C.R.S. § 12-155-123 — CO Code / Title 12 / Article 155 / Section 12-155-123
12-155-123. Violation - fines - rules
Status: in_force

12-155-123. Violation - fines - rules. (1) (a) If the board concludes that a licensee, registrant, or applicant for licensure has violated section 12-155-113 and that disciplinary action is appropriate, the program director or the program director's designee may issue a citation in accordance with subsection (3) of this section to the licensee, registrant, or applicant.

(b) (I) The licensee, registrant, or applicant to whom a citation has been issued may make a request to negotiate a stipulated settlement agreement with the program director or the program director's designee, if the request is made in writing within ten working days after issuance of the citation that is the subject of the settlement agreement.

(II) All stipulated settlement agreements shall be conducted pursuant to rules adopted by the board pursuant to section 12-155-105 (1)(e). The board shall adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to settle with the program director to request an administrative hearing pursuant to subsection (1)(c) of this section.

(c) (I) The licensee, registrant, or applicant to whom a citation has been issued may request an administrative hearing to determine the propriety of the citation if the request is made in writing within ten working days after issuance of the citation that is the subject of the hearing or within a reasonable period after negotiations for a stipulated settlement agreement pursuant to subsection (1)(b) of this section have been deemed futile by the program director.

(II) For good cause the board may extend the period of time in which a person who has been cited may request a hearing.

(III) All hearings conducted pursuant to subsection (1)(c)(I) of this section shall be conducted in compliance with section 24-4-105.

(d) Any action taken by the board pursuant to this section shall be deemed final after the period of time extended to the licensee, registrant, or applicant to contest the action pursuant to this subsection (1) has expired.

(2) (a) The board shall adopt a schedule of fines pursuant to subsection (2)(b) of this section as penalties for violating section 12-155-113. The fines shall be assessed in conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or following an administrative hearing. Such schedule shall be adopted by rule in accordance with section 12-155-105 (1)(e).

(b) In developing the schedule of fines, the board shall:

(I) Provide that a first offense may carry a fine of up to one thousand dollars;

(II) Provide that a second offense may carry a fine of up to two thousand dollars;

(III) Provide that any subsequent offense may carry a fine of up to two thousand dollars for each day that any provision of section 12-155-113 is violated;

(IV) Consider how the violation impacts the public, including any health and safety considerations;

(V) Consider whether to provide for a range of fines for any particular violation or type of violation; and

(VI) Provide uniformity in the fine schedule.

(3) (a) (I) Any citation issued pursuant to this section shall be in writing, shall adequately describe the nature of the violation, and shall reference the statutory or regulatory provision or order alleged to have been violated.

(II) Any citation issued pursuant to this section shall clearly state whether a fine is imposed, the amount of the fine, and that payment for the fine must be remitted within the time specified in the citation if the citation is not contested pursuant to subsection (1) of this section.

(III) Any citation issued pursuant to this section shall clearly set forth how the citation may be contested pursuant to subsection (1) of this section, including any time limitations.

(b) A citation or copy of a citation issued pursuant to this section may be served by certified mail or in person by the program director or the program director's designee upon a person or the person's agent in accordance with rule 4 of the Colorado rules of civil procedure.

(c) If the recipient fails to give written notice to the board that the recipient intends to contest the citation or to negotiate a stipulated settlement agreement within ten working days after service of a citation by the board, the citation shall be deemed a final order of the board.

(d) The board may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d) if the licensee or registrant fails to comply with the requirements set forth in a citation deemed final pursuant to subsection (3)(c) of this section.

(e) The failure of an applicant for licensure to comply with a citation deemed final pursuant to subsection (3)(c) of this section is grounds for denial of a license.

(f) No citation may be issued under this section unless the citation is issued within the six-month period following the occurrence of the violation.

(4) (a) Any fine collected pursuant to this section shall be transmitted to the state treasurer, who shall credit one-half of the amount of the fine to the general fund, and one-half of the amount of the fine shall be shared with the appropriate city, town, county, or city and county, which amounts shall be transmitted to the entity on an annual basis.

(b) Any fine assessed in a citation or an administrative hearing or any amount due pursuant to a stipulated settlement agreement that is not paid may be collected by the program director through a collection agency or in an action in the district court of the county in which the person against whom the fine is imposed resides or in the county in which the office of the program director is located.

(c) The attorney general shall provide legal assistance and advice to the program director in any action to collect an unpaid fine.

(d) In any action brought to enforce this subsection (4), reasonable attorney fees and costs shall be awarded.
C.R.S. § 12-20-401 — CO Code / Title 12 / Article 20 / Part 4 / Section 12-20-401
12-20-401. Procedures for complaints concerning licensees, certificate holders, and registr
Status: in_force

12-20-401. Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules. (1) The executive director is responsible for receiving and monitoring the disposition of complaints. The executive director may require an investigation of a complaint concerning a person regulated by a regulator in accordance with this section.

(2) A regulator shall refer all complaints relating to persons licensed, certified, or registered by the regulator to the executive director.

(3) For the purpose of facilitating the handling of complaints, the executive director shall devise simple, standard complaint forms designed to supply the information necessary to properly conduct an investigation of complaints. The complainant shall reduce each complaint to writing before any formal action begins on the complaint. The receipt of the forms shall be acknowledged on behalf of the executive director. The complainant shall be advised in writing of the final disposition of the complaint.

(4) (a) The executive director may:

(I) Assign a complaint to the appropriate regulator;

(II) Assign a complaint specially for investigation; or

(III) Take such other action on the complaint as appears to the executive director to be warranted in the circumstances.

(b) Assignments of investigations of complaints to others is subject to specified time limits set by the executive director for completion of investigations.

(5) Nothing in this section supersedes sections 24-4-104 to 24-4-106 or the statutory power to issue, suspend, revoke, or renew licenses, certifications, and registrations.

(6) The executive director may promulgate rules, pursuant to section 24-4-103 and not inconsistent with the requirements of this article 20, to assist in the efficient performance of the duties imposed by this section. The executive director may also render advice to the general assembly, as well as to the general public, upon the question of the proper role of the state in regulating professions and occupations.

(7) Information about a substantiated finding of mistreatment of an at-risk adult or the appeal of a finding that the department of human services shares with the department or a regulator for the purposes of a regulatory investigation conducted pursuant to this section is confidential and must be de-identified to protect the privacy of the at-risk adult.
C.R.S. § 12-305-116 — CO Code / Title 12 / Article 305 / Section 12-305-116
12-305-116. Mental and physical examination of certificate holders
Status: in_force

12-305-116. Mental and physical examination of certificate holders. (1) If the director has reasonable cause to believe that a certificate holder is unable to practice with reasonable skill and safety, the director may order the certificate holder to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Except where due to circumstances beyond the certificate holder's control, if the certificate holder fails or refuses to undergo a mental or physical examination, the director may suspend the certificate holder's certification until the director has made a determination of the certificate holder's fitness to practice. The director shall proceed with an order for examination and shall make the determination in a timely manner.

(2) The director shall include in an order requiring a certificate holder to undergo a mental or physical examination the basis of the director's reasonable cause to believe that the certificate holder is unable to practice with reasonable skill and safety. For purposes of a disciplinary proceeding authorized under this article 305, the certificate holder is deemed to have waived all objections to the admissibility of the examining physician's or licensed health-care professional's testimony or examination reports on the grounds that they are privileged communication.

(3) The certificate holder may submit to the director testimony or examination reports from a physician chosen by the certificate holder and pertaining to any condition that the director has alleged may preclude the certificate holder from practicing with reasonable skill and safety. The director may consider the testimony and reports submitted by the certificate holder in conjunction with, but not in lieu of, the testimony and examination reports of the physician 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, are not a public record, and are not available to the public.
C.R.S. § 12-310-108 — CO Code / Title 12 / Article 310 / Section 12-310-108
12-310-108. Mental and physical examination
Status: in_force

12-310-108. Mental and physical examination. (1) If the director has reasonable cause to believe that a registrant is unable to perform the duties of a surgical assistant or surgical technologist, as appropriate, with reasonable skill and safety, the director may order the registrant to undergo a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Unless due to circumstances beyond the registrant's control, if the registrant refuses to undergo a mental or physical examination, the director may suspend the registrant's registration until the results of the examination are known and the director has made a determination of the registrant's fitness to perform the duties of a surgical assistant or surgical technologist. The director shall proceed with an order for examination and shall make his or her determination in a timely manner.

(2) An order requiring a registrant to undergo a mental or physical examination shall contain the basis of the director's reasonable cause to believe that the registrant is unable to work with reasonable skill and safety. For purposes of a disciplinary proceeding authorized under this article 310, the registrant shall be deemed to have waived all objections to the admissibility of the examining physician's or other licensed health-care professional's testimony or examination reports on the ground that they are privileged communications.

(3) The registrant may submit to the director testimony or examination reports from a physician or other licensed health-care professional chosen by the registrant and pertaining to any condition that the director has alleged may preclude the registrant from working with reasonable skill and safety. The testimony and reports submitted by the registrant may be considered by the director in conjunction with, but not in lieu of, testimony and examination reports from 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 a public record or made available to the public.
C.R.S. § 12-155-119 — CO Code / Title 12 / Article 155 / Section 12-155-119
12-155-119. Plumbing inspectors - qualifications - enforcement of licensing and apprentice-s
Status: in_force

12-155-119. Plumbing inspectors - qualifications - enforcement of licensing and apprentice-supervision-ratio requirements - rules - legislative declaration - definitions. (1) (a) [Editor's note: This version of subsection (1)(a) is effective until July 1, 2025.] The director is authorized to appoint or employ competent persons licensed under this article 155 as journeyman or master plumbers as state plumbing inspectors.

(1) (a) [Editor's note: This version of subsection (1)(a) is effective July 1, 2025.] The director is authorized to appoint or employ competent persons licensed under this article 155 as journeyworker or master plumbers as state plumbing inspectors.

(b) For purposes of conducting compliance checks specified in subsection (5) of this section, the director shall appoint or employ two individuals to conduct the compliance checks. The director may appoint or employ individuals who are licensed under this article 155 or may appoint or employ individuals who are not licensed under this article 155 but who demonstrate substantial prior work experience in the plumbing or construction industry. Individuals appointed or employed pursuant to this subsection (1)(b) shall limit their activities to conducting compliance checks of matters specified in said subsection (5).

(2) State plumbing inspectors and individuals conducting compliance checks pursuant to subsection (5) of this section may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant. State plumbing inspectors and individuals conducting compliance checks pursuant to subsection (5) of this section have the right of ingress and egress to and from all public and private premises during reasonable working hours where this article 155 applies for the purpose of making plumbing inspections, conducting compliance checks pursuant to subsection (5) of this section, or otherwise determining compliance with this article 155.

(3) (a) Beginning July 1, 2014, persons licensed under this article 155 or who are certified as residential plumbing inspectors by a nationally recognized model code organization are authorized to inspect residential plumbing. Any newly hired inspectors not licensed under this article 155 or certified by a nationally recognized model code organization have one year from the date of hire to acquire the necessary license or certification or meet the hiring requirements of the hiring authority, whichever is more stringent.

(b) Beginning July 1, 2014, persons licensed under this article 155 or who are certified as commercial plumbing inspectors by a nationally recognized model code organization are authorized to inspect commercial plumbing. Any newly hired inspectors not licensed under this article 155 or certified by a nationally recognized model code organization have one year from the date of hire to acquire the necessary license or certification or meet the hiring requirements of the hiring authority, whichever is more stringent.

(4) (a) [Editor's note: This version of subsection (4)(a) is effective until July 1, 2025.] Plumbing inspectors performing inspections who are employed by a qualified state institution of higher education shall be certified as commercial plumbing inspectors by a nationally recognized model code organization and possess a valid journeyman or master plumber license issued by the state. In addition, the plumbing inspectors shall possess the same qualifications required of state plumbing inspectors under this article 155, shall be registered with the board prior to the assumption of their duties, shall not inspect any plumbing work in which the inspector has any financial or other personal interest, and shall not be engaged in the plumbing business by contracting, supplying material, or performing plumbing work as defined in this article 155. In addition, a plumbing inspector inspecting a medical gas installation shall hold the national inspection certification ASSE 6020 or recognized equivalent.

(4) (a) [Editor's note: This version of subsection (4)(a) is effective July 1, 2025.] Plumbing inspectors performing inspections who are employed by a qualified state institution of higher education shall be certified as commercial plumbing inspectors by a nationally recognized model code organization and possess a valid journeyworker or master plumber license issued by the state. In addition, the plumbing inspectors shall possess the same qualifications required of state plumbing inspectors under this article 155, shall be registered with the board prior to the assumption of their duties, shall not inspect any plumbing work in which the inspector has any financial or other personal interest, and shall not be engaged in the plumbing business by contracting, supplying material, or performing plumbing work as described in this article 155. In addition, a plumbing inspector inspecting a medical gas installation shall hold the national inspection certification ASSE 6020 or recognized equivalent.

(b) As part of their duties, plumbing inspectors performing inspections who are employed by a qualified state institution of higher education have the authority to verify the plumbing licenses or apprenticeship registration cards issued by the state for those people performing the plumbing work on a project and to verify compliance with section 12-155-124 (1).

(5) (a) Consistent with section 12-155-101 and the state's duty to safeguard the public health by ensuring that individuals who plan, install, alter, extend, repair, or maintain plumbing systems have the skills necessary to perform those tasks, the general assembly finds and determines that board enforcement of the licensing requirements in this article 155 and the limits on the number of plumbing apprentices a licensed plumber is permitted to supervise specified in section 12-155-124 (1) is a matter of statewide concern and is essential to protect public health.

(b) The board shall direct individuals appointed or employed pursuant to subsection (1)(b) of this section to:

(I) Conduct compliance checks to ensure compliance with the licensing and supervisor-to-apprentice ratio requirements specified in this article 155 on projects throughout the state where plumbing systems are being planned, installed, altered, extended, repaired, or maintained, regardless of whether the permit for the plumbing work was issued by the board, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education; and

(II) Prioritize for compliance checks projects that provide or will provide critical services to residents of the state.

(c) [Editor's note: This version of subsection (5)(c) is effective until July 1, 2025.] To ensure compliance with the licensing and supervisor-to-apprentice ratio requirements pursuant to subsection (5)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(b) of this section shall conduct compliance checks at projects throughout the state where plumbing is being performed to ensure that:

(I) The individual performing the plumbing work is licensed as a master, journeyman, or residential plumber or is a registered plumbing apprentice being supervised by a licensed master, journeyman, or residential plumber; and

(II) A master, journeyman, or residential plumber is complying with the limit on the number of plumbing apprentices the plumber may supervise per job site specified in section 12-155-124 (1).

(c) [Editor's note: This version of subsection (5)(c) is effective July 1, 2025.] To ensure compliance with the licensing and supervisor-to-apprentice ratio requirements pursuant to subsection (5)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(b) of this section shall conduct compliance checks at projects throughout the state where plumbing is being performed to ensure that:

(I) The individual performing the plumbing work is licensed as a master, journeyworker, or residential plumber or is a registered plumbing apprentice being supervised by a licensed master, journeyworker, or residential plumber; and

(II) A master, journeyworker, or residential plumber is complying with the limit on the number of plumbing apprentices the plumber may supervise per job site specified in section 12-155-124 (1).

(d) Nothing in this subsection (5) affects the ability of a local government to permit or inspect plumbing or gas piping installations in any new construction or remodeling or repair located within the boundaries of the local government.

(e) As used in this subsection (5):

(I) "Local government" means an incorporated town or city, a county, or a city and county.

(II) "Project that provides or will provide critical services" means a project involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including:

(A) A public building;

(B) A public school or institution of higher education;

(C) An airport;

(D) A train station or public transit station;

(E) A hospital, nursing facility, assisted living residence, or other health-care facility licensed or certified by the department of public health and environment under title 25;

(F) A renewable energy installation or a project of a utility regulated by the public utilities commission pursuant to title 40; and

(G) Any other commercial or multifamily residential public project specified by the board by rule.
C.R.S. § 12-280-103 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-103
12-280-103. Definitions - rules
Status: repealed

12-280-103. Definitions - rules. As used in this article 280, unless the context otherwise requires or the term is otherwise defined in another part of this article 280:

(1) "Administer" means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any other method.

(2) "Advertise" means to publish or display information about prescription prices or drugs in any medium.

(2.5) "Animal shelter" has the meaning set forth in section 35-80-102.

(3) "Approved treatment facility" means an approved private or public treatment facility, as described in section 27-81-102 (2) and (3), that adheres to the standards set forth in section 27-81-106.

(4) "Behavioral health entity" means a behavioral health entity, as defined in section 25-27.6-102 (6), licensed pursuant to article 27.6 of title 25.

(5) "Biological product" has the same meaning as set forth in 42 U.S.C. sec. 262 (i)(1).

(6) "Board" means the state board of pharmacy created in section 12-280-104.

(7) "Bureau" means the federal drug enforcement administration, or its successor agency.

(8) "Casual sale" means a transfer, delivery, or distribution to a corporation, individual, or other entity, other than a consumer, entitled to possess prescription drugs; except that the amount of drugs transferred, delivered, or distributed in this manner by any registered prescription drug outlet or any registered other outlet shall not exceed ten percent of the total number of dosage units of drugs dispensed and distributed or originally procured in any registered other outlet on an annual basis by the outlet.

(8.5) "Certification" means a certification to practice as a pharmacy technician issued by the board in accordance with section 12-280-115.5 (2) and includes a provisional certification issued in accordance with section 12-280-115.5 (3).

(8.7) "Certifying organization" means a board-approved, nationally recognized organization that certifies pharmacy technicians.

(9) Repealed.

(9.5) "Chronic maintenance drug" means a drug that:

(a) Is not an opioid or is not a controlled substance that is prohibited from being dispensed without a prescription under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., as amended; and

(b) Is prescribed to a patient to take on a recurring basis or is used as a life-saving rescue drug for a chronic condition.

(9.7) "Community mental health clinic" has the same meaning as set forth in section 25-27.6-102 (9).

(10) (a) "Compounding" means the preparation, mixing, assembling, packaging, or labeling of a drug or device:

(I) As the result of a practitioner's prescription drug order, chart order, or initiative, based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; or

(II) For the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing.

(b) "Compounding" also includes the preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns.

(11) "Controlled substance" shall have the same meaning as in section 18-18-102 (5).

(12) "Delivery" means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for consideration.

(13) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, or similar or related article that is required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician." "Device" also includes any component part of, or accessory or attachment to, any such article, whether or not the component part, accessory, or attachment is separately so labeled.

(14) "Dispense" means to interpret, evaluate, and implement a prescription drug order or chart order, including the preparation of a drug or device for a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to or use by a patient.

(15) "Distribution" means the transfer of a drug or device other than by administering or dispensing.

(15.5) "DQSA" means the federal "Drug Quality and Security Act", Pub.L. 113-54, as amended.

(16) (a) "Drug" means:

(I) Substances recognized as drugs in the official compendia;

(II) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in individuals or animals;

(III) Substances, other than food, intended to affect the structure or any function of the body of individuals or animals; and

(IV) Substances intended for use as a component of any substance specified in subsection (16)(a)(I), (16)(a)(II), or (16)(a)(III) of this section.

(b) "Drug" does not include devices or their components, parts, or accessories.

(17) "FDA" means the federal food and drug administration.

(18) "Generic drug type" means the chemical or generic name, as determined by the United States Adopted Names (USAN) Council and accepted by the FDA, of those drug products having exactly the same active chemical ingredients in exactly the same strength and quantity.

(19) "Hospital" means a general hospital or specialty hospital having a license or certificate of compliance issued by the department of public health and environment.

(20) "Hospital satellite pharmacy" means a satellite that registers pursuant to section 12-280-119 (10) for the purpose of administration of drugs to patients while being treated in the facility.

(21) "Interchangeable", in reference to a biological product, means:

(a) "Interchangeable" or "interchangeability", as determined by the FDA pursuant to 42 U.S.C. sec. 262 (k)(4); or

(b) That the FDA has deemed the biological product therapeutically equivalent to another biological product, as set forth in the latest edition or supplement of the FDA Approved Drug Products with Therapeutic Equivalence Evaluations, also referred to as the "Orange Book".

(22) "Intern" means a person who is:

(a) (I) Enrolled in a professional degree program of a school or college of pharmacy that has been approved by the board;

(II) Currently licensed by the board to engage in the practice of pharmacy; and

(III) Satisfactorily progressing toward meeting the requirements for licensure as a pharmacist;

(b) A graduate of an approved professional degree program of a school or college of pharmacy or a graduate who has established education equivalency by obtaining a board-approved foreign pharmacy graduate certification and who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or

(c) A qualified applicant awaiting examination for licensure as a pharmacist or meeting board requirements for licensure.

(22.5) "Inventory function" means any nondispensing-related activity that is related to the management of inventory and that may be performed by nonlicensed personnel under the supervision of a licensed pharmacist.

(23) "Labeling" means the process of preparing and affixing a label to any drug container, exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law or regulation.

(24) "Location" means the physical confines of an individual building or at the same address.

(25) "Long-term care facility" means a nursing facility, as defined in section 25.5-4-103 (14), that is licensed pursuant to section 25-1.5-103.

(26) "Manufacture" means to cultivate, grow, or prepare by other process drugs for sale to wholesalers or other persons entitled to purchase drugs other than the ultimate user, but "manufacture" does not include the compounding and dispensing of a prescription drug pursuant to a prescription order.

(27) "Manufacturer" or "manufacturing drug outlet" means a person who manufactures drugs and includes a resident 503B outsourcing facility.

(27.5) "Medications for opioid use disorder" or "MOUD" means treatment for an opioid use disorder using medications approved by the FDA for that purpose and prescribed, dispensed, or administered in accordance with national, evidence-based published guidance.

(28) "Nonprescription drug" means a drug that may be sold without a prescription and that is labeled for use by the consumer in accordance with the requirements of the law and rules of this state and the federal government.

(28.5) "Nonresident 503B outsourcing facility" means a facility that is registered by the FDA, that is located outside the state, and that distributes compounded drugs into the state without a prescription order.

(29) "Nuclear pharmacy" means a specialized pharmacy that deals with the preparation and delivery of radioactive material as defined in section 25-11-101.

(30) "Official compendia" means the official United States pharmacopeia, national formulary, homeopathic pharmacopoeia of the United States, or any supplements thereto.

(31) "Order" means:

(a) A prescription order that is any order, other than a chart order, authorizing the dispensing of a single drug or device that is written, mechanically produced, computer generated and signed by the practitioner, transmitted electronically or by facsimile, or produced by other means of communication by a practitioner to a licensed pharmacy or pharmacist and that includes the name or identification of the patient, the date, the symptom or purpose for which the drug is being prescribed, if included by the practitioner at the patient's authorization, and sufficient information for compounding, dispensing, and labeling; or

(b) A chart order, which is an order for inpatient drugs or medications that are to be dispensed by a pharmacist, or by a pharmacy intern under the direct supervision of a pharmacist, and administered by an authorized person only during the patient's stay in a hospital, medical clinic operated by a hospital, ambulatory surgical center, hospice, or long-term care facility. The chart order shall contain the name of the patient and the medicine ordered and the directions the practitioner may prescribe concerning strength, dosage, frequency, and route of administration.

(32) "Other outlet" means:

(a) A hospital that does not operate a registered pharmacy, a rural health clinic, a federally qualified health center, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4), a family planning clinic, an acute treatment unit licensed by the department of public health and environment, a school, a jail, a county or district public health agency, a community health clinic, a community mental health clinic, a behavioral health entity, an approved treatment facility, a university, or a college that:

(I) Has facilities in this state registered pursuant to this article 280; and

(II) Engages in the compounding, dispensing, and delivery of drugs or devices; or

(b) An ambulatory surgical center, a hospice, or a convalescent center, each of which is licensed pursuant to part 1 of article 3 of title 25, or a medical clinic operated by a hospital, each of which:

(I) Has facilities in this state registered pursuant to this article 280; and

(II) Engages in the compounding, dispensing, and delivery of drugs or devices for administration to patients while being treated in the facility.

(c) Repealed.

(33) "Patient counseling" means the oral communication by a pharmacist or intern of information to the patient or caregiver in order to improve therapy by ensuring proper use of drugs and devices.

(34) Repealed.

(35) "Pharmacist" means an individual licensed by this state to engage in the practice of pharmacy.

(35.5) "Pharmacist care services" means patient care activities provided by a pharmacist, with or without dispensing a drug, that are intended to achieve outcomes related to curing or preventing disease, eliminating or reducing a patient's symptoms, or arresting or slowing the process of a disease. "Pharmacist care services" includes efforts to prevent, detect, and resolve medication-related problems.

(36) "Pharmacist manager" means an individual, licensed in this state as a pharmacist, who has direct control of the pharmaceutical affairs of a prescription drug outlet and who, except as provided in section 12-280-118 (1)(a), is not the manager of any other prescription drug outlet.

(37) Repealed.

(38) "Pharmacy technician" or "certificant" means a person who is certified by the board to practice as a pharmacy technician and includes a person issued a provisional certification pursuant to section 12-280-115.5 (3).

(38.5) (a) "Practice as a pharmacy technician" means engaging in any of the following activities involved in the practice of pharmacy, under the supervision and delegation of a supervising pharmacist:

(I) Receiving and initially inputting new written, facsimile, or electronic orders;

(II) Preparing, mixing, assembling, packaging, labeling, or delivering a drug or device;

(III) Properly and safely storing drugs or devices;

(IV) Maintaining proper records for drugs and devices;

(V) Transferring prescriptions;

(VI) Gathering, documenting, and maintaining proper clinical and nonclinical information from patients;

(VII) Replenishing automated dispensing devices without the need for pharmacist verification as long as the pharmacy technician uses bar code technology that checks the accuracy of the medication or a second pharmacy technician performs the verification;

(VIII) Performing point-of-care testing and patient care technical tasks as specifically trained for and delegated by a supervising pharmacist;

(IX) Other activities as authorized and defined by the board by rule;

(X) Redispensing a prescription drug pursuant to section 12-280-141 (9)(b) and (9)(c); and

(XI) Requesting refill authorization from the prescriber or prescriber's agent and receiving clarifying prescription information from the prescriber or prescriber's agent.

(b) "Practice as a pharmacy technician" does not include activities or services described in subsection (38.5)(a) of this section that are performed by employees or personnel of a practitioner dispensing drugs to patients pursuant to section 12-280-120 (6) or of a registered other outlet, which practitioner or other outlet does not store, compound, dispense, or deliver controlled substances.

(39) "Practice of pharmacy" means:

(a) The interpretation, evaluation, implementation, and dispensing of orders; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug-related research; the provision of patient counseling; and the provision of those acts or services necessary to provide pharmacist care services in all areas of patient care;

(b) (I) The preparation, mixing, assembling, packaging, labeling, or delivery of a drug or device;

(II) Proper and safe storage of drugs or devices; and

(III) The maintenance of proper records for the drugs and devices;

(c) The provision of a therapeutic interchange selection or a therapeutically equivalent selection to a patient if, during the patient's stay at a nursing care facility or a long-term acute care hospital licensed under part 1 of article 3 of title 25, the selection has been approved for the patient:

(I) In accordance with written guidelines and procedures for making therapeutic interchange or therapeutically equivalent selections, as developed by a quality assessment and assurance committee that includes a pharmacist licensed under this article 280 and is formed by the nursing care facility or the long-term acute care hospital in accordance with 42 CFR 483.75; and

(II) By one of the following health-care providers:

(A) A physician licensed under article 240 of this title 12;

(B) A physician assistant licensed under section 12-240-113; or

(C) An advanced practice registered nurse prescriber licensed as a professional nurse under section 12-255-110, registered as an advanced practice registered nurse under section 12-255-111, and authorized to prescribe controlled substances or prescription drugs pursuant to section 12-255-112;

(d) The dispensing of chronic maintenance drugs pursuant to section 12-280-125.5 and board rules adopted in accordance with that section;

(e) Pursuant to a standing order or to a statewide drug therapy protocol developed pursuant to section 12-280-125.7, the prescribing and dispensing of post-exposure prophylaxis, as defined in section 12-280-125.7 (1)(d), for nonoccupational exposure to HIV infection and preexposure prophylaxis, as defined in section 12-280-125.7 (1)(e), and the ordering of lab tests in conjunction with prescribing or dispensing the drugs;

(f) Providing care to patients pursuant to a collaborative pharmacy practice agreement as defined in section 12-280-601;

(g) Exercising independent prescriptive authority:

(I) As authorized pursuant to section 25.5-5-322, only with regard to over-the-counter medications prescribed to recipients under the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5;

(II) In accordance with a collaborative pharmacy practice agreement as defined in section 12-280-601 (1)(b);

(III) As authorized pursuant to sections 12-30-110 and 12-280-123 (3) regarding opioid antagonists;

(IV) For drugs that are not controlled substances, drug categories, or devices that are prescribed in accordance with the product's FDA-approved labeling and to patients who are at least twelve years of age and that are limited to conditions that:

(A) Do not require a new diagnosis;

(B) Are minor and generally self-limiting; or

(C) Have a test that is used to guide diagnosis or clinical decision-making and is waived under the federal "Clinical Laboratory Improvement Amendments of 1988", Pub.L. 100-578, as amended; or

(V) For any FDA-approved product indicated for opioid use disorder in accordance with federal law and regulations, including medications for opioid use disorder, if authorized pursuant to part 6 of this article 280;

(h) Ordering and evaluating laboratory tests as related to medication therapy;

(i) Performing limited physical assessments commensurate with education and training;

(j) Performing other tasks delegated by a licensed physician;

(k) Providing treatment that is based on national, evidence-based published guidance; and

(l) Dispensing or administering any FDA-approved product for opioid use disorder in accordance with federal law and regulations, including medications for opioid use disorder.

(40) "Practitioner" means a person authorized by law to prescribe any drug or device, acting within the scope of the authority, including a pharmacist who is participating within the parameters of a statewide drug therapy protocol pursuant to a collaborative pharmacy practice agreement as defined in section 12-280-601 (1)(b), prescribing over-the-counter medications pursuant to section 25.5-5-322, or prescribing an opioid antagonist pursuant to sections 12-30-110 and 12-280-123 (3).

(41) "Prescription" means the finished product of the dispensing of a prescription order in an appropriately labeled and suitable container.

(42) "Prescription drug" means a drug that:

(a) Is required by any applicable federal or state law or rule to be dispensed only pursuant to an order;

(b) Is restricted by any applicable federal or state law or rule to use by practitioners only; or

(c) Prior to being dispensed or delivered, is required under federal law to be labeled with one of the following statements:

(I) "Rx only"; or

(II) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian."

(43) "Prescription drug outlet" or "pharmacy" means any pharmacy outlet registered pursuant to this article 280 where prescriptions are compounded and dispensed. "Prescription drug outlet" includes, without limitation, a specialized prescription drug outlet registered pursuant to section 12-280-119 (11) and a telepharmacy outlet.

(44) "Refill" means the compounding and dispensing of any drug pursuant to a previously executed order.

(45) "Repackage" means repackaging or otherwise changing the container, wrapper, or labeling to further the distribution of a prescription drug, excluding repackaging or labeling completed by the pharmacist responsible for dispensing product to the patient.

(46) "Repackager" means a person who repackages prescription drugs.

(46.5) "Resident 503B outsourcing facility" means a facility that is registered by the FDA, that is located in the state, and that distributes compounded drugs within the state.

(47) "Sample" means any prescription drug given free of charge to any practitioner for any reason except for a bona fide research program.

(48) "Satellite" means an area outside the prescription drug outlet where pharmacist care services are provided and that is in the same location.

(49) "Supervision" means that a licensed pharmacist is on the location and readily available to consult with and assist certificants practicing as pharmacy technicians as described in subsection (38.5) of this section or ancillary personnel performing tasks at the direction of the licensed pharmacist, excluding tasks described in subsection (38.5)(a) of this section but which tasks may include delivery and proper and safe storage of drugs or devices. If the person is a pharmacy technician located at a registered telepharmacy outlet, the licensed pharmacist need not be physically present at the telepharmacy outlet as long as the licensed pharmacist is connected to the telepharmacy outlet via computer link, video link, and audio link, or via other telecommunication equipment of equivalent functionality, and is readily available to consult with and assist the pharmacy technician in performing tasks described in subsection (38.5)(a) of this section.

(50) (a) "Telepharmacy outlet" means a remote pharmacy site that:

(I) Is registered as a prescription drug outlet or pharmacy under this article 280;

(II) Repealed.

(III) Is connected via computer link, video link, and audio link, or via other functionally equivalent telecommunication equipment, with a central pharmacy located in this state that is registered under this article 280; and

(IV) Has a pharmacy technician on site who, under the remote supervision of a licensed pharmacist located at the central pharmacy in this state, performs the tasks described in subsection (38.5)(a) of this section.

(b) (Deleted by amendment, L. 2022.)

(c) As used in this subsection (50):

(I) Repealed.

(II) "Central pharmacy" means a registered pharmacy outlet responsible for overseeing the operation of a telepharmacy outlet.

(51) "Therapeutic interchange" means the substitution of one drug for another drug with similar therapeutic effects.

(52) "Therapeutically equivalent" or "equivalent" means those compounds containing the identical active chemical ingredients of identical strength, quantity, and dosage form and of the same generic drug type, which, when administered in the same amounts, will provide the same therapeutic effect as evidenced by the control of a symptom or disease.

(52.5) "Third-party logistics provider" means a person that contracts with a manufacturer to provide or coordinate warehousing, distribution, or other services on behalf of a manufacturer but does not take title to a prescription drug or have general responsibility to direct the prescription drug's sale or disposition.

(53) "Ultimate user" means a person who lawfully possesses a prescription drug for his or her own use, for the use of a member of the person's household, or for use in administering to an animal owned by the person or a member of his or her household.

(54) (a) "Wholesale distribution" means distribution of prescription drugs to persons or entities other than a consumer or patient.

(b) "Wholesale distribution" does not include:

(I) Intracompany sales or transfers of prescription drugs, including a transaction or transfer between a division, subsidiary, parent, or affiliated or related company under common ownership or control of an entity;

(II) The sale, purchase, distribution, trade, or transfer of a prescription drug or offer to sell, purchase, distribute, trade, or transfer a prescription drug for emergency medical reasons or during a state or national declaration of emergency;

(III) The sale or transfer of a prescription drug that is not compounded or prepackaged by the selling or transferring pharmacy, except as allowed pursuant to section 12-280-120 (15)(b), for medical reasons by an in-state or unregistered nonresident pharmacy to a separate in-state pharmacy under common ownership with the selling or transferring in-state or unregistered nonresident pharmacy to alleviate a temporary shortage;

(IV) The distribution of prescription drug samples by a manufacturer's representative;

(V) Drug returns, when conducted by a hospital, health-care entity, or charitable institution in accordance with 21 CFR 203.23;

(VI) The sale of minimal quantities of prescription drugs by retail pharmacies to licensed practitioners for office use;

(VII) A retail pharmacy's delivery of prescription drugs to a patient or patient's agent pursuant to the lawful order of a licensed practitioner;

(VIII) The sale, transfer, merger, or consolidation of all or part of the business of a pharmacy or pharmacies from or with another pharmacy or pharmacies, whether accomplished as a purchase and sale of stock or business assets;

(IX) Repealed.

(X) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier's usual course of business of transporting prescription drugs where the common carrier does not store, warehouse, or take legal ownership of the prescription drug;

(XI) The sale or transfer from a retail pharmacy of expired, damaged, returned, or recalled prescription drugs to the original manufacturer or to a third-party returns processor;

(XII) Repealed.

(XIII) The transfer of prescription drugs within Colorado purchased with public funds by the department of public health and environment, created in section 25-1-102, or a district or county public health agency, created pursuant to section 25-1-506, and procured by a physician licensed in Colorado who is either the executive director or the chief medical officer appointed pursuant to section 25-1-105 or a public health director or medical officer of a county or district public health agency selected pursuant to section 25-1-508 (5)(c)(I). The transfers may only be made to the department of public health and environment pursuant to the Colorado medical license of the executive director or chief medical officer, a district or county public health agency pursuant to the Colorado medical license of the public health director or medical officer, or a physician licensed in Colorado.

(XIV) The distribution of naloxone;

(XV) The distribution, donation, or sale by a manufacturer or wholesaler of a stock supply of epinephrine auto-injectors to public schools or nonpublic schools for emergency use by designated school personnel in accordance with the requirements of section 22-1-119.5, or to other entities for emergency use in accordance with the requirements of article 47 of title 25;

(XVI) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law.

(55) "Wholesaler" means a person engaged in the wholesale distribution of prescription drugs to persons, other than consumers, that are authorized by law to possess prescription drugs.
C.R.S. § 12-120-414 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-414
12-120-414. Retired architects - classification - fees
Status: in_force

12-120-414. Retired architects - classification - fees. (1) An architect who has been duly licensed and is over sixty-five years of age may apply to the board for classification as a retired architect. Retired architects shall not practice architecture and shall pay a fee established by the board to be listed with and retain retired architect status. A person classified as a retired architect may hold oneself out as a retired architect.

(2) A retired architect shall be reinstated to the status of an architect upon payment of the renewal fee established pursuant to sections 12-20-105 and 12-20-202 (1). The board shall not assess any additional fees.

(3) The board may require reexamination of a retired architect who has been retired for two or more years and is seeking reinstatement pursuant to subsection (2) of this section unless the board is satisfied with the retired architect's competence to practice, as required by section 12-20-202 (2)(c)(II).
C.R.S. § 12-15-103 — CO Code / Title 12 / Article 15 / Section 12-15-103
12-15-103. Conservation easement oversight commission - created
Status: repealed

12-15-103. Conservation easement oversight commission - created. (1) There is created in the division a conservation easement oversight commission, referred to in this article 15 as the "commission". The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division. The commission consists of nine members as follows:

(a) One voting member representing the great outdoors Colorado trust fund, appointed by and serving at the pleasure of the executive director of the state board of the great outdoors Colorado trust fund;

(b) One voting member representing the department of natural resources, appointed by and serving at the pleasure of the executive director of the department of natural resources;

(c) One voting member representing the department of agriculture, appointed by and serving at the pleasure of the commissioner of agriculture;

(d) Four voting members appointed by the governor as follows:

(I) Two voting representatives of certified conservation easement holders;

(II) A voting individual who is competent and qualified to analyze the conservation purpose of conservation easements; and

(III) A voting individual who meets the definition of "socially disadvantaged farmer or rancher" in 7 U.S.C. sec. 2279;

(e) Two voting members of the general public, one appointed by the president of the senate to serve at the pleasure of the president and one appointed by the speaker of the house of representatives to serve at the pleasure of the speaker. Appointments made pursuant to this subsection (1)(e) are for three-year terms and no member shall serve more than two consecutive terms.

(2) In making appointments to the commission, the governor shall consult with the three members of the commission appointed pursuant to subsections (1)(a) to (1)(c) of this section and with appropriate organizations representing the particular interest or area of expertise that the appointees in subsections (1)(d)(I) and (1)(d)(II) of this section represent. Not more than two of the governor's appointees serving at the same time shall be from the same political party. In making the initial appointments, the governor shall appoint one member for a term of two years. All other appointments by the governor are for terms of three years. No member shall serve more than two consecutive terms. In the event of a vacancy by death, resignation, removal, or otherwise, the governor shall appoint a member to fill the unexpired term. The governor may remove any member for misconduct, neglect of duty, or incompetence.

(3) (a) At the request of the division or the department of revenue, the commission shall advise the division and the department of revenue regarding conservation easements for which a state income tax credit is claimed pursuant to section 39-22-522.

(b) The commission shall review conservation easement tax credit certificate applications and requests for optional preliminary advisory opinions in accordance with section 12-15-106.

(4) The commission shall meet at least quarterly. The division shall convene the meetings of the commission and provide staff support as requested by the commission. A majority of the voting members of the commission constitutes a quorum for the transaction of all business, and actions of the commission require a vote of a majority of the voting members present in favor of the action taken. The commission may delegate to the director of the division the authority to act on behalf of the commission on occasions and in circumstances that the commission deems necessary for the efficient and effective administration and execution of the commission's responsibilities under this article 15.

(5) The commission shall establish a conflict-of-interest policy to ensure that any member of the commission is disqualified from performing an act that conflicts with a private pecuniary interest of the member or from participating in the deliberation or decision-making process for certification for an applicant represented by the member.

(6) The commission shall advise and make recommendations to the director of the division regarding the certification of conservation easement holders in accordance with section 12-15-104.

(7) Commission members are immune from liability in accordance with the provisions of the "Colorado Governmental Immunity Act", article 10 of title 24.

(8) Repealed.
C.R.S. § 12-305-107 — CO Code / Title 12 / Article 305 / Section 12-305-107
12-305-107. Certification - application - qualifications - provisional certification - renew
Status: in_force

12-305-107. Certification - application - qualifications - provisional certification - renewal - fees - rules. (1) Educational and experiential requirements. Every applicant for a certification as a speech-language pathologist must have:

(a) Successfully completed a master's or higher degree in communication sciences and disorders granted by an accredited institution of higher education recognized by the United States department of education;

(b) Successfully completed a speech-language pathology clinical fellowship approved by the director, as documented by the supervising clinician or a national certifying body approved by the director; and

(c) Passed the appropriate examination and clinical fellowships adopted by the director.

(2) Application. When an applicant has fulfilled the requirements of subsection (1) of this section, the applicant may apply for certification in the manner required by the director. The applicant shall submit an application fee with the application in an amount determined by the director. Additionally, if the applicant will provide speech-language pathology services to patients, the applicant shall submit to the director proof that the applicant has purchased and is maintaining or is covered by professional liability insurance in an amount determined by the director by rule.

(3) Certification. (a) Except as provided in subsection (3)(b) of this section, when an applicant has fulfilled the requirements of subsections (1) and (2) of this section, the director shall issue a certification to the applicant.

(b) The director may deny a certification if the applicant has committed any act that would be grounds for disciplinary action under section 12-305-112.

(4) Certification by endorsement. (a) An applicant may obtain certification by endorsement if the applicant satisfies the requirements of the occupational credential portability program.

(b) If the applicant will provide speech-language pathology services to patients, the applicant shall submit to the director proof that the applicant has purchased and is maintaining or is covered by professional liability insurance in an amount determined by the director by rule.

(5) Certification renewal. Certifications issued pursuant to this article 305 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose certification has expired and who continues to practice speech-language pathology is subject to the penalties provided in this article 305 or section 12-20-202 (1) for reinstatement.
C.R.S. § 12-30-113 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-113
12-30-113. Out-of-network health-care providers - out-of-network services - billing - payme
Status: in_force

12-30-113. Out-of-network health-care providers - out-of-network services - billing - payment - deceptive trade practice. (1) If an out-of-network health-care provider provides emergency services or covered nonemergency services to a covered person at an in-network facility, the out-of-network provider shall:

(a) Submit a claim for the entire cost of the services to the covered person's carrier; and

(b) Not bill or collect payment from a covered person for any outstanding balance for covered services not paid by the carrier, except for the applicable in-network coinsurance, deductible, or copayment amount required to be paid by the covered person.

(2) (a) If an out-of-network health-care provider provides covered nonemergency services at an in-network facility or emergency services at an out-of-network or in-network facility and the health-care provider receives payment from the covered person for services for which the covered person is not responsible pursuant to section 10-16-704 (3)(b) or (5.5), the health-care provider shall reimburse the covered person within sixty calendar days after the date that the overpayment was reported to the provider.

(b) An out-of-network health-care provider that fails to reimburse a covered person as required by subsection (2)(a) of this section for an overpayment shall pay interest on the overpayment at the rate of ten percent per annum beginning on the date the provider received the notice of the overpayment. The covered person is not required to request the accrued interest from the out-of-network health-care provider in order to receive interest with the reimbursement amount.

(3) An out-of-network health-care provider shall provide a covered person a written estimate of the amount for which the covered person may be responsible for covered nonemergency services within three business days after a request from the covered person.

(4) (a) An out-of-network health-care provider must send a claim for a covered service to the carrier within one hundred eighty days after the receipt of insurance information in order to receive reimbursement as specified in this subsection (4)(a). The reimbursement rate is the greater of:

(I) One hundred ten percent of the carrier's median in-network rate of reimbursement for that service provided in the same geographic area; or

(II) The sixtieth percentile of the in-network rate of reimbursement for the same service in the same geographic area for the prior year based on claims data from the all-payer health claims database described in section 25.5-1-204.

(b) If the out-of-network health-care provider submits a claim for covered services after the one-hundred-eighty-day period specified in subsection (4)(a) of this section, the carrier shall reimburse the health-care provider one hundred twenty-five percent of the medicare reimbursement rate for the same services in the same geographic area.

(c) The health-care provider shall not bill a covered person any outstanding balance for a covered service not paid for by the carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person.

(5) A health-care provider may initiate arbitration pursuant to section 10-16-704 (15) if the health-care provider believes the payment made pursuant to subsection (4) of this section is not sufficient.

(6) A violation of this section is a deceptive trade practice pursuant to section 6-1-105 (1)(xxx).
C.R.S. § 12-10-203 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-203
12-10-203. Application for license - rules - definition
Status: in_force

12-10-203. Application for license - rules - definition. (1) (a) All persons desiring to become real estate brokers shall apply to the commission for a license under the provisions of this part 2. Application for a license as a real estate broker shall be made to the commission upon forms or in a manner prescribed by the commission.

(b) (I) Prior to submitting an application for a license pursuant to subsection (1)(a) of this section, each applicant 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. The applicant shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commission. The commission shall acquire 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.

(II) For purposes of this subsection (1)(b), "applicant" means an individual, or any person designated to act as broker for any partnership, limited liability company, or corporation pursuant to subsection (6) of this section.

(2) Every real estate broker licensed under this part 2 shall maintain a place of business within this state, except as provided in section 12-10-208. In case a real estate broker maintains more than one place of business within the state, the broker shall be responsible for supervising all licensed activities originating in the offices.

(3) The commission is authorized by this section to require and procure any such proof as is necessary in reference to the truthfulness, honesty, and good moral character of any applicant for a real estate broker's license or, if the applicant is a partnership, limited liability company, or corporation, of any partner, manager, director, officer, member, or stockholder if the person has, either directly or indirectly, a substantial interest in the applicant prior to the issuance of the license.

(4) (a) An applicant for a broker's license shall be at least eighteen years of age. The applicant must furnish proof satisfactory to the commission that the applicant has either received a degree from an accredited degree-granting college or university with a major course of study in real estate or has successfully completed courses of study, approved by the commission, at any accredited college or university or any private occupational school that has a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23 or that has been approved by the commission or licensed by an official state agency of any other state as follows:

(I) Forty-eight hours of classroom instruction or equivalent correspondent hours in real estate law and real estate practice; and

(II) Forty-eight hours of classroom instruction or equivalent correspondent hours in understanding and preparation of Colorado real estate contracts; and

(III) A total of seventy-two hours of instruction or equivalent correspondence hours from the following areas of study:

(A) Trust accounts and record keeping;

(B) Real estate closings;

(C) Current legal issues; and

(D) Practical applications.

(b) An applicant for a broker's license who has been licensed as a real estate broker in another jurisdiction shall be required to complete only the course of study comprising the subject matter areas described in subsections (4)(a)(II) and (4)(a)(III)(B) of this section.

(c) An applicant for a broker's license who has been licensed as a real estate salesperson in another jurisdiction shall be required to complete only the course of study required in subsections (4)(a)(II) and (4)(a)(III) of this section.

(5) (a) The applicant for a broker's license shall submit to and pass an examination designated to determine the competency of the applicant and prepared by or under the supervision of the commission or its designated contractor. The commission may contract with an independent testing service to develop, administer, or grade examinations or to administer licensee records. The contract may allow the testing service to recover the costs of the examination and the costs of administering exam and license records from the applicant. The commission may contract separately for these functions and allow recovered costs to be collected and retained by a single contractor for distribution to other contractors. The commission shall have the authority to set the minimum passing score that an applicant must receive on the examination, and the score shall reflect the minimum level of competency required to be a broker. The examination shall be given at such times and places as the commission prescribes. The examination shall include, but not be limited to, ethics, reading, spelling, basic mathematics, principles of land economics, appraisal, financing, a knowledge of the statutes and law of this state relating to deeds, trust deeds, mortgages, listing contracts, contracts of sale, bills of sale, leases, agency, brokerage, trust accounts, closings, securities, the provisions of this part 2, and the rules of the commission. The examination for a broker's license shall also include the preparation of a real estate closing statement.

(b) An applicant for a broker's license who has held a real estate license in another jurisdiction that administers a real estate broker's examination and who has been licensed for two or more years prior to applying for a Colorado license may be issued a broker's license if the applicant establishes that he or she possesses credentials and qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination.

(c) In addition to all other applicable requirements, the following provisions apply to brokers that did not hold a current and valid broker's license on December 31, 1996:

(I) No such broker shall engage in an independent brokerage practice without first having served actively as a real estate broker for at least two years. The commission shall adopt rules requiring an employing broker to ensure that a high level of supervision is exercised over such a broker during the two-year period.

(II) No such broker shall employ another broker without first having completed twenty-four clock hours of instruction, or the equivalent in correspondence hours, as approved by the commission, in brokerage administration.

(III) Effective January 1, 2019, a broker shall not act as an employing broker without first demonstrating, in accordance with rules of the commission, experience and knowledge sufficient to enable the broker to employ and adequately supervise other brokers, as appropriate to the broker's area of supervision. The commission's rules must set forth the method or methods by which the broker may demonstrate the experience and knowledge, either by documenting a specified number of transactions that the broker has completed or by other methods.

(6) (a) Real estate brokers' licenses may be granted to individuals, partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a qualified, active broker to be responsible for management and supervision of the licensed actions of the partnership, limited liability company, or corporation and all licensees shown in the commission's records as being in the employ of the entity. The application of the partnership, limited liability company, or corporation and the application of the broker designated by it shall be filed with the commission.

(b) No license shall be issued to any partnership, limited liability company, or corporation unless and until the broker so designated by the partnership, limited liability company, or corporation submits to and passes the examination required by this part 2 on behalf of the partnership, limited liability company, or corporation. Upon the broker successfully passing the examination and upon compliance with all other requirements of law by the partnership, limited liability company, or corporation, as well as by the designated broker, the commission shall issue a broker's license to the partnership, limited liability company, or corporation, which shall bear the name of the designated broker, and thereupon the broker so designated shall conduct business as a real estate broker only through the partnership, limited liability company, or corporation and not for the broker's own account.

(c) If the person so designated is refused a license by the commission or ceases to be the designated broker of the partnership, limited liability company, or corporation, the entity may designate another person to make application for a license. If the person ceases to be the designated broker of the partnership, limited liability company, or corporation, the director may issue a temporary license to prevent hardship for a period not to exceed ninety days to the licensed person so designated. The director may extend a temporary license for one additional period not to exceed ninety days upon proper application and a showing of good cause; if the director refuses, no further extension of a temporary license shall be granted except by the commission. If any broker or employee of any such partnership, limited liability company, or corporation, other than the one designated as provided in this section, desires to act as a real estate broker, the broker or employee shall first obtain a license as a real estate broker as provided in this section and shall pay the regular fee therefor.

(7) The broker designated to act as broker for any partnership, limited liability company, or corporation is personally responsible for the handling of any and all earnest money deposits or escrow or trust funds received or disbursed by the partnership, limited liability company, or corporation. In the event of any breach of duty by the partnership, limited liability company, or corporation as a fiduciary, any person aggrieved or damaged by the breach of fiduciary duty shall have a claim for relief against the partnership, limited liability company, or corporation, as well as against the designated broker, and may pursue the claim against the partnership, limited liability company, or corporation and the designated broker personally. The broker may be held responsible and liable for damages based upon the breach of fiduciary duty as may be recoverable against the partnership, limited liability company, or corporation, and any judgment so obtained may be enforced jointly or severally against the broker personally and the partnership, limited liability company, or corporation.

(8) No license for a broker registered as being in the employ of another broker shall be issued to a partnership, a limited liability company, or a corporation or under a fictitious name or trade name; except that a married woman may elect to use her birth name.

(9) No person shall be licensed as a real estate broker under more than one name, and no person shall conduct or promote a real estate brokerage business except under the name under which the person is licensed.

(10) A licensed attorney shall take and pass the examination referred to in this section after having completed twelve hours of classroom instruction or equivalent correspondent hours in trust accounts, record keeping, and real estate closings.
C.R.S. § 12-295-103 — CO Code / Title 12 / Article 295 / Section 12-295-103
12-295-103. Definitions
Status: in_force

12-295-103. Definitions. As used in this article 295, unless the context otherwise requires:

(1) "Approved psychiatric technician education program" means a course of training conducted by a school for the training of psychiatric technicians carrying out the basic curriculum prescribed by this article 295 and approved by the board.

(2) "Board" means the state board of nursing created in section 12-255-105.

(3) "Person" includes an individual, firm, partnership, association, or corporation.

(4) "Practice as a psychiatric technician" means the performance for compensation of selected acts requiring interpersonal and technical skills and includes the administering of selected treatments and selected medications prescribed by a licensed physician or dentist, in the care of and in the observation and recognition of symptoms and reactions of a patient with a behavioral or mental health disorder or an intellectual and developmental disability under the direction of a licensed physician and the supervision of a registered professional nurse. The selected acts in the care of a patient with a behavioral or mental health disorder or an intellectual and developmental disability must not require the substantial specialized skill, judgment, and knowledge required in professional nursing.
C.R.S. § 12-10-408 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-408
12-10-408. Broker disclosures
Status: in_force

12-10-408. Broker disclosures. (1) (a) Any person, firm, partnership, limited liability company, association, or corporation acting as a broker shall adopt a written office policy that identifies and describes the relationships offered to the public by the broker.

(b) A broker shall not be required to offer or engage in any one or in all of the brokerage relationships enumerated in section 12-10-404, 12-10-405, or 12-10-407.

(c) Written disclosures and written agreements required by subsection (2) of this section shall contain a statement to the seller, landlord, buyer, or tenant that different brokerage relationships are available that include buyer agency, seller agency, or status as a transaction-broker. Should the seller, landlord, buyer, or tenant request information or ask questions concerning a brokerage relationship not offered by the broker pursuant to the broker's written office policy enumerated in subsection (1)(a) of this section, the broker shall provide to the party a written definition of that brokerage relationship that has been promulgated by the real estate commission.

(d) Disclosures made in accordance with this part 4 shall be sufficient to disclose brokerage relationships to the public.

(2) (a) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a transaction-broker shall disclose in writing to the party to be assisted that the broker is not acting as agent for the party and that the broker is acting as a transaction-broker.

(II) As part of each relationship entered into by a broker pursuant to subsection (2)(a)(I) of this section, written disclosure shall be made that shall contain a signature block for the buyer, seller, landlord, or tenant to acknowledge receipt of the disclosure. The disclosure and acknowledgment, by itself, shall not constitute a contract with the broker. If the buyer, seller, landlord, or tenant chooses not to sign the acknowledgment, the broker shall note that fact on a copy of the disclosure and shall retain the copy.

(III) If the transaction-broker undertakes any obligations or responsibilities in addition to or different from those set forth in section 12-10-407, the obligations or responsibilities shall be disclosed in a writing that shall be signed by the involved parties.

(b) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a broker intending to establish a single agency relationship with a seller, landlord, buyer, or tenant shall enter into a written agency agreement with the party to be represented. The agreement shall disclose the duties and responsibilities specified in section 12-10-404 or 12-10-405, as applicable. Notice of the single agency relationship shall be furnished to any prospective party to the proposed transaction in a timely manner.

(c) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a broker intending to work with a buyer or tenant as an agent of the seller or landlord shall provide a written disclosure to the buyer or tenant that shall contain the following:

(A) A statement that the broker is an agent for the seller or landlord and is not an agent for the buyer or tenant;

(B) A list of the tasks that the agent intends to perform for the seller or landlord with the buyer or tenant; and

(C) A statement that the buyer or tenant shall not be vicariously liable for the acts of the agent unless the buyer or tenant approves, directs, or ratifies the acts.

(II) The written disclosure required pursuant to subsection (2)(c)(I) of this section shall contain a signature block for the buyer or tenant to acknowledge receipt of the disclosure. The disclosure and acknowledgment, by itself, shall not constitute a contract with the broker. If the buyer or tenant does not sign the disclosure, the broker shall note that fact on a copy of the disclosure and retain the copy.

(d) A broker who has already established a relationship with one party to a proposed transaction shall advise at the earliest reasonable opportunity any other potential parties or their agents of the established relationship.

(e) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), the seller, buyer, landlord, or tenant shall be advised in any written agreement with a broker that the brokerage relationship exists only with the designated broker, does not extend to the employing broker or to any other brokers employed or engaged by the employing broker who are not so designated, and does not extend to the brokerage company.

(II) Nothing in this subsection (2)(e) shall be construed to limit the employing broker's or firm's responsibility to supervise licensees employed by the broker or firm nor to shield the broker or firm from vicarious liability.
C.R.S. § 12-275-118 — CO Code / Title 12 / Article 275 / Section 12-275-118
12-275-118. Records to be kept by the board
Status: in_force

12-275-118. Records to be kept by the board. The board shall keep a record of all persons to whom licenses have been granted under this article 275. A copy of the records, certified by the board, shall be admitted in any of the courts of this state, in lieu of the originals, as prima facie evidence of the facts contained in the records. A copy of the records certified by the board of a person charged with a violation of any of the provisions of this article 275 shall be evidence that the person has not been licensed to practice optometry.
C.R.S. § 12-120-311 — CO Code / Title 12 / Article 120 / Part 3 / Section 12-120-311
12-120-311. Qualifications for land surveyor-interns
Status: repealed

12-120-311. Qualifications for land surveyor-interns. (1) Repealed.

(2) (a) An applicant may qualify for enrollment as a land surveyor-intern by graduation and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).

(b) In order to be admitted to the examination pursuant to subsection (2)(a) of this section, the applicant must have satisfied either of the following requirements:

(I) The applicant graduated from a board-approved surveying or surveying technology curriculum that is at least four years.

(II) The applicant has senior status in a board-approved surveying or surveying technology curriculum that is at least four years.

(c) Upon passing the examination and upon submission of official transcripts to the board verifying graduation or impending graduation, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12-120-310.

(3) (a) An applicant may qualify for enrollment as a land surveyor-intern by education, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).

(b) In order to be admitted to the examination pursuant to subsection (3)(a) of this section, the applicant must:

(I) (A) Have graduated from high school or the equivalent; and

(B) Have a cumulative record of four years or more of progressive land surveying experience, of which a maximum of one year of educational credit may be substituted; or

(II) (A) Have graduated from a board-approved two-year surveying curriculum; and

(B) Have a cumulative record of two years or more of progressive land surveying experience.

(c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12-120-310.
C.R.S. § 12-280-117.5 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-117.5
12-280-117.5. Continuing education for pharmacy technicians - exceptions - inactive status
Status: in_force

12-280-117.5. Continuing education for pharmacy technicians - exceptions - inactive status. (1) The board shall not renew, reinstate, or reactivate the certification of a pharmacy technician that was issued pursuant to section 12-280-115.5 (2) until the pharmacy technician presents evidence that the pharmacy technician maintains active certification with a certifying organization. Subject to subsection (2) of this section, the evidence may be provided by an attestation on the certification renewal application.

(2) The board may annually audit up to five percent of the pharmacy technicians certified and residing in Colorado to determine compliance with this section.

(3) If a pharmacy technician fails to complete the continuing education and renewal requirements of, and maintain active certification with, a certifying organization, the pharmacy technician's state certification becomes inactive. An inactive certificant is not required to comply with any continuing pharmacy technician education requirement so long as the certificant remains inactive, but the certificant must continue to pay applicable fees, including renewal fees. The board shall note "inactive status" on the face of any certification it issues to a certificant while the certificant remains inactive. Before an inactive pharmacy technician resumes practice as a pharmacy technician after being placed on an inactive list, the pharmacy technician must file an application to activate the certification, pay the certification renewal fee, and meet the continuing education requirements of this section. If a pharmacy technician engages in practice as a pharmacy technician while on inactive status, that conduct is grounds for certification revocation under this article 280.
C.R.S. § 12-165-111 — CO Code / Title 12 / Article 165 / Section 12-165-111
12-165-111. Disciplinary actions - grounds for discipline - rules - letters of admonition -
Status: in_force

12-165-111. Disciplinary actions - grounds for discipline - rules - letters of admonition - cease-and-desist orders. (1) The director may take disciplinary action or other action as authorized in this section and section 12-20-404 against an applicant or licensee if the applicant or licensee:

(a) Violates an order of the director, a provision of this article 165, an applicable provision of article 20 of this title 12, or a rule adopted under this article 165;

(b) Uses fraud, misrepresentation, or deceit in applying for or attempting to apply for a license;

(c) Within the preceding five years, was convicted of or has entered a plea of guilty or nolo contendere to a felony; to an offense, the underlying factual basis of which has been found by the court to involve unlawful sexual behavior, domestic violence, as defined in section 18-6-800.3 (1), or stalking, as defined in section 18-3-602; or to violation of a protection order, as defined in section 18-6-803.5. In considering an applicant's criminal history, the director is governed by sections 12-20-202 (5) and 24-5-101.

(d) Has failed to report to the director the conviction of, or plea to, a crime specified in subsection (1)(c) of this section;

(e) Advertises or claims to be a radon measurement professional or radon mitigation professional without holding an active license;

(f) Has been subject to discipline related to the practice of radon measurement or radon mitigation in another jurisdiction. Evidence of disciplinary action in another jurisdiction is prima facie evidence for denial of a license or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(g) Commits an act or omission that fails to meet the applicable standard for radon measurement or radon mitigation;

(h) Fails to comply with the professional liability insurance requirements specified in section 12-165-109;

(i) Has failed to notify the director of a civil judgment or settlement that arose from the licensee's work performance within fourteen days after the civil judgment or settlement;

(j) Has engaged in false or misleading advertising; or

(k) Fails to provide direct supervision of an unlicensed person performing radon measurement or radon mitigation.

(2) The director may adopt rules establishing fines that the director may impose on a licensee. The rules must include a graduated fine structure, with a maximum allowable fine of not more than three thousand dollars per violation.

(3) The director need not find that the actions that are grounds for discipline were committed willfully, but the director may consider whether the actions were committed willfully when determining the nature of disciplinary sanctions to impose.

(4) (a) The director may commence a proceeding to discipline a licensee when the director has reasonable grounds to believe that the licensee has committed an act or omission described in this section.

(b) In any proceeding held under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 165.

(5) Section 12-20-403 governs disciplinary proceedings, investigations, hearings, and the gathering of evidence in all matters related to the director's exercise and performance of the director's powers and duties under this article 165.

(6) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 165.

(7) A final action of the director is subject to judicial review in accordance with section 12-20-408. The director may institute a judicial proceeding in accordance with section 24-4-106 to enforce an order of the director.

(8) If it appears to the director, based upon credible evidence as presented in a written complaint, that a licensee is acting in a manner that is an imminent threat to the health or safety of the public, or if an individual is conducting radon measurement or radon mitigation or claiming to be a radon measurement professional or radon mitigation professional without having obtained a license, the director may issue an order to cease and desist the activity in accordance with the procedures specified in section 12-20-405.

(9) The director may issue a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4).

(10) The director may send a confidential letter of concern to a licensee under the circumstances described in section 12-20-404 (5).
C.R.S. § 12-10-217 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-217
12-10-217. Investigation - revocation - actions against licensee or applicant - definition
Status: in_force

12-10-217. Investigation - revocation - actions against licensee or applicant - definition. (1) The commission, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any person who assumes to act in the capacity of a licensee within the state, and the commission, after holding a hearing pursuant to section 12-10-219, has the power to impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense and to censure a licensee, to place the licensee on probation and to set the terms of probation, or to temporarily suspend a license, or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts and is guilty of:

(a) Knowingly making any misrepresentation or knowingly making use of any false or misleading advertising;

(b) Making any promise of a character that influences, persuades, or induces another person when he or she could not or did not intend to keep the promise;

(c) Knowingly misrepresenting or making false promises through agents, advertising, or otherwise;

(d) Violating any provision of the "Colorado Consumer Protection Act", article 1 of title 6;

(e) Acting for more than one party in a transaction without the knowledge of all parties thereto;

(f) Representing or attempting to represent a real estate broker other than the licensee's employer without the express knowledge and consent of that employer;

(g) In the case of a broker registered as in the employ of another broker, failing to place, as soon after receipt as is practicably possible, in the custody of that licensed broker-employer any deposit money or other money or fund entrusted to the employee by any person dealing with the employee as the representative of that licensed broker-employer;

(h) Failing to account for or to remit, within a reasonable time, any money coming into the licensee's possession that belongs to others, whether acting as real estate brokers or otherwise, and failing to keep records relative to the money, which records shall contain such information as may be prescribed by the rules of the commission relative thereto and shall be subject to audit by the commission;

(i) Converting funds of others, diverting funds of others without proper authorization, commingling funds of others with the broker's own funds, or failing to keep the funds of others in an escrow or a trustee account with some bank or recognized depository in this state, which account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government, and to keep records relative to the deposit that contain such information as may be prescribed by the rules of the commission relative thereto, which records shall be subject to audit by the commission;

(j) Failing to provide the purchaser and seller of real estate with a closing statement of the transaction, containing such information as may be prescribed by the rules of the commission or failing to provide a signed duplicate copy of the listing contract and the contract of sale or the preliminary agreement to sell to the parties thereto;

(k) Failing to maintain possession, for future use or inspection by an authorized representative of the commission, for a period of four years, of the documents or records prescribed by the rules of the commission or to produce the documents or records upon reasonable request by the commission or by an authorized representative of the commission;

(l) Paying a commission or valuable consideration for performing any of the functions of a real estate broker, as described in this part 2, to any person not licensed under this part 2; except that a licensed broker may pay a finder's fee or a share of any commission on a cooperative sale when the payment is made to a real estate broker licensed in another state or country. If a country does not license real estate brokers, then the payee must be a citizen or resident of the country and represent that the payee is in the business of selling real estate in the country.

(m) Disregarding or violating any provision of this part 2 or part 4 of this article 10, violating any reasonable rule promulgated by the commission in the interests of the public and in conformance with the provisions of this part 2 or part 4 of this article 10; violating any lawful commission orders; or aiding and abetting a violation of any rule, commission order, or provision of this part 2 or part 4 of this article 10;

(n) (I) Conviction of, entering a plea of guilty to, or entering a plea of nolo contendere to any crime in article 3 of title 18; parts 1, 2, 3, and 4 of article 4 of title 18; part 1, 2, 3, 4, 5, 7, 8, or 9 of article 5 of title 18; article 5.5 of title 18; parts 3, 4, 6, 7, and 8 of article 6 of title 18; parts 1, 3, 4, 5, 6, 7, and 8 of article 7 of title 18; part 3 of article 8 of title 18; article 15 of title 18; article 17 of title 18; section 18-18-404, 18-18-405, 18-18-406, 18-18-411, 18-18-412.5, 18-18-412.7, 18-18-412.8, 18-18-415, 18-18-416, 18-18-422, or 18-18-423; or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that the plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 2.

(II) As used in this subsection (1)(n), "conviction" includes the imposition of a deferred judgment or deferred sentence.

(o) Violating or aiding and abetting in the violation of the Colorado or federal fair housing laws;

(p) Failing to immediately notify the commission in writing of a conviction, plea, or violation pursuant to subsection (1)(n) or (1)(o) of this section;

(q) Having demonstrated unworthiness or incompetency to act as a real estate broker by conducting business in such a manner as to endanger the interest of the public;

(r) In the case of a broker licensee, failing to exercise reasonable supervision over the activities of licensed employees;

(s) Procuring, or attempting to procure, a real estate broker's license or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, a real estate broker's license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for the license;

(t) Claiming, arranging for, or taking any secret or undisclosed amount of compensation, commission, or profit or failing to reveal to the licensee's principal or employer the full amount of the licensee's compensation, commission, or profit in connection with any acts for which a license is required under this part 2;

(u) Using any provision allowing the licensee an option to purchase in any agreement authorizing or employing the licensee to sell, buy, or exchange real estate for compensation or commission, except when the licensee, prior to or coincident with election to exercise the option to purchase, reveals in writing to the licensee's principal or employer the full amount of the licensee's profit and obtains the written consent of the principal or employer approving the amount of the profit;

(v) Effective on and after August 26, 2013, fraud, misrepresentation, deceit, or conversion of trust funds that results in the entry of a civil judgment for damages;

(w) Any other conduct, whether of the same or a different character than specified in this subsection (1), that constitutes dishonest dealing;

(x) Having had a real estate broker's or a subdivision developer's license suspended or revoked in any jurisdiction, or having had any disciplinary action taken against the broker or subdivision developer in any other jurisdiction if the broker's or subdivision developer's action would constitute a violation of this subsection (1). A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action.

(y) Failing to keep records documenting proof of completion of the continuing education requirements in accordance with section 12-10-213 for a period of four years from the date of compliance with the section;

(z) (I) Violating any provision of section 12-10-218.

(II) In addition to any other remedies available to the commission pursuant to this article 10, after notice and a hearing pursuant to section 24-4-105, the commission may assess a penalty for a violation of section 12-10-218 or of any rule promulgated pursuant to section 12-10-218. The penalty shall be the amount of remuneration improperly paid and shall be transmitted to the state treasurer and credited to the general fund.

(aa) Within the last five years, having a license, registration, or certification issued by Colorado or another state revoked or suspended for fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and such discipline denied the person authorization to practice as:

(I) A mortgage broker or mortgage loan originator;

(II) A real estate broker or salesperson;

(III) A real estate appraiser, as defined by section 12-10-602 (9);

(IV) An insurance producer, as defined by section 10-2-103 (6);

(V) An attorney;

(VI) A securities broker-dealer, as defined by section 11-51-201 (2);

(VII) A securities sales representative, as defined by section 11-51-201 (14);

(VIII) An investment advisor, as defined by section 11-51-201 (9.5); or

(IX) An investment advisor representative, as defined by section 11-51-201 (9.6).

(2) Every person licensed pursuant to section 12-10-201 (6)(a)(X) shall give a prospective tenant a contract or receipt; and the contract or receipt shall include the address and telephone number of the commission in prominent letters and shall state that the regulation of rental location agents is under the purview of the commission.

(3) In the event a firm, partnership, limited liability company, association, or corporation operating under the license of a broker designated and licensed as representative of the firm, partnership, limited liability company, association, or corporation is guilty of any of the foregoing acts, the commission may suspend or revoke the right of the firm, partnership, limited liability company, association, or corporation to conduct its business under the license of the broker, whether or not the designated broker had personal knowledge thereof and whether or not the commission suspends or revokes the individual license of the broker.

(4) Upon request of the commission, when any real estate broker is a party to any suit or proceeding, either civil or criminal, arising out of any transaction involving the sale or exchange of any interest in real property or out of any transaction involving a leasehold interest in the real property and when the broker is involved in the transaction in such capacity as a licensed broker, it shall be the duty of the broker to supply to the commission a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and to advise the commission of the disposition of the case and of the nature and amount of any judgment, verdict, finding, or sentence that may be made, entered, or imposed therein.

(5) This part 2 shall not be construed to relieve any person from civil liability or criminal prosecution under the laws of this state.

(6) Complaints of record in the office of the commission and commission investigations, including commission investigative files, are closed to public inspection. Stipulations and final agency orders are public records subject to sections 24-72-203 and 24-72-204.

(7) When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the commission, does not warrant formal action by the commission but that should not be dismissed as being without merit, the commission may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy thereof to the person making the complaint, but the letter shall advise the licensee that the licensee has the right to request in writing, within twenty days after proven receipt, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings.

(8) All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund.

(9) Any application for licensure from a person whose license has been revoked shall not be considered until the passage of one year from the date of revocation.

(10) When the division becomes aware of facts or circumstances that fall within the jurisdiction of a criminal justice or other law enforcement authority upon investigation of the activities of a licensee, the division shall, in addition to the exercise of its authority under this part 2, refer and transmit the information, which may include originals or copies of documents and materials, to one or more criminal justice or other law enforcement authorities for investigation and prosecution as authorized by law.
C.R.S. § 12-265-115 — CO Code / Title 12 / Article 265 / Section 12-265-115
12-265-115. Mental and physical examination of licensees
Status: in_force

12-265-115. Mental and physical examination of licensees. (1) (a) If the board has reasonable grounds to believe that a licensee or temporary license holder is unable to practice with reasonable skill and safety to residents because of a condition described in section 12-265-113 (1)(g) or (1)(h), it may require the person to submit to a mental or physical examination by a physician or other licensed health-care professional it designates. Upon the failure of the person to submit to the mental or physical examination, unless due to circumstances beyond the person's control, the board may suspend the person's license until the person submits to the required examinations.

(b) Every licensee or temporary license holder, by engaging in the practice of nursing home administration in this state or by applying for the renewal of a license or temporary license, shall be deemed to have given consent to submit to a mental or physical examination when so directed in writing by the board. The direction to submit to an examination shall contain the basis of the board's reasonable grounds to believe that the licensee is unable to practice with reasonable skill and safety to residents because of a condition described in section 12-265-113 (1)(g) or (1)(h). The licensee shall be deemed to have waived all objections to the admissibility of the examining physician's or other licensed health-care professional's testimony or examination reports on the ground of privileged communication.

(2) Nothing in this section shall prevent the licensee from submitting testimony or examination reports of a physician or other licensed health-care professional designated by the licensee that pertains to a condition described in section 12-265-113 (1)(g) or (1)(h) that may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the board.

(3) The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than one before the board and shall not be deemed public records nor made available to the public.
C.R.S. § 12-30-105 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-105
12-30-105. Nurse-physician advisory task force for Colorado health care - creation - duties
Status: repealed

12-30-105. Nurse-physician advisory task force for Colorado health care - creation - duties - definition - repeal. (1) There is hereby created, within the division, the nurse-physician advisory task force for Colorado health care, referred to in this section as "NPATCH". The purpose of the NPATCH is to promote public safety and improve health care in Colorado by supporting collaboration and communication between the practice of nursing, the practice as a certified midwife, and the practice of medicine. The NPATCH shall:

(a) Promote patient safety and quality care;

(b) Address issues of mutual concern at the interface of the practice of nursing, the practice as a certified midwife, and the practice of medicine;

(c) Inform public policy-making; and

(d) Make consensus recommendations to policy-making and rule-making entities, including recommendations to the executive director.

(2) (a) The NPATCH consists of twelve members appointed as follows:

(I) One member of the state board of nursing, appointed by the president of the board;

(II) One member of the Colorado medical board, appointed by the president of the board;

(III) Ten members appointed by the governor as follows:

(A) Three members recommended by and representing a statewide professional nursing organization;

(B) Three licensed physicians recommended by and representing a statewide physicians' organization that represents multi-specialty physicians and whose membership includes at least one-third of the doctors of medicine and osteopathy licensed in the state;

(C) One member representing the nursing community who may or may not be a member of a statewide professional nursing organization;

(D) One member representing the physician community who may or may not be a member of a statewide physicians' organization; and

(E) Two members representing consumers.

(b) The members of the NPATCH shall serve on a voluntary basis without compensation and shall serve three-year terms; except that, in order to ensure staggered terms of office, four of the initial appointees shall serve initial one-year terms and four of the initial appointees shall serve initial two-year terms.

(3) (a) Except as provided in subsection (3)(b) of this section, the NPATCH may develop its own bylaws and procedures to govern its operations.

(b) A recommendation of the NPATCH requires the consensus of the members of the task force. For purposes of this section, "consensus" means an agreement, decision, or recommendation that all members of the task force can actively support and that no member actively opposes.

(4) The division shall staff the NPATCH. The division's costs for administering and staffing the NPATCH shall be funded by an increase in fees for professional and advanced practice registered nursing, certified midwife, and medical license renewal fees, as authorized in sections 12-240-130 and 12-255-107 (1)(b)(I), with fifty percent of the funding derived from the physician license renewal fees and fifty percent derived from the professional and advanced practice registered nursing and certified midwife license renewal fees.

(5) The NPATCH shall prioritize consideration of and make recommendations on the following topics:

(a) and (b) Repealed.

(c) Quality assurance mechanisms for all medication prescribers;

(d) Evidence-based guidelines;

(e) Decision support tools;

(f) Safe prescribing metrics for all medication prescribers;

(g) Methods to foster effective communication between health professions;

(h) Health-care delivery system integration and related improvements;

(i) Physician standards, processes, and metrics to ensure appropriate consultation, collaboration, and referral regarding advanced practice registered nurse and certified midwife prescriptive authority;

(j) Prescribing issues regarding providers other than physicians, advanced practice registered nurses, and certified midwives;

(k) Alignment of health-care licensing with federal statutory minimums;

(l) Identification of unnecessary regulatory burdens or barriers;

(m) Regulatory reforms that support health-care licensees to work at their full scope of practice; and

(n) Feasibility of temporary candidate licenses for students nearing the completion of an accredited health-care program. At a minimum, the NPATCH must consider reimbursement, liability, and health and safety issues in its analysis.

(6) The NPATCH shall make recommendations pursuant to this section to the executive director.

(7) This section is repealed, effective September 1, 2027. Before the repeal, the functions of the NPATCH are scheduled for review in accordance with section 2-3-1203.
C.R.S. § 12-240-125 — CO Code / Title 12 / Article 240 / Section 12-240-125
12-240-125. Disciplinary action by board - rules
Status: in_force

12-240-125. Disciplinary action by board - rules. (1) (a) The president of the board shall divide those members of the board other than the president into two panels of six members each, four of whom shall be physician members.

(b) Each panel shall act as both an inquiry and a hearings panel. Members of the board may be assigned from one panel to the other by the president. The president may be a member of both panels, but in no event shall the president or any other member who has considered a complaint as a member of a panel acting as an inquiry panel take any part in the consideration of a formal complaint involving the same matter.

(c) All matters referred to one panel for investigation shall be heard, if referred for formal hearing, by the other panel or a committee of that panel. However, in its discretion, either inquiry panel may elect to refer a case for formal hearing to a qualified administrative law judge in lieu of a hearings panel of the board, for an initial decision pursuant to section 24-4-105.

(d) The initial decision of an administrative law judge may be reviewed pursuant to section 24-4-105 (14) and (15) by the filing of exceptions to the initial decision with the hearings panel that would have heard the case if it had not been referred to an administrative law judge or by review upon the motion of the hearings panel. The respondent or the board's counsel shall file the exceptions.

(2) Investigations shall be under the supervision of the panel to which they are assigned. The persons making the investigation shall report the results thereof to the assigning panel for appropriate action.

(3) In the discharge of its duties, the board may enlist the assistance of other licensees. Licensees have the duty to report to the board any licensee known, or upon information and belief, to have violated any of the provisions of section 12-240-121 (1); except that a licensee who is treating another licensee for a behavioral, mental health, or substance use disorder or the excessive use of any habit-forming drug, shall not have a duty to report his or her patient unless, in the opinion of the treating licensee, the impaired licensee presents a danger to himself, herself, or others.

(4) (a) (I) Written complaints relating to the conduct of a licensee licensed or authorized to practice medicine in this state may be made by any person or may be initiated by an inquiry panel of the board on its own motion. The licensee complained of shall be given notice by first-class mail of the nature of the complaint and shall be given thirty days to answer or explain in writing the matters described in such complaint. Upon receipt of the licensee's answer or at the conclusion of thirty days, whichever occurs first, the inquiry panel may take further action as set forth in subsection (4)(a)(II) of this section.

(II) The inquiry panel may then conduct a further investigation, which may be made by one or more members of the inquiry panel, one or more licensees who are not members of the board, a member of the staff of the board, a professional investigator, or any other person or organization as the inquiry panel directs. The investigation shall be entirely informal.

(b) The board shall cause an investigation to be made when the board is informed of:

(I) Disciplinary actions taken by hospitals to suspend or revoke the privileges of a physician and reported to the board pursuant to section 25-3-107;

(II) Disciplinary actions taken as a result of a professional review proceeding pursuant to part 2 of article 30 of this title 12 against a physician. Disciplinary actions shall be promptly reported to the board.

(III) An instance of a medical malpractice settlement or judgment against a licensee reported to the board pursuant to section 10-1-120; or

(IV) Licensees who have been allowed to resign from hospitals for medical misconduct. Hospitals shall report the resignation.

(c) On completion of an investigation, the inquiry panel shall make a finding that:

(I) The complaint is without merit and no further action need be taken with reference thereto;

(II) There is no reasonable cause to warrant further action with reference thereto;

(III) There is an instance of conduct that does not warrant formal action by the board and should be dismissed, but the inquiry panel has noticed indications of possible errant conduct by the licensee that could lead to serious consequences if not corrected. In this case, the board shall send a confidential letter of concern in accordance with section 12-20-404 (5) to the licensee against whom the complaint was made.

(IV) There is an instance of misconduct that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit. In this case, the board may issue and send a letter of admonition to the licensee in accordance with section 12-20-404 (4).

(V) The investigation discloses facts that warrant further proceedings by formal complaint, as provided in subsection (5) of this section. In this case, the complaint shall be referred to the attorney general for preparation and filing of a formal complaint.

(d) All proceedings pursuant to this subsection (4) shall be expeditiously and informally conducted so that no licensee is subjected to unfair and unjust charges and that no complainant is deprived of his or her right to a timely, fair, and proper investigation of his or her complaint.

(5) (a) All formal complaints shall be heard and determined in accordance with subsection (5)(b) of this section and section 24-4-105. Except as provided in subsection (1) of this section, all formal hearings shall be conducted by the hearings panel. The licensee may be present in person and by counsel, if so desired, to offer evidence and be heard in his or her own defense. At formal hearings, the witnesses shall be sworn and a complete record shall be made of all proceedings and testimony.

(b) Except as provided in subsection (1) of this section, an administrative law judge shall preside at the hearing and shall advise the hearings panel, as requested, on legal matters in connection with the hearing. The administrative law judge shall provide advice or assistance as requested by the hearings panel in connection with its preparations of its findings and recommendations or conclusions to be made. The administrative law judge may act in accordance with section 12-20-403 and perform other duties as authorized by the hearings panel.

(c) (I) To warrant a finding of unprofessional conduct, the charges shall be established as specified in section 24-4-105 (7). Except as provided in subsection (1) of this section, the hearings panel shall make a report of its findings and conclusions that, when approved and signed by a majority of those members of the hearings panel who have conducted the hearing pursuant to subsections (5)(a) and (5)(b) of this section, shall be and become the action of the board.

(II) If it is found that the charges are unproven, the hearings panel, or an administrative law judge sitting in lieu of the hearings panel pursuant to subsection (1) of this section, shall enter an order dismissing the complaint.

(III) If the hearings panel finds the charges proven and orders that discipline be imposed, it shall also determine the extent of the discipline, which must be in the form of a letter of admonition, suspension for a definite or indefinite period, or revocation of license to practice. The hearings panel also may impose a fine of up to five thousand dollars per violation. In determining appropriate disciplinary action, the hearings panel shall first consider sanctions that are necessary to protect the public. Only after the panel has considered sanctions may it consider and order requirements designed to rehabilitate the licensee or applicant. If discipline other than revocation of a license to practice is imposed, the hearings panel may also order that the licensee be granted probation and allowed to continue to practice during the period of probation. The hearings panel may also include in any disciplinary order that allows the licensee to continue to practice such conditions as the panel may deem appropriate to assure that the licensee is physically, mentally, morally, and otherwise qualified to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in accordance with generally accepted professional standards of practice, including any or all of the following:

(A) Submission by the respondent to such examinations as the hearings panel may order to determine the respondent's physical or mental condition or the respondent's professional qualifications;

(B) Taking by the respondent of therapy or courses of training or education as may be needed to correct deficiencies found either in the hearing or by the examinations;

(C) Review or supervision of the respondent's practice as may be necessary to determine the quality of the respondent's practice and to correct deficiencies therein; and

(D) The imposition of restrictions upon the nature of the respondent's practice to assure that the respondent does not practice beyond the limits of the respondent's capabilities.

(IV) Upon the failure of the licensee to comply with any conditions imposed by the hearings panel pursuant to subsection (5)(c)(III) of this section, unless due to conditions beyond the licensee's control, the hearings panel may order suspension of the licensee's license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state until the licensee complies with the conditions.

(V) In making any of the orders provided in subsections (5)(c)(III) and (5)(c)(IV) of this section, the hearings panel may take into consideration the licensee's prior disciplinary record. If the hearings panel does take into consideration any prior discipline of the licensee, its findings and recommendations shall so indicate.

(VI) In all cases of revocation, suspension, or probation, the board shall enter in its records the facts of the revocation, suspension, or probation and of any subsequent action of the board with respect thereto.

(VII) In all cases involving alleged violations of section 12-240-121 (1)(dd), the board shall promptly notify the executive director of the department of public health and environment of its findings, including whether it found that the physician violated section 12-240-121 (1)(dd) and any restrictions it placed on the physician with respect to recommending the use of medical marijuana.

(d) The attorney general shall prosecute those charges that have been referred to the attorney general by the inquiry panel pursuant to subsection (4)(c)(V) of this section. The board may direct the attorney general to perfect an appeal.

(e) The two-year waiting period specified in section 12-20-404 (3) applies to any person whose license to practice medicine, to practice as a physician assistant, to practice as an anesthesiologist assistant, or to practice any other health-care occupation is revoked by the board, another applicable regulator, or any other legally qualified board or regulatory entity.

(6) A majority of the members of the board, three members of the inquiry panel, or three members of the hearings panel shall constitute a quorum. The action of a majority of those present comprising a quorum shall be the action of the board, the inquiry panel, or the hearings panel.

(7) If any licensee is determined to be mentally incompetent or insane by a court of competent jurisdiction and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of continuing to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, the board shall automatically suspend the licensee's license, and, anything in this article 240 to the contrary notwithstanding, the suspension must continue until the licensee is found by the court to be competent to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant.

(8) (a) If the board has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety to patients because of a condition described in section 12-240-121 (1)(e) or (1)(i), it may require the licensee to submit to mental or physical examinations by physicians designated by the board. If a licensee fails to submit to the mental or physical examinations, the board may suspend the license until the required examinations are conducted.

(b) Every licensee shall be deemed, by practicing or by applying for annual registration of the person's license, to have consented to submit to mental or physical examinations when directed in writing by the board. Further, the person shall be deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground of privileged communication. Subject to applicable federal law, the licensee shall be deemed to have waived all objections to the production of medical records to the board from health-care providers that may be necessary for the evaluations described in subsection (8)(a) of this section.

(c) The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than before the board.

(9) (a) Investigations, examinations, hearings, meetings, or any other proceedings of the board conducted pursuant to this section shall be exempt from any law requiring that proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to this section be open to public inspection. This subsection (9) shall not apply to investigations, examinations, hearings, meetings, or any other proceedings or records of the licensing panel created pursuant to section 12-240-116 related to the unlicensed practice of medicine.

(b) For purposes of the records related to a complaint filed pursuant to this section against a licensee, the board is considered a professional review committee, the records related to the complaint include all records described in section 12-30-202 (8), and section 12-30-204 (12) applies to those records.

(10) A licensee who, at the request of the board, examines another licensee shall be immune from suit for damages by the person examined if the examining person conducted the examination and made his or her findings or diagnosis in good faith.

(11) Within thirty days after the board takes final action, which is of public record, to revoke or suspend a license or to place a licensee on probation based on competence or professional conduct, the board shall send notice of the final action to any hospital in which the licensee has clinical privileges, as indicated by the licensee.

(12) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; except that the board:

(a) May also issue a cease-and-desist order on its own motion; and

(b) May only issue a cease-and-desist order when it appears that a licensee is acting in a manner that is an imminent threat to the health and safety of the public.

(13) If a physician has a restriction placed on his or her license, the restriction shall, if practicable, state whether the restriction prohibits the physician from making a medical marijuana recommendation.
C.R.S. § 12-200-118 — CO Code / Title 12 / Article 200 / Section 12-200-118
12-200-118. Repeal of article - review of functions
Status: repealed

12-200-118. Repeal of article - review of functions. This article 200 is repealed, effective September 1, 2033. Before the repeal, the licensing functions of the director are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-300-116 — CO Code / Title 12 / Article 300 / Section 12-300-116
12-300-116. Repeal of article - review of functions
Status: repealed

12-300-116. Repeal of article - review of functions. This article 300 is repealed, effective September 1, 2035. Before the repeal, the licensure functions of the director under this article 300 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-315-120 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-120
12-315-120. Reporting requirements - immunity for reporting - veterinary-patient-client priv
Status: in_force

12-315-120. Reporting requirements - immunity for reporting - veterinary-patient-client privilege inapplicable. (1) A licensed veterinarian who, during the course of attending or treating an animal, has reasonable cause to know or suspect that the animal has been subjected to cruelty in violation of section 18-9-202, or subjected to animal fighting in violation of section 18-9-204, shall report or cause a report to be made of the animal cruelty or animal fighting to a local law enforcement agency or the bureau of animal protection.

(2) A licensed veterinarian shall not knowingly make a false report of animal cruelty or animal fighting to a local law enforcement agency or to the bureau of animal protection.

(3) A licensed veterinarian who willfully violates the provisions of subsection (1) or (2) of this section commits a petty offense, punishable as provided in section 18-1.3-503.

(4) A licensed veterinarian who in good faith reports a suspected incident of animal cruelty or animal fighting to the proper authorities in accordance with subsection (1) of this section shall be immune from liability in any civil or criminal action brought against the veterinarian for reporting the incident. In any civil or criminal proceeding in which the liability of a veterinarian for reporting an incident described in subsection (1) of this section is at issue, the good faith of the veterinarian shall be presumed.

(5) The veterinary-patient-client privilege described in section 24-72-204 (3)(a)(XIV) may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
C.R.S. § 12-240-128 — CO Code / Title 12 / Article 240 / Section 12-240-128
12-240-128. Physician training licenses
Status: in_force

12-240-128. Physician training licenses. (1) Any person serving an approved internship, residency, or fellowship, as defined by this article 240, in a hospital in this state may do so for an aggregate period of up to six years under the authority of a physician training license issued pursuant to this section and without a license to practice medicine issued pursuant to section 12-240-110 or 12-240-114.

(2) No person shall be granted a physician training license unless the person meets the following criteria:

(a) The person has been accepted into and demonstrates the intention to participate in an approved internship, residency, or fellowship, as defined by this article 240; and

(b) The person is not otherwise licensed to practice medicine in this state.

(3) The board may refrain from issuing a physician training license, or may grant a physician training license subject to terms or probation, for any of the reasons listed in section 12-240-120 (1)(a), (1)(b), or (1)(c). An applicant whose physician training license is denied or is granted subject to terms of probation may seek review pursuant to section 24-4-104 (9); except that, if an applicant accepts a physician training license that is subject to terms of probation, acceptance shall be in lieu of and not in addition to the remedies set forth in section 24-4-104 (9).

(4) Except as provided in subsection (3) of this section, the board shall issue a physician training license upon receipt of a statement from the approved internship, residency, or fellowship program stating that the applicant meets the criteria set forth in subsection (2) of this section and that the approved internship, residency, or fellowship accepts responsibility for the applicant's training while in the program. The statement shall be signed by the program director, clinical director, or other physician responsible for the training of the applicant. The statement shall be submitted to the board no later than thirty days prior to the date on which the applicant begins the approved internship, residency, or fellowship in this state.

(5) Where feasible, the applicant shall submit a completed application, on a form approved by the board, on or before the date on which the applicant begins the approved internship, residency, or fellowship in this state. Any physician training license granted pursuant to this section shall expire if a completed application is not received by the board sixty days after the applicant begins the approved internship, residency, or fellowship in this state. The board may establish and charge an application and renewal fee not to exceed fifty dollars for physician training licenses pursuant to section 12-20-105. Applicants and renewal applicants shall not be required to pay any fee pursuant to section 12-240-131.

(6) Except as otherwise provided in this section, a physician training license shall be subject to renewal as set forth in section 12-240-130 (1) and (2). In no event shall any person hold a Colorado physician training license for more than an aggregate period of six years.

(7) A physician training licensee may practice medicine as defined by this article 240 with the following restrictions:

(a) A physician training licensee shall be authorized to practice medicine only under the supervision of a physician licensed to practice medicine pursuant to section 12-240-110 or 12-240-114 and only as necessary for the physician training licensee's participation in the approved internship, residency, or fellowship designated on the licensee's application for a physician training license.

(b) (I) A physician training license shall expire:

(A) Within sixty days under the circumstances described in subsection (5) of this section;

(B) At the time the physician training licensee ceases to participate in the approved internship, residency, or fellowship program identified on the licensee's application form; or

(C) At the time the physician training licensee obtains any other license to practice medicine issued by the board.

(II) If a physician training licensee entered an approved internship, residency, or fellowship other than the approved internship, residency, or fellowship indicated on the licensee's application, the licensee shall file a new application with the board pursuant to subsections (4) and (5) of this section.

(c) A physician training licensee shall not:

(I) Delegate the rendering of medical services to a person who is not licensed to practice medicine pursuant to section 12-240-107 (3)(l); or

(II) Enter into a collaborative agreement with physician assistants as described in sections 12-240-107 (6) and 12-240-114.5.

(d) The issuance of a physician training license shall not be construed to require the board to issue the physician training licensee a license to practice medicine pursuant to section 12-240-110 or 12-240-114.

(8) A physician training licensee may be disciplined for unprofessional conduct as defined in section 12-240-121, pursuant to the procedures outlined in section 12-240-125.

(9) Licensed physicians responsible for the supervision of interns, residents, or fellows in graduate training programs shall report to the board no later than thirty days after a physician training licensee has been terminated or has resigned from the approved internship, residency, or fellowship.
C.R.S. § 12-295-115 — CO Code / Title 12 / Article 295 / Section 12-295-115
12-295-115. Surrender of license
Status: in_force

12-295-115. Surrender of license. (1) Prior to the initiation of an investigation or hearing, any licensee may surrender his or her license to practice as a psychiatric technician.

(2) Following the initiation of an investigation or hearing and upon a finding that to do so would be in the public interest, the board may allow a licensee to surrender his or her license to practice.

(3) The board shall not issue a license to a former licensee whose license has been surrendered unless the licensee meets all of the requirements of this article 295 for a new applicant, including passing an examination.

(4) The surrender of a license in accordance with this section removes all rights and privileges to practice as a psychiatric technician, including renewal of a license.
C.R.S. § 12-15-106 — CO Code / Title 12 / Article 15 / Section 12-15-106
12-15-106. Conservation easement tax credit certificate application process - definitions -
Status: repealed

12-15-106. Conservation easement tax credit certificate application process - definitions - rules. (1) For purposes of this section:

(a) "Application" means an application for a tax credit certificate submitted pursuant to section 12-15-105 or this section.

(b) "Conservation purpose" means conservation purpose as defined in section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section.

(c) "Credibility" means the results are worthy of belief and are supported by relevant evidence and logic to the degree necessary for the intended use.

(d) "Deficiency" means noncompliance with a requirement for obtaining a tax credit certificate that, unless the noncompliance is remedied, is grounds for the denial of a tax credit certificate application submitted pursuant to this section.

(e) "Director" means the director of the division of conservation or his or her designee.

(f) "Landowner" means the record owner of the surface of the land and, if applicable, owner of the water or water rights beneficially used thereon who creates a conservation easement in gross pursuant to section 38-30.5-104.

(g) "Tax credit certificate" means the conservation easement tax credit certificate issued pursuant to section 12-15-105 and this section.

(2) (a) The division shall establish and administer a process by which a landowner seeking to claim an income tax credit for any conservation easement donation made on or after January 1, 2014, must apply for a tax credit certificate as required by section 39-22-522 (2.5) and (2.7). The purpose of the application process is to determine whether a conservation easement donation for which a tax credit will be claimed:

(I) Is a contribution of a qualified real property interest to a qualified organization to be used exclusively for a conservation purpose;

(II) Is substantiated with a qualified appraisal prepared by a qualified appraiser in accordance with the substance and principles of uniform standards of professional appraisal practice or an alternative method acceptable to the division and the commission; and

(III) Complies with the requirements of this section.

(b) The landowner has the burden of proof regarding compliance with all applicable laws, rules, and regulations.

(3) For the purpose of reviewing applications and making determinations regarding the issuance of tax credit certificates, including the dollar amount of the tax credit certificate to be issued:

(a) Division staff shall review each application and advise and make recommendations to the director and the commission regarding the application.

(b) The director has authority and responsibility to determine the credibility of the appraisal. In determining credibility, the director shall consider, at a minimum, compliance with the following requirements:

(I) The appraisal for a conservation easement donation for which a tax credit is claimed pursuant to section 39-22-522 is a qualified appraisal from a qualified appraiser, as defined in section 170 (f) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section;

(II) The appraisal conforms with the substance and principles of the uniform standards of professional appraisal practice promulgated by the Appraisal Standards Board of the Appraisal Foundation and any other provision of law; and

(III) The appraiser holds a valid license as a certified general appraiser in accordance with part 6 of article 10 of this title 12.

(IV) Repealed.

(c) The director has the authority and responsibility to determine compliance with the requirements of section 12-15-104.

(d) The commission has the authority and responsibility to determine whether a conservation easement donation for which a tax credit is claimed pursuant to section 39-22-522 is a qualified conservation contribution as defined in section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section.

(4) The department of revenue is not authorized to disallow a conservation easement tax credit based on any requirements that are under the jurisdiction of the division, the director, or the commission pursuant to this section.

(5) A complete tax credit certificate application must be made by the landowner to the division and must include:

(a) A copy of the final conservation easement appraisal;

(b) A copy of the recorded deed granting the conservation easement;

(c) Documentation supporting the conservation purpose of the easement;

(d) Any other information or documentation the director or the commission deems necessary to make a final determination regarding the application; and

(e) The fee required pursuant to subsection (6) of this section.

(6) A landowner submitting an application for a tax credit certificate pursuant to this section or an application for an optional preliminary advisory opinion pursuant to subsection (14) of this section shall pay the division a fee as prescribed by the division. The application fee for an optional preliminary advisory opinion may be a different dollar amount than the application fee for a tax credit certificate. The fees must be adequate to pay for the administrative costs of the division and the commission in administering the requirements of this section, but not so high as to act as a disincentive to the creation of conservation easements in the state. The state treasurer shall credit the fees collected pursuant to this subsection (6) to the conservation cash fund created in section 12-15-107. On or before January 1, 2014, and on or before each January 1 thereafter, the division shall certify to the general assembly the amount of any fees prescribed by the division pursuant to this subsection (6).

(7) (a) If, during the review of an application for a tax credit certificate, the director or the commission identifies any potential deficiencies, the director or commission shall document the potential deficiencies in a letter sent to the landowner by first-class mail. The division shall send letters documenting potential deficiencies to landowners in a timely manner so that the number of days between the date a completed application is received by the division and the mailing date of the division's letter to the landowner does not exceed one hundred twenty days.

(b) The landowner has sixty days after the mailing date of the division's letter to address the potential deficiencies identified by the director and the commission and provide additional information or documentation that the director or the commission deems necessary to make a final determination regarding the application.

(c) The director and the commission have ninety days after the date of receipt of any additional information or documentation provided by the landowner to review the information and documentation and make a final determination regarding the application.

(d) The deadlines prescribed by this subsection (7) may be extended upon mutual agreement between the director and the commission and the landowner.

(8) The director or the commission may deny an application if the landowner:

(a) Has not demonstrated to the satisfaction of the director or the commission that the application complies with any requirement of this article 15;

(b) Does not provide the information and documentation required pursuant to this article 15; or

(c) Fails to timely respond to any written request or notice from the division, the director, or the commission.

(9) If the director reasonably believes that any appraisal submitted in accordance with this section is not credible, the director, after consultation with the commission, may request that the landowner, at the landowner's expense, obtain either a second appraisal or a review of the appraisal submitted with the application from an appraiser who meets the requirements of part 6 of article 10 of this title 12 and is in good standing with the board of real estate appraisers before making a final determination regarding the application.

(10) If the director and the commission do not identify any potential deficiencies with an application, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105 in a timely manner so that the number of days between the date a completed application is received by the division and the date the tax credit certificate is issued does not exceed one hundred twenty days. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39. The deadline prescribed by this subsection (10) may be extended upon mutual agreement of the director, the commission, and the landowner.

(11) (a) If all potential deficiencies that have been identified are subsequently addressed to the satisfaction of the director and the commission, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39.

(b) If any potential deficiencies that have been identified are not subsequently addressed to the satisfaction of the director and the commission, the division shall issue a written denial of the application to the landowner documenting those deficiencies that were the specific basis for the denial. The division shall date the written denial and send it by first-class mail to the landowner at the address provided by the landowner on the application. The director may act on behalf of the commission for purposes of administering the process for issuing approvals and denials of applications and for administering subsection (12) of this section.

(12) (a) The landowner may appeal to the director either the director's or the commission's denial of an application, in writing, within thirty days after the issuance of the denial. This written appeal constitutes a request for an administrative hearing.

(b) If the landowner fails to appeal the denial of an application within thirty days after the issuance of the denial, the denial becomes final, and the division shall not issue a tax credit certificate to the landowner.

(c) Administrative hearings must be conducted in accordance with section 24-4-105. At the discretion of the director, hearings may be conducted by an authorized representative of the director or the commission or an administrative law judge from the office of administrative courts in the department of personnel. All hearings must be held in the county where the division is located unless the director designates otherwise. The decision of the director or the commission is subject to judicial review by the court of appeals and is subject to the provisions of section 24-4-106.

(d) In conducting settlement discussions with a landowner, the director and the commission may compromise on any of the deficiencies identified in the application and supporting documentation, including the dollar amount of the tax credit certificate to be issued. The director shall place on file in the division a record of any compromise and the reasons for the compromise.

(e) The director may promulgate rules pursuant to article 4 of title 24 to effectuate the purposes of this subsection (12).

(13) (a) Commencing with the 2014 calendar year, and for each calendar year thereafter, the division shall create a report, which shall be made available to the public, containing the following aggregate information:

(I) The total number of tax credit certificate applications received, approved, and denied in accordance with this section, along with average processing times;

(II) For applications approved in accordance with this section:

(A) The total acreage under easement summarized by the allowable conservation purposes as defined in section 170 (h) of the federal "Internal Revenue Code of 1986", as amended, and any federal regulations promulgated in connection with that section;

(B) The total appraised value of the easements;

(C) The total donated value of the easements; and

(D) The total dollar amount of tax credit certificates issued.

(b) The division may include additional easement-specific information in the public report that, notwithstanding the provisions of this article 15 or any other law to the contrary, would otherwise be publicly available.

(c) The director is authorized to share publicly available information regarding conservation easements with a third-party vendor for the purpose of developing and maintaining a registry of conservation easements in the state with a corresponding map displaying the boundaries of each easement in the state relative to county boundaries and other relevant mapping information. For purposes of this subsection (13)(c), "publicly available information" means any document showing evidence of its recordation in the records of a county clerk and recorder or other information readily available to the general public. Prior to sharing the information, the director shall consult with the commission regarding the appropriate types of information and the methods used for collecting the information. The department of regulatory agencies shall annually report on the information contained in the registry as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The information to be shared shall include the following:

(I) Any deeds, contracts, or other instruments creating, assigning, or terminating the easement, including the reception numbers on all instruments;

(II) The location and acreage of each easement, delineated by county;

(III) The name of the original grantor of the easement and the name of the original grantee of the easement;

(IV) Whether the holder of the easement is a certified organization pursuant to section 12-15-104;

(V) The conservation purposes of the easement; and

(VI) If a tax credit was issued.

(14) (a) In addition to the tax credit certificate application process set forth in this section, a landowner may submit a proposed conservation easement donation to the division to obtain an optional preliminary advisory opinion regarding the transaction. The opinion may address the proposed deed of conservation easement, appraisal, conservation purpose, or other relevant aspect of the transaction.

(b) The division, the director, and the commission shall review the information and documentation provided in a manner consistent with the scope of their authority and responsibilities for reviewing tax credit certificate applications as outlined in subsection (3) of this section and issue either a favorable opinion or a nonfavorable opinion.

(c) The director or the commission may request that the landowner submit additional information or documentation that the director or the commission deems necessary to complete the review and issue an opinion.

(d) A nonfavorable opinion shall set forth any potential deficiencies identified by the director or the commission and that fall within the scope of the director's and the commission's review of the conservation easement transaction. The preliminary opinion is advisory only and is not binding for any purpose upon the division, the director, the commission, or the department of revenue.

(14.5) (a) The division shall convene a working group in conjunction with the department of law and the department of revenue to develop proposed statutes and regulations for the following:

(I) An alternative method to the appraisal process set forth in section 39-22-522 (3.3) to establish the amount of tax credits for which a qualified conservation easement contribution would be eligible;

(II) A process to provide retroactive tax credits, payments, or refunds to taxpayers who claimed credits pursuant to section 39-22-522 between January 1, 2000, and December 31, 2013, and whose tax credits were denied in whole or in part, including the development of eligibility criteria for receiving such retroactive tax credits, payments, or refunds; and

(III) Recommendations for administering orphaned conservation easements.

(b) The working group shall consist of eight members. The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint two members to the working group prior to June 1, 2019. In making appointments, consideration should be given to appointing individuals who are certified easement holders, taxpayers who have considered conveying a conservation easement or conveyed a conservation easement and claimed a tax credit, conservation easement appraisers, and conservation attorneys. The working group shall convene its first meeting in a hearing room at the state capitol building at 9:00 a.m. on June 25, 2019. The working group shall select a chairperson at the first meeting. At each meeting of the working group, it shall designate the date, place, and time of its next meeting.

(c) The working group shall submit a report to the rural affairs and agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate by no later than December 1, 2019. The report must include any recommendations for legislation or rule-making to address the issues addressed pursuant to this subsection (14.5).

(15) The division may promulgate rules to effectuate the purpose, implementation, and administration of this section pursuant to article 4 of title 24. The authority to promulgate rules includes the authority to:

(a) Define further in rule the administrative processes and requirements, including application processing and review time frames, for obtaining and issuing an optional preliminary advisory opinion pursuant to subsection (14) of this section; and

(b) Adopt best practices, processes, and procedures used by other entities that regularly review conservation easement transactions, including a practice, process, or procedure deeming qualified conservation easement appraisals approved by these entities based on their independent reviews as credible for purposes of the conservation easement tax credit.

(16) Notwithstanding the provisions of the "Colorado Open Records Act", part 2 of article 72 of title 24, the division, the director, and the commission shall deny the right of public inspection of any documentation or other record related to information obtained as part of an individual landowner's application for a tax credit certificate or an optional preliminary advisory opinion pursuant to the requirements of this section, including documentation or other records related to administrative hearings and settlement discussions held pursuant to subsection (12) of this section. The division, the director, and the commission may share documentation or other records related to information obtained pursuant to this section with the department of revenue.

(17) Nothing in this section affects any tax credit that is claimed or used pursuant to section 39-22-522 for conservation easement donations occurring prior to January 1, 2014.
C.R.S. § 12-105-112 — CO Code / Title 12 / Article 105 / Section 12-105-112
12-105-112. Registration for places of business
Status: in_force

12-105-112. Registration for places of business. (1) Each owner of a place of business shall register with the director. The director shall maintain a registry of the places of business. The director is authorized to establish and collect a fee that is based on the director's actual costs associated with the maintenance of the registry.

(2) If an applicant for registration has paid the required fee and complied with the requirements of this article 105, the director shall issue the registration. The registration must be conspicuously displayed in the place of business.

(3) It is unlawful for a place of business to offer barbering, cosmetology, hairstyling, or esthetician or nail technician services in this state unless the place of business is registered with the director.
C.R.S. § 12-20-403 — CO Code / Title 12 / Article 20 / Part 4 / Section 12-20-403
12-20-403. Disciplinary procedures - investigations - hearings - oaths - witness statements
Status: in_force

12-20-403. Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge - driver's history - acting as an official. (1) In accordance with article 4 of title 24 and the part or article of this title 12 governing the particular profession or occupation over which a regulator has regulatory authority, a regulator may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the regulator's powers and duties.

(2) (a) In order to aid the regulator in any hearing or investigation instituted pursuant to this section, the regulator or an administrative law judge appointed pursuant to subsection (3) of this section may administer oaths, take affirmations of witnesses, and issue subpoenas compelling the attendance of witnesses and the production of all relevant records, papers, books, documentary evidence, and materials in any hearing, investigation, accusation, or other matter before the regulator or an administrative law judge.

(b) (I) Upon failure of any witness, licensee, certificate holder, or registrant to comply with a subpoena or process, the district court of the county in which the subpoenaed person, licensee, certificate holder, or registrant resides or conducts business, upon application by the regulator with notice to the subpoenaed person, licensee, certificate holder, or registrant, may issue to the person, licensee, certificate holder, or registrant an order requiring that person, licensee, certificate holder, or registrant to:

(A) Appear before the regulator;

(B) Produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or

(C) Give evidence touching the matter under investigation or in question.

(II) If the person, licensee, certificate holder, or registrant fails to obey the order of the court, the court may hold the person, licensee, certificate holder, or registrant in contempt of court.

(c) For purposes of the regulation of nontransplant tissue banks under article 140 of this title 12, the authority granted under subsection (2)(a) of this section does not apply with respect to investigations.

(3) The regulator may appoint an administrative law judge pursuant to part 10 of article 30 of title 24 and, if otherwise authorized in the part or article of this title 12 governing the particular profession or occupation, may employ an administrative law judge or hearing officer, to conduct hearings, take evidence, make findings, and report the findings to the regulator.

(4) (a) Unless subsection (4)(b) of this section applies, a regulator shall not consider an event within the driver's history of a licensee, certificant, or registrant when determining:

(I) Whether to impose discipline;

(II) The type of discipline to impose; or

(III) The severity of discipline to impose.

(b) A regulator may consider an event within a driver's history if:

(I) The event is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; and

(II) (A) The operation of a motor vehicle is a duty of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered;

(B) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; or

(C) The event occurred within three years before the act upon which the discipline is based.

(5) (a) Except as provided in subsection (5)(d) of this section, a regulator shall dismiss an anonymous complaint made against a licensee, certificant, or registrant if the basis for the anonymous complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as:

(I) An elected official of the state of Colorado or of a political subdivision of Colorado; or

(II) A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado.

(b) A regulator may dismiss a complaint made against a licensee, certificant, or registrant if:

(I) The complaint is not made anonymously; and

(II) The basis for the complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as:

(A) An elected official of the state of Colorado or of a political subdivision of Colorado; or

(B) A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado.

(c) For the regulator to dismiss a complaint in accordance with this subsection (5), the licensee, certificant, or registrant that is the subject of the complaint need not respond to or provide evidence concerning the complaint. The dismissal is automatic.

(d) This subsection (5) does not apply to words said to or actions committed for a specific person when the licensee, certificant, or registrant is speaking or acting in the licensee's, certificant's, or registrant's capacity as a member of the occupation the person is licensed, certified, or registered to perform.
C.R.S. § 12-290-102 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-102
12-290-102. Definitions
Status: in_force

12-290-102. Definitions. As used in this article 290, unless the context otherwise requires:

(1) "Board" means the Colorado podiatry board established pursuant to section 12-290-105.

(2) "Podiatric physician" or "podiatrist" means any person who practices podiatry.

(3) (a) "Practice of podiatry" or "podiatric medicine" means:

(I) Holding out one's self to the public as being able to treat, prescribe for, palliate, correct, or prevent any disease, ailment, pain, injury, deformity, or physical condition of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue below the mid-calf, by the use of any medical, surgical, mechanical, manipulative, or electrical treatment, including complications thereof consistent with the scope of practice;

(II) Suggesting, recommending, prescribing, or administering any podiatric form of treatment, operation, or healing for the intended palliation, relief, or cure of any disease, ailment, injury, condition, or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including complications thereof consistent with the scope of practice; and

(III) Maintaining an office or other place for the purpose of examining and treating persons afflicted with disease, injury, or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including the complications thereof consistent with the scope of practice.

(b) The "practice of podiatry" does not include the amputation of the foot or the administration of an anesthetic other than a local anesthetic.

(c) A podiatrist may only treat a soft tissue wound below the mid-calf if the patient is being treated by a physician for his or her underlying medical condition or if the podiatrist refers the patient to a physician for further treatment of the underlying medical condition.

(4) "Soft tissue wound" means a lesion to the musculoskeletal junction that include dermal and sub-dermal tissue that do not involve bone removal or repair or muscle transfer.
C.R.S. § 12-285-114 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-114
12-285-114. Expiration and renewal of licenses
Status: in_force

12-285-114. Expiration and renewal of licenses. Licenses issued pursuant to this article 285 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose license has expired is subject to the penalties provided in this article 285 and section 12-20-202 (1).
C.R.S. § 12-30-122 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-122
12-30-122. Intimate examination of sedated or unconscious patient - informed consent requir
Status: in_force

12-30-122. Intimate examination of sedated or unconscious patient - informed consent required - definitions. (1) (a) (I) Except as provided in subsection (1)(b) of this section, neither a licensee nor a student or trainee under the supervision of a licensee shall perform an intimate examination of a sedated or unconscious patient unless the patient has provided specific informed consent to the examination in accordance with subsection (2) of this section.

(II) In addition to the requirement to obtain a patient's specific informed consent, a student or trainee may perform an intimate examination of a sedated or unconscious patient for educational or training purposes only if:

(A) The examination is related to the planned procedure to be performed on the patient;

(B) The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and

(C) The student or trainee is under the direct supervision of the licensee responsible for supervising the student or trainee.

(b) The requirements of subsection (1)(a) of this section do not apply to:

(I) A licensee who performs an intimate examination of a patient who is sedated or unconscious without obtaining the patient's specific informed consent in emergency situations when the intimate examination is medically necessary for the life or well-being of the patient, but the licensee must make a record of performing the examination without obtaining the patient's specific informed consent, including an explanation of the reason for not obtaining the patient's consent, and the record must be provided to the patient prior to discharge; or

(II) A licensee who has obtained the patient's consent to provide health care that includes an intimate examination if the licensee has informed the patient of the intimate examination in the course of obtaining the patient's consent to the health care.

(2) To obtain specific informed consent to perform an intimate examination on a sedated or unconscious patient, a licensee shall, during a preoperative appointment before the procedure at which the examination will be performed or, in the absence of a preoperative appointment, as soon as possible before the intimate examination occurs:

(a) Provide a written or electronic document to the patient, separate from any other notice or agreement, that:

(I) Includes the following heading at the top of the document, in no smaller than eighteen-point, bold-faced type: "CONSENT FOR EXAMINATION OF BREASTS, PELVIC REGION, RECTUM, AND/OR PROSTATE";

(II) Specifies the nature and purpose of the intimate examination;

(III) Names one or more licensees whom the patient may authorize to perform the intimate examination;

(IV) States whether there may be one or more students or trainees whom the patient may authorize to perform an intimate examination for educational or training purposes or to observe or otherwise be present at the examination, either in person or through electronic means, and identifies the students or trainees by name; and

(V) Provides the patient the ability to consent to or decline the following:

(A) An intimate examination for diagnosis or treatment, to be performed by a licensee;

(B) An intimate examination for educational or training purposes, to be performed by a licensee; and

(C) One or more, but no more than three, additional intimate examinations for educational or training purposes, to be performed by up to three different students or trainees;

(b) Obtain the signature of the patient on the written or electronic document; and

(c) Sign the written or electronic document.

(3) (a) For purposes of complying with subsection (2) of this section, a licensee may:

(I) Develop and use its own written or electronic document, so long as the document satisfies the requirements of subsection (2) of this section; or

(II) Use a written or electronic document developed by the licensed health-care facility where the licensee will be performing the intimate examination or developed by the department of public health and environment, in accordance with section 25-3-130 (3), for use by health-care providers, so long as the document satisfies the requirements of subsection (2) of this section.

(b) The licensee shall make the completed, signed specific informed consent document available to the patient.

(4) (a) A licensee, student, or trainee who violates this section, or who retaliates against an individual, including a whistleblower, for filing a complaint regarding a violation of this section with the regulator of the licensee, student, or trainee or with the department of public health and environment or for otherwise complaining to the licensed health-care facility where the patient received an intimate examination or to any other person, engages in unprofessional conduct, commits an act that is grounds for discipline, and is subject to discipline pursuant to section 12-225-109, 12-240-121, or 12-255-120, as applicable.

(b) A patient who has been subjected to an intimate examination in violation of this section may file a civil action for damages in a court of competent jurisdiction. Such action is not a medical malpractice action, and the limitation on damages for noneconomic loss or injury established pursuant to section 13-21-102.5 applies to any award to the patient for noneconomic damages.

(5) Nothing in this section affects the ability to perform a medical forensic examination, including the collection of evidence, in connection with an alleged sexual assault or other crime or the investigation of an alleged sexual assault or other crime, pursuant to applicable laws.

(6) As used in this section:

(a) "Health-care provider" means a licensee or a licensed health-care facility where a patient is receiving care.

(b) (I) "Intimate examination" means palpation of a breast or an internal pelvic, prostate, or rectal examination.

(II) "Intimate examination" does not include a visual examination of a part of the body specified in subsection (6)(b)(I) of this section that occurs incidental to the care being provided.

(c) "Licensed health-care facility" means a health-care facility licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a) and includes an individual authorized to act on behalf of the health-care facility.

(d) "Licensee" means:

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

(II) A person who holds a physician training license issued pursuant to section 12-240-128 and is:

(A) A resident enrolled in an approved residency, as defined in section 12-240-104 (4);

(B) An intern enrolled in an approved internship, as defined in section 12-240-104 (2); or

(C) A fellow enrolled in an approved fellowship, as defined in section 12-240-104 (1);

(III) An advanced practice registered nurse, as defined in section 12-255-104 (1); a registered nurse, as defined in section 12-255-104 (11); or a midwife, other than a direct-entry midwife or certified nurse midwife, practicing in this state whose scope of practice includes performing intimate examinations; or

(IV) A direct-entry midwife registered pursuant to article 225 of this title 12.

(e) "Patient" means an individual under the care of a health-care provider or the patient's authorized representative.

(f) "Patient's authorized representative" means an individual who is authorized to make health-care decisions for or exercise rights on behalf of the patient, including, for a patient who is under eighteen years of age, the parent or legal guardian of, or the individual standing in loco parentis to, the patient.

(g) "Regulator" means:

(I) For licensees described in subsections (6)(d)(I) and (6)(d)(II) of this section, the Colorado medical board created in section 12-240-105;

(II) For licensees described in subsection (6)(d)(III) of this section, the state board of nursing created in section 12-255-105; and

(III) For licensees described in subsection (6)(d)(IV) of this section, the director.

(h) "Student" means an individual currently enrolled in:

(I) An approved medical college, as defined in section 12-240-104 (3);

(II) An approved education program, as defined in section 12-255-104 (2), for professional nursing; or

(III) A training program approved by the director, as described in section 12-225-104 (4)(c).

(i) "Trainee" means an individual enrolled in or otherwise participating in training, practical experience, practicum, or any other experiential or clinical program that is required pursuant to article 225, 240, or 255 of this title 12 for the individual to become a licensee.

(j) "Whistleblower" means an individual who has knowledge of an alleged violation of this section.
C.R.S. § 12-215-103 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-103
12-215-103. Definitions
Status: in_force

12-215-103. Definitions. As used in this article 215, unless the context otherwise requires:

(1) "Acupuncture" means the puncture of the skin with fine needles for diagnostic and therapeutic purposes.

(2) (a) "Animal chiropractic" means diagnosing and treating animal vertebral subluxation through chiropractic adjustment of the spine or extremity articulations of fully awake dogs and equids. The chiropractic adjustment may be performed only with the hands or with the use of a handheld low-force mechanical adjusting device functionally equivalent to the device known as an activator; all other equipment is prohibited.

(b) "Animal chiropractic" does not include:

(I) Performing veterinary medical care and diagnosis;

(II) Performing surgery;

(III) Dispensing or administering medications, dietary or nutritional supplements, herbs, essences, nutraceutical products, or anything else supplied orally, rectally, by inhalation, by injection, or topically except topically applied heat or cold;

(IV) Generating radiographic images or performing imaging procedures, including thermography;

(V) Performing acupuncture, or any treatment activity other than chiropractic adjustment;

(VI) Providing magnetic or other nonmanual treatment techniques, colonics, colored-light therapy, homeopathy, radionics, or vitamin therapy;

(VII) Venipuncture;

(VIII) Making diagnoses by methods such as live cell analysis, pendulum divining, iridology, hair analysis, nutritional deficiency questionnaires, herbal crystallization analysis, or food allergy testing.

(3) "Animal vertebral subluxation" means a lesion or dysfunction in a joint or motion segment in which alignment, movement integrity, or physiological function are altered, although contact between joint surfaces remains intact, that may influence biomechanical and neural integrity. Diagnosis of animal vertebral subluxation typically involves evaluation of gait and radiographs, and static and motion palpation techniques that are used to identify joint dysfunction. Diagnosis of animal vertebral subluxation does not include methods such as applied kinesiology, reflexology, pendulum divining, or thermography.

(4) "Chiropractic" means that branch of the healing arts that is based on the premise that disease is attributable to the abnormal functioning of the human nervous system. It includes the diagnosing and analyzing of human ailments and seeks the elimination of the abnormal functioning of the human nervous system by the adjustment or manipulation, by hand or instrument, of the articulations and adjacent tissue of the human body, particularly the spinal column, and the use as indicated of procedures that facilitate the adjustment or manipulation and make it more effective and the use of sanitary, hygienic, nutritional, and physical remedial measures for the promotion, maintenance, and restoration of health, the prevention of disease, and the treatment of human ailments. "Chiropractic" includes the use of venipuncture for diagnostic purposes. "Chiropractic" does not include colonic irrigation therapy. "Chiropractic" includes treatment by acupuncture when performed by an appropriately trained chiropractor as determined by the Colorado state board of chiropractic examiners. Nothing in this section shall apply to persons using acupuncture not licensed by the board.

(5) "Chiropractic adjustment" means the application, by hand, by a trained chiropractor who has fulfilled the educational and licensing requirements of this article 215, of adjustive force to correct subluxations, fixations, structural distortions, abnormal tensions, and disrelated structures, or to remove interference with the transmission of nerve force. The application of the dynamic adjustive thrust is designed and intended to produce and usually elicits audible and perceptible release of tensions and movement of tissues or anatomical parts for the purpose of removing or correcting interference to nerve transmission and expression.

(6) "Electrotherapy" means the application of any radiant or current energies of high or low frequency, alternating or direct, except surgical cauterization, electrocoagulation, the use of radium in any form, and X-ray therapy.

(7) "Equid" means a hoofed mammal of the family equidae and includes donkeys, horses, mules, and zebras.

(8) "Licensed veterinarian" has the same meaning as set forth in section 12-315-104 (11).

(9) "Venipuncture" means the puncture of a vein for the withdrawal of blood for the purpose of diagnosis through blood analysis. Any blood analysis shall be done by a chiropractor or by a commercial laboratory.

(10) "Veterinary medical clearance" means that a veterinarian licensed under article 315 of this title 12 has examined an animal patient, has provided a diagnosis or differential diagnosis if appropriate, and has provided written clearance, which may be transmitted electronically, for animal chiropractic. The veterinary medical clearance shall precede the commencement of animal chiropractic treatment and may contain limitations on the scope, date of initiation, and duration of chiropractic treatment. Once a veterinary medical clearance has been received, the chiropractor is responsible for developing the plan of care for the animal patient's animal chiropractic.
C.R.S. § 12-10-704 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-704
12-10-704. License required - rules
Status: in_force

12-10-704. License required - rules. (1) (a) Unless licensed by the board and registered with the nationwide mortgage licensing system and registry as a state-licensed loan originator, an individual shall not originate or offer to originate a mortgage or act or offer to act as a mortgage loan originator.

(b) On and after January 1, 2010, a licensed mortgage loan originator shall apply for license renewal in accordance with subsection (5) of this section every calendar year as determined by the board by rule.

(2) An independent contractor may not engage in residential mortgage loan origination activities as a loan processor or underwriter unless the independent contractor is a state-licensed loan originator.

(3) An applicant for initial licensing as a mortgage loan originator shall submit to the board the following:

(a) A criminal history record check in compliance with subsection (6) of this section;

(b) A disclosure of all administrative discipline taken against the applicant concerning the categories listed in section 12-10-711 (1)(c); and

(c) The application fee established by the board in accordance with section 12-10-718.

(4) (a) In addition to the requirements imposed by subsection (3) of this section, on or after August 5, 2009, each individual applicant for initial licensing as a mortgage loan originator must have satisfactorily completed:

(I) At least twenty hours of education as administered and approved by the Nationwide Multistate Licensing System and Registry or its successor; and

(II) A written examination approved by the board. For the portion of the examination that represents the state-specific test required in the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended, the board may adopt the uniform state test administered through the Nationwide Multistate Licensing System and Registry or its successor.

(b) The board may contract with one or more independent testing services to develop, administer, and grade the examinations required by subsection (4)(a) of this section and to maintain and administer licensee records. The contract may allow the testing service to recover from applicants its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors.

(c) The board may publish reports summarizing statistical information prepared by the nationwide mortgage licensing system and registry relating to mortgage loan originator examinations.

(5) An applicant for license renewal shall submit to the board the following:

(a) A disclosure of all administrative discipline taken against the applicant concerning the categories listed in section 12-10-711 (1)(c); and

(b) The renewal fee established by the board in accordance with section 12-10-718.

(6) (a) Prior to submitting an application for a license, an applicant shall submit a set of fingerprints to the Colorado bureau of investigation. Upon receipt of the applicant's fingerprints, the Colorado bureau of investigation shall use the fingerprints to conduct a state and national criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation. All costs arising from the fingerprint-based criminal history record check must be borne by the applicant and must be paid when the set of fingerprints is submitted. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the board. The board shall acquire 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.

(b) If the board determines that the criminal background check provided by the nationwide mortgage licensing system and registry is a sufficient method of screening license applicants to protect Colorado consumers, the board may, by rule, authorize the use of that criminal background check instead of the criminal history record check otherwise required by this subsection (6).

(7) (a) On and after January 1, 2010, in connection with an application for a license as a mortgage loan originator, the applicant shall furnish information concerning the applicant's identity to the nationwide mortgage licensing system and registry. The applicant shall furnish, at a minimum, the following:

(I) Fingerprints for submission to the federal bureau of investigation and any government agency or entity authorized to receive fingerprints for a state, national, or international criminal history record check; and

(II) Personal history and experience, in a form prescribed by the nationwide mortgage licensing system and registry, including submission of authorization for the nationwide mortgage licensing system and registry to obtain:

(A) An independent credit report from the consumer reporting agency described in the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p); and

(B) Information related to any administrative, civil, or criminal findings by a government jurisdiction.

(b) An applicant is responsible for paying all costs arising from a criminal history record check and shall pay the costs upon submission of fingerprints.

(c) The board shall acquire 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.

(8) Before granting a license to an applicant, the board shall require the applicant to post a bond as required by section 12-10-717.

(9) The board shall issue or deny a license within sixty days after:

(a) The applicant has submitted the requisite information to the board and the Nationwide Multistate Licensing System and Registry, including the completed application and any necessary supplementary information, the application fee, and proof that the applicant has posted a surety bond and obtained errors and omissions insurance; and

(b) The board receives the completed criminal history record check and all other relevant information or documents necessary to reasonably ascertain facts underlying the applicant's criminal history.

(10) (a) The board may require, as a condition of license renewal on or after January 1, 2009, continuing education of licensees for the purpose of enhancing the professional competence and professional responsibility of all licensees.

(b) Continuing professional education requirements shall be determined by the board by rule; except that licensees shall be required to complete at least eight credit hours of continuing education each year. The board may contract with one or more independent service providers to develop, review, or approve continuing education courses. The contract may allow the independent service provider to recover from licensees its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors.

(11) (a) The board may require contractors and prospective contractors for services under subsections (4) and (10) of this section to submit, for the board's review and approval, information regarding the contents and materials of proposed courses and other documentation reasonably necessary to further the purposes of this section.

(b) The board may set fees for the initial and continuing review of courses for which credit hours will be granted. The initial filing fee for review of materials shall not exceed five hundred dollars, and the fee for continued review shall not exceed two hundred fifty dollars per year per course offered.

(12) The board may adopt reasonable rules to implement this section. The board may adopt rules necessary to implement provisions required in the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended, and for participation in the nationwide mortgage licensing system and registry.

(13) In order to fulfill the purposes of this part 7, the board may establish relationships or contracts with the nationwide mortgage licensing system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this part 7.

(14) The board may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from or distributing information to the department of justice, a government agency, or any other source.
C.R.S. § 12-120-104 — CO Code / Title 12 / Article 120 / Part 1 / Section 12-120-104
12-120-104. Powers and duties of the board and division - rules
Status: repealed

12-120-104. Powers and duties of the board and division - rules. (1) General powers and duties. In order to carry into effect the provisions of this article 120, the board shall:

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

(b) In addition to rules adopted pursuant to section 12-20-204, adopt:

(I) Rules for disciplining licensed architects; and

(II) Rules of professional conduct for professional engineers, professional land surveyors, and architects under the provisions of section 24-4-103. The rules of professional conduct for professional engineers shall be published, and such publication shall constitute due notice to all professional engineers.

(c) Keep a record of its proceedings and of all applications for licensing under this article 120. The application record for each applicant must include:

(I) Name, age, and residence of the applicant;

(II) Date of application;

(III) Repealed.

(IV) Education of the applicant;

(V) (A) For an applicant for an engineering license, the applicant's engineering experience;

(B) For an applicant for a land surveyor license, the applicant's surveying and other applicable experience;

(C) For an applicant for an architect license, the applicant's architecture and other applicable experience;

(VI) For land surveyor and architect applicants, the type of examination required;

(VII) Date and type of action taken by the board; and

(VIII) Such other information as may be deemed necessary by the board.

(d) Make available through printed or electronic means the following:

(I) Statutes administered by the board for each of the professions regulated under this article 120;

(II) A list of the names and addresses of record of all currently licensed professional engineers, professional land surveyors, and architects;

(III) Rules of the board;

(IV) Such other pertinent information as the board deems necessary; and

(V) The rules of professional conduct adopted pursuant to subsection (1)(b)(II) of this section; and

(e) Adopt and have an official seal.

(2) Board powers and duties regarding professional engineers. For purposes of administering part 2 of this article 120 pertaining to the regulation of professional engineers, the board shall:

(a) Provide information to the public regarding the requirements for compliance with part 2 of this article 120;

(b) Provide for examinations of professional engineer license applicants. The board shall adopt the appropriate examinations. Examinations must be given as often as practicable. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. An applicant who fails to pass the prescribed examination may be reexamined.

(c) Participate in the affairs of the National Council of Examiners for Engineering and Surveying and send a minimum of one delegate to the national meeting annually.

(3) Board powers and duties regarding professional land surveyors - rules. For purposes of administering part 3 of this article 120 pertaining to the regulation of professional land surveyors, the board shall:

(a) Require each applicant for professional land surveyor licensing to demonstrate competence by means of examination and education and may require work examples as it deems necessary and sufficient for licensing;

(b) Provide for and administer examinations to applicants for professional land surveyor licensing to be given as often as practicable. Examinations must be identified only by numbers and anonymously graded. After reviewing and approving the examination results, the board shall record and communicate each examinee's examination results to the examinee. The board shall ensure that the passing score on surveying examinations is set to measure the level of minimum competency. The board shall publish and make available to interested applicants a list of the subjects included in the surveying examinations that are developed by the board, which subjects must be consistent with and related to the various aspects of surveying.

(c) Promulgate rules to establish continuing education requirements for professional land surveyors as a condition of license renewal.

(4) Board powers and duties regarding architects. For purposes of administering part 4 of this article 120 pertaining to the regulation of architects, the board is authorized to:

(a) Examine and license duly qualified applicants for architect licensure, and renew the licenses of duly qualified architects;

(b) Conduct hearings upon complaints concerning the conduct of architects;

(c) Cause the prosecution of all persons violating part 4 of this article 120 by the district attorney or by the attorney general pursuant to section 12-20-405 (4); and

(d) Require every licensed architect to have a stamp as prescribed by the board.

(5) Division to employ investigators. The division may employ at least one investigator qualified to investigate complaints relative to the provisions of part 2 of this article 120 and at least one investigator to investigate complaints relative to the provisions of part 3 of this article 120.
C.R.S. § 12-100-107 — CO Code / Title 12 / Article 100 / Section 12-100-107
12-100-107. Certificate of certified public accountant - issuance - renewal - reinstatement
Status: repealed

12-100-107. Certificate of certified public accountant - issuance - renewal - reinstatement - rules. (1) The board shall grant a certificate of certified public accountant to any applicant who:

(a) Repealed.

(b) Satisfies the board of the applicant's continued competence; or

(c) (I) Passes a written examination pursuant to section 12-100-109; and

(II) Meets the requirements of section 12-100-108.

(2) All certificates issued pursuant to this article 100 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose certificate has expired shall be subject to the penalties provided in this article 100 or section 12-20-202 (1).

(3) Any person who practices certified public accounting after the expiration of his or her certificate shall be practicing in violation of this article 100. The board may refuse to reactivate or reinstate any expired certificate for conduct that constitutes a violation of this article 100.

(4) Effective on the first renewal period established by the board after May 31, 2011, the board shall not renew the certificate of a holder who issues attest or compilation reports unless the certificate holder performs public accounting within a partnership, professional corporation, or limited liability company or the certificate holder has undergone a peer review conducted according to rules promulgated by the board that meet the standards for performing and reporting on a peer review of the American Institute of Certified Public Accountants or an equivalent standard.
C.R.S. § 12-305-104 — CO Code / Title 12 / Article 305 / Section 12-305-104
12-305-104. Definitions
Status: in_force

12-305-104. Definitions. As used in this article 305, unless the context otherwise requires:

(1) "Administrative unit" has the same meaning as set forth in section 22-20-103 (1).

(2) "School speech-language pathologist" means a person licensed by the department of education to provide speech-language pathology services that are paid for by an administrative unit or a state-operated program. "School speech-language pathologist" includes a school speech-language pathology assistant authorized by the department of education pursuant to section 22-60.5-111 (10) to provide speech-language pathology services that are paid for by an administrative unit or a state-operated program.

(3) "Speech-language pathologist" or "certificate holder" means a person certified to practice speech-language pathology under this article 305.

(4) (a) "Speech-language pathology" means the application of principles, methods, and procedures related to the development, disorders, and effectiveness of human communication and related functions, which includes providing prevention, screening, consultation, assessment or evaluation, treatment, intervention, management, counseling, collaboration, and referral services for disorders of:

(I) Speech, such as speech sound production, fluency, resonance, and voice;

(II) Language, such as phonology, morphology, syntax, semantics, pragmatic and social communication skills, and literacy skills;

(III) Feeding and swallowing; and

(IV) Cognitive aspects of communication, such as attention, memory, executive functioning, and problem solving.

(b) "Speech-language pathology" also includes establishing augmentative and alternative communication techniques and strategies, including the following:

(I) Developing, selecting, and prescribing augmentative or alternative communication systems and devices, such as speech generating devices;

(II) Providing services to individuals with hearing loss and their families, such as auditory training, speech reading, or speech and language intervention secondary to hearing loss;

(III) Screening individuals for hearing loss or middle ear pathology using conventional pure-tone air conduction methods, including otoscopic inspection, otoacoustic emissions, or screening tympanometry;

(IV) Using instrumentation such as videofluroscopy, endoscopy, or stroboscopy to observe, collect data, and measure parameters of communication and swallowing;

(V) Selecting, fitting, and establishing effective use of prosthetic or adaptive devices for communication, swallowing, or other upper aerodigestive functions, not including sensory devices used by individuals with hearing loss or the orthodontic movement of teeth for the purpose of correction of speech pathology conditions; and

(VI) Providing services to modify or enhance communication performance, such as accent modification and personal or professional communication efficacy.

(5) "State-operated program" has the same meaning as set forth in section 22-20-103 (28).