C.R.S. § 12-155-103 — CO Code / Title 12 / Article 155 / Section 12-155-103
12-155-103. Definitions
Status: repealed

12-155-103. Definitions. As used in this article 155, unless the context otherwise requires:

(1) "Board" means the state plumbing board created in section 12-155-104.

(2) "Gas piping" means any arrangement of piping used to convey fuel gas, supplied by one meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. "Gas piping" or "gas piping system" does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility certified pursuant to article 5 of title 40 or a public utility owned or acquired by a city or town pursuant to article 32 of title 31.

(3) [Editor's note: This version of subsection (3) is effective until July 1, 2025.] "Journeyman plumber" means any person, other than a master plumber, residential plumber, or plumbing apprentice, who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board.

(3) [Editor's note: This version of subsection (3) is effective July 1, 2025.] "Journeyworker plumber" means any person, other than a master plumber, residential plumber, or plumbing apprentice, who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board.

(4) "Master plumber" means a person who has the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and install and repair plumbing apparatus and equipment including the supervision of such in accordance with the standards and rules established by the board.

(5) "Colorado plumbing code" or "the code" means a code established by the board that consists of standards for plumbing installation, plumbing materials, conservation, medical gas, sanitary drainage systems, and solar plumbing that could directly affect the potable water supply.

(6) "Colorado fuel gas code" means a code adopted by rule of the board for the inspection of plumbing fuel gas pipe installations.

(7) (a) "Conservation" means efficiency measures that meet national guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including:

(I) Water-efficient devices and fixtures; and

(II) The use of locally produced materials, when practicable, to reduce transportation impacts.

(b) When conservation conflicts with safety, the board shall give primary consideration to safety.

(c) Nothing in this subsection (7) affects the board's authority to establish the Colorado plumbing code as specified in section 12-155-106.

(8) (a) "Plumbing" includes the following items located within the building or extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping; all plumbing fixtures and traps; all drainage and vent pipes; all water conditioning appliances connected to the potable water system; all building drains, including their respective joints and connections, devices, receptacles, and appurtenances; all multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; and all medical gas and vacuum systems in health-care facilities.

(b) Notwithstanding subsection (8)(a) of this section, the following is not included within the definition of "plumbing":

(I) Installations, extensions, improvements, remodeling, additions, and alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32; or

(II) Installations, extensions, improvements, remodeling, additions, and alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or

(III) Performance, location, construction, alteration, installation, and use of on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.

(9) [Editor's note: This version of subsection (9) is effective until July 1, 2025.] "Plumbing apprentice" means any person, other than a master, journeyman, or residential plumber, who, as the person's principal occupation, is engaged in learning and assisting in the installation of plumbing.

(9) [Editor's note: This version of subsection (9) is effective July 1, 2025.] "Plumbing apprentice" means any person, other than a master, journeyworker, or residential plumber, who, as the person's principal occupation, is engaged in learning and assisting in the installation of plumbing.

(10) "Plumbing contractor" means any person, firm, partnership, corporation, association, or other organization that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ a full-time master plumber. "Plumbing contractor" does not include a water conditioning contractor, a water conditioning installer, or a water conditioning principal.

(11) "Potable water" means water that is safe for drinking, culinary, and domestic purposes and that meets the requirements of the department of public health and environment.

(12) "Qualified state institution of higher education" means:

(a) One of the state institutions of higher education established under, specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on those campuses;

(b) The institution whose campus is established under and specified in section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and

(c) The institution whose campus is established under and specified in section 23-20-101 (1)(d), but limited to current and future buildings owned or leased or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).

(13) [Editor's note: This version of subsection (13) is effective until July 1, 2025.] "Residential plumber" means any person, other than a master or journeyman plumber or plumbing apprentice, who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground.

(13) [Editor's note: This version of subsection (13) is effective July 1, 2025.] "Residential plumber" means any person, other than a master or journeyworker plumber or plumbing apprentice, who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground.

(13.5) "Tiny home" has the meaning set forth in section 24-32-3302 (35).

(14) (a) "Water conditioning contractor" means a person that is not a plumbing contractor and that:

(I) Undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, or repairs in the installation of water conditioning appliances in one-, two-, three-, or four-family dwellings, which dwellings must not extend more than two stories aboveground; and

(II) Is required to be registered pursuant to section 12-155-108 (4).

(b) Repealed.

(15) (a) "Water conditioning installer" means a person that is not a licensed plumber and that:

(I) Has the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, in accordance with the standards and rules established by the board;

(II) Is certified by a national water conditioning association recognized by the board, with the type of certification specified by the board; and

(III) Is required to be registered pursuant to section 12-155-108 (5).

(b) Repealed.

(16) (a) "Water conditioning principal" means a person that is not a licensed plumber and that:

(I) Has the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, including the supervision of the work in accordance with the standards and rules established by the board;

(II) Is certified by a national water conditioning association recognized by the board, with the type of certification specified by the board; and

(III) Is required to be registered pursuant to section 12-155-108 (6).

(b) Repealed.
C.R.S. § 12-245-803 — CO Code / Title 12 / Article 245 / Part 8 / Section 12-245-803
12-245-803. Practice of addiction counseling defined - scope of practice
Status: in_force

12-245-803. Practice of addiction counseling defined - scope of practice. (1) For the purposes of this part 8, "addiction counseling" means the application of general counseling theories and treatment methods adapted specifically for working with addictive and other behavioral health disorders. Addiction counselors work in a broad variety of disciplines but share an understanding of the addictive process. An addiction counselor identifies a variety of helping strategies that can be tailored to meet the needs of the client. Addiction counseling relies on the use of evidence-based practices that have been shown to be effective in treating addictive disorders.

(2) The scope of practice of addiction counseling focuses on the following four transdisciplinary foundations that underlie the work of all addiction counselors:

(a) Understanding addiction: Includes knowledge of models and theories of addiction, including alcohol and substance use disorders; recognition of social, political, economic, and cultural contexts within which addiction exists; understanding the behavioral, psychological, physical health, and social effects of using addictive substances or engaging in addictive behaviors; and recognizing and understanding co-occurring disorders.

(b) Treatment knowledge: Includes the philosophies, practices, policies, and outcomes of the most generally accepted and scientifically supported models, along with research and outcome data, of treatment, recovery, relapse prevention, and continuing care for addictive disorders, including alcohol and substance use disorders. Treatment knowledge includes the ability to work effectively with families, significant others, social networks, and community systems in the treatment process and understanding the value of a multidisciplinary approach to treatment of addictive disorders, including alcohol and substance use disorders.

(c) Application to practice: Includes the ability to properly diagnose behavioral health disorders using appropriate assessment and testing instruments and placement criteria; stabilization to reduce negative effects of problematic behaviors; developing helping strategies and treatment levels of care based on the client's stage of readiness for change; cultural competency; and familiarity with medical and pharmacological resources for treatment.

(d) Professional readiness: Includes an understanding of diverse cultures; cultivation of a high level of self-awareness; ability to use critical thinking skills; adherence to ethical standards of conduct; ongoing use of clinical supervision and consultation; crisis management; and knowledge of the importance of prevention and recovery management.

(3) The primary practice dimensions of addiction counseling include the following competencies, as appropriate based on the level of certification or licensure and scope of practice:

(a) Clinical evaluation, including screening and assessment;

(b) Clinical intake, discharge, discharge planning, and referral;

(c) Treatment planning;

(d) Service coordination, including client advocacy, continuing care planning, and collaboration with other behavioral health professionals;

(e) Counseling of individuals, groups, families, couples, and significant others;

(f) Recovery management;

(g) Case management;

(h) Client, family, and community education;

(i) Documentation required for a clinical record;

(j) Professional and ethical practices;

(k) Clinical supervision; and

(l) Intervention.

(4) Scope of practice - licensed addiction counselors. Based on education, training, knowledge, and experience, the scope of practice of a licensed addiction counselor includes behavioral health counseling and may include the treatment of substance use disorders, addictive behavioral disorders, and co-occurring mental health disorders, including clinical evaluation and diagnosis, treatment planning, service coordination, case management, clinical documentation, professional and ethical responsibilities, education and psychotherapy with clients, family, and community, clinical supervisory responsibilities, and intervention.

(5) The practice of addiction counseling includes clinical supervision by a licensed addiction counselor of a person working toward licensure as a marriage and family therapist, pursuant to section 12-245-504 (1), or a licensed professional counselor, pursuant to section 12-245-604 (1), if the licensed addiction counselor has met the education requirements for a licensed marriage and family therapist or licensed professional counselor, or the equivalent, as specified in rules promulgated by the state board of marriage and family therapist examiners created in section 12-245-502 or the state board of licensed professional counselor examiners created in section 12-245-602, as applicable.
C.R.S. § 12-100-121 — CO Code / Title 12 / Article 100 / Section 12-100-121
12-100-121. Response to board communication
Status: in_force

12-100-121. Response to board communication. A certificant shall, at the request of the board, respond to communications from the board within thirty days after the mailing of any communication.
C.R.S. § 12-255-124 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-124
12-255-124. Surrender of license
Status: in_force

12-255-124. Surrender of license. (1) Prior to the initiation of an investigation or hearing, any licensee or temporary license holder may surrender the individual's license to practice nursing or as a certified midwife.

(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 or temporary license holder to surrender his or her license to practice.

(3) The board shall not issue a license or temporary license or permit to a former licensee or temporary license or permit holder whose license has been surrendered unless the licensee meets all of the requirements of this part 1 for a new applicant, including, for applicants for a license, temporary license, or permit to practice nursing, the passing of an examination.

(4) The surrender of a license in accordance with this section removes all rights and privileges to practice nursing or as a certified midwife, as applicable, including renewal of a license.
C.R.S. § 12-215-109 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-109
12-215-109. Licensure by endorsement
Status: in_force

12-215-109. Licensure by endorsement. An applicant may obtain licensure by endorsement if the applicant satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-240-122 — CO Code / Title 12 / Article 240 / Section 12-240-122
12-240-122. Prescriptions - requirement to advise patients
Status: in_force

12-240-122. Prescriptions - requirement to advise patients. (1) A physician or physician assistant licensed under this article 240 may advise the physician's or the physician assistant's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.

(2) A physician's or a physician assistant's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the physician's or the physician assistant's professional license issued under this article 240. Failure to advise a patient pursuant to subsection (1) of this section shall not be grounds for any civil action against a physician or physician assistant in a negligence or tort action, nor shall the failure be evidence in any civil action against a physician or a physician assistant.
C.R.S. § 12-115-118 — CO Code / Title 12 / Article 115 / Section 12-115-118
12-115-118. Publications
Status: in_force

12-115-118. Publications. Publications of the board circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
C.R.S. § 12-130-102 — CO Code / Title 12 / Article 130 / Section 12-130-102
12-130-102. Legislative declaration
Status: in_force

12-130-102. Legislative declaration. The general assembly hereby finds and declares that the regulatory authority established in this article 130 is necessary to safeguard the health, safety, and welfare of the people of Colorado by preventing the improper design of public domain landscape infrastructure by unauthorized, unqualified, and incompetent persons.
C.R.S. § 12-140-103 — CO Code / Title 12 / Article 140 / Section 12-140-103
12-140-103. Registration required - subject to review - repeal
Status: repealed

12-140-103. Registration required - subject to review - repeal. (1) (a) By July 1, 2019, each nontransplant tissue bank shall register with the director in the form and manner determined by the director. The registration must include:

(I) The specific address of the nontransplant tissue bank;

(II) The full name and address of the designee appointed in accordance with subsection (2)(a) of this section;

(III) The date the nontransplant tissue bank began doing business;

(IV) The type of services provided by the nontransplant tissue bank; and

(V) A description of the nontransplant tissue bank's premises and equipment.

(b) Each nontransplant tissue bank registration is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(c) If a nontransplant tissue bank withdraws or does not renew its registration, for a period of three years after the end of registration, the nontransplant tissue bank shall continue to maintain on file with the director current information regarding items described in subsections (1)(a)(I) and (1)(a)(II) of this section.

(2) (a) Each nontransplant tissue bank shall appoint an individual as the designee of the nontransplant tissue bank. A designee must:

(I) Be at least eighteen years of age;

(II) Have at least two years of experience working for a nontransplant tissue bank;

(III) Be employed by the registered nontransplant tissue bank that the designee represents;

(IV) Have the authority within the nontransplant tissue bank's organization to require that personnel comply with this article 140; and

(V) Not be designated for more than one nontransplant tissue bank unless each additional nontransplant tissue bank is operated under common ownership and management and unless each additional nontransplant tissue bank is sixty miles or less from all other nontransplant tissue banks held under the same common ownership.

(b) If, after initial registration, the nontransplant tissue bank appoints a new designee in accordance with subsection (2)(a) of this section, the nontransplant tissue bank shall notify the director within thirty days after appointing the designee.

(3) To register, a person must pay the fee set pursuant to section 12-20-105.

(4) This section is repealed, effective September 1, 2033. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-280-402 — CO Code / Title 12 / Article 280 / Part 4 / Section 12-280-402
12-280-402. Definitions
Status: in_force

12-280-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Controlled substance" means any schedule II, III, IV, or V drug as listed in sections 18-18-204, 18-18-205, 18-18-206, and 18-18-207.

(2) "Drug abuse" or "abuse" means utilization of a controlled substance for nonmedical purposes or in a manner that does not meet generally accepted standards of medical practice.

(2.3) "Hospital" means a hospital licensed or certified pursuant to section 25-1.5-103.

(2.5) "Medical director" means a medical director or nurse medical director of a medical practice or hospital in this state who is a "prescriber" as defined in section 12-30-111 (4).

(3) "Prescription drug outlet" or "pharmacy" means:

(a) Any resident or nonresident pharmacy outlet registered or licensed pursuant to this article 280 where prescriptions are compounded and dispensed;

(b) Any federally owned and operated pharmacy registered with the federal drug enforcement administration; and

(c) A telepharmacy outlet.

(4) "Program" means the electronic prescription drug monitoring program developed or procured by the board in accordance with section 12-280-403.
C.R.S. § 12-130-110 — CO Code / Title 12 / Article 130 / Section 12-130-110
12-130-110. Fees
Status: in_force

12-130-110. Fees. The director shall establish a schedule of reasonable fees for applications, licenses, renewal of licenses, inactive status, and late fees. The fees shall be set, collected, and credited pursuant to section 12-20-105.
C.R.S. § 12-230-104 — CO Code / Title 12 / Article 230 / Part 1 / Section 12-230-104
12-230-104. Scope of practice
Status: in_force

12-230-104. Scope of practice. (1) The scope of practice for a hearing aid provider includes:

(a) Eliciting patient case histories, including medical, otological, pharmacological, occupational, and previous amplification history and patient attitudes and expectations;

(b) Administering otoscopy for the purpose of identifying possible otological conditions, including conditions described in section 6-1-701 (2)(d), that may indicate the need for medical referral or that may have a bearing on needed rehabilitative measures, outcomes, or recommendations;

(c) Administering and interpreting tests of human hearing, including appropriate objective and subjective methodology and measures;

(d) Determining a person's candidacy for hearing aids or hearing assistive devices, referring the person for surgically implanted hearing device evaluation, or recommending other clinical, rehabilitative, or medical interventions;

(e) Prescribing, selecting, and fitting appropriate hearing instruments and assistive devices, including appropriate technology, electroacoustic targets, programming parameters, and special applications, as indicated, whether in person or through the use of telehealth;

(f) Assessing hearing instrument efficacy using appropriate fitting verification methodology, including available fitting validation methods;

(g) Taking ear impressions and preparing ear molds for hearing instruments, assistive devices, telecommunications applications, ear protection, and other related applications;

(h) Designing and modifying ear molds and auditory equipment to meet individual patient needs;

(i) Providing counseling and aural rehabilitative services in the use and care of hearing instruments and assistive devices and for effectively using communication coping strategies and other approaches to foster optimal patient rehabilitation; and

(j) Providing supervision and training of those entering the dispensing profession.
C.R.S. § 12-10-402 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-402
12-10-402. Definitions
Status: in_force

12-10-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Broker" shall have the same meaning as set forth in section 12-10-201 (6), except as otherwise specified in this part 4.

(2) "Customer" means a party to a real estate transaction with whom the broker has no brokerage relationship because the party has not engaged or employed a broker.

(3) (a) "Designated broker" means an employing broker or employed broker who is designated in writing by an employing broker to serve as a single agent or transaction-broker for a seller, landlord, buyer, or tenant in a real estate transaction.

(b) "Designated broker" does not include a real estate brokerage firm that consists of only one licensed natural person.

(4) "Dual agent" means a broker who, with the written informed consent of all parties to a contemplated real estate transaction, is engaged as a limited agent for both the seller and buyer or both the landlord and tenant.

(5) "Limited agent" means an agent whose duties and obligations to a principal are only those set forth in section 12-10-404 or 12-10-405, with any additional duties and obligations agreed to pursuant to section 12-10-403 (5).

(6) "Single agent" means a broker who is engaged by and represents only one party in a real estate transaction. A single agent includes the following:

(a) "Buyer's agent", which means a broker who is engaged by and represents the buyer in a real estate transaction;

(b) "Landlord's agent", which means a broker who is engaged by and represents the landlord in a leasing transaction;

(c) "Seller's agent", which means a broker who is engaged by and represents the seller in a real estate transaction; and

(d) "Tenant's agent", which means a broker who is engaged by and represents the tenant in a leasing transaction.

(7) "Subagent" means a broker engaged to act for another broker in performing brokerage tasks for a principal. The subagent owes the same obligations and responsibilities to the principal as does the principal's broker.

(8) "Transaction-broker" means a broker who assists one or more parties throughout a contemplated real estate transaction with communication, interposition, advisement, negotiation, contract terms, and the closing of the real estate transaction without being an agent or advocate for the interests of any party to the transaction. Upon agreement in writing pursuant to section 12-10-403 (2) or a written disclosure pursuant to section 12-10-408 (2)(c), a transaction-broker may become a single agent.
C.R.S. § 12-255-109 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-109
12-255-109. Examination
Status: in_force

12-255-109. Examination. (1) All nurse applicants, unless eligible for licensure by endorsement, shall be required to pass a written examination approved or prepared by the board, relating to the knowledge, skills, and judgments as incorporated in their respective approved education programs.

(2) In accordance with the requirements of this part 1, the board shall hold at least two examinations annually for practical nurses and for professional nurses at such places and at such times as the board shall determine.
C.R.S. § 12-10-712 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-712
12-10-712. Powers and duties of the board over mortgage companies - fines - rules
Status: in_force

12-10-712. Powers and duties of the board over mortgage companies - fines - rules. (1) With respect to mortgage companies, the board may deny an application for registration; refuse to renew, suspend, or revoke the registration; enter cease-and-desist orders; and impose fines as set forth in this section as follows:

(a) If the board has reasonable cause to believe a person is acting without a license or registration;

(b) If the mortgage company fails to maintain possession, for future use or inspection by an authorized representative of the board, for a period of four years, of the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board or by an authorized representative of the board;

(c) If the mortgage company employs or contracts with individuals who are required to be licensed pursuant to this part 7 and who are not either:

(I) Licensed; or

(II) In the process of becoming licensed; or

(d) If the mortgage company directs, makes, or causes to be made, in any manner, a false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan; engages in bait and switch advertising as that term is used in section 6-1-105 (1)(n); or violates any rule of the board that directly or indirectly addresses advertising requirements.

(2) (a) The board, upon its own motion or upon the complaint in writing of any person, may investigate the activities of any registered mortgage company or any mortgage company that is acting in a capacity that requires registration pursuant to this part 7.

(b) The board may fine a mortgage company that has violated this section or any rules promulgated pursuant to this section as follows:

(I) In the first administrative proceeding, a fine not in excess of one thousand dollars per act or occurrence;

(II) In a second or subsequent administrative proceeding, a fine not in excess of two thousand dollars per act or occurrence.

(c) All fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215.

(3) The board may adopt reasonable rules for implementing this section.

(4) Nothing in this section automatically imputes a violation to the mortgage company if a licensed agent or employee, or an individual agent or employee who is required to be licensed, violates any other provision of this part 7.
C.R.S. § 12-270-101 — CO Code / Title 12 / Article 270 / Section 12-270-101
12-270-101. Short title
Status: in_force

12-270-101. Short title. The short title of this article 270 is the "Occupational Therapy Practice Act".
C.R.S. § 12-10-801 — CO Code / Title 12 / Article 10 / Part 8 / Section 12-10-801
12-10-801. HOA information and resource center - creation - duties - rules - subject to rev
Status: repealed

12-10-801. HOA information and resource center - creation - duties - rules - subject to review - repeal. (1) There is hereby created, within the division, the HOA information and resource center, the head of which shall be the HOA information officer. The HOA information officer shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution.

(2) The HOA information officer shall be familiar with the "Colorado Common Interest Ownership Act", article 33.3 of title 38, also referred to in this section as the "act". No person who is or, within the immediately preceding ten years, has been licensed by or registered with the division or who owns stocks, bonds, or any pecuniary interest in a corporation subject in whole or in part to regulation by the division shall be appointed as HOA information officer. In addition, in conducting the search for an appointee, the executive director shall place a high premium on candidates who are balanced, independent, unbiased, and without any current financial ties to an HOA board or board member or to any person or entity that provides HOA management services. After being appointed, the HOA information officer shall refrain from engaging in any conduct or relationship that would create a conflict of interest or the appearance of a conflict of interest.

(3) (a) The HOA information officer shall act as a clearing house for information concerning the basic rights and duties of unit owners, declarants, and unit owners' associations under the act by:

(I) Compiling a database about registered associations, including the name; address; e-mail address, if any; website, if any; and telephone number of each;

(II) Coordinating and assisting in the preparation of educational and reference materials, including materials to assist unit owners, executive boards, board members, and association managers in understanding their rights and responsibilities with respect to:

(A) Open meetings;

(B) Proper use of executive sessions;

(C) Removal of executive board members;

(D) Unit owners' right to speak at meetings of the executive board;

(E) Unit owners' obligation to pay assessments and the association's rights and responsibilities in pursuing collection of past-due amounts; and

(F) Other educational or reference materials that the HOA information officer deems necessary or appropriate;

(III) Monitoring changes in federal and state laws relating to common interest communities and providing information about the changes on the division's website; and

(IV) Providing information, including a "frequently asked questions" resource, on the division's website.

(a.5) (I) The HOA information officer shall identify, to the extent practicable, cooperatives and planned communities that:

(A) Prior to August 7, 2024, were subject to the entirety of article 33.3 of title 38; and

(B) On and after August 7, 2024, are subject only to sections 38-33.3-105 to 38-33.3-107, as described in section 38-33.3-116.

(II) On or after August 7, 2024, but no later than November 1, 2024, the HOA information officer shall notify each cooperative and planned community identified pursuant to subsection (3)(a.5)(I) of this section that:

(A) As a result of the enactment of Senate Bill 24-021, enacted in 2024, the cooperative and planned community is subject only to sections 38-33.3-105 to 38-33.3-107, as described in section 38-33.3-116; and

(B) Pursuant to section 38-33.3-116 (4), the cooperative and planned community may elect to be subject to the entirety of article 33.3 of title 38, and that a cooperative or planned community that so elects is required to adopt an amendment to its declaration in accordance with section 38-33.3-217 evidencing the cooperative or planned community's election to be subject to the entirety of article 33.3 of title 38.

(III) This subsection (3)(a.5) is repealed, effective July 1, 2025.

(b) The HOA information officer may:

(I) Employ one or more assistants as may be necessary to carry out his or her duties; and

(II) Request certain records from associations as necessary to carry out the HOA information officer's duties as set forth in this section.

(c) The HOA information officer shall track inquiries and complaints and report annually to the director regarding the number and types of inquiries and complaints received.

(4) The operating expenses of the HOA information and resource center shall be paid from the division of real estate cash fund, created in section 12-10-215, subject to annual appropriation.

(5) The director may adopt rules as necessary to implement this section and section 38-33.3-401. This subsection (5) shall not be construed to confer additional rule-making authority upon the director for any other purpose.

(6) This section is repealed, effective September 1, 2025. Before the repeal, the HOA information and resource center and the HOA information officer's powers and duties under this section are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-135-903 — CO Code / Title 12 / Article 135 / Part 9 / Section 12-135-903
12-135-903. Qualifications - examinations - rules
Status: in_force

12-135-903. Qualifications - examinations - rules. (1) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a cremationist license, the applicant must have received official certification as a crematory operator from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization that is approved by the director.

(2) In addition to satisfying the requirements of section 12-135-501 (3), to be qualified to obtain a natural reductionist license, the applicant must have received official certification as a natural reductionist from the Cremation Association of North America, the International Cemetery, Cremation and Funeral Association, the National Funeral Directors Association, or a successor organization that is approved by the director.
C.R.S. § 12-145-118 — CO Code / Title 12 / Article 145 / Section 12-145-118
12-145-118. Repeal of article - review of functions
Status: repealed

12-145-118. Repeal of article - review of functions. This article 145 is repealed, effective September 1, 2025. Before the repeal, the powers, duties, and functions of the division specified in this article 145 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-285-124 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-124
12-285-124. Mental and physical examination of licensees
Status: in_force

12-285-124. Mental and physical examination of licensees. (1) If the board has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the board may require the licensee to take a mental or physical examination by a health-care provider designated by the board. If the licensee refuses to undergo a mental or physical examination, unless due to circumstances beyond the licensee's control, the board may suspend the licensee's license until the results of the examination are known and the board has made a determination of the licensee's fitness to practice. The board shall proceed with an order for examination and determination in a timely manner.

(2) An order issued to a licensee under subsection (1) of this section to undergo a mental or physical examination must contain the basis of the board's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For the purposes of a disciplinary proceeding authorized by this article 285, the licensee is deemed to have waived all objections to the admissibility of the examining health-care provider's testimony or examination reports on the ground that they are privileged communications.

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

(4) A person shall not use the results of any mental or physical examination ordered by the board as evidence in any proceeding other than one before the board. The examination results are not public records and are not available to the public.
C.R.S. § 12-215-129 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-129
12-215-129. Confidential agreement to limit practice
Status: in_force

12-215-129. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 215.

(2) This section and section 12-30-108 do not apply to a licensee subject to discipline under section 12-215-115 (1)(d).
C.R.S. § 12-205-112 — CO Code / Title 12 / Article 205 / Section 12-205-112
12-205-112. Cease-and-desist orders
Status: in_force

12-205-112. Cease-and-desist orders. The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
C.R.S. § 12-265-107 — CO Code / Title 12 / Article 265 / Section 12-265-107
12-265-107. Powers and duties of the board - rules
Status: in_force

12-265-107. Powers and duties of the board - rules. (1) The board has the following powers and duties:

(a) To adopt rules defining standards of nursing home administration, including the responsibilities and duties of nursing home administrators, consistent with this article 265. The standards established in the rules shall be met by individuals in order to receive and retain a license and shall be designed to ensure that nursing home administrators are qualified by education and training in the appropriate field to serve as nursing home administrators.

(b) To develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards adopted under subsection (1)(a) of this section;

(c) To issue licenses to individuals determined, after application of the techniques, to meet the standards specified in subsection (1)(a) of this section;

(d) To take disciplinary action against a licensee in accordance with section 12-20-404 or place a temporary license holder on probation in any case where the individual holding any such license is determined to have failed to conform to the standards developed pursuant to subsection (1)(a) of this section or to have committed an act that constitutes grounds for discipline as set forth in section 12-265-113;

(e) To establish and carry out procedures designed to ensure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of the standards specified in subsection (1)(a) of this section;

(f) (I) To conduct investigations, hold hearings, and take evidence in accordance with section 12-20-403.

(II) A person providing documents subpoenaed pursuant to section 12-20-403 (2) shall prepare them from the original record and shall delete from the copy provided pursuant to the subpoena the name of the resident, but shall identify the resident by a numbered code, to be retained by the custodian of the records from which the copies were made. Upon certification of the custodian that the copies are true and complete except for the resident's name, they shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board, the custodian, or the custodian's authorized employee for furnishing or using the copies in accordance with this subsection (1).

(2) (a) The board shall develop rules, with input from long-term care facility provider associations, the department of public health and environment, the office of the state attorney general, and consumer representatives, concerning factors to be considered in determining performance that fails to meet generally accepted standards for nursing home administrators and whether or not remedial or disciplinary actions are warranted. The board may create an advisory committee to assist the board in developing standards that describe the responsibilities and duties of nursing home administrators.

(b) If, after an investigation, the board determines that there are reasonable grounds to believe that the performance of a licensed administrator is inconsistent with the health or safety of residents in the care of the facility in which the administrator works and is contrary to standards adopted by the board, the board may initiate disciplinary action as may be warranted.

(3) The board shall have the authority to make rules pursuant to section 12-20-204 and to take such other actions as may be necessary to enable the state to meet the requirements set forth in section 1908 of the federal "Social Security Act", the federal regulations promulgated thereunder, and other pertinent federal requirements.

(4) The board shall promulgate rules defining the criteria for the education and experience necessary for admittance to the administrator-in-training program. The board shall furnish copies of the appropriate rules to members of the public upon request. The criteria for the education and experience necessary for admittance to the administrator-in-training program shall not exceed successful completion of two years of college level study in an accredited institution of higher education in areas relating to health care or two years of board-approved experience in nursing home administration or comparable health management experience for each year of required education.
C.R.S. § 12-305-112 — CO Code / Title 12 / Article 305 / Section 12-305-112
12-305-112. Grounds for discipline - definitions
Status: in_force

12-305-112. Grounds for discipline - definitions. (1) The director may take disciplinary action against a certificate holder pursuant to sections 12-20-404 and 12-305-113 if the director finds that the certificate holder has represented or held himself or herself out as a certified speech-language pathologist after the expiration, suspension, or revocation of his or her certification.

(2) The director may take disciplinary or other action specified in section 12-20-404 or 12-305-113 or issue a cease-and-desist order to a certificate holder in accordance with sections 12-20-405 and 12-305-113 (8) upon proof that the certificate holder:

(a) Has engaged in a sexual act with a person receiving services while a therapeutic relationship existed or within six months immediately following termination of the therapeutic relationship in writing. For the purposes of this subsection (2)(a):

(I) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401.

(II) "Therapeutic relationship" means the period beginning with the initial evaluation and ending upon the written termination of treatment.

(b) Has falsified information in an application or has attempted to obtain or has obtained a certification by fraud, deception, or misrepresentation;

(c) Has a substance use disorder, as defined in section 27-81-102, excessively or habitually uses or abuses alcohol or habit-forming drugs, or habitually uses a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects; except that the director has the discretion not to discipline the certificate holder if the certificate holder is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;

(d) (I) Failed to notify the director, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the speech-language pathologist's ability to perform speech-language pathology with reasonable skill and safety to patients;

(II) Failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the certificate holder unable to perform speech-language pathology with reasonable skill and safety to the patient; or

(III) Failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-305-117;

(e) Has violated or aided or abetted or knowingly permitted any person to violate this article 305, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 305, or any lawful order of the director;

(f) Has failed to respond to a request or order of the director;

(g) Has been convicted of or pled guilty or nolo contendere to a felony or any crime related to the certificate holder's practice of speech-language pathology or has committed an act specified in section 12-305-114. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the director is governed by sections 12-20-202 (5) and 24-5-101.

(h) Has fraudulently obtained, furnished, or sold any speech-language pathology diploma, certificate, certification, renewal of certification, or record or aided or abetted the act;

(i) Has failed to notify the director of the suspension or revocation of the person's past or currently held license, certificate, or certification required to practice speech-language pathology in this or any other jurisdiction;

(j) Has failed to respond in an honest, materially responsive, and timely manner to a complaint against the certificate holder;

(k) Has resorted to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a certification in this or any other state, in applying for professional liability coverage, or in taking the examination required by this article 305;

(l) Has failed to refer a patient to the appropriate licensed, certified, or registered health-care professional when the services required by the patient are beyond the level of competence of the speech-language pathologist or beyond the scope of speech-language pathology practice;

(m) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-305-116;

(n) Has failed to maintain or is not covered by professional liability insurance as required by section 12-305-107 (2) or (4) in the amount determined by the director by rule;

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

(p) Has negligently or willfully practiced speech-language pathology in a manner that fails to meet generally accepted standards for speech-language pathology practice;

(q) Has failed to make essential entries on patient records or falsified or made incorrect entries of an essential nature on patient records;

(r) Has otherwise violated any provision of this article 305 or lawful order or rule of the director; or

(s) Has committed:

(I) A fraudulent insurance act, as set forth in section 10-1-128; or

(II) An abuse of health insurance, as set forth in section 18-13-119.

(3) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to impose.
C.R.S. § 12-10-906 — CO Code / Title 12 / Article 10 / Part 9 / Section 12-10-906
12-10-906. Repeal of part - subject to review
Status: repealed

12-10-906. Repeal of part - subject to review. This part 9 is repealed, effective September 1, 2026. Before the repeal, this part 9 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-235-120 — CO Code / Title 12 / Article 235 / Section 12-235-120
12-235-120. Repeal of article - review of functions
Status: repealed

12-235-120. Repeal of article - review of functions. This article 235, and the functions of the director as set forth in this article 235, are repealed, effective September 1, 2031. Before the repeal, the functions of the director are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-295-117 — CO Code / Title 12 / Article 295 / Section 12-295-117
12-295-117. Exclusions
Status: in_force

12-295-117. Exclusions. (1) This article 295 does not affect or apply to the gratuitous care of a person with a behavioral or mental health disorder by friends or members of the family or to any person taking care of a person with a behavioral or mental health disorder for hire who does not represent himself or herself or hold himself or herself out to the public as a trained or licensed psychiatric technician; but a person for hire shall not hold himself or herself out as or perform the full duties of a psychiatric technician who is not a psychiatric technician licensed under the provisions of this article 295.

(2) This article 295 shall not be construed to prohibit:

(a) The practice as a psychiatric technician by students enrolled in an approved psychiatric technician education program or by graduates of an approved psychiatric technician education program pending the results of the first licensing examination scheduled by the board following their graduation;

(b) Practical nursing;

(c) Subsidiary workers in hospitals or similarly related institutions from assisting in the nursing care of patients where adequate medical and nursing supervision is provided;

(d) Subsidiary workers in the offices of persons licensed to practice medicine or dentistry in this state from assisting in the care of patients under the personal and responsible supervision and direction of those persons; or

(e) The practice of any legally qualified psychiatric technician of this state or another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of his or her official duties.

(3) No provision of this article 295 shall be construed as applying to any sanitarium, nursing home, or rest home conducted in accordance with the practice of the tenets of any religious denomination in which persons of good faith rely solely upon spiritual means or prayer in the free exercise of religion to prevent or cure disease.
C.R.S. § 12-280-305 — CO Code / Title 12 / Article 280 / Part 3 / Section 12-280-305
12-280-305. Restrictions on transactions
Status: repealed

12-280-305. Restrictions on transactions.

(1) Repealed.

(2) A manufacturer or wholesaler shall furnish prescription drugs only to a board-registered outlet or practitioner authorized by law to prescribe the drugs. Before furnishing prescription drugs to a person or entity not known to the manufacturer or wholesaler, the manufacturer or wholesaler shall affirmatively verify that the person or entity is legally authorized to receive the prescription drugs by contacting the board.

(3) A manufacturer or wholesaler may furnish prescription drugs to a hospital pharmacy receiving area if a pharmacist or authorized receiving agent signs, at the time of delivery, a receipt showing the type and quantity of the prescription drug received. The pharmacist or authorized receiving agent shall report any discrepancy between the receipt and the type and quantity of the prescription drug actually received to the delivering manufacturer or wholesaler by the next business day after the delivery to the pharmacy receiving area.

(4) Repealed.
C.R.S. § 12-10-407 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-407
12-10-407. Transaction-broker
Status: in_force

12-10-407. Transaction-broker. (1) A broker engaged as a transaction-broker is not an agent for either party.

(2) A transaction-broker shall have the following obligations and responsibilities:

(a) To perform the terms of any written or oral agreement made with any party to the transaction;

(b) To exercise reasonable skill and care as a transaction-broker, including, but not limited to:

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

(II) Advising the parties regarding the transaction and suggesting that the parties obtain expert advice as to material matters about which the transaction-broker knows but the specifics of which are beyond the expertise of the broker;

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

(IV) Keeping the parties fully informed regarding the transaction;

(V) Assisting the parties in complying with the terms and conditions of any contract including closing the transaction;

(VI) Disclosing to all prospective buyers or tenants any adverse material facts actually known by the broker including but not limited to adverse material facts pertaining to the title, the physical condition of the property, any defects in the property, and any environmental hazards affecting the property required by law to be disclosed;

(VII) Disclosing to any prospective seller or landlord all adverse material facts actually known by the broker including but not limited to adverse material facts pertaining to the buyer's or tenant's financial ability to perform the terms of the transaction and the buyer's intent to occupy the property as a principal residence; and

(VIII) Informing the parties that as seller and buyer or as landlord and tenant they shall not be vicariously liable for any acts of the transaction-broker;

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

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

(3) The following information shall not be disclosed by a transaction-broker without the informed consent of all parties:

(a) That a buyer or tenant is willing to pay more than the purchase price or lease rate offered for the property;

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

(c) What the motivating factors are for any party buying, selling, or leasing the property;

(d) That a seller, buyer, landlord, or tenant will agree to financing terms other than those offered;

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

(f) Any material information about the other party unless disclosure is required by law or failure to disclose the information would constitute fraud or dishonest dealing.

(4) A transaction-broker has no duty to conduct an independent inspection of the property for the benefit of the buyer or tenant and has no duty to independently verify the accuracy or completeness of statements made by the seller, landlord, or independent inspectors.

(5) A transaction-broker has no duty to conduct an independent investigation of the buyer's or tenant's financial condition or to verify the accuracy or completeness of any statement made by the buyer or tenant.

(6) A transaction-broker may do the following without breaching any obligation or responsibility:

(a) Show alternative properties not owned by the seller or landlord to a prospective buyer or tenant;

(b) List competing properties for sale or lease;

(c) Show properties in which the buyer or tenant is interested to other prospective buyers or tenants; and

(d) Serve as a single agent or transaction-broker for the same or for different parties in other real estate transactions.

(7) There shall be no imputation of knowledge or information between any party and the transaction-broker or among persons within an entity engaged as a transaction-broker.

(8) A transaction-broker may cooperate with other brokers but shall not engage or create any subagents.
C.R.S. § 12-255-114 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-114
12-255-114. Requirements for practical nurse licensure - fees - questionnaire
Status: in_force

12-255-114. Requirements for practical nurse licensure - fees - questionnaire. (1) The board shall issue a license to engage in the practice of practical nursing to any applicant who:

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

(b) Submits proof satisfactory to the board in the manner and upon the forms the board may require to show that the applicant has completed a practical nursing educational program that meets the standards of the board for approval of educational programs or that is approved by the board and to show that the applicant holds a certificate of graduation from or a certificate of completion of the approved program;

(c) Passes an examination as provided in section 12-255-109 or is eligible for and is granted licensure by endorsement as provided in subsection (2) of this section;

(d) Pays the required fee.

(2) The board may issue a license by endorsement to engage in the practice of practical nursing in this state to any applicant who satisfies the requirements of the occupational credential portability program.

(3) The board shall design a questionnaire to be sent to all licensed practical nurses who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or might make the licensee unfit to practice nursing with reasonable care and safety. If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (1)(d) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.
C.R.S. § 12-155-125 — CO Code / Title 12 / Article 155 / Section 12-155-125
12-155-125. Plumbing contractors - requirement to display registration identification - mast
Status: in_force

12-155-125. Plumbing contractors - requirement to display registration identification - master plumber of contractor. (1) On and after July 1, 2025, a plumbing contractor shall display the following information on the plumbing contractor's vehicle or vehicles, billing materials, bid sheets, and website:

(a) The plumbing contractor's Colorado registration identification number; and

(b) The Colorado registration identification number for the master plumber attached to the plumbing contractor.
C.R.S. § 12-300-103 — CO Code / Title 12 / Article 300 / Section 12-300-103
12-300-103. Applicability of common provisions
Status: in_force

12-300-103. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 300.
C.R.S. § 12-295-116 — CO Code / Title 12 / Article 295 / Section 12-295-116
12-295-116. Judicial review
Status: in_force

12-295-116. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review.
C.R.S. § 12-30-106 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-106
12-30-106. Health-care work force data collection
Status: repealed

12-30-106. Health-care work force data collection. (1) The director of the division shall implement a system to collect health-care work force data from health-care professionals who are eligible for the Colorado health service corps pursuant to part 5 of article 1.5 of title 25, from practical and professional nurses and certified midwives licensed pursuant to part 1 of article 255 of this title 12, and from pharmacists licensed pursuant to article 280 of this title 12, collectively referred to in this section as "health-care professionals". Each health-care professional shall submit the data as part of the initial licensure process and upon the renewal of the health-care professional's license. Neither an executive department nor a board in an executive department is responsible for verifying the data or disciplining a health-care professional for noncompliance with this section.

(2) (a) The director of the division shall request each health-care professional to provide data recommended by the director of the primary care office created pursuant to section 25-1.5-403 in the department of public health and environment. The director of the division has final approval authority regarding the form and manner of the data collected. The data collected concerns:

(I) Each practice address of the health-care professional;

(II) The number of hours the health-care professional provides direct patient care at each practice location;

(III) Any specialties of the health-care professional, if applicable;

(IV) Information about each practice setting type;

(V) The health-care professional's education and training related to the health-care professional's profession; and

(VI) The year of birth of the health-care professional.

(b) The director of the division shall ensure that the data provided by health-care professionals is available to the primary care office in electronic format for analysis. A member of the public may request, in writing, unanalyzed data from the primary care office. Data available to the public must be limited to unique records that do not include names or other identifying information.

(3) Repealed.

(4) The director of the division may seek and accept gifts, grants, or donations from private or public sources for the purposes of this section; except that the director may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The director shall transmit all private and public money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the division of professions and occupations cash fund created in section 12-20-105. The money in the fund is subject to annual appropriation by the general assembly to the director for the direct and indirect costs associated with implementing this section.
C.R.S. § 12-105-108 — CO Code / Title 12 / Article 105 / Section 12-105-108
12-105-108. Application - form
Status: in_force

12-105-108. Application - form. (1) Each applicant for examination shall file with the director a written application in the form the director may require to set forth the qualifications of the applicant and shall submit satisfactory proof of the required age and education.

(2) Each applicant for registration shall file with the director a written application in the form the director may require pursuant to section 12-105-112.
C.R.S. § 12-290-104 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-104
12-290-104. Podiatry license required - professional liability insurance required - exceptio
Status: in_force

12-290-104. Podiatry license required - professional liability insurance required - exceptions - rules. (1) (a) It is unlawful for any person to practice podiatry within the state of Colorado who does not hold a license to practice medicine issued by the Colorado medical board pursuant to article 240 of this title 12 or a license to practice podiatry issued by the Colorado podiatry board as provided by this article 290.

(b) A person serving in an approved residency program must obtain a podiatry training license issued by the Colorado podiatry board pursuant to section 12-290-110. As used in this subsection (1)(b), an "approved residency" is a residency in a hospital conforming to the minimum standards for residency training established or approved by the Colorado podiatry board, which has the authority, upon its own investigation, to approve any residency.

(2) It is unlawful for any person to practice podiatry within the state of Colorado unless the person purchases and maintains professional liability insurance as follows:

(a) If the person performs surgical procedures, professional liability insurance shall be maintained in an amount not less than one million dollars per claim and three million dollars per year for all claims.

(b) The Colorado podiatry board shall by rule establish financial responsibility standards for podiatrists who do not perform podiatric surgical procedures and who sign an affidavit attesting to that fact. The board may determine that no professional liability insurance requirements apply to the persons or may impose standards that shall not in any event exceed those prescribed in subsection (2)(a) of this section.
C.R.S. § 12-285-220 — CO Code / Title 12 / Article 285 / Part 2 / Section 12-285-220
12-285-220. Repeal of part - review of functions
Status: repealed

12-285-220. Repeal of part - review of functions. This part 2 is repealed, effective September 1, 2035. Before the repeal, the functions of the board in regulating physical therapist assistants under this part 2 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-245-207 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-207
12-245-207. Licensure by endorsement
Status: in_force

12-245-207. Licensure by endorsement. A board may issue a license by endorsement to engage in the practice of psychology, social work, marriage and family therapy, professional counseling, or addiction counseling to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-305-114 — CO Code / Title 12 / Article 305 / Section 12-305-114
12-305-114. Unauthorized practice - penalties
Status: in_force

12-305-114. Unauthorized practice - penalties. A person who practices or offers or attempts to practice speech-language pathology without an active certification issued under this article 305 is subject to penalties pursuant to section 12-20-407 (1)(b).
C.R.S. § 12-135-111 — CO Code / Title 12 / Article 135 / Part 1 / Section 12-135-111
12-135-111. Title protection
Status: repealed

12-135-111. Title protection. (Repealed)
C.R.S. § 12-135-303 — CO Code / Title 12 / Article 135 / Part 3 / Section 12-135-303
12-135-303. Registration required
Status: in_force

12-135-303. Registration required. (1) Unless practicing at a registered crematory under this section and except as provided in section 12-140-105 (3), a person shall not practice as, or offer the services of, a cremationist, nor shall the crematory sell or offer to sell funeral goods and services to the public.

(2) (a) Each crematory shall register with the director using forms as determined by the director. The registration shall include the following:

(I) The specific location of the crematory;

(II) The full name and address of the designee appointed pursuant to subsection (3) of this section;

(III) The date the crematory began doing business; and

(IV) A list of each of the following services provided at each crematory location:

(A) Refrigerating or holding human remains;

(B) Transporting human remains to or from the crematory or the place of final disposition;

(C) Providing funeral goods or services to the public;

(D) Cremating human remains; and

(E) Selling preneed contracts.

(b) Each crematory registration shall be renewed, according to a schedule established by the director, in a form as determined by the director.

(c) If, after initial registration, the crematory provides a service listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the crematory shall submit an amended registration within thirty days after beginning to provide the new service.

(d) If, after initial registration, the crematory appoints a new designee, the crematory shall submit an amended registration within thirty days after appointing the designee.

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

(3) Each crematory shall appoint an individual as the designee of the crematory. A designee shall:

(a) Be at least eighteen years of age;

(b) Have at least two years' experience working for a crematory;

(c) Be employed by the registered crematory that the designee represents;

(d) Have the authority within the crematory's organization to require that personnel comply with this article 135; and

(e) Not be designated for more than one crematory unless the additional establishment is operated under common ownership and management and no crematory is more than sixty miles from another establishment held under the same ownership conditions.

(4) The designee shall require each person employed at the crematory to demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the crematory.

(5) This section shall not require the registration of a nonprofit organization that only provides education or support to an individual who intends to provide for final disposition of human remains.
C.R.S. § 12-220-307 — CO Code / Title 12 / Article 220 / Part 3 / Section 12-220-307
12-220-307. Professional liability insurance required - rules
Status: in_force

12-220-307. Professional liability insurance required - rules. (1) A licensed dentist, a licensed dental therapist, and a licensed dental hygienist must meet the financial responsibility requirements established by the board pursuant to section 13-64-301 (1)(a).

(2) Upon request of the board, a licensed dentist, licensed dental therapist, or licensed dental hygienist shall provide proof of professional liability insurance to the board.

(3) The board may, by rule, exempt from or establish lesser financial responsibility standards for licensed dentists, licensed dental therapists, and licensed dental hygienists who meet the criteria in section 13-64-301 (1)(a)(II).
C.R.S. § 12-315-106 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-106
12-315-106. Board of veterinary medicine - creation - powers - rules
Status: in_force

12-315-106. Board of veterinary medicine - creation - powers - rules. (1) There is hereby created a state board of veterinary medicine consisting of nine members appointed by the governor. Each member shall be appointed for a term of four years. The governor shall appoint members of the board from qualified persons as described in subsection (2) of this section. The governor shall appoint members to fill vacancies on the board caused by death, resignation, or removal for the balance of the unexpired term. A person shall not serve more than two consecutive four-year terms. A person appointed to serve out the balance of an unexpired term may be reappointed for an additional consecutive four-year term. Members of the board may remain on the board until a successor is appointed.

(1.5) The state board of veterinary medicine is a type 1 entity, as defined in section 24-1-105.

(2) The governor shall appoint:

(a) Five members to the board who:

(I) Are graduates of a school of veterinary medicine;

(II) Are residents of this state; and

(III) Have been licensed to practice veterinary medicine in this state for the five years preceding the time of the appointment;

(b) Not later than March 1, 2023, two members to the board who are residents of this state and who, for at least five years immediately preceding the time of appointment:

(I) Have been certified by a Colorado association of veterinary technicians; and

(II) Have been practicing as veterinary technicians in this state; and

(c) Two members to the board from the public at large who have no financial or professional association with the veterinary profession.

(3) The governor may remove a member of the board for misconduct, incompetence, or neglect of duty or other sufficient cause.

(4) The board shall meet at least once each quarter during the year at a time and place fixed by the board. Other meetings may be called from time to time by the president of the board. Except as otherwise provided, a majority of the board constitutes a quorum. Meetings shall be conducted as provided in article 6 of title 24.

(5) The board has the power to:

(a) [Editor's note: This version of subsection (5)(a) is effective until January 1, 2026.] Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine, for registration as a veterinary technician, or for designation as a veterinary technician specialist in this state;

(a) [Editor's note: This version of subsection (5)(a) is effective January 1, 2026.] Examine and determine the qualifications and fitness of applicants for a license to practice veterinary medicine, for registration as a veterinary technician or veterinary professional associate, or for designation as a veterinary technician specialist in this state;

(b) [Editor's note: This version of subsection (5)(b) is effective until January 1, 2026.] Pursuant to section 12-20-404, issue, renew, deny, suspend, or revoke licenses to practice veterinary medicine, registrations of veterinary technicians, and designations of registered veterinary technicians as veterinary technician specialists in the state or otherwise discipline or fine, or both, licensees or registrants consistent with this article 315 and the rules adopted by the board under this article 315;

(b) [Editor's note: This version of subsection (5)(b) is effective January 1, 2026.] Pursuant to section 12-20-404, issue, renew, deny, suspend, or revoke licenses to practice veterinary medicine, registrations of veterinary technicians and veterinary professional associates, and designations of registered veterinary technicians as veterinary technician specialists in the state or otherwise discipline or fine, or both, licensees or registrants consistent with this article 315 and the rules adopted by the board under this article 315;

(c) Regulate artificial insemination and ova transplantation of cattle or other animal species by establishing rules for standards of practice, including rules relating to methods and procedures for safe artificial insemination and ova transplantation;

(d) [Editor's note: This version of subsection (5)(d) is effective until January 1, 2026.] Establish, pursuant to section 12-20-105, and publish annually a schedule of fees for licensing and registration of veterinarians and veterinary technicians. The board shall base the fee on its anticipated financial requirements for the year.

(d) [Editor's note: This version of subsection (5)(d) is effective January 1, 2026.] Establish, pursuant to section 12-20-105, and publish annually a schedule of fees for licensing and registration of veterinarians, veterinary technicians, and veterinary professional associates. The board shall base the fee on its anticipated financial requirements for the year.

(e) Conduct disciplinary proceedings in accordance with section 12-20-403;

(f) Bring proceedings in the courts for the enforcement of this article 315 or any rules made by the board;

(g) Adopt, amend, or repeal rules in accordance with section 12-20-204. The board shall adopt rules to establish a uniform system and schedule of fines that it may impose on licensees or registrants for violations of this article 315 or of rules adopted pursuant to this article 315.

(h) Issue a cease-and-desist order in accordance with section 12-20-405;

(i) Impose fines against corporations in accordance with section 12-315-122 (2).

(j) [Editor's note: Subsection (5)(j) is effective January 1, 2026.] Approve a nationally recognized veterinary professional associate credentialing organization for purposes of credentialing veterinary professional associates in this state. The credentialing organization approved by the board may:

(I) Require completion of a university-approved program for veterinary professional associates; and

(II) Require that an applicant pass a veterinary professional associate national examination.

(6) The board may, at any time, inspect veterinary premises to assure that they are clean and sanitary.

(7) [Editor's note: This version of subsection (7) is effective until January 1, 2026.] The powers of the board are granted to enable the board to effectively supervise the practice of veterinary medicine and of veterinary technicians and are to be construed liberally to accomplish this objective.

(7) [Editor's note: This version of subsection (7) is effective January 1, 2026.] The powers of the board are granted to enable the board to effectively supervise the practice of veterinary medicine and of veterinary technicians and veterinary professional associates and are to be construed liberally to accomplish this objective.

(8) The board shall consult with the state physical therapy board created in section 12-285-105 concerning rules that the board intends to adopt with regard to physical therapy of animals.

(9) (a) The board may promulgate rules regarding the use of telehealth to provide veterinary services in Colorado pursuant to part 3 of this article 315.

(b) In developing rules pursuant to subsection (9)(a) of this section, the board shall consult with licensed veterinarians, registered veterinary technicians, clients, and other relevant stakeholders as determined by the board.
C.R.S. § 12-155-116 — CO Code / Title 12 / Article 155 / Section 12-155-116
12-155-116. License by endorsement - rules
Status: in_force

12-155-116. License by endorsement - rules. The board may issue a plumber's license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure by examination. The board may specify by rule what shall constitute substantially equivalent credentials and qualifications and may further require a waiting period of six months after the issuance of a license in another state before issuing a license in Colorado.
C.R.S. § 12-170-113 — CO Code / Title 12 / Article 170 / Section 12-170-113
12-170-113. Protections
Status: in_force

12-170-113. Protections. (1) Subject to the limitations in this article 170 and article 50 of title 44, but notwithstanding any other provision of law:

(a) Actions and conduct permitted pursuant to a license, registration, permit, or certificate issued by the director pursuant to this article 170, or by those who allow property to be used pursuant to a license, registration, permit, or certificate issued by the director pursuant to this article 170, are lawful and are not an offense under state law or the laws of any local jurisdiction within this state; are not subject to a civil fine, penalty, or sanction; are not a basis for detention, search, or arrest; and are not a basis to deny any right or privilege or to seize or forfeit assets under state law or the laws of any local jurisdiction within this state.

(b) A contract is not unenforceable on the basis that natural medicine or natural medicine product, as allowed pursuant to this article 170, is prohibited by federal law.

(c) Mental health care, substance use disorder intervention services, or behavioral health services otherwise covered pursuant to the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, must not be denied on the basis that they are covered in conjunction with natural medicine services or that natural medicine and natural medicine product are prohibited by federal law. Insurance or an insurance provider is not required to cover the cost of natural medicine or natural medicine product.

(d) Nothing in this section may be construed or interpreted to prevent the director from enforcing rules promulgated by the director against a licensee, registrant, permittee, or certificate holder or limit a state or local law enforcement agency's ability to investigate unlawful activity in relation to a licensee, registrant, permittee, or certificate holder.

(2) A professional or occupational license, registration, permit, or certificate holder is not subject to professional discipline or loss of a professional or occupational license, registration, permit, or certificate for providing advice or services arising out of or related to a natural medicine license, registration, permit, or certificate issued pursuant to this article 170 or article 50 of title 44 or application for a license, registration, permit, or certificate issued pursuant to this article 170 or article 50 of title 44 on the basis that natural medicine and natural medicine product are prohibited by federal law or for personal use of natural medicine or natural medicine allowed pursuant to this article 170. This article 170 does not authorize an individual to engage in conduct that in the course of practicing under the individual's license, registration, permit, or certificate would violate standards of care or scope of practice of the individual's profession or occupation as required by any provision of law or rule.
C.R.S. § 12-285-132 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-132
12-285-132. Repeal of part - review of functions
Status: repealed

12-285-132. Repeal of part - review of functions. This part 1 and the licensing functions of the board as set forth in this part 1 are repealed, effective September 1, 2035. Before the repeal, the licensing functions of the board are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-135-402 — CO Code / Title 12 / Article 135 / Part 4 / Section 12-135-402
12-135-402. Fees
Status: in_force

12-135-402. Fees. The director shall establish and collect the fees for a registration issued under parts 1 and 3 of this article 135 pursuant to section 12-20-105.
C.R.S. § 12-110-102 — CO Code / Title 12 / Article 110 / Section 12-110-102
12-110-102. Legislative declaration
Status: in_force

12-110-102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal "Professional Boxing Safety Act of 1996", 15 U.S.C. sec. 6301 et seq., as amended, requires the state of Colorado to establish a state boxing commission. Because there is no state boxing commission, any professional boxing match held in Colorado has to be supervised by another state's boxing commission, using safety guidelines and procedures implemented by that state.

(2) The general assembly further finds and declares that it is in the best interests of the residents of Colorado, professional boxing participants, and the future of the sport of boxing in Colorado that the conduct of the sport be subject to an effective and efficient system of strict control designed by the general assembly. The system shall, at a minimum:

(a) Protect the safety of the participants; and

(b) Promote the public trust and confidence in the conduct of professional boxing.

(3) To further public confidence and trust, this article 110 and rules promulgated pursuant to this article 110 shall regulate all persons, practices, and associations that relate to the operation of live professional boxing events, performances, or contests held in Colorado.
C.R.S. § 12-10-713 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-713
12-10-713. Disciplinary actions - grounds - procedures - rules
Status: in_force

12-10-713. Disciplinary actions - grounds - procedures - rules. (1) The board, upon its own motion, may, or upon the complaint in writing of any person, shall, investigate the activities of any mortgage loan originator. The board has the power to impose an administrative fine in accordance with section 12-10-711, deny a license, censure a licensee, place the licensee on probation and set the terms of probation, order restitution, order the payment of actual damages, or suspend or revoke a license when the board finds that the licensee or applicant has performed, is performing, or is attempting to perform any of the following acts:

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

(b) Making any promise that influences, persuades, or induces another person to detrimentally rely on the promise when the licensee could not or did not intend to keep the promise;

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

(d) Violating any provision of the "Colorado Consumer Protection Act", article 1 of title 6, and, if the licensee has been assessed a civil or criminal penalty or been subject to an injunction under the act, the board shall revoke the licensee's license;

(e) Acting for more than one party in a transaction without disclosing any actual or potential conflict of interest or without disclosing to all parties any fiduciary obligation or other legal obligation of the mortgage loan originator to any party;

(f) Representing or attempting to represent a mortgage loan originator other than the licensee's principal or employer without the express knowledge and consent of that principal or employer;

(g) In the case of a licensee in the employ of another mortgage loan originator, failing to place, as soon after receipt as is practicably possible, in the custody of that licensed mortgage loan originator-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 mortgage loan originator-employer;

(h) Failing to account for or to remit, within a reasonable time, any money coming into his or her possession that belongs to others, whether acting as a mortgage loan originator, real estate broker, salesperson, 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 board relative thereto and shall be subject to audit by the board;

(i) Converting funds of others, diverting funds of others without proper authorization, commingling funds of others with the licensee's own funds, or failing to keep the funds of others in an escrow or a trustee account with a 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 board relative thereto, which records shall be subject to audit by the board;

(j) Failing to provide the parties to a residential mortgage loan transaction with such information as may be prescribed by the rules of the board;

(k) Unless an employee of a duly registered mortgage company, failing to maintain possession, for future use or inspection by an authorized representative of the board, for a period of four years, of the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board or by an authorized representative of the board;

(l) Paying a commission or valuable consideration for performing any of the functions of a mortgage loan originator, as described in this part 7, to any person who is not licensed under this part 7 or is not registered in compliance with the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended;

(m) Disregarding or violating any provision of this part 7 or any rule adopted by the board pursuant to this part 7; violating any lawful orders of the board; or aiding and abetting a violation of any rule, order of the board, or provision of this part 7;

(n) 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 to 4 of article 4 of title 18, article 5 of title 18, part 3 of article 8 of title 18, article 15 of title 18, article 17 of title 18, 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 a conviction or other official record indicating that a plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 7.

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

(p) Failing to immediately notify the board 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 mortgage loan originator by conducting business in such a manner as to endanger the interest of the public;

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

(s) 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 7;

(t) Exercising an option to purchase in any agreement authorizing or employing a 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;

(u) Fraud, misrepresentation, deceit, or conversion of trust funds that results in the payment of any claim pursuant to this part 7 or that results in the entry of a civil judgment for damages;

(v) Any other conduct, whether of the same or a different character than specified in this subsection (1), that evinces a lack of good faith and fair dealing;

(w) Having had a mortgage loan originator's license suspended or revoked in any jurisdiction or having had any disciplinary action taken against the mortgage loan originator in any other jurisdiction. A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action.

(x) Engaging in any unfair or deceptive practice toward any person;

(y) Obtaining property by fraud or misrepresentation;

(z) Soliciting or entering into a contract with a borrower that provides, in substance, that the mortgage loan originator may earn a fee or commission through the mortgage loan originator's best efforts to obtain a loan even though no loan is actually obtained for the borrower;

(aa) Soliciting, advertising, or entering into a contract for specific interest rates, points, or other financing terms unless the terms are actually available at the time of the solicitation, advertisement, or contract;

(bb) Failing to make a disclosure to a loan applicant or a noninstitutional investor as required by section 12-10-725 and any other applicable state or federal law;

(cc) Making, in any manner, any false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan or engaging in bait and switch advertising;

(dd) Negligently making any false statement or knowingly and willfully omitting a material fact in connection with any reports filed by a mortgage loan originator or in connection with any investigation conducted by the division;

(ee) In any advertising of residential mortgage loans or any other applicable mortgage loan originator activities covered by the following federal acts, failing to comply with any requirement of the "Truth in Lending Act", 15 U.S.C. sec. 1601 and Regulation Z, 12 CFR 226 and 12 CFR 1026; the "Real Estate Settlement Procedures Act of 1974", 12 U.S.C. sec. 2601 and Regulation X, 12 CFR 1024 et seq.; the "Equal Credit Opportunity Act", 15 U.S.C. sec. 1691 and Regulation B, 12 CFR 202.9, 202.11, and 202.12 and 12 CFR 1002; Title V, Subtitle A of the "Financial Services Modernization Act of 1999", also known as the "Gramm-Leach-Bliley Act", 15 U.S.C. secs. 6801 to 6809, and the federal trade commission's privacy rules, 16 CFR 313 and 314, mandated by the "Gramm-Leach-Bliley Act"; the "Home Mortgage Disclosure Act of 1975", 12 U.S.C. sec. 2801 et seq. and Regulation C, home mortgage disclosure, 12 CFR 203 and 12 CFR 1003; the "Federal Trade Commission Act" of 1914, 15 U.S.C. sec. 45 (a) and 16 CFR 233; and the "Telemarketing and Consumer Fraud and Abuse Prevention Act", 15 U.S.C. secs. 6101 to 6108, and the federal trade commission's telemarketing sales rule, 16 CFR 310, as amended. The board may adopt rules requiring mortgage loan originators to comply with other applicable state and federal statutes and regulations.

(ff) Failing to pay a third-party provider, no later than thirty days after the recording of the loan closing documents or ninety days after completion of the third-party service, whichever comes first, unless otherwise agreed or unless the third-party service provider has been notified in writing that a bona fide dispute exists regarding the performance or quality of the third-party service; or

(gg) Collecting, charging, attempting to collect or charge, or using or proposing any agreement purporting to collect or charge any fee prohibited by section 12-10-725 or 12-10-726.

(2) Upon request of the board, when any mortgage loan originator is a party to any suit or proceeding, either civil or criminal, arising out of any transaction involving a residential mortgage loan and the mortgage loan originator participated in the transaction in his or her capacity as a licensed mortgage loan originator, the mortgage loan originator shall supply to the board a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and advise the board 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.

(3) This part 7 shall not be construed to relieve any person from civil liability or criminal prosecution under the laws of this state.

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

(5) When a complaint or an investigation discloses 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, the board may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy of the letter of admonition 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.

(6) All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215.

(7) (a) The board shall not consider an application for licensure from an individual whose license has been revoked until two years after the date of revocation.

(b) If an individual's license was suspended or revoked due to conduct that resulted in financial loss to another person, no new license shall be granted, nor shall a suspended license be reinstated, until full restitution has been made to the person suffering the financial loss. The amount of restitution shall include interest, reasonable attorney fees, and costs of any suit or other proceeding undertaken in an effort to recover the loss.

(8) When the board or 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 board or division shall, in addition to the exercise of its authority under this part 7, 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. § 12-205-104 — CO Code / Title 12 / Article 205 / Section 12-205-104
12-205-104. Definitions
Status: in_force

12-205-104. Definitions. As used in this article 205, unless the context otherwise requires:

(1) "Accredited athletic training education program" means a program of instruction in athletic training that is offered by an institution of higher education and accredited by a national, regional, or state agency recognized by the United States secretary of education, or any other accredited program approved by the director.

(2) "Athlete" means a person who, in association with an educational institution, an organized community sports program or event, or a professional, amateur, or recreational organization or sports club, participates in games, sports, recreation, or exercise requiring physical strength, flexibility, range of motion, speed, stamina, or agility.

(3) "Athletic trainer" means a person engaged in the practice of athletic training.

(4) (a) "Athletic training" means the performance of those services that require the education, training, and experience required by this article 205 for licensure as an athletic trainer pursuant to section 12-205-108. "Athletic training" includes services appropriate for the prevention, recognition, assessment, management, treatment, rehabilitation, and reconditioning of injuries and illnesses sustained by an athlete:

(I) Who is engaged in sports, games, recreation, or exercise requiring physical strength, flexibility, range of motion, speed, stamina, or agility; or

(II) That affect an athlete's participation or performance in sports, games, recreation, or exercise as described in subsection (4)(a)(I) of this section.

(b) "Athletic training" includes:

(I) Planning, administering, evaluating, and modifying methods for prevention and risk management of injuries and illnesses;

(II) Identifying an athlete's medical conditions and disabilities and appropriately caring for or referring an athlete as appropriate;

(III) Recognizing, assessing, treating, managing, preventing, rehabilitating, reconditioning, and appropriately referring to another health-care provider to treat injuries and illnesses;

(IV) Using therapeutic modalities for which the athletic trainer has received appropriate training and education;

(V) Using conditioning and rehabilitative exercise;

(VI) Using topical pharmacological agents, in conjunction with the administration of therapeutic modalities and pursuant to prescriptions issued in accordance with the laws of this state, for which the athletic trainer has received appropriate training and education;

(VII) Educating and counseling athletes concerning the prevention and care of injuries and illnesses;

(VIII) Educating and counseling the general public with respect to athletic training services;

(IX) Referring an athlete receiving athletic training services to appropriate health-care personnel as needed; and

(X) Planning, organizing, administering, and evaluating the practice of athletic training.

(c) As used in this subsection (4), "injuries and illnesses" includes those conditions in an athlete for which athletic trainers, as the result of their education, training, and competency, are qualified to provide care.

(5) "Direction of a Colorado-licensed or otherwise lawfully practicing physician or physician assistant" means the planning of services with a physician or physician assistant licensed under article 240 of this title 12 or under the medical practice act of another jurisdiction; the development and approval by the physician or physician assistant of procedures and protocols to be followed in the event of an injury or illness; the mutual review of the protocols on a periodic basis; and the appropriate consultation and referral between the physician or physician assistant and the athletic trainer.

(6) "National certifying agency" means a nationally recognized agency that certifies the competency of athletic trainers through the use of an examination.
C.R.S. § 12-280-104 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-104
12-280-104. State board of pharmacy - creation - subject to review - repeal of parts
Status: repealed

12-280-104. State board of pharmacy - creation - subject to review - repeal of parts. (1) The responsibility for enforcement of this article 280 is vested in the state board of pharmacy, which is hereby created. The board has all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this article 280, as well as other duties, powers, and authority as may be granted by statute from time to time. Except as otherwise provided to the contrary, the board shall exercise all its duties, powers, and authority in accordance with the "State Administrative Procedure Act", article 4 of title 24.

(2) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this article 280 under the department and the executive director.

(3) Parts 1 to 3, 5, and 6 of this article 280 are repealed, effective September 1, 2030. Before the repeal, the board and the regulation of the practice of pharmacy pursuant to parts 1 to 3, 5, and 6 of this article 280 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-315-303 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-303
12-315-303. Treatment of patients using telehealth - telemedicine - licensure - technology -
Status: in_force

12-315-303. Treatment of patients using telehealth - telemedicine - licensure - technology - consent. (1) (a) A person must be licensed to practice veterinary medicine in Colorado in order to practice telemedicine in Colorado.

(b) A person who is not a licensed veterinarian in Colorado and who uses telemedicine to provide veterinary services to animals and individuals responsible for the animals engages in the unauthorized practice of veterinary medicine. Such person is subject to penalties for the unauthorized practice of veterinary medicine pursuant to section 12-315-114.

(2) A licensed veterinarian shall employ sound, professional judgment when determining whether to provide veterinary services to a patient through telemedicine and shall use telemedicine only when such use is medically appropriate based on the patient's condition.

(3) A veterinary professional shall ensure that the technology used when providing veterinary services through telehealth is of appropriate quality to ensure:

(a) Accuracy of the remote assessment of the patient's condition or behavior;

(b) Clear communication with clients; and

(c) Compliance with all relevant privacy and confidentiality requirements.

(4) (a) A veterinary professional shall obtain consent from the client before providing veterinary services through telehealth and shall record the client's consent in the patient's medical record.

(b) A veterinary professional using telehealth to provide veterinary services shall inform the client, or the client's authorized representative, of:

(I) The veterinary professional's name, location, and, if applicable, license number and licensure status;

(II) Whether, in the veterinarian's professional opinion, the patient's condition can be accurately diagnosed or treated using telemedicine; and

(III) The diagnosis, prognosis, and treatment options for the patient.
C.R.S. § 12-30-120 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-120
12-30-120. Unprofessional conduct - grounds for discipline - offering medication abortion r
Status: in_force

12-30-120. Unprofessional conduct - grounds for discipline - offering medication abortion reversal - definitions - rules. (1) As used in this section:

(a) "Abortion" has the meaning set forth in section 25-6-402 (1).

(b) "Medication abortion" means an abortion conducted solely through the use of one or more prescription drugs.

(c) "Medication abortion reversal" means administering, dispensing, distributing, or delivering a drug with the intent to interfere with, reverse, or halt a medication abortion.

(2) (a) A licensee, registrant, or certificant engages in unprofessional conduct or is subject to discipline pursuant to this title 12 if the licensee, registrant, or certificant provides, prescribes, administers, or attempts medication abortion reversal in this state, unless the Colorado medical board created in section 12-240-105 (1), the state board of pharmacy created in section 12-280-104 (1), and the state board of nursing created in section 12-255-105 (1), in consultation with each other, each have in effect rules finding that it is a generally accepted standard of practice to engage in medication abortion reversal.

(b) The boards specified in subsection (2)(a) of this section shall promulgate applicable rules no later than October 1, 2023, in consultation with each other, concerning whether engaging in medication abortion reversal is a generally accepted standard of practice.
C.R.S. § 12-135-105 — CO Code / Title 12 / Article 135 / Part 1 / Section 12-135-105
12-135-105. Unlawful acts
Status: in_force

12-135-105. Unlawful acts. (1) It is unlawful:

(a) To disinfect or preserve or to make final disposition of human remains with knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the deceased until the permission of the coroner, deputy coroner, or district attorney, if there is no coroner, has been first obtained;

(b) To discriminate because of race, creed, color, religion, disability, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in the provision of funeral services;

(c) For any public officer or employee or any other person having a professional relationship with the decedent to approve or cause the final disposition of human remains in violation of this article 135;

(d) For a person in the business of paying for or providing death benefits, funerals, funeral ceremonies, final dispositions, or preneed contracts to pay or provide benefits in a manner that limits the funeral establishments where the next of kin or legal representative can use those payments or benefits;

(e) For a funeral director, mortuary science practitioner, embalmer, funeral establishment, or facility in which people regularly die or the person's or facility's agent to engage in a business practice that interferes with the freedom of choice of the general public to choose a funeral director, mortuary science practitioner, embalmer, or funeral establishment;

(f) For a county coroner to violate section 30-10-619;

(g) To transport or otherwise transfer by common carrier human remains unless:

(I) A funeral director, mortuary science practitioner, or embalmer has embalmed or hermetically sealed the body for transportation and complies with applicable common carrier law; or

(II) The transport or transfer is to a funeral establishment, funeral director, or embalmer within the state of Colorado;

(h) To advertise as holding a degree, a certificate of registration, a professional license, or a professional certification issued by a state, political subdivision, or agency unless the person holds the degree, registration, license, or certification and it is current and valid at the time of advertisement;

(i) For a funeral director, mortuary science practitioner, or embalmer to admit or permit any person to visit the embalming, cremation, or preparation room during the time a body is being embalmed, cremated, or prepared for final disposition, unless the person:

(I) Is a funeral director, mortuary science practitioner, cremationist, or embalmer;

(II) Is an authorized employee of a funeral establishment;

(III) Has the written consent of the next of kin of the deceased person or of a person having legal authority to give permission in the absence of any next of kin;

(IV) Enters by order of a court of competent jurisdiction or is a peace officer as described in article 2.5 of title 16;

(V) Is a student enrolled in a mortuary science program;

(VI) Is a registered or licensed nurse with a medical reason to be present;

(VII) Is a licensed physician or surgeon with a medical reason to be present;

(VIII) Is a technician representing a procurement organization as defined in section 15-19-202 for purposes of an anatomical gift; or

(IX) Is the director or the director's designee;

(j) To refuse to properly and promptly release human remains, naturally reduced remains, or cremated remains to the custody of the person who has the legal right to effect the release, whether or not any costs have been paid;

(k) To tell a person that a casket is required when the expressed wish is for immediate cremation;

(l) To embalm, naturally reduce, or cremate human remains without obtaining permission from the person with the right of final disposition unless otherwise required by section 12-135-106;

(m) To prohibit, hinder, or restrict or to attempt to prohibit, hinder, or restrict the following:

(I) The offering or advertising of immediate cremation, natural reduction, advance funeral arrangements, or low-cost funerals;

(II) Arrangements between memorial societies and funeral industry members; or

(III) A funeral service industry member from disclosing accurate information concerning funeral merchandise and services;

(n) To engage in willfully dishonest conduct or commit negligence in the practice of embalming, funeral directing, or providing for final disposition that defrauds or causes injury or is likely to defraud or cause injury;

(o) To fail to include in a contract for funeral services the following statement: "FUNERAL HOMES AND CREMATORY ESTABLISHMENTS ARE REGULATED BY THE DEPARTMENT OF REGULATORY AGENCIES. TO FILE A COMPLAINT, CONTACT", along with the current address or telephone number of the department;

(p) For a person owning an indirect or a direct interest in a funeral establishment to own an indirect interest in a nontransplant tissue bank, as defined in section 12-140-102 (3), or to own a direct interest in a nontransplant tissue bank;

(q) To sell or offer to sell the soil produced by the natural reduction of human remains to any person;

(r) To commingle without the consent of the person or persons with the right of final disposition, as determined by section 15-19-106, in the course of a person's business, vocation, or occupation:

(I) The soil produced by the natural reduction of the human remains of more than one person except as authorized in section 12-135-109 (5)(a); or

(II) The human remains of more than one person within the container wherein natural reduction produces soil;

(s) To use, in the course of a person's business, vocation, or occupation, the soil produced by the natural reduction of human remains to grow food for human consumption.

(2) For purposes of this section only, "next of kin" shall not include any person who is arrested on suspicion of having committed, is charged with, or has been convicted of, any felony offense specified in part 1 of article 3 of title 18 involving the death of the deceased person. If charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime before final disposition of the deceased person's body, this subsection (2) shall not apply.
C.R.S. § 12-10-725 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-725
12-10-725. Written disclosure of fees and costs - contents - limits on fees - rules
Status: in_force

12-10-725. Written disclosure of fees and costs - contents - limits on fees - rules. (1) A mortgage loan originator's disclosures must comply with all applicable requirements of:

(a) The federal "Truth in Lending Act", 15 U.S.C. sec. 1601 et seq., and Regulation Z, 12 CFR 226 and 12 CFR 1026;

(b) The federal "Real Estate Settlement Procedures Act of 1974", 12 U.S.C. sec. 2601 et seq., and Regulation X, 12 CFR 1024 et seq.;

(c) The federal "Equal Credit Opportunity Act", 15 U.S.C. sec. 1691 and Regulation B, 12 CFR 202.9, 202.11, and 202.12 and 12 CFR 1002;

(d) Title V, Subtitle A of the federal "Financial Services Modernization Act of 1999", also known as the "Gramm-Leach-Bliley Act", 15 U.S.C. secs. 6801 to 6809, and the federal trade commission's privacy rules, 16 CFR 313 and 314, adopted in accordance with the federal "Gramm-Leach-Bliley Act";

(e) The federal "Home Mortgage Disclosure Act of 1975", 12 U.S.C. sec. 2801 et seq., and Regulation C, 12 CFR 203 and 12 CFR 1003, pertaining to home mortgage disclosure;

(f) The "Federal Trade Commission Act" of 1914, 15 U.S.C. sec. 45 (a), and 16 CFR 233;

(g) The federal "Telemarketing and Consumer Fraud and Abuse Prevention Act", 15 U.S.C. secs. 6101 to 6108, and the federal trade commission's telemarketing sales rule, 16 CFR 310.

(2) The board may, by rule, require mortgage loan originators to comply with other mortgage loan disclosure requirements contained in applicable statutes and regulations in connection with making any residential mortgage loan or engaging in other activity subject to this part 7.
C.R.S. § 12-135-108 — CO Code / Title 12 / Article 135 / Part 1 / Section 12-135-108
12-135-108. Violations and penalties
Status: in_force

12-135-108. Violations and penalties. Any person who violates this part 1 or part 3 of this article 135 commits a class 1 misdemeanor.
C.R.S. § 12-10-611 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-611
12-10-611. Licensure or certification by endorsement - temporary practice
Status: in_force

12-10-611. Licensure or certification by endorsement - temporary practice. (1) The board may issue a license or certification to an appraiser by endorsement to engage in the occupation of real estate appraisal to any applicant who has a license or certification in good standing as a real estate appraiser under the laws of another jurisdiction if:

(a) The applicant presents proof satisfactory to the board that, at the time of application for a Colorado license or certificate by endorsement, the applicant possesses credentials and qualifications that are substantially equivalent to the requirements of this part 6; or

(b) The jurisdiction that issued the applicant a license or certificate to engage in the occupation of real estate appraisal has a law similar to this subsection (1) pursuant to which it licenses or certifies persons who are licensed real estate appraisers in this state.

(2) The board may specify, by rule, what constitutes substantially equivalent credentials and qualifications and the manner in which the board will review credentials and qualifications of an applicant.

(3) Pursuant to section 1122 (a) of Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", Pub.L. 101-73, as amended, the board shall recognize, on a temporary basis, the license or certification of an appraiser issued by another state if:

(a) The appraiser's business is of a temporary nature; and

(b) The appraiser applies for and is granted a temporary practice permit by the board.
C.R.S. § 12-145-105 — CO Code / Title 12 / Article 145 / Section 12-145-105
12-145-105. Registration required - fees
Status: in_force

12-145-105. Registration required - fees. (1) A person shall not engage in activities as an outfitter, advertise in any publication as an outfitter, or represent himself, herself, or itself as an outfitter unless the person first obtains a registration from the division and unless the registration is in full force and effect and in the person's immediate possession. A person shall not continue to act as an outfitter if the person's registration has been suspended or revoked or has expired.

(2) An applicant for registration as an outfitter shall follow the procedures provided in section 12-145-108 and any other procedures required by the director. All applicants shall pay a nonrefundable registration fee to be determined by the director in accordance with section 12-20-105 (2).
C.R.S. § 12-120-405 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-405
12-120-405. Unauthorized practice - penalties - enforcement
Status: in_force

12-120-405. Unauthorized practice - penalties - enforcement. (1) Unless exempted under section 12-120-403 (7), any person who practices or offers or attempts to practice architecture without an active license issued under this part 4 is subject to penalties as specified in section 12-20-407 (1)(a).

(2) (a) It is unlawful for any individual to hold oneself out to the public as an architect unless the individual has complied with this part 4.

(b) It is unlawful for any person to practice, or offer to practice, architecture in this state unless the individual in responsible control has complied with this part 4.

(c) (I) Unless licensed pursuant to this part 4, it is unlawful for any person to:

(A) Use any of the following titles: "Architect", "architects", "architecture", "architectural", or "licensed architect"; or

(B) Use the words "architect", "architects", "architecture", "architectural", or "licensed architect" in any offer to the public to perform the services set forth in section 12-120-402 (5).

(II) Nothing in this subsection (2) prohibits the general use of the words "architect", "architecture", or "architectural", including the specific use of the term "architectural intern", by an individual who is working under the supervision of an architect and is in the process of completing required practice hours in preparation for the architect licensing examination, so long as those words are not being used in an offer to the public to perform the services set forth in section 12-120-402 (5).

(3) The attorney general or the attorney general's assistant shall act as legal advisor to the board and render such timely legal assistance as may be necessary in carrying out this part 4. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 4, and the compensation and expenses therefor shall be paid from the funds of the board.

(4) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

(5) After finding that a person has unlawfully engaged in the practice of architecture, the board may jointly and severally assess against the person a fine of not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

(6) An individual practicing architecture who is not licensed or exempt from licensure shall not collect compensation of any kind for the practice, and, if compensation has been paid, the individual shall refund the compensation in full.
C.R.S. § 12-270-113 — CO Code / Title 12 / Article 270 / Section 12-270-113
12-270-113. Protection of medical records - licensee's obligations - verification of complia
Status: in_force

12-270-113. Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules. (1) Each occupational therapist and occupational therapy assistant responsible for client medical records shall develop a written plan to ensure the security of client medical records. The plan must address at least the following:

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

(b) The disposition of client medical records if the licensee dies, retires, or otherwise ceases to practice or provide occupational therapy services to clients; and

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

(2) A licensee shall inform each client in writing of the method by which the client may access or obtain the client's medical records if an event described in subsection (1)(b) of this section occurs.

(3) Upon initial licensure under this article 270 and upon renewal of a license, the applicant or licensee shall attest to the director that the licensee has developed a plan in compliance with this section.

(4) A licensee who fails to comply with this section is subject to discipline in accordance with section 12-270-114.

(5) The director may adopt rules reasonably necessary to implement this section.
C.R.S. § 12-245-213 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-213
12-245-213. Professional service corporations for the practice of psychology, social work, m
Status: in_force

12-245-213. Professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, and addiction counseling - definitions. (1) Licensees, registrants, or certificate holders may, but are not required to, form professional service corporations for the practice of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with this section. The articles of incorporation of a professional service corporation formed pursuant to this section must contain provisions complying with the following requirements:

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

(b) The corporation must be organized by licensees, registrants, or certificate holders for the purpose of conducting the practice of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, or addiction counseling by the respective licensees, registrants, or certificate holders of those practices. The corporation may be organized with any other person, and any person may own shares in the corporation, if the following conditions are met:

(I) The practice of psychology, as defined in section 12-245-303, by the professional service corporation is performed by or under the supervision of a licensed psychologist, and any psychologist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245;

(II) The practice of social work, as defined in section 12-245-403, by the professional service corporation is performed by a licensed social worker acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed social worker. Any licensed social worker member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245.

(III) The practice of marriage and family therapy, as defined in section 12-245-503, by the professional service corporation is performed by a licensed marriage and family therapist acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed marriage and family therapist. Any licensed marriage and family therapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245.

(IV) The practice of licensed professional counseling, as defined in section 12-245-603, by the professional service corporation is performed by a licensed professional counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed professional counselor. Any licensed professional counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided elsewhere in this article 245.

(V) The practice of addiction counseling, as defined in section 12-245-803, by the professional service corporation is performed by a licensed addiction counselor acting independently or under the supervision of a person licensed pursuant to this article 245 or a licensed addiction counselor. Any licensed addiction counselor member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245; or

(VI) The practice of psychotherapy, as defined in section 12-245-202, by the professional service corporation is performed by an unlicensed psychotherapist acting independently or under the supervision of a person licensed pursuant to this article 245 or an unlicensed psychotherapist. Any unlicensed psychotherapist member of the professional service corporation remains individually responsible for his or her professional acts and conduct as provided in this article 245.

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

(d) Lay directors and officers shall not exercise any authority whatsoever over professional matters.

(e) The articles of incorporation must provide, and all shareholders of the corporation must agree, that either all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods when the corporation maintains professional liability insurance that meets the following minimum standards:

(I) The insurance insures the corporation against liability imposed upon the corporation by law for damages resulting from any claim made against the corporation arising out of the performance of professional services for others by those officers and employees of the corporation who are licensed, registered, or certified to practice under this article 245 or by those employees who provide professional services under supervision.

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

(III) The insurance is in an amount for each claim of at least one hundred thousand dollars multiplied by the number of persons licensed, registered, or certified to practice under this article 245 who are employed by the corporation. The policy may provide for an aggregate maximum limit of liability per year for all claims of three hundred thousand dollars also multiplied by the number of licensees, registrants, or certificate holders employed by the corporation, but no corporation is required to carry insurance in excess of three hundred thousand dollars for each claim with an aggregate maximum limit of liability for all claims during the year of nine hundred thousand dollars.

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

(V) The insurance policy may contain reasonable provisions with respect to policy periods, territory, claims, conditions, and other usual matters.

(2) The corporation shall not act or fail to act in a manner that would violate section 12-245-224 (1). Any violation of this section by the corporation is grounds for a board to discipline any licensee, registrant, or certificate holder who is a member of or is employed by the corporation pursuant to section 12-245-226.

(3) Nothing in this section diminishes or changes the obligation of each licensee, registrant, or certificate holder employed by the corporation to conduct his or her practice in a manner that does not violate section 12-245-224 (1). Any licensee, registrant, or certificate holder who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-245-224 (1) or this section is personally responsible for the act or omission and is subject to discipline by the board.

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

(5) Nothing in this section shall be deemed to modify the privileges regarding confidential communications specified in sections 12-245-220 and 13-90-107 (1)(g).

(6) Nothing in this article 245 limits persons licensed, registered, or certified under this article 245 from forming a corporation with persons licensed, registered, or certified under this article 245.

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

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

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

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

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

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

(f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.
C.R.S. § 12-145-117 — CO Code / Title 12 / Article 145 / Section 12-145-117
12-145-117. Notice - hunting and fishing license
Status: in_force

12-145-117. Notice - hunting and fishing license. The division and the division of parks and wildlife shall develop a system to provide a written notice with each hunting or fishing license, at the time of issuance, stating that it is illegal to provide outfitting services in Colorado without registering with the division.
C.R.S. § 12-210-202 — CO Code / Title 12 / Article 210 / Part 2 / Section 12-210-202
12-210-202. Dispensing hearing aids - deceptive trade practices
Status: reserved

12-210-202. Dispensing hearing aids - deceptive trade practices. (1) In addition to any other deceptive trade practices under section 6-1-105, a dispenser engages in a deceptive trade practice when the dispenser:

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

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

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

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

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

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

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

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

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

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

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

(IV) Acute or chronic dizziness;

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

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

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

(VIII) Pain or discomfort in the ear;

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

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

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

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

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

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

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

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

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

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

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

(II) Be false or misleading;

(g) Directly or indirectly:

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

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

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

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

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

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

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

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

(b) This section does not apply to the dispensing of hearing aids outside of this state so long as the transaction either conforms to this section or to the applicable laws and rules of the jurisdiction in which the transaction takes place.
C.R.S. § 12-245-704 — CO Code / Title 12 / Article 245 / Part 7 / Section 12-245-704
12-245-704. Expenses of the board
Status: in_force

12-245-704. Expenses of the board. All reasonable expenses of the board shall be paid as determined by the director from the fees collected pursuant to section 12-245-205 as provided by law.
C.R.S. § 12-275-105 — CO Code / Title 12 / Article 275 / Section 12-275-105
12-275-105. Persons entitled to practice optometry - title protection of optometrists
Status: in_force

12-275-105. Persons entitled to practice optometry - title protection of optometrists. It shall be unlawful for any person to practice optometry in this state except those who are duly licensed optometrists pursuant to the provisions of this article 275. A person licensed as an optometrist pursuant to the provisions of this article 275 may use the title "optometrist", the initials "O.D.", or the term "doctor of optometry". No other person shall use the title "optometrist", "O.D.", "doctor of optometry", or any other word or abbreviation to indicate or induce others to believe that one is licensed to practice optometry in this state.
C.R.S. § 12-170-117 — CO Code / Title 12 / Article 170 / Section 12-170-117
12-170-117. Repeal of article - review of functions
Status: repealed

12-170-117. Repeal of article - review of functions. This article 170 is repealed, effective September 1, 2032. Before the repeal, this article 170 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-130-118 — CO Code / Title 12 / Article 130 / Section 12-130-118
12-130-118. Architecture, engineering, and surveying
Status: in_force

12-130-118. Architecture, engineering, and surveying. Nothing in this article 130 shall be construed to authorize a landscape architect to engage in the practice of architecture, as defined in part 4 of article 120 of this title 12, the practice of engineering, as defined in part 2 of article 120 of this title 12, or professional land surveying, as defined in part 3 of article 120 of this title 12.
C.R.S. § 12-250-109 — CO Code / Title 12 / Article 250 / Section 12-250-109
12-250-109. Continuing professional competency - rules
Status: in_force

12-250-109. Continuing professional competency - rules. (1) (a) A naturopathic doctor shall maintain continuing professional competency to practice naturopathic medicine.

(b) The director shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:

(I) A self-assessment of the knowledge and skills of a naturopathic doctor seeking to renew or reinstate a registration;

(II) Development, execution, and documentation of a learning plan based on the assessment; and

(III) Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure continuing competency in the profession; except that a naturopathic doctor need not retake any examination required by section 12-250-107 (2)(d) for initial registration.

(c) The director shall establish that a naturopathic doctor satisfies the continuing competency requirements of this section if the naturopathic doctor meets the continuing professional competency requirements of one of the following entities:

(I) A state department, including continuing professional competency requirements imposed through a contractual arrangement with a provider;

(II) An accrediting body recognized by the director; or

(III) An entity approved by the director.

(d) (I) After the program is established, a naturopathic doctor shall satisfy the requirements of the program in order to renew or reinstate a registration to practice naturopathic medicine.

(II) The requirements of this section apply to individual naturopathic doctors, and nothing in this section requires a person who employs or contracts with a naturopathic doctor to comply with the requirements of this section.

(2) Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a naturopathic doctor. Neither the director nor any other person shall use the records or documents unless used by the director to determine whether a naturopathic doctor is maintaining continuing professional competency to engage in the profession.
C.R.S. § 12-225-110 — CO Code / Title 12 / Article 225 / Section 12-225-110
12-225-110. Unauthorized practice - penalties
Status: in_force

12-225-110. Unauthorized practice - penalties. Any person who practices or offers or attempts to practice direct-entry midwifery without an active registration issued under this article 225 is subject to penalties pursuant to section 12-20-407 (1)(a).
C.R.S. § 12-315-305 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-305
12-315-305. Prescribing medication through telemedicine
Status: in_force

12-315-305. Prescribing medication through telemedicine. (1) (a) Except as provided in subsection (3) of this section, only a licensed veterinarian with an established veterinarian-client-patient relationship may prescribe medication through telemedicine.

(b) A licensed veterinarian shall use professional judgment when determining if it is appropriate to prescribe medication through telemedicine.

(2) A licensed veterinarian who prescribes medication through telemedicine is subject to the limitations on prescriptions specified in section 12-30-109.

(3) In accordance with section 12-315-105 (2)(b), a licensed veterinarian who does not have an established veterinarian-client-patient relationship with an animal and its owner may use telemedicine to administer, distribute, or dispense a prescription drug that has been prescribed by another licensed veterinarian who has an established veterinarian-client-patient relationship.
C.R.S. § 12-315-126 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-126
12-315-126. Prescriptions - limitations
Status: repealed

12-315-126. Prescriptions - limitations. (Repealed)
C.R.S. § 12-285-126 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-126
12-285-126. Professional review committees - immunity
Status: in_force

12-285-126. Professional review committees - immunity. (1) A professional review committee may be established pursuant to this section to investigate the quality of care being given by a person licensed under this article 285. It shall include in its membership at least three persons licensed under this article 285, but the committee may be authorized to act only by:

(a) The board;

(b) A society or an association of physical therapists whose membership includes not less than one-third of the persons licensed pursuant to this article 285 and residing in this state if the licensee whose services are the subject of review is a member of the society or association; or

(c) A hospital licensed pursuant to part 1 of article 3 of title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II); except that the professional review committee shall include in its membership at least a two-thirds majority of persons licensed under this article 285. The review committee may function under the quality management provisions of section 25-3-109.

(2) Any professional review committee established pursuant to subsection (1) of this section shall report to the board any adverse findings that would constitute a possible violation of this article 285.

(3) In addition to the persons specified in section 12-20-402, a member of a professional review committee authorized by the board, a member of the committee's staff, a person acting as a witness or consultant to the committee, a witness testifying in a proceeding authorized under this article 285, and a person who lodges a complaint pursuant to this article 285 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.
C.R.S. § 12-145-102 — CO Code / Title 12 / Article 145 / Section 12-145-102
12-145-102. Applicability of common provisions
Status: in_force

12-145-102. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 145.
C.R.S. § 12-100-106 — CO Code / Title 12 / Article 100 / Section 12-100-106
12-100-106. Fees
Status: repealed

12-100-106. Fees. (1) A fee authorized to be established pursuant to section 12-20-105 shall be paid for each application made to the board, whether it is an application for examination or reexamination or for issuance, renewal, reactivation, or reinstatement of a certificate of certified public accountant, an application for registration with the board as a public accounting firm, or any other application requiring formal action or consideration by the board. The fee required shall not be returnable irrespective of the action taken by the board.

(2) A fee authorized to be established pursuant to section 12-20-105 shall be paid for each examination in which the candidate is examined in the subjects prescribed by the board.

(3) Repealed.

(4) Nothing in this section shall be construed to authorize the board to impose any notice, fee, or other submission requirement on a certified public accountant or registered public accountant from another state or a foreign partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company, that is practicing accountancy in this state pursuant to section 12-100-117 (2).
C.R.S. § 12-225-103 — CO Code / Title 12 / Article 225 / Section 12-225-103
12-225-103. Definitions
Status: in_force

12-225-103. Definitions. As used in this article 225, unless the context otherwise requires:

(1) "Birth center" means a freestanding facility licensed by the department of public health and environment that:

(a) Is not a hospital, attached to a hospital, or located in a hospital;

(b) Provides prenatal, labor, delivery, and postpartum care to low-risk pregnant persons and newborns; and

(c) Provides care during delivery and immediately after delivery that is generally less than twenty-four hours in duration.

(1.5) "Client" means a pregnant woman for whom a direct-entry midwife performs services. For purposes of perinatal or postpartum care, "client" includes the woman's newborn.

(2) "Direct-entry midwife" means a person who practices direct-entry midwifery.

(3) "Direct-entry midwifery" or "practice of direct-entry midwifery" means the advising, attending, or assisting of a woman during pregnancy, labor and natural childbirth at home or at a birth center, and the postpartum period in accordance with this article 225.

(4) "Natural childbirth" means the birth of a child without the use of instruments, surgical procedures, or prescription drugs other than those for which the direct-entry midwife has specific authority under this article 225 to obtain and administer.

(5) "Perinatal" means the period from the twenty-eighth week of pregnancy through seven days after birth.

(6) "Postpartum period" means the period of six weeks after birth.
C.R.S. § 12-235-106 — CO Code / Title 12 / Article 235 / Section 12-235-106
12-235-106. Limitations on authority
Status: in_force

12-235-106. Limitations on authority. (1) Nothing in this article 235 shall be construed as authorizing a massage therapist to perform any of the following acts:

(a) The practice of medicine pursuant to article 240 of this title 12;

(b) The practice of physical therapy pursuant to article 285 of this title 12;

(c) The practice of chiropractic pursuant to article 215 of this title 12; or

(d) Any other forms of healing or healing arts not authorized by this article 235.
C.R.S. § 12-295-101 — CO Code / Title 12 / Article 295 / Section 12-295-101
12-295-101. Legislative declaration
Status: in_force

12-295-101. Legislative declaration. It is declared to be the policy of the state of Colorado that, in order to safeguard life, health, property, and the public welfare of the people of the state of Colorado, and in order to protect the people of the state of Colorado against unauthorized, unqualified, and improper application of interpersonal psychiatric nursing relationships, it is necessary that a proper regulatory authority be established, and adequately provided for. Any person who practices as a psychiatric technician without qualifying for proper registration, and without submitting to the regulations provided in this article 295, endangers the public health thereby.
C.R.S. § 12-10-213 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-213
12-10-213. Renewal of license - continuing education requirement - rules
Status: in_force

12-10-213. Renewal of license - continuing education requirement - rules. (1) A broker applying for renewal of a license pursuant to section 12-10-212 (4) shall include with the application a certified statement verifying successful completion of real estate courses in accordance with the following schedule:

(a) For licensees applying for renewal of a three-year license, passage within the previous three years of the Colorado portion of the real estate exam or completion of a minimum of twenty-four hours of credit, twelve of which must be the credits developed by the commission pursuant to subsection (2) of this section;

(b) For licensees applying for renewal of a license that expires less than three years after it was issued, passage within the license period of the Colorado portion of the real estate exam or completion of a minimum of twenty-four hours of credit, at least eight of which must be the credits developed by the commission pursuant to subsection (2) of this section.

(2) The commission shall develop twelve hours of credit designed to assure reasonable currency of real estate knowledge by licensees, which credits shall include an update of the current statutes and the rules promulgated by the commission that affect the practice of real estate. If a licensee takes a course pursuant to rule 250 of the Colorado rules of civil procedure and the course concerns real property law, the licensee shall receive credit for the course toward the fulfillment of the licensee's continuing education requirements pursuant to this section. The credits shall be taken from an accredited Colorado college or university; a Colorado community college; a Colorado private occupational school holding a certificate of approval from the state board for community colleges and occupational education; or an educational institution or an educational service described in section 23-64-104. Successful completion of the credits shall require satisfactory passage of a written examination or written examinations of the materials covered. The examinations shall be audited by the commission to verify their accuracy and the validity of the grades given. The commission shall set the standards required for satisfactory passage of the examinations.

(3) All credits, other than the credits specified in subsection (2) of this section, shall be acquired from educational courses approved by the commission that contribute directly to the professional competence of a licensee. The credits may be acquired through successful completion of instruction in one or more of the following subjects:

(a) Real estate law;

(b) Property exchanges;

(c) Real estate contracts;

(d) Real estate finance;

(e) Real estate appraisal;

(f) Real estate closing;

(g) Real estate ethics;

(h) Condominiums and cooperatives;

(i) Real estate time-sharing;

(j) Real estate marketing principles;

(k) Real estate construction;

(l) Land development;

(m) Real estate energy concerns;

(n) Real estate geology;

(o) Water and waste management;

(p) Commercial real estate;

(q) Real estate securities and syndications;

(r) Property management;

(s) Real estate computer principles;

(t) Brokerage administration and management;

(u) Agency; and

(v) Any other subject matter as approved by the commission.

(4) A licensee applying for renewal of a license that expires on December 31 of the year in which it was issued is not subject to the education requirements set forth in subsection (1) of this section.

(5) The commission shall promulgate rules to implement this section.
C.R.S. § 12-145-110 — CO Code / Title 12 / Article 145 / Section 12-145-110
12-145-110. Penalties - distribution of fines
Status: in_force

12-145-110. Penalties - distribution of fines. (1) In addition to the disciplinary or other actions authorized under sections 12-20-404 and 12-145-109, the director may impose an administrative fine on any person who violates the provisions of this article 145 or the rules of the director promulgated under this article 145, upon a finding of a violation subject to article 4 of title 24, as follows:

(a) In the first administrative proceeding against any person, a fine of not less than one hundred dollars but not more than five hundred dollars per violation;

(b) In any subsequent administrative proceeding against any person for transactions occurring after a final agency action determining that a violation of this article 145 has occurred, a fine of not less than one thousand dollars but not more than two thousand dollars per violation;

(c) In an administrative proceeding against a person for a violation of section 12-145-105 (1), a fine of not less than one thousand dollars but not more than five thousand dollars per violation.

(2) A person who engages in activities as an outfitter shall maintain all applicable documents, records, and other items, for the current year and the preceding four years at the address listed on the registration, required to be maintained by this article 145 or by the rules of the director when requested to do so by the director or a peace officer. A registrant who refuses to permit the inspection of documents, records, or items commits a civil infraction.

(3) All fines collected pursuant to this article 145 shall be distributed as follows:

(a) Fifty percent divided by the court between any federal, state, or local law enforcement agency assisting with an investigation;

(b) Fifty percent to the division for the cost of administering this article 145.
C.R.S. § 12-100-117 — CO Code / Title 12 / Article 100 / Section 12-100-117
12-100-117. Exceptions - acts not prohibited - rules
Status: in_force

12-100-117. Exceptions - acts not prohibited - rules. (1) Nothing in this article 100 shall prohibit any person who is not a certified public accountant from serving as an employee of or an assistant to a certified public accountant holding an active certificate or serving as an employee or assistant of a validly registered partnership, professional corporation, or limited liability company composed of certified public accountants. The employee or assistant shall not issue any accounting or financial statement over his or her name.

(2) (a) (I) Nothing in this article 100 prohibits a certified public accountant whose principal place of business is located in another state or jurisdiction of the United States from practicing in this state on professional business, as defined by rules promulgated by the board. The practice shall be conducted in conformity with rules promulgated by the board.

(II) Notwithstanding the requirements of section 12-100-114, a foreign partnership, corporation, limited partnership, limited liability partnership, limited liability limited partnership, or limited liability company may engage in the practice of accountancy in this state without registering with the board if the practice is incident to the entity's regular practice outside this state, as defined by the board. The entity shall conduct the practice in conformity with rules promulgated by the board.

(b) Nothing in this article 100 shall prohibit an accountant who holds a certificate, degree, or license in a foreign country, constituting a recognized qualification for the practice of public accounting in the country, from practicing in this state on professional business incident to his or her regular practice outside this state, as defined by the board. The practice shall be conducted in conformity with rules promulgated by the board.

(c) A certified public accountant from another state or jurisdiction of the United States who is practicing in this state pursuant to this subsection (2) and the firm that employs the certified public accountant simultaneously consent, as a condition of practicing in this state:

(I) To be subject to the jurisdiction of and disciplinary authority of the board;

(II) To comply with the requirements of this subsection (2) and rules promulgated by the board pursuant to this subsection (2);

(III) That, if the certified public accountant's certificate, license, or registration issued by the state in which the certified public accountant's principal place of business is located is no longer valid, the certified public accountant will cease to offer or render professional services in this state, either individually or on behalf of a firm; and

(IV) To appoint the state board or entity that issued a certificate, license, or registration to the certified public accountant as the agent for service of process in any action or proceeding brought by the board against the certified public accountant.

(d) The board may recover its reasonable costs incurred as part of its investigative, administrative, and disciplinary proceedings against a certified public accountant from another state or jurisdiction of the United States or from a foreign country if the board:

(I) Enters a final order against the certified public accountant, finding that the certified public accountant violated a provision of this article 100, a rule adopted by the board, or an order of the board with which the certified public accountant is obligated to comply and the board has the authority to enforce; or

(II) Enters into a consent or settlement agreement in which the board finds, or the certified public accountant admits or does not contest, that he or she violated a provision of this article 100, a rule adopted by the board, or an order of the board with which the certified public accountant is obligated to comply and the board has the authority to enforce.
C.R.S. § 12-280-126 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-126
12-280-126. Unprofessional conduct - grounds for discipline
Status: in_force

12-280-126. Unprofessional conduct - grounds for discipline. (1) The board may take disciplinary or other action as authorized in section 12-20-404, after a hearing held in accordance with the provisions of sections 12-20-403 and 12-280-127, upon proof that the licensee, certificant, or registrant:

(a) Is guilty of misrepresentation, fraud, or deceit in procuring, attempting to procure, or renewing a license, certification, or registration;

(b) Is guilty of the commission of a felony or has had accepted by a court a plea of guilty or nolo contendere to a felony or has received a deferred judgment and sentence for a felony;

(c) Has violated:

(I) Any of the provisions of this article 280, including commission of an act declared unlawful in section 12-280-129, or an applicable provision of article 20 or 30 of this title 12;

(II) The lawful rules of the board; or

(III) Any state or federal law pertaining to drugs;

(d) Is unfit or incompetent by reason of negligence or habits, or for any other cause, to practice pharmacy or to practice as a pharmacy technician;

(e) Engages in the habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5);

(f) Knowingly permits a person not:

(I) Licensed as a pharmacist or pharmacy intern to engage in the practice of pharmacy; or

(II) Certified as a pharmacy technician to engage in the practice as a pharmacy technician;

(g) Has had a license to practice pharmacy or a certification or other authorization to practice as a pharmacy technician in another state revoked or suspended, or is otherwise disciplined or has committed acts in any other state that would subject the person to disciplinary action in this state;

(h) Has engaged in advertising that is misleading, deceptive, or false;

(i) Has dispensed a schedule III, IV, or V controlled substance order as listed in sections 18-18-205 to 18-18-207 more than six months after the date of issue of the order;

(j) Has engaged in the practice of pharmacy or the practice as a pharmacy technician while on inactive status;

(k) Has failed to meet generally accepted standards of pharmacy or pharmacy technician practice;

(l) Fails or has failed to permit the board or its agents to conduct a lawful inspection;

(m) Has violated any lawful board order;

(n) Has committed any fraudulent insurance act as defined in section 10-1-128;

(o) Has willfully deceived or attempted to deceive the board or its agents with regard to any matter under investigation by the board;

(p) Has failed to notify the board of any criminal conviction or deferred judgment within thirty days after the conviction or judgment;

(q) Has failed to notify the board of any discipline, within thirty days after the discipline, against:

(I) A license in another state; or

(II) A certification or other authorization in another state to practice as a pharmacy technician;

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

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

(III) Has failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-280-136;

(s) Has had his or her federal registration to manufacture, distribute, or dispense a controlled substance suspended or revoked;

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

(u) Has operated an automated pharmacy dispensing system or otherwise dispensed a drug from such system unless the system has been registered with the board by the operating prescription drug outlet.

(2) In considering the conviction of a crime, the board is governed by sections 12-20-202 (5) and 24-5-101.
C.R.S. § 12-290-105 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-105
12-290-105. Appointment of members of podiatry board - terms - review of functions - repeal
Status: repealed

12-290-105. Appointment of members of podiatry board - terms - review of functions - repeal of article. (1) The Colorado podiatry board is hereby established. The governor shall appoint the members of the board. The board shall consist of four podiatrist members and one member from the public at large. The member from the public shall not be a licensed health-care professional or be employed by or benefit financially from the health-care industry. The terms of the members of the board shall be four years. The governor may remove any member of the board for misconduct, incompetency, or neglect of duty. Members of the board shall remain in office until their successors are appointed.

(2) The board shall elect biennially from its membership a president and a vice-president. A majority of the board shall constitute a quorum for the transaction of all business.

(3) Members of the board shall be immune from suit in any action, civil or criminal, based upon any disciplinary proceedings or other official acts performed in good faith as members of the board.

(4) This article 290 is repealed, effective September 1, 2026. Before the repeal, the functions of the board are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-285-122 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-122
12-285-122. Disciplinary actions
Status: in_force

12-285-122. Disciplinary actions. (1) (a) The board, in accordance with article 4 of title 24 and section 12-20-403, may take disciplinary or other action as specified in section 12-20-404 or impose public censure if the board or the board's designee determines after notice and the opportunity for a hearing that the licensee has committed an act specified in section 12-285-120.

(b) In the case of a deliberate and willful violation of this article 285 or if the public health, safety, and welfare require emergency action, the board may take disciplinary action on an emergency basis under sections 24-4-104 and 24-4-105.

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

(3) In any disciplinary order that allows a physical therapist to continue to practice, the board may impose upon the licensee conditions the board deems appropriate to ensure that the physical therapist is physically, mentally, and professionally qualified to practice physical therapy in accordance with generally accepted professional standards. The conditions may include any or all of the following:

(a) Examination of the physical therapist to determine his or her mental or physical condition, as provided in section 12-285-124, or to determine professional qualifications;

(b) Any therapy, training, or education that the board believes necessary to correct deficiencies found either in a proceeding in compliance with section 24-34-106 or through an examination under subsection (3)(a) of this section;

(c) A review or supervision of a licensee's practice that the board finds necessary to identify and correct deficiencies therein;

(d) Restrictions upon the nature and scope of practice to ensure that the licensee does not practice beyond the limits of the licensee's capabilities.

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

(5) The board may take disciplinary action against a physical therapist for failure to comply with any of the conditions imposed by the board under subsection (3) of this section.

(6) The two-year waiting period specified in section 12-20-404 (3) applies to a person whose license to practice physical therapy, or to practice any other health-care occupation, is revoked by any other legally qualified board or regulatory entity.
C.R.S. § 12-255-108 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-108
12-255-108. Advisory committee
Status: in_force

12-255-108. Advisory committee. The board may appoint advisory committees including professional review committees to assist in the performance of its duties. Each advisory committee shall consist of at least three licensees who have expertise in the area under review. Members of the advisory committees shall receive no compensation for their services but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties.
C.R.S. § 12-10-702 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-702
12-10-702. Definitions
Status: in_force

12-10-702. Definitions. As used in this part 7, unless the context otherwise requires:

(1) "Affiliate" means a person who, directly or indirectly, through intermediaries, controls, is controlled by, or is under the common control of another person addressed by this part 7.

(2) "Affordable housing dwelling unit" means an affordable housing dwelling unit as defined in section 29-26-102.

(3) "Board" means the board of mortgage loan originators created in section 12-10-703.

(4) "Borrower" means any person who consults with or retains a mortgage loan originator in an effort to obtain or seek advice or information on obtaining or applying to obtain a residential mortgage loan for himself, herself, or persons including himself or herself, regardless of whether the person actually obtains such a loan.

(5) "Community development organization" means any community housing development organization or community land trust as defined by the federal "Cranston-Gonzalez National Affordable Housing Act" of 1990 or a community-based development organization as defined by the federal "Housing and Community Development Act of 1974", that is also either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and that receives funding from the United States department of housing and urban development, Colorado division of housing, Colorado housing and finance authority, or United States department of agriculture rural development, or through a grantee of the United States department of housing and urban development, purely for the purpose of community housing development activities.

(6) "Depository institution" has the same meaning as set forth in the "Federal Deposit Insurance Act", 12 U.S.C. sec. 1813 (c), and includes a credit union.

(7) "Dwelling" shall have the same meaning as set forth in the federal "Truth in Lending Act", 15 U.S.C. sec. 1602 (w).

(8) "Federal banking agency" means the board of governors of the federal reserve system, the comptroller of the currency, the director of the office of thrift supervision, the national credit union administration, or the federal deposit insurance corporation.

(9) "HUD-approved housing counseling agency" means an agency that is either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and approved by the United States department of housing and urban development, in accordance with the housing counseling program handbook section 7610.1 and 24 CFR 214.

(10) "Individual" means a natural person.

(11) (a) "Loan processor or underwriter" means an individual who performs clerical or support duties at the direction of, and subject to supervision by, a state-licensed loan originator or a registered loan originator.

(b) As used in this subsection (11), "clerical or support duties" includes duties performed after receipt of an application for a residential mortgage loan, including:

(I) The receipt, collection, distribution, and analysis of information commonly used for the processing or underwriting of a residential mortgage loan; and

(II) Communicating with a borrower to obtain the information necessary to process or underwrite a loan, to the extent that the communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms.

(12) "Mortgage company" means a person other than an individual who, through employees or other individuals, takes residential loan applications or offers or negotiates terms of a residential mortgage loan.

(13) "Mortgage lender" means a lender who is in the business of making residential mortgage loans if:

(a) The lender is the payee on the promissory note evidencing the loan; and

(b) The loan proceeds are obtained by the lender from its own funds or from a line of credit made available to the lender from a bank or other entity that regularly loans money to lenders for the purpose of funding mortgage loans.

(14) (a) "Mortgage loan originator" means an individual who:

(I) Takes a residential mortgage loan application; or

(II) Offers or negotiates terms of a residential mortgage loan.

(b) "Mortgage loan originator" does not include:

(I) An individual engaged solely as a loan processor or underwriter;

(II) A person that only performs real estate brokerage or sales activities and is licensed or registered pursuant to part 2 of this article 10, unless the person is compensated by a mortgage lender or a mortgage loan originator;

(III) A person solely involved in extensions of credit relating to time share plans, as defined in 11 U.S.C. sec. 101 (53D);

(IV) An individual who is servicing a mortgage loan; or

(V) A person that only performs the services and activities of a dealer, as defined in section 24-32-3302.

(15) "Nationwide mortgage licensing system and registry" means a mortgage licensing system developed pursuant to the federal "Secure and Fair Enforcement for Mortgage Licensing Act of 2008", 12 U.S.C. sec. 5101 et seq., as amended, to track the licensing and registration of mortgage loan originators and that is established and maintained by:

(a) The Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, or their successor entities; or

(b) The secretary of the United States department of housing and urban development.

(16) "Nontraditional mortgage product" means a mortgage product other than a thirty-year, fixed-rate mortgage.

(17) "Originate a mortgage" means to act, directly or indirectly, as a mortgage loan originator.

(18) "Person" means a natural person, corporation, company, limited liability company, partnership, firm, association, or other legal entity.

(19) "Quasi-government agency" means an agency that is either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and was created to operate in accordance with article 4 of title 29 as a public housing authority.

(20) "Real estate brokerage activity" means an activity that involves offering or providing real estate brokerage services to the public, including, without limitation:

(a) Acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property;

(b) Bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property;

(c) Negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than matters related to financing for the transaction;

(d) Engaging in an activity for which a person engaged in the activity is required under applicable law to be registered or licensed as a real estate agent or real estate broker; or

(e) Offering to engage in any activity, or act in any capacity related to the activity, described in this subsection (20).

(21) "Residential mortgage loan" means a loan that is primarily for personal, family, or household use and that is secured by a mortgage, deed of trust, or other equivalent, consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a single-family dwelling or multiple-family dwelling of four or fewer units.

(22) "Residential real estate" means any real property upon which a dwelling is or will be constructed.

(23) "Self-help housing organization" means a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal "Internal Revenue Code of 1986" pursuant to section 501 (c) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and that purely originates residential mortgage loans with interest rates no greater than zero percent for borrowers who have provided part of the labor to construct the dwelling securing the loan or that receives funding from the United States department of agriculture rural development section 502 mutual self-help housing program for borrowers that have provided part of the labor to construct the dwelling securing the loan.

(24) "Servicing a mortgage loan" means collecting, receiving, or obtaining the right to collect or receive payments on behalf of a mortgage lender, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the mortgage lender.

(25) "State-licensed loan originator" means an individual who is:

(a) A mortgage loan originator or engages in the activities of a mortgage loan originator;

(b) Not an employee of a depository institution or a subsidiary that is:

(I) Owned and controlled by a depository institution; and

(II) Regulated by a federal banking agency;

(c) Licensed or required to be licensed pursuant to this part 7; and

(d) Registered as a state-licensed loan originator with, and maintains a unique identifier through, the nationwide mortgage licensing system and registry.

(26) "Unique identifier" means a number or other identifier assigned to a mortgage loan originator pursuant to protocols established by the nationwide mortgage licensing system and registry.
C.R.S. § 12-280-502 — CO Code / Title 12 / Article 280 / Part 5 / Section 12-280-502
12-280-502. Therapeutic interchange and therapeutically equivalent selections for nursing ca
Status: in_force

12-280-502. Therapeutic interchange and therapeutically equivalent selections for nursing care facility or long-term acute care hospital patients - rules. (1) A pharmacy used by a nursing care facility or a long-term acute care hospital licensed under part 1 of article 3 of title 25 may make a therapeutic interchange or a therapeutically equivalent selection for a patient if, during the patient's stay at the facility, the selection has been approved for the patient:

(a) In accordance with written guidelines and procedures for making therapeutic interchange or therapeutically equivalent selections, as maintained in a current and readily available manner at the dispensing prescription drug outlet and as developed by a quality assessment and assurance committee that includes a pharmacist licensed under this article 280 and is formed by the facility in accordance with 42 CFR 483.75; and

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

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

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

(III) 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.

(2) The board may adopt rules as necessary to implement this part 5.
C.R.S. § 12-150-114 — CO Code / Title 12 / Article 150 / Section 12-150-114
12-150-114. Licensing and certification fees
Status: in_force

12-150-114. Licensing and certification fees. The application for new construction or major modification and the application for licensing shall be accompanied by a fee established pursuant to section 12-20-105.
C.R.S. § 12-245-234 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-234
12-245-234. Repeal of article - subject to review
Status: repealed

12-245-234. Repeal of article - subject to review. This article 245 is repealed, effective September 1, 2029. Before the repeal, all of the boards relating to the licensing, registration, or certification of and grievances against any person licensed, registered, or certified pursuant to this article 245 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-250-103 — CO Code / Title 12 / Article 250 / Section 12-250-103
12-250-103. Definitions
Status: in_force

12-250-103. Definitions. As used in this article 250, unless the context otherwise requires:

(1) "ACIP" means the advisory committee on immunization practices to the centers for disease control and prevention in the United States department of health and human services or its successor entity.

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

(3) "Advisory committee" means the naturopathic medicine advisory committee created in section 12-250-104.

(4) "Approved clinical training" means clinical training in naturopathic medicine in an inpatient or outpatient setting that has been approved by the director. "Approved clinical training" may include components of allopathic medicine in addition to naturopathic medicine.

(5) "Approved naturopathic medical college" means:

(a) A naturopathic medical education program in the United States or Canada that grants the degree of doctor of naturopathic medicine or doctor of naturopathy and that:

(I) Is approved by the director;

(II) Offers graduate-level, full-time didactic and supervised clinical training; and

(III) Is accredited or has achieved candidacy status for accreditation by the Council on Naturopathic Medical Education or an equivalent accrediting body for naturopathic medical programs recognized by the United States department of education; or

(b) Any other college or program approved by the director and accredited by the Council on Naturopathic Medical Education or its successor entity.

(6) "Continuing professional competency" means the ongoing ability of a naturopathic doctor to learn, integrate, and apply the knowledge, skill, and judgment to practice as a naturopathic doctor according to generally accepted standards and professional ethical standards.

(7) "Dispense" means the preparation, in a suitable container appropriately labeled for subsequent administration to or use by a patient, of a medicine that a naturopathic doctor is authorized under this article 250 to obtain.

(8) "Homeopathic preparations" means medicines prepared according to the most current version of the Homeopathic Pharmacopoeia of the United States/Revision Service.

(9) "Minor office procedures" means:

(a) The repair, care, and suturing of superficial lacerations and abrasions;

(b) The removal of foreign bodies located in superficial tissue, excluding the ear or eye; and

(c) Obtaining and administering saline, sterile water, topical antiseptics, and local anesthetics, including local anesthetics with epinephrine, in connection with a procedure described in subsection (9)(a) or (9)(b) of this section.

(10) "Natural health-care services" or "natural health care" includes, but is not limited to:

(a) Healing practices using food; food extracts; over-the-counter dietary supplements, including vitamins, herbs, minerals, and enzymes; nutrients; homeopathic remedies and preparations; the physical forces of heat, cold, water, touch, sound, and light; and mind-body and energetic healing practices;

(b) Education, counseling, or advice regarding healing practices described in subsection (10)(a) of this section and their effects on the structure and functions of the human body; and

(c) Services or care as may be further defined by the director by rule.

(11) "Naturopathic doctor" or "registrant" means a person who is registered by the director to practice naturopathic medicine pursuant to this article 250.

(12) "Naturopathic formulary" means the list of nonprescription classes of medicines determined by the director that naturopathic doctors use in the practice of naturopathic medicine. "Naturopathic formulary" includes any prescription substance or device that is authorized under this article 250.

(13) (a) "Naturopathic medicine", as performed by a naturopathic doctor, means a system of health care for the prevention, diagnosis, evaluation, and treatment of injuries, diseases, and conditions of the human body through the use of education, nutrition, naturopathic preparations, natural medicines and other therapies, and other modalities that are designed to support or supplement the human body's own natural self-healing processes.

(b) "Naturopathic medicine" includes naturopathic physical medicine, which consists of naturopathic manual therapy, the therapeutic use of the physical agents of air, water, heat, cold, sound, light, touch, and electromagnetic nonionizing radiation, and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, and exercise.
C.R.S. § 12-250-114 — CO Code / Title 12 / Article 250 / Section 12-250-114
12-250-114. Unauthorized practice - penalties
Status: in_force

12-250-114. Unauthorized practice - penalties. A person who practices or offers or attempts to practice as a naturopathic doctor without an active registration issued under this article 250 is subject to penalties pursuant to section 12-20-407 (1)(c).
C.R.S. § 12-275-121 — CO Code / Title 12 / Article 275 / Section 12-275-121
12-275-121. Mental and physical examination of licensees - confidential agreements to limit
Status: in_force

12-275-121. Mental and physical examination of licensees - confidential agreements to limit practice. (1) If the board has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the board may require the licensee to submit to a mental or physical examination by a physician or qualified health-care provider designated by the board. If the licensee refuses to undergo a mental or physical examination, unless due to circumstances beyond the licensee's control, the board may suspend the licensee's license until an examination has occurred, the results of the examination are known, and the board has made a determination of the licensee's fitness to practice. The board shall proceed with the order for examination and the determination in a timely manner.

(2) An order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination shall contain the basis of the board's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For the purposes of any disciplinary proceeding authorized under this article 275, the licensee shall be deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground that they are privileged communications.

(3) The licensee may submit to the board testimony or examination reports from a physician chosen by the licensee and pertaining to any condition that the board has alleged may preclude the licensee from practicing with reasonable skill and safety. These may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician designated by the board.

(4) 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.

(5) (a) The board may enter into an agreement in accordance with section 12-30-108 with an optometrist whose practice is or may be affected by a physical illness, physical condition, or behavioral or mental health disorder that renders the optometrist unable to treat with reasonable skill and safety or that may endanger the health and safety of persons under the care of the optometrist if:

(I) The board believes that one or more limitations of the optometrist's practice would both enable the optometrist to treat with reasonable skill and safety and would protect the health and safety of persons under the care of the optometrist; and

(II) The optometrist enters into an enforceable agreement with the board to so limit the optometrist's practice.

(b) An agreement entered into pursuant to this subsection (5) is confidential and not subject to disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24, and may include provisions for monitoring and reevaluation of the optometrist.

(c) For purposes of this subsection (5), "physical illness, physical condition, or behavioral or mental health disorder" does not include the habitual or excessive use or abuse of alcohol, a habit-forming drug, or any controlled substance as defined in section 18-18-102 (5).