C.R.S. § 12-285-203 — CO Code / Title 12 / Article 285 / Part 2 / Section 12-285-203
12-285-203. Limitations on authority
Status: in_force

12-285-203. Limitations on authority. (1) Nothing in this part 2 authorizes a physical therapist assistant to perform any of the following acts:

(a) Practice of medicine, surgery, or any other form of healing except as authorized by this part 2; or

(b) Use of roentgen rays and radioactive materials for therapeutic purposes, use of electricity for surgical purposes, or diagnosis of disease.

(2) A physical therapist assistant shall not practice physical therapy unless the assistant works under the supervision of a licensed physical therapist.

(3) A physical therapist assistant:

(a) Shall not perform sharp wound debridement;

(b) May perform general wound care and nonsharp debridement, including mechanical, autolytic, enzymatic, and maggot, under the supervision of a physical therapist when debridement is consistent with the scope of physical therapy practice.
C.R.S. § 12-120-204 — CO Code / Title 12 / Article 120 / Part 2 / Section 12-120-204
12-120-204. Forms of organizations permitted to practice
Status: in_force

12-120-204. Forms of organizations permitted to practice. A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 2. An entity may practice or offer to practice engineering in Colorado only if the individual in responsible charge of the entity's engineering activities performed in Colorado is a professional engineer licensed in Colorado. All engineering documents, plats, and reports issued by or for the entity in connection with engineering work performed in this state must bear the seal and signature of the Colorado-licensed professional engineer who is in responsible charge of and directly responsible for the engineering work.
C.R.S. § 12-10-613 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-613
12-10-613. Prohibited activities - grounds for disciplinary actions - procedures
Status: in_force

12-10-613. Prohibited activities - grounds for disciplinary actions - procedures. (1) A real estate appraiser is in violation of this part 6 if the appraiser:

(a) Has been convicted of a felony or has had accepted by a court a plea of guilty or nolo contendere to a felony if the felony is related to the ability to act as a real property appraiser. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the board shall be governed by the provisions of section 24-5-101.

(b) Has violated, or attempted to violate, directly or indirectly, or assisted in or abetted the violation of, or conspired to violate this part 6, a rule promulgated pursuant to this part 6, or an order of the board issued pursuant to this part 6;

(c) Has accepted any fees, compensation, or other valuable consideration to influence the outcome of an appraisal;

(d) Has used advertising that is misleading, deceptive, or false;

(e) Has used fraud or misrepresentation in obtaining a license or certificate under this part 6;

(f) Has conducted an appraisal in a fraudulent manner or used misrepresentation in any such activity;

(g) Has acted or failed to act in a manner that does not meet the generally accepted standards of professional appraisal practice as adopted by the board by rule. A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence of the act or omission, but evidence of the act or omission is not limited to a malpractice judgment.

(h) Has performed appraisal services beyond his or her level of competency;

(i) Has been subject to an adverse or disciplinary action in another state, territory, or country relating to a license, certificate, or other authorization to practice as an appraiser. A disciplinary action relating to a license or certificate as an appraiser licensed or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of licensure or certification by the board. This subsection (1)(i) applies only to violations based upon acts or omissions in the other state, territory, or country that are also violations of this part 6.

(j) Has failed to disclose in the appraisal report the fee paid to the appraiser for a residential real property appraisal if the appraiser was engaged by an appraisal management company to complete the assignment; or

(k) Has engaged in conduct that would be grounds for the denial of a license or certification under section 12-10-612.

(2) If an applicant, a licensee, or a certified person has violated any provision of this section, the board may deny or refuse to renew the license or certificate, or, as specified in subsections (3) and (6) of this section, revoke or suspend the license or certificate, issue a letter of admonition to a licensee or certified person, place a licensee or certified person on probation, or impose public censure.

(3) When a complaint or an investigation discloses an instance of misconduct by a licensed or certified appraiser that, in the opinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition to the appraiser against whom a complaint was made. The letter must advise the appraiser of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based.

(4) The board may start a proceeding for discipline of a licensee or certified person when the board has reasonable grounds to believe that a licensee or certified person has committed any act or failed to act pursuant to the grounds established in subsection (1) of this section or when a request for a hearing is timely made under subsection (3) of this section.

(5) Disciplinary proceedings shall be conducted in the manner prescribed by the "State Administrative Procedure Act", article 4 of title 24.

(6) As authorized in subsection (2) of this section, disciplinary actions by the board may consist of the following:

(a) Revocation of a license or certificate. (I) Revocation of a license or certificate by the board means that the licensed or certified person shall surrender his or her license or certificate immediately to the board.

(II) Any person whose license or certificate to practice is revoked is ineligible to apply for a license or certificate issued under this part 6 until more than two years have elapsed from the date of surrender of the license or certificate. A reapplication after the two-year period is treated as a new application.

(b) Suspension of a license or certificate. Suspension of a license or certificate by the board is for a period to be determined by the board.

(c) Probationary status. The board may impose probationary status on a licensee or certified person. If the board places a licensee or certified person on probation, the board may include conditions for continued practice that the board deems appropriate to assure that the licensee or certified person is otherwise qualified to practice in accordance with generally accepted professional standards of professional appraisal practice, as specified in board rules, including any or all of the following:

(I) A requirement that the licensee or certified person take courses of training or education as needed to correct deficiencies found in the hearing;

(II) A review or supervision of his or her practice as may be necessary to determine the quality of the practice and to correct deficiencies in the practice; and

(III) The imposition of restrictions upon the nature of his or her appraisal practice to assure that he or she does not practice beyond the limits of his or her capabilities.

(d) Public censure. If, after notice and hearing, the director or the director's designee determines that the licensee or certified person has committed any of the acts specified in this section, the board may impose public censure.

(7) In addition to any other discipline imposed pursuant to this section, a person who violates this part 6 or the rules promulgated pursuant to this article 10 may be penalized by the board, upon a finding of a violation made pursuant to article 4 of title 24, by imposition of a fine of not more than one thousand dollars per violation.

(8) A person participating in good faith in making a complaint or report or participating in an investigative or administrative proceeding before the board pursuant to this article 10 is immune from any liability, civil or criminal, that otherwise might result by reason of the action.

(9) A licensee or certified person who has direct knowledge that a person has violated this part 6 shall report his or her knowledge to the board.

(10) The board, on its own motion or upon application at any time after the imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license or certificate, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to a prior disciplinary action rests in the sole discretion of the board.
C.R.S. § 12-225-106 — CO Code / Title 12 / Article 225 / Section 12-225-106
12-225-106. Prohibited acts - practice standards - informed consent - emergency plan - risk
Status: repealed

12-225-106. Prohibited acts - practice standards - informed consent - emergency plan - risk assessment - referral - rules. (1) A direct-entry midwife shall not dispense or administer any medication or drugs except in accordance with section 12-225-107.

(2) A direct-entry midwife shall not perform any operative or surgical procedure; except that a direct-entry midwife may perform sutures of perineal tears in accordance with section 12-225-107.

(3) A direct-entry midwife shall not provide care to a pregnant woman who, according to generally accepted medical standards, exhibits signs or symptoms of increased risk of medical or obstetric or neonatal complications or problems during the completion of her pregnancy, labor, delivery, or the postpartum period. Those conditions include but are not limited to signs or symptoms of diabetes, multiple gestation, hypertensive disorder, or abnormal presentation of the fetus.

(4) A direct-entry midwife shall not provide care to a pregnant woman who, according to generally accepted medical standards, exhibits signs or symptoms of increased risk that her child may develop complications or problems during the first six weeks of life.

(5) (a) A direct-entry midwife shall keep appropriate records of midwifery-related activity, including but not limited to the following:

(I) The direct-entry midwife shall complete and file a birth certificate for every delivery in accordance with section 25-2-112.

(II) The direct-entry midwife shall complete and maintain appropriate client records for every client.

(III) Before accepting a client for care, the direct-entry midwife shall obtain the client's informed consent, which shall be evidenced by a written statement in a form prescribed by the director and signed by both the direct-entry midwife and the client. The form shall certify that full disclosure has been made and acknowledged by the client as to each of the following items, with the client's acknowledgment evidenced by a separate signature or initials adjacent to each item in addition to the client's signature at the end of the form:

(A) The direct-entry midwife's educational background and training;

(B) The nature and scope of the care to be given, including the possibility of and procedure for transport of the client to a hospital and transferral of care prenatally;

(C) A description of the available alternatives to direct-entry midwifery care, including a statement that the client understands the client is not retaining a certified nurse midwife, a nurse midwife, or a certified midwife;

(D) A description of the risks of birth, including those that are different from those of hospital birth and those conditions that may arise during delivery;

(E) A statement indicating whether or not the direct-entry midwife is covered under a policy of liability insurance for the practice of direct-entry midwifery; and

(F) A statement informing the client that, if subsequent care is required resulting from the acts or omissions of the direct-entry midwife, any physician, nurse, certified midwife, prehospital emergency personnel, and health-care institution rendering subsequent care will be held only to a standard of gross negligence or willful and wanton conduct.

(IV) (A) Until the liability insurance required pursuant to section 12-225-112 (2) is available, each direct-entry midwife shall, before accepting a client for care, provide the client with a disclosure statement indicating that the direct-entry midwife does not have liability insurance. To comply with this section, the direct-entry midwife shall ensure that the disclosure statement is printed in at least twelve-point bold-faced type and shall read the statement to the client in a language the client understands. Each client shall sign the disclosure statement acknowledging that the client understands the effect of its provisions. The direct-entry midwife shall also sign the disclosure statement and provide a copy of the signed disclosure statement to the client.

(B) In addition to the information required in subsection (5)(a)(IV)(A) of this section, the direct-entry midwife shall include the following statement in the disclosure statement and shall display the statement prominently and deliver the statement orally to the client before the client signs the disclosure statement: "Signing this disclosure statement does not constitute a waiver of any right (insert client's name) has to seek damages or redress from the undersigned direct-entry midwife for any act of negligence or any injury (insert client's name) may sustain in the course of care administered by the undersigned direct-entry midwife."

(b) As used in this subsection (5), "full disclosure" includes reading the informed consent form to the client, in a language understood by the client, and answering any relevant questions.

(6) A direct-entry midwife shall prepare a plan, in the form and manner required by the director, for emergency situations. The plan must include procedures to be followed in situations in which the time required for transportation to the nearest facility capable of providing appropriate treatment exceeds limits established by the director by rule. A copy of the plan shall be given to each client as part of the informed consent required by subsection (5) of this section.

(7) A direct-entry midwife shall prepare and transmit appropriate specimens for newborn screening in accordance with section 25-4-1004 and shall refer every newborn child for evaluation, within seven days after birth, to a licensed health-care provider with expertise in pediatric care.

(8) A direct-entry midwife shall ensure that appropriate laboratory testing, as determined by the director, is completed for each client.

(9) (a) A direct-entry midwife shall provide eye prophylactic therapy to all newborn children in the direct-entry midwife's care in accordance with section 25-4-301.

(b) A direct-entry midwife shall inform the parents of all newborn children in the direct-entry midwife's care of the importance of critical congenital heart defect screening using pulse oximetry in accordance with section 25-4-1004.3. If a direct-entry midwife is not properly trained in the use of pulse oximetry or does not have the use of or own a pulse oximeter, the direct-entry midwife shall refer the parents to a health-care provider who can perform the screening. If a direct-entry midwife is properly trained in the use of pulse oximetry and has the use of or owns a pulse oximeter, the direct-entry midwife shall perform the critical congenital heart defect screening on newborn children in the direct-entry midwife's care in accordance with section 25-4-1004.3.

(10) A direct-entry midwife shall be knowledgeable and skilled in aseptic procedures and the use of universal precautions and shall use them with every client.

(11) To assure that proper risk assessment is completed and that clients who are inappropriate for direct-entry midwifery are referred to other health-care providers, the director shall establish, by rule, a risk assessment procedure to be followed by a direct-entry midwife for each client and standards for appropriate referral. The assessment shall be a part of each client's record as required in subsection (5)(a)(II) of this section.

(12) Repealed.

(13) A registered direct-entry midwife may purchase, possess, carry, and administer oxygen. The department shall promulgate rules concerning minimum training requirements for direct-entry midwives with respect to the safe administration of oxygen. Each registrant shall complete the minimum training requirements and submit proof of having completed the requirements to the director before administering oxygen to any client.

(14) A registrant shall not practice beyond the scope of the registrant's education and training.
C.R.S. § 12-300-101 — CO Code / Title 12 / Article 300 / Section 12-300-101
12-300-101. Short title
Status: in_force

12-300-101. Short title. The short title of this article 300 is the "Respiratory Therapy Practice Act".
C.R.S. § 12-240-136 — CO Code / Title 12 / Article 240 / Section 12-240-136
12-240-136. Existing licenses
Status: in_force

12-240-136. Existing licenses. (1) Nothing in this article 240 shall be construed to invalidate or affect the license of any person holding a valid, unrevoked, and unsuspended license to practice medicine in this state on July 1, 1951, except as otherwise provided by this article 240.

(2) Nothing in this article 240 shall be construed to invalidate the license of any person holding a valid, unrevoked, and unsuspended license on June 30, 1979, to practice medicine in this state or to affect any disciplinary proceeding or appeal pending on June 30, 1979, or any appointment to the board, the inquiry panel, or the hearings panel made on or before June 30, 1979.
C.R.S. § 12-155-120 — CO Code / Title 12 / Article 155 / Section 12-155-120
12-155-120. Inspection - plumbing permits - application - standards - definition
Status: in_force

12-155-120. Inspection - plumbing permits - application - standards - definition. (1) (a) Any plumbing or gas piping installation in any new construction or remodeling or repair, other than manufactured units or tiny homes inspected in accordance with article 32 of title 24, and except for new construction or remodeling or repair in any incorporated town or city, county, or city and county, or in a building owned or leased or on land owned by a qualified state institution of higher education where the local entity or qualified state institution of higher education conducts inspections and issues plumbing permits, referred to within this section as "permits", must be inspected by a state plumbing inspector.

(b) A state plumbing inspector shall inspect any new construction, remodeling, or repair subject to this subsection (1) within three working days after the receipt of the application for inspection.

(c) (I) Prior to the commencement of any plumbing or gas piping installation, the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required fee.

(II) (A) Only a qualified applicant may apply for a permit pursuant to this subsection (1). A licensed master plumber who is not a registered plumbing contractor and who is operating as an independent contractor for another business shall not apply for a permit pursuant to this subsection (1).

(B) Before issuing a permit pursuant to this subsection (1), the board or, if applicable, the local entity or qualified state institution of higher education that conducts inspections and issues permits shall verify that the permit applicant is a qualified applicant.

(C) The entity issuing the permit may use the permit application process to verify compliance with this subsection (1).

(d) Every mobile home, tiny home, or movable structure owner shall have the plumbing and gas piping hookup for the mobile home, tiny home, or movable structure inspected prior to obtaining new or different plumbing or gas service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (1)(d).

(e) A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 155 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution, and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of section 12-155-108 have been met. A qualified state institution of higher education shall enforce standards that are at least as stringent as any minimum standards adopted by the board.

(2) (a) A state plumbing inspector shall inspect the work performed, and, if the work meets the minimum standards set forth in the Colorado plumbing code referred to in section 12-155-106, the inspector shall issue a certificate of approval.

(b) (I) If the installation is disapproved, the inspector shall give written notice together with the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the plumbing or gas service to the installation discontinued until the installation is rendered safe. The qualified applicant may appeal the disapproval to the board, and the board shall grant the qualified applicant a hearing within seven days after notice of appeal is filed with the board.

(II) After removing the cause of the disapproval, the qualified applicant shall apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.

(3) (a) All permits issued by the board are valid for a period of twelve months. The board shall close a permit and mark its status as "expired" at the end of the twelve-month renewal period, except in the following circumstances:

(I) If a qualified applicant demonstrates at the time of application for a permit that the plumbing or gas piping work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.

(II) If the qualified applicant notifies the board prior to the expiration of the twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.

(b) If a qualified applicant requests an inspection after a permit has expired or has been canceled, the qualified applicant must apply for and be granted a new permit before an inspection is performed.

(4) Each application, certificate of approval, and notice of disapproval shall contain the name of the property owner, if known, the location and a brief description of the installation, the name of the general contractor if any, the name of the plumbing contractor or licensed plumber and state license number in the case of any plumbing installation, the name of the installer in the case of any liquefied petroleum gas piping installation, the state plumbing inspector, and the inspection fee charged for the inspection. The original of a notice of disapproval and written reasons for disapproval and corrective actions to be taken shall be mailed to the board, and a copy of the notice shall be mailed to the plumbing contractor in the case of any plumbing installation or the installer in the case of any liquefied petroleum gas piping installation, within two working days after the date of inspection, and a copy of the notice shall be posted at the installation site. The forms shall be furnished by the board, and a copy of each application, certificate, and notice made or issued shall be filed with the board.

(5) Notwithstanding the fact that any incorporated town or city, any county, or any city and county in which a public school is located or is to be located has its own plumbing code and inspection authority, any plumbing or gas piping installation in any new construction or remodeling or repair of a public school shall be inspected by a state plumbing inspector.

(6) If an incorporated town or city, county, city and county, or qualified state institution of higher education intends to commence or cease performing plumbing or gas piping inspections in its respective jurisdiction, or for its buildings owned or leased or on its land, written notice of such intent must be given to the board.

(7) (a) A person claiming to be aggrieved by the failure of a state plumbing inspector to inspect the person's property after proper application or by notice of disapproval without setting forth the reasons for denying the permit may request the program director to review the actions of the plumbing inspector or the manner of the inspection. The request may be made by the person's authorized representative and must be in writing.

(b) Upon the filing of the request, the program director shall cause a copy of the request to be served upon the state plumbing inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.

(c) If the request is not granted within ten days after it is filed, it may be treated as rejected. A person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.

(d) Any hearing before the board shall be held pursuant to the provisions of section 24-4-105.

(8) If an incorporated town or city, county, city and county, or qualified state institution of higher education intends to commence or cease performing plumbing inspections in its jurisdiction or for the buildings owned or leased by or on land of a qualified state institution of higher education, it shall commence or cease the same only as of July 1 of any year, and written notice of intent must be given to the board on or before October 1 of the preceding calendar year. If notice is not given and the use of state plumbing inspectors is required within the respective jurisdiction or building affected by the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring inspections shall reimburse the board for any expenses incurred in performing inspections, in addition to transmitting the required permit fees.

(9) A qualified state institution of higher education may choose not to require fees as part of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 155. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection.

(10) (a) An inspector performing an inspection for the state, an incorporated town or city, county, city and county, or qualified state institution of higher education, referred to in this subsection (10) as an "inspecting entity", shall verify compliance with this article 155.

(b) (I) Inspections performed by an inspecting entity must include, for each project, a contemporaneous review to ensure compliance with sections 12-155-108 and 12-155-124. A contemporaneous review may include a full or partial review of the plumbers and apprentices working at a job site being inspected.

(II) To ensure that enforcement is consistent, timely, and efficient, each inspecting entity employing inspectors shall develop standard procedures to advise its inspectors on how to conduct a contemporaneous review. An inspecting entity's standard procedures need not require a contemporaneous review for each inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-155-108 and 12-155-124 at any time. Each inspecting entity's procedures must include provisions that allow for inspectors to:

(A) Conduct occasional, random, on-site inspections while actual plumbing work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the inspecting entity; and

(B) Request documentation indicating who performed the plumbing work to ensure compliance with sections 12-155-108 and 12-155-124.

(III) Each inspecting entity subject to subsection (10)(b)(II) of this section, including the state, shall post its current procedures regarding contemporaneous reviews in a prominent location on its public website and provide the director with a link to the web page on which the procedures have been posted or, if an inspecting entity does not have a website, provide its current procedures to the director for posting on the board's website.

(IV) An inspector may file a complaint with the board for any violation of this article 155.

(c) (I) The board shall ensure compliance with this section. If the board determines, as a result of a formal complaint, that an inspecting entity is conducting plumbing inspections that do not comply with this section, the board may issue to the inspecting entity an order to show cause, in accordance with section 12-155-105 (1)(m), as to why the board should not issue a final order directing the inspecting entity to cease and desist conducting plumbing inspections until the inspecting entity comes into compliance to the satisfaction of the board.

(II) The board shall not issue a cease-and-desist order to an inspecting entity because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.

(III) If the use of state plumbing inspectors is required after the issuance of a final cease-and-desist order pursuant to this subsection (10)(c), the inspecting entity shall reimburse the board for any expenses incurred in performing the inspecting entity's inspections, in addition to transmitting the required permit fees.

(11) As used in this section, "qualified applicant" means:

(a) A licensed master plumber, including a licensed master plumber who is operating as a sole proprietor, so long as the licensed master plumber is also a registered plumbing contractor;

(b) A licensed master plumber who is directly employed by a registered plumbing contractor; or

(c) A homeowner performing work on the homeowner's home.
C.R.S. § 12-220-602 — CO Code / Title 12 / Article 220 / Part 6 / Section 12-220-602
12-220-602. Minimum standards - rules - definition
Status: in_force

12-220-602. Minimum standards - rules - definition. (1) (a) The board shall adopt rules prescribing minimum standards for the qualifications, education, and training of unlicensed persons operating machine sources of ionizing radiation and administering radiation to patients for diagnostic medical use. A licensed dentist, dental therapist, or dental hygienist shall not allow an unlicensed person to operate a machine source of ionizing radiation or to administer radiation to any patient unless the person meets standards then in effect under rules adopted pursuant to this section. The board may adopt rules allowing a grace period in which newly hired operators of machine sources of ionizing radiation are to receive the training required by this section.

(b) As used in this part 6, "unlicensed person" means a person who does not hold a current and active license entitling the person to practice dentistry, dental therapy, or dental hygiene under this article 220.

(2) The board shall seek the assistance of licensed dentists, dental therapists, or dental hygienists in developing and formulating the rules promulgated pursuant to this section.

(3) The board shall establish by rule the required number of hours of training and education for all unlicensed persons operating machine sources of ionizing radiation and administering radiation to patients. This standard shall apply to all persons in dental settings other than hospitals and similar facilities licensed by the department of public health and environment pursuant to section 25-1.5-103. The training and education may be obtained through programs approved by the appropriate authority of any state or through equivalent programs and training experience, including on-the-job training as determined by the board.
C.R.S. § 12-255-102 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-102
12-255-102. Legislative declaration
Status: in_force

12-255-102. Legislative declaration. (1) The general assembly hereby declares it to be the policy of this state that, 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 the unauthorized, unqualified, and improper application of services by individuals in the practice of nursing and the practice as a certified midwife, it is necessary that a proper regulatory authority be established. The general assembly further declares it to be the policy of this state to regulate the practice of nursing and the practice as a certified midwife through a state agency with the power to enforce this article 255.

(2) It is declared to be the policy of the state of Colorado that, in order to safeguard life, health, property, and the public welfare of the people of the state of Colorado, and in order to protect the people of the state of Colorado against unauthorized, unqualified, and improper application of services by nurse aides in a medical facility, it is necessary that a proper regulatory authority be established. The general assembly further declares it to be the policy of this state to regulate the practice of nurse aides in medical facilities through a state agency with the power to enforce the provisions of this article 255 that pertain to the practice of nurse aides. Any person who practices as a nurse aide in a medical facility without qualifying for proper certification and without submitting to the regulations provided in this article 255 endangers the public health thereby. The general assembly hereby finds and declares that the provisions of this article 255 that pertain to the practice of nurse aides will meet the requirements of the federal "Omnibus Budget Reconciliation Act of 1987", as amended, Pub.L. 100-203, 101 Stat. 1330.
C.R.S. § 12-245-802 — CO Code / Title 12 / Article 245 / Part 8 / Section 12-245-802
12-245-802. State board of addiction counselor examiners - created - members - terms
Status: in_force

12-245-802. State board of addiction counselor examiners - created - members - terms. (1) There is created a state board of addiction counselor examiners under the supervision and control of the division. The state board of addiction counselor examiners is a type 1 entity, as defined in section 24-1-105. Once the governor appoints the board members and the board adopts necessary rules, the board is responsible for regulating addiction counselors pursuant to this part 8 and this article 245.

(2) The board consists of seven members who are residents of the state of Colorado. The governor shall appoint the members of the board as follows:

(a) (I) Four board members must be licensed or certified addiction counselors, and except as provided in subsection (2)(a)(II) of this section, at least two of these four members must be engaged in the direct practice of addiction counseling. The four board members appointed pursuant to this subsection (2)(a) must include at least one licensed addiction counselor and at least one certified addiction counselor.

(II) If, after a good-faith attempt, the governor determines that a licensed or certified addiction counselor who is engaged in the direct practice of addiction counseling is not available to serve on the board for a particular term, the governor may appoint a licensed or certified addiction counselor who is not engaged in the direct practice of addiction counseling to serve on the board pursuant to this subsection (2)(a).

(b) Three board members must be representatives of the general public, one of whom may be an addiction counseling consumer or family member of an addiction counseling consumer. These individuals must have never been addiction counselors, applicants, or former applicants for licensure or certification as an addiction counselor, members of another mental health profession, members of households that include addiction counselors or any other mental health professional, or otherwise have conflicts of interest or the appearance of a conflict with their duties as board members.

(3) Each board member shall hold office until the expiration of the member's appointed term or until a successor is duly appointed. The term of each member is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A board member shall not serve more than two full consecutive terms. The governor shall fill a vacancy occurring in board membership, other than by expiration of a term, by appointment for the unexpired term of the member.

(4) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty include the failure of board members to attend three consecutive meetings or at least three-fourths of the total meetings in any calendar year.
C.R.S. § 12-120-403 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-403
12-120-403. Exemptions - definitions
Status: in_force

12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following:

(a) One-, two-, three-, and four-family dwellings, including accessory buildings commonly associated with those dwellings;

(b) Garages, industrial buildings, offices, farm buildings, and buildings for the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons;

(c) Additions, alterations, or repairs to the buildings referred to in subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1);

(d) Nonstructural alterations of any nature to any building if the alterations do not affect the life safety of the occupants of the building.

(2) Nothing in this part 4 shall prevent, prohibit, or limit any municipality or county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county.

(3) Nothing in this part 4 shall be construed as curtailing or extending the rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12.

(4) Nothing in this part 4 shall be construed as prohibiting the practice of architecture by any employee of the United States government or any bureau, division, or agency of the United States government while in the discharge of the employee's official duties.

(5) Nothing in this part 4 shall be construed to prevent the independent employment of a licensed professional engineer practicing pursuant to part 2 of this article 120.

(6) (a) Except as provided in subsection (6)(b) of this section, nothing in this part 4 prevents an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which city, city and county, or regional building authority may approve the filing in the same manner as for other professions and may only reject the filing for a reason provided in law, which reason may be based on a local government's ordinance, resolution, or building code adoption policy.

(b) (I) Interior designers shall not be engaged in the construction of:

(A) The structural frame system supporting a building;

(B) Mechanical, plumbing, heating, air conditioning, ventilation, or electrical vertical transportation systems;

(C) Fire-rated vertical shafts in any multistory structure;

(D) Fire-related protection of structural elements;

(E) Smoke evacuation and compartmentalization;

(F) Emergency sprinkler systems;

(G) Emergency alarm systems; or

(H) Any other alteration affecting the life safety of the occupants of a building outside the content of the interior design documents and specifications listed in subsection (6)(a) of this section.

(II) An interior designer shall, as a condition of filing interior design documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force. An interior designer is not subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section.

(c) As used in this subsection (6), "interior designer" means a person who:

(I) Engages in:

(A) Consultation, study, design analysis, drawing, space planning, and specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building;

(B) Preparing and submitting interior design documents for the purpose of obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;

(C) Designing for fabrication nonstructural elements within and surrounding interior spaces of buildings; or

(D) The administration of design construction and contract documents, as the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and

(II) Possesses written documentation that the interior designer:

(A) and (B) (Deleted by amendment, L. 2020.)

(C) Has met the education and experience requirements of, and has subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization; and

(D) Maintains active certification with the Council for Interior Design Qualification or its successor organization.

(d) As used in this subsection (6), "nonstructural or nonseismic" includes interior elements or components that are not load-bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(7) Nothing in this article 120 shall prohibit a person who is licensed to practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project.

(8) Nothing in this section authorizes an individual, including an individual authorized to engage in conduct under subsection (6) of this section, to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign, or seal plans with respect to such practice or in connection with any governmental permit unless the individual is licensed or otherwise permitted by law to so act.
C.R.S. § 12-130-107 — CO Code / Title 12 / Article 130 / Section 12-130-107
12-130-107. Powers and duties of board - rules
Status: in_force

12-130-107. Powers and duties of board - rules. (1) The board shall have the following powers and duties:

(a) To promulgate rules pursuant to section 12-20-204;

(b) To examine license applicants for qualifications;

(c) To review special cases as authorized in this article 130;

(d) To grant the licenses of duly qualified applicants to practice landscape architecture in accordance with this article 130;

(e) To adopt and use a seal;

(f) To conduct hearings in accordance with sections 12-20-403 and 24-4-105 upon complaints concerning the conduct of landscape architects;

(g) To refer for prosecution by the district attorney or the attorney general persons violating this article 130;

(h) To require a licensed landscape architect to have a stamp as prescribed by the board; and

(i) To take disciplinary or other action as authorized in section 12-20-404 against or censure any person who, while holding a landscape architect license, violates any provision of this article 130; issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; or impose other conditions or limitations on a licensee.
C.R.S. § 12-20-105 — CO Code / Title 12 / Article 20 / Part 1 / Section 12-20-105
12-20-105. Fee adjustments - division of professions and occupations cash fund created - le
Status: repealed

12-20-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account created - general fund transfer - definition - repeal. (1) This section applies to all activities of the division and all regulators.

(2) (a) The director shall propose, as part of the division's annual budget request, an adjustment in the amount of each fee that each regulator is authorized by law to collect. The budget request and the adjusted fees for each regulator must reflect direct and indirect costs that are appropriated in the annual general appropriation act.

(b) (I) Except as otherwise provided in subsection (2)(b)(II) of this section, based upon the appropriation made and subject to the approval of the executive director, each regulator shall adjust the fees the regulator is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs.

(II) The costs of the state board of psychologist examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of social work examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners shall be considered collectively in the renewal fee-setting process. Subsequent revenue generated by the fees set by the boards plus revenues generated pursuant to section 12-245-703 shall be compared to those collective costs to determine recovery of direct and indirect costs.

(III) The fees set pursuant to this subsection (2)(b) remain in effect for the fiscal year for which the budget request applies.

(3) All fees collected by a regulator, not including any fees retained by contractors as established pursuant to section 24-34-101 (10), shall be transmitted to the state treasurer, who shall credit them to the division of professions and occupations cash fund, which fund is hereby created. All money credited to the division of professions and occupations cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund.

(4) Any fees established pursuant to section 24-34-101 (10) or (11) may be received by a contractor and retained as payment for the costs of examination or other services rendered pursuant to the contract with the executive director. Fees retained by a contractor and not collected by the state or deposited with the state treasurer are not subject to article 36 of title 24.

(5) (a) The excise tax collected pursuant to section 12-20-104 shall be credited to the legal defense account, which account is hereby created within the division of professions and occupations cash fund. The excise tax is the sole source of funding for the account, and no other fee or portion of a fee collected by a regulator and credited to the division of professions and occupations cash fund shall be deposited in or transferred to the account. The account shall be used to supplement revenues received by the division but shall only be used for the purpose of paying legal expenses incurred by a regulator. Upon a determination of the need of a regulator for additional revenues for the payment of legal expenses, the director may authorize the allocation of revenues from the legal defense account to a regulator for legal expenses.

(b) For purposes of this subsection (5), "legal expenses" includes costs relating to holding administrative hearings and charges for legal services provided by the department of law, administrative law judge services, investigative services, expert witnesses, and consultants.

(6) Each July 1, whenever money appropriated to the division for the activities of a regulator for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the regulator. If a supplemental appropriation is made to the division for the activities of a regulator, the fees of the regulator, when adjusted for the fiscal year following the fiscal year in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Money appropriated to the division in the annual long appropriation bill shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the regulators.

(7) (a) On July 1, 2022, the state treasurer shall transfer eleven million seven hundred twenty thousand two hundred seventy-eight dollars from the general fund to the division of professions and occupations cash fund. The money transferred pursuant to this subsection (7)(a) is not subject to annual appropriation by the general assembly. The division shall use the money transferred pursuant to this subsection (7)(a) beginning in the 2022-23 state fiscal year and until the amount is fully expended to fund the costs of the state board of nursing in administering articles 255 and 295 of this title 12.

(b) This subsection (7) is repealed, effective July 1, 2025.

(8) (a) On July 1, 2022, the state treasurer shall transfer three million six hundred ninety-eight thousand five hundred eighty-six dollars from the general fund to the division of professions and occupations cash fund. The money transferred pursuant to this subsection (8)(a) is not subject to annual appropriation by the general assembly. The division shall use the money transferred pursuant to this subsection (8)(a) beginning in the 2022-23 state fiscal year and until the amount is fully expended to fund the costs of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners in administering article 245 of this title 12.

(b) This subsection (8) is repealed, effective July 1, 2025.
C.R.S. § 12-100-119 — CO Code / Title 12 / Article 100 / Section 12-100-119
12-100-119. Inactive certificant
Status: repealed

12-100-119. Inactive certificant. (Repealed)
C.R.S. § 12-245-211 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-211
12-245-211. Collaborate with physician
Status: in_force

12-245-211. Collaborate with physician. In order to provide for the diagnosis and treatment of medical problems, a licensee, registrant, or certificate holder shall collaborate with a physician licensed under the laws of this state, except when practicing pursuant to section 12-245-202 (14). A licensee, registrant, or certificate holder shall not diagnose, prescribe for, treat, or advise a client with reference to medical problems.
C.R.S. § 12-100-123 — CO Code / Title 12 / Article 100 / Section 12-100-123
12-100-123. Hearings before board - notice - procedure - review
Status: in_force

12-100-123. Hearings before board - notice - procedure - review. (1) (a) The board may initiate proceedings under this article 100, either on its own motion or on the complaint of any person.

(b) The board, through the department, may employ administrative law judges on a full-time or part-time basis to conduct hearings as provided by this article 100 or on any matter within the board's jurisdiction upon such conditions and terms as the board may determine.

(2) Except as otherwise provided in this article 100, all proceedings before the board with respect to the denial, suspension, or revocation of certificates or registrations issued under this article 100 shall be conducted pursuant to the provisions of sections 12-20-403, 24-4-104, and 24-4-105.

(3) If, after having been served with the notice of hearing as provided for in this section, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against the accused and may enter such order as is justified by the evidence, which order shall be final unless the accused petitions for a review thereof as provided in this section. Within thirty days after the date of any order, upon a showing of good cause for failing to appear and defend, the board may reopen the proceedings and may permit the accused to submit evidence in his or her behalf.

(4) At all hearings, the attorney general of this state or one of the attorney general's designated assistants shall appear and represent the board.

(5) The decision of the board shall be by majority vote thereof.
C.R.S. § 12-170-105 — CO Code / Title 12 / Article 170 / Section 12-170-105
12-170-105. Director powers and duties - prohibition - rules
Status: repealed

12-170-105. Director powers and duties - prohibition - rules. (1) In addition to any other powers and duties granted or imposed on the director pursuant to this article 170 or by any other law, the director has the following powers and duties:

(a) To promulgate rules pursuant to section 12-20-204 concerning the following subjects:

(I) Requirements for the safe provision of regulated natural medicine, regulated natural medicine product, and natural medicine services to a participant, including:

(A) Parameters for a preparation session, an administration session, and an integration session, including requirements for providing and verifying the completion of each session; whether any of the sessions may be conducted using telephone or audio-visual communication technology; and any timeliness requirements for when each session must be completed in relation to the other sessions;

(B) Health and safety warnings that must be provided to a participant before the preparation session, administration session, and integration session begin;

(C) Educational materials that must be provided to a participant before the preparation session, administration session, and integration session begin;

(D) A form that a participant, a facilitator, and an authorized representative of the healing center must sign, unless the facilitator is a sole practitioner, then only the participant and facilitator must sign, before the preparation session, administration session, and integration session begin. At a minimum, the form must provide that the participant provided the participant's complete and accurate health information to the facilitator and that the facilitator provided to the participant identified risk factors based upon the participant's provided health information and drug contraindications; participant expectations of the natural medicine services; parameters for physical contact during natural medicine services, the requirement of informed consent permitting physical contact, and the right to withdraw consent for physical contact; and risks of participating in natural medicine services.

(E) Proper supervision by the facilitator during the administration session and requirements to ensure that the participant has a discharge plan or safe transportation from the healing center;

(F) Provisions for group administration sessions, including requirements for an administration session that has one or more facilitators performing and supervising the administration session for more than one participant;

(G) Provisions to permit a facilitator to refuse to provide natural medicine services to a person based upon health and safety risks or circumstances promulgated by rule; and

(H) The dosage limit of regulated natural medicine or regulated natural medicine product that may be provided to a participant for consumption during an administration session;

(II) Requirements for the licensing of facilitators, practice of facilitation, and professional conduct of facilitators, including:

(A) The form and procedures for applying for a new license or renewing or reinstating a license issued pursuant to this article 170;

(B) The educational and experiential requirements and qualifications for an individual to become a facilitator, including education and training on participant safety, drug interactions, contraindications, mental health and state, physical health and state, social and cultural considerations, preparation, administration, integration, and ethics. The educational requirements must not require a professional license or professional degree other than a facilitator license issued pursuant to this article 170; except that, if there are multiple tiers of facilitator licenses, an advanced tier of facilitator licenses may require another professional license or professional degree.

(C) Oversight and supervision requirements, including professional responsibility standards and continuing education requirements;

(D) Establishment of professional standards of conduct to practice facilitation or a license, registration, permit, or certification pursuant to this article 170;

(E) Parameters for physical contact with a participant during natural medicine services, including requirements for obtaining signed informed consent for permissible physical contact and permitting a participant to withdraw consent for permissible physical contact with a participant in any manner and at any time;

(F) Permitting remuneration for the provision of natural medicine services;

(G) Permitting provision of group administration sessions by one facilitator who is performing and supervising the administration session for more than one participant and establishing a limit on the total number of participants who may participate in a group administration session that is performed and supervised by one facilitator;

(H) Record-keeping, privacy, and confidentiality requirements for licensees, registrants, permittees, and certificate holders, including protections preventing disclosure of a prospective participant's or participant's personally identifiable information to the public, third parties, or any government agency, except as allowed for purposes expressly stated pursuant to this article 170, rules promulgated pursuant to this article 170, article 50 of title 44, rules promulgated pursuant to article 50 of title 44, or for state or local law enforcement agencies to access records and information for other state or local law enforcement. The information or records related to a participant constitute medical data as described in section 24-72-204 (3)(a)(I), and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding.

(I) Parameters for a facilitator's permissible and prohibited financial interests in a healing center, license pursuant to this article 170, or license pursuant to article 50 of title 44; except that a facilitator may not have a financial interest in more than five natural medicine business licenses pursuant to article 50 of title 44;

(J) Parameters for a facilitator to provide and supervise natural medicine services at an authorized location that is not a healing center's licensed premises, including a health-care facility or a private residence;

(K) Standards for advertising and marketing a licensee's services, including: Avoiding the misappropriation and exploitation of the federally recognized American tribes and Indigenous people, communities, cultures, and religions; avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services; prohibiting advertising and marketing of natural medicine, natural medicine product, and natural medicine services directed to individuals who are under twenty-one years of age; and other parameters determined necessary by the director;

(L) The approval of educational programs in the state intended to prepare individuals for licensure under this article 170, including approving curricula, conducting surveys, and establishing standards for the educational programs; denial of, approval of, and withdrawal of approval from an educational program for failure to meet required standards established by this article 170 or rules adopted by the director; establishment of standards to determine whether institutions outside this state are deemed to have acceptable educational programs and whether graduates of institutions outside this state are deemed to be graduates of approved educational programs for the purpose of licensure under this article 170; and determination of when accreditation of an education program by another state may serve as a basis for approval of licensure;

(M) The approval of facilitator education and training programs pursuant to subsection (5)(a) of this section;

(III) Any rules necessary to differentiate between the types of regulated natural medicine or regulated natural medicine product provided for participant consumption during an administration session based on qualities, traditional uses, and safety profile;

(IV) Any rules determined necessary by the director related to the powers or duties granted or imposed on the director pursuant to this article 170 or by any other law; and

(V) Any other matters determined necessary by the director to implement or administer this article 170;

(b) Beginning on or before December 31, 2024, to review applications in the form and manner determined by the director for new licenses, registrations, permits, or certificates after payment of the required fee and to grant or deny licenses, registrations, permits, or certificates as provided in this article 170 or a rule promulgated pursuant to this article 170. The division shall prioritize reviewing applications from applicants who have established residency in Colorado.

(c) To establish licenses, registrations, permits, or certificates determined necessary by the director to implement or administer this article 170, and to establish eligibility requirements and privileges under the licenses, registrations, permits, or certificates;

(d) To establish, when financially feasible, procedures, policies, and programs to ensure this article 170 and rules promulgated pursuant to this article 170 are equitable and inclusive and promote the licensing, registration, and permitting of, and provision of natural medicine and natural medicine product to, persons from communities that have been disproportionately harmed by high rates of arrest for controlled substances, persons who face barriers to health-care access, persons who have traditional, tribal, or Indigenous history with natural medicine or natural medicine product, or persons who are veterans. The director may consult the board when considering procedures, policies, and programs pursuant to this subsection (1)(d).

(e) To conduct investigations and hearings, gather evidence, and pursue disciplinary actions pursuant to sections 12-20-403, 12-20-404, and 24-4-105 and this article 170, with respect to licenses, registrations, permits, or certificates when the director has reasonable cause to believe that a person is violating this article 170 or a rule promulgated pursuant to this article 170, in all matters relating to the exercise and performance of the powers and duties vested in the director;

(f) To take disciplinary or other action as authorized in section 12-20-404 or limit the scope of practice of an applicant, licensee, registrant, permittee, or certificate holder upon proof of a violation of this article 170 or a rule promulgated pursuant to this article 170;

(g) To issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405;

(h) (I) Repealed.

(II) To apply to any court of competent jurisdiction to temporarily restrain or preliminarily or permanently enjoin the act in question of an individual who or entity that is not licensed, registered, permitted, or certified pursuant to this article 170 and to enforce compliance with this article 170 or a rule promulgated pursuant to this article 170 whenever it appears to the director upon sufficient evidence satisfactory to the director that an individual or entity has been or is committing an act prohibited by this article 170 or a rule promulgated pursuant to this article 170, and the act:

(A) Threatens public health or safety; or

(B) Constitutes an unlawful act for which the individual or entity does not hold the required license, registration, permit, or certificate pursuant to this article 170 or a rule promulgated pursuant to this article 170;

(i) To maintain and update an online list that is accessible to the public of licensees, registrants, permittees, and certificate holders that includes whether the licensee, registrant, permittee, or certificate holder has had its license, registration, permit, or certificate limited, suspended, or revoked in accordance with a disciplinary action pursuant to this article 170;

(j) In coordination with the state licensing authority pursuant to section 44-50-202 (1)(k), annually publish a publicly available report concerning the implementation and administration of this article 170 and article 50 of title 44. The report must use relevant data, as determined by the director and the state licensing authority, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant.

(k) Perform other functions and duties necessary to administer this article 170.

(2) The director shall consult the board when considering and promulgating rules pursuant to this article 170.

(3) The division has authority to collect available and relevant data necessary to perform functions and duties necessary to administer this article 170.

(4) The director or a division employee with regulatory oversight responsibilities for licensees, permittees, registrants, or certificate holders pursuant to this article 170 shall not work for, represent, provide consulting services to, or otherwise derive pecuniary gain from a licensee, permittee, registrant, or certificate holder that is regulated pursuant to this article 170 or any other business established for the primary purpose of providing services to the natural medicine industry for a period of six months after the employee's last day of employment with the division.

(5) (a) The director may approve a facilitator education and training program and adopt rules pursuant to subsection (1)(a) of this section.

(b) A person seeking approval of an education and training program to prepare individuals for licensure as a facilitator shall apply to the director and submit evidence that the proposed education and training program complies with this article 170 and rules adopted by the director pursuant to subsection (1)(a) of this section.

(c) To be approved pursuant to this subsection (5), an education and training program must include all items required by subsection (1)(a)(II)(B) of this section, including a curriculum and materials that will provide a basic level of both knowledge and demonstrable skills for each individual completing the program and any additional content required pursuant to rules adopted by the director pursuant to subsection (1)(a) of this section.

(6) The director or the director's designee may inspect and survey each approved facilitator education and training program at the director's discretion.

(7) (a) The division shall create a process to review the director's denial of an education and training program. The process established pursuant to this subsection (7) must require the director or the director's designee, division counsel, and the chair of the natural medicine advisory board or the chair's designee to review applications prior to a denial being issued by the director.

(b) If the applicant is denied approval after the review process created pursuant to subsection (7)(a) of this section, the director shall document the grounds for denial and submit that documentation to the applicant.

(8) The division shall regularly review the natural medicine program, including the approval process for facilitator education and training programs. The division shall include the review in the annual reporting required in subsection (1)(j) of this section.
C.R.S. § 12-10-716 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-716
12-10-716. Immunity
Status: in_force

12-10-716. Immunity. A person participating in good faith in the filing of a complaint or report or participating in an investigation or hearing before the board or an administrative law judge pursuant to this part 7 shall be immune from any liability, civil or criminal, that otherwise might result by reason of the action.
C.R.S. § 12-100-130 — CO Code / Title 12 / Article 100 / Section 12-100-130
12-100-130. Repeal of article - subject to review
Status: repealed

12-100-130. Repeal of article - subject to review. This article 100 is repealed, effective September 1, 2030. Before the repeal, the state board of accountancy is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-15-104 — CO Code / Title 12 / Article 15 / Section 12-15-104
12-15-104. Certification of conservation easement holders - rules - definition
Status: repealed

12-15-104. Certification of conservation easement holders - rules - definition. (1) The division shall, in consultation with the commission created in section 12-15-103, establish and administer a certification program for qualified organizations under section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, that hold conservation easements for which a tax credit is claimed pursuant to section 39-22-522. The purposes of the program are to:

(a) Establish minimum qualifications for certifying organizations that hold conservation easements to encourage professionalism and stability; and

(b) Identify fraudulent or unqualified applicants, as determined under the rules of the division, to prevent them from becoming certified by the program.

(2) The division shall establish and accept applications for certification. The division shall conduct a review of each application and consider the recommendations of the commission before making a final determination to grant or deny certification. In reviewing an application and in granting certification, the division and the commission may consider:

(a) The applicant's process for reviewing, selecting, and approving a potential conservation easement;

(b) The applicant's stewardship practices and capacity, including the ability to maintain, monitor, and defend the purposes of the easement;

(c) An audit of the applicant's financial records;

(d) The applicant's system of governance and ethics regarding conflicts of interest and transactions with related parties as described in section 267 (b) of the federal "Internal Revenue Code of 1986", as amended, donors, board members, and insiders. For purposes of this subsection (2)(d), "insiders" means board and staff members, substantial contributors, parties related to those above, those who have an ability to influence decisions of the organization, and those with access to information not available to the general public.

(e) Any other information deemed relevant by the division or the commission; and

(f) The unique circumstances of the different entities to which this certification applies as set forth in subsection (4) of this section.

(3) At the time of submission of an application, and each year the entity is certified pursuant to this section, the applicant shall pay the division a fee, as prescribed by the division, to cover the costs of the division and the commission in administering the certification program for entities that hold conservation easements for which tax credits are claimed pursuant to section 39-22-522. The division shall have the authority to accept and expend gifts, grants, and donations for the purposes of this section. The state treasurer shall credit fees, gifts, grants, and donations collected pursuant to this subsection (3) to the conservation cash fund created in section 12-15-107. On or before each January 1, the division shall certify to the general assembly the amount of the fee prescribed by the division pursuant to this subsection (3).

(4) The certification program applies to:

(a) Nonprofit entities holding easements on property with conservation values consisting of recreation or education, protection of environmental systems, or preservation of open space;

(b) Nonprofit entities holding easements on property for historic preservation; and

(c) The state and any municipality, county, city and county, special district, or other political subdivision of the state that holds an easement.

(5) The certification program shall contain a provision allowing for the expedited or automatic certification of an entity that is currently accredited by national land conservation organizations that are broadly accepted by the conservation industry.

(6) The commission shall meet at least quarterly and make recommendations to the division regarding the certification program. The division is authorized to determine whether an applicant for certification possesses the necessary qualifications for certification required by the rules adopted by the division. If the division determines that an applicant does not possess the applicable qualifications for certification or that the applicant has violated any provision of this article 15, the rules promulgated by the division, or any division order, the division may deny the applicant a certification or deny the renewal of a certification, and, in such instance, the division shall provide the applicant with a statement in writing setting forth the basis of the division's determination. The applicant may request a hearing on the determination as provided in section 24-4-104 (9). The division shall notify successful applicants in writing. An applicant that is not certified may reapply for certification in accordance with procedures established by the division.

(7) The division shall promulgate rules to effectuate the duties of the commission pursuant to article 4 of title 24. The rules shall specifically address the following:

(a) Allowing for the expedited or automatic certification of an entity that is currently accredited by national land conservation organizations that are broadly accepted by the conservation industry; and

(b) A streamlined and lower-cost process for conservation easement holders that do not intend to accept new donations of conservation easements for which tax credits would be claimed that focuses on the holder's stewardship capabilities.

(c) and (d) (Deleted by amendment, L. 2019.)

(8) A conservation easement tax credit certificate application may be submitted pursuant to section 12-15-106 only if the entity has been certified in accordance with this section at the time the donation of the easement is made. The division shall make information available to the public concerning the date that it commences accepting applications for entities that hold conservation easements and the requirements of this subsection (8).

(9) The division shall maintain and update an online list, accessible to the public, of the organizations that have applied for certification and whether each has been certified, rejected for certification, or had its certification revoked or suspended in accordance with this section.

(10) The division may investigate the activities of any entity that is required to be certified pursuant to this section and to impose discipline for noncompliance, including the suspension or revocation of a certification or the imposition of fines. The division may promulgate rules in accordance with article 4 of title 24 for the certification program and discipline authorized by this section.

(11) The division may subpoena persons and documents, which subpoenas may be enforced by a court of competent jurisdiction if not obeyed, for purposes of conducting investigations pursuant to subsection (10) of this section.

(12) Nothing in this section:

(a) Affects any tax credit that was claimed pursuant to section 39-22-522 before certification was required by this section; or

(b) Requires the certification of an entity that holds a conservation easement for which a tax credit is not claimed pursuant to section 39-22-522.

(13) Repealed.
C.R.S. § 12-1-103 — CO Code / Title 12 / Article 1 / Section 12-1-103
12-1-103. Definitions
Status: in_force

12-1-103. Definitions. As used in this title 12, unless the context otherwise requires:

(1) "Department" means the department of regulatory agencies created in section 24-1-122.

(2) "Executive director" means the executive director of the department or the executive director's designee.

(3) "Profession or occupation", "profession", or "occupation" means an activity subject to regulation by a part or article of this title 12.
C.R.S. § 12-315-203 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-203
12-315-203. Application for veterinary technician registration - qualifications - provisiona
Status: repealed

12-315-203. Application for veterinary technician registration - qualifications - provisional registration - fee - veterinary technician specialist designation - rules - repeal. (1) A person who desires to practice as a veterinary technician in this state must file an application for registration with the board, along with the required application fee, in the manner determined by the board.

(2) To be qualified for registration, an applicant must:

(a) Be at least eighteen years of age; and

(b) Demonstrate to the board's satisfaction that the applicant has obtained and maintains in good standing credentialing as a veterinary technician from the veterinary technician credentialing organization.

(3) Commencing January 1, 2023, the board shall issue a registration to a qualified applicant who meets the requirements and qualifications of this section and board rules; except that the board may deny registration to an applicant who has committed an act that would be grounds for disciplinary action pursuant to section 12-315-207.

(4) (a) Notwithstanding subsection (2)(b) of this section, a person working in the role of a veterinary technician on and after January 1, 2023, who does not meet the requirements set forth in subsection (2)(b) of this section may file with the board an application for a provisional registration not later than January 1, 2024, along with the required application fee, in the manner determined by the board.

(b) A provisional registration issued pursuant to this subsection (4) may be renewed, as determined by the board by rule. The provisional registration expires the earlier of:

(I) The date on which the board issues a registration to an applicant pursuant to subsection (3) of this section;

(II) Twenty-eight days after the person has satisfied the requirements in subsection (4)(c)(I) or (4)(c)(II) of this section and is eligible to apply to the credentialing organization for credentialing in this state;

(III) The date on which the board denies the provisional registration renewal application; or

(IV) January 1, 2028.

(c) The credentialing organization shall accept as satisfaction of educational and testing requirements for credentialing a person holding a provisional registration in good standing who applies for credentialing not later than December 31, 2027, and who demonstrates to the credentialing organization's satisfaction that the provisional registrant has either:

(I) Obtained at least six thousand five hundred hours of work experience equivalent to the work performed by a veterinary technician and has passed a national veterinary technician examination approved by the board pursuant to section 12-315-201 (1)(a)(II); or

(II) Has obtained at least nine thousand hours of work experience equivalent to the work performed by a veterinary technician.

(d) A person holding a provisional registration is subject to discipline pursuant to section 12-315-207.

(e) Notwithstanding any other provision in this subsection (4) to the contrary, the board may establish, by rule, a process for and conditions under which a provisional registrant may apply for a hardship extension to extend, to a date not later than June 30, 2028:

(I) The validity of a provisional registration;

(II) The time within which the provisional registrant may satisfy the education and testing requirements; or

(III) The date by which the provisional registrant must apply to the credentialing organization.

(f) This subsection (4) is repealed, effective October 1, 2028.

(4.5) (a) On and after January 1, 2026, a veterinary technician may apply to the board for designation as a veterinary technician specialist as part of an application for a new or a renewal registration as a veterinary technician.

(b) To obtain a veterinary technician specialist designation, an applicant must demonstrate to the board's satisfaction, in the form and manner specified by the board by rule, that the applicant has been awarded a specialist designation or certification from:

(I) An academy recognized by the National Association of Veterinary Technicians in America's committee of veterinary technician specialities, or its successor organization; or

(II) An organization that the board has determined by rule to have equivalent training and educational requirements pursuant to section 12-315-201 (1)(c).

(5) The board shall make available on its website the requirements for credentialing by the credentialing organization, as well as information concerning the veterinary technician registration by endorsement under section 12-315-205 and the occupational credential portability program.
C.R.S. § 12-200-105 — CO Code / Title 12 / Article 200 / Section 12-200-105
12-200-105. Mandatory disclosure of information to patients - retention of records of disclo
Status: in_force

12-200-105. Mandatory disclosure of information to patients - retention of records of disclosure. (1) Every acupuncturist shall provide the following information in writing to each patient during the initial patient contact:

(a) The name, business address, and business phone number of the acupuncturist;

(b) A fee schedule;

(c) A statement indicating that:

(I) The patient is entitled to receive information about the methods of therapy, the techniques used, and the duration of therapy, if known;

(II) The patient may seek a second opinion from another health-care professional or may terminate therapy at any time;

(III) In a professional relationship, sexual intimacy is never appropriate and should be reported to the director;

(d) A listing of the acupuncturist's education, experience, degrees, membership in a professional organization whose membership includes not less than one-third of the persons licensed pursuant to this article 200, certificates or credentials related to acupuncture awarded by the organizations, the length of time required to obtain the degrees or credentials, and experience;

(e) A statement indicating any license, certificate, or registration in acupuncture or any other health-care profession that was issued to the acupuncturist by any local, state, or national health-care agency, and indicating whether any such license, certificate, or registration was suspended or revoked;

(f) A statement that the acupuncturist is complying with any rules promulgated by the department of public health and environment with respect to this article 200, including those related to the proper cleaning and sterilization of needles used in the practice of acupuncture and the sanitation of acupuncture offices;

(g) A statement indicating that the practice of acupuncture is regulated by the department of regulatory agencies and the address and phone number of the director; and

(h) A statement indicating the acupuncturist's training and experience in the recommendation and application of adjunctive therapies and herbs as defined by acupuncture concepts.

(2) Any changes in the information required by subsections (1)(a) to (1)(f) of this section shall be made in the mandatory disclosure within five days of the change.

(3) The acupuncturist shall retain a copy of the written information specified in subsection (1) of this section, dated and signed by the patient, from the time of the initial evaluation until at least three years after the termination of treatment.
C.R.S. § 12-115-120 — CO Code / Title 12 / Article 115 / Section 12-115-120
12-115-120. Inspection - electrical permits - application - standard - definition
Status: in_force

12-115-120. Inspection - electrical permits - application - standard - definition. (1) (a) (I) An individual required to have electrical inspection under this article 115 shall apply to the board for an electrical permit, referred to within this section as a "permit", except where an incorporated town or city, county, city and county, or qualified state institution of higher education has a building department that meets the minimum standards of this article 115 and that processes applications for building permits and inspections, in which case the individual shall apply to the building department.

(II) A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of this article 115, and specifically section 12-115-115, have been met.

(III) (A) Only a qualified applicant may apply for a permit. A licensed master electrician who is not a registered electrical contractor and who is operating as an independent contractor for another business shall not apply for a permit.

(B) Before issuing a permit pursuant to this subsection (1), the board or, if applicable, the building department of an incorporated town or city, county, city and county, or qualified state institution of higher education shall verify that the permit applicant is a qualified applicant.

(C) The entity issuing the permit may use the permit application process to verify compliance with this subsection (1).

(b) Upon final inspection and approval by the state electrical inspector, notice shall be issued by the board to the utility, and the office of the board shall retain one copy of the record of approval.

(c) A utility shall not provide service to any person required to have electrical inspection under this article 115 without proof of final approval as provided in subsection (1)(b) of this section; except that the utility shall provide service:

(I) In those situations determined by the local electrical inspection authority, or by the board, whichever has jurisdiction, to be emergency situations for a maximum period of seven days or until the inspection has been made; or

(II) If the board or local electrical inspection authority has approved a tiny home connection for electric utility service in accordance with section 24-32-3329.

(2) (a) The owner of an electrical installation in any new construction, other than manufactured units certified by the division of housing pursuant to section 24-32-3311 or a tiny home manufactured to the standards of section 24-32-3328 (1), or remodeling or repair of an existing construction, except in any incorporated town or city, county, city and county, or qualified state institution of higher education having its own electrical code and inspection program equal to the minimum standards as are provided in this article 115, shall have the electrical portion of the installation, remodeling, or repair inspected by a state electrical inspector. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution.

(b) A state electrical inspector shall inspect any new construction, remodeling, or repair subject to this subsection (2) within three working days after the receipt of the application for inspection. Prior to the commencement of any electrical installation, the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required permit fee.

(c) A manufactured home, mobile home, tiny home, or movable structure owner shall have the electrical installation for the manufactured home, mobile home, tiny home, or movable structure inspected prior to obtaining electric service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (2)(c).

(3) (a) A state electrical inspector shall inspect the work performed, and, if the work meets the minimum standards set forth in the national electrical code referred to in section 12-115-107 (2)(a), the inspector shall issue a certificate of approval.

(b) (I) If the installation is disapproved, the inspector shall give written notice of the disapproval and of the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the electrical service to the installation discontinued until the installation is rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of service to the supplier of electricity. The qualified applicant may appeal the disapproval to the board, and the board shall grant a hearing within seven days after notice of appeal is filed with the board.

(II) After removing the cause of the disapproval, the qualified applicant shall apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.

(4) The person or inspector making an application, certificate of approval, or notice of disapproval shall include the name of the property owner, if known; the location and a brief description of the installation; the name of the electrical contractor and state registration number; the state electrical inspector; and the fee charged for the permit. The notice of disapproval and corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be submitted to the electrical contractor within two working days after the date of inspection. The inspector shall post a copy of the notice at the installation site. The board shall furnish the forms. A copy of each application, certificate, and notice made or issued shall be filed with the board.

(5) Nothing in this section shall be construed to require any utility as defined in this article 115 to collect or enforce collection or in any way handle the payment of any fee connected with the application.

(6) (a) All permits issued by the board are valid for a period of twelve months, and the board shall cancel the permit and remove it from its files at the end of the twelve-month period, except in the following circumstances:

(I) If a qualified applicant demonstrates at the time of application for a permit that the electrical work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.

(II) If the qualified applicant notifies the board prior to the expiration of the twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.

(b) If a qualified applicant requests an inspection after a permit has expired or has been canceled, the qualified applicant must apply for and be issued a new permit before an inspection is performed.

(7) Notwithstanding the fact that any incorporated town or city, any county, or any city and county in which a public school is located or is to be located has its own electrical code and inspection authority, any electrical installation in any new construction or remodeling or repair of a public school shall be inspected by a state electrical inspector.

(8) In the event that any incorporated town or city, county, city and county, or qualified state institution of higher education intends to commence or cease performing electrical inspections in its respective jurisdiction or, in the case of a qualified state institution of higher education, for buildings owned, leased, or on its land, the public entity or institution shall commence or cease the same only as of July 1 of any year, and written notice of the intent must be given to the board on or before October 1 of the preceding calendar year. If the notice is not given and the use of state electrical inspectors is required within the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring the inspections shall reimburse the state electrical board for any expenses incurred in performing the inspections, in addition to transmitting the required permit fees.

(9) (a) A person claiming to be aggrieved by the failure of a state electrical inspector to inspect property after proper application or by notice of disapproval without setting forth the reasons for rejecting the inspection may request the program director to review the actions of the state electrical inspector or the manner of the inspection. The request may be made by an authorized representative and shall be in writing.

(b) Upon the filing of a request, the program director shall cause a copy to be served upon the state electrical inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.

(c) If the request is not granted within ten days after it is filed, it may be treated as rejected. Any person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.

(d) Any hearing before the board shall be held pursuant to the provisions of section 24-4-105.

(10) (a) An inspector performing an inspection for the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education may verify compliance with this article 115; however, for each project, inspections performed by the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education must include a contemporaneous review to ensure that the specific requirements of sections 12-115-109 and 12-115-115 have been met. A contemporaneous review may include a full or partial review of the electricians and apprentices working on a job site being inspected.

(b) (I) To ensure that enforcement is consistent, timely, and efficient, each entity, including the state, as described in this subsection (10), shall develop standard procedures to advise its inspectors how to conduct a contemporaneous review. Each entity's standard procedures need not require a contemporaneous review for each and every inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-115-109 and 12-115-115 at any time. Each entity's procedures must also include provisions that allow for inspectors to:

(A) Conduct occasional, random, on-site inspections while actual electrical work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the entity; and

(B) Request documentation indicating who performed the electrical work to ensure compliance with sections 12-115-109 and 12-115-115.

(II) Each entity, including the state, shall post its current procedures regarding contemporaneous reviews in a prominent location on its public website. Each entity shall provide a website link to or an electronic copy of its procedures to the board, and the board shall post all of the procedures on a single location on the department's website.

(c) An inspector may file a complaint with the board for any violation of this article 115.

(d) (I) The board shall ensure compliance with this section. If the board determines, as a result of a complaint, that an entity other than the state is conducting electrical inspections that do not comply with this section, the board may issue to that entity an order to show cause, in accordance with sections 12-20-405 and 12-115-122 (6), as to why the board should not issue a final order directing that entity to cease and desist conducting electrical inspections until that entity comes into compliance to the satisfaction of the board.

(II) The board shall not issue a cease-and-desist order to an inspecting entity because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.

(III) If the use of state electrical inspectors is required after the issuance of a final cease-and-desist order pursuant to this subsection (10)(d), that entity shall reimburse the board for any expenses incurred in performing that entity's inspections, in addition to transmitting the required permit fees.

(11) As used in this section, "qualified applicant" means:

(a) A licensed master electrician, including a licensed master electrician who is operating as a sole proprietor, so long as the licensed master electrician is also a registered electrical contractor;

(b) A licensed master electrician who is directly employed by a registered electrical contractor; or

(c) A homeowner performing work on the homeowner's home.
C.R.S. § 12-30-109.5 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-109.5
12-30-109.5. Prescription drugs for treatment of chronic pain - patients - prescribers - defi
Status: in_force

12-30-109.5. Prescription drugs for treatment of chronic pain - patients - prescribers - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Carrier" has the same meaning as set forth in section 10-16-102 (8).

(b) (I) "Chronic pain" means a pain that typically lasts three months or longer and may be the result of an underlying medical disease or condition, injury, medical treatment, inflammation, or unknown cause. "Chronic pain" is a pain state in which the cause of the pain often cannot be removed with reasonable medical efforts at the consent of the patient, or pain for which no cure can be found after reasonable medical efforts. Chronic pain may restrict the ability of individuals to work, care for themselves, and engage in basic life, social, and physical activities.

(II) Conditions associated with chronic pain may include, but are not limited to, cancer and the recovery period, sickle cell disease, noncancer pain, rare diseases, severe injuries, and health conditions requiring the provision of palliative care or hospice care.

(III) Reasonable efforts for relieving or curing the cause of the chronic pain may be determined on the basis of, but are not limited to, the following:

(A) When treating a nonterminally ill patient for chronic pain, an evaluation conducted by the treating health-care provider or a health-care provider specializing in pain medicine or treatment of the area, system, or organ of the body confirmed or perceived as the source of the chronic pain; or

(B) When treating a terminally ill patient, an evaluation conducted by the treating health-care provider who conducts the evaluation in accordance with the standard of care and the level of care, skill, and treatment that would be recognized by a health-care provider under similar conditions and circumstances.

(c) "Drug diversion" means the unlawful transfer of prescription drugs from a licit medical purpose to the illicit marketplace.

(d) "Health-care provider" means a physician, a physician assistant, or an advanced practice registered nurse licensed pursuant to this title 12.

(e) "Rare disease" means a disease, disorder, or condition that affects fewer than two hundred thousand individuals in the United States and is chronic, serious, life-altering, or life-threatening.

(f) "Schedule II, III, IV, or V controlled substance" means a controlled substance as described in section 18-18-204, 18-18-205, 18-18-206, or 18-18-207, respectively.

(2) Criteria for the evaluation and treatment of chronic pain. When treating a nonterminally ill patient, the evaluation of the patient and the treatment of the patient's chronic pain is governed by the following criteria:

(a) A diagnosis of a condition causing chronic pain by the treating health-care provider or a health-care provider specializing in pain medicine or treatment of the area, system, or organ of the body confirmed or perceived as the source of the pain that is sufficient to meet the definition of chronic pain; and

(b) The cause of the diagnosis of chronic pain must not interfere with medically necessary treatment, including but not limited to prescribing or administering a schedule II, III, IV, or V controlled substance.

(3) Prescription and administration of controlled substances for chronic pain. (a) Notwithstanding any other provision of law, a health-care provider may prescribe, dispense, or administer a schedule II, III, IV, or V controlled substance to a patient in the course of the health-care provider's treatment of the patient for a diagnosed condition causing chronic pain. A health-care provider is not subject to disciplinary action by the regulator for appropriately prescribing, dispensing, or administering a schedule II, III, IV, or V controlled substance in the course of treatment of a patient for chronic pain if the health-care provider keeps accurate records of the purpose, use, prescription, and disposal of the controlled substance, writes accurate prescriptions, and prescribes medications in accordance with a legitimate medical purpose in the usual course of professional practice.

(b) A health-care provider acting in good faith and based on the needs of the patient with a diagnosed condition causing chronic pain is not subject to discipline from the regulator solely for prescribing a dosage that equates to an upward deviation from morphine milligram equivalent dosage recommendations or from thresholds specified in state or federal opioid prescribing guidelines or policies.

(c) A health-care provider treating a patient with chronic pain by prescribing, dispensing, or administering one or more schedule II, III, IV, or V controlled substances that include, but are not limited to, opioid analgesics shall not be required to taper a patient's medication dosage solely to meet a predetermined morphine milligram equivalent dosage recommendation or threshold if the patient is stable and compliant with the treatment plan and is not experiencing serious harm from the level of medication currently being prescribed or previously prescribed. A decision to taper or maintain medication must include an individualized assessment of the patient's current medical condition and treatment plan, the risks and benefits of maintaining or tapering the patient's medication, and a discussion with the patient.

(d) (I) A pharmacy, carrier, or pharmacy benefit manager shall not have a policy in place that requires the pharmacist to refuse to fill a prescription for an opiate issued by a health-care provider with the authority to prescribe opiates solely because the prescription is for an opiate or because the prescription order exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold.

(II) A health-care practice or clinic in which a health-care provider is authorized to prescribe schedule II, III, IV, or V controlled substances shall not have a policy in place that requires the health-care provider to refuse to prescribe, administer, or dispense a prescription for an opiate solely because the prescription exceeds a predetermined morphine milligram equivalent dosage recommendation or threshold.

(e) Before treating a patient for chronic pain in accordance with this subsection (3), a health-care provider shall discuss with the patient or the patient's legal guardian, if applicable, the risks associated with the schedule II, III, IV, or V controlled substance to be prescribed or administered in the course of the health-care provider's treatment of the patient and document the discussion in the patient's record.

(4) Limits on applicability. (a) This section does not apply to:

(I) A health-care provider's treatment of a patient for a substance use disorder resulting from the use of a schedule II, III, IV, or V controlled substance;

(II) The prescription or administration of a schedule II, III, IV, or V controlled substance to a patient whom the health-care provider knows to be using the controlled substance for nontherapeutic or drug diversion purposes;

(III) The prescription, dispensing, or administration of a schedule II, III, IV, or V controlled substance for the purpose of terminating the life of a patient with chronic pain; or

(IV) The prescription, dispensing, or administration of a schedule II, III, IV, or V controlled substance that is not a controlled substance approved by the federal food and drug administration for pain relief.

(b) This section does not limit the powers and duties of the Colorado medical board pursuant to section 12-240-106 or the state board of nursing pursuant to section 12-255-107.
C.R.S. § 12-10-715 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-715
12-10-715. Subpoena - petty offense
Status: in_force

12-10-715. Subpoena - petty offense. (1) The board or the administrative law judge appointed for hearings may issue subpoenas, as described in section 12-10-711 (7), which shall be served in the same manner as subpoenas issued by district courts and shall be issued without discrimination between public or private parties requiring the attendance of witnesses or the production of documents at hearings.

(2) Any person who willfully fails or neglects to appear and testify or to produce books, papers, or records required by subpoena, duly served upon him or her in any matter conducted under this part 7, commits a petty offense. Each day a person so refuses or neglects constitutes a separate offense.
C.R.S. § 12-290-119 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-119
12-290-119. Renewal of license - continuing education - professional development program - r
Status: in_force

12-290-119. Renewal of license - continuing education - professional development program - rules - renewal questionnaire. (1) (a) The board shall set reasonable continuing education requirements for the renewal of a license, but in no event shall the board require more than fourteen hours' credit of continuing education per year. A podiatrist desiring to renew his or her license to practice podiatry shall submit to the board the information the board believes necessary to show that the podiatrist has fulfilled the board's continuing education requirements and a fee to be determined and collected pursuant to section 12-20-105.

(b) The board shall promulgate rules and implement an ongoing professional development program that shall be developed in conjunction with statewide professional associations that represent podiatrists. The professional development program may include the continuing education requirements in subsection (1)(a) of this section.

(2) (a) The board shall establish a questionnaire to accompany the renewal form. The board shall design the questionnaire to determine if the licensee has acted in violation of, or has been disciplined for actions that might be construed as violations of, this article 290 or that may make the licensee unfit to practice podiatry with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). The failure of an applicant to answer the questionnaire accurately constitutes unprofessional conduct pursuant to section 12-290-108.

(b) On and after July 1, 2024, as a condition of renewal of a license, each podiatrist shall attest that the podiatrist is in compliance with section 12-280-403 (2)(a) and that the podiatrist is aware of the penalties for noncompliance with that section.

(3) No license to practice podiatry that has been delinquent for more than two years shall be renewed unless the applicant demonstrates to the board the applicant's continued professional competence.

(4) Licenses issued pursuant to this article 290 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose license has expired shall be subject to the penalties provided in this article 290 or in section 12-20-202 (1). The board shall establish the criteria for reinstatement of a license.
C.R.S. § 12-155-102 — CO Code / Title 12 / Article 155 / Section 12-155-102
12-155-102. Applicability of common provisions
Status: in_force

12-155-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 155.
C.R.S. § 12-230-502 — CO Code / Title 12 / Article 230 / Part 5 / Section 12-230-502
12-230-502. Dispensing hearing aids - deceptive trade practices
Status: reserved

12-230-502. Dispensing hearing aids - deceptive trade practices. (1) In addition to any other deceptive trade practices under section 6-1-105, a dispenser engages in a deceptive trade practice when the dispenser:

(a) Fails to deliver to each person to whom the dispenser dispenses a hearing aid a receipt that:

(I) Bears the business address of the dispenser, together with specifications as to the make and serial number of the hearing aid furnished and the full terms of the sale clearly stated. If the dispenser dispenses a hearing aid that is not new, the dispenser shall clearly mark on the hearing aid container and the receipt the term "used" or "reconditioned", whichever is applicable, within the terms of the guarantee, if any.

(II) Bears, in no smaller type than the largest used in the body of the receipt, in substance, a provision that the buyer has been advised at the outset of the buyer's relationship with the dispenser that any examination or representation made by a dispenser in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice;

(III) Bears, in no smaller type than the largest used in the body of the receipt, a provision indicating that dispensers who are licensed by the department are regulated by the division; and

(IV) Bears a provision labeled "warranty" in which the exact warranty terms and periods available from the manufacturer are documented, or includes an original or photocopy of the original manufacturer's warranty with the receipt;

(b) Dispenses a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting;

(c) Dispenses, adjusts, provides training or teaching in regard to, or otherwise services surgically implanted hearing devices unless the dispenser is an audiologist or physician;

(d) Fails to recommend in writing, prior to fitting or dispensing a hearing aid, that the best interests of the prospective user would be served by consulting a licensed physician specializing in diseases of the ear, or any licensed physician, if any of the following conditions exist:

(I) Visible congenital or traumatic deformity of the ear;

(II) Active drainage of the ear, or a history of drainage of the ear within the previous ninety days;

(III) History of sudden or rapidly progressive hearing loss;

(IV) Acute or chronic dizziness;

(V) Unilateral hearing loss of sudden onset within the previous ninety days;

(VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;

(VII) Visible evidence of significant cerumen accumulation on, or a foreign body in, the ear canal; or

(VIII) Pain or discomfort in the ear;

(e) Fails to provide a minimum thirty-day rescission period with the following terms:

(I) The buyer has the right to cancel the purchase for any reason before the expiration of the rescission period by giving or mailing written notice of cancellation to the dispenser and presenting the hearing aid to the dispenser, unless the hearing aid has been lost or significantly damaged beyond repair while in the buyer's possession and control. The rescission period is tolled for any period during which a dispenser takes possession or control of a hearing aid after its original delivery.

(II) The buyer, upon cancellation, is entitled to receive a full refund of any payment made for the hearing aid within thirty days after returning the hearing aid to the dispenser, unless the hearing aid was significantly damaged beyond repair while in the buyer's possession and control.

(III) (A) The dispenser shall provide a written receipt or contract to the buyer that includes, in immediate proximity to the space reserved for the signature of the buyer, the following specific statement in all capital letters of no less than ten-point, bold-faced type:

THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT ON THE [Insert applicable rescission period, which must be no shorter than thirty days after receipt of the hearing aid] CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE DISPENSER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER'S CONTROL.

(B) The written contract or receipt provided to the buyer must also contain a statement, in print size no smaller than ten-point type, that the sale is void and unenforceable if the hearing aid being purchased is not delivered to the consumer within thirty days after the date the written contract is signed or the receipt is issued, whichever occurs later. The written contract or receipt must also include the dispenser's license number, if the dispenser is required to be licensed by the state, and a statement that the dispenser will promptly refund all money paid for the purchase of the hearing aid if it is not delivered to the consumer within the thirty-day period. The buyer cannot waive this requirement, and any attempt to waive it is void.

(IV) A refund request form must be attached to each receipt and must contain the information in subsection (1)(a)(I) of this section and the statement, in all capital letters of no less than ten-point, bold-faced type:

REFUND REQUEST - THIS FORM MUST BE POSTMARKED BY _________ [Date to be filled in]. NO REFUND WILL BE GIVEN UNTIL THE HEARING AID OR HEARING AIDS ARE RETURNED TO THE DISPENSER.

A space for the buyer's address, telephone number, and signature must be provided. The buyer is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the dispenser. If the hearing aid is sold in the buyer's home, the buyer may require the dispenser to arrange the return of the hearing aid.

(f) Represents that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the terms "doctor", "clinic", "state-licensed clinic", "state-registered", "state-certified", or "state-approved", or any other term, abbreviation, or symbol when it would:

(I) Falsely give the impression that service is being provided by persons trained in medicine or that the dispenser's service has been recommended by the state when that is not the case; or

(II) Be false or misleading;

(g) Directly or indirectly:

(I) Gives or offers to give, or permits or causes to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by the dispenser; except that a dispenser does not violate this subsection (1)(g)(I) if the dispenser pays an independent advertising or marketing agent compensation for advertising or marketing services the agent rendered on the dispenser's behalf, including compensation that is paid for the results or performance of the services on a per-patient basis; or

(II) Influences or attempts to influence any person to refrain from dealing in the products of competitors;

(h) Dispenses a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing aids, except when selling a replacement hearing aid within one year after the date of the original purchase;

(i) Makes a false or misleading statement of fact concerning goods or services or the buyer's right to cancel with the intention or effect of deterring or preventing the buyer from exercising the buyer's right to cancel, or refuses to honor a buyer's request to cancel a contract for the purchase of a hearing aid, if the request was made during the rescission period set forth in subsection (1)(e) of this section;

(j) Employs a device, a scheme, or an artifice with the intent to defraud a buyer of a hearing aid;

(k) Intentionally disposes of, conceals, diverts, converts, or otherwise fails to account for any funds or assets of a buyer of a hearing aid that is under the dispenser's control; or

(l) Charges, collects, or recovers any cost or fee for any good or service that has been represented by the dispenser as free.

(2) (a) This section applies to a dispenser who dispenses hearing aids in this state.

(b) This section does not apply to the dispensing of hearing aids outside of this state so long as the transaction either conforms to this section or to the applicable laws and rules of the jurisdiction in which the transaction takes place.
C.R.S. § 12-220-407.2 — CO Code / Title 12 / Article 220 / Part 4 / Section 12-220-407.2
12-220-407.2. Application for dental therapist license - fee - rules
Status: in_force

12-220-407.2. Application for dental therapist license - fee - rules. (1) Effective May 1, 2023, every person who desires to qualify for practice as a dental therapist within this state must file with the board:

(a) A written application for a license, on which application the applicant must list:

(I) Any act or omission of the applicant that would be grounds for disciplinary action under section 12-220-201 against a licensed dental therapist; and

(II) An explanation of the circumstances of the act or omission; and

(b) Satisfactory proof that the applicant:

(I) Graduated from a school of dental therapy that, at the time of the applicant's graduation, was accredited by the American Dental Association's commission on dental accreditation or its successor organization; or

(II) Graduated from a dental therapy education program developed prior to February 6, 2015, that, at the time of the applicant's graduation, was accredited by the Minnesota board of dentistry or certified by the Alaska community health aide program certification board.

(2) The applicant must apply for a dental therapist license on the form prescribed and furnished by the board, must certify the application under penalty of perjury, and must submit the fee established pursuant to section 12-20-105 with the application.

(3) An applicant for licensure who has not graduated from a school described in subsection (1)(b) of this section within the twelve months immediately preceding application, or who has not engaged either in the active clinical practice of dental therapy or in teaching dental therapy in an accredited program for at least one year during the five years immediately preceding the application, must demonstrate to the board that the applicant has maintained the professional ability and knowledge required by this article 220.
C.R.S. § 12-250-101 — CO Code / Title 12 / Article 250 / Section 12-250-101
12-250-101. Short title
Status: in_force

12-250-101. Short title. The short title of this article 250 is the "Naturopathic Doctor Act".
C.R.S. § 12-220-105 — CO Code / Title 12 / Article 220 / Part 1 / Section 12-220-105
12-220-105. Colorado dental board - qualifications of board members - quorum - panel - rules
Status: repealed

12-220-105. Colorado dental board - qualifications of board members - quorum - panel - rules - review of functions - repeal of article - repeal. (1) (a) The Colorado dental board is created as the agency of this state for the regulation of the practice of dentistry, dental therapy, and dental hygiene in this state and to carry out the purposes of this article 220. The board is a type 1 entity, as defined in section 24-1-105, and is subject to the supervision and control of the division as provided by section 12-20-103 (2).

(b) (I) Except as provided in subsection (1)(b)(II) of this section, the board consists of seven dentist members, three dental hygienist members, and three members from the public at large. The governor shall appoint each member for a term of four years, and each member must have the qualifications provided in this article 220. A member shall not serve more than two consecutive terms of four years. Each board member holds office until the member's term expires or until the governor appoints a successor. This subsection (1)(b)(I) is repealed, effective December 1, 2031.

(II) (A) Effective July 1, 2031, the board consists of seven dentist members, two dental therapist members, two dental hygienist members, and two members from the public at large. The governor shall appoint each member for a term of four years, and each member must have the qualifications provided in this article 220. A member shall not serve more than two consecutive terms of four years. Each board member holds office until the member's term expires or until the governor appoints a successor.

(B) A member serving on the board as of June 30, 2031, may serve the member's full term.

(III) A person is qualified to be appointed to the board if the person:

(A) Is a legal resident of Colorado;

(B) Is currently licensed as a dentist, dental therapist, or dental hygienist, if fulfilling that position on the board; and

(C) Has been actively engaged in a clinical practice in this state for at least five years immediately preceding the appointment, if fulfilling the position of dentist, dental therapist, or dental hygienist on the board.

(c) (I) In making appointments to the board, the governor shall attempt to create geographical, political, urban, and rural balance among the board members. If a vacancy occurs in any board membership before the expiration of the member's term, the governor shall fill the vacancy by appointment for the remainder of the term in the same manner as in the case of original appointments.

(II) (A) In making appointments of dental therapists to the board, the governor shall appoint individuals who are diverse with regard to race, ethnicity, immigration status, income, wealth, age, ability, sexual orientation, gender identity, and geography.

(B) In considering the racial and ethnic diversity of the dental therapists appointed to the board, the governor shall attempt to ensure that at least one member is a person of color.

(C) In considering the geographic diversity of the dental therapists appointed to the board, the governor shall attempt to appoint members from both rural and urban areas of the state.

(d) The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.

(2) Repealed.

(3) The board shall organize annually by electing one of its members as chairperson and one as vice-chairperson. The board may adopt rules for its government that the board deems proper. The board shall meet at least quarterly, and more often if necessary, at times and places the board designates.

(4) A majority of the members of the board constitutes a quorum for the transaction of business, but if less than a quorum is present on the day appointed for a meeting, those present may adjourn until a quorum is present. Any action taken by a quorum of the assigned panel constitutes action by the board; except that, for disciplinary matters concerning a dentist, a majority of dentist members is required for a quorum.

(5) (a) Before the repeal of this article 220 pursuant to subsection (5)(b) of this section, all functions of the board are scheduled for review in accordance with section 24-34-104.

(b) This article 220 is repealed, effective September 1, 2025.
C.R.S. § 12-145-107 — CO Code / Title 12 / Article 145 / Section 12-145-107
12-145-107. Powers and duties of the director - rules
Status: in_force

12-145-107. Powers and duties of the director - rules. (1) In addition to all other powers and duties conferred or imposed upon the director by this article 145 or by any other law, the director:

(a) May promulgate rules pursuant to section 12-20-204 to govern the registration of outfitters and to carry out the purposes of this article 145;

(b) May apply for injunctive relief in accordance with section 12-20-406 to enforce the provisions of this article 145 or to restrain any violation thereof.
C.R.S. § 12-135-401 — CO Code / Title 12 / Article 135 / Part 4 / Section 12-135-401
12-135-401. Powers and duties of the director - rules
Status: in_force

12-135-401. Powers and duties of the director - rules. (1) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny, suspend, refuse to renew, or revoke a license or registration pursuant to section 12-20-404 (1)(d); issue and send, by electronic mail that is actually received, a letter of admonition to the licensee or registrant under the circumstances specified in and in accordance with section 12-20-404 (4); issue a confidential letter of concern to the licensee or registrant under the circumstance specified in section 12-20-404 (5); place the licensee or registrant on probation pursuant to section 12-20-404 (1)(b); or limit the scope of practice of the registration or license under this article 135 if the licensee or registrant has:

(a) Filed an application with the director containing material misstatements of fact or has omitted any disclosure required by this article 135;

(b) Had a registration or license issued by Colorado, or an equivalent license, registration, or certification issued by another state, to practice as described in sections 12-135-601, 12-135-701, 12-135-801, and 12-135-901 revoked;

(c) Violated this article 135, an applicable provision of article 20 of this title 12, or any rule of the director adopted under this article 135 or committed an act or omission specified in section 12-135-508; or

(d) Failed to respond to a complaint within the length of time specified in the notice to the registrant of the complaint.

(2) In connection with a license issued pursuant to part 5 of this article 135 or a registration issued pursuant to section 12-135-110 or 12-135-303, the director may deny or revoke a registration or license if the licensee, the registrant, or the designee of a registrant has a disqualifying criminal history as described in section 12-135-503. The director shall promptly notify the licensee or registrant of the revocation.

(3) (a) (I) The director may investigate the activities of a licensee licensed pursuant to part 5 of this article 135 or a registrant registered pursuant to section 12-135-110 or 12-135-303, upon the director's own initiative or upon receipt of a complaint or a suspected or alleged violation of this article 135.

(II) The director shall perform routine inspections of all funeral establishments and crematories on a periodic basis as determined by rule. The director may contract with a private party to perform these inspections.

(III) To perform an inspection, the director or a private party with whom the director contracts to perform the inspection may enter the premises of a funeral establishment or crematory with full right of ingress and egress:

(A) While the funeral establishment or crematory is registered;

(B) For a period of time, as determined by rule, after a funeral establishment's or crematory's registration has expired, has been revoked, or has been surrendered; and

(C) Upon application for a new registration.

(IV) The director shall promulgate rules determining the period of time after a registration is no longer valid during which time the director or a private party with whom the director contracts may perform inspections to ensure that the funeral establishment or crematory continues to comply with this article 135 and winds down the business without creating an undue risk to the public health.

(b) Each funeral establishment registered under section 12-135-110 or crematory registered under section 12-135-303 is deemed to have consented to any inspection authorized in this subsection (3) as a condition of the registration.

(c) Section 12-20-403 applies to investigations, hearings, and other proceedings under this section.

(4) The director shall keep records of registrations, licenses, and disciplinary proceedings. If conducted pursuant to this section:

(a) Investigations, examinations, hearings, meetings, or proceedings are exempt from part 4 of article 6 of title 24; and

(b) Minutes or records concerning licensing action taken are exempt from part 2 of article 72 of title 24.

(5) When the director or administrative law judge deems it appropriate and useful, the director or administrative law judge may consult with or obtain a written opinion from an appropriate professional organization or association of businesses that offers services requiring registration or licensure under this article 135 for the purpose of investigating possible violations or weighing the appropriate standard of care to be applied to specific events or the facts in a hearing being held under this article 135.

(6) (a) The director may promulgate reasonable rules necessary to implement this article 135.

(b) In promulgating rules under this article 135, the director is subject to article 4 of title 24.

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

(7) The director may impose discipline, pursuant to this section, on an applicant for registration under this article 135, a funeral establishment registered pursuant to section 12-135-110, or a crematory registered pursuant to section 12-135-303 for the acts of a person that:

(a) Is acting on behalf of the applicant, registered funeral establishment, or registered crematory; and

(b) Is an officer, a director, a member, a partner, or an owner of the applicant, registered funeral establishment, or registered crematory if:

(I) The person holds at least a ten percent interest in the applicant, registered funeral establishment, or registered crematory that is publicly traded; or

(II) The person holds an interest in the applicant, registered funeral establishment, or registered crematory that is not publicly traded.
C.R.S. § 12-30-123 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-123
12-30-123. Health-care providers - on-site administered topical medication - use for contin
Status: in_force

12-30-123. Health-care providers - on-site administered topical medication - use for continued treatment - definition. (1) As used in this section, "facility-provided medication" or "medication" means a topical medication that a health-care provider or medical office has on hand or that is retrieved from a dispensing system for a specified patient for use during a surgical procedure or a visit to a health-care provider.

(2) (a) A health-care provider may offer any unused portion of a facility-provided medication to a patient if the medication is required for continued treatment, the medication does not contain a controlled substance, and the medication was administered to the patient during the patient's visit to the health-care provider. The health-care provider shall document within the patient's medical record that the patient must continue the medication at home, including the patient's dosage and directions for use.

(b) A health-care provider shall label a facility-provided medication as required pursuant to article 280 of this title 12.

(3) If a facility-provided medication is used for a patient during a visit to a health-care provider and the facility-provided medication is provided to the patient for continuity of treatment, the health-care provider is responsible for counseling the patient on the proper use of the medication, and a pharmacist's requirement to counsel the patient concerning the medication pursuant to section 12-280-138 is waived.
C.R.S. § 12-30-108 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-108
12-30-108. Confidential agreement to limit practice - violation grounds for discipline
Status: repealed

12-30-108. Confidential agreement to limit practice - violation grounds for discipline. (1) (a) If a licensee, registrant, or certificate holder has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder in a manner and within a period determined by the regulator.

(b) The regulator may require the licensee, registrant, or certificate holder to submit to an examination or refer the licensee, registrant, or certificate holder to a peer health assistance program, if one exists, to evaluate the extent of the physical illness, physical condition, or behavioral or mental health disorder and its effect on the licensee's, registrant's, or certificate holder's ability to practice with reasonable skill and safety to patients or clients.

(2) (a) Upon determining that a licensee, registrant, or certificate holder with a physical illness, physical condition, or behavioral or mental health disorder is able to render limited services with reasonable skill and safety to patients or clients, the regulator may enter into a confidential agreement with the licensee, registrant, or certificate holder in which the licensee, registrant, or certificate holder agrees to limit the person's practice based on the restrictions imposed by the physical illness, physical condition, or behavioral or mental health disorder, as determined by the regulator.

(b) As part of the agreement, the licensee, registrant, or certificate holder is subject to periodic reevaluations or monitoring as determined appropriate by the regulator. The regulator may refer the licensee, registrant, or certificate holder to a peer assistance health program, if one exists, for reevaluation or monitoring.

(c) The parties may modify or dissolve the agreement as necessary based on the results of a reevaluation or of monitoring.

(3) By entering into an agreement with the regulator pursuant to this section, the licensee, registrant, or certificate holder is not engaging in activities that constitute grounds for discipline. The agreement does not constitute a restriction or discipline by the regulator. However, if the licensee, registrant, or certificate holder fails to comply with the terms of an agreement entered into pursuant to this section, the failure constitutes grounds for discipline or unprofessional conduct, as applicable, and the licensee, registrant, or certificate holder is subject to discipline in accordance with section 12-20-404 and the part or article of this title 12 that governs the particular profession or occupation.

(4) (a) This section does not apply to:

(I) The following health-care professionals:

(A) Repealed.

(B) Hearing aid providers regulated pursuant to article 230 of this title 12;

(C) Repealed.

(D) Nurse aides regulated pursuant to article 255 of this title 12; or

(E) Nursing home administrators regulated pursuant to article 265 of this title 12; or

(F) to (H) Repealed.

(II) A licensee, registrant, or certificate holder subject to discipline for habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5).

(b) Repealed.
C.R.S. § 12-245-225 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-225
12-245-225. Authority of boards - cease-and-desist orders - rules - fines
Status: in_force

12-245-225. Authority of boards - cease-and-desist orders - rules - fines. (1) If a licensee, registrant, or certificate holder violates any provision of section 12-245-224, the board that licenses, registers, or certifies the licensee, registrant, or certificate holder may, in accordance with section 12-20-404:

(a) Issue and send, by certified mail, a letter of admonition to a licensee, registrant, or certificate holder under the circumstances specified in and in accordance with section 12-20-404 (4);

(b) Place a licensee, registrant, or certificate holder on probation;

(c) Deny, revoke, or suspend the person's license, registration, or certification;

(d) Deny, revoke, or suspend the listing of an unlicensed psychotherapist in the state board of unlicensed psychotherapists database established pursuant to section 12-245-703;

(e) Issue and send a confidential letter of concern to a licensee, registrant, or certificate holder under the circumstances specified in section 12-20-404 (5); or

(f) Apply for an injunction pursuant to section 12-245-230 to enjoin a licensee, registrant, or certificate holder from practicing the profession for which the person is licensed, registered, or certified under this article 245.

(2) When a licensee, registrant, or certificate holder violates an administrative requirement of this article 245, the board regulating the licensee, registrant, or certificate holder may impose an administrative fine on the licensee, registrant, or certificate holder, not to exceed five thousand dollars per violation. Each board shall adopt rules establishing a schedule of fines setting forth different levels of fines based on whether the licensee, registrant, or certificate holder has committed a single violation or subsequent violations of administrative requirements.

(3) A 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. § 12-290-118 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-118
12-290-118. Professional service corporations, limited liability companies, and registered l
Status: in_force

12-290-118. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of podiatry - definitions. (1) Persons licensed to practice podiatry by the board may form professional service corporations for the practice of podiatry under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of professional service corporations shall contain provisions complying with the following requirements:

(a) The name of the corporation shall contain the words "professional company" or "professional corporation" or abbreviations thereof.

(b) The corporation shall be organized solely for the purposes of conducting the practice of podiatry only through persons licensed by the board to practice podiatry in the state of Colorado.

(c) The corporation may exercise the powers and privileges conferred upon corporations by the laws of Colorado only in furtherance of and subject to its corporate purpose.

(d) All shareholders of the corporation shall be persons licensed by the board to practice podiatry in the state of Colorado, and who at all times own their shares in their own right. They shall be individuals who, except for illness, accident, time spent in the armed services, on vacations, and on leaves of absence not to exceed one year, are actively engaged in the practice of podiatry in the offices of the corporation.

(e) Provisions shall be made requiring any shareholder who ceases to be or for any reason is ineligible to be a shareholder to dispose of all the shareholder's shares immediately, either to the corporation or to any person having the qualifications described in subsection (1)(d) of this section.

(f) The president shall be a shareholder and a director and, to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors and officers shall not exercise any authority whatsoever over professional matters. Notwithstanding sections 7-108-103 to 7-108-106, relating to the terms of office of directors, a professional service corporation for the practice of podiatry may provide in the articles of incorporation or the bylaws that the directors may have terms of office of up to six years and that the directors may be divided into either two or three classes, each class to be as nearly equal in number as possible, with the terms of each class staggered to provide for the periodic, but not annual, election of less than all the directors.

(g) The articles of incorporation shall provide and all shareholders of the corporation shall agree that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods of time when each person licensed by the board to practice podiatry in Colorado who is a shareholder or any employee of the corporation has a professional liability policy insuring the licensee and all employees who are not licensed to practice podiatry who act at the licensee's direction in the amount of fifty thousand dollars for each claim and an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars or the corporation maintains in good standing professional liability insurance, which shall meet the following minimum standards:

(I) The insurance shall insure the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensed by the board to practice podiatry.

(II) The policies shall insure the corporation against liability imposed upon it by law for damages arising out of the acts, errors, and omissions of all nonprofessional employees.

(III) The insurance shall be in an amount for each claim of at least fifty thousand dollars multiplied by the number of persons licensed to practice podiatry employed by the corporation. The policy may provide for an aggregate top limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of persons licensed to practice podiatry employed by the corporation, but no firm shall be required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate top limit of liability for all claims during the year of nine hundred thousand dollars.

(IV) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof; the conduct of any business enterprise, as distinguished from the practice of podiatry, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation or in which the insured corporation may be a partner or that may be controlled, operated, or managed by the insured corporation in its own or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith; when not resulting from breach of professional duty, bodily injury to, or sickness, disease, or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereof; and the policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.

(2) (a) The corporation shall do nothing that, if done by a person licensed to practice podiatry in the state of Colorado employed by it, would violate the standards of professional conduct as provided for in section 12-290-108 (3). Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice podiatry.

(b) The provisions of subsection (5)(b) of this section shall apply to the employment of a podiatrist by a professional service corporation, limited liability company, or registered limited liability partnership formed for the practice of podiatry in accordance with this section regardless of the date of formation of the entity.

(3) Nothing in this section shall be deemed to diminish or change the obligation of each person licensed to practice podiatry employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct provided for in section 12-290-108 (3). Any person licensed by the board to practice podiatry who by act or omission causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, shall be deemed personally responsible for the act or omission and shall be subject to discipline for the act or omission.

(4) A professional service corporation may adopt a pension, cash profit sharing, deferred profit sharing, health and accident, insurance, or welfare plan for all or part of its employees including lay employees if the plan does not require or result in the sharing of specific or identifiable fees with lay employees, and if any payments made to lay employees, or into any such plan in behalf of lay employees, are based upon their compensation or length of service, or both, rather than the amount of fees or income received.

(5) (a) Except as provided in this section, corporations shall not practice podiatry.

(b) Employment of a podiatrist by a certified or licensed hospital, licensed skilled nursing facility, certified home health agency, licensed hospice, certified comprehensive outpatient rehabilitation facility, certified rehabilitation agency, authorized health maintenance organization, accredited educational entity, or other entity wholly owned and operated by any governmental unit or agency shall not be considered the corporate practice of podiatry if:

(I) The relationship created by the employment does not affect the ability of the podiatrist to exercise his or her independent judgment in the practice of the profession;

(II) The podiatrist's independent judgment in the practice of the profession is in fact unaffected by the relationship;

(III) The policies of the entity employing the podiatrist contain a procedure by which complaints by a podiatrist alleging a violation of this subsection (5)(b) may be heard and resolved;

(IV) The podiatrist is not required to exclusively refer any patient to a particular provider or supplier; except that nothing in this subsection (5)(b)(IV) shall invalidate the policy provisions of a contract between a podiatrist and his or her intermediary or the managed care provisions of a health coverage plan; and

(V) The podiatrist is not required to take any other action he or she determines not to be in the patient's best interest.

(c) A podiatrist employed by an entity described in subsection (5)(b) of this section shall be an employee of the entity for purposes of liability for all acts, errors, and omissions of the employee.

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

(a) "Articles of incorporation" includes operating agreements of limited liability companies and partnership agreements of registered limited liability partnerships.

(b) "Corporation" includes a limited liability company organized under the "Colorado Limited Liability Company Act", article 80 of title 7, and a limited liability partnership registered under section 7-60-144 or 7-64-1002.

(c) "Director" and "officer" of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.

(d) "Employees" includes employees, members, and managers of a limited liability company and employees and partners of a registered limited liability partnership.

(e) "Share" includes a member's rights in a limited liability company and a partner's rights in a registered limited liability partnership.

(f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.
C.R.S. § 12-210-109.5 — CO Code / Title 12 / Article 210 / Part 1 / Section 12-210-109.5
12-210-109.5. Interstate compact - powers and duties of the director - rules - definitions
Status: in_force

12-210-109.5. Interstate compact - powers and duties of the director - rules - definitions. (1) As used in this section:

(a) "Adverse action" has the meaning established in section 24-60-4102.

(b) "Commission" means the audiology and speech-language pathology compact commission established in section 24-60-4102.

(c) "Compact" means the audiology and speech-language pathology interstate compact authorized in part 41 of article 60 of title 24.

(d) "Data system" has the meaning established in section 24-60-4102.

(e) "Telehealth" has the meaning established in section 24-60-4102 with regard to delivering audiology services.

(2) With regard to the compact, the director has the following powers and duties:

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

(b) To promulgate the rules necessary for the implementation, administration, and enforcement of the compact. The director shall promulgate rules in accordance with article 4 of title 24.

(c) To appoint a person to serve as a commissioner on the commission;

(d) To regulate telehealth in accordance with the compact;

(e) To notify the commission of any adverse action regarding a licensed audiologist;

(f) To provide uniform data to the data system consistent with the rules of the commission; and

(g) 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. § 12-315-112 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-112
12-315-112. Discipline of licensees - definition
Status: in_force

12-315-112. Discipline of licensees - definition. (1) Upon receipt of a signed complaint by a complainant or upon its own motion, the board may proceed to a hearing in accordance with section 12-315-113. After a hearing, and by a concurrence of a majority of members, the board may take disciplinary or other action as authorized in section 12-20-404 against an applicant for a license or a licensed veterinarian for any of the following reasons:

(a) Violation of any provision of this article 315, an applicable provision of article 20 or 30 of this title 12, or any rule or order of the board;

(b) Violation of section 12-280-121 or any rules of the state board of pharmacy promulgated pursuant to that section;

(c) Fraud, misrepresentation, or deception in attempting to obtain or in obtaining a license;

(d) Fraud, deception, misrepresentation, or dishonest or illegal practices in or connected with the practice of veterinary medicine;

(e) Misrepresentation in the inspection of food for human consumption;

(f) Fraudulent issuance or use of any health certificate, vaccination certificate, test chart, or blank form used in the practice of veterinary medicine to prevent the dissemination of animal disease, transportation of diseased animals, or the sale of inedible products of animal origin for human consumption;

(g) Fraud or dishonesty in the application or reporting of any test for disease in animals;

(h) Failure to keep veterinary premises and equipment in a clean and sanitary condition;

(i) Refusal to permit the board to inspect veterinary premises during business hours;

(j) Use of advertising or solicitation that is false or misleading;

(k) Incompetence, negligence, or other malpractice in the practice of veterinary medicine;

(l) Unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine that are in violation of generally accepted standards of veterinary practice as defined in this article 315 or prescribed by the rules of the board;

(m) Willful making of any false statement as to any material matter in any oath or affidavit that is required by this article 315;

(n) Conviction of a charge of cruelty to animals;

(o) Conviction of a violation of the "Uniform Controlled Substances Act of 2013", article 18 of title 18, the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended, or the federal "Controlled Substances Import and Export Act", 21 U.S.C. sec. 951 et seq., as amended, or any of them;

(p) Conviction of a crime in the courts of this state or of a crime in any other state, any territory, or any other country for an offense related to the conduct regulated by this part 1, regardless of whether the sentence is deferred. As used in this subsection (1)(p), "conviction" includes a plea of guilty or a plea of nolo contendere accepted by the court.

(q) Conviction upon charges that involve the unlawful practice of veterinary medicine, and, based upon a record of the conviction, without any other testimony, the board may take temporary disciplinary action, even though an appeal for review by a higher court may be pending;

(r) Permitting another to use the licensee's license for the purpose of treating or offering to treat sick, injured, or afflicted animals;

(s) Practicing veterinary medicine under a false or assumed name, or impersonating another practitioner of a like, similar, or different name;

(t) Maintenance of a professional or business connection with any other person who continues to violate any of the provisions of this article 315 or rules of the board after ten days following receipt of the board's written request for termination of the connection;

(u) Habitual or excessive use or abuse of alcohol beverages, a habit-forming drug, or a controlled substance as defined in section 18-18-102 (5);

(v) A determination that the individual is mentally incompetent by a court of competent jurisdiction and the court has entered, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency is of such a degree that the individual is incapable of continuing to practice veterinary medicine;

(w) Engaging in the practice of veterinary medicine while in inactive status or while the person's license is expired;

(x) Failing to report a known violation of any of the provisions of this section;

(y) Administering, dispensing, distributing, or prescribing any prescription drug other than in the course of a veterinarian-client-patient relationship, except in accordance with section 12-315-105 (2)(b);

(z) An act or omission that fails to meet generally accepted standards of veterinary practice;

(aa) Practicing or performing services beyond a licensee's scope of competence;

(bb) Engaging in any act prohibited in article 280 of this title 12;

(cc) Failure to respond to a complaint against the licensed veterinarian;

(dd) Failure to provide to the board an updated mailing address and other contact information as required by the board within thirty days after a change in the information;

(ee) [Editor's note: This version of subsection (1)(ee) is effective until January 1, 2026.] Failure to properly supervise a veterinary student, a veterinary student preceptor, a veterinary technician, a veterinary technician specialist, other veterinary staff, or other individuals who are performing tasks under a licensed veterinarian's supervision;

(ee) [Editor's note: This version of subsection (1)(ee) is effective January 1, 2026.] Failure to properly supervise a veterinary student, a veterinary student preceptor, a veterinary technician, a veterinary professional associate, a veterinary technician specialist, other veterinary staff, or other individuals who are performing tasks under a licensed veterinarian's supervision;

(ff) Failure to provide a written prescription to a wholesaler within three business days after issuing an oral prescription order, as required by section 12-280-120 (3)(b);

(gg) Failure to comply with terms agreed to under a confidential agreement entered into under sections 12-30-108 and 12-315-125.

(2) The board may send a letter of admonition to a licensee 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 the licensee under the circumstances specified in section 12-20-404 (5).

(4) The record of conviction of a felony in a court of competent jurisdiction shall be sufficient evidence for the disciplinary action to be taken as may be deemed proper by the board. For the purposes of this part 1, a conviction shall be deemed to be a conviction that has been upheld by the highest appellate court having jurisdiction or a conviction upon which the time for filing an appeal has passed.

(5) With respect to denying the issuance of a veterinary license or to taking disciplinary action against a veterinarian, the board may accept as prima facie evidence of grounds for the action any federal or state action taken against a veterinarian from another jurisdiction if the violation that prompted the disciplinary action in the jurisdiction would constitute grounds for disciplinary action under this section.

(6) In addition to any other penalty that may be imposed pursuant to this section, any person violating this part 1 or any rules promulgated pursuant to this part 1 may be fined not less than one hundred dollars nor more than one thousand dollars for any such violation.

(7) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; except that the board may also issue a cease-and-desist order on its own motion.

(8) The board may suspend the license of a veterinarian who fails to comply with an order of the board issued in accordance with this section. The board may impose the license suspension until the licensee complies with the board's order.
C.R.S. § 12-280-125.7 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-125.7
12-280-125.7. Pharmacists' authority to prescribe and dispense HIV prevention drugs - definiti
Status: in_force

12-280-125.7. Pharmacists' authority to prescribe and dispense HIV prevention drugs - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "CDC" means the federal centers for disease control and prevention in the United States department of health and human services, or any successor entity.

(b) "CDC guidelines" means the CDC guidelines for preexposure prophylaxis for the prevention of HIV infection and the "Updated Guidelines for Antiretroviral Postexposure Prophylaxis After Sexual, Injection Drug Use, or Other Nonoccupational Exposure to HIV", and any analogous subsequent guidelines published by the CDC.

(c) "HIV prevention drug" means preexposure prophylaxis, post-exposure prophylaxis, or other drugs approved by the FDA for the prevention of HIV infection.

(d) "Post-exposure prophylaxis" means a drug or drug combination that meets the same clinical eligibility recommendations provided in CDC guidelines.

(e) "Preexposure prophylaxis" means a drug or drug combination that meets the same clinical eligibility recommendations provided in CDC guidelines.

(f) "Prescriber" means:

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

(II) An advanced practice registered nurse, as defined in section 12-255-104 (1), or a certified midwife, as defined in section 12-255-104 (3.2), with prescriptive authority pursuant to section 12-255-112.

(g) "Standing order" means a prescription order written by a prescriber that is not specific to and does not identify a particular patient.

(2) A pharmacist may prescribe and dispense HIV prevention drugs in accordance with a standing order pursuant to section 25-1-130 or a statewide drug therapy protocol developed pursuant to subsection (5) of this section.

(3) Before prescribing or dispensing HIV prevention drugs to a patient, a pharmacist must:

(a) Hold a current license to practice in Colorado;

(b) Be engaged in the practice of pharmacy;

(c) Have earned a doctorate of pharmacy degree or completed at least five years of experience as a licensed pharmacist;

(d) Carry adequate professional liability insurance as determined by the board; and

(e) Complete a training program accredited by the Accreditation Council for Pharmacy Education, or its successor entity, pursuant to the protocol developed by the board.

(4) The board shall promulgate rules necessary to implement this section, including rules that establish protocols for prescribing and dispensing preexposure prophylaxis and post-exposure prophylaxis.

(5) (a) On or before six months after July 13, 2020, the state board of pharmacy, the Colorado medical board, and the state board of nursing shall, in collaboration with the department of public health and environment, and as described in section 12-280-601 (1)(b), develop statewide drug therapy protocols for pharmacists to prescribe and dispense HIV prevention drugs.

(b) If the state board of pharmacy, the Colorado medical board, and the state board of nursing are not able to agree in the time period required by subsection (5)(a) of this section to statewide drug therapy protocols for pharmacists to prescribe and dispense HIV prevention drugs, the state board of pharmacy shall collaborate with the department of public health and environment to develop and implement statewide drug therapy protocols by January 1, 2021.

(c) In developing the statewide drug therapy protocols, the applicable boards and the department of public health and environment shall consider physician referrals; lab testing, including preexposure and post-exposure prescribing tests, and appropriate referrals pursuant to CDC guidelines; counseling pursuant to CDC guidelines; and patient follow-up care and counseling.
C.R.S. § 12-265-106 — CO Code / Title 12 / Article 265 / Section 12-265-106
12-265-106. Board of examiners of nursing home administrators - creation - subject to termin
Status: in_force

12-265-106. Board of examiners of nursing home administrators - creation - subject to termination. (1) (a) The board of examiners of nursing home administrators is hereby created in the division. The board is composed of the following members appointed by the governor:

(I) Three members who are practicing nursing home administrators duly licensed under this article 265, at least one of whom shall be from nonprofit facility administration; and

(II) Two members representative of the public at large.

(b) No more than three of the members of the board shall be officials or full-time employees of state government or local governments. The term of office for each member of the board shall be four years. No member of the board shall serve more than two consecutive terms. All the members of the board shall be residents of this state.

(2) (a) A nursing home administrator is qualified to be appointed to the board if the person:

(I) Is a legal resident of Colorado;

(II) Is currently licensed as a nursing home administrator; and

(III) Has been actively engaged as a licensed nursing home administrator for at least three years.

(b) Notwithstanding subsection (2)(a) of this section, a person convicted of a felony in Colorado or any other state or of violating this article 265 or any law governing the practice of nursing home administration shall not be appointed to or serve on the board.

(3) (a) The governor shall make appointments to the board. In making an appointment to fill a vacancy on the board in the position of, or to fill the remainder of an unexpired term for, a nursing home administrator who is from nonprofit facility administration, as required by subsection (1)(a)(I) of this section, if the governor, after a good-faith attempt, is unable to find a nursing home administrator candidate who comes from nonprofit facility administration to fill the vacancy or complete the unexpired term, the governor may appoint any qualified nursing home administrator to complete the unexpired term or fill the vacancy in that board position. If the appointment is to fill a vacancy, the board member may serve the full term and is eligible for appointment for a second term.

(b) The governor may remove any board member for negligence, incompetency, unprofessional conduct, or willful misconduct. Actions constituting neglect of duty include but are not limited to three unexcused absences from scheduled meetings in any one calendar year. The governor shall fill a vacancy in the membership of the board for the remainder of the unexpired term. A member who is a practicing nursing home administrator or long-term care professional shall serve for a full term only if, during the term, the member is actively employed as a practicing member of his or her profession without a lapse of employment greater than one hundred twenty days.

(4) The board shall elect annually from its membership a chair and vice-chair. The board shall hold two or more meetings each year. At any meeting a majority shall constitute a quorum.

(5) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this article 265 under the department, the executive director, and the division.

(6) The director of the division may appoint, subject to section 13 of article XII of the state constitution, a program director for the board. The program director shall not be a member of the board, but shall have the powers and shall perform the duties prescribed by law and the rules of the board. Additional staff may be appointed by the director of the division to adequately assist the board and the program director in keeping records and in the performance of their duties. These employees, if any, shall be appointed and serve in accordance with section 13 of article XII of the state constitution.
C.R.S. § 12-315-306 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-306
12-315-306. Telereferral
Status: in_force

12-315-306. Telereferral. (1) A veterinarian with an established veterinarian-client-patient relationship may refer a patient to a veterinary specialist.

(2) A veterinary specialist to whom a patient is referred may provide veterinary services using telecommunications technology for the patient and client under the referring veterinarian's veterinarian-client-patient relationship.

(3) A veterinary specialist to whom a patient is referred shall provide the referring veterinarian with information related to the diagnosis, treatment, and progress of the patient.

(4) (a) A veterinary specialist to whom a patient is referred shall not prescribe medications to the patient unless the veterinary specialist establishes a veterinarian-client-patient relationship through an in-person, physical examination of the patient.

(b) The licensed veterinarian with the established veterinarian-client-patient relationship may prescribe medications to the patient after consultation with the veterinary specialist to whom the patient was referred.
C.R.S. § 12-215-118 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-118
12-215-118. Disciplinary proceedings
Status: in_force

12-215-118. Disciplinary proceedings. (1) The board, through the department, may employ administrative law judges, on a full-time or part-time basis, to conduct hearings as provided by this article 215 or on any matter within the board's jurisdiction upon the conditions and terms the board may determine.

(2) A proceeding for the discipline of a licensee may be commenced when the board has reasonable grounds to believe that a licensee under the board's jurisdiction has committed an act that may violate section 12-215-115.

(3) Disciplinary proceedings and hearings shall be conducted in the manner prescribed by article 4 of title 24 and section 12-20-403.

(4) A previously issued license to engage in the practice of chiropractic shall not be revoked or suspended until after a hearing conducted pursuant to section 24-4-105, except in the case of a deliberate and willful violation of this article 215 or if the public health, safety, and welfare require emergency action under section 24-4-104 (4). The denial of an application to renew an existing license shall be treated in all respects as a revocation. If an application for a new license is denied, the applicant, within sixty days after the giving of notice of such action, may request a hearing as provided in section 24-4-105.

(5) (a) A person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare them from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but he or she shall identify the patient by a numbered code, to be retained by the custodian of the records from which the copies were made.

(b) Upon certification of the custodian that the copies are true and complete except for the patient's name, they shall be deemed authentic, subject to the right to subpoena the originals for the limited purpose of ascertaining the accuracy of the copies. The originals shall remain confidential and be returned to the custodian as soon as the accuracy of the copy is ascertained or as soon as the case is concluded if the original is needed as evidence of falsification. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board or the custodian for furnishing or using the copies in accordance with this subsection (5).

(6) If a licensee has committed an act that violates section 12-215-115, the board shall take disciplinary or other action as specified in section 12-20-404 or otherwise discipline a licensee as provided for in this article 215. A revoked or suspended license may thereafter be reissued by the board. The board may dismiss or terminate probation prior to the completion of the probationary period.

(7) The board may send a letter of admonition by certified mail to a chiropractor against whom a complaint was made under the circumstances specified in and in accordance with section 12-20-404 (4) and shall also send a copy of the letter of admonition to the person making the complaint.

(8) Notwithstanding other laws to the contrary, investigations, examinations, meetings, and other proceedings of the board conducted pursuant to this section are not required to be conducted publicly, and minutes of the board need not be open to public inspection; except that final action of the board taken pursuant to this section shall be open to the public.
C.R.S. § 12-255-208 — CO Code / Title 12 / Article 255 / Part 2 / Section 12-255-208
12-255-208. Medication aides - training - scope of duties - rules
Status: in_force

12-255-208. Medication aides - training - scope of duties - rules. (1) Prior to a certified nurse aide obtaining authority as a medication aide to administer medications, the certified nurse aide shall meet all applicable requirements as established by rules of the board. The board shall promulgate rules regarding the scope of practice, education, experience, and certification requirements for a nurse aide to obtain authority to administer medications. The board shall consider, but not be limited to, reducing the number of required hours of education, expanding the allowable routes of administration, reducing or eliminating the required hours of work experience, and developing different scopes of practice depending on practice setting, if appropriate.

(2) The board shall promulgate rules regarding the supervision requirements for a medication aide, the requirements for a registered nurse to perform a patient assessment before a medication aide administers medications to the patient, and requirements for a registered nurse to review medications to be administered by a medication aide.

(3) The administration of medications by medication aides does not alter any requirement or limitation applicable to the delegation of nursing tasks pursuant to section 12-255-131.
C.R.S. § 12-220-201 — CO Code / Title 12 / Article 220 / Part 2 / Section 12-220-201
12-220-201. Grounds for disciplinary action - definition
Status: in_force

12-220-201. Grounds for disciplinary action - definition. (1) The board may take disciplinary action against an applicant or licensee in accordance with sections 12-20-404 and 12-220-202 for any of the following causes:

(a) Engaging in fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a license to practice dentistry, dental therapy, or dental hygiene in this state, in applying for professional liability coverage required pursuant to section 12-220-307, or in taking the examinations provided for in this article 220;

(b) Conviction of a felony or any crime that constitutes a violation of this article 220. For purposes of this subsection (1)(b), "conviction" includes the entry of a plea of guilty or nolo contendere or a deferred sentence.

(c) Administering, dispensing, or prescribing a habit-forming drug or controlled substance, as defined in section 18-18-102 (5), to a person, including the applicant or licensee, other than in the course of legitimate professional practice;

(d) Conviction of a violation of a federal or state law regulating the possession, distribution, or use of a controlled substance, as defined in section 18-18-102 (5), and, in determining if a license should be denied, revoked, or suspended or if the licensee should be placed on probation, the board is governed by sections 12-20-202 (5) and 24-5-101;

(e) Habitually abusing or excessively using alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5);

(f) Misusing a drug or controlled substance, as defined in section 18-18-102 (5);

(g) Aiding or abetting, in the practice of dentistry, dental therapy, or dental hygiene, a person who is not licensed to practice dentistry, dental therapy, or dental hygiene under this article 220 or whose license to practice dentistry, dental therapy, or dental hygiene is suspended;

(h) Except as otherwise provided in sections 12-220-304, 12-220-503 (4), and 25-3-103.7, practicing dentistry, dental therapy, or dental hygiene as a partner, agent, or employee of or in joint venture with any person who does not hold a license to practice dentistry, dental therapy, or dental hygiene within this state or practicing dentistry, dental therapy, or dental hygiene as an employee of or in joint venture with any partnership, association, or corporation. A licensee holding a license to practice dentistry, dental therapy, or dental hygiene in this state may accept employment from any person, partnership, association, or corporation to examine, prescribe, and treat the employees of the person, partnership, association, or corporation.

(i) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision or term of this article 220, an applicable provision of article 20 or 30 of this title 12, or any lawful rule or order of the board;

(j) (I) Failing to 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 renders the licensee unable, or limits the licensee's ability, to perform dental, dental therapy, or dental hygiene services with reasonable skill and with safety to the patient;

(II) Failing to act within the limitations created by a physical illness, physical condition, or behavioral health, mental health, or substance use disorder that renders the licensee unable to perform dental, dental therapy, or dental hygiene services with reasonable skill and safety or that may endanger the health or safety of persons under the licensee's care; or

(III) Failing to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-220-207;

(k) Committing an act or omission that constitutes grossly negligent dental, dental therapy, or dental hygiene practice or that fails to meet generally accepted standards of dental, dental therapy, or dental hygiene practice;

(l) Advertising in a manner that is misleading, deceptive, or false;

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

(n) Refusing to make patient records available to a patient pursuant to a written authorization-request under section 25-1-802;

(o) False billing in the delivery of dental, dental therapy, or dental hygiene services, including performing one service and billing for another, billing for any service not rendered, or committing a fraudulent insurance act, as defined in section 10-1-128;

(p) Committing abuse of health insurance in violation of section 18-13-119;

(q) Failing to notify the board, in writing and within ninety days after a judgment is entered, of a final judgment by a court of competent jurisdiction in favor of any party and against the licensee involving negligent malpractice of dentistry, dental therapy, or dental hygiene, which notice must contain the name of the court, the case number, and the names of all parties to the action;

(r) Failing to report a dental, dental therapy, or dental hygiene malpractice judgment or malpractice settlement to the board by the licensee within ninety days;

(s) Failing to furnish unlicensed persons with laboratory work orders pursuant to section 12-220-502;

(t) Employing a solicitor or other agent to obtain patronage, except as provided in section 12-220-309;

(u) Willfully deceiving or attempting to deceive the board or its agents with reference to any matter relating to this article 220;

(v) Sharing any professional fees with anyone except those with whom the dentist, dental therapist, or dental hygienist is lawfully associated in the practice of dentistry, dental therapy, or dental hygiene; except that:

(I) A licensed dentist or dental hygienist may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered by the agent for the benefit of the licensed dentist or dental hygienist, including compensation that is based on the results or performance of the services on a per-patient basis; and

(II) Nothing in this section prohibits a dentist, dental therapist, or dental hygienist practice owned or operated by a proprietor authorized under section 12-220-303 from contracting with any person or entity for business management services or paying a royalty in accordance with a franchise agreement if the terms of the contract or franchise agreement do not affect the exercise of the independent professional judgment of the dentist, dental therapist, or dental hygienist.

(w) Failing to provide reasonably necessary referral of a patient to other licensed dentists or licensed health-care professionals for consultation or treatment when the failure to provide referral does not meet generally accepted standards of dental care;

(x) Failure of a dental therapist or dental hygienist to recommend that a patient be examined by a dentist or to refer a patient to a dentist when the dental therapist or dental hygienist detects a condition that requires care beyond the scope of practicing dental therapy or supervised or unsupervised dental hygiene;

(y) Engaging in any of the following activities and practices:

(I) Willfully and repeatedly ordering or performing, without clinical justification, demonstrably unnecessary laboratory tests or studies;

(II) Administering, without clinical justification, treatment that is demonstrably unnecessary;

(III) In addition to the provisions of subsection (1)(x) of this section, failing to obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession;

(IV) Ordering or performing, without clinical justification, any service, X ray, or treatment that is contrary to recognized standards of the practice of dentistry, dental therapy, or dental hygiene, as interpreted by the board;

(z) Falsifying or repeatedly making incorrect essential entries or repeatedly failing to make essential entries on patient records;

(aa) Violating section 8-42-101 (3.6);

(bb) Violating section 12-220-602 or any rule of the board adopted pursuant to that section;

(cc) Administering local anesthesia, minimal sedation, moderate sedation, or deep sedation/general anesthesia without obtaining a permit from the board in accordance with section 12-220-411;

(dd) Failing to report to the board, within ninety days after final disposition, the surrender of a license to, or adverse action taken against a license by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for an act or conduct that would constitute grounds for discipline pursuant to this article 220;

(ee) Failing to provide adequate or proper supervision of unlicensed persons in dental, dental therapy, or dental hygiene practice;

(ff) Engaging in any conduct that constitutes a crime as defined in title 18, which conduct relates to the licensee's practice as a dentist, dental therapist, or dental hygienist;

(gg) Practicing outside the scope of dental, dental therapy, or dental hygiene practice;

(hh) Failing to establish and continuously maintain financial responsibility or professional liability insurance as required by section 12-220-307;

(ii) Advertising or otherwise holding oneself out to the public as practicing a dental specialty in which the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association;

(jj) Failing to respond in an honest, materially responsive, and timely manner to a complaint filed against the licensee pursuant to this article 220;

(kk) Committing an act or omission that fails to meet generally accepted standards for infection control;

(ll) Administering moderate sedation or deep sedation/general anesthesia without a licensed dentist or other licensed health-care professional qualified to administer the relevant level of sedation or anesthesia present in the operatory;

(mm) Failing to complete and maintain records of completing continuing education as required by section 12-220-308;

(nn) Failing to comply with section 12-220-505 regarding the placement of interim therapeutic restorations;

(oo) Failing to comply with sections 12-220-501 (1)(a)(II)(C) and 12-220-503 (1)(g) and rules adopted pursuant to those sections regarding the application of silver diamine fluoride; or

(pp) Failing to accurately complete and submit the questionnaire required by section 12-220-408 (2).
C.R.S. § 12-280-109 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-109
12-280-109. Drugs, devices, and other materials
Status: in_force

12-280-109. Drugs, devices, and other materials. (1) The board is responsible for the control and regulation of drugs, including the following:

(a) The regulation of the sale at retail and the dispensing of drugs;

(b) The specification of minimum professional and technical equipment, environment, supplies, and procedures for the compounding or dispensing of medications and drugs;

(c) The control of the purity and quality of drugs.

(2) The board is responsible for the control and regulation of the sale of devices at retail; except that the board shall not regulate the sale of any disposable veterinary device. The board may also exempt from regulation veterinary devices:

(a) That are regulated by the FDA; or

(b) For which the board determines regulation is unnecessary.
C.R.S. § 12-15-102 — CO Code / Title 12 / Article 15 / Section 12-15-102
12-15-102. Division of conservation - creation - director
Status: in_force

12-15-102. Division of conservation - creation - director. (1) There is created in the department the division of conservation, referred to in this article 15 as the "division". The executive director is authorized by this section to employ, subject to the provisions of the state personnel system laws of the state, a director of the division, who in turn shall employ such deputies, clerks, and assistants as are necessary to discharge the duties imposed by this article 15. The division and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.

(2) It is the duty of the director of the division, or his or her designee, to aid in the administration and enforcement of this article 15 and to administer, in consultation with the conservation easement oversight commission, the certification of conservation easement holders and issuance of tax credit certificates as provided in this article 15.

(3) To aid in the administration and enforcement of this article 15, the division has the authority to accept grants for and act as a holder of conservation easements in gross.
C.R.S. § 12-245-401 — CO Code / Title 12 / Article 245 / Part 4 / Section 12-245-401
12-245-401. Definitions
Status: in_force

12-245-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Approved school" means any university or other institution of higher education offering a full-time undergraduate course of study in social work approved by the Council on Social Work Education or its predecessor organization.

(2) "Board" means the state board of social work examiners, created in section 12-245-402.

(3) "Clinical social work practice" shall have the same meaning as "social work practice" as defined in section 12-245-403.

(4) "Graduate school of social work" means any university or other institution of higher education offering a full-time graduate course of study in social work approved by the Council on Social Work Education or its predecessor organization.

(5) "Independent practice" means practicing independent of supervision.

(6) "Independent private practice" means a practice charging a fee in a setting other than under the auspices of a public or private nonprofit agency exempt from federal income tax under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended.

(7) "Licensed clinical social worker" means any person licensed under the provisions of this part 4 as a clinical social worker.

(8) "Licensed social worker" means a person licensed under this part 4 as a licensed social worker.

(9) "Social worker" means a person who has completed an earned master's or bachelor's degree in social work from a social work education program accredited by the Council on Social Work Education, or a doctoral degree in social work from a doctoral program within a social work education program accredited by the Council on Social Work Education, and who is practicing within the scope of section 12-245-403.