfaction of the board, that the person has obtained and maintains credentialing in good standing by the credentialing organization.

(b) The board may pursue disciplinary proceedings pursuant to section 12-315-207 against a veterinary technician whose registration is inactive pursuant to this subsection (4) for conduct that violates this part 2 that the person engages in while the registration is in inactive status.12-315-206. Expiration, renewal, reinstatement, or reactivation of a registration - inactive status - rules - definition. [Editor's note: This version of this section is effective January 1, 2026.]

(1) A registration issued pursuant to this part 2 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose registration expires is subject to the penalties provided in this part 2 or section 12-20-202 (1).

(2) The board, by rule, may waive a veterinary technician's or veterinary professional associate's renewal fee while the veterinary technician or veterinary professional associate is on active duty with any branch of the armed services of the United States. The period during which the renewal fee is waived cannot exceed the longer of three years or the duration of a national emergency.

(3) (a) The board shall not renew, reinstate, or reactivate a registration issued pursuant to this part 2 unless the veterinary technician or veterinary professional associate demonstrates to the board's satisfaction that the veterinary technician or veterinary professional associate maintains active credentialing with the credentialing organization or the veterinary professional associate continues to meet the requirements for registration under this part 2. Subject to board rule, the evidence may be provided by an attestation on the registration application.

(b) The board shall not renew a veterinary technician's designation as a specialist obtained pursuant to section 12-315-203 (4.5) unless the veterinary technician specialist demonstrates to the board's satisfaction that the veterinary technician specialist has satisfied the continuing education requirements of the credentialing organization that are necessary to maintain an active designation or certification as a veterinary technician specialist.

(4) (a) Upon notice to the board, the board shall transfer a veterinary technician's or veterinary professional associate's registration to inactive status. If a person whose registration is in inactive status wishes to resume practicing as a veterinary technician or veterinary professional associate, the person shall apply to the board in a form and manner approved by the board and shall demonstrate, to the satisfaction of the board, that the person has obtained and maintains credentialing in good standing by the credentialing organization or the person continues to meet the requirements for registration under this part 2.

(b) The board may pursue disciplinary proceedings pursuant to section 12-315-207 against a veterinary technician or veterinary professional associate whose registration is inactive pursuant to this subsection (4) for conduct that violates this part 2 that the person engages in while the registration is in inactive status.
C.R.S. § 12-275-112 — CO Code / Title 12 / Article 275 / Section 12-275-112
12-275-112. Examination - licenses
Status: in_force

12-275-112. Examination - licenses. (1) The applicant shall take and submit test scores from the board-approved exam. The examination shall be of such a character as to test the qualifications of the applicant to practice optometry.

(2) Each person who makes a passing grade on the practical and clinical examination and who is otherwise qualified shall be granted a license signed by the board. The license provided for in this section shall be in such form and wording as may be adopted by the board. The optometrist shall display the license for viewing by patients, as provided in section 12-275-117. An application for initial licensure as an optometrist shall be accompanied by a processing fee in an amount to be determined by the board pursuant to section 12-20-105.

(3) Any person denied a license under this article 275 and believing himself or herself aggrieved thereby may pursue the remedy for review as provided under article 4 of title 24 if the action is instituted within a period of sixty days after the date of denial.

(4) A person who fails to pass the examination provided for in this section may retake the examination the next time the examination is given.
C.R.S. § 12-255-113 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-113
12-255-113. Professional liability insurance required - advanced practice registered nurses
Status: in_force

12-255-113. Professional liability insurance required - advanced practice registered nurses and certified midwives in independent practice - rules. (1) It is unlawful for any advanced practice registered nurse or certified midwife engaged in an independent practice of professional nursing or as a certified midwife to practice within the state of Colorado unless the advanced practice registered nurse or certified midwife purchases and maintains or is covered by professional liability insurance in an amount not less than five hundred thousand dollars per claim with an aggregate liability for all claims during the year of one million five hundred thousand dollars.

(2) Professional liability insurance required by this section must cover all acts within the scope of practice of an advanced practice registered nurse or certified midwife as described in this part 1.

(3) Notwithstanding the requirements of subsection (1) of this section, the board, by rule, may exempt or establish lesser liability insurance requirements for advanced practice registered nurses or certified midwives.

(4) Nothing in this section shall be construed to confer liability on an employer for the acts of an advanced practice registered nurse or a certified midwife that are outside the scope of employment or to negate the applicability of the "Colorado Governmental Immunity Act", article 10 of title 24.
C.R.S. § 12-295-108 — CO Code / Title 12 / Article 295 / Section 12-295-108
12-295-108. License by endorsement
Status: in_force

12-295-108. License by endorsement. The board may issue a license to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-315-102 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-102
12-315-102. Legislative declaration
Status: in_force

12-315-102. Legislative declaration. [Editor's note: This version of this section is effective January 1, 2026.]

(1) This article 315 is enacted as an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine. It is hereby declared that the practice of veterinary medicine is a privilege conferred upon persons possessed of the personal and professional qualifications specified in this article 315.

(2) The people of the state of Colorado declare that:

(a) There is a critical veterinary workforce shortage impacting the animals of Colorado;

(b) The veterinary workforce shortage is causing an access-to-veterinary-care crisis in Colorado;

(c) The access-to-veterinary-care crisis is threatening the welfare of companion animals, the livelihood of members of Colorado's animal agriculture industry, and the safety of our food supply;

(d) The veterinary workforce shortage and access-to-veterinary-care crisis cannot be solved without seeking new ways to bring additional people into the veterinary workforce; and

(e) Experts in veterinary medicine have identified a mid-level veterinary practitioner career pathway as one solution to the veterinary workforce shortage and access-to-veterinary-care crisis.12-315-102. Legislative declaration. [Editor's note: This version of this section is effective until January 1, 2026.] This article 315 is enacted as an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine. It is hereby declared that the practice of veterinary medicine is a privilege conferred upon persons possessed of the personal and professional qualifications specified in this article 315.
C.R.S. § 12-275-116 — CO Code / Title 12 / Article 275 / Section 12-275-116
12-275-116. Change of address
Status: in_force

12-275-116. Change of address. Every person licensed under this article 275 shall notify the board in writing within thirty days of any change in mailing address.
C.R.S. § 12-135-503 — CO Code / Title 12 / Article 135 / Part 5 / Section 12-135-503
12-135-503. Criminal history - rules
Status: in_force

12-135-503. Criminal history - rules. (1) Subject to section 24-5-101, a licensee or an applicant for a license under this part 5 has a disqualifying criminal history if the licensee or applicant has been convicted of, plead guilty to, plead nolo contendere to, or received a deferred sentence for:

(a) A felony committed in the course of and related to practicing as, interning as, or having a workplace learning experience as a funeral director, a mortuary science practitioner, an embalmer, a cremationist, or a natural reductionist;

(b) A felony committed in the course of and related to being an employee of or being an agent of a funeral establishment registered in accordance with section 12-135-110 or of a crematory registered in accordance with section 12-135-303;

(c) A violation of section 18-13-101;

(d) A felony listed in article 4 or 5 of title 18; or

(e) A violation of a statute of another state if the violation is substantially similar to a violation listed in subsection (1)(a), (1)(b), (1)(c), (1)(d), or (2) of this section.

(2) The director may promulgate rules to categorize a violation of any of the following as disqualifying criminal history under this part 5:

(a) Article 140 of this title 12;

(b) Article 15 of title 10; or

(c) Title 6.
C.R.S. § 12-200-112 — CO Code / Title 12 / Article 200 / Section 12-200-112
12-200-112. Confidential agreement to limit practice
Status: in_force

12-200-112. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 200.

(2) This section and section 12-30-108 do not apply to a licensee subject to discipline under section 12-200-109 (1)(m).
C.R.S. § 12-120-313 — CO Code / Title 12 / Article 120 / Part 3 / Section 12-120-313
12-120-313. Qualifications for professional land surveyor
Status: repealed

12-120-313. Qualifications for professional land surveyor. (1) Repealed.

(2) (a) An applicant may qualify for licensing as a professional land surveyor by education, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b) and the examination pertaining to Colorado law.

(b) To be admitted to an examination pursuant to subsection (2)(a) of this section, the applicant shall meet the requirements stated in at least one of the following:

(I) (A) Have graduated from a board-approved surveying curriculum of four or more years; and

(B) Have two years of progressive land surveying experience under the supervision of a professional land surveyor or an exempted federal employee defined in section 12-120-303 (1)(b); and

(C) Have been enrolled as a land surveyor-intern in this state; or

(II) (A) Have graduated from a nonboard-approved surveying curriculum of four or more years; and

(B) Have four years of progressive land surveying experience of which at least two must be under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and

(C) Have been enrolled as a land surveyor-intern in this state; or

(III) (A) Have graduated from a board-approved two-year surveying curriculum or from a four-year engineering curriculum that included surveying course work as specified by the board by rule; and

(B) Have six years of progressive land surveying experience of which four years shall have been under the supervision of a professional land surveyor or an exempt federal employee as defined under section 12-120-303 (1)(b); and

(C) Have been enrolled as a land surveyor-intern in this state; or

(IV) (A) Have obtained a bachelor's degree in a nonsurveying curriculum;

(B) Have completed surveying and other related course work, as specified by the board by rule;

(C) Have six years of progressive land surveying experience, of which four years shall have been under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and

(D) Have been enrolled as a land surveyor-intern in this state.

(c) Upon passing the examinations and the submission of evidence of experience satisfactory to the board, the applicant shall be licensed as a professional land surveyor if the applicant is otherwise qualified pursuant to section 12-120-312.

(3) The board may allow an applicant to substitute for one year of experience the satisfactory completion of one academic year in a curriculum approved by the board. The substitution of education for experience shall not exceed three years.

(4) Repealed.

(5) (a) A professional land surveyor who has been duly licensed to practice professional land surveying in this state and who is over sixty-five years of age, upon application, may be classified as a retired professional land surveyor. Individuals who are so classified shall lose their licensure, shall not practice professional land surveying, and shall pay a fee to retain retired professional land surveyor status.

(b) (I) A retired professional land surveyor shall be reinstated to the status of a professional land surveyor upon payment of the renewal fee. No other fee shall be assessed against the retired professional land surveyor as a penalty.

(II) For any professional land surveyor who has been retired for two or more years, the board may require reexamination unless the board is satisfied of the retired professional land surveyor's continued competence.
C.R.S. § 12-245-604 — CO Code / Title 12 / Article 245 / Part 6 / Section 12-245-604
12-245-604. Licensure - examination - licensed professional counselors - rules
Status: repealed

12-245-604. Licensure - examination - licensed professional counselors - rules. (1) The board shall issue a license as a licensed professional counselor to each applicant who files an application in a form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and furnishes evidence satisfactory to the board that the applicant:

(a) Is at least twenty-one years of age;

(b) Is not in violation of any provision of this article 245 or any rule adopted under this article 245;

(c) Has completed a master's or doctoral degree in professional counseling from an accredited school or college or an equivalent program as determined by the board. The degree or program must include a practicum or internship in the principles and the practice of professional counseling.

(d) (I) Has at least two years of post-master's practice or one year of postdoctoral practice in licensed professional counseling under clinical supervision;

(II) Has at least two thousand hours of practice in counseling, including at least one thousand five hundred hours of face-to-face direct client contact, or practice pursuant to section 12-245-603, under clinical supervision that is in person or is telesupervision; and

(III) For each one thousand hours of supervised practice in professional counseling, has received a minimum of fifty hours of supervision. A minimum of twenty-five of the fifty hours must be individual supervision, which may be in person or through telesupervision. The remaining twenty-five of the fifty hours of supervision earned may be either triadic supervision or group supervision with a maximum ratio of one supervisor to ten supervisees. No other modes of supervision will be accepted.

(e) Demonstrates professional competence by passing an examination in professional counseling demonstrating special knowledge and skill in licensed professional counseling as prescribed by the board and a jurisprudence examination administered by the division.

(1.5) A licensed addiction counselor who possesses a valid, unsuspended, and unrevoked license may provide clinical supervision of an individual working toward licensure as a licensed professional counselor if the licensed addiction counselor has met the education requirements for a licensed professional counselor, or the equivalent, as specified in rules promulgated by the state board of licensed professional counselor examiners created in section 12-245-602.

(2) The examination by the board described in subsection (1)(e) of this section shall be given not less than twice per year at such time and place and under such supervision as the board may determine.

(3) The board or its designated representatives shall administer and determine the pass or fail status of the examination and take any actions necessary to ensure impartiality. The board shall determine the passing score for the examination based upon a level of minimum competency to engage in the practice of licensed professional counseling.

(4) (a) The board shall register as a licensed professional counselor candidate a person who:

(I) Files an application for registration, accompanied by the fee as required by section 12-245-205; and

(II) Submits evidence satisfactory to the board that the person meets the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section and has passed a jurisprudence examination administered by the division.

(III) Repealed.

(b) A licensed professional counselor candidate who registers with the board pursuant to this subsection (4) is under the jurisdiction of the board and may, but is not required to, register with the database of unlicensed psychotherapists pursuant to section 12-245-703.

(c) If a candidate does not meet the requirements of subsections (1)(d) and (1)(e) of this section within three years after initial registration, the candidate's registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of a candidate registration, the registered licensed professional counselor candidate shall complete continuing professional competency hours to maintain their registration as a registered licensed professional counselor candidate.

(d) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to licensed professional counselors into alignment with this part 6, including:

(I) Allowance of a licensed professional counselor candidate to renew a licensed professional counselor candidate registration for four years if the candidate submits an application for renewal to the board before the expiration date of the current licensed professional counselor candidate registration;

(II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202;

(III) Allowance of a person while in the final semester of a master's or doctoral degree in professional counseling from an accredited school, college, or equivalent program to practice in accordance with section 12-245-217 (2)(g) after the person's practicum and internship are completed; and

(IV) The continuing professional competency requirements specified in subsection (4)(c) of this section.

(5) (a) If an applicant has completed an equivalent program as determined by the board pursuant to subsection (1)(c) of this section, the board shall not place additional requirements, barriers, or burdens related to licensure or supervision on the applicant.

(b) The board shall not give preference concerning licensure, supervision, or other requirements of this part 6 to an applicant who has completed a master's or doctoral degree in professional counseling from an accredited school or college pursuant to subsection (1)(c) of this section based upon the accrediting organization.
C.R.S. § 12-120-210 — CO Code / Title 12 / Article 120 / Part 2 / Section 12-120-210
12-120-210. Eligibility for engineer-intern
Status: in_force

12-120-210. Eligibility for engineer-intern. To be eligible for enrollment as an engineer-intern, an applicant shall provide documentation of the applicant's technical competence.
C.R.S. § 12-145-115 — CO Code / Title 12 / Article 145 / Section 12-145-115
12-145-115. Enforcement
Status: in_force

12-145-115. Enforcement. Every peace officer is hereby authorized to assist the director in the enforcement of the provisions of this article 145 and the rules prescribed by the director.
C.R.S. § 12-240-130.5 — CO Code / Title 12 / Article 240 / Section 12-240-130.5
12-240-130.5. Continuing medical education - requirement - compliance - legislative declaratio
Status: in_force

12-240-130.5. Continuing medical education - requirement - compliance - legislative declaration - rules - definitions. (1) (a) The general assembly finds and declares that:

(I) Medical knowledge, methods of diagnosis, and treatment options have expanded exponentially since the beginning of the twenty-first century, with exciting research and discoveries, including the development of new medications and tools for more accurate and effective diagnosis, treatment, and prevention of disease;

(II) While there are promising advances in medicine, Colorado faces challenges that affect the health and well-being of its residents, including an aging population; national and international public health issues, including epidemics and pandemics; nonnative diseases and conditions; changing environmental conditions and new contaminants in water, air, and food that are dangerous to human health; changes in state and federal law impacting access to reproductive, sexual, and gender-based health care; and the increasing need for behavioral health care and physical and mental health-care integration;

(III) State and national medical associations recognize the practical and ethical duties physicians have to their patients and to the profession to maintain competency in the rapidly changing medical field and the world; and

(IV) To meet these challenges and duties, there is a need for mandated continuing professional education for physicians.

(b) Therefore, the general assembly further finds and declares that:

(I) A license to practice medicine in this state is granted to individuals who demonstrate competency in the profession; and

(II) As a condition of the periodic renewal of a physician's license or the reinstatement or reactivation of a medical license, it is appropriate and necessary that Colorado require a physician to complete continuing medical education to ensure continuing competency in the profession and to prepare for the patients and health issues of the future.

(2) As used in this section, unless the context otherwise requires:

(a) "AMA PRA Category 1 Credit™" means credit for hours awarded for continuing medical education that apply toward the American Medical Association's physician's recognition award.

(b) "CME credit hour" means one hour of CME credit awarded for one clock hour of continuing medical education.

(c) "Compliance period" means the twenty-four-month period immediately preceding the renewal, reinstatement, or reactivation of a physician's license.

(d) "Continuing medical education" or "CME" means a program of continuing medical education that is accredited by an organization specified in subsection (3)(d) of this section.

(e) "National board certification" means a certification program that meets accepted standards for certification and includes both:

(I) A process for defining specialty-specific standards for knowledge and skills; and

(II) An independent, external, psychometrically valid assessment of knowledge and skills for both initial certification and recertification or continuous certification by the certifying body that granted the initial certification in the medical specialty.

(3) (a) Notwithstanding any provision of this title 12 to the contrary, commencing with license renewal, reinstatement, or reactivation occurring on or after January 1, 2026, except as provided in subsections (3)(c), (4), and (5) of this section, the board shall not renew, reinstate, or reactivate a license of a physician unless the physician presents evidence that the physician has completed thirty CME credit hours within the compliance period.

(b) Unless chosen to participate in a board audit of CME compliance pursuant to subsection (8) of this section, a physician shall provide evidence of compliance with this section by:

(I) Answering affirmatively, under penalty of perjury, a question regarding compliance with the CME requirement that is included on the questionnaire that accompanies the license renewal form described in section 12-240-130 (2); or

(II) For an applicant for reinstatement or reactivation, by attesting to that fact on the application.

(c) If necessary, the board shall adjust proportionately the number of CME credit hours required pursuant to subsection (3)(a) of this section to ensure that, due to the date of the license renewal, reinstatement, or reactivation, a physician is not required to obtain thirty CME credit hours in fewer than twenty-four months.

(d) To qualify for CME credit hours, a program must:

(I) Be accredited by the Accreditation Council for Continuing Medical Education and qualify for AMA PRA Category 1 Credit™;

(II) Qualify for prescribed credit from the American Academy of Family Physicians;

(III) Be an approved program of the American Osteopathic Association; or

(IV) Be a program required in order to maintain national board certification, not including a program self-claimed or self-documented by the physician.

(e) As part of the thirty CME credit hours required pursuant to subsection (3)(a) of this section, or the adjusted number of CME credit hours required pursuant to subsection (3)(c) of this section, a physician shall complete CME credit hours in topics specified pursuant to subsection (6) of this section.

(4) (a) The board may renew the license of a physician who presents acceptable evidence to the board that the physician was unable to comply with the CME credit hours required pursuant to subsection (3)(a) of this section.

(b) The board may grant a six-month extension of the compliance period to a physician who is unable to comply with the CME credit hours required pursuant to subsection (3)(a) of this section.

(5) The board may waive the CME requirement for a physician's first renewal period if the physician was initially licensed within twelve months after completing a board-approved internship or postgraduate training.

(6) As part of the CME requirement established pursuant to this section, in addition to CME programs covering topics selected by the physician, a physician's CME credit hours must include:

(a) CME credit hours that comply with section 12-30-114 and related board rules; and

(b) CME credit hours covering a topic specified by the board by rule pursuant to subsection (7)(b) of this section.

(7) The board shall promulgate rules necessary to implement a physician CME requirement in accordance with this section. In addition to any other rules, the board shall adopt rules:

(a) Requiring that a physician maintain a transcript or certificate of attendance at the CME program that includes a statement of the credit hours earned;

(b) (I) Relating to any CME credit hours in a specific topic, if the board approves the topic, including the number of credit hours, the frequency of the requirement, and which physicians are subject to the requirement. Nothing in this subsection (7)(b)(I) allows the board to increase the number of required CME credit hours specified in subsection (3)(a) of this section.

(II) The board shall initiate a stakeholder process to consider requiring, for general practice and for all specialties, specific CME credit hours relating to health disparities and outcomes data; reproductive, sexual, and gender-based health care; and explicit and implicit bias, including the number and frequency of CME credit hours.

(c) Indicating the circumstances under which the board would waive the CME requirement for a physician or extend the physician's compliance period pursuant to subsection (4) of this section;

(d) Implementing an audit of compliance with this section, if undertaken by the board pursuant to subsection (8) of this section; and

(e) For reinstatement of a license that has become inactive pursuant to subsection (9) of this section.

(8) (a) The board may annually audit up to five percent of physicians, chosen at random with an oversampling of nonboard-certified physicians, for compliance with this section.

(b) If chosen by the board for an audit of compliance with the CME requirement established pursuant to this section, unless the board has adjusted the number of required credit hours pursuant to subsection (3)(c) of this section or granted a waiver or extension of the CME requirement during the compliance period pursuant to subsection (4) of this section, the physician shall provide evidence of the completion of thirty credit hours of CME programs completed within the twenty-four months preceding the date of the physician's renewal, reinstatement, or reactivation of the license.

(9) (a) If a physician fails to comply with the CME requirement established pursuant to this section or to provide the required evidence of completion of CME credit hours in response to an audit by the board pursuant to subsection (8)(a) of this section:

(I) The physician's failure to comply without reasonable cause constitutes unprofessional conduct pursuant to section 12-240-121 (1)(ii); and

(II) The physician's license becomes inactive until reinstated by the board pursuant to board rule.

(b) A physician with an inactive license is not required to comply with this section but shall meet the CME requirement pursuant to this section before the board reactivates the license.
C.R.S. § 12-245-229 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-229
12-245-229. Licensee duties relating to assistance animals - definitions
Status: in_force

12-245-229. Licensee duties relating to assistance animals - definitions. (1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:

(a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or

(b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.

(2) This section does not:

(a) Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;

(b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or

(c) Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

(3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee:

(a) Has met with the patient in person;

(b) Is sufficiently familiar with the patient and the disability; and

(c) Is legally and professionally qualified to make the determination.

(4) For purposes of this section:

(a) "Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended.

(b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.
C.R.S. § 12-220-504 — CO Code / Title 12 / Article 220 / Part 5 / Section 12-220-504
12-220-504. What constitutes practicing supervised dental hygiene
Status: repealed

12-220-504. What constitutes practicing supervised dental hygiene. (1) Unless licensed to practice dentistry, a person who performs any of the following tasks under the supervision of a licensed dentist is deemed to be practicing supervised dental hygiene:

(a) Performing a task described in section 12-220-503 (1);

(b) Preparing study casts;

(c) Administering local anesthesia under the indirect supervision of a licensed dentist pursuant to rules of the board, including minimum education requirements and procedures for local anesthesia administration; or

(d) Placing interim therapeutic restorations pursuant to section 12-220-505.

(e) Repealed.
C.R.S. § 12-315-210 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-210
12-315-210. Unauthorized practice - penalties
Status: in_force

12-315-210. Unauthorized practice - penalties. [Editor's note: This version of this section is effective until January 1, 2026.] A person who practices or offers or attempts to practice as a veterinary technician without an active registration issued under this part 2 or as a veterinary technician specialist without an active veterinary technician specialist designation under this part 2 is subject to penalties pursuant to section 12-20-407 (1)(a).12-315-210. Unauthorized practice - penalties. [Editor's note: This version of this section is effective January 1, 2026.] A person who practices or offers or attempts to practice as a veterinary technician or veterinary professional associate without an active registration issued under this part 2 or as a veterinary technician specialist without an active veterinary technician specialist designation under this part 2 is subject to penalties pursuant to section 12-20-407 (1)(a).
C.R.S. § 12-240-114 — CO Code / Title 12 / Article 240 / Section 12-240-114
12-240-114. International medical graduates - degree equivalence
Status: in_force

12-240-114. International medical graduates - degree equivalence. (1) For international medical graduates, the board shall require one year of postgraduate clinical training approved by the board. An applicant whose international medical school is not an approved medical college is eligible for licensure at the discretion of the board if the applicant meets all other requirements for licensure and holds specialty board certification, current at the time of application for licensure, conferred by a regular member board of the American Board of Medical Specialties or the American Osteopathic Association. The factors to be considered by the board in the exercise of its discretion in determining the qualifications of applicants must include the following:

(a) The information available to the board relating to the medical school of the applicant; and

(b) The nature and length of the postgraduate training completed by the applicant.
C.R.S. § 12-120-314 — CO Code / Title 12 / Article 120 / Part 3 / Section 12-120-314
12-120-314. Licenses
Status: in_force

12-120-314. Licenses. (1) The board, upon acceptance of an applicant who has demonstrated competence in professional land surveying and upon receipt of payment of the required fee, shall license and issue a unique license number to the applicant.

(2) The board, upon acceptance of a qualified land surveyor-intern and upon receipt of payment of the required fee, shall enroll the qualified land surveyor-intern.

(3) A license may be issued at any time and is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(4) Any person whose license has expired is subject to the penalties provided in this part 3 or section 12-20-202 (1).

(5) A professional land surveyor shall give notice to the board, in writing, of any change of address within thirty days after the change.
C.R.S. § 12-270-108 — CO Code / Title 12 / Article 270 / Section 12-270-108
12-270-108. Licensure of occupational therapy assistants - qualifications - application - ru
Status: in_force

12-270-108. Licensure of occupational therapy assistants - qualifications - application - rules. (1) Educational and experiential requirements. Every applicant for licensure as an occupational therapy assistant must have:

(a) Successfully completed the academic requirements of an educational program for occupational therapy assistants that is offered by an institution of higher education and accredited by a national, regional, or state agency recognized by the United States secretary of education, or another program accredited thereby and approved by the director; and

(b) Successfully completed a minimum period of supervised fieldwork experience required by the recognized educational institution where the applicant met the academic requirements described in subsection (1)(a) of this section. The minimum period of supervised fieldwork experience for an occupational therapy assistant must:

(I) Meet the accreditation standards of the American Occupational Therapy Association, Accreditation Council for Occupational Therapy Education, or any successor organization; or

(II) Satisfy the accreditation standards for minimum fieldwork requirements at the time of graduation.

(2) Examination. Each applicant must pass a nationally recognized examination, approved by the director, that measures the minimum level of competence necessary for the protection of public health, safety, and welfare.

(3) Application. After an applicant has fulfilled the requirements of subsections (1) and (2) of this section, the applicant may apply for licensure upon payment of a fee in an amount determined by the director. The director shall designate the form and manner of the application.

(4) Licensure. After an applicant has fulfilled the requirements of subsections (1) to (3) of this section, the director shall issue a license to the applicant; except that the director may deny a license if the applicant has committed any act that would be grounds for disciplinary action under section 12-270-114.

(5) Licensure by endorsement. An applicant may obtain licensure by endorsement if the applicant satisfies the requirements of the occupational credential portability program.

(6) License renewal. Licenses issued pursuant to this section are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license expires is subject to the penalties provided in this article 270 and section 12-20-202 (1).
C.R.S. § 12-235-119 — CO Code / Title 12 / Article 235 / Section 12-235-119
12-235-119. Local government - regulations - enforcement
Status: in_force

12-235-119. Local government - regulations - enforcement. (1) No city, county, city and county, or other political subdivision of this state shall enact or enforce any local ordinance that regulates the practice or the profession of massage therapy.

(2) Local government law enforcement agencies may inspect massage therapy licenses and the business premises where massage therapy is practiced for compliance with applicable laws. Nothing in this section precludes criminal prosecution for a violation of any criminal law. If an inspection reveals the practice of massage therapy by a person without a valid license, the local government law enforcement agency shall charge the person with a misdemeanor pursuant to sections 12-20-407 (1)(b) and 12-235-115.

(3) A city, county, city and county, or other political subdivision may inspect massage businesses, except for a sole proprietorship with a person's residence, upon complaint of illegal activity and ensure that the people performing massage therapy are licensees. A city, county, city and county, or other political subdivision shall not charge a fee for the inspection or license verification.
C.R.S. § 12-245-804 — CO Code / Title 12 / Article 245 / Part 8 / Section 12-245-804
12-245-804. Requirements for licensure, certification, and registration - rules
Status: repealed

12-245-804. Requirements for licensure, certification, and registration - rules. (1) The board shall issue a license as an addiction counselor to an applicant who files an application in the form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and submits evidence satisfactory to the board that the applicant:

(a) Is at least twenty-one years of age;

(b) Is not in violation of any provision of this article 245 or any rules promulgated by the board;

(c) Has completed a master's or doctoral degree in the behavioral health sciences from an accredited school, college, or university or an equivalent program as determined by the board;

(d) Demonstrates professional competence by:

(I) Passing the master addiction counselor examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization; and

(II) Passing a jurisprudence examination administered by the division;

(e) Has met the education requirements specified in the rules promulgated by the state board of human services in the department of human services pursuant to section 27-80-108 (1)(e.5);

(f) Has completed the number of clock hours of addiction-specific training, as specified by the board by rule, including training in evidence-based treatment approaches, clinical supervision, ethics, and co-occurring disorders; and

(g) Has completed at least two thousand direct clinical hours of clinically supervised work experience in the addiction field. The clinical supervision may be in person or telesupervision.

(1.5) Repealed.

(2) The board shall issue a certification as an addiction counselor to an applicant who files an application in the form and manner required by the board, submits the fee required by the board pursuant to section 12-245-205, and submits evidence satisfactory to the board that the applicant:

(a) Is at least eighteen years of age;

(b) Is not in violation of any provision of this article 245 or any rules promulgated by the board or by the state board of human services in the department of human services pursuant to section 27-80-108 (1)(e);

(c) Has met the requirements for certification as a certified addiction technician or a certified addiction specialist as specified in rules adopted pursuant to subsection (3) of this section and as specified in subsection (3.5) of this section.

(3) The state board of addiction counselor examiners shall promulgate rules for certification of addiction counselors; except that the state board of human services in the department of human services shall establish by rule education requirements for licensure and certification in accordance with section 27-80-108 (1)(e) and (1)(e.5).

(3.5) In the rules promulgated pursuant to subsection (3) of this section, the board shall require that:

(a) A certified addiction technician have:

(I) A high school diploma or its equivalent;

(II) Accrued a minimum of one thousand hours of supervised clinical experience hours over a minimum of six months, which includes hours accrued prior to the application for certification so long as the supervised clinical experience hours meet any additional criteria as defined by the board;

(III) Passed a jurisprudence examination as determined by the board; and

(IV) Passed the national certification addiction counselor level I examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization;

(b) A certified addiction specialist have:

(I) A bachelor's degree in a behavioral health concentration or human services equivalent;

(II) Accrued a minimum of three thousand hours of supervised clinic work hours over a minimum of eighteen months, which may include the one thousand hours required to be accrued for certification as a certified addiction technician;

(III) Passed a jurisprudence examination as determined by the board; and

(IV) Passed the national certification addiction counselor level II examination administered by the National Association for Alcoholism and Drug Abuse Counselors, or an equivalent examination administered by a successor organization.

(3.7) (a) The board shall register as an addiction counselor candidate a person who files an application for registration, accompanied by the fee required by section 12-245-205, who is not in violation of any provision of this article 245 or any rules promulgated by the board, and who:

(I) Submits evidence satisfactory to the board that the person has met the requirements of subsections (1)(a), (1)(b), and (1)(c) of this section.

(II) (Deleted by amendment, L. 2024.)

(b) An addiction counselor candidate registered pursuant to this subsection (3.7) is under the jurisdiction of the board. If the requirements of subsections (1)(d) to (1)(g) of this section are not met within three years after the date of registration as a candidate or within one year if the candidate holds an equivalent credential from another state, the registration of the addiction counselor candidate is subject to the renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202. Prior to a second or subsequent renewal of an addiction counselor candidate registration, the registered addiction counselor candidate shall complete continuing professional competency hours to maintain the registered addiction counselor's registration as a registered addiction counselor candidate.

(c) On or before December 31, 2024, the board shall begin the rule-making process to promulgate rules that bring the rules pertaining to addiction counselors into alignment with this part 8, including:

(I) A requirement to take and pass the Colorado jurisprudence examination to obtain an addiction counselor candidate registration;

(II) The renewal, reinstatement, and delinquency fee provisions specified in section 12-20-202; and

(III) The continuing professional competency requirements specified in subsection (3.7)(b) of this section.

(4) Nothing in this part 8 prevents members of other professions licensed under the laws of this state from rendering services within their scope of practice as set forth in the statutes regulating their professional practices so long as they do not represent themselves to be certified or licensed addiction counselors.
C.R.S. § 12-280-142 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-142
12-280-142. Epinephrine auto-injector affordability program - record keeping - reimbursement
Status: repealed

12-280-142. Epinephrine auto-injector affordability program - record keeping - reimbursement - penalty - definitions. (1) As used in this section:

(a) "Consumer price index" means the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.

(b) Repealed.

(c) "Epinephrine auto-injector" means an automatic injection device for injecting a measured dose of epinephrine based on the weight of the person who is to receive the injection.

(d) "Manufacturer" means a person engaged in manufacturing epinephrine auto-injectors that are available for purchase in this state.

(e) "Pharmacy" means a pharmacy outlet registered pursuant to this article 280 where prescriptions are compounded and dispensed.

(f) "Program" means the epinephrine auto-injector affordability program created in subsection (2) of this section.

(g) "Proof of residency" means a current and valid document that is in English, or is translated into English and is unaltered, and that includes the individual's, or in the case of a minor, the minor's parent's or guardian's, printed name and Colorado residential address. Documents that may be used for proof of residency are:

(I) A Colorado-issued driver's license or Colorado identification card;

(II) A printed bill, including a utility, telephone, internet, cable, insurance, mortgage, rent, waste disposal, water or sewer, medical, or other bill;

(III) A credit card or bank statement;

(IV) A pay stub or earnings statement;

(V) A piece of post-marked first-class mail or United States postal service change of address confirmation;

(VI) A printed rent receipt or residential lease;

(VII) A transcript or report card from an accredited school;

(VIII) A vehicle title or registration;

(IX) An insurance policy;

(X) A government-issued letter or state or federal government-issued check; or

(XI) A record of medical service from a shelter, treatment facility, or assisted living facility, including a homeless shelter, women's shelter, other nonprofit shelter, halfway house, nursing home, or rehabilitation facility.

(2) Effective January 1, 2024, the epinephrine auto-injector affordability program is created to provide low-cost epinephrine auto-injectors to eligible individuals. By January 1, 2024, each manufacturer shall establish procedures to and shall make epinephrine auto-injectors available in accordance with this section to eligible individuals who hold a valid prescription for epinephrine auto-injectors.

(3) To be eligible to receive epinephrine auto-injectors through the program, an individual must:

(a) Demonstrate proof of residency in Colorado;

(b) Not be eligible for assistance provided through the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the federal "Health Insurance for the Aged Act", Title XVIII of the federal "Social Security Act", 42 U.S.C. sec. 1395 et seq., as amended;

(c) Have a valid epinephrine auto-injector prescription; and

(d) Not be enrolled in prescription drug coverage that limits the total amount of cost sharing that the enrollee is required to pay for a covered prescription to not more than sixty dollars for a two-pack of epinephrine auto-injectors, regardless of the amount or type of epinephrine needed to fill the prescription.

(4) (a) The board shall develop an epinephrine auto-injector affordability program application form to be used by an individual who is seeking epinephrine auto-injectors through the program. All manufacturers subject to this section shall participate in the program. The application form must be available to individuals, pharmacies, health-care providers, and health facilities through the board's website and must be accessible through a quick response (QR) code or other machine-readable code. Within a reasonable period of time after the publication of the program website, all manufacturers required to participate in the program shall include a link to the program website on the manufacturer's consumer epinephrine auto-injector program website. At a minimum, the application form must:

(I) Provide information related to program eligibility and coverage in English, in Spanish, and in each language spoken by at least two and one-half percent of the population of any county in which such population speaks English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speaks a shared minority language at home;

(II) Require the individual to attest that the individual meets the requirements of subsection (3) of this section; and

(III) Include the information required for a pharmacy to successfully submit, pursuant to subsection (8) of this section, an electronic claim for reimbursement that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing for the cost to dispense the epinephrine auto-injectors, above any required cost sharing by the individual and adjudicated at the point of sale.

(b) The board shall supply pharmacies with information about the program to provide to individuals who are seeking access to the program. The information must contain a quick response (QR) code or other machine-readable code that an individual may use to access the program application and include information on how to submit a program application.

(5) To access epinephrine auto-injectors through the program, an individual must present, at a pharmacy, a completed, signed, and dated application form with proof of residency. If the individual is under eighteen years of age, the individual's parent or legal guardian may provide the pharmacist with proof of residency.

(6) (a) Upon receipt of an individual's proof of residency and completed, signed, and dated application form demonstrating that the individual is eligible pursuant to subsection (3) of this section, a pharmacist shall dispense the prescribed epinephrine auto-injectors. An individual who is eligible to receive epinephrine auto-injectors through the program may receive epinephrine auto-injectors as prescribed for twelve months.

(b) The pharmacist is encouraged to inform the individual:

(I) That the individual may be eligible for medical assistance programs pursuant to the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or an affordable insurance product on the health benefit exchange created in section 10-22-104; and

(II) Of any manufacturer-sponsored programs that assist individuals who cannot afford their prescription epinephrine auto-injectors and provide the individual with the information described in subsection (4)(b) of this section about the program.

(c) The pharmacist shall retain a copy of the application form submitted by the individual for two years after the date the epinephrine auto-injector was initially dispensed.

(7) A pharmacy that dispenses epinephrine auto-injectors pursuant to subsection (6)(a) of this section may collect a copayment from the individual to cover the pharmacy's costs of processing and dispensing the epinephrine auto-injector, which copayment amount must not exceed sixty dollars for each two-pack of epinephrine auto-injectors that the pharmacy dispenses to the individual.

(8) (a) Except as provided in subsection (8)(c) of this section, unless the manufacturer agrees to send to the pharmacy a replacement supply of the same number of epinephrine auto-injectors dispensed through the program, the pharmacy may submit to the manufacturer of the dispensed epinephrine auto-injectors, directly or through the manufacturer's delegated representative, subcontractor, or other vendor, an electronic claim for payment that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing.

(b) By January 1, 2024, each manufacturer shall develop a process for a pharmacy to submit an electronic claim for reimbursement, including an accessible online application for reimbursement claims from pharmacies under the program, as provided in subsection (8)(a) of this section.

(c) If the pharmacy submits an electronic claim to the manufacturer pursuant to subsection (8)(a) of this section, the manufacturer or the manufacturer's delegated representative, subcontractor, or other vendor shall, within thirty days after receipt of the claim, either:

(I) Reimburse the pharmacy in an amount that the pharmacy paid for the number of epinephrine auto-injectors dispensed through the program; or

(II) Send the pharmacy a replacement supply of epinephrine auto-injectors in an amount equal to the number of epinephrine auto-injectors dispensed through the program pursuant to subsection (6)(a) of this section.

(9) The board shall promote the availability of the program to Coloradans. The promotional material must include information about each manufacturer's consumer epinephrine auto-injector program, as applicable. The board may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (9).

(10) A manufacturer's reimbursement pursuant to subsection (8)(c) of this section is not a kickback.

(11) (a) A manufacturer that fails to comply with the requirements of this section:

(I) Is subject to a fine in an amount and frequency that is equal to the amount and frequency of the fine permitted under the "Colorado Consumer Protection Act", part 1 of article 1 of title 6; and

(II) Engages in a deceptive trade practice under section 6-1-105 (1)(zzz).

(b) The attorney general is authorized to enforce this section.
C.R.S. § 12-220-101 — CO Code / Title 12 / Article 220 / Part 1 / Section 12-220-101
12-220-101. Short title
Status: in_force

12-220-101. Short title. The short title of this article 220 is the "Dental Practice Act".
C.R.S. § 12-105-104 — CO Code / Title 12 / Article 105 / Section 12-105-104
12-105-104. Definitions
Status: in_force

12-105-104. Definitions. As used in this article 105, unless the context otherwise requires:

(1) "Barber" means a person who engages in any of the practices of barbering.

(2) "Barbering" means any one or combination of the following practices when done upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the public generally: Shaving or trimming the beard; cutting the hair; giving facial or scalp massage or treatment with oils, creams, or lotions, or other chemical preparations, either by hand or with mechanical appliances; dyeing the hair or applying hair tonic; applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or shoulders.

(3) "Barber school" means an establishment operated by a person for the purpose of teaching barbering that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches barbering.

(4) "Barbershop" or "beauty salon" means a fixed establishment, temporary location, or place in which one or more persons engage in the practice of barbering or cosmetology. The term "temporary location" includes a motor home as defined in section 42-1-102 (57).

(5) "Beauty school" means an establishment operated by a person for the purpose of teaching cosmetologists, estheticians, hairstylists, and nail technicians that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches cosmetology.

(6) "Cosmetologist" means a person who engages in any of the practices of cosmetology.

(7) "Cosmetology" means any one act or practice, or any combination of acts or practices, not for the treatment of disease, physical illness, or a behavioral, mental health, or substance use disorder, when done for payment either directly or indirectly or when done without payment for the public generally, usually performed by and included in or known as the profession of beauty culturists, beauty operators, beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation, or other legal entity holding itself out as practicing cosmetology by whatever designation and within the meaning of this article 105. In particular, "cosmetology" includes, but is not limited to, any one or a combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means and, with hands or a mechanical or electrical apparatus or appliance or by the use of cosmetic or chemical preparations; manicuring or pedicuring the nails of a person; giving facials, applying makeup, giving skin care, or applying eyelashes involving physical contact with a person; beautifying the face, neck, arms, bust, or torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of a person by the use of depilatories or waxing or by the use of tweezers; and the trimming of the beard.

(8) "Esthetician" means any person who engages in any one or more of the following practices not for the treatment of disease or physical ailments:

(a) Giving facials, applying makeup, giving skin care, or applying eyelashes, involving physical contact, to any person;

(b) Beautifying the face, neck, arms, bust, or torso of the human body by the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

(c) Massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body by means of the hands, devices, apparatus, or appliances with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

(d) Removing superfluous hair from the body of any person by the use of depilatories or waxing or by the use of tweezers.

(9) "Hairstyling" means providing one or more of the following hair care services not for the treatment of disease or physical or mental ailments upon the upper part of the human body for cosmetic purposes for payment either directly or indirectly, or when done without payment for the public generally:

(a) Cleansing, massaging, or stimulating the scalp with oils, creams, lotions, or other cosmetic or chemical preparations, using the hands or with manual, mechanical, or electrical implements or appliances;

(b) Applying cosmetic or chemical preparations, antiseptics, powders, oils, clays, or lotions to the scalp;

(c) Cutting, arranging, applying hair extensions to, or styling the hair by any means using the hands or with manual, mechanical, or electrical implements or appliances;

(d) Cleansing, coloring, lightening, waving, or straightening the hair with cosmetic or chemical preparations, using manual, mechanical, or electrical implements or appliances;

(e) Trimming the beard.

(10) "Hairstylist" means a person who engages in any of the practices of hairstyling.

(11) "Manicuring" means any one act or practice, or combination of acts or practices, not for the treatment of disease or physical or mental ailments, when done for direct or indirect payment or when done without payment for the public generally. "Manicuring" includes, but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering, building, pushing, or trimming of nails or any other similar work upon the nails of a person by any means, including the softening of the hands, arms, ankles, or feet of a person by use of hands, a mechanical or electrical apparatus or appliance, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or ankles of a person. Manicuring also includes waxing or the use of depilatories on the leg up to the knee and the waxing or the use of depilatories on the arm up to the elbow.

(12) "Nail technician" means a person who engages in the limited practices of cosmetology known as manicuring. Unless otherwise licensed under this article 105, a nail technician shall not engage in the practice of cosmetology, except manicuring.

(13) "Natural hair braiding" means a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or with a mechanical device, as long as the service does not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.

(14) "Owner" includes any person who has a financial interest in a barbershop or beauty salon or any other place of business entitling the person to participate in the promotion, management, or proceeds thereof. It does not include a person whose connection with the barbershop, beauty salon, or other place of business entitles the person only to reasonable salary or wages for services actually rendered. The owner of a place of business is the person responsible for registering the place of business with the director.

(15) "Place of business" means a fixed establishment, temporary location, or place, including any mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering, hairstyling, or cosmetology or practice as a nail technician or an esthetician. The term "temporary location" includes a motor home as defined in section 42-1-102 (57).
C.R.S. § 12-30-111 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-111
12-30-111. Electronic prescribing of controlled substances - exceptions - rules - definitio
Status: in_force

12-30-111. Electronic prescribing of controlled substances - exceptions - rules - definitions. (1) (a) Except as provided in subsection (1)(b) of this section, on and after July 1, 2021, a prescriber shall prescribe a controlled substance, as defined in section 18-18-102 (5), that is included in schedule II, III, or IV pursuant to part 2 of article 18 of title 18, only by electronic prescription transmitted to a pharmacy unless:

(I) At the time of issuing the prescription, electronic prescribing is not available due to technological or electrical failure;

(II) The prescription is to be dispensed at a pharmacy that is located outside of this state;

(III) The prescriber is dispensing the controlled substance to the patient;

(IV) The prescription includes elements that are not supported by the most recent version of the National Council for Prescription Drug Programs SCRIPT Standard and 21 CFR 1311;

(V) The federal food and drug administration or drug enforcement administration requires the prescription for the particular controlled substance to contain elements that cannot be satisfied with electronic prescribing;

(VI) The prescription is not specific to a patient and allows dispensing of the prescribed controlled substance:

(A) Pursuant to a standing order, approved protocol of drug therapy, or collaborative drug management or comprehensive medication management plan;

(B) In response to a public health emergency; or

(C) Under other circumstances that permit the prescriber to issue a prescription that is not patient-specific;

(VII) The prescription is for a controlled substance under a research protocol;

(VIII) The prescriber writes twenty-four or fewer prescriptions for controlled substances per year;

(IX) The prescriber is prescribing a controlled substance to be administered to a patient in a hospital, nursing care facility, hospice care facility, dialysis treatment clinic, or assisted living residence or to a person who is in the custody of the department of corrections;

(X) The prescriber reasonably determines that the patient would be unable to obtain controlled substances prescribed electronically in a timely manner and that the delay would adversely affect the patient's medical condition; or

(XI) The prescriber demonstrates economic hardship in accordance with rules adopted by the regulator pursuant to subsection (2)(b) of this section.

(b) A prescriber who is a licensed dentist or who is practicing in a rural area of the state or in a practice consisting of only one prescriber shall comply with this subsection (1) on and after July 1, 2023.

(2) The regulator for each prescriber subject to this section shall adopt rules:

(a) Defining what constitutes a temporary technological or electrical failure for purposes of subsection (1)(a)(I) of this section; and

(b) Defining economic hardship for purposes of subsection (1)(a)(XI) of this section and establishing:

(I) The process for a prescriber to demonstrate economic hardship, including the information required to be submitted to allow the regulator to make a determination;

(II) The period during which the economic hardship exception is effective, which period must not exceed one year; and

(III) A process for a prescriber to apply to renew an economic hardship exception, including the information required to be submitted that demonstrates the prescriber's continuing need for the exception.

(3) (a) This section does not:

(I) Create a private right of action;

(II) Serve as the basis of a cause of action; or

(III) Establish a standard of care.

(b) A violation of this section does not constitute negligence per se or contributory negligence per se.

(4) As used in this section:

(a) "Prescriber" means:

(I) A dentist licensed pursuant to article 220 of this title 12;

(II) A physician or physician assistant licensed pursuant to article 240 of this title 12;

(III) An advanced practice registered nurse or certified midwife with prescriptive authority pursuant to section 12-255-112;

(IV) An optometrist licensed pursuant to article 275 of this title 12; or

(V) A podiatrist licensed pursuant to article 290 of this title 12.

(b) "Rural area" means a county located in a nonmetropolitan area in the state that either:

(I) Has no municipality within its territorial boundaries with fifty thousand or more permanent residents based upon the most recent population estimates published by the United States census bureau; or

(II) Satisfies alternate criteria for the designation of a rural area as may be promulgated by the federal office of management and budget.
C.R.S. § 12-20-405 — CO Code / Title 12 / Article 20 / Part 4 / Section 12-20-405
12-20-405. Cease-and-desist orders
Status: in_force

12-20-405. Cease-and-desist orders. (1) (a) If it appears to a regulator, based upon credible evidence as presented in a written complaint by any person, that a licensee, certificate holder, or registrant is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the license, certification, or registration required to practice a profession or occupation, the regulator that regulates the particular profession or occupation may issue an order to cease and desist the activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful acts or unlicensed, uncertified, or unregistered practices immediately cease.

(b) Within ten days after service of the order to cease and desist pursuant to subsection (1)(a) of this section, the respondent may request a hearing on the question of whether acts or practices in violation of the part or article of this title 12 governing the particular profession or occupation have occurred. The hearing must be conducted pursuant to sections 24-4-104 and 24-4-105.

(2) (a) If it appears to the regulator, based upon credible evidence as presented in a written complaint by any person, that a person has violated any other portion of the part or article of this title 12 governing the particular profession or occupation, then, in addition to any specific powers granted pursuant to the part or article of this title 12 governing the particular profession or occupation, the regulator may issue to the person an order to show cause as to why the regulator should not issue a final order directing the person to cease and desist from the unlawful act or unlicensed, uncertified, or unregistered practice.

(b) The regulator shall promptly notify the person of the issuance of the order to show cause and shall include in the notice a copy of the order, the factual and legal basis for the order, and the date set by the regulator for a hearing on the order. The regulator may serve the notice by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom the order is issued. Personal service or proof of receipt of mailing of an order or document pursuant to this subsection (2)(b) constitutes notice to the person of the existence and contents of the order or document.

(c) (I) The regulator shall commence the hearing on an order to show cause no sooner than ten, and no later than forty-five, calendar days after the date the regulator sent or served notice as provided in subsection (2)(b) of this section. The regulator may continue the hearing by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event may the regulator commence the hearing later than sixty calendar days after the date of transmission or service of the notification. Sections 24-4-104 and 24-4-105 govern the conduct of the hearing held under this subsection (2)(c).

(II) If a person against whom the regulator has issued an order to show cause pursuant to subsection (2)(a) of this section does not appear at the hearing, the regulator may present evidence that the regulator properly sent or served the notification upon the person pursuant to subsection (2)(b) of this section and any other evidence related to the matter as the regulator deems appropriate. The regulator shall issue the order within ten days after the regulator's determination related to reasonable attempts to notify the respondent, and the order becomes final as to that person by operation of law.

(III) If the regulator reasonably finds that the person against whom the regulator issued the order to show cause is acting or has acted without the required license, certification, or registration or has or is about to engage in acts or practices constituting violations of the part or article of this title 12 governing the particular profession or occupation, the regulator may issue a final cease-and-desist order directing the person to cease and desist from further unlawful acts or unlicensed, uncertified, or unregistered practices.

(IV) The regulator shall provide notice, in the manner set forth in subsection (2)(b) of this section, of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this subsection (2)(c) to each person against whom the regulator has issued the final order. The final order issued pursuant to subsection (2)(c)(III) of this section is effective when issued and constitutes a final order for purposes of judicial review.

(3) The regulator may enter into a stipulation with a person if it appears to the regulator, based upon credible evidence presented to the regulator, that the person has engaged in or is about to engage in:

(a) An unlicensed, uncertified, or unregistered act or practice;

(b) An act or practice constituting a violation of the part or article of this title 12 governing the particular profession or occupation or a rule adopted or an order issued pursuant to those laws; or

(c) An act or practice constituting grounds for administrative sanction pursuant to the part or article of this title 12 governing the particular profession or occupation.

(4) If any person fails to comply with a final cease-and-desist order or a stipulation, the regulator may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested the attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order.

(5) A person aggrieved by the regulator's final determination with regard to a cease-and-desist order may seek judicial review in accordance with section 12-20-408.

(6) This section does not apply to articles 140 and 150 of this title 12 concerning nontransplant tissue banks and passenger tramways, respectively.
C.R.S. § 12-200-101 — CO Code / Title 12 / Article 200 / Section 12-200-101
12-200-101. Legislative declaration
Status: in_force

12-200-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) In order to safeguard the life, health, property, and public welfare of the people of this state, and in order to protect the people of this state from unauthorized, unqualified, and improper application of services by individuals in the practice of acupuncture, it is necessary that a proper regulatory authority be established and adequately funded;

(b) The scope of the practice of acupuncture will continue to evolve in response to innovation, research, collaboration, and changes in technology and societal needs;

(c) Unless otherwise authorized by law, a person should not use, in connection with the person's name or business, or otherwise assume or advertise any title or description that will or that reasonably might be expected to mislead the public into believing that the person is an acupuncturist unless the person is duly licensed under this article 200; and

(d) A person who holds himself or herself out to the public as an acupuncturist without qualifying for proper licensing under this article 200 endangers the public life, health, property, and welfare.
C.R.S. § 12-315-119 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-119
12-315-119. Veterinary records in custody of animal care providers - definition - rules
Status: in_force

12-315-119. Veterinary records in custody of animal care providers - definition - rules. (1) As used in this section, unless the context otherwise requires, "animal care provider" means any veterinary practice or veterinary hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary care or treatment to animals.

(2) Animal care providers shall make available the veterinary records in their custody as follows:

(a) The owner of an animal or the owner's designated representative shall have reasonable access to the animal's records for inspection;

(b) The owner or the owner's designated representative may obtain a summary of the animal's records upon request, following termination of care or treatment; and

(c) Copies of veterinary records, including digital records, digital images, diagnostic quality X rays, CT scans, MRIs, or other films, shall be furnished to:

(I) The owner or the owner's designated representative upon payment of reasonable costs; and

(II) Local law enforcement authorities and the bureau of animal protection in the department of agriculture in connection with an investigation of animal cruelty pursuant to section 18-9-202 or animal fighting pursuant to section 18-9-204.

(3) (a) Records concerning an animal's care are available to the public unless a veterinary-patient-client privilege exists with respect to the animal, as provided in section 24-72-204 (3)(a)(XIV).

(b) (I) All practicing veterinarians in this state shall maintain accurate records for every new or existing veterinarian-client-patient relationship. In the animal patient records, the licensed veterinarian shall justify and describe the assessment, diagnosis, and treatment administered or prescribed and all medications and dosages prescribed in a legible, written, printed, or electronically prepared document that is unalterable. The licensed veterinarian shall prepare the records in a manner that allows any subsequent evaluation of the same animal patient record to yield comprehensive medical, patient, and veterinarian identifying information. Licensed veterinarians shall maintain animal patient records for a minimum of three years after the animal patient's last medical examination.

(II) As part of the requirement in subsection (3)(b)(I) of this section for all practicing veterinarians in this state to maintain accurate records, each veterinarian shall create a written plan for the storage, security, and disposal of patient records to ensure that patient records are securely stored and disposed of when necessary.

(c) The board shall promulgate rules including, but not limited to, rules setting forth criteria by which animal patient records may be adapted in the case of herds, flocks, litters, large volume, or specialty veterinary practices and that identify exceptions to subsection (3)(a) of this section, if necessary, for veterinarians rendering emergency care or treatment.
C.R.S. § 12-110-101 — CO Code / Title 12 / Article 110 / Section 12-110-101
12-110-101. Short title
Status: in_force

12-110-101. Short title. The short title of this article 110 is the "Colorado Professional Boxing Safety Act".
C.R.S. § 12-245-233 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-233
12-245-233. Auricular acudetox by professionals - training - definition
Status: in_force

12-245-233. Auricular acudetox by professionals - training - definition. (1) A professional who has provided documentation that he or she has been trained to perform auricular acudetox in accordance with subsection (4) of this section may perform auricular acudetox if the auricular acudetox is performed under the professional's current scope of practice.

(2) A professional performing auricular acudetox pursuant to subsection (1) of this section shall not use the title "acupuncturist" or otherwise claim to be a person qualified to perform acupuncture beyond the scope of this section.

(3) As used in this section "auricular acudetox" means the subcutaneous insertion of sterile, disposable acupuncture needles in the following five consistent, predetermined bilateral locations:

(a) Sympathetic;

(b) Shen men;

(c) Kidney;

(d) Liver; and

(e) Lung.

(4) In order to perform auricular acudetox pursuant to subsection (1) of this section, a professional must successfully complete a training program in auricular acudetox for the treatment of substance use disorders that meets or exceeds standards of training established by the National Acupuncture Detoxification Association or another organization approved by the director.
C.R.S. § 12-10-227 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-227
12-10-227. Repeal of part - subject to review
Status: repealed

12-10-227. Repeal of part - subject to review. This part 2 is repealed, effective September 1, 2026. Before the repeal, the division, including the commission, is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-240-107 — CO Code / Title 12 / Article 240 / Section 12-240-107
12-240-107. Practice of medicine defined - exemptions from licensing requirements - unauthor
Status: repealed

12-240-107. Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules. (1) As used in this article 240, "practice of medicine" means:

(a) Holding out one's self to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease; ailment; pain; injury; deformity; physical condition; or behavioral, mental health, or substance use disorder, whether by the use of drugs, surgery, manipulation, electricity, telemedicine, the interpretation of tests, including primary diagnosis of pathology specimens, images, or photographs, or any physical, mechanical, or other means whatsoever;

(b) Suggesting, recommending, prescribing, or administering any form of treatment, operation, or healing for the intended palliation, relief, or cure of a person's physical disease; ailment; injury; condition; or behavioral, mental health, or substance use disorder;

(c) The maintenance of an office or other place for the purpose of examining or treating persons afflicted with disease; injury; or a behavioral, mental health, or substance use disorder;

(d) Using the title "M.D.", "D.O.", "physician", "surgeon", or any word or abbreviation to indicate or induce others to believe that one is licensed to practice medicine in this state and engaged in the diagnosis or treatment of persons afflicted with disease; injury; or a behavioral, mental health, or substance use disorder, except as otherwise expressly permitted by the laws of this state enacted relating to the practice of any limited field of the healing arts;

(e) Performing any kind of surgical operation upon a human being;

(f) The practice of midwifery, except:

(I) Services rendered by certified nurse-midwives or certified midwives properly licensed and practicing in accordance with part 1 of article 255 of this title 12;

(II) Repealed.

(g) The delivery of telemedicine. Nothing in this subsection (1)(g) authorizes physicians to deliver services outside their scope of practice or limits the delivery of health services by other licensed professionals, within the professional's scope of practice, using advanced technology, including, but not limited to, telehealth, as defined in section 10-16-123 (4)(e).

(2) If a person who does not possess and has not filed a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state, as provided in this article 240, and who is not exempted from the licensing requirements under this article 240, performs any of the acts that constitute the practice of medicine as defined in this section, the person shall be deemed to be practicing medicine, practicing as a physician assistant, or practicing as an anesthesiologist assistant in violation of this article 240.

(3) A person may engage in, and shall not be required to obtain a license or a physician training license under this article 240 with respect to, any of the following acts:

(a) The gratuitous rendering of services in cases of emergency;

(b) The occasional rendering of services in this state by a physician if the physician:

(I) Is licensed and lawfully practicing medicine in another state or territory of the United States without restrictions or conditions on the physician's license;

(II) Does not have any established or regularly used medical staff membership or clinical privileges in this state;

(III) Is not party to any contract, agreement, or understanding to provide services in this state on a regular or routine basis;

(IV) Does not maintain an office or other place for the rendering of such services;

(V) Has medical liability insurance coverage in the amounts required pursuant to section 13-64-302 for the services rendered in this state; and

(VI) Limits the services provided in this state to an occasional case or consultation;

(c) The practice of dentistry under the conditions and limitations defined by the laws of this state;

(d) The practice of podiatry under the conditions and limitations defined by the laws of this state;

(e) The practice of optometry under the conditions and limitations defined by the laws of this state;

(f) The practice of chiropractic under the conditions and limitations defined by the laws of this state;

(g) The practice of religious worship;

(h) The practice of Christian Science, with or without compensation;

(i) The performance by commissioned medical officers of the armed forces of the United States of America or of the United States public health service or of the United States veterans administration of their lawful duties in this state as officers;

(j) The rendering of nursing or midwifery services and delegated medical functions by registered or other nurses or certified midwives in the lawful discharge of their duties;

(k) The rendering of services by students currently enrolled in an approved medical college;

(l) The rendering of services, other than the prescribing of drugs, by persons qualified by experience, education, or training, under the personal and responsible direction and supervision of a person licensed under the laws of this state to practice medicine, but nothing in this exemption shall be deemed to extend or limit the scope of any license, and this exemption shall not apply to persons otherwise qualified to practice medicine but not licensed to practice in this state;

(m) The practice by persons licensed or registered under any law of this state to practice a limited field of the healing arts not specifically designated in this section, under the conditions and limitations defined by the law;

(n) The administration and monitoring of medications in facilities as provided in part 3 of article 1.5 of title 25;

(o) The rendering of acupuncture services subject to the conditions and limitations provided in article 200 of this title 12;

(p) The administration of nutrition or fluids through gastrostomy tubes as provided in sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i), as a part of residential or day program services provided through service agencies approved by the department of health care policy and financing pursuant to section 25.5-10-208;

(q) (I) The administration of topical and aerosol medications within the scope of physical therapy practice as provided in section 12-285-116 (2);

(II) The performance of wound debridement under a physician's order within the scope of physical therapy practice as provided in section 12-285-116 (3) or the performance of noninvasive wound debridement within the scope of practice as a physical therapist assistant as provided in section 12-285-210 (1)(f);

(r) The rendering of services by an athletic trainer subject to the conditions and limitations provided in article 205 of this title 12;

(s) (I) The rendering of prescriptions by an advanced practice registered nurse or certified midwife pursuant to section 12-255-112.

(II) On or after July 1, 2010, a physician who serves as a preceptor or mentor to an advanced practice registered nurse or certified midwife pursuant to sections 12-240-108 and 12-255-112 (4) shall have a license in good standing without disciplinary sanctions to practice medicine in Colorado and an unrestricted registration by the federal drug enforcement administration for the same schedules as the collaborating advanced practice registered nurse or certified midwife.

(III) It is unlawful and a violation of this article 240 for any person, corporation, or other entity to require payment or employment as a condition of entering into a mentorship relationship with an advanced practice registered nurse or a certified midwife pursuant to sections 12-240-108 and 12-255-112 (4), but the mentor may request reimbursement of reasonable expenses and time spent as a result of the mentorship relationship.

(t) (I) The provision, to a treating physician licensed in this state, of the results of laboratory tests, excluding histopathology tests and cytology tests, performed in a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended, 42 U.S.C. sec. 263a, to perform high complexity testing, as the term is used in 42 CFR 493.1701 and any related or successor provision;

(II) The provision, to a pathologist licensed in this state, of the results of histopathology tests and cytology tests performed in a laboratory certified under the federal "Clinical Laboratories Improvement Act of 1967", as amended, 42 U.S.C. sec. 263a, to perform high complexity testing, as the term is used in 42 CFR 493.1701 and any related or successor provision;

(u) The rendering of services by any person serving an approved internship, residency, or fellowship as defined by this article 240 for an aggregate period not to exceed sixty days;

(v) A physician lawfully practicing medicine in another state or territory providing medical services to athletes or team personnel registered to train at the United States Olympic training center at Colorado Springs or providing medical services at an event in this state sanctioned by the United States Olympic Committee. The physician's medical practice shall be contingent upon the requirements and approvals of the United States Olympic Committee and shall not exceed ninety days per calendar year.

(w) The rendering of services by an emergency medical service provider certified or licensed under section 25-3.5-203 if the services rendered are consistent with rules adopted under section 25-3.5-206 defining the duties and functions of emergency medical service providers;

(x) Rendering complementary and alternative health-care services consistent with section 6-1-724;

(y) Practicing as a medical director pursuant to the "Recognition of Emergency Medical Services Personnel Licensure Interstate Compact Act", part 35 of article 60 of title 24, so long as the person is licensed in good standing in a state that has enacted and is a member of the compact.

(4) Nothing in this section shall be construed to prohibit patient consultation between a practicing physician licensed in Colorado and a practicing physician licensed in another state or jurisdiction.

(5) All licensees designated or referred to in subsection (3) of this section, who are licensed to practice a limited field of the healing arts, shall confine themselves strictly to the field for which they are licensed and to the scope of their respective licenses and shall not use any title, word, or abbreviation mentioned in subsection (1)(d) of this section, except to the extent and under the conditions expressly permitted by the law under which they are licensed.

(6) (a) A physician assistant may not provide care unless the physician assistant has entered into a collaborative agreement with a physician licensed in good standing pursuant to this article 240 or article 290 of this title 12 or a physician group.

(b) With a collaborative agreement in place, a physician assistant licensed by the board pursuant to section 12-240-113 may perform acts within the physician assistant's education, experience, and competency that constitute the practice of medicine and acts that physicians are authorized by law to perform to the extent and in the manner authorized by rules promulgated by the board, including prescribing and dispensing medication, including controlled substances.

(c) The collaborative agreement must be kept on file at the physician assistant's primary location of practice and be made available to the board upon request.

(d) An act by a physician assistant that constitutes the practice of medicine must be consistent with generally accepted standards of medical practice. A physician assistant shall collaborate with the appropriate health-care provider as indicated by the condition of the patient, the standard of care, and the physician assistant's education, experience, and competence.

(e) An employer shall not require a licensed physician to enter into a collaborative agreement as a condition of the physician's employment.

(f) All prescriptions issued by a physician assistant must include the physician assistant's name, the name and address of the health facility, and, if the health facility is a multispecialty organization, the name and address of the speciality clinic within the health facility where the physician assistant is practicing. The dispensing of prescription medication by a physician assistant is subject to section 12-280-120 (6)(a).

(g) While performing acts included in the practice of medicine, as defined in subsection (1) of this section, a physician assistant shall clearly identify oneself, both visually and verbally, as a physician assistant. An employer, physician, or physician group must identify to patients that a physician assistant providing care is a physician assistant.

(h) Pursuant to section 12-240-135 (7), the board may apply for an injunction to enjoin any person from performing medical acts that are in violation of this section or of any rules promulgated by the board.

(i) This subsection (6) does not apply to any person who performs medical tasks within the scope of the exemption specified in subsection (3)(l) of this section.

(j) A physician assistant is liable for the care provided by the physician assistant.

(k) A physician assistant shall comply with the financial responsibility requirements specified in section 13-64-301 (1) and rules adopted by the board pursuant to that section.

(l) Pursuant to section 12-240-138 (1)(d)(I), a physician assistant is not authorized to own a majority of a medical practice.

(7) (a) A physician licensed in this state that practices as an anesthesiologist may delegate tasks constituting the practice of medicine to an anesthesiologist assistant licensed pursuant to section 12-240-112 who has been educated and trained in accordance with rules promulgated by the board. The delegated medical tasks referred to in this subsection (7)(a) are limited to the medical functions that constitute the delivery or provision of anesthesia services as practiced by the supervising physician.

(b) An anesthesiologist assistant shall perform delegated medical tasks only under the direct supervision of a physician who practices as an anesthesiologist. A patient or the patient's representative shall be advised if an anesthesiologist assistant is involved in the care of a patient. Unless approved by the board, a supervising physician shall not concurrently supervise more than three anesthesiologist assistants; except that the board may, by rule, allow an anesthesiologist to supervise up to four anesthesiologist assistants on and after July 1, 2016. The board may consider information from anesthesiologists, anesthesiologist assistants, patients, and other sources when considering a ratio change of supervision of anesthesiologist assistants. Direct supervision of anesthesiologist assistants may be transferred between anesthesiologists of the same group or practice in accordance with generally accepted standards of care.

(c) Nothing in this subsection (7) affects the practice of dentists and dental assistants practicing pursuant to article 220 of this title 12.
C.R.S. § 12-290-110 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-110
12-290-110. Podiatry training license
Status: in_force

12-290-110. Podiatry training license. (1) The board shall issue a podiatry training license to an applicant who has:

(a) Graduated from a podiatric medical school approved by the board;

(b) Passed the part I and part II examinations by the National Board of Podiatric Medical Examiners or its successor organization; and

(c) Been accepted into a podiatric residency program in Colorado.

(2) At least thirty days prior to the date the applicant begins the residency program, the applicant shall submit a statement to the board from the residency director of an approved residency program in Colorado that states the applicant meets the necessary qualifications and that the residency program accepts responsibility for the applicant's training while in the program.

(3) Where feasible, the applicant shall submit a completed application, on a form approved by the board, on or before the date on which the applicant begins the approved residency. A podiatry training license granted pursuant to this section shall expire if a completed application is not received by the board within sixty days after the applicant begins the approved residency.

(4) The board may refuse to issue a podiatric training license to an applicant who does not have the necessary qualifications, who has engaged in unprofessional conduct pursuant to section 12-290-108, or who has been disciplined by a licensing board in another jurisdiction.

(5) A person with a podiatric training license shall practice podiatry only under the supervision of a licensed podiatrist or a physician licensed to practice medicine within the residency program. A person with a podiatry training license shall not delegate podiatric or medical services to a person who is not licensed to practice podiatry or medicine and shall not have the authority to collaborate with physician assistants.

(6) The podiatry training license shall not be renewed and shall expire:

(a) No later than three years after the date the license is issued;

(b) If the training licensee is no longer participating in the residency program; or

(c) When the training licensee receives a license to practice podiatry pursuant to section 12-290-108.
C.R.S. § 12-265-112 — CO Code / Title 12 / Article 265 / Section 12-265-112
12-265-112. Licensure by endorsement
Status: in_force

12-265-112. Licensure by endorsement. The board shall issue a license by endorsement to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-10-726 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-726
12-10-726. Fee, commission, or compensation - when permitted - amount
Status: in_force

12-10-726. Fee, commission, or compensation - when permitted - amount. (1) Except as otherwise permitted by subsection (2) or (3) of this section, a mortgage loan originator shall not receive a fee, commission, or compensation of any kind in connection with the preparation or negotiation of a residential mortgage loan unless a borrower actually obtains a loan from a lender on the terms and conditions agreed to by the borrower and mortgage loan originator.

(2) If the mortgage loan originator has obtained for the borrower a written commitment from a lender for a loan on the terms and conditions agreed to by the borrower and the mortgage loan originator, and the borrower fails to close on the loan through no fault of the mortgage loan originator, the mortgage loan originator may charge a fee, not to exceed three hundred dollars, for services rendered, preparation of documents, or transfer of documents in the borrower's file that were prepared or paid for by the borrower if the fee is not otherwise prohibited by the federal "Truth in Lending Act", 15 U.S.C. sec. 1601, and Regulation Z, 12 CFR 226, as amended.

(3) A mortgage loan originator may solicit or receive fees for third-party provider goods or services in advance. Fees for any goods or services not provided shall be refunded to the borrower, and the mortgage loan originator may not charge more for the goods and services than the actual costs of the goods or services charged by the third-party provider.
C.R.S. § 12-100-124 — CO Code / Title 12 / Article 100 / Section 12-100-124
12-100-124. Investigations - findings - board actions - confidentiality of complaints
Status: in_force

12-100-124. Investigations - findings - board actions - confidentiality of complaints. (1) The board, on its own motion based on reasonable grounds or on the signed, written complaint of any person, may investigate any person who has engaged, is engaging, or threatens to engage in any act or practice that constitutes a violation of any provision of this article 100. Actions under this section are governed by section 12-20-403.

(2) (a) Complaints of record that are dismissed by the board and the results of investigation of the complaints shall be closed to public inspection.

(b) Upon completing an investigation, the board shall make one of the following findings:

(I) The complaint is without merit, and no further action need be taken.

(II) There is no reasonable cause to warrant further action.

(III) The investigation discloses an instance of conduct that does not warrant formal action and should be dismissed, but the investigation discloses indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the board shall send a confidential letter of concern to the licensee or registrant in accordance with section 12-20-404 (5).

(IV) The investigation discloses an instance of conduct that does not warrant formal action but should not be dismissed as being without merit. If this finding is made, the board may send a letter of admonition in accordance with section 12-20-404 (4) to the licensee or registrant by certified mail.

(V) The investigation discloses facts that warrant further proceedings by formal complaint. If this finding is made, the board shall refer the complaint to the attorney general for preparation and filing of a formal complaint.

(c) The board shall conduct all proceedings pursuant to subsection (1) of this section and this subsection (2) expeditiously and informally so that no licensee or registrant is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint.

(3) Complaints of record that are not dismissed by the board and are the results of investigations of the complaints shall be closed to public inspection, and any meeting concerning the complaints shall be closed to the public during the investigatory period and until a stipulated agreement is reached between the applicant or certificate holder and the board or until notice of hearing and charges are filed and served on an applicant or certificate holder. Except for confidential books of account, financial records, advice, reports, or working papers provided by the client, the certified public accountant, or the certified public accounting firm, the board's records and papers shall be subject to the provisions of sections 24-72-203 and 24-72-204 regarding public records and confidentiality.
C.R.S. § 12-220-505 — CO Code / Title 12 / Article 220 / Part 5 / Section 12-220-505
12-220-505. Interim therapeutic restorations by dental hygienists - permitting process - rul
Status: repealed

12-220-505. Interim therapeutic restorations by dental hygienists - permitting process - rules - subject to review. (1) Upon application, accompanied by a fee in an amount determined by the director, the board shall grant a permit to place interim therapeutic restorations to any dental hygienist applicant who:

(a) Holds a license in good standing to practice dental hygiene in Colorado; and

(b) Has completed a course developed at the postsecondary educational level that complies with the rules adopted by the board. The course must be offered under the direct supervision of a member of the faculty of a Colorado dental or dental hygiene school accredited by the Commission on Dental Accreditation or its successor agency. All faculty responsible for clinical evaluation of students must be dentists with a faculty appointment at an accredited Colorado dental or dental hygiene school.

(c) and (d) Repealed.

(2) Repealed.

(3) A dental hygienist shall not use local anesthesia for the purpose of placing interim therapeutic restorations.

(4) (a) A dental hygienist may place an interim therapeutic restoration only after a dentist provides a diagnosis, treatment plan, and instruction to perform the procedure.

(b) If a supervising dentist authorizes a dental hygienist to perform an interim therapeutic restoration placement at a location other than the dentist's practice location, the dental hygienist shall provide the patient or the patient's representative with written notification that the care was provided at the direction of the supervising dentist. The dental hygienist shall include in the written notification the dentist's name, practice location address, and telephone number.

(c) A dental hygienist who obtains a dentist's diagnosis, treatment plan, and instruction to perform an ITR utilizing telehealth shall notify the patient of the patient's right to receive interactive communication with the distant dentist upon request.

(5) A dental hygienist who obtains a permit pursuant to this section may place interim therapeutic restorations in a dental practice setting under the direct or indirect supervision of a dentist or through telehealth supervision for purposes of communication with the dentist.

(6) (a) A dentist shall not supervise more than five full-time equivalent dental hygienists who place interim therapeutic restorations under telehealth supervision unless granted a waiver by the board pursuant to subsection (6)(b) of this section. For purposes of patient referral for follow-up care, a dentist who supervises a dental hygienist who provides interim therapeutic restorations under telehealth supervision must have an active license in good standing issued by the board and a physical practice location in Colorado or within reasonable proximity of the location where the interim therapeutic restoration is placed.

(b) The board shall promulgate rules creating a process for a dentist to seek a waiver from the supervision limit specified in subsection (6)(a) of this section. At a minimum, the rules must specify the application process and waiver requirements.

(7) A dental hygienist shall inform the patient or the patient's legal guardian, in accordance with board rules, that the patient should follow up with a dentist as appropriate.

(8) Repealed.
C.R.S. § 12-245-219 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-219
12-245-219. Judicial review of final board actions and orders
Status: in_force

12-245-219. Judicial review of final board actions and orders. Section 12-20-408 governs judicial review of final actions and orders of a board appropriate for judicial review. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106 (11).
C.R.S. § 12-220-205 — CO Code / Title 12 / Article 220 / Part 2 / Section 12-220-205
12-220-205. Cease-and-desist orders
Status: in_force

12-220-205. Cease-and-desist orders. The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
C.R.S. § 12-315-307 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-307
12-315-307. Telesupervision
Status: in_force

12-315-307. Telesupervision. (1) A licensed veterinarian may provide, at the veterinarian's discretion, telesupervision of registered veterinary technicians for tasks that do not require direct or immediate supervision, pursuant to board rules.

(2) A supervising licensed veterinarian who has an established veterinarian-client-patient relationship may use telesupervision to supervise registered veterinary technicians who are not located on the same premises as the supervising veterinarian if:

(a) The supervising licensed veterinarian and the registered veterinary technicians are employees of the same veterinary practice location; and

(b) The veterinary professionals are registered or licensed in Colorado and the patient is located in Colorado.
C.R.S. § 12-135-307 — CO Code / Title 12 / Article 135 / Part 3 / Section 12-135-307
12-135-307. Standards of practice - cremating
Status: in_force

12-135-307. Standards of practice - cremating. (1) A crematory shall:

(a) Maintain a retort or crematory chamber that is operated at all times in a safe and sanitary manner;

(b) Employ reasonable care to minimize the risk of transmitting communicable diseases from human remains;

(c) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the crematory; and

(d) Transport human remains in a safe and sanitary manner.

(2) (a) A crematory shall not cremate human remains unless the crematory has obtained a statement containing the following from a funeral establishment, funeral director, mortuary science practitioner, or the person with the right of final disposition:

(I) The identity of the decedent;

(II) The date of death;

(III) Authorization to cremate the human remains;

(IV) The name of the person authorizing cremation and an affidavit or other document in compliance with article 19 of title 15 that the authorization complies with article 19 of title 15;

(V) A statement that the human remains do not contain an implanted device;

(VI) The name of the person authorized to receive the cremains;

(VII) A list of items delivered to the crematory along with the human remains;

(VIII) A statement as to whether the next of kin has made arrangements for a viewing or service before cremation and the date and time of any viewing or service;

(IX) A copy of the disposition permit; and

(X) A signature of a representative of any funeral establishment or the next of kin making arrangements for cremation that the representative has no actual knowledge that contradicts any information required by this subsection (2)(a).

(b) A person who signs the statement required by subsection (2)(a) of this section shall warrant the truthfulness of the facts contained therein. A person who signs the statement with actual knowledge to the contrary shall be civilly liable.

(3) (a) The crematory shall hold human remains in a cremation container and shall not remove the remains.

(b) The crematory shall cremate the human remains in a cremation container.

(c) A cremation container must:

(I) Be composed of materials suitable for cremation;

(II) Be able to be closed in order to provide a complete covering for the human remains;

(III) Be resistant to leaking or spilling;

(IV) Be rigid enough to handle with ease;

(V) Provide reasonable protection for the health and safety of crematory employees; and

(VI) Be used exclusively for the cremation of human remains.

(4) A crematory shall not cremate the human remains of more than one person within the same cremation chamber or otherwise commingle the cremains of multiple human remains unless the next of kin has signed a written authorization. No crematory is civilly liable for commingling the cremains of human remains if the next of kin has signed the written authorization.

(5) (a) A crematory shall use a tag to identify human remains and cremains. The tag must be verified, removed, and placed near the cremation chamber control panel prior to cremation. The tag must remain next to the cremation chamber until the cremation is complete.

(b) Upon the completion of each cremation, the cremationist shall remove all of the recoverable residue, insofar as is practicable, of the cremation process from the crematory and place the residue in a separate container so that the residue does not commingle with the cremated remains of other individuals. The cremationist shall dispose of accumulated residue in accordance with the regulations of a cemetery with a defined area to scatter remains and residue and any applicable local ordinances. For the purposes of this subsection (5)(b), residue does not include human ashes, bone fragments, prostheses, and disintegrated material in the chamber that is imbedded in cracks and uneven spaces of a cremation chamber and that cannot be removed through reasonable manual contact with sweeping or scraping equipment.

(c) The processed cremains shall be placed in a temporary container or urn. Any cremains that do not fit within the enclosure shall be placed in a separate temporary container or urn. Each container shall be marked with the decedent's identity and the name of the crematory. If a temporary container is used, the crematory shall disclose that the temporary container should not be used for permanent storage.

(d) If cremated remains are shipped, the crematory shall use a method that employs an internal tracking system and obtains a signed receipt from the person accepting delivery.

(6) Cremains shall not be commingled with other cremains in final disposition or scattering without written authorization from the next of kin unless the disposition or scattering occurs within a dedicated cemetery or consecrated grounds used exclusively for those purposes.

(7) (a) A crematory shall not cremate human remains containing an implanted device. If the funeral establishment that had control of the human remains failed to ensure that a device was removed, the funeral establishment is responsible for removing the device.

(b) If the person authorizing cremation fails to inform the crematory of the presence of an implanted device, the person shall be solely liable for any resulting damage to the crematory.
C.R.S. § 12-10-404 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-404
12-10-404. Single agent engaged by seller or landlord
Status: in_force

12-10-404. Single agent engaged by seller or landlord. (1) A broker engaged by a seller or landlord to act as a seller's agent or a landlord's agent is a limited agent with the following duties and obligations:

(a) To perform the terms of the written agreement made with the seller or landlord;

(b) To exercise reasonable skill and care for the seller or landlord;

(c) To promote the interests of the seller or landlord with the utmost good faith, loyalty, and fidelity, including, but not limited to:

(I) Seeking a price and terms that are acceptable to the seller or landlord; except that the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;

(II) Presenting all offers to and from the seller or landlord in a timely manner regardless of whether the property is subject to a contract for sale or a lease or letter of intent to lease;

(III) Disclosing to the seller or landlord adverse material facts actually known by the broker;

(IV) Counseling the seller or landlord as to any material benefits or risks of a transaction that are actually known by the broker;

(V) Advising the seller or landlord to obtain expert advice as to material matters about which the broker knows but the specifics of which are beyond the expertise of the broker;

(VI) Accounting in a timely manner for all money and property received; and

(VII) Informing the seller or landlord that the seller or landlord shall not be vicariously liable for the acts of the seller's or landlord's agent that are not approved, directed, or ratified by the seller or landlord;

(d) To comply with all requirements of this article 10 and any rules promulgated pursuant to this article 10; and

(e) To comply with any applicable federal, state, or local laws, rules, regulations, or ordinances including fair housing and civil rights statutes or regulations.

(2) The following information shall not be disclosed by a broker acting as a seller's or landlord's agent without the informed consent of the seller or landlord:

(a) That a seller or landlord is willing to accept less than the asking price or lease rate for the property;

(b) What the motivating factors are for the party selling or leasing the property;

(c) That the seller or landlord will agree to financing terms other than those offered;

(d) Any material information about the seller or landlord unless disclosure is required by law or failure to disclose the information would constitute fraud or dishonest dealing; or

(e) Any facts or suspicions regarding circumstances that may psychologically impact or stigmatize any real property pursuant to section 38-35.5-101.

(3) (a) A broker acting as a seller's or landlord's agent owes no duty or obligation to the buyer or tenant; except that a broker shall, subject to the limitations of section 38-35.5-101, concerning psychologically impacted property, disclose to any prospective buyer or tenant all adverse material facts actually known by the broker. The adverse material facts may include but shall not be limited to adverse material facts pertaining to the title and the physical condition of the property, any material defects in the property, and any environmental hazards affecting the property that are required by law to be disclosed.

(b) A seller's or landlord's agent owes no duty to conduct an independent inspection of the property for the benefit of the buyer or tenant and owes no duty to independently verify the accuracy or completeness of any statement made by the seller or landlord or any independent inspector.

(4) A seller's or landlord's agent may show alternative properties not owned by the seller or landlord to prospective buyers or tenants and may list competing properties for sale or lease and not be deemed to have breached any duty or obligation to the seller or landlord.

(5) A designated broker acting as a seller's or landlord's agent may cooperate with other brokers but may not engage or create any subagents.