C.R.S. § 12-155-101 — CO Code / Title 12 / Article 155 / Section 12-155-101
12-155-101. Legislative declaration
Status: in_force

12-155-101. Legislative declaration. (1) The general assembly hereby finds that:

(a) Improper plumbing can adversely affect the health of the public and that faulty plumbing is potentially lethal and can cause widespread disease and an epidemic of disastrous consequences;

(b) To protect the health of the public, it is essential that plumbing be installed by persons who have proven their knowledge of the sciences of pneumatics and hydraulics and their skill in installing plumbing.

(2) Consistent with its duty to safeguard the health of the people of this state, the general assembly hereby declares that individuals who plan, install, alter, extend, repair, and maintain plumbing systems should be individuals of proven skill. To provide standards of skill for those in the plumbing trade and to authoritatively establish what shall be good plumbing practice, the general assembly hereby provides for the licensing of plumbers and for the promulgation of a model plumbing code of standards by the state plumbing board, and this article 155 is therefore declared to be essential to the public interest.

(3) The general assembly encourages the state plumbing board to adopt and incorporate by reference appendix C of the "International Plumbing Code" (I.P.C.), 2009 edition, promulgated by the International Code Council, first printing (January 2009), or the graywater provisions within a newer edition of the I.P.C., whether the provisions are contained in appendix C or elsewhere.
C.R.S. § 12-110-109 — CO Code / Title 12 / Article 110 / Section 12-110-109
12-110-109. Renewal and reinstatement of licenses - fees
Status: in_force

12-110-109. Renewal and reinstatement of licenses - fees. All licenses issued pursuant to this article 110 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 110 or section 12-20-202 (1).
C.R.S. § 12-110-115 — CO Code / Title 12 / Article 110 / Section 12-110-115
12-110-115. Violations
Status: in_force

12-110-115. Violations. (1) Fines. The director may issue an order against any person who willfully violates this article 110, after providing prior notice and an opportunity for a hearing pursuant to section 24-4-105. The director may impose a fine in an amount up to five thousand dollars for a single violation or twenty-five thousand dollars for multiple violations in a proceeding or a series of related proceedings.

(2) Criminal penalties. Any person who engages in or offers or attempts to engage in the conduct, promotion, or performance of live boxing matches without an active license or permit issued under this article 110 is subject to penalties pursuant to section 12-20-407 (1)(a).

(3) Injunction. Whenever it appears to the director that a person has engaged or is about to engage in an act or practice that violates this article 110 or a rule or order issued under this article 110, the director may bring an action to enjoin the acts or practices and to enforce compliance with this article 110 or any rule or order.

(4) Enforcement. The commission and director may assist local law enforcement agencies in their investigations of violations of this article 110 and may initiate and carry out such investigations in coordination with local law enforcement agencies.

(5) Judicial review. Section 12-20-408 governs final director actions and orders appropriate for judicial review.
C.R.S. § 12-245-205 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-205
12-245-205. Fees - renewal
Status: in_force

12-245-205. Fees - renewal. (1) All fees collected pursuant to this article 245 shall be determined, collected, and appropriated in the same manner as set forth in section 12-20-105.

(2) Each board may charge fees established pursuant to section 12-20-105 to all applicants for licensure, registration, or certification under this article 245.

(3) Each license, registration, or certification issued pursuant to this article 245 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license, registration, or certification expires is subject to the penalties provided in this article 245 or section 12-20-202 (1).

(4) The director shall coordinate fee-setting pursuant to this section so that all licensees, registrants, and certificate holders pay fees as required by this section.
C.R.S. § 12-280-125.3 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-125.3
12-280-125.3. Pharmacists' authority - minor prescription adaptions
Status: in_force

12-280-125.3. Pharmacists' authority - minor prescription adaptions. (1) Except as provided in subsection (3) of this section, a pharmacist who is acting in good faith and is using professional judgment and exercising reasonable care may make the following minor adaptions to an order if the pharmacist has the informed consent of the patient for whom the prescription was provided:

(a) A change in the prescribed dosage form or directions for use of the prescription drug if the change achieves the intent of the prescribing practitioner;

(b) A change in the prescribed quantity of the prescription drug if the prescribed quantity is not a package size commercially available from the manufacturer;

(c) An extension of the quantity of a maintenance drug for the limited quantity necessary to achieve medication refill synchronization for the patient; and

(d) Completion of missing information on the order if there is sufficient evidence to support the change.

(2) A pharmacist who adapts an order in accordance with subsection (1) of this section shall document the adaption and the justification for the change in the patient's pharmacy record with the original prescription and shall notify the prescribing practitioner of the adaption.

(3) A pharmacist shall not adapt an order if the prescribing practitioner has written "do not adapt" on the prescription or has otherwise communicated to the pharmacist that the prescription must not be adapted.
C.R.S. § 12-110-106 — CO Code / Title 12 / Article 110 / Section 12-110-106
12-110-106. Colorado combative sports commission - creation
Status: in_force

12-110-106. Colorado combative sports commission - creation. (1) There is hereby created, within the office of combative sports, the Colorado combative sports commission. The commission shall regulate matches in Colorado.

(2) (a) The commission consists of five voting members and two nonvoting advisory members. All members must be residents of Colorado, be of good character, and not have been convicted of any felony or match-related offense, notwithstanding section 24-5-101, and be appointed as follows:

(I) The governor shall appoint three voting members.

(II) The president of the senate shall appoint one voting member.

(III) The speaker of the house of representatives shall appoint one voting member.

(IV) (A) Two nonvoting advisory members who are licensed physicians shall be appointed, one by the speaker of the house of representatives and one by the president of the senate.

(B) The two nonvoting advisory members shall advise the commission on matters concerning the health and physical condition of boxers and health issues relating to the conduct of matches. The nonvoting members may prepare and submit to the commission for its consideration and approval any rules that in their judgment will safeguard the physical welfare of the participants engaged in boxing.

(b) Members' terms are four years.

(c) The commission shall designate by majority vote which member is to serve as chair. Any member may be removed from office by the person making the appointment for misfeasance, malfeasance, willful neglect of duty, or other cause.

(d) Members shall serve until their successors are appointed and have been qualified. Any vacancy in the membership of the commission shall be filled in the same manner as the original appointment. A vacancy in the membership of the commission other than by expiration of term shall be filled for the remainder of the unexpired term only.

(3) Meetings of the commission shall be held at least annually and shall be called by the chair or by any two members of the commission and shall be open to the public. Any three voting members shall constitute a quorum at any meeting. Action may be taken and motions and resolutions may be adopted at any meeting at which a quorum exists by the affirmative vote of a majority of the voting members present. Members may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all members participating may simultaneously hear one another at all times during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting.
C.R.S. § 12-30-102 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-102
12-30-102. Medical transparency act of 2010 - disclosure of information about health-care p
Status: repealed

12-30-102. Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - repeal. (1) The short title of this section is the "Michael Skolnik Medical Transparency Act of 2010".

(2) (a) The general assembly hereby finds and determines that:

(I) The people of Colorado need to be fully informed about the past practices of persons practicing a health-care profession in this state in order to make informed decisions when choosing a health-care provider and determining whether to proceed with a particular regimen of care recommended by a health-care provider;

(II) The purpose of this section is to provide transparency to the public regarding the competency of persons engaged in the practice of certain health-care professions in this state to assist citizens in making informed health-care decisions.

(b) The general assembly further finds and declares that it is important to make information about persons engaged in the practice of a health-care profession available to the public in a manner that is efficient, cost-effective, and maintains the integrity of the information, and to that end, the general assembly encourages persons to file the required information with the division electronically, to the extent possible.

(3) (a) As used in this section, "applicant" means a person applying for a new, active license, certification, or registration or to renew, reinstate, or reactivate an active license, certification, or registration to practice:

(I) Audiology pursuant to article 210 of this title 12;

(II) As a licensed hearing aid provider pursuant to part 2 of article 230 of this title 12;

(III) Acupuncture pursuant to article 200 of this title 12;

(IV) Podiatry pursuant to article 290 of this title 12;

(V) Chiropractic pursuant to article 215 of this title 12;

(VI) Dentistry pursuant to article 220 of this title 12;

(VII) Dental therapy or dental hygiene pursuant to article 220 of this title 12;

(VIII) Medicine pursuant to article 240 of this title 12 or part 36 of article 60 of title 24;

(IX) As a physician assistant or an anesthesiologist assistant pursuant to article 240 of this title 12;

(X) Direct-entry midwifery pursuant to article 225 of this title 12;

(XI) Practical nursing, professional nursing, advanced practice registered nursing, or as a certified midwife pursuant to article 255 of this title 12;

(XII) Optometry pursuant to article 275 of this title 12;

(XIII) Physical therapy pursuant to article 285 of this title 12;

(XIV) Psychology pursuant to part 3 of article 245 of this title 12;

(XV) Social work pursuant to part 4 of article 245 of this title 12;

(XVI) Marriage and family therapy pursuant to part 5 of article 245 of this title 12;

(XVII) Professional counseling pursuant to part 6 of article 245 of this title 12;

(XVIII) Psychotherapy pursuant to part 7 of article 245 of this title 12;

(XIX) Addiction counseling pursuant to part 8 of article 245 of this title 12;

(XX) Speech-language pathology pursuant to article 305 of this title 12;

(XXI) Athletic training pursuant to article 205 of this title 12;

(XXII) Massage therapy pursuant to article 235 of this title 12;

(XXIII) As a certified nurse aide pursuant to article 255 of this title 12;

(XXIV) Occupational therapy pursuant to article 270 of this title 12;

(XXV) Respiratory therapy pursuant to article 300 of this title 12;

(XXVI) Pharmacy pursuant to article 280 of this title 12;

(XXVII) As a psychiatric technician pursuant to article 295 of this title 12;

(XXVIII) As a surgical assistant or surgical technologist pursuant to article 310 of this title 12; and

(XXIX) Naturopathic medicine pursuant to article 250 of this title 12.

(b) A person who is an applicant under this subsection (3) is not, by virtue of inclusion in this section, a health-care provider for purposes of any other provision of Colorado law.

(4) When applying for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration in this state, each applicant shall provide the following information to the director, in a form and manner determined by the director, as applicable to each profession:

(a) (I) The applicant's full name, including any known aliases;

(II) The applicant's current address of record and telephone number;

(III) The applicant's location of practice, if different than the address of record;

(IV) The applicant's education and training related to the applicant's profession;

(V) Information pertaining to any license, certification, or registration to practice in the profession for which the applicant seeks licensure, certification, or registration, issued or held during the immediately preceding ten years, including the license, certification, or registration status and year of issuance;

(VI) Any board certifications and specialties, if applicable;

(VII) Any affiliations with or clinical privileges held in hospitals or health-care facilities;

(VIII) Any health-care-related business ownership interests;

(IX) Information pertaining to the applicant's employer, if any, including name, current address, and telephone number; and

(X) Information pertaining to any health-care-related employment contracts or contracts establishing an independent contractor relationship with any entities if the annual aggregate value of the contracts exceeds five thousand dollars, as adjusted by the director during each license, certification, or registration renewal cycle to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. Nothing in this subsection (4)(a)(X) requires an applicant to report such information regarding contracts with insurance carriers for reimbursement of health-care services provided to patients.

(b) Any public disciplinary action taken against the applicant by the applicable regulator or the board or licensing agency of any other state or country. The applicant shall provide a copy of the action to the director at the time the application is made.

(c) Any agreement or stipulation entered into between the applicant and the regulator or the board or licensing agency of any other state or country whereby the applicant agrees to temporarily cease or restrict the applicant's practice, or any regulator's order restricting or suspending the applicant's license, certification, or registration. The applicant shall provide a copy of the agreement, stipulation, or order to the director at the time the application is made.

(d) (I) Any final action that results in an involuntary limitation or probationary status on, or a reduction, nonrenewal, denial, revocation, or suspension of, the applicant's medical staff membership or clinical privileges at any hospital or health-care facility occurring on or after September 1, 1990. The applicant shall not be required to report a precautionary or administrative suspension of medical staff membership or clinical privileges, as defined by the director by rule, unless the applicant resigns the applicant's medical staff membership or clinical privileges while the precautionary or administrative suspension is pending. To report the information required by this subsection (4)(d), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action:

(A) The name of the facility or entity that took the action;

(B) The date the action was taken;

(C) The type of action taken, including any terms and conditions of the action;

(D) The duration of the action; and

(E) Whether the applicant has fulfilled the terms or conditions of the action, if applicable.

(II) Notwithstanding part 2 of this article 30, article 3 of title 25, and any provision of law to the contrary, the form completed by the applicant pursuant to this subsection (4)(d) is a public record and is not confidential. Compliance with this subsection (4)(d) does not constitute a waiver of any privilege or confidentiality conferred by any applicable state or federal law.

(e) Any final action of an employer that results in the applicant's loss of employment where the grounds for termination constitute a violation of the laws governing the applicant's practice. To report the information required by this subsection (4)(e), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action:

(I) The name of the employer that terminated the employment; and

(II) The date the termination occurred or became effective.

(f) Any involuntary surrender of the applicant's federal drug enforcement administration registration. The applicant shall provide a copy of the order requiring the surrender of the registration to the director at the time the application is made.

(g) Any final criminal conviction or plea arrangement resulting from the commission or alleged commission of a felony or crime of moral turpitude in any jurisdiction at any time after the applicant has been issued a license, certification, or registration to practice the applicant's health-care profession in any state or country. The applicant shall provide a copy of the final conviction or plea arrangement to the director at the time the application is made.

(h) Any final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant on or after September 1, 1990, for malpractice. To report the information required by this subsection (4)(h), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the malpractice action:

(I) Whether the action was resolved by a final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant;

(II) The date of the judgment, settlement, or arbitration award;

(III) The location or jurisdiction in which the action occurred or was resolved; and

(IV) The court in which the final judgment was ordered, the mediator that aided in the settlement, if applicable, or the arbitrator that granted the arbitration award.

(i) Any refusal by an issuer of professional liability insurance to issue a policy to the applicant due to past claims experience. The applicant shall provide a copy of the refusal to the director at the time the application is made.

(5) In addition to the information required by subsection (4) of this section, an applicant may submit information regarding awards and recognitions the applicant has received or charity care the applicant has provided. The director may remove information regarding awards and recognitions that the director finds to be unrelated to the applicant's profession or offensive or inappropriate.

(6) The director shall make the information specified in subsections (4) and (5) of this section that is submitted by an applicant readily available to the public in a manner that allows the public to search the information by name, license number, board certification or specialty area, if applicable, or city of the applicant's address of record. The director may satisfy this requirement by posting and allowing the ability to search the information on the director's website or on the website for the applicable regulator that oversees the applicant's practice. If the information is made available on either website, the director shall ensure that the website is updated at least monthly and that the date on which the update occurs is indicated on the website. If the information made available pursuant to this subsection (6) is the same or substantially similar to information the director must make available pursuant to section 12-310-103 (3), the director may elect to use this database as the exclusive means for making the information required by section 12-310-103 (3) publicly available.

(7) When disclosing information regarding an applicant to the public, the applicable regulator shall include the following statement or a similar statement that communicates the same meaning:

Some studies have shown that there is no significant correlation between malpractice history and a [insert applicable type of health-care provider]'s competence. At the same time, the [insert name of applicable regulator] believes that consumers should have access to malpractice information. To make the best health-care decisions, you should view this information in perspective. You could miss an opportunity for high-quality care by selecting a health-care provider based solely on malpractice history. When considering malpractice data, please keep in mind:

Malpractice histories tend to vary by profession and, as applicable, by specialty. Some professions or specialties are more likely than others to be the subject of litigation.

You should take into account how long the health-care provider has been in practice when considering malpractice averages.

The incident causing the malpractice claim may have happened years before a malpractice action is finally resolved. Sometimes, it takes a long time for a malpractice lawsuit to move through the legal system.

Some health-care providers work primarily with high-risk patients. These health-care providers may have malpractice histories that are higher than average because they specialize in cases or patients who are at very high risk for problems.

Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health-care provider. A payment in settlement of a malpractice action or claim should not be construed as creating a presumption that malpractice has occurred.

You may wish to discuss information provided by the [insert name of applicable regulator], and malpractice generally, with your health-care provider.

The information posted on the [applicable regulator's] website was provided by applicants for a license and applicants for renewal, reinstatement, or reactivation of a license.

(8) (a) Except as specified in subsection (8)(b) of this section, an applicant, licensee, certificate holder, or registrant shall ensure that the information required by subsection (4) of this section is current and shall report any updated information and provide copies of the required documentation to the director within thirty days after the date of the action described in said subsection (4) or as otherwise provided in the part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession to ensure that the information provided to the public is as accurate as possible.

(b) An applicant shall report updated information regarding the applicant's employer, any health-care-related business ownership interests, and any health-care-related employment contracts or contracts establishing an independent contractor relationship, as required by subsection (4)(a) of this section, within one year after a change in that information.

(9) (a) The director may impose an administrative fine not to exceed five thousand dollars against an applicant, licensee, certificate holder, or registrant who fails to comply with this section. The director shall notify the applicable regulator when the director imposes a fine pursuant to this subsection (9). Any fine imposed pursuant to this subsection (9) shall be deposited in the general fund.

(b) The imposition of an administrative fine pursuant to this subsection (9) shall not constitute a disciplinary action pursuant to the laws governing the applicant's, licensee's, certificate holder's, or registrant's practice area and shall not preclude the applicable regulator from taking disciplinary action against an applicant, licensee, certificate holder, or registrant for failure to comply with this section. A license, certification, or registration shall not be issued, renewed, reinstated, or reactivated if the applicant has failed to pay a fine imposed pursuant to this subsection (9).

(c) Failure of an applicant, licensee, certificate holder, or registrant to comply with this section constitutes unprofessional conduct or grounds for discipline under the specific part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession.

(10) Nothing in this section relieves an applicant, licensee, certificate holder, or registrant from the obligation to report adverse actions to the applicable regulator, as required by the applicable laws in this title 12 regulating that profession.

(11) The director may adopt rules, as necessary, to implement this section.

(12) This section is repealed, effective September 1, 2028. Before the repeal, the functions of the program under this section are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-255-115 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-115
12-255-115. Volunteer licensure - fees - questionnaire
Status: in_force

12-255-115. Volunteer licensure - fees - questionnaire. (1) The board may issue a license to a volunteer nurse or certified midwife who meets the requirements set forth in this section.

(2) A volunteer nursing or certified midwife license shall only be issued to an applicant who:

(a) Currently holds a license to practice nursing, either as a practical nurse or as a professional nurse, or to practice as a certified midwife, and the license is due to expire unless renewed; or

(b) Is not currently engaged in the practice of nursing or as a certified midwife either full-time or part-time and has, prior to ceasing practice, maintained full licensure in good standing in any state or territory of the United States.

(3) (a) A volunteer nursing license shall permit the nurse to engage in volunteer nursing tasks within the scope of the nurse's license.

(b) A volunteer certified midwife license shall permit the certified midwife to engage as a volunteer in the practice as a certified midwife within the scope of the certified midwife's license.

(4) An applicant for a volunteer nursing or certified midwife license shall submit to the board an application containing the information the board may prescribe, a copy of the applicant's most recent nursing or certified midwife license, and a statement signed under penalty of perjury in which the applicant agrees not to receive compensation for any nursing tasks or tasks as a certified midwife that are performed while in possession of the license.

(5) A person who possesses a volunteer nursing or certified midwife license is immune from civil liability for actions performed within the scope of the nursing or certified midwife license unless it is established that injury or death was caused by gross negligence or the willful and wanton misconduct of the licensee. The immunity provided in this subsection (5) applies only to the licensee and does not affect the liability of any other individual or entity. Nothing in this subsection (5) limits the ability of the board to take disciplinary action against a licensee.

(6) The fee for a volunteer nursing or certified midwife license, including assessments for legal defense, peer assistance, and other programs for which licenses are assessed, must not exceed fifty percent of the license renewal fee, including all assessments, established by the board for an active nursing or certified midwife license.

(7) The board shall design a questionnaire to be sent to all volunteer nurses and certified midwives who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or might make the licensee unfit to practice nursing or as a certified midwife with reasonable care and safety. If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (6) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.

(8) (a) The board shall deny an application for the reactivation of a practical or professional nurse license for a volunteer nurse if the board determines that the nurse requesting reactivation has not actively volunteered as a nurse for the two-year period immediately preceding the filing of the application for license reactivation or has not otherwise demonstrated continued competency to return to the active practice of nursing in a manner approved by the board.

(b) The board shall deny an application for the reactivation of a certified midwife license for a volunteer certified midwife if the board determines that the certified midwife requesting reactivation has not actively volunteered as a certified midwife for the two-year period immediately preceding the filing of the application for license reactivation or has not otherwise demonstrated continued competency to return to the active practice as a certified midwife in a manner approved by the board.
C.R.S. § 12-145-103 — CO Code / Title 12 / Article 145 / Section 12-145-103
12-145-103. Definitions
Status: in_force

12-145-103. Definitions. As used in this article 145, unless the context otherwise requires:

(1) "Compensation" means making, or attempting to make, a profit, salary, or increase in business or financial standing, or supporting any part of other programs or activities, to include receiving fees, charges, dues, service swaps, or something that is not strictly a sharing of actual expenses incurred from amounts received from or for outfitting services rendered or to be rendered.

(2) "Consultant" means a person who is hired by the director to assist in any investigation initiated under this article 145 or any member of an advisory committee appointed pursuant to section 12-145-114.

(3) "Entity" means an entity authorized by Colorado law to conduct business, including, but not limited to, a corporation, partnership, limited liability partnership, or limited liability company.

(4) "Guide" means any individual who:

(a) Accompanies an outfitter's client to assist the client in the taking or attempted taking of wildlife; and

(b) Either:

(I) Is employed for compensation by an outfitter; or

(II) Has independently contracted with an outfitter.

(5) "Outfitter" means a person soliciting to provide or providing, for compensation, outfitting services for the purpose of hunting or fishing on land that the person does not own.

(6) "Outfitting services" means providing transportation of individuals, equipment, supplies, or wildlife by means of vehicle, vessel, or pack animal, facilities including but not limited to tents, cabins, camp gear, food, or similar supplies, equipment, or accommodations, and guiding, leading, packing, protecting, supervising, instructing, or training persons or groups of persons in the take or attempted take of wildlife.

(7) "Peace officer" means a peace officer as described in section 16-2.5-101.

(8) "Person" means an individual or entity.
C.R.S. § 12-245-227 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-227
12-245-227. Reconsideration and review of action of a board
Status: in_force

12-245-227. Reconsideration and review of action of a board. A board, on its own motion or upon application, at any time after the imposition of any discipline as provided in section 12-245-226, may reconsider its prior action and reinstate or restore the license, registration, or certification; terminate probation; or reduce the severity of its prior disciplinary action. The board has sole discretion to determine whether to take further action or hold a hearing with respect to its prior disciplinary action.
C.R.S. § 12-285-118 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-118
12-285-118. Professional liability insurance required - rules
Status: in_force

12-285-118. Professional liability insurance required - rules. (1) Except as provided in subsection (2) of this section, a person shall not practice physical therapy unless the person purchases and maintains professional liability insurance of at least one million dollars per claim and at least three million dollars per year for all claims, unless the corporation that employs the physical therapist maintains the insurance required by section 12-285-131 if the insurance covers at least one million dollars per claim and at least three million dollars per year.

(2) The board may by rule establish lesser financial responsibility standards for a class of physical therapists whose practice does not require the level of public protection established by subsection (1) of this section. The board shall not establish greater financial responsibility standards than those established in subsection (1) of this section.

(3) This section does not apply to a physical therapist who is a public employee acting within the course and scope of the public employee's duties and who is granted immunity under the "Colorado Governmental Immunity Act", article 10 of title 24.
C.R.S. § 12-275-127 — CO Code / Title 12 / Article 275 / Section 12-275-127
12-275-127. Professional service corporations, limited liability companies, and registered l
Status: in_force

12-275-127. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of optometry - definitions. (1) Persons licensed to practice optometry by the board may form professional service corporations for the practice of optometry 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 the 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 optometry only through persons licensed by the board to practice optometry 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 who are licensed by the board to practice optometry 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, and 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 optometry 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 forthwith, 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 as defined in this article 275 or in the rules promulgated by the board.

(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 the corporation shall maintain in good standing professional liability insurance that shall meet the following minimum standards:

(I) The insurance shall insure the corporation against liability imposed upon the corporation by law in the performance of professional services for others by those officers and employees of the corporation who are licensed by the board to practice optometry.

(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 optometry employed by the corporation; the policy may provide for an aggregate maximum limit of liability per year for all claims of one hundred fifty thousand dollars also multiplied by the number of persons licensed to practice optometry 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 maximum 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 optometry, 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) The corporation shall do nothing that, if done by a person employed by it and licensed to practice optometry in the state of Colorado, would violate the standards of professional conduct, as provided for in this article 275. Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice optometry.

(3) Nothing in this section shall be deemed to diminish or change the obligation of each person employed by the corporation and licensed to practice optometry in this state to conduct the licensee's practice in accordance with the standards of professional conduct provided for in this article 275. Any person licensed by the board to practice optometry 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 therefor.

(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 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) Except as provided in this section, corporations shall not practice optometry.

(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. § 12-220-501 — CO Code / Title 12 / Article 220 / Part 5 / Section 12-220-501
12-220-501. Tasks authorized to be performed by dental therapists, dental hygienists, or den
Status: repealed

12-220-501. Tasks authorized to be performed by dental therapists, dental hygienists, or dental assistants - rules. (1) (a) (I) Except as provided in subsection (1)(a)(II) of this section, the responsibility for dental diagnosis, dental treatment planning, or the prescription of therapeutic measures in the practice of dentistry remains with a licensed dentist and may not be assigned to any dental therapist or dental hygienist.

(II) A dental hygienist may:

(A) Perform dental hygiene assessment, dental hygiene diagnosis, and dental hygiene treatment planning for dental hygiene services pursuant to section 12-220-503 (1)(f);

(B) Identify dental abnormalities for immediate referral to a dentist as described in section 12-220-503 (1)(f); and

(C) In collaboration with a licensed dentist, prescribe, administer, and dispense, as described in section 12-220-503 (1)(g): Fluoride, fluoride varnish, silver diamine fluoride, antimicrobial solutions for mouth rinsing, other nonsystemic antimicrobial agents, and resorbable antimicrobial agents pursuant to rules of the board.

(D) Repealed.

(b) A dental procedure that involves surgery or that will contribute to or result in an irremediable alteration of the oral anatomy shall not be assigned to anyone other than a licensed dentist.

(2) Except as provided in subsection (1) of this section, a dental hygienist may perform any dental task or procedure assigned to the hygienist by a licensed dentist that does not require the professional skill of a licensed dentist; except that the dental hygienist may perform the task or procedure only under the indirect supervision of a licensed dentist or as authorized in sections 12-220-503 and 12-220-504.

(2.5) A dental therapist may perform a dental task or procedure assigned to the dental therapist by a licensed dentist that does not require the professional skill of a licensed dentist; except that the dental therapist may perform the task or procedure only under the supervision authorized under section 12-220-508.

(3) (a) A dental assistant shall not perform the following tasks:

(I) Diagnosis;

(II) Treatment planning;

(III) Prescription of therapeutic measures;

(IV) Any procedure that contributes to or results in an irremediable alteration of the oral anatomy;

(V) Administration of local anesthesia;

(VI) Scaling (supra and sub-gingival), as it pertains to the practice of dental hygiene;

(VII) Root planing;

(VIII) Soft tissue curettage;

(IX) Periodontal probing.

(b) A dental assistant may perform the following tasks under the indirect supervision of a licensed dentist:

(I) Smoothing and polishing natural and restored tooth surfaces;

(II) Provision of preventive measures, including the application of fluorides and other recognized topical agents for the prevention of oral disease;

(III) Gathering and assembling information including, but not limited to, fact-finding and patient history, oral inspection, and dental and periodontal charting;

(IV) Administering topical anesthetic to a patient in the course of providing dental care;

(V) Repairing and relining dentures pursuant to a dental laboratory work order signed by a licensed dentist; or

(VI) Any other task or procedure that does not require the professional skill of a licensed dentist.

(c) A dental assistant may, under the direct supervision of a licensed dentist in accordance with rules promulgated by the board, administer and monitor the use of nitrous oxide on a patient.

(d) (I) A dental assistant may perform intraoral and extraoral tasks and procedures necessary for the fabrication of a complete or partial denture under the direct supervision of a licensed dentist. These tasks and procedures shall include:

(A) Making of preliminary and final impressions;

(B) Jaw relation records and determination of vertical dimensions;

(C) Tooth selection;

(D) A preliminary try-in of the wax-up trial denture prior to and subject to a try-in and approval in writing of the wax-up trial denture by the licensed dentist;

(E) Denture adjustments that involve the periphery, occlusal, or tissue-bearing surfaces of the denture prior to the final examination of the denture.

(II) If a dental assistant is performing the tasks and procedures specified in subsection (3)(d)(I) of this section, the dental assistant shall perform the tasks and procedures in the regularly announced office location of a licensed practicing dentist, and the dentist is personally liable for all treatment rendered to the patient. A dental assistant performing these tasks and procedures shall be properly identified as a dental assistant. A dentist shall not utilize more dental assistants than the number of dental assistants the dentist can reasonably supervise.

(III) Prior to any work being performed pursuant to subsection (3)(d)(I) of this section, the treating dentist licensed to practice in this state shall first examine the patient and certify that the patient has no pathologic condition that requires surgical correction or other treatment prior to complete denture service.

(4) The board may adopt reasonable rules as necessary to implement and enforce this section.
C.R.S. § 12-235-114 — CO Code / Title 12 / Article 235 / Section 12-235-114
12-235-114. Mental and physical examination of licensees
Status: in_force

12-235-114. Mental and physical examination of licensees. (1) (a) If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the director may order the licensee to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director.

(b) If a licensee refuses to submit to a mental or physical examination that has been properly ordered by the director pursuant to subsection (2) of this section, and the refusal is not due to circumstances beyond the licensee's control, the refusal constitutes grounds for discipline pursuant to section 12-235-111 (1)(h). When a licensee has refused to submit to an examination, the director may suspend the licensee's license in accordance with section 12-235-112 until:

(I) The results of the examination are known; and

(II) The director has made a determination of the licensee's fitness to practice.

(c) The director shall proceed with an order for examination and determination of a licensee's fitness to practice in a timely manner.

(2) In an order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination, the director shall include the basis of the director's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For purposes of any disciplinary proceeding authorized under this article 235, the licensee is deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground that they are privileged communications.

(3) The licensee may submit to the director testimony or examination reports from a physician or other licensed health-care professional chosen by the licensee and pertaining to any condition that the director has alleged may preclude the licensee from practicing with reasonable skill and safety. The director may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the director.

(4) The results of a mental or physical examination ordered by the director shall not be used as evidence in any proceeding other than one before the director and shall not be deemed public records nor made available to the public.
C.R.S. § 12-120-404 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-404
12-120-404. Forms of organizations permitted to practice - requirements
Status: in_force

12-120-404. Forms of organizations permitted to practice - requirements. (1) Except as otherwise provided in this section, no firm, partnership, entity, or group of persons shall be licensed to practice architecture; except that a partnership, entity, or group of persons may use the term "architects" in its business name if a majority of the individual officers and directors or members or partners are either licensed architects under this part 4 or persons who qualify for a license by endorsement under section 12-120-413 (3).

(2) The practice of architecture by the following entities is permitted, subject to subsection (3) of this section:

(a) A corporation that complies with the "Colorado Business Corporation Act", articles 101 to 117 of title 7;

(b) A limited liability company that complies with the "Colorado Limited Liability Company Act", article 80 of title 7;

(c) A registered limited liability partnership that has registered in accordance with section 7-60-144 or qualified in accordance with section 7-64-1002.

(3) An entity listed in subsection (2) of this section may practice architecture, but only if:

(a) The practice of architecture by the entity is under the direct supervision of an architect, licensed in the state of Colorado, who is an officer of the corporation, a member of the limited liability company, or a partner in the registered limited liability partnership;

(b) The architect remains individually responsible to the board and the public for the architect's professional acts and conduct; and

(c) All architectural plans, designs, drawings, specifications, or reports that are involved in the practice, issued by or for the entity, bear the seal and signature of an architect in responsible control of, and directly responsible for, the architectural work when issued.

(4) (a) Nothing in this part 4 shall be construed as prohibiting the formation of a corporation, limited liability company, registered limited liability partnership, joint venture, partnership, or association consisting of one or several architects or corporations meeting the requirements of subsection (3) of this section and one or several professional engineers, all duly licensed under the respective provisions of the applicable laws of this state.

(b) It is lawful for an entity described in subsection (4)(a) of this section to use in its title the words "architects and engineers".

(c) No identifying media used by any member of the entity shall mislead the public as to the fact that the member is licensed as an architect or as a professional engineer.
C.R.S. § 12-220-310 — CO Code / Title 12 / Article 220 / Part 3 / Section 12-220-310
12-220-310. Dentist peer health assistance program - fees - rules
Status: in_force

12-220-310. Dentist peer health assistance program - fees - rules. (1) (a) Effective July 1, 2004, as a condition of renewal in this state, every dentist applying to renew the dentist's license must pay to the administering entity that has been selected by the board pursuant to subsection (1)(b) of this section an amount not to exceed fifty-nine dollars per year, which maximum amount may be adjusted on January 1, 2005, and annually thereafter by the board to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers or goods, or its successor index. The fee shall be used to support designated providers that have been selected by the board to provide assistance to dentists needing help in dealing with physical, emotional, or psychological problems that may be detrimental to their ability to practice dentistry. The fee shall not exceed one hundred dollars per year per licensee.

(b) The board shall select one or more peer health assistance programs as designated providers. To be eligible for designation by the board, a peer health assistance program must:

(I) Provide for the education of dentists with respect to the recognition and prevention of physical, emotional, and psychological problems and provide for intervention when necessary or under circumstances that may be established by rules promulgated by the board;

(II) Offer assistance to a dentist in identifying physical, emotional, or psychological problems;

(III) Evaluate the extent of physical, emotional, or psychological problems and refer the dentist for appropriate treatment;

(IV) Monitor the status of a dentist who has been referred for treatment;

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

(VI) Agree to receive referrals from the board;

(VII) Agree to make its services available to all licensed Colorado dentists.

(c) The administering entity must be a qualified, nonprofit foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and must be dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to dentistry, dental education, dental research and science, and other dental charitable purposes.

(d) The administering entity shall:

(I) Collect the required annual payments, directly or through the board;

(II) Verify to the board, in a manner acceptable to the board, the names of all dentist applicants who have paid the fee set by the board;

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

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

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

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

(2) (a) Any dentist who is a referred participant in a peer health assistance program shall enter into a written agreement with the board prior to the dentist becoming a participant in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals shall be promptly reported to the board and that the failure results in disciplinary action by the board.

(b) Notwithstanding sections 12-220-201 and 24-4-104, the board may immediately suspend the license of any dentist who is referred to a peer health assistance program by the board and who fails to attend or complete the program. If the dentist objects to the suspension, the dentist may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing the dentist bears the burden of proving that the dentist's license should not be suspended.

(c) Any dentist who is accepted into a peer health assistance program in lieu of disciplinary action by the board shall affirm that, to the best of the dentist's knowledge, information, and belief, the dentist knows of no instance in which the dentist has violated this article 220 or the rules of the board, except in those instances affected by the dentist's physical, emotional, or psychological problems.

(3) If a dentist is arrested for a drug- or alcohol-related offense, the dentist shall self-refer to the peer health assistance program within thirty days after the arrest for an evaluation and referral for treatment as necessary. If the dentist self-refers, the evaluation by the program is confidential and cannot be used as evidence in any proceeding other than before the board. If a dentist fails to comply with this subsection (3), the failure, alone, is not grounds for discipline under sections 12-220-201 and 12-220-202 unless the dentist has also committed an act or omission specified in section 12-220-201, other than an act or omission specified in section 12-220-201 (1)(e) or (1)(f).

(4) Nothing in this section creates any liability on behalf of the board or the state of Colorado for the actions of the board members in making grants to peer assistance programs, and no civil action may be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or of an act or omission of a dentist participating in or referred by a state-funded peer assistance program. However, the state remains liable under the "Colorado Governmental Immunity Act", article 10 of title 24, if an injury alleged to have been the result of an act or omission of a dentist participating in or referred by a state-funded peer assistance program occurred while the dentist was performing duties as an employee of the state.

(5) The board is authorized to promulgate rules necessary to implement this section.
C.R.S. § 12-155-114 — CO Code / Title 12 / Article 155 / Section 12-155-114
12-155-114. Reconsideration and review of board action
Status: in_force

12-155-114. Reconsideration and review of board action. The board, on its own motion or upon application, at any time after the imposition of any discipline as provided for in section 12-155-113, may reconsider its prior action and reinstate or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any such further action or the holding of a hearing with respect thereto shall rest in the sole discretion of the board.
C.R.S. § 12-315-125 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-125
12-315-125. Confidential agreement to limit practice
Status: in_force

12-315-125. Confidential agreement to limit practice. Section 12-30-108 concerning confidential agreements to limit practice applies to this article 315.
C.R.S. § 12-165-105 — CO Code / Title 12 / Article 165 / Section 12-165-105
12-165-105. Director powers and duties - rules
Status: in_force

12-165-105. Director powers and duties - rules. (1) In addition to any other powers and duties granted or imposed on the director under this article 165 or by any other law, the director shall:

(a) Adopt rules pursuant to section 12-20-204, including rules to:

(I) Establish the form and manner for applying for a new license or renewing a license under this article 165;

(II) Adopt applicable ANSI/AARST standards for the practice of radon measurement and radon mitigation; and

(III) Address any other matters determined necessary by the director to implement this article 165;

(b) Review applications for new licenses and renewal of licenses and grant or deny such licenses and renewals as provided in this article 165;

(c) Establish fees for the issuance of a new license and for each license renewal pursuant to sections 12-20-105 and 12-20-202 (1);

(d) Conduct investigations, hold hearings, take evidence, and pursue disciplinary actions pursuant to sections 12-20-403, 12-20-404, and 12-165-111 with respect to complaints against radon measurement professionals and radon mitigation professionals when the director has reasonable cause to believe that an individual is violating this article 165 or rules adopted pursuant to this article 165; and

(e) Perform other functions and duties necessary to administer this article 165.
C.R.S. § 12-220-209 — CO Code / Title 12 / Article 220 / Part 2 / Section 12-220-209
12-220-209. Professional review committees - immunity
Status: in_force

12-220-209. Professional review committees - immunity. (1) (a) A professional review committee may be established pursuant to this section to investigate complaints against a person licensed to practice dentistry under this article 220. If a professional review committee is formed, the committee must include in its membership at least three persons licensed to practice dentistry under this article 220. The committee may be authorized to act only by:

(I) The board; or

(II) A society or an association of persons licensed to practice dentistry under this article 220 whose membership includes not less than one-third of the persons licensed to practice dentistry under this article 220 residing in this state, if the licensee whose services are the subject of review is a member of the society or association.

(b) A professional review committee of a society or an association of persons licensed pursuant to this article 220 shall:

(I) Notify the board within sixty days after the review committee analyzes care provided by a licensee and determines that the care may not meet generally accepted standards or that the licensee has otherwise violated any provision of this article 220. The licensee may be subject to disciplinary action by the board.

(II) Allow the board or its designee to conduct a periodic audit of records of the review committee. A person designated by the board to conduct the audit must be a licensed or retired dentist from any state. The board or its designee shall conduct the audit no more than twice annually. If any pattern of behavior of a licensee is identified that may constitute reasonable grounds to believe there has been a violation of this article 220, all relevant records of the review committee are subject to a subpoena issued by the board.

(c) (I) The proceedings and records of a review committee must be held in confidence and are not subject to discovery or introduction into evidence in any civil action against a dentist arising out of the matters that are the subject of evaluation and review by the committee. However, records of closed proceedings and investigations are available to the particular licensee under review and the complainant involved in the proceedings.

(II) A person who was in attendance at a meeting of the committee shall not be permitted or required to testify in any civil action as to any evidence or other matters produced or presented during the proceedings of the committee or as to any findings, recommendations, evaluations, opinions, or other actions of the committee or any members of the committee. However, information, documents, or records otherwise available from original sources are not protected from discovery or use in a civil action merely because they were presented during proceedings of the committee, and any documents or records that have been presented to the review committee by any witness must be returned to the witness, if requested by the witness or if ordered to be produced by a court in any action, with copies to be retained by the committee at its discretion.

(III) Any person who testifies before the committee or who is a member of the committee is not prevented from testifying as to matters within the person's knowledge, but the person may not be asked about the person's testimony before the committee or opinions the person formed as a result of the committee hearings.

(2) Any member of a professional review committee authorized by the board, any member of a professional review committee's staff, any witness or consultant appearing or testifying before the professional review committee, and any person who lodges a complaint pursuant to this article 220 is granted the same immunity and is subject to the same conditions for immunity as specified in section 12-20-402. The immunity provided by this subsection (2) extends to the members of an authorized professional review committee of a society or an association of persons licensed pursuant to this article 220 and witnesses or consultants appearing before the committee if the committee is authorized to act as provided in subsection (1)(a)(II) of this section.
C.R.S. § 12-220-104 — CO Code / Title 12 / Article 220 / Part 1 / Section 12-220-104
12-220-104. Definitions - rules
Status: repealed

12-220-104. Definitions - rules. As used in this article 220, unless the context otherwise requires:

(1) "Accredited" means a program that is nationally recognized for specialized accrediting for dental, dental therapy, dental hygiene, and dental auxiliary programs by the United States department of education.

(2) "Board" means the Colorado dental board created in section 12-220-105.

(3) "Dental assistant" means any person, other than a dentist, dental therapist, or dental hygienist, licensed in Colorado, who may be assigned or delegated to perform dental tasks or procedures as authorized by this article 220 or by rules of the board.

(4) "Dental hygiene" means the delivery of preventive, educational, and clinical services supporting total health for the control of oral disease and the promotion of oral health provided by a dental hygienist within the scope of the dental hygienist's education, training, and experience and in accordance with applicable law.

(5) "Dental hygiene diagnosis" means the identification of an existing oral health problem that a dental hygienist is qualified and licensed to treat within the scope of dental hygiene practice. The dental hygiene diagnosis focuses on behavioral risks and physical conditions that are related to oral health. A dentist shall confirm any dental hygiene diagnosis that requires treatment that is outside the scope of dental hygiene practice pursuant to sections 12-220-501, 12-220-503, and 12-220-504.

(5.5) "Dental therapy" means the delivery of dental care as specified in section 12-220-508 and in accordance with this article 220 and rules promulgated by the board.

(6) "Dentistry" means the evaluation, diagnosis, prevention, or treatment, including nonsurgical, surgical, or related procedures, of diseases, disorders, or conditions of the oral cavity, maxillofacial area, or the adjacent and associated structures and the impact of the disease, disorder, or condition on the human body so long as a dentist is practicing within the scope of the dentist's education, training, and experience and in accordance with applicable law.

(7) (a) "Direct supervision" means the supervision of those tasks or procedures that do not require the presence of the dentist in the room where performed but require the dentist's presence on the premises and availability for prompt consultation and treatment.

(b) For purposes of this subsection (7) only, "premises" means within the same building, dental office, or treatment facility and within close enough proximity to respond in a timely manner to an emergency or the need for assistance.

(8) "Independent advertising or marketing agent" means a person, firm, association, or corporation that performs advertising or other marketing services on behalf of licensed dentists, including referrals of patients to licensees resulting from patient-initiated responses to the advertising or marketing services.

(9) (a) "Indirect supervision" means the supervision of those tasks or procedures that do not require the presence of the dentist in the office or on the premises at the time the tasks or procedures are being performed, but do require that the tasks be performed with the prior knowledge and consent of the dentist.

(b) For purposes of this subsection (9) only, "premises" means within the same building, dental office, or treatment facility and within close enough proximity to respond in a timely manner to an emergency or the need for assistance.

(10) (a) "Interim therapeutic restoration" or "ITR" means a direct provisional restoration placed to stabilize a tooth until a licensed dentist can assess the need for further definitive treatment.

(b) "Interim therapeutic restoration" involves the removal of soft material using hand instrumentation, without the use of rotary instrumentation, and the subsequent placement of a glass ionomer restoration or, pursuant to board rules, a restoration using new restorative materials that may become available and are appropriate to the interim therapeutic procedure.

(c) "Interim therapeutic restoration" includes protective restoration for adults delivered in accordance with section 12-220-505.

(11) "Laboratory work order" means the written instructions of a dentist licensed in Colorado authorizing another person to construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to function in the oral cavity, maxillofacial area, or adjacent and associated regions.

(12) "License" has the meaning specified in section 12-20-102 (9) and includes an academic license to practice dentistry pursuant to section 12-220-402. A license is a privilege personal to the licensee, and the board may revoke, suspend, or impose disciplinary conditions on the license for a violation of this article 220.

(13) "Proprietor" includes any person who:

(a) Employs dentists, dental therapists, dental hygienists, or dental assistants in the operation of a dental office, except as provided in sections 12-220-305 and 12-220-501;

(b) Places in possession of a dentist, dental therapist, dental hygienist, dental assistant, or other agent dental material or equipment that may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation for the use of the material, equipment, or offices; or

(c) Retains the ownership or control of dental equipment or material or a dental office and makes the same available in any manner for use by dentists, dental therapists, dental hygienists, dental assistants, or other agents; except that nothing in this subsection (13)(c) applies to bona fide sales of dental equipment or material secured by a chattel mortgage or retain-title agreement or to the loan of articulators.

(14) Repealed.

(15) "Telehealth supervision" means indirect supervision by a dentist of a dental therapist or dental hygienist performing a statutorily authorized procedure using telecommunications systems.
C.R.S. § 12-315-209.7 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-209.7
12-315-209.7. Duties of licensed veterinarian - direction and supervision of veterinary profes
Status: in_force

12-315-209.7. Duties of licensed veterinarian - direction and supervision of veterinary professional associate - rules. [Editor's note: This section is effective January 1, 2026.]

(1) Except as provided in subsection (2) of this section, a person practicing as a veterinary professional associate may perform duties and actions authorized pursuant to section 12-315-105 (1)(u) that are within the scope of the veterinary professional associate's advanced education and experience if the person performs those duties under the supervision of a licensed veterinarian.

(2) A veterinary professional associate shall perform only those duties or actions delegated by the licensed, supervising veterinarian for which the veterinary professional associate has the necessary training and experience, as determined by the supervising veterinarian, to meet generally accepted standards of veterinary care.

(3) If a veterinary professional associate is delegated duties beyond the veterinary professional associate's training and experience, the licensed veterinarian:

(a) Is in violation of section 12-315-112 (1)(ee);

(b) May be liable for damages resulting from any negligence of the veterinary professional associate in providing care to an animal; and

(c) May be subject to professional discipline in accordance with section 12-315-112.

(4) If a veterinary professional associate performs duties beyond the veterinary professional associate's training and experience or does not conform with the requirement to perform all duties and actions pursuant to section 12-315-105 (1)(u) under the supervision of a licensed, supervising veterinarian as specified in subsection (1) of this section, the veterinary professional associate may be subject to:

(a) A cease-and-desist order pursuant to section 12-20-405;

(b) Damages resulting from any negligence of the veterinary professional associate in providing care to an animal; and

(c) Discipline pursuant to Sections 12-20-404 for a violation of section 12-315-207 (1)(n).
C.R.S. § 12-215-201 — CO Code / Title 12 / Article 215 / Part 2 / Section 12-215-201
12-215-201. Legislative declaration
Status: in_force

12-215-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that public exposure to the hazards of ionizing radiation used for diagnostic purposes should be minimized wherever possible. Accordingly, the general assembly finds, determines, and declares that for any licensed chiropractor to allow an untrained person to operate a machine source of ionizing radiation, including without limitation a device commonly known as an "X-ray machine", or to administer radiation to a patient for diagnostic purposes is a threat to the public health and safety.

(2) It is the intent of the general assembly that licensed chiropractors utilizing unlicensed persons in their practices provide those persons with a minimum level of education and training before allowing them to operate machine sources of ionizing radiation; however, it is not the general assembly's intent to discourage education and training beyond this minimum. It is further the intent of the general assembly that established minimum training and education requirements correspond as closely as possible to the requirements of each particular work setting as determined by the board pursuant to this part 2.

(3) The general assembly seeks to ensure, and accordingly declares its intent, that in promulgating the rules authorized by this part 2, the board will make every effort, consistent with its other statutory duties, to avoid creating a shortage of qualified individuals to operate machine sources of ionizing radiation for beneficial medical purposes in any area of the state.
C.R.S. § 12-10-609 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-609
12-10-609. Bond required
Status: in_force

12-10-609. Bond required. (1) Before the board issues a license to an applicant for an appraisal management company license, the applicant shall post with the board a surety bond in the amount of twenty-five thousand dollars. A licensed appraisal management company shall maintain the required bond at all times.

(2) The surety bond shall require the surety to provide notice to the board within thirty days if payment is made from the surety bond or if the bond is canceled.
C.R.S. § 12-255-111.5 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-111.5
12-255-111.5. Requirements for certified midwife licensure - license by endorsement - question
Status: in_force

12-255-111.5. Requirements for certified midwife licensure - license by endorsement - questionnaire - fees. (1) On and after July 1, 2024, the board shall issue a license to engage in the practice as a certified midwife to any applicant who:

(a) Submits an application containing information the board may prescribe;

(b) Submits proof satisfactory to the board, in the manner and upon the forms the board may require, to show that the applicant has obtained and maintains in good standing a midwife certification from the American Midwifery Certification Board or its successor entity;

(c) Pays the required fee; and

(d) Submits to a criminal history record check in the form and manner as described in subsection (2) of this section.

(2) (a) In addition to the requirements of subsection (1) of this section, each applicant must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.

(b) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this subsection (2) reveal a record of arrest without a disposition, the board shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(3) The board may issue a license by endorsement to engage in the practice as a certified midwife in this state to an applicant who satisfies the requirements of the occupational credential portability program.

(4) (a) (I) The board shall design a questionnaire to be sent to all licensees who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or that might make the licensee unfit to practice as a certified midwife 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).

(II) If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v).

(III) The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (1)(c) of this section.

(IV) The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.

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

(5) A certified midwife who satisfies the requirements of section 12-255-112 may be granted prescriptive authority as a function in addition to those functions described in section 12-255-104 (7.5).
C.R.S. § 12-285-214 — CO Code / Title 12 / Article 285 / Part 2 / Section 12-285-214
12-285-214. Mental and physical examination of certified physical therapist assistants
Status: in_force

12-285-214. Mental and physical examination of certified physical therapist assistants. (1) If the board has reasonable cause to believe that a certified physical therapist assistant is unable to practice with reasonable skill and safety, the board may require the certified physical therapist assistant to take a mental or physical examination by a health-care provider designated by the board. If the certified physical therapist assistant refuses to undergo the mental or physical examination, unless due to circumstances beyond the certified physical therapist assistant's control, the board may suspend the certified physical therapist assistant's certification until the results of the examination are known and the board has made a determination of the certified physical therapist assistant's fitness to practice. The board shall proceed with an order for examination and determination in a timely manner.

(2) An order issued to a certified physical therapist assistant under subsection (1) of this section to undergo a mental or physical examination must contain the basis of the board's reasonable cause to believe that the certified physical therapist assistant is unable to practice with reasonable skill and safety. For the purposes of a disciplinary proceeding authorized by this part 2, the certified physical therapist assistant is deemed to have waived all objections to the admissibility of the examining health-care provider's testimony or examination reports on the ground that they are privileged communications.

(3) The certified physical therapist assistant may submit to the board testimony or examination reports from a health-care provider chosen by the certified physical therapist assistant pertaining to the condition that the board has alleged may preclude the certified physical therapist assistant from practicing with reasonable skill and safety. The board may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the health-care provider designated by the board.

(4) A person shall not use the results of any mental or physical examination ordered by the board as evidence in any proceeding other than one before the board. The examination results are not public records and are not available to the public.
C.R.S. § 12-310-107 — CO Code / Title 12 / Article 310 / Section 12-310-107
12-310-107. Record check required
Status: in_force

12-310-107. Record check required. (1) Each applicant for registration must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.

(2) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The applicant shall pay the actual costs of the name-based judicial record check.
C.R.S. § 12-10-401 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-401
12-10-401. Legislative declaration
Status: in_force

12-10-401. Legislative declaration. (1) The general assembly finds, determines, and declares that the public will best be served through a better understanding of the public's legal and working relationships with real estate brokers and by being able to engage any such real estate broker on terms and under conditions that the public and the real estate broker find acceptable. This includes engaging a broker as a single agent or transaction-broker. Individual members of the public should not be exposed to liability for acts or omissions of real estate brokers that have not been approved, directed, or ratified by the individuals. Further, the public should be advised of the general duties, obligations, and responsibilities of the real estate broker they engage.

(2) This part 4 is enacted to govern the relationships between real estate brokers and sellers, landlords, buyers, and tenants in real estate transactions.
C.R.S. § 12-270-112 — CO Code / Title 12 / Article 270 / Section 12-270-112
12-270-112. Continuing professional competency - definition
Status: in_force

12-270-112. Continuing professional competency - definition. (1) (a) Each occupational therapist and occupational therapy assistant shall maintain continuing professional competency to practice occupational therapy.

(b) The director shall establish a continuing professional competency program that includes:

(I) A self-assessment of the knowledge and skills of a licensee seeking to renew or reinstate a license;

(II) Development, execution, and documentation of a learning plan based on the self-assessment described in subsection (1)(b)(I) of this section; and

(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession; except that an occupational therapist or occupational therapy assistant licensed pursuant to this article 270 need not retake the examination required by section 12-270-107 (2) or 12-270-108 (2), respectively, for initial licensure.

(2) A licensee satisfies the continuing competency requirements of this section if the licensee meets the continuing professional competency requirements of an accrediting body or an entity that is approved by the director.

(3) (a) After the program is established, a licensee must satisfy the requirements of the program in order to renew or reinstate a license to practice occupational therapy.

(b) The requirements of this section apply to individual occupational therapists and occupational therapy assistants, and nothing in this section requires a person who employs or contracts with an occupational therapist or occupational therapy assistant to comply with this section.

(4) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program:

(a) Are confidential and not subject to inspection by the public or discovery in connection with a civil action against an occupational therapist, occupational therapy assistant, or other professional regulated under this title 12; and

(b) May be used only by the director and only for the purpose of determining whether a licensee is maintaining continuing professional competency to engage in the profession.

(5) As used in this section, "continuing professional competency" means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice occupational therapy according to generally accepted standards and professional ethical standards.
C.R.S. § 12-10-602 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-602
12-10-602. Definitions
Status: in_force

12-10-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1) (a) "Appraisal", "appraisal report", or "real estate appraisal" means a written or oral analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate that is transmitted to the client upon the completion of an assignment. These terms include a valuation, which is an opinion of the value of real estate, and an analysis, which is a general study of real estate not specifically performed only to determine value; except that the terms include a valuation completed by an appraiser employee of a county assessor as defined in section 39-1-102 (2).

(b) The terms do not include an analysis, valuation, opinion, conclusion, notation, or compilation of data by an officer, director, regularly salaried employee, or agent of a financial institution or its affiliate, made for internal use only by the financial institution or affiliate, concerning an interest in real estate that is owned or held as collateral by the financial institution or affiliate and that is not represented or deemed to be an appraisal except to the financial institution, the agencies regulating the financial institution, and any secondary markets that purchase real estate secured loans. An appraisal prepared by an officer, director, regularly salaried employee, or agent of a financial institution who is not licensed or certified under this part 6 must contain a written notice that the preparer is not licensed or certified as an appraiser under this part 6.

(c) "Appraisal", "appraisal report", or "real estate appraisal" does not include a federally authorized "waiver valuation", as defined in 49 CFR 24.2 (a)(33), as amended.

(2) (a) "Appraisal management company" or "AMC" means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor in a consumer credit transaction secured by a consumer's principal dwelling that oversees an appraiser panel or by an underwriter of, or other principal in, the secondary mortgage markets that oversees an appraiser panel to:

(I) Recruit, select, and retain appraisers;

(II) Contract with licensed and certified appraisers to perform appraisal assignments;

(III) Manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or

(IV) Review and verify the work of appraisers.

(b) "Appraisal management company" or "AMC" does not include:

(I) A corporation, limited liability company, sole proprietorship, or other entity that directly performs appraisal services;

(II) A corporation, limited liability company, sole proprietorship, or other entity that does not contract with appraisers for appraisal services, but that solely distributes orders to a client-selected panel of appraisers; and

(III) A mortgage company, or its subsidiary, that manages a panel of appraisers who are engaged to provide appraisal services on mortgage loans either originated by the mortgage company or funded by the mortgage company with its own funds.

(3) "Board" means the board of real estate appraisers created in section 12-10-603.

(4) "Client" means the party or parties who engage an appraiser or an appraisal management company for a specific assignment.

(5) "Consulting services" means services performed by an appraiser that do not fall within the definition of an "independent appraisal" in subsection (7) of this section. "Consulting services" includes marketing, financing and feasibility studies, valuations, analyses, and opinions and conclusions given in connection with real estate brokerage, mortgage banking, and counseling and advocacy in regard to property tax assessments and appeals thereof; except that, if in rendering the services the appraiser acts as a disinterested third party, the work is deemed an independent appraisal and not a consulting service. Nothing in this subsection (5) precludes a person from acting as an expert witness in valuation appeals.

(5.5) "Evaluation" means an opinion about the market value of real estate that is:

(a) Made in accordance with the 2010 "Interagency Appraisal and Evaluation Guidelines" developed by the following federal agencies that regulate financial institutions:

(I) The federal reserve board;

(II) The office of the comptroller of the currency;

(III) The federal deposit insurance corporation;

(IV) The office of thrift supervision; and

(V) The national credit union administration; and

(b) Provided to a financial institution for use in a real-estate-related transaction for which an appraisal is not required by the federal agencies listed in subsection (5.5)(a) of this section.

(6) "Financial institution" means any "bank" or "savings association", as those terms are defined in 12 U.S.C. sec. 1813, any state bank incorporated under title 11, any state or federally chartered credit union, or any company that has direct or indirect control over any of those entities.

(7) "Independent appraisal" means an engagement for which an appraiser is employed or retained to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in or aspects of identified real estate.

(8) (a) "Panel" or "appraiser panel" means a network, list, or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC.

(b) Appraisers on an AMC's appraiser panel include both:

(I) Appraisers accepted by the AMC for consideration for future appraisal assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; and

(II) Appraisers engaged by the AMC to perform one or more appraisals in covered transactions or for secondary mortgage market participants in connection with covered transactions.

(c) An appraiser is an independent contractor for purposes of this subsection (8) if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation.

(9) (a) "Real estate appraiser" or "appraiser" means a person who provides an estimate of the nature, quality, value, or utility of an interest in, or aspect of, identified real estate and includes one who estimates value and who possesses the necessary qualifications, ability, and experience to execute or direct the appraisal of real property.

(b) "Real estate appraiser" or "appraiser" does not include:

(I) A person who conducts appraisals strictly of personal property;

(II) A person licensed as a broker pursuant to part 2 of this article 10 who provides an opinion of value that is not represented as an appraisal and is not used for purposes of obtaining financing;

(III) A person licensed as a certified public accountant pursuant to article 100 of this title 12, and otherwise regulated, as long as the person does not represent his or her opinions of value for real estate as an appraisal;

(IV) A corporation, acting through its officers or regularly salaried employees, when conducting a valuation of real estate property rights owned, to be purchased, or sold by the corporation;

(V) A person who conducts appraisals strictly of water rights or of mineral rights;

(VI) A right-of-way acquisition agent, an appraiser who is licensed and certified pursuant to this part 6, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation when the agent, appraiser, or other qualified individual is employed by or contracts with a public entity and provides an opinion of value that is not represented as an appraisal and when, for any purpose, the property or portion of property being valued is valued at twenty-five thousand dollars or less, as permitted by federal law and 49 CFR 24.102 (c)(2), as amended;

(VII) An officer, director, regularly salaried employee, or agent of a financial institution or its affiliate who makes, for internal use only by the financial institution or affiliate, an analysis, evaluation, opinion, conclusion, notation, or compilation of data with respect to an appraisal so long as the person does not make a written adjustment of the appraisal's conclusion as to the value of the subject real property;

(VIII) An officer, director, regularly salaried employee, or agent of a financial institution or its affiliate who makes an internal analysis, valuation, opinion, conclusion, notation, or compilation of data concerning an interest in real estate that is owned or held as collateral by the financial institution or its affiliate; or

(IX) A person who represents property owners as an advocate in tax or valuation protests and appeals pursuant to title 39.

(10) "Uniform standards of professional appraisal practice" means the standards for the appraisal profession in the United States, as adopted by congress in 1989 through the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", Pub.L. 101-73, as amended, and that the Appraisal Foundation periodically updates.
C.R.S. § 12-120-304 — CO Code / Title 12 / Article 120 / Part 3 / Section 12-120-304
12-120-304. Forms of organizations permitted to practice
Status: in_force

12-120-304. Forms of organizations permitted to practice. (1) A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 3.

(2) An entity may practice or offer to practice land surveying in this state only if the individual in responsible charge of the entity's land surveying activities in this state is a professional land surveyor. All professional land surveying documents, plats, and reports issued by or for the entity must bear the seal and signature of the professional land surveyor who is in responsible charge of and directly responsible for the land surveying work.
C.R.S. § 12-230-501 — CO Code / Title 12 / Article 230 / Part 5 / Section 12-230-501
12-230-501. Definitions
Status: in_force

12-230-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Dispenser" means a person licensed as a hearing aid provider pursuant to part 2 of this article 230 who dispenses hearing aids.
C.R.S. § 12-165-104 — CO Code / Title 12 / Article 165 / Section 12-165-104
12-165-104. Definitions
Status: in_force

12-165-104. Definitions. As used in this article 165, unless the context otherwise requires:

(1) "AARST" means the American Association of Radon Scientists and Technologists or its successor organization.

(2) "ANSI" means the American National Standards Institute or its successor organization.

(3) "Direct supervision" means supervision by an individual who is physically present during on-site activities and immediately available to direct, instruct, and oversee the activities of other individuals.

(4) "Proficiency program" means the National Radon Proficiency Program, the National Radon Safety Board, or a successor organization or any other radon proficiency program that is recognized by the federal environmental protection agency and approved by the director.

(5) "Radon measurement" means the practice of using a radon measurement device to test air, water, or soil for the presence of radon or radon progeny in the indoor environment of a premises.

(6) "Radon measurement device" means a device approved by a proficiency program and used for radon measurement.

(7) "Radon mitigation" means the practice of installing, repairing, or modifying a radon mitigation system to reduce the concentration of radon or radon progeny in the indoor environment of a building.
C.R.S. § 12-275-101 — CO Code / Title 12 / Article 275 / Section 12-275-101
12-275-101. Legislative declaration
Status: in_force

12-275-101. Legislative declaration. The practice of optometry in the state of Colorado is declared to affect the public health and safety and is subject to regulation and control in the public interest. Optometry is declared to be a learned profession, and it is further declared to be a matter of public interest and concern that the practice of optometry as defined in this article 275 be limited to qualified persons having been examined and meeting this state's minimum acceptable level of competence and having been admitted to the practice of optometry under the provisions of this article 275. The priority of this article 275 shall be to protect the consumers of the services provided through appropriate disciplinary procedures. This article 275 shall be liberally construed to carry out these objects and purposes in accordance with this declaration of policy.
C.R.S. § 12-230-103 — CO Code / Title 12 / Article 230 / Part 1 / Section 12-230-103
12-230-103. Scope of article - exemption
Status: in_force

12-230-103. Scope of article - exemption. (1) This article 230 does not apply to persons who are:

(a) Licensed pursuant to section 22-60.5-210 and who are not licensed under this article 230 for work undertaken as part of their employment by, or contractual agreement with, the public schools; or

(b) Engaged in the practice of audiology or the practice of dispensing, fitting, or dealing in hearing aids in the discharge of their official duties in the service of the United States armed forces, public health service, Coast Guard, or veterans administration.

(2) This article 230 does not apply to the wholesale sales of hearing aids.

(3) Nothing in this article 230 authorizes a hearing aid provider to engage in the practice of medicine as defined in section 12-240-107.

(4) Nothing in this article 230 prohibits a business or licensee from hiring and employing unlicensed staff to assist with conducting business practices and to assist in dispensing hearing aids if the unlicensed staff are properly supervised by a licensee; except that the unlicensed staff may not conduct hearing tests or perform the initial fitting of hearing aids.

(5) This article 230 does not apply to the dispensing of hearing aids outside of this state.

(6) An audiologist licensed pursuant to article 210 of this title 12 is not required to obtain a license pursuant to this article 230.
C.R.S. § 12-215-130 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-130
12-215-130. Chiropractic students - chiropractic services - consent - rules
Status: in_force

12-215-130. Chiropractic students - chiropractic services - consent - rules. (1) A chiropractic student, as part of the student's course of instruction at a board-approved chiropractic school and with the signed written consent of the patient or the patient's parent or guardian, may perform chiropractic services under the direct supervision of a licensed chiropractor.

(2) The board shall promulgate rules that:

(a) Specify the criteria that chiropractic schools must meet in order to receive board approval for the purpose of allowing students enrolled in the schools to perform chiropractic services in this state; and

(b) Create a consent form to be completed by a chiropractic student, the student's supervising licensed chiropractor, and the patient or the parent or guardian of the patient prior to receiving chiropractic services from the student.
C.R.S. § 12-240-131 — CO Code / Title 12 / Article 240 / Section 12-240-131
12-240-131. Peer health assistance program
Status: in_force

12-240-131. Peer health assistance program. (1) (a) (I) As a condition of physician, physician assistant, and anesthesiologist assistant licensure and renewal in this state, every applicant shall pay, pursuant to subsection (1)(d) of this section, an amount set by the board, not to exceed sixty-one dollars per year, which maximum amount may be adjusted on January 1, 2011, and annually thereafter by the board to reflect:

(A) Changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers, all goods, or its successor index;

(B) Overall utilization of the program; and

(C) Differences in program utilization by physicians, physician assistants, and anesthesiologist assistants.

(II) Based on differences in utilization rates between physicians, physician assistants, and anesthesiologist assistants, the board may establish different fee amounts for physicians, physician assistants, and anesthesiologist assistants.

(III) The fee imposed pursuant to this subsection (1)(a) is to support designated providers that have been selected by the board to provide assistance to physicians, physician assistants, and anesthesiologist assistants needing help in dealing with physical, emotional, or psychological problems that may be detrimental to their ability to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as applicable.

(b) The board shall select one or more peer health assistance programs as designated providers. To be eligible for designation by the board, a peer health assistance program must:

(I) Provide for the education of physicians, physician assistants, and anesthesiologist assistants with respect to the recognition and prevention of physical, emotional, and psychological problems and provide for intervention when necessary or under circumstances that may be established by rules promulgated by the board;

(II) Offer assistance to a physician, physician assistant, or anesthesiologist assistant in identifying physical, emotional, or psychological problems;

(III) Evaluate the extent of physical, emotional, or psychological problems and refer the physician, physician assistant, or anesthesiologist assistant for appropriate treatment;

(IV) Monitor the status of a physician, physician assistant, or anesthesiologist assistant who has been referred for treatment;

(V) Provide counseling and support for the physician, physician assistant, or anesthesiologist assistant and for the family of any physician, physician assistant, or anesthesiologist assistant referred for treatment;

(VI) Agree to receive referrals from the board;

(VII) Agree to make their services available to all licensed Colorado physicians, licensed Colorado physician assistants, and licensed Colorado anesthesiologist assistants.

(c) The administering entity shall be a qualified, nonprofit private foundation that is qualified under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, and shall be dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to medicine, medical education, medical research and science, and other medical charitable purposes.

(d) The responsibilities of the administering entity are:

(I) To collect the required annual payments, either directly or through the board pursuant to subsection (1)(e) of this section;

(II) To verify to the board, in a manner acceptable to the board, the names of all physician, physician assistant, and anesthesiologist assistant applicants who have paid the fee set by the board;

(III) To distribute the money collected, less expenses, to the approved designated provider, as directed by the board;

(IV) To provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and

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

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

(2) Nothing in this section creates any liability on the board or the state of Colorado for the actions of the board in making grants to peer assistance programs, and no civil action may be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or the result of an act or omission of a physician, physician assistant, or anesthesiologist assistant participating in or referred by a state-funded peer assistance program.
C.R.S. § 12-150-102 — CO Code / Title 12 / Article 150 / Section 12-150-102
12-150-102. Applicability of common provisions
Status: in_force

12-150-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 150.
C.R.S. § 12-245-231 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-231
12-245-231. Mental health professional peer health assistance program - fees - administratio
Status: in_force

12-245-231. Mental health professional peer health assistance program - fees - administration - rules - definition. (1) (a) On and after July 1, 2012, as a condition of licensure, registration, or certification and renewal in this state, every person applying for a new license, registration, or certification or to renew his or her license, registration, or certification shall pay a fee, for use by the administering entity selected by the director pursuant to this subsection (1), in an amount not to exceed twenty-five dollars per application for a new or to renew a license, registration, or certification. The director shall annually review the fee and program usage level and adjust the fee amount based on program usage, but the director shall not adjust the fee to an amount in excess of twenty-five dollars. The division shall forward the fee to the chosen administering entity for use in supporting designated providers selected to provide assistance to licensees, registrants, or certificate holders needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice their mental health profession.

(b) By January 31, 2014, the director, in consultation with the boards before making a selection, shall select one or more designated providers to provide the peer health assistance program. For purposes of selecting designated providers, the director shall use a competitive bidding process that encourages participation from interested vendors. To be eligible for designation, a peer health assistance program must:

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

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

(III) Evaluate the extent of physical, emotional, or psychological conditions and refer the mental health professional for appropriate treatment, taking into consideration the cost of the treatment, whether the cost is prohibitive for or will pose an undue financial hardship on the mental health professional, and, if so, referring the mental health professional to alternative treatment or to a provider or treatment program that offers discounted fees based on ability to pay;

(IV) Monitor the status of a mental health professional who has been referred for treatment;

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

(VI) Agree to receive referrals from the board;

(VII) Agree to make its services available to all licensed, registered, or certified mental health professionals; and

(VIII) Notify the appropriate board when a mental health professional has successfully completed the peer health assistance program.

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

(d) The administering entity shall:

(I) Distribute the money collected by the division, less expenses, to the designated provider, as directed by the director;

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

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

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

(2) (a) Any mental health professional who is referred by the applicable board to a peer health assistance program shall enter into a stipulation with the board pursuant to section 12-20-405 (3) before participating in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals is to be promptly reported to the board and that the failure will result in disciplinary action by the board. Upon notice from the peer health assistance program that a mental health professional has successfully completed the program, the board that regulates the professional shall reinstate the professional's license, registration, or certification.

(b) Notwithstanding sections 12-245-225, 12-245-226, and 24-4-104, the applicable board may immediately suspend the license of any mental health professional who is referred to a peer health assistance program by the board and who fails to attend or to complete the program. If the mental health professional objects to the suspension, he or she may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the mental health professional bears the burden of proving that his or her license, registration, or certification should not be suspended.

(c) Any mental health professional who self-refers and is accepted into a peer health assistance program shall affirm that, to the best of his or her knowledge, information, and belief, he or she knows of no instance in which he or she has violated this article 245 or the rules of the board, except in those instances affected by the mental health professional's physical, emotional, or psychological conditions.

(3) Nothing in this section creates any liability on the director, division, or state of Colorado for their actions in making grants to peer assistance programs, and no civil action may be brought or maintained against the board, director, division, or state for an injury alleged to have been the result of the activities of any state-funded peer assistance program or the result of an act or omission of a mental health professional participating in or referred by a state-funded peer assistance program. However, the state remains liable under the "Colorado Governmental Immunity Act", article 10 of title 24, if an injury alleged to have been the result of an act or omission of a mental health professional participating in or referred by a state-funded peer assistance program occurred while the mental health professional was performing duties as an employee of the state.

(4) The boards may promulgate rules necessary to implement this section. The boards and the director shall seek and obtain input from representatives of associations representing each type of mental health professional regulated under this article 245 in the development of the peer health assistance program and related rules and shall not select a designated provider until that input is obtained.

(5) As used in this section, "mental health professional" means a psychologist, social worker, marriage and family therapist, licensed professional counselor, or addiction counselor regulated under this article 245.
C.R.S. § 12-250-112 — CO Code / Title 12 / Article 250 / Section 12-250-112
12-250-112. Disclosures - record keeping
Status: in_force

12-250-112. Disclosures - record keeping. (1) A naturopathic doctor shall provide the following information in writing to each patient in a format required by the director:

(a) The naturopathic doctor's name, business address, and telephone number;

(b) The nature of the services to be provided;

(c) A statement that naturopathic doctors are registered by the state to practice naturopathic medicine under the "Naturopathic Doctor Act";

(d) The prohibitions specified in section 12-250-106 (2);

(e) The states in which the naturopathic doctor holds an active license or registration; and

(f) How to file a complaint against a naturopathic doctor.

(2) A naturopathic doctor shall obtain a written acknowledgment from the patient stating that the patient has been provided the information described in subsection (1) of this section. The naturopathic doctor shall retain the acknowledgment for seven years after the date on which the last services were provided to the patient.

(3) If a naturopathic doctor treats any patient who is seeking treatment for cancer, the naturopathic doctor shall recommend to the patient that the patient consult with a licensed physician specializing in oncology and document the recommendation in writing.
C.R.S. § 12-10-508 — CO Code / Title 12 / Article 10 / Part 5 / Section 12-10-508
12-10-508. Repeal of part - subject to review
Status: repealed

12-10-508. Repeal of part - subject to review. This part 5 is repealed, effective September 1, 2026. Before the repeal, this part 5 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-200-114 — CO Code / Title 12 / Article 200 / Section 12-200-114
12-200-114. Director - powers and duties - rules
Status: in_force

12-200-114. Director - powers and duties - rules. (1) In addition to any other powers and duties conferred by this article 200, the director has the following powers and duties:

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

(b) To accept or deny applications for licensure and to collect the annual license fees authorized by this article 200;

(c) To inspect on a complaint basis any premises where acupuncture services are provided to ensure compliance with this article 200 and the rules adopted pursuant thereto;

(d) To contract with the department of public health and environment or others to provide appropriate services as needed to carry out the inspections authorized with respect to the proper cleaning and sterilization of needles and the sanitation of acupuncture offices;

(e) To make investigations, hold hearings, and take evidence in accordance with section 12-20-403 with respect to any complaint against any licensee when the director has reasonable cause to believe that the licensee is violating any of the provisions of this article 200;

(f) To conduct any other meetings or hearings necessary to carry out the provisions of this article 200;

(g) Through the department of regulatory agencies, and subject to appropriations made to the department of regulatory agencies, to employ administrative law judges on a full-time or part-time basis to conduct any hearings required by this article 200;

(h) To seek an injunction in accordance with section 12-20-406 to enjoin any person from committing any act prohibited by this article 200;

(i) To order the physical or mental examination of an acupuncturist if the director has reasonable cause to believe that the acupuncturist is subject to a physical or mental disability that renders the acupuncturist unable to treat patients with reasonable skill and safety or that may endanger a patient's health or safety; and the director may order an examination whether or not actual injury to a patient is established;

(j) To report to the United States department of health and human services, pursuant to applicable federal law and regulations, any adverse action taken against the license of any acupuncturist;

(k) To adopt rules regarding the ability of an acupuncture aide to perform specified tasks under the supervision of an acupuncturist, including:

(I) The specific tasks an acupuncture aide may perform and the specific tasks an acupuncture aide is prohibited from performing;

(II) The requirements for the training and supervision of acupuncture aides; and

(III) The number of acupuncture aides an acupuncturist may supervise; and

(l) To adopt rules establishing the appropriate use of telehealth to provide acupuncture services.
C.R.S. § 12-280-107 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-107
12-280-107. Rules
Status: in_force

12-280-107. Rules. (1) The board shall make, adopt, amend, or repeal rules in accordance with article 4 of title 24 and section 12-20-204 that the board deems necessary for the proper administration and enforcement of the responsibilities and duties delegated to the board by this article 280, including those relating to nuclear pharmacies.

(2) On or before January 1, 2020, the board shall adopt or amend rules as necessary to permit the dispensing of an opiate antagonist in accordance with sections 12-30-110 and 12-280-123 (3).

(3) The board may adopt rules to specify additional criteria necessary to facilitate the operation of telepharmacy outlets. The board's additional rules for a telepharmacy outlet are limited to rules concerning the following:

(a) Application requirements;

(b) Structural and equipment requirements;

(c) Staffing and training requirements;

(d) Pharmacist manager visitation requirements;

(e) Inventory record-keeping and storage requirements;

(f) Establishing policies and procedures relating to telepharmacy operations; and

(g) The number of telepharmacy outlets that may be operated by a central pharmacy.
C.R.S. § 12-245-407 — CO Code / Title 12 / Article 245 / Part 4 / Section 12-245-407
12-245-407. Exemptions
Status: in_force

12-245-407. Exemptions. Nothing in this part 4 shall be construed to prevent the teaching of social work, or the conduct of social work research, if the teaching or research does not involve the delivery or supervision of direct social work services to individuals who are themselves, rather than a third party, the intended beneficiaries of the services without regard to the source or extent of payment for services rendered. Nothing in this part 4 prevents the provision of expert testimony by social workers who are exempted by this part 4. A person who has completed an earned doctoral degree in social work from an approved school may use the title "social worker" in conjunction with activities permitted in this section.
C.R.S. § 12-230-102 — CO Code / Title 12 / Article 230 / Part 1 / Section 12-230-102
12-230-102. Definitions
Status: in_force

12-230-102. Definitions. As used in this article 230, unless the context otherwise requires:

(1) "Apprentice" means a person who holds a current license as an apprentice pursuant to this article 230.

(2) "Dispense", with regard to a hearing aid, means to sell or transfer title, possession, or the right to use by lease, bailment, or any other method. The term does not apply to wholesale transactions with distributors or dealers.

(3) (a) "Hearing aid" means a wearable device designed or offered to be customized for the purpose of compensating for impaired human hearing and includes:

(I) Any parts, attachments, or accessories to the instrument or device, as defined in rules adopted by the director; and

(II) Ear molds, excluding batteries and cords.

(b) The term does not include a surgically implanted hearing device.

(4) "Hearing aid provider" means a person engaged in the practice of dispensing, fitting, or dealing in hearing aids.

(5) "Practice of dispensing, fitting, or dealing in hearing aids" includes:

(a) Selecting and adapting hearing aids for sale;

(b) Testing human hearing for purposes of selecting and adapting hearing aids for sale; and

(c) Making impressions for ear molds and counseling and instructing prospective users for purposes of selecting, fitting, adapting, or selling hearing aids.

(6) "Surgically implanted hearing device" means a device that is designed to produce useful hearing sensations to a person with a hearing impairment and that has, as one or more components, a unit that is surgically implanted into the ear, skull, or other interior part of the body. The term includes any associated unit that may be worn on the body.
C.R.S. § 12-290-122 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-122
12-290-122. Division of fees prohibited - penalty - recovery of fees illegally paid
Status: in_force

12-290-122. Division of fees prohibited - penalty - recovery of fees illegally paid. (1) A licensee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the licensee:

(a) Divides any fee or compensation received or charged for services rendered by the person as a licensee or agrees to divide the fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for:

(I) Sending or bringing any patient or other person to the licensee;

(II) Recommending the licensee to any person; or

(III) Being instrumental in any manner in causing any person to engage the licensee in the licensee's professional capacity;

(b) Either directly or indirectly pays or compensates or agrees to pay or compensate any person, firm, association, or corporation for:

(I) Sending or bringing any patient or other person to the licensee for examination or treatment;

(II) Recommending the licensee to any person; or

(III) Being instrumental in causing any person to engage the licensee in the licensee's professional capacity; or

(c) In the licensee's professional capacity and in the licensee's own name or behalf, makes or presents a bill or requests a payment for services rendered by any person other than the licensee.

(2) If a licensee, in violation of subsection (1) of this section, divides or agrees to divide any fee or compensation received by the licensee for services rendered in the licensee's professional capacity with any person, the person who has paid the fee or compensation to the licensee may recover the amount unlawfully paid or agreed to be paid from either the licensee or from the person to whom the fee or compensation has been paid, by an action to be instituted within two years after the date on which the fee or compensation was divided or agreed to be divided.
C.R.S. § 12-10-902 — CO Code / Title 12 / Article 10 / Part 9 / Section 12-10-902
12-10-902. Purchase of service contract not compulsory
Status: in_force

12-10-902. Purchase of service contract not compulsory. A company selling, offering to sell, or effecting the issuance of a home warranty service contract under this part 9 shall not in any manner require a home buyer or seller, or prospective home buyer or seller, or person refinancing a home to purchase a home warranty service contract.
C.R.S. § 12-245-210 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-210
12-245-210. Prohibition against prescribing drugs or practicing medicine - exception for opi
Status: in_force

12-245-210. Prohibition against prescribing drugs or practicing medicine - exception for opioid antagonist. (1) Nothing in this article 245 permits psychologists, social workers, marriage and family therapists, licensed professional counselors, unlicensed psychotherapists, and addiction counselors licensed, certified, or registered under this article 245 to administer or prescribe drugs or in any manner engage in the practice of medicine as defined by the laws of this state.

(2) Notwithstanding subsection (1) of this section, a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under this article 245 may possess, furnish, or administer an opioid antagonist in accordance with section 12-30-110.
C.R.S. § 12-150-115 — CO Code / Title 12 / Article 150 / Section 12-150-115
12-150-115. Inspections and investigations - costs - reports - rules
Status: in_force

12-150-115. Inspections and investigations - costs - reports - rules. (1) The board may cause to be made such inspection of the design, construction, operation, and maintenance of passenger tramways as the board may reasonably require.

(2) The inspections shall include, at a minimum, two inspections per year or per two thousand hours of operation, whichever occurs first, of each passenger tramway, one of which inspections shall be during the high use season, shall be unannounced, and shall be carried out under contract by independent contractors selected by the board or by the supervisory tramway engineer. Additional inspections may be required by the board if the area operator does not, in the opinion of the board, make reasonable efforts to correct any deficiencies identified in any prior inspection or if the board otherwise deems additional inspections necessary. The board shall provide in its rules that no facility shall be shut down for the purposes of a regular inspection during normal operating hours unless sufficient daylight is not available for the inspection.

(3) The board may employ independent contractors to make the inspections for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of inspections provided for in this article 150 shall be paid in the first instance by the board, but each area operator of the passenger tramway that was the subject of the inspection shall, upon notification by the board of the amount due, reimburse the board for any charges made by personnel for the services and for the actual expenses of each inspection.

(4) The board may cause an investigation to be made in response to an accident or incident involving a passenger tramway as the board may reasonably require. The board may employ independent contractors to make the investigations for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of investigations provided for in this article 150 shall be paid in the first instance by the board, and thereafter one or more area operators may be billed for work performed pursuant to subsection (3) of this section.

(5) If, as the result of an inspection, it is found that a violation of the board's rules exists, or a condition in passenger tramway design, construction, operation, or maintenance exists, endangering the safety of the public, an immediate report shall be made to the board for appropriate investigation and order.
C.R.S. § 12-155-122 — CO Code / Title 12 / Article 155 / Section 12-155-122
12-155-122. Unauthorized practice - penalties
Status: in_force

12-155-122. Unauthorized practice - penalties. [Editor's note: This version of this section is effective until July 1, 2025.]

(1) Any person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyman, master, or apprentice plumber without an active license, permit, or registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2) A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a); except that nothing in this subsection (2) limits the ability of a licensed residential, journeyman, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.12-155-122. Unauthorized practice - penalties. [Editor's note: This version of this section is effective July 1, 2025.]

(1) A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber or plumbing apprentice without an active license, permit, or registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2) A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a); except that nothing in this subsection (2) limits the ability of a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.
C.R.S. § 12-105-102 — CO Code / Title 12 / Article 105 / Section 12-105-102
12-105-102. Legislative declaration
Status: in_force

12-105-102. Legislative declaration. The purpose of this article 105 is to protect the public's health, safety, and welfare with respect to the professional practice of barbers, hairstylists, cosmetologists, estheticians, and nail technicians, and, therefore, testing procedures and disciplinary actions are of the highest priority. Access of qualified professionals to these professions shall not be unduly restricted. The director is hereby directed to enforce this article 105 to accomplish the purposes set forth in this section.
C.R.S. § 12-255-127 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-127
12-255-127. Exclusions
Status: repealed

12-255-127. Exclusions. (1) This part 1 does not prohibit:

(a) Gratuitous care of friends or members of the family;

(b) Domestic administration of family remedies or care of the sick by domestic servants, housekeepers, companions, or household aides of any type, whether employed regularly or because of an emergency of illness, but who shall not in any way assume to practice practical or professional nursing or as a certified midwife;

(c) Nursing or midwifery assistance in the case of an emergency;

(d) The practice of nursing or as a certified midwife in this state by any legally qualified nurse or certified midwife of another state whose engagement requires the nurse or certified midwife to accompany and care for a patient temporarily residing in this state during the period of one engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a practical or professional nurse or certified midwife licensed to practice in this state;

(e) The practice of any nurse or certified midwife licensed in this state or another state or a territory of the United States who is employed by the United States government or any bureau, division, or agency of the United States government while in the discharge of official duties;

(f) The practice of nursing or midwifery by students enrolled in an approved education program or midwifery education program when the practice is performed as part of the approved education program or midwifery education program prior to the graduation of the student;

(g) The practice of nursing or as a certified midwife by any nurse or midwife who is licensed in any other state, any territory of the United States, or any other country and is enrolled in a baccalaureate or graduate program, if the practice is performed as a part of the program;

(h) The administration and monitoring of medications in facilities pursuant to part 3 of article 1.5 of title 25;

(i) The administration of nutrition or fluids through gastrostomy tubes as provided in sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i) as a part of residential or day program services provided through service agencies approved by the department of health care policy and financing pursuant to section 25.5-10-206;

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

(k) The practice of administration and monitoring as defined in section 25-1.5-301 (1) and (3);

(l) The administration of medications by child care providers to children cared for in family child care homes pursuant to section 26.5-5-325;

(m) A person who provides nonmedical support services from using the title "Christian Science nurse" when offering or providing services to a member of his or her own religious organization;

(n) (I) The administration of epinephrine auto-injectors by a licensee in a public school or nonpublic school pursuant to a policy adopted in accordance with section 22-1-119.5;

(II) The issuance by an advanced practice registered nurse with prescriptive authority of standing orders and protocols for the use of epinephrine auto-injectors for emergency use in a public school or nonpublic school pursuant to a policy adopted in accordance with section 22-1-119.5; or

(III) The training by a licensee of and the delegation to designated school personnel on the recognition of the symptoms of anaphylactic shock and on the administration of epinephrine auto-injectors in a public school or nonpublic school pursuant to a policy adopted in accordance with section 22-1-119.5;

(o) A prescription by an advanced practice registered nurse with prescriptive authority for the use of epinephrine auto-injectors by an authorized entity in accordance with article 47 of title 25;

(p) The administration of medical marijuana in a nonsmokeable form by a licensed nurse in a public school or nonpublic school pursuant to a policy adopted pursuant to section 22-1-119.3 (3)(d.5);

(q) The training by a licensed nurse of school personnel or volunteers on the administration of medical marijuana in a nonsmokeable form in a public school or nonpublic school to a student with a valid medical marijuana recommendation pursuant to a policy adopted pursuant to section 22-1-119.3 (3)(d.5).

(2) This part 1 shall not be construed as applying to a person who nurses or cares for the sick in accordance with the practice or tenets of any church or religious denomination that teaches reliance upon spiritual means through prayer for healing and who does not hold himself or herself out to the public to be a licensed practical or professional nurse or a certified midwife.

(3) Nothing in this part 1:

(a) Prohibits any licensee from practicing practical or professional nursing or as a certified midwife independently for compensation upon a fee for services basis;

(b) Prohibits or requires the direct reimbursement for nursing or certified midwife services and care through qualified governmental and insurance programs to persons duly licensed in accordance with this part 1; or

(c) Conveys to the practice of nursing or the practice as a certified midwife the performance of medical practice as regulated by article 240 of this title 12, other than as permitted under section 12-240-107 (1)(f)(I).

(4) Repealed.
C.R.S. § 12-10-610 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-610
12-10-610. Expiration of licenses - renewal - penalties - fees - rules
Status: in_force

12-10-610. Expiration of licenses - renewal - penalties - fees - rules. (1) (a) All licenses or certificates expire pursuant to a schedule established by the director and may be renewed or reinstated pursuant to this section. Upon compliance with this section and any applicable rules of the board regarding renewal, including the payment of a renewal fee plus a reinstatement fee established pursuant to subsection (1)(b) of this section, the expired license or certificate shall be reinstated. A real estate appraiser's license or certificate that has not been renewed for a period greater than two years shall not be reinstated, and the person must submit a new application for licensure or certification.

(b) A person who fails to renew his or her license or certificate before the applicable renewal date may have it reinstated if the person submits an application as prescribed by the board:

(I) Within thirty-one days after the date of expiration, by payment of the regular renewal fee;

(II) More than thirty-one days, but within one year, after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to one-third of the regular renewal fee; or

(III) More than one year, but within two years, after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to two-thirds of the regular renewal fee.

(2) If the federal registry fee collected by the board and transmitted to the federal financial institutions examination council is increased prior to expiration of a license or certificate, the board shall collect the amount of the increase in the fee from the holder of the license or certificate and forward the amount to the council annually. The federal registry fee does not apply to licensed ad valorem appraisers licensed under this article 10.

(3) (a) If the applicant has complied with this section and any applicable rules of the board regarding renewal, except for the continuing education requirements pursuant to section 12-10-606, the licensee may renew the license on inactive status. An inactive license may be activated if the licensee submits written certification of compliance with the required number of continuing education hours as determined by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization. The board may adopt rules establishing procedures to facilitate reactivation of licenses.

(b) The holder of an inactive license shall not perform a real estate appraisal or appraisal management duties.

(c) The holder of an inactive license shall not hold himself or herself out as having an active license pursuant to this part 6.

(4) At the time of renewal or reinstatement, every licensee, certificate holder, and person or individual who owns more than ten percent of an appraisal management company shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation, if the person has not previously done so for issuance of a license or certification by the board. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. The bureau shall forward the results to the board. The board shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check. The board may refuse to renew or reinstate a license or certification based on the outcome of the record check.
C.R.S. § 12-245-224 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-224
12-245-224. Prohibited activities - related provisions - definition
Status: in_force

12-245-224. Prohibited activities - related provisions - definition. (1) A person licensed, registered, or certified under this article 245 violates this article 245 if the person:

(a) Has been convicted of or pled guilty or nolo contendere to a felony or to any crime related to the person's practice, or received a deferred sentence to a felony charge. 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, each board is governed by sections 12-20-202 (5) and 24-5-101.

(b) Has violated or attempted to violate, directly or indirectly, or assisted or abetted the violation of, or conspired to violate any provision or term of this article 245, an applicable provision of article 20 or 30 of this title 12, a rule promulgated pursuant to this article 245, or any order of a board established pursuant to this article 245;

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

(d) (I) Has committed abuse of health insurance pursuant to section 18-13-119;

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

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

(f) (I) Fails to notify the board that regulates the person's profession of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the person's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care;

(II) Fails to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or

(III) Fails to comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-245-223;

(g) (I) Has acted or failed to act in a manner that does not meet the generally accepted standards of the professional discipline under which the person practices. Generally accepted standards may include, at the board's discretion, the standards of practice generally recognized by state and national associations of practitioners in the field of the person's professional discipline.

(II) A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence that the act or omission does not meet generally accepted standards of the professional discipline, but evidence of the act or omission is not limited to a malpractice judgment.

(h) Has performed services outside of the person's area of training, experience, or competence;

(i) Has maintained relationships with clients that are likely to impair the person's professional judgment or increase the risk of client exploitation, such as treating employees, supervisees, close colleagues, or relatives;

(j) Has exercised undue influence on the client, including the promotion of the sale of services, goods, property, or drugs in such a manner as to exploit the client for the financial gain of the practitioner or a third party;

(k) Has failed to terminate a relationship with a client when it was reasonably clear that the client was not benefitting from the relationship and is not likely to gain such benefit in the future;

(l) Has failed to refer a client to an appropriate practitioner when the problem of the client is beyond the person's training, experience, or competence;

(m) Has failed to obtain a consultation or perform a referral when the failure is not consistent with generally accepted standards of care;

(n) Has failed to render adequate professional supervision of persons practicing pursuant to this article 245 under the person's supervision according to generally accepted standards of practice;

(o) Has accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons;

(p) Has failed to comply with any of the requirements pertaining to mandatory disclosure of information to clients pursuant to section 12-245-216;

(q) Has offered or given commissions, rebates, or other forms of remuneration for the referral of clients unless the offer or remuneration was for services provided, including marketing, office space, administrative, consultative, and clinical services, and not for the referral itself. A licensee, registrant, or certificate holder may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on the person's behalf by the agent, including compensation that is paid for the results of performance of the services on a per-patient basis.

(r) Has engaged in sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401, with a client during the period of time in which a therapeutic relationship exists or for up to two years after the period in which a therapeutic relationship exists;

(s) Has resorted to fraud, misrepresentation, or deception in applying for or in securing licensure or taking any examination provided for in this article 245;

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

(I) Repeated ordering or performing demonstrably unnecessary laboratory tests or studies without clinical justification for the tests or studies;

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

(III) Ordering or performing any service or treatment that is contrary to the generally accepted standards of the person's practice and is without clinical justification;

(IV) Using or recommending rebirthing or any therapy technique that may be considered similar to rebirthing as a therapeutic treatment. "Rebirthing" means the reenactment of the birthing process through therapy techniques that involve any restraint that creates a situation in which a patient may suffer physical injury or death. For the purposes of this subsection (1)(t)(IV), a parent or legal guardian may not consent to physical, chemical, or mechanical restraint on behalf of a child or ward.

(V) Conversion therapy with a client who is under eighteen years of age;

(u) Has falsified or repeatedly made incorrect essential entries or repeatedly failed to make essential entries on patient records;

(v) Has committed a fraudulent insurance act, as set forth in section 10-1-128;

(w) Has sold or fraudulently obtained or furnished a license, registration, or certification to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor or has aided or abetted in those activities; or

(x) Has failed to respond, in the manner required by the board, to a complaint filed with or by the board against the licensee, registrant, or certificate holder.

(1.5) Any contract entered into by a licensee, certificate holder, or registrant for the purpose of marketing, office space, administrative support, or any other overhead expense shall not provide remuneration for referrals of clients or patients or otherwise create a financial benefit or incentive to the contractor that is tied to or conditioned on the number of clients or patients that the licensee, certificate holder, or registrant sees, the value of the services that the licensee, certificate holder, or registrant provides, or any financial recovery to which the licensee, certificate holder, or registrant is entitled.

(2) A disciplinary action relating to a license, registration, or certification to practice a profession licensed, registered, or certified under this article 245 or any related occupation in any other state, territory, or country for disciplinary reasons constitutes prima facie evidence of grounds for disciplinary action, including denial of licensure, registration, or certification, by a board. This subsection (2) applies only to disciplinary actions based upon acts or omissions in the other state, territory, or country substantially similar to those acts or omissions set out as grounds for disciplinary action pursuant to subsection (1) of this section.

(3) (a) The board shall design and send a questionnaire to all licensed psychologists with prescriptive authority who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 2 or has been disciplined for any action that might be considered a violation of this part 2 or that might make the licensee unfit to practice psychology 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). If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under this section. The board may include the cost of developing and reviewing the questionnaire in the fee paid pursuant to section 12-245-205. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.

(b) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.
C.R.S. § 12-215-107 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-107
12-215-107. Display of license required
Status: in_force

12-215-107. Display of license required. Every licensed practitioner of chiropractic shall conspicuously display his or her license to practice in this state. If a chiropractor practices at several locations, his or her name and license number shall be displayed in a manner that can be easily recognized by patients. Persons who engage in the practice of chiropractic under the name of a partnership, association, or other entity shall conspicuously display at the entrance of their place of business the name of each member or associate of the entity who is engaged in the practice of chiropractic.
C.R.S. § 12-220-210 — CO Code / Title 12 / Article 220 / Part 2 / Section 12-220-210
12-220-210. Use or sale of forged or invalid diploma, license, license renewal certificate,
Status: in_force

12-220-210. Use or sale of forged or invalid diploma, license, license renewal certificate, or identification. (1) (a) It is unlawful for any person to use or attempt to use:

(I) As the person's own, a diploma from a dental college or school or school of dental therapy or dental hygiene, or a license or license renewal certificate, that was issued or granted to another person; or

(II) A forged diploma, license, license renewal certificate, or identification.

(b) It is also unlawful for any person to file with the board a forged document in response to a request by the board for documentation of an applicant's qualifications for licensure.

(2) It is unlawful to sell or offer to sell a diploma conferring a dental, dental therapy, or dental hygiene degree or a license or license renewal certificate granted pursuant to this article 220 or prior dental practice laws, or to procure such diploma or license or license renewal certificate:

(a) With the intent that it be used as evidence of the right to practice dentistry, dental therapy, or dental hygiene by a person other than the one upon whom it was conferred or to whom the license or license renewal certificate was granted; or

(b) With fraudulent intent to alter the document and use or attempt to use it when it is so altered.
C.R.S. § 12-30-208 — CO Code / Title 12 / Article 30 / Part 2 / Section 12-30-208
12-30-208. Conformance with federal law and regulation - legislative declaration - rules -
Status: in_force

12-30-208. Conformance with federal law and regulation - legislative declaration - rules - limitations on liability - definition. (1) The general assembly hereby finds, determines, and declares that the enactment of this section is necessary in order for the state to comply with the provisions of the federal "Health Care Quality Improvement Act of 1986", as amended, 42 U.S.C. secs. 11101 to 11152. It is the intent of the general assembly that the provisions of this section are to be interpreted as being complementary to the other provisions in this part 2. The provisions of this section are intended to be responsive to specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended. If the provisions of this section conflict with the other provisions of this part 2, other than with respect to the specific requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, the other provisions of this part 2 prevail.

(2) The medical board and nursing board may promulgate rules to comply with the reporting requirements of the federal "Health Care Quality Improvement Act of 1986", as amended, and may participate in the federal data bank.

(3) (a) The following persons are immune from suit and not liable for damages in any civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee in connection with a professional review action in this state, and such persons are not liable for damages in a civil action with respect to their participation in, assistance to, or reporting of information to a professional review committee that meets the standards of and is in conformity with the federal "Health Care Quality Improvement Act of 1986", as amended:

(I) An authorized entity, professional review committee, or governing board;

(II) Any person acting as a member of or staff to the authorized entity, professional review committee, or governing board;

(III) A witness, consultant, or other person who provided information to the authorized entity, professional review committee, or governing board; and

(IV) Any person who participates with or assists the professional review committee or governing board with respect to the professional review activities.

(b) (I) Notwithstanding subsection (3)(a) of this section, nothing in this section relieves an authorized entity that is a health-care facility licensed or certified pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II) of liability to an injured person or wrongful death claimant for the facility's independent negligence in the credentialing or privileging process for a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife who provided health-care services for the injured or deceased person at the facility. For purposes of this subsection (3), the facility's participation in the credentialing process or the privileging process does not constitute the corporate practice of medicine.

(II) Nothing in this subsection (3) affects the confidentiality or privilege of any records subject to section 12-30-204 (11) or of information obtained and maintained in accordance with a quality management program as described in section 25-3-109. The exceptions to confidentiality or privilege as set forth in sections 12-30-204 (11) and 25-3-109 (4) apply.

(III) This subsection (3)(b) applies to actions filed on or after July 1, 2012.

(c) As used in this subsection (3), unless the context otherwise requires, "professional review action" means an action or recommendation of a professional review committee that is taken or made in the conduct of professional review activity and that is based on the quality and appropriateness of patient care provided by, or the competence or professional conduct of, an individual person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife, which action affects or may affect adversely the person's clinical privileges of or membership in an authorized entity. "Professional review action" includes a formal decision by the professional review committee not to take an action or make a recommendation as provided in this subsection (3)(c) and also includes professional review activities relating to a professional review action. An action is not based upon the competence or professional conduct of a person if the action is primarily based on:

(I) The person's association or lack of association with a professional society or association;

(II) The person's fees or advertising or engaging in other competitive acts intended to solicit or retain business;

(III) The person's association with, supervision of, delegation of authority to, support for, training of, or participation in a private group practice with a member or members of a particular class of health-care practitioners or professionals;

(IV) The person's participation in prepaid group health plans, salaried employment, or any other manner of delivering health services whether on a fee-for-service basis or other basis;

(V) Any other matter that does not relate to the quality and appropriateness of patient care provided by, or the competence or professional conduct of, a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife.
C.R.S. § 12-140-105 — CO Code / Title 12 / Article 140 / Section 12-140-105
12-140-105. Standards of practice
Status: in_force

12-140-105. Standards of practice. (1) A nontransplant tissue bank shall:

(a) Handle human remains in a safe and sanitary manner;

(b) Be equipped with instruments and supplies necessary to protect the health and safety of the public and employees of the nontransplant tissue bank;

(c) Affix identification to all human remains delivered to the nontransplant tissue bank and provide tracking paperwork to match the identification; and

(d) Maintain a proper chain of custody of human remains while the human remains are in the possession of the nontransplant tissue bank.

(2) A nontransplant tissue bank shall not commingle unidentified or unharvested human remains prior to transfer to a crematory or funeral establishment, as those terms are defined in section 12-135-103 (8) and (16), respectively.

(3) An incinerator that is used for the disposal of human remains and that is operated by a registered nontransplant tissue bank need not be registered under part 3 of article 135 of this title 12. The incinerator may commingle tissue from medical or educational research from multiple decedents.

(4) (a) A nontransplant tissue bank may compensate a funeral establishment for transportation of human remains and other reasonable expenses.

(b) A nontransplant tissue bank shall not compensate a funeral establishment for human remains.

(5) The donor or the person authorized by law to consent to donation may limit the sale of the donated human remains by a nontransplant tissue bank, including prohibiting sale to foreign buyers, for nonmedical research uses, or for military uses.
C.R.S. § 12-105-106 — CO Code / Title 12 / Article 105 / Section 12-105-106
12-105-106. Powers and duties of the director - advisory committee
Status: in_force

12-105-106. Powers and duties of the director - advisory committee. (1) The director has the following powers and duties:

(a) To promulgate rules in accordance with section 12-20-204;

(b) To take disciplinary or other action as authorized in section 12-20-404 or limit the scope of practice of an applicant, licensee, or registrant, upon proof of a violation of this article 105 or the rules promulgated pursuant to this article 105;

(c) To prescribe, with the approval of the department of public health and environment, such safety and sanitary rules as the director may deem necessary to protect the health and safety of the public;

(d) To supervise and regulate the industries of barbering, hairstyling, and cosmetology and the practices of estheticians and nail technicians of this state in accordance with this article 105, but nothing contained in this article 105 shall be construed to abrogate the status, force, or operation of any provisions of any public health law of this state or any local health ordinance or regulation;

(e) To establish criteria for applicant eligibility for examination and to establish procedures for the registration of places of business;

(f) To investigate, in accordance with section 12-20-403, upon the director's own initiative or upon receiving a complaint, all suspected or alleged violations of this article 105, unless the director determines that a complaint or alleged violation is without merit, and to enter premises in which violations are alleged to have occurred during business hours;

(g) To apply, in accordance with section 12-20-406, for an order enjoining any act or practice that constitutes a violation of this article 105. Upon a showing to the satisfaction of the court that a person is engaging or intends to engage in any such act or practice, an injunction, temporary restraining order, or other appropriate order shall be granted by such court, regardless of the existence of another remedy therefor.

(h) To send letters of admonition under the circumstances specified in and in accordance with section 12-20-404 (4);

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

(j) To issue confidential letters of concern under the circumstances specified in section 12-20-404 (5).

(2) The director shall appoint a six-member advisory committee to assist in the performance of the director's duties. The advisory committee consists of at least three licensees who have expertise in the area under review; one owner or operator of a school that provides training for licensees in the industry and is licensed by the private occupational school division; a representative from a Colorado licensed school that provides training for licensees in the industry; and a member of the public. Members of the advisory committee shall not be compensated for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties under this article 105. The advisory committee shall meet at least once per year and prior to the adoption of rules, and at the request of the director.
C.R.S. § 12-230-207 — CO Code / Title 12 / Article 230 / Part 2 / Section 12-230-207
12-230-207. Continuing education
Status: in_force

12-230-207. Continuing education. Each licensed hearing aid provider in active practice within the state of Colorado shall annually attend not less than eight hours of continuing education on subjects related to the scope of practice specified in section 12-230-104.
C.R.S. § 12-130-106 — CO Code / Title 12 / Article 130 / Section 12-130-106
12-130-106. Board - composition - appointments - terms
Status: in_force

12-130-106. Board - composition - appointments - terms. (1) There is hereby created in the division the Colorado state board of landscape architects. The board shall consist of five members who shall have the following qualifications:

(a) Three members shall:

(I) Be licensed landscape architects in Colorado;

(II) Have at least three years of experience in the practice of landscape architecture; and

(III) Be residents of the state of Colorado;

(b) (I) Two members shall:

(A) Not be licensed landscape architects nor practice landscape architecture in any jurisdiction;

(B) Not have a current or prior significant personal or financial interest in the practice of landscape architecture; and

(C) Be residents of the state of Colorado.

(II) Of the two members appointed pursuant to this subsection (1)(b), one member shall be a building or landscape contractor in Colorado.

(2) Appointments to the board shall be made by the governor and shall be made to provide for staggering of terms of members so that not more than two members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove a member of the board for misconduct, incompetence, neglect of duty, or an act that would justify the revocation of the board member's license to practice landscape architecture, if applicable.

(3) The board shall meet on or before August 30 of each year and elect from its members a chair and vice-chair. The board shall meet at other times as it deems necessary, but not less than twice a year.
C.R.S. § 12-285-104 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-104
12-285-104. Definitions
Status: in_force

12-285-104. Definitions. As used in this article 285, unless the context otherwise requires:

(1) "Accredited physical therapy program" means a program of instruction in physical therapy that is accredited as set forth in section 12-285-110 (1)(a)(I).

(2) "Adverse action" means disciplinary action taken by the board based upon misconduct, unacceptable performance, or a combination of both and includes any action taken pursuant to the following:

(a) Section 12-285-122, except for any action taken pursuant to subsection (4) of that section;

(b) Section 12-285-129;

(c) Section 12-285-130;

(d) Section 12-285-212, except for any action taken pursuant to subsection (4) of that section;

(e) Section 12-285-218; and

(f) Section 12-285-219.

(3) "Board" means the state physical therapy board created in section 12-285-105.

(4) "Physical therapist" means a person who is licensed to practice physical therapy. The term "physiotherapist" is synonymous with the term "physical therapist".

(5) "Physical therapist assistant" means a person who is required to be certified under part 2 of this article 285 and who assists a physical therapist in selected components of physical therapy.

(6) (a) (I) "Physical therapy" means the examination, physical therapy diagnosis, treatment, or instruction of patients and clients to detect, assess, prevent, correct, alleviate, or limit physical disability, movement dysfunction, bodily malfunction, or pain from injury, disease, and other bodily conditions.

(II) As used in this article 285, "physical therapy" includes:

(A) The administration, evaluation, and interpretation of tests and measurements of bodily functions and structures;

(B) The planning, administration, evaluation, and modification of treatment and instruction;

(C) The use of physical agents, measures, activities, and devices for preventive and therapeutic purposes, subject to the requirements of section 12-285-116;

(D) The administration of topical and aerosol medications consistent with the scope of physical therapy practice subject to the requirements of section 12-285-116;

(E) The provision of consultative, educational, and other advisory services for the purpose of reducing the incidence and severity of physical disability, movement dysfunction, bodily malfunction, and pain;

(F) General wound care and wound debridement, including the assessment and management of skin lesions, surgical incisions, open wounds, and areas of potential skin breakdown in order to maintain or restore the integumentary system. Wound debridement includes sharp debridement and nonsharp debridement, such as mechanical, autolytic, enzymatic, and maggot.

(G) The authorization to directly recommend and prescribe durable medical equipment to patients without requesting a prescription from a licensed physician; and

(H) Ongoing review, integration, and understanding of a patient's or client's prescription and nonprescription medication regimen, with consideration of its impact on health, function, movement, and disability.

(b) As used in subsection (6)(a)(II) of this section:

(I) "Physical agents" includes, but is not limited to, heat, cold, water, air, sound, light, compression, electricity, and electromagnetic energy.

(II) (A) "Physical measures, activities, and devices" includes resistive, active, and passive exercise, with or without devices; joint mobilization; mechanical stimulation; biofeedback; dry needling; postural drainage; traction; positioning; massage; splinting; training in locomotion; other functional activities, with or without assistive devices; and correction of posture, body mechanics, and gait.

(B) "Biofeedback", as used in this subsection (6)(b)(II), means the use of monitoring instruments by a physical therapist to detect and amplify internal physiological processes for the purpose of neuromuscular rehabilitation.

(III) "Tests and measurements" means standard methods and techniques used to obtain data about the patient or client, including diagnostic imaging and electrodiagnostic and electrophysiological tests and measures.

(7) "Physical therapy compact commission" means the national administrative body whose membership consists of all states that have enacted the "Interstate Physical Therapy Licensure Compact Act", and as enacted in this state in part 37 of article 60 of title 24.
C.R.S. § 12-130-109 — CO Code / Title 12 / Article 130 / Section 12-130-109
12-130-109. Licensure - application - qualifications - rules
Status: repealed

12-130-109. Licensure - application - qualifications - rules. (1) Application. (a) An application for licensure shall include evidence of the education and practical experience required by this section and the rules of the board.

(b) A person applying for licensure under this article 130 shall disclose whether he or she has been denied licensure or disciplined as a landscape architect or practiced landscape architecture in violation of this article 130. If an applicant has violated this article 130, the board may deny an application for licensure. When determining whether a person has violated this article 130, section 24-5-101 shall govern the board's actions.

(c) Applicants may seek licensure in one of the following manners:

(I) Licensure by examination as described in subsection (3) of this section;

(II) Licensure by endorsement pursuant to the occupational credential portability program; or

(III) Licensure by prior practice as described in subsection (5) of this section.

(2) Education and experience. The board shall set minimum educational and experience requirements for licensure by examination, subject to the following guidelines:

(a) The board may require either:

(I) (A) Practical experience for a specified period, not to exceed three years, or education or experience determined by the board to be substantially equivalent; and

(B) A professional degree from a program accredited by the Landscape Architectural Accreditation Board, or any successor organization, or education or experience determined by the board to be substantially equivalent; or

(II) Practical experience for a specified period, not to exceed ten years, under the direct supervision of a licensed landscape architect or a landscape architect with an equivalent level of competence as defined by rules of the board; or

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

(b) One year of the experience required by this subsection (2) may be practical field experience in construction techniques, teaching, or research in a program accredited by the Landscape Architectural Accreditation Board or an equivalent successor organization.

(c) Subject to review and approval by the board pursuant to rules, a graduate of an unaccredited program of landscape architecture or a related field shall be eligible to substitute education for the practical experience required by the board pursuant to this subsection (2).

(d) (I) Prior to licensure, an applicant by examination shall pass an examination developed or adopted by the board that measures the minimum level of competence necessary to be a licensed landscape architect. The board shall designate and notify applicants of the time and location for examinations. The board may engage a private contractor to administer the examinations.

(II) The board may adopt the examinations, recommended grading procedures, and educational and practical experience requirements and equivalents of the Council of Landscape Architectural Registration Boards or a successor organization if the examinations, procedures, and requirements and equivalents do not conflict with the requirements of this article 130.

(3) Licensure by examination. (a) Before being licensed pursuant to this subsection (3), an applicant for licensure by examination shall pass an examination developed or adopted by the board to measure the minimum level of competence.

(b) The board shall designate a time and location for examinations and shall notify applicants of this time and location in a timely manner. The board may contract for assistance in administering the examinations.

(c) The board may adopt the examinations, recommended grading procedures, and educational and practical experience requirements of the Council of Landscape Architectural Registration Boards or any substantially equivalent successor organization if the examinations, procedures, and requirements do not conflict with the requirements of this article 130.

(4) Repealed.

(5) Licensure by prior practice. (a) The board shall adopt rules authorizing the issuance of a license to qualified candidates who practiced landscape architecture before January 1, 2008.

(b) The following evidence, as verified by the board, shall be acceptable as proof that a candidate is qualified for licensure by prior practice:

(I) (A) A diploma or certificate of graduation from a landscape architecture degree program accredited by the Landscape Architectural Accreditation Board or its successor organization; and

(B) Evidence of at least six years of practical experience in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture; or

(II) Evidence that the applicant has at least ten years of practical experience in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture.

(c) All experience required to qualify for licensure by prior practice shall be obtained before January 1, 2008; except that one year of required experience for licensure by prior practice may accrue after January 1, 2008.

(d) The board may develop or adopt a supplementary examination to measure the minimum competence of applicants for licensure by prior practice. The supplementary examination shall be administered at the discretion of the board when an applicant for licensure by prior practice has otherwise failed to sufficiently demonstrate minimum competence.

(6) Issuance of license. Upon application and satisfaction of the requirements of this section, the board shall issue a license to practice landscape architecture. The board is not required to issue a license if the applicant is subject to discipline pursuant to this article 130.

(7) Lapse of application. If an applicant fails to meet the licensing requirements within three years after filing an application, the application shall be void. The board may authorize an applicant for licensure by examination to reattempt the examination without limitation and may exempt an applicant from this subsection (7) so long as the applicant reattempts the examination within thirty-one months after the last examination.

(8) Renewal and reinstatement. All licenses issued pursuant to this article 130 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to penalties provided in this article 130 or in section 12-20-202 (1).
C.R.S. § 12-120-203 — CO Code / Title 12 / Article 120 / Part 2 / Section 12-120-203
12-120-203. Exemptions
Status: in_force

12-120-203. Exemptions. (1) Nothing in this part 2 requires licensure as a professional engineer for the following:

(a) Individuals who normally operate and maintain machinery or equipment;

(b) Individuals who perform engineering services for themselves;

(c) Partnerships, professional associations, joint stock companies, limited liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates;

(d) Individuals who perform engineering services under the responsible charge of a professional engineer;

(e) Work of a strictly agricultural nature that is not required to be of public record;

(f) Professional land surveying as defined in section 12-120-302 (5);

(g) Individuals who are employed by and perform engineering services solely for a county, city and county, or municipality;

(h) Individuals who are employed by and perform engineering services solely for the federal government;

(i) Individuals who practice architecture as defined in section 12-120-402 (5);

(j) Utilities or their employees or contractors when performing services for another utility during times of natural disasters or emergency situations; or

(k) Individuals who practice landscape architecture as defined in section 12-130-104 (6).
C.R.S. § 12-235-104 — CO Code / Title 12 / Article 235 / Section 12-235-104
12-235-104. Definitions
Status: in_force

12-235-104. Definitions. As used in this article 235, unless the context otherwise requires:

(1) "Advertise" means to publish, display, or disseminate information and includes, but is not limited to, the issuance of any card, sign, or direct mail, or causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, or directory, or any announcement or display via any televised, computerized, electronic, or telephonic networks or media.

(2) "Approved massage school" means:

(a) A massage therapy educational school that has a valid certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23;

(b) A massage therapy educational program certified by the Colorado community college system;

(c) A massage therapy educational entity or program that is accredited by a nationally recognized accrediting agency; or

(d) A massage therapy program at a school located outside Colorado that is approved by the director based on standards adopted by the director by rule.

(3) "Compensation" means something of value or benefit, whether in cash, in kind, or in any other form.

(4) "Massage" or "massage therapy" means a system of structured touch, palpation, or movement of the soft tissue of another person's body in order to enhance or restore the general health and well-being of the recipient. The system includes, but is not limited to, techniques such as effleurage, commonly called stroking or gliding; petrissage, commonly called kneading; tapotement or percussion; friction; vibration; compression; passive and active stretching within the normal anatomical range of movement; hydromassage; and thermal massage. The techniques may be applied with or without the aid of lubricants, salt or herbal preparations, water, heat, or a massage device that mimics or enhances the actions possible by human hands.

(5) "Massage therapist" means an individual licensed by this state to engage in the practice of massage therapy. The terms "masseuse" and "masseur" are synonymous with the term "massage therapist".

(6) "Person" means a natural person only.
C.R.S. § 12-270-107 — CO Code / Title 12 / Article 270 / Section 12-270-107
12-270-107. Licensure of occupational therapists - qualifications - application - rules
Status: in_force

12-270-107. Licensure of occupational therapists - qualifications - application - rules. (1) Educational and experiential requirements. Every applicant for licensure as an occupational therapist must have:

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

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

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

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

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

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

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

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

(6) License renewal. Licenses issued pursuant to this section are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license expires is subject to the penalties provided in this article 270 and section 12-20-202 (1).
C.R.S. § 12-240-102 — CO Code / Title 12 / Article 240 / Section 12-240-102
12-240-102. Legislative declaration
Status: in_force

12-240-102. Legislative declaration. The general assembly declares it to be in the interests of public health, safety, and welfare to enact laws regulating and controlling the practice of the healing arts to the end that the people shall be properly protected against unauthorized, unqualified, and improper practice of the healing arts in this state, and this article 240 shall be construed in conformity with this declaration of purpose.
C.R.S. § 12-140-104 — CO Code / Title 12 / Article 140 / Section 12-140-104
12-140-104. Records and receipts
Status: in_force

12-140-104. Records and receipts. (1) A nontransplant tissue bank shall furnish to a person who delivers human remains to the nontransplant tissue bank a receipt, which must be signed by both the nontransplant tissue bank and the person who delivers the human remains. The nontransplant tissue bank shall retain a copy of the receipt in its records in accordance with subsection (2) of this section. The receipt must include the following:

(a) The date and time of the delivery;

(b) The name of the person who delivered the human remains;

(c) The name of the decedent;

(d) The name of any businesses with which the person delivering the human remains is affiliated; and

(e) The name of the person who received the human remains on behalf of the nontransplant tissue bank.

(2) A nontransplant tissue bank shall maintain for at least three years at its registered location the following records:

(a) The donor's full name and address;

(b) The date of donation;

(c) Documentation of the decedent's informed consent or the consent of the person authorized by law to consent on behalf of the donor to the donation;

(d) A description of the human remains to be donated for scientific or educational purposes;

(e) Decedent medical history, including any of the following if used by the nontransplant tissue bank: Autopsy reports, donation questionnaires, and other donor or decedent solicitation materials; and

(f) Tracking documentation of the transport of and delivery of human remains.

(3) A nontransplant tissue bank shall keep complete and accurate records and make the records open for inspection by the director.

(4) A nontransplant tissue bank and its designee each shall maintain the records and receipts required by this section. If a nontransplant tissue bank withdraws or does not renew its registration, the nontransplant tissue bank and its designee shall maintain the records and receipts required by this section for a period of three years after the end of registration.
C.R.S. § 12-240-142 — CO Code / Title 12 / Article 240 / Section 12-240-142
12-240-142. Protection of medical records - licensee's obligations - verification of complia
Status: in_force

12-240-142. Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules. (1) Each licensed physician and physician assistant shall develop a written plan to ensure the security of patient medical records. The plan shall address at least the following:

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

(b) The disposition of patient medical records in the event the licensee dies, retires, or otherwise ceases to practice or provide medical care to patients; and

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

(2) Upon initial licensure under this article 240 and upon renewal of a license, the applicant or licensee, as applicable, shall attest to the board that he or she has developed a plan in compliance with this section.

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

(4) A licensee who fails to comply with this section shall be subject to discipline in accordance with section 12-240-125.

(5) The board may adopt rules as necessary to implement this section.
C.R.S. § 12-270-119.5 — CO Code / Title 12 / Article 270 / Section 12-270-119.5
12-270-119.5. Interstate compact - powers and duties of the director - rules - definitions
Status: in_force

12-270-119.5. 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 24-60-4101.

(b) "Commission" means the occupational therapy compact commission established in section 24-60-4101.

(c) "Compact" means the occupational therapy licensure interstate compact authorized in part 41 of article 60 of title 24.

(d) "Data system" has the meaning established in section 24-60-4101.

(e) "Telehealth" has the meaning established in section 24-60-4101 with regard to delivering occupational therapy 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 occupational therapist or occupational therapy assistant;

(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.