C.R.S. § 12-135-103 — CO Code / Title 12 / Article 135 / Part 1 / Section 12-135-103
12-135-103. Definitions - repeal
Status: repealed

12-135-103. Definitions - repeal. As used in this article 135, unless the context otherwise requires:

(1) "Accredited mortuary science school" means a mortuary science school that the director determines qualifies an individual for licensure under section 12-135-602, 12-135-702, or 12-135-802.

(1.5) "Alternative container" means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, that is designed for the encasement of human remains and is made of fiberboard, pressed wood, composition materials, or other similar materials.

(2) "Casket" means a rigid container that is designed for the encasement of human remains and is ornamented and lined with fabric.

(3) "Cremated remains" or "cremains" means all human remains recovered after cremation, including pulverization, that leaves only bone fragments that have been reduced to unidentifiable dimensions.

(4) "Cremation" or "cremate" means the reduction of human remains to essential elements, the processing of the remains, and the placement of the processed remains in a cremated remains container; except that "cremation" or "cremate" does not include natural reduction or to naturally reduce human remains.

(5) "Cremation chamber" means the enclosed space inside of which human remains are cremated.

(6) "Cremation container" means a container in which the human remains are transported to the crematory and intended to be placed in the cremation chamber.

(7) "Cremationist" means an individual who practices as described in section 12-135-901 (1).

(8) "Crematory" means a building, facility, establishment, or structure where human remains are cremated.

(9) "Custodian" means the person with possession and control of human remains.

(10) Repealed.

(11) "Embalm" or "embalming" means the disinfection and temporary preservation of human remains by chemically treating the body to reduce the presence and growth of organisms, to retard organic decomposition, or to attempt restoration of the physical appearance.

(12) "Embalmer" means an individual who practices as described in section 12-135-801.

(13) "Final disposition" means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state.

(14) "Funeral", "funeral service", or "funeral ceremony" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is present.

(15) "Funeral director" means an individual who practices as described in section 12-135-601.

(16) "Funeral establishment", "funeral home", or "mortuary" means:

(a) An establishment that holds, cares for, or prepares human remains prior to final disposition, including a crematory or embalming room; except that this subsection (16)(a) does not apply to establishments in which individuals regularly die;

(b) An establishment that holds itself out to the general public as providing funeral goods and services;

(c) Facilities used to hold, care for, or prepare human remains prior to final disposition; except that this subsection (16)(c) does not apply to facilities in which individuals regularly die; or

(d) An establishment that provides funeral or memorial services to the public for compensation.

(17) "Funeral goods" means goods that are sold or offered for sale directly to the public for use in connection with funeral services or cremation services.

(18) "Funeral services" means:

(a) Preparation of human remains for final disposition; except that this subsection (18)(a) does not apply to cremation;

(b) Arrangement, supervision, or conduct of the funeral ceremony or the final disposition of human remains; or

(c) Transportation of human remains to or from a funeral establishment.

(19) "Human remains" means the physical remains of a dead human.

(20) "Implanted device" means a mechanical device that may explode or cause damage to crematory equipment.

(21) "Memorial service" means a service or rite commemorating the deceased and at which service or rite the body of the deceased is not present.

(22) "Mortuary science practitioner" means an individual who practices as described in section 12-135-701.

(22.3) "Mortuary science professional" means:

(a) A funeral director;

(b) A mortuary science practitioner;

(c) An embalmer;

(d) A cremationist; or

(e) A natural reductionist.

(22.5) "Natural reduction" or "naturally reduce" has the meaning set forth in section 2-4-401 (6.9).

(22.6) "Natural reductionist" means an individual who practices as described in section 12-135-901 (2).

(23) "Next of kin" means a family member or members of the deceased who, under Colorado law, have legal authority over the disposition of human remains.

(24) "Ossuary" means a receptacle used for the communal placement of cremated remains or naturally reduced remains, without using an urn or other container, in which cremated or naturally reduced remains are commingled with other cremated or naturally reduced remains.

(25) "Preneed contract" means a preneed contract as defined in section 10-15-102 (13).

(26) Repealed.

(27) "Processing" means the removal of foreign objects from cremated remains and the reduction of the remains by mechanical means to granules appropriate for final disposition.

(28) (a) "Provisional license" means a license issued under section 12-135-501 (4).

(b) This subsection (28) is repealed, effective January 1, 2031.
C.R.S. § 12-10-603 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-603
12-10-603. Board of real estate appraisers - creation - compensation - immunity - legislati
Status: repealed

12-10-603. Board of real estate appraisers - creation - compensation - immunity - legislative declaration - subject to review - repeal of part. (1) (a) There is hereby created in the division of real estate a board of real estate appraisers consisting of seven members appointed by the governor with the consent of the senate. Of the members, three shall be licensed or certified appraisers, one of whom shall have expertise in eminent domain matters; one shall be a county assessor in office; one shall be an officer or employee of a commercial bank experienced in real estate lending; one shall be an officer or employee of an appraisal management company; and one shall be a member of the public at large not engaged in any of the businesses represented by the other members of the board.

(b) Members of the board shall hold office for terms of three years. In the event of a vacancy by death, resignation, removal, or otherwise, the governor shall appoint a member to fill the unexpired term. The governor has the authority to remove any member for misconduct, neglect of duty, or incompetence.

(2) (a) The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of real estate.

(b) The general assembly finds, determines, and declares that the organization of the board under the division as a type 1 entity will provide the autonomy necessary to avoid potential conflicts of interest between the responsibility of the board in the regulation of real estate appraisers and the responsibility of the division in the regulation of real estate brokers and salespersons. The general assembly further finds, determines, and declares that the placement of the board as a type 1 entity under the division is consistent with the organizational structure of state government.

(3) Each member of the board shall receive the same compensation and reimbursement of expenses as is provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund provided for in section 12-10-605.

(4) Members of the board, consultants, and expert witnesses are immune from liability in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith pursuant to this part 6.

(5) A majority of the board constitutes a quorum for the transaction of all business, and actions of the board require a vote of a majority of the members present in favor of the action taken.

(6) This part 6 is repealed, effective September 1, 2031. Before the repeal, this part 6 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-20-204 — CO Code / Title 12 / Article 20 / Part 2 / Section 12-20-204
12-20-204. Regulator's rule-making authority
Status: repealed

12-20-204. Regulator's rule-making authority. (1) Except as specified in subsection (2) of this section, in addition to any specific rule-making authority that a regulator has pursuant to a part or article of this title 12, a regulator may adopt rules necessary to administer the part or article of this title 12 pursuant to which the regulator has regulatory authority.

(2) Subsection (1) of this section does not apply to the following:

(a) Article 110 of this title 12 concerning combative sports.

(b) to (d) Repealed.
C.R.S. § 12-170-102 — CO Code / Title 12 / Article 170 / Section 12-170-102
12-170-102. Legislative declaration
Status: in_force

12-170-102. Legislative declaration. (1) The voters of the state of Colorado find and declare that:

(a) Colorado's current approach to mental health has failed to fulfill its promise. Coloradans deserve more tools to address mental health issues, including approaches such as natural medicines that are grounded in treatment, recovery, health, and wellness rather than criminalization, stigma, suffering, and punishment.

(b) Coloradans are experiencing problematic mental health issues, including but not limited to suicidality, addiction, end-of-life distress, depression, and anxiety;

(c) An extensive and growing body of research is advancing to support the efficacy of natural medicines combined with psychotherapy as treatment for depression, anxiety, substance use disorders, end-of-life distress, and other conditions;

(d) The federal government will take years to act and Coloradans deserve the right to access natural medicines now;

(e) Natural medicines have been used safely for millennia by cultures for healing;

(f) Colorado can better promote health and healing by reducing its focus on criminal punishments for persons who suffer mental health issues and by establishing regulated access to natural medicines through a humane, cost-effective, and responsible approach;

(g) The city and county of Denver voters enacted Ordinance 301 in May 2019 to make the adult personal possession and use of the natural medicine psilocybin the lowest law enforcement priority in the city and county of Denver and to prohibit the city and county from spending resources on enforcing related penalties;

(h) Oregon voters enacted Measure 109 in Oregon in November 2020 to establish a regulated system of delivering a natural medicine, in part to provide people access to psilocybin for therapeutic purposes;

(i) Criminalizing natural medicines has denied people from accessing accurate education and harm reduction information related to the use of natural medicines, and limited the development of appropriate training for first- and multi-responders including law enforcement, emergency medical services, social services, and fire services;

(j) The purpose of this "Natural Medicine Health Act of 2022" is to establish a new, compassionate, and effective approach to natural medicines by:

(I) Adopting a public health and harm reduction approach to natural medicines by removing criminal penalties for personal use for adults twenty-one years of age and older;

(II) Developing and promoting public education related to the use of natural medicines and appropriate training for first responders; and

(III) Establishing regulated access by adults twenty-one years of age and older to natural medicines that show promise in improving well-being, life satisfaction, and overall health;

(k) The provisions of this article 170 shall be interpreted consistently with the findings and purposes stated in this section and shall not be limited by any Colorado law that could conflict with or be interpreted to conflict with the purposes and policy objectives stated in this section;

(l) The people of the state of Colorado further find and declare that it is necessary to ensure consistency and fairness in the application of this article 170 throughout the state and that, therefore, the matters addressed by this article 170 are, except as specified herein, matters of statewide concern.

(2) The general assembly finds and declares that:

(a) Considerable harm may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions if natural medicine is overly commodified, commercialized, and exploited in a manner that results in the erasure of important cultural and religious context;

(b) Considerable harm may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions if facilitators, healing centers, and other natural medicine licensees with minimal or no connection to traditional use of natural medicine misappropriate or exploit tribal and Indigenous cultures and religions;

(c) It is the general assembly's intent to ensure that the federally recognized American tribes and Indigenous people, communities, cultures, and religions are honored and respected as the state legalizes and regulates natural medicine. By enacting laws, rules, and orders to implement this article 170 and article 50 of title 44, the general assembly, division, and state licensing authority shall consider the potential for direct and indirect harm that may occur to the federally recognized American tribes and Indigenous people, communities, cultures, and religions that have a connection to natural medicine.

(d) Although there may be tremendous potential in utilizing natural medicine for managing various mental health conditions, healing, and spiritual growth, this potential must be appropriately balanced with the health and safety risks that it could pose to consumers as well as the cultural harms it could pose to the federally recognized American tribes and Indigenous and traditional communities that have connections to natural medicine.
C.R.S. § 12-110-108 — CO Code / Title 12 / Article 110 / Section 12-110-108
12-110-108. License required
Status: in_force

12-110-108. License required. No person shall participate, officiate, judge, referee, promote, or second a professional boxing arts contest unless the person is licensed pursuant to this article 110.
C.R.S. § 12-120-212 — CO Code / Title 12 / Article 120 / Part 2 / Section 12-120-212
12-120-212. Eligibility for professional engineer
Status: in_force

12-120-212. Eligibility for professional engineer. To be eligible for licensing as a professional engineer, an applicant shall provide documentation of the applicant's technical competence.
C.R.S. § 12-245-307 — CO Code / Title 12 / Article 245 / Part 3 / Section 12-245-307
12-245-307. Continuing professional development - rules
Status: in_force

12-245-307. Continuing professional development - rules. (1) In accordance with section 12-245-304, the board issues a license to practice as a psychologist based on whether the applicant satisfies minimum educational and experience requirements that demonstrate competency to practice as a psychologist. After a license is issued to an applicant, the licensed psychologist shall complete continuing professional development and educational hours to maintain his or her license as a psychologist.

(2) The board shall adopt rules establishing a continuing professional development program that includes, at a minimum, the following elements:

(a) The development, execution, and documentation of a learning plan;

(b) A requirement that, every two years, a licensed psychologist complete at least forty hours of continuing professional development, including one or more of the following activities, in any combination, chosen by the licensed psychologist:

(I) (A) Attending workshops; seminars; symposia; colloquia; invited speaker sessions; postdoctoral institutes; or scientific or professional programs offered at meetings of local, state, regional, national, or international professional or scientific organizations. The activities completed pursuant to this subsection (2)(b)(I) may include online continuing education but must qualify as continuing education units or continuing medical education credit approved by the American Psychological Association, state medical association, or Accreditation Council for Continuing Medical Education or by a regionally accredited institution of higher education; except that up to five of the continuing professional development hours completed pursuant to this subsection (2)(b)(I) may come from attendance at nonaccredited programming that meets the other requirements of this subsection (2)(b)(I).

(B) A licensed psychologist must retain a transcript or a certificate of attendance, including a statement of the credits earned, provided at the end of the workshop, seminar, symposium, colloquium, invited speaker session, postdoctoral institute, or scientific or professional program offered at a meeting of a local, state, regional, national, or international professional or scientific organization as documentation of completion.

(II) Satisfactorily completing an ethics course offered by the American Psychological Association, state medical association, or Accreditation Council for Continuing Medical Education, or a regionally accredited institution of higher education. A licensed psychologist must retain a certificate of attendance or a transcript as documentation of completion. One continuing education hour is equivalent to one professional development hour.

(III) Developing and teaching an academic course in psychology at an institution accredited by a regional accrediting association. Credit is given for the first time within a given licensure cycle that the licensed psychologist teaches the course, as documented by the dean or head of the department of the institution in which the course was taught, and is based on the number of credit hours, units, or hours assigned by the institution. One academic credit, unit, or hour is equivalent to ten continuing professional development hours.

(IV) Satisfactorily completing a graduate course in psychology offered by an institution accredited by a regional accrediting association and documented by an academic transcript showing the graduate credits earned. One academic credit, unit, or hour is equivalent to ten continuing professional development hours.

(V) Developing and presenting for the first time within a given licensure cycle a workshop, seminar, symposium, colloquium, or invited speaking session at a meeting of a professional or scientific organization or a postdoctoral institute, documented by a printed program or agenda. One hour of workshop, seminar, symposium, colloquial presentation, or invited speaking session is equivalent to three continuing professional development hours.

(VI) Authoring or editing a psychology publication documented by a cover sheet, masthead, or table of contents from the publication. The maximum hours that may be earned are as follows:

(A) Authoring a professional or scientific book is equivalent to forty hours of continuing professional development hours;

(B) Authoring a professional or scientific book chapter or journal article is equivalent to twenty hours of continuing professional development hours;

(C) Editing a professional or scientific book or journal is equivalent to thirty hours of continuing professional development hours.

(VII) Providing editorial review of a professional psychological or scientific journal article at the request of the journal's editorial staff. Editorial review, as documented by acknowledgment of the completed review by the editorial staff, is equivalent to one continuing professional development hour.

(c) A requirement that each licensed psychologist maintain all documentation for his or her continuing professional development hours.

(3) A licensed psychologist is not required to receive preapproval from the board or other entity prior to the completion of a continuing professional development activity in order to receive credit for the continuing professional development hours.

(4) The board may audit up to five percent of licensed psychologists each two-year cycle to determine compliance with continuing professional development requirements.

(5) (a) Records of assessments or other documentation developed or submitted in connection with the continuing professional development program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a licensed psychologist. The records or documents shall be used only by the board for the purpose of determining whether a licensed psychologist is maintaining continuing professional development necessary to engage in the profession.

(b) Subject to the requirements of subsection (5)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed psychologist.
C.R.S. § 12-285-113 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-113
12-285-113. Licensing of internationally-educated applicants
Status: in_force

12-285-113. Licensing of internationally-educated applicants. (1) Every applicant for licensing who is educated by a program that is not accredited by the Commission on Accreditation in Physical Therapy Education or a comparable organization, as determined by the board, shall:

(a) Have received education and training in physical therapy substantially equivalent to the education and training required at accredited physical therapy programs in the United States;

(b) Possess an active, valid license in good standing or other authorization to practice physical therapy from an appropriate authority in the country where the applicant is practicing or has practiced;

(c) Pass a written examination approved by the board in accordance with section 12-285-110 (1)(b);

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

(e) Pay an application fee in an amount determined by the director.

(2) Upon receipt of all documents required by subsection (1) of this section, the director shall review the application and determine if the applicant is qualified to be licensed.

(3) When the applicant has fulfilled all requirements of subsection (1) of this section, the board shall issue a license to the applicant; except that the board may deny the application if the applicant has committed an act that would be grounds for disciplinary action under section 12-285-120.
C.R.S. § 12-225-111 — CO Code / Title 12 / Article 225 / Section 12-225-111
12-225-111. Confidential agreement to limit practice
Status: in_force

12-225-111. Confidential agreement to limit practice. Section 12-30-108 concerning confidential agreements to limit practice applies to this article 225.
C.R.S. § 12-270-104 — CO Code / Title 12 / Article 270 / Section 12-270-104
12-270-104. Definitions - rules
Status: in_force

12-270-104. Definitions - rules. As used in this article 270, unless the context otherwise requires:

(1) "Activities of daily living" means activities that are oriented toward taking care of one's own body, such as bathing, showering, bowel and bladder management, dressing, eating, feeding, functional mobility, personal device care, personal hygiene and grooming, sexual activity, sleep, rest, and toilet hygiene.

(2) "Aide" means a person who is not licensed by the director and who provides supportive services to occupational therapists and occupational therapy assistants.

(3) "Behavioral health-care services" means services to facilitate the prevention, diagnosis, and treatment of, and for the recovery from, mental health and substance use disorders within the scope of practice of occupational therapy.

(4) "Client" means an individual, group, population, community, or organization that receives occupational therapy services.

(5) "Functional cognition" means the way in which an individual utilizes and integrates the individual's thinking and processing skills to accomplish everyday activities.

(6) "Instrumental activities of daily living" means activities that are oriented toward interacting with the environment and that may be complex. "Instrumental activities of daily living" includes care of others, care of pets, child-rearing, communication device use, community mobility, financial management, health management and maintenance, home establishment and management, meal preparation and cleanup, religious and spiritual expression, safety procedures and emergency responses, and shopping.

(7) "Low-vision rehabilitation services" means the evaluation, diagnosis, management, and care of the low-vision client in visual acuity, visual field, and oculomotor performance as it affects the client's occupational performance, including low-vision rehabilitation therapy, education, and interdisciplinary consultation.

(8) "Occupation" means an everyday, personalized activity in which people participate as individuals, families, and communities to occupy time, earn income, and bring meaning and purpose to life. "Occupation" includes an activity that a person needs to do, wants to do, or is expected to do.

(9) "Occupational therapist" means a person licensed to practice occupational therapy under this article 270.

(10) "Occupational therapy" means the therapeutic use of occupations, including everyday life activities with individuals, groups, populations, or organizations, to support participation, performance, and function in roles and situations in home, school, workplace, community, and other settings. Occupational therapy is provided for habilitation, rehabilitation, and the promotion of health and wellness to persons who have, or are at risk for developing, an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction. Occupational therapy uses everyday life activities to promote mental health and support functioning in people who have, or who are at risk of experiencing, a range of mental health disorders, including psychiatric, behavioral, emotional, and substance use disorders. Occupational therapy addresses the physical, cognitive, psychosocial, sensory, perceptual, and other aspects of performance in a variety of contexts and environments to support engagement in occupations that affect physical health, mental health, well-being, and quality of life. The practice of occupational therapy includes:

(a) Evaluation of factors affecting activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure, social participation, and health management, including:

(I) Client factors, including body functions such as sensory, visual, perceptual, mental, cognitive, and pain factors; body structures such as cardiovascular, digestive, nervous, integumentary, and genitourinary systems; neuromusculoskeletal and movement-related functions; and values, beliefs, and spirituality;

(II) Habits, routines, roles, rituals, and behavior patterns;

(III) Physical and social environments; cultural, personal, temporal, and virtual contexts; and activity demands that affect performance; and

(IV) Performance skills, including motor, praxis, process, emotional regulation, and communication; social interaction skills; and functional cognition;

(b) Methods or approaches selected to direct the process of interventions, such as:

(I) Establishment, remediation, or restoration of a skill or ability that has not yet developed, is impaired, or is in decline;

(II) Compensation, modification, or adaptation of an activity or environment to enhance performance or to prevent injuries, disorders, or other conditions;

(III) Maintenance and enhancement of capabilities without which performance in everyday life activities would decline;

(IV) Promotion of health and wellness, including the use of self-management strategies, to enable or enhance performance in everyday life activities; and

(V) Prevention of barriers to performance and participation, including injury and disability prevention;

(c) Interventions and procedures to promote or enhance safety and performance in activities of daily living, instrumental activities of daily living, rest and sleep, education, work, play, leisure, social participation, and health management, including:

(I) Therapeutic use of occupations, exercises, and activities;

(II) Training in self-care; self-management; self-regulation; health management and maintenance; home management; community, volunteer, and work integration and reintegration; school activities; and work performance;

(III) Identification, development, remediation, or compensation of physical, cognitive, neuromusculoskeletal, sensory, visual, perceptual, and mental functions; sensory processing; functional cognition; pain tolerance and management; developmental skills; and behavioral skills;

(IV) Therapeutic use of self, including a person's personality, insights, perceptions, and judgments, as part of the therapeutic process;

(V) Education and training of individuals, including family members, caregivers, groups, populations, and others;

(VI) Care coordination, case management, and transition services; direct, indirect, and consultative care; advocacy and self-advocacy; and other service delivery methods;

(VII) Consultative services to individuals, groups, programs, organizations, or communities;

(VIII) Modification of environments such as home, work, school, or community, and adaptation of processes, including the application of ergonomic principles;

(IX) Assessment, design, fabrication, application, fitting, and training in assistive technology and adaptive and orthotic devices and training in seating and positioning and in the use of prosthetic devices, excluding glasses, contact lenses, or other prescriptive devices to correct vision unless prescribed by an optometrist;

(X) Assessment, recommendation, and training in techniques to enhance functional mobility, including complex seating and management of wheelchairs and other mobility devices;

(XI) Driver rehabilitation and community mobility;

(XII) Management of feeding, eating, and swallowing to support eating and feeding performance necessary for nutrition, social participation, or other health or wellness considerations;

(XIII) Application of physical agent modalities and therapeutic procedures such as wound management; techniques to enhance, maintain, or prevent the decline of sensory, perceptual, psychosocial, or cognitive processing; management of pain; and manual techniques to enhance, maintain, or prevent the decline of performance skills;

(XIV) The use of telehealth, telerehabilitation, and teletherapy pursuant to rules as may be adopted by the director;

(XV) Low-vision rehabilitation services and vision therapy services under the referral, prescription, supervision, or comanagement of an ophthalmologist or optometrist;

(XVI) Facilitation of the occupational performance of individuals, groups, populations, communities, or organizations through the modification of environments and the adaptation of processes;

(XVII) Sensory-based interventions including equipment, environment, and routine adaptations that support optimal sensory integration and processing; and

(XVIII) Behavioral health-care services to enhance, maintain, or prevent the decline of occupational performance within the scope of practice of occupational therapy.

(11) "Occupational therapy assistant" means a person licensed under this article 270 to practice occupational therapy under the supervision of and in partnership with an occupational therapist.

(12) "Supervision" means the giving of aid, directions, and instructions that are adequate to ensure the safety and welfare of clients during the provision of occupational therapy by the occupational therapist designated as the supervisor. Responsible direction and supervision by the occupational therapist includes consideration of factors such as level of skill, the establishment of service competency, experience, work setting demands, the complexity and stability of the client population, and other factors. Supervision is a collaborative process for responsible, periodic review and inspection of all aspects of occupational therapy services, and the occupational therapist is legally accountable for occupational therapy services provided by the occupational therapy assistant and the aide.

(13) "Telehealth" means the use of electronic information and telecommunications technology to support and promote access to clinical health care, client and professional health-related education, public health, and health administration.

(14) "Telerehabilitation" or "teletherapy" means the delivery of rehabilitation and habilitation services via information and communication technologies, commonly referred to as "telehealth" technologies.

(15) "Vision therapy services" means the assessment, diagnosis, treatment, and management of a client with vision therapy, visual training, visual rehabilitation, orthoptics, or eye exercises.
C.R.S. § 12-205-110 — CO Code / Title 12 / Article 205 / Section 12-205-110
12-205-110. Scope of article - exclusions - authority for clinical setting - definitions
Status: in_force

12-205-110. Scope of article - exclusions - authority for clinical setting - definitions. (1) Nothing in this article 205 prohibits:

(a) The practice of athletic training that is an integral part of a program of study by students enrolled in an accredited athletic training education program. Students enrolled in an accredited athletic training education program shall identify themselves as "athletic training students" and shall only practice athletic training under the direction and immediate supervision of a licensee. An athletic training student shall not represent himself or herself as an athletic trainer.

(b) The practice of athletic training by a person who is certified by a national certifying agency and who is employed by the United States government or any bureau, division, or agency of the federal government while acting in the course and scope of employment;

(c) The practice of athletic training by a person who resides in another state or country, is currently licensed or registered in another state, or is currently certified by a national certifying agency, and is:

(I) Administering athletic training services to an athlete who is a member of a bona fide professional or amateur sports organization or of a sports team of an accredited educational institution, if the person acts in accordance with rules established by the director and engages in the unlicensed practice of athletic training for no more than ninety days in any calendar year; or

(II) Participating in an educational program of not more than twelve weeks' duration. Upon written application by the person prior to the expiration of the twelve-week period, the director may grant an extension of time.

(d) The practice of any health-care profession, other than athletic training, by a person licensed or registered under any other part or article of this title 12 in accordance with the lawful scope of practice of the other profession or the performance of activities described in subsection (2) of this section, if the person does not represent himself or herself as an athletic trainer or as engaging in the practice of athletic training;

(e) Athletic training by a patient for himself or herself or gratuitous athletic training by a friend or family member who does not represent himself or herself as an athletic trainer.

(2) Nothing in this article 205 limits or prohibits the administration of routine assistance or first aid by a person who is not a licensee for injuries or illnesses sustained at an athletic event or program.

(3) Nothing in this article 205 requires an entity offering or sponsoring an athletic event or regular athletic activity, including a youth sports team or program whose participants are eighteen years of age or younger, to employ a licensed athletic trainer.

(4) (a) A school coach, athletic director, or other employee or a person contracted with a school is not engaging in the practice of athletic training when he or she engages in or holds responsibility for the following activities in the course of his or her regularly scheduled duties:

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

(II) Administering routine assistance for first aid to an injured athlete;

(III) Directing conditioning exercises;

(IV) Educating or counseling athletes concerning the prevention of injuries and illnesses; or

(V) Referring an athlete to a licensed health-care professional.

(b) As used in this subsection (4), "school" means a public or private elementary, middle, junior high, or high school.

(5) A licensee may provide athletic training services in a clinical setting to a person who is not an athlete if the athletic trainer is under the direction and supervision of a Colorado-licensed or otherwise lawfully practicing physician or physician assistant who treats sports or musculoskeletal injuries. As used in this subsection (5), "direction and supervision" means the issuance of written or oral directives by the physician or physician assistant to the licensee pertaining to the athletic training services to be provided.
C.R.S. § 12-165-103 — CO Code / Title 12 / Article 165 / Section 12-165-103
12-165-103. Applicability of common provisions
Status: in_force

12-165-103. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 165.
C.R.S. § 12-10-718 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-718
12-10-718. Fees
Status: in_force

12-10-718. Fees. The board may set the fees for issuance and renewal of licenses and registrations under this part 7. The fees shall be set in amounts that offset the direct and indirect costs of implementing this part 7 and section 38-40-105. The money collected pursuant to this section shall be transferred to the state treasurer, who shall credit it to the division of real estate cash fund created in section 12-10-215.
C.R.S. § 12-285-106 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-106
12-285-106. Powers and duties of board - reports - publications - rules - interstate compact
Status: in_force

12-285-106. Powers and duties of board - reports - publications - rules - interstate compact - limitation on authority. (1) The board shall administer and enforce this article 285 and rules adopted under this article 285.

(2) In addition to any other powers and duties given the board by this article 285, the board has the following powers and duties:

(a) To evaluate the qualifications of applicants for licensure, administer examinations, issue and renew licenses and permits authorized under this article 285, and take disciplinary actions authorized under this article 285 and section 12-20-404;

(b) To adopt all reasonable and necessary rules pursuant to section 12-20-204 for the administration and enforcement of this article 285, including rules regarding:

(I) The supervision of unlicensed persons by physical therapists, taking into account the education and training of the unlicensed individuals; and

(II) Physical therapy of animals, including, without limitation, educational and clinical requirements for the performance of physical therapy of animals and the procedure for handling complaints to the department regarding physical therapy of animals. In adopting rules, the board shall consult with the state board of veterinary medicine established by section 12-315-106.

(c) To conduct hearings in accordance with section 12-20-403 upon charges for discipline of a licensee and cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 285;

(d) To maintain a register listing the name of every physical therapist, including the contact address, last-known place of residence, and the license number of each licensee;

(e) To promote consumer protection and consumer education by such means as the board finds appropriate;

(f) To facilitate Colorado's participation in the "Interstate Physical Therapy Licensure Compact Act", part 37 of article 60 of title 24, as follows:

(I) Appoint a qualified delegate to serve on the physical therapy compact commission;

(II) Participate fully in the physical therapy compact commission data system;

(III) Obtain a set of fingerprints from an applicant for initial licensure or certification and forward the fingerprints to the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. Upon receipt of fingerprints and payment for the costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check using records of the Colorado bureau of investigation, the federal bureau of investigation, or other appropriate federal agency. The board is the authorized agency to receive information regarding the result of a national criminal history record check. The applicant whose fingerprints are checked shall pay the actual costs of the state and national fingerprint-based criminal history record check.

(IV) Notify the physical therapy compact commission of any adverse action taken by the board; and

(V) Approve payment of assessments levied by the physical therapy compact commission to cover the cost of the operations and activities of the commission and its staff.

(3) The authority granted the board by this article 285 does not authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.
C.R.S. § 12-245-410 — CO Code / Title 12 / Article 245 / Part 4 / Section 12-245-410
12-245-410. Continuing professional competency - rules - definition
Status: in_force

12-245-410. Continuing professional competency - rules - definition. (1) (a) In accordance with section 12-245-404, the board issues a license to practice as a clinical social worker or a social worker based on whether the applicant satisfies minimum educational and experience requirements that demonstrate professional competency to practice as a licensed clinical social worker or a licensed social worker, respectively. After a license is issued to an applicant, the licensed clinical social worker or licensed social worker shall maintain continuing professional competency to practice as a licensed clinical social worker or licensed social worker, respectively.

(b) The board 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 licensed clinical social worker or licensed social worker seeking to renew or reinstate a license;

(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 at least minimal ability to safely practice the profession. Course work provided by an accredited educational institution or a nationally or regionally recognized professional organization is only one of a number of continuing professional competency activities that may satisfy the full continuing competency requirement. Nothing in this subsection (1)(b)(III) shall require a licensed clinical social worker or a licensed social worker to retake any examination required pursuant to section 12-245-404 in connection with initial licensure.

(c) The board shall establish that a licensed clinical social worker or licensed social worker is deemed to satisfy the continuing competency requirements of this section if the licensed clinical social worker or licensed social worker meets the continued professional competence requirements of one of the following entities:

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

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

(III) An entity approved by the board.

(d) (I) After the program is established, licensed clinical social workers and licensed social workers shall satisfy the requirements of the program in order to renew or reinstate a license to practice as a licensed clinical social worker or as a licensed social worker in Colorado.

(II) The requirements of this section apply to individual licensed clinical social workers or licensed social workers who are licensed pursuant to this part 4, and nothing in this section shall be construed to require a person who employs or contracts with a licensed clinical social worker or licensed social worker to comply with the requirements of this section.

(2) (a) 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 licensed clinical social worker or a licensed social worker. The records or documents shall be used only by the board for purposes of determining whether a licensed clinical social worker or licensed social worker is maintaining continuing professional competency to engage in the profession.

(b) Subject to the requirements of subsection (2)(a) of this section, nothing in this section shall be construed to restrict the discovery of information or documents that are otherwise discoverable under the Colorado rules of civil procedure in connection with a civil action against a licensed clinical social worker or licensed social worker.

(3) As used in this section, "continuing professional competency" means the ongoing ability of a licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice as a licensed clinical social worker or as a licensed social worker, as applicable, according to generally accepted industry standards and professional ethical standards in a designated role and setting.
C.R.S. § 12-120-415 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-415
12-120-415. Licenses
Status: in_force

12-120-415. Licenses. (1) The board shall issue a license whenever an applicant for a license to practice architecture in Colorado successfully qualifies for the license as provided in this part 4.

(2) An architect may renew a license by paying to the board the license renewal fee established pursuant to section 12-20-105, and the board shall then renew the license. A license issued pursuant to this part 4 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

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

(4) An architect shall give notice to the board, in a manner prescribed by the board, of any change of address within thirty days after the change.
C.R.S. § 12-150-120 — CO Code / Title 12 / Article 150 / Section 12-150-120
12-150-120. Repeal of article - subject to review
Status: repealed

12-150-120. Repeal of article - subject to review. This article 150 is repealed, effective September 1, 2030. Before the repeal, the passenger tramway safety board is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-150-117 — CO Code / Title 12 / Article 150 / Section 12-150-117
12-150-117. Provisions in lieu of others
Status: in_force

12-150-117. Provisions in lieu of others. The provisions for regulation, registration, and licensing of passenger tramways and the area operators thereof under this article 150 shall be in lieu of all other rules or registration or licensing requirements, and passenger tramways shall not be construed to be common carriers within the meaning of the laws of this state.
C.R.S. § 12-280-134 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-134
12-280-134. Records
Status: in_force

12-280-134. Records. (1) (a) All persons licensed or registered under this article 280 shall keep and maintain records of the receipt, distribution, or other disposal of prescription drugs or controlled substances, shall make the records available to the board upon request for inspection, copying, verification, or any other purpose, and shall retain the records for two years or for a period otherwise required by law.

(b) The board may permit a wholesaler to maintain a portion of its records at a central location that is different from the storage facility of the wholesaler. If the board grants the permission, the wholesaler shall make available all relevant records within forty-eight hours after a request for inspection, copying, verification, or any other purpose by the board. The wholesaler shall make all other records that are available for immediate access readily available to the board.

(2) A wholesaler shall establish and maintain inventories and records of all transactions regarding the receipt and distribution of prescription drugs. A wholesaler shall make its records available to the board in accordance with subsection (1) of this section. A wholesaler shall include the following information in its records:

(a) The source of the prescription drugs, including the name and principal address of the seller or transferor of the prescription drugs and the address of the location from which the prescription drugs were shipped;

(b) The identity and quantity of the drugs received, distributed, or disposed of by the wholesale distributor; and

(c) The dates of receipt, distribution, or other disposition of the prescription drugs.

(3) The record of any controlled substance distributed, administered, dispensed, or otherwise used must show the date the controlled substance was distributed, administered, dispensed, used, or otherwise disposed of, the name and address of the person to whom or for whose use the controlled substance was distributed, administered, dispensed, used, or otherwise disposed of, and the kind and quantity of the controlled substance.

(4) Manufacturing records of controlled substances must include the kind and quantity of controlled substances produced or removed from process of manufacture and the dates of production or removal from process of manufacture.

(5) A person who maintains a record required by federal law that contains substantially the same information as set forth in subsections (1) to (4) of this section is deemed to comply with the record-keeping requirements of this section.

(6) A person required to maintain records pursuant to this section shall keep a record of any controlled substance lost, destroyed, or stolen, the kind and quantity of the controlled substance, and the date of the loss, destruction, or theft.

(7) Prescription drug outlets shall report thefts of controlled substances to the proper law enforcement agencies and to the board within thirty days after the occurrence of the thefts.

(8) A person licensed, registered, or otherwise authorized under this article 280 or other laws of this state shall distribute, administer, dispense, use, or otherwise dispose of controlled substances listed in schedule I or II of part 2 of article 18 of title 18 only pursuant to an order form. Compliance with the provisions of federal law respecting order forms is deemed compliance with this section.

(9) Prescriptions, orders, and records required by this part 1 and stocks of controlled substances are open for inspection only to federal, state, county, and municipal officers whose duty it is to enforce the laws of this state or of the United States relating to controlled substances or the regulation of practitioners. No officer having knowledge by virtue of his or her office, of a prescription, order, or record shall divulge his or her knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer to which prosecution or proceeding the person to whom the prescriptions, orders, or records relate is a party.

(10) The board shall allow electronic storage of records required to be maintained pursuant to this section.
C.R.S. § 12-105-126 — CO Code / Title 12 / Article 105 / Section 12-105-126
12-105-126. Repeal of article - review of functions
Status: repealed

12-105-126. Repeal of article - review of functions. This article 105 is repealed, effective September 1, 2026. Before the repeal, the functions of the director and the advisory committee created in section 12-105-106 are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-215-124 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-124
12-215-124. Professional service corporations, limited liability companies, and registered l
Status: in_force

12-215-124. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of chiropractic - definitions. (1) Persons licensed to practice chiropractic by the board may form professional service corporations for the practice of chiropractic under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with the provisions of this section. The articles of incorporation of the corporations shall contain provisions complying with the following requirements:

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

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

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

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

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

(f) The president shall be a shareholder and a director, and to the extent possible, all other directors and officers shall be persons having the qualifications described in subsection (1)(d) of this section. Lay directors and officers shall not exercise any authority whatsoever over professional matters.

(g) The articles of incorporation shall provide, and all shareholders of the corporation shall agree, that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation, or that all shareholders of the corporation shall be jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except during periods of time when the corporation maintains in good standing professional liability insurance that shall meet the following minimum standards:

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

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

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

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

(2) The corporation shall do nothing that, if done by a person licensed to practice chiropractic in the state of Colorado employed by it, would violate the standards of professional conduct as provided for in section 12-215-115. Any violation by the corporation of this section shall be grounds for the board to terminate or suspend its right to practice chiropractic.

(3) Nothing in this section shall be deemed to diminish or change the obligation of each person licensed to practice chiropractic employed by the corporation to conduct his or her practice in accordance with the standards of professional conduct provided for in section 12-215-115. Any person licensed by the board to practice chiropractic who by act or omission causes the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, shall be deemed personally responsible for the act or omission and shall be subject to discipline therefor.

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

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

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

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

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

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

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

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

(f) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.
C.R.S. § 12-10-101 — CO Code / Title 12 / Article 10 / Part 1 / Section 12-10-101
12-10-101. Definitions
Status: in_force

12-10-101. Definitions. As used in this article 10, unless the context otherwise requires:

(1) "Director" means the director of the division of real estate.

(2) "Division" means the division of real estate.

(3) "HOA" or "homeowners' association" means an association or unit owners' association formed before, on, or after July 1, 1992, as part of a common interest community as defined in section 38-33.3-103.
C.R.S. § 12-315-203.7 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-203.7
12-315-203.7. Veterinary professional associate - qualifications - registration - fees - conti
Status: in_force

12-315-203.7. Veterinary professional associate - qualifications - registration - fees - continuing education - rules. [Editor's note: This section is effective January 1, 2026.]

(1) An individual who desires to practice as a veterinary professional associate in this state must file an application for registration with the board, along with the required application fee, in the manner determined by the board.

(2) Qualifications. To be qualified for registration as a veterinary professional associate, an individual must:

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

(b) Hold a master's degree in veterinary clinical care or the equivalent as determined by the board.

(3) Registration. Commencing January 1, 2026, an individual who practices as a veterinary professional associate in this state must be registered by the board pursuant to this section and rules adopted by the board for the registration of veterinary professional associates.

(4) Rules. Prior to registering veterinary professional associates pursuant to this section, the board shall establish, by rule:

(a) The time frames and requirements for registration, renewal of registration, and suspension and reinstatement of registration for veterinary professional associates;

(b) The method for an applicant to demonstrate that the applicant meets the requirements set forth in subsection (2) of this section;

(c) Any information or confirmation required by the supervising, licensed veterinarian;

(d) Any continuing education requirements for veterinary professional associates in accordance with section 12-315-201(1)(e) and subsection (5) of this section; and

(e) Any other rules necessary to implement this section.

(5) A veterinary professional associate is subject to any biennial continuing education requirement established by the board pursuant to section 12-315-201(1)(e) and rules adopted pursuant to subsection (4)(d) of this section as a condition of renewing registration.
C.R.S. § 12-170-115 — CO Code / Title 12 / Article 170 / Section 12-170-115
12-170-115. Preemption
Status: in_force

12-170-115. Preemption. A local jurisdiction shall not adopt, enact, or enforce any ordinance, rule, or resolution that is otherwise in conflict with the provisions of this article 170.
C.R.S. § 12-315-111 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-111
12-315-111. Inactive license
Status: in_force

12-315-111. Inactive license. (1) Upon notice to the board, a person licensed to practice veterinary medicine shall have the person's license transferred to inactive status. If a person whose license is in inactive status wishes to resume the practice of veterinary medicine, the person shall apply to the board in a form and manner approved by the board and shall demonstrate, to the satisfaction of the board, continued competency to practice veterinary medicine. The board may approve the application and issue a license or may deny the application pursuant to section 12-315-107 (3).

(2) The board may pursue disciplinary proceedings pursuant to section 12-315-112 against a veterinarian whose license is in inactive status pursuant to this section for conduct that violates this part 1 that the person engages in while in inactive status.
C.R.S. § 12-230-205 — CO Code / Title 12 / Article 230 / Part 2 / Section 12-230-205
12-230-205. Retention of records - licensee's obligation
Status: in_force

12-230-205. Retention of records - licensee's obligation. Each licensee who sells a hearing aid or provides goods or services to a customer shall develop a written plan to ensure the maintenance of customer records. The records must be retained for at least seven years and identify the customer by name; the goods or services, except batteries, minor parts, and accessories, provided to each customer; and the date and price of each transaction.
C.R.S. § 12-155-113 — CO Code / Title 12 / Article 155 / Section 12-155-113
12-155-113. Disciplinary action by board - procedures - cease-and-desist orders
Status: in_force

12-155-113. Disciplinary action by board - procedures - cease-and-desist orders. (1) The board may take disciplinary or other action as authorized by section 12-20-404 for any of the following reasons:

(a) Violation of, or aiding or abetting in the violation of, any of the provisions of this article 155 or an applicable provision of article 20 of this title 12;

(b) Violation of the rules or orders promulgated by the board in conformity with the provisions of this article 155 or aiding or abetting in such violation;

(c) Failure or refusal to remove within a reasonable time the cause for disapproval of any plumbing installation as reported on the notice of disapproval, but reasonable time shall include time for appeal to and a hearing before the board;

(d) Any cause for which the issuance of the license could have been refused had it then existed and been known to the board;

(e) Commitment of any act or omission that does not meet generally accepted standards of plumbing practice;

(f) Conviction of or acceptance of a plea of guilty or nolo contendere by a court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(g) Advertising by any licensee or registrant that is false or misleading;

(h) Deception, misrepresentation, or fraud in obtaining or attempting to obtain a license;

(i) Failure of any licensee to adequately supervise an apprentice who is working at the trade pursuant to section 12-155-124;

(j) Failure of any licensee to report to the board:

(I) Known violations of this article 155;

(II) Civil judgments and settlements that arose from the licensee's work performance;

(k) Employment of any person required by this article 155 to be licensed or to obtain a permit who has not obtained the license or permit;

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

(m) Any use of a schedule I controlled substance, as defined in section 18-18-203;

(n) Disciplinary action against a license or registration in another jurisdiction. Evidence of the disciplinary action is prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(o) [Editor's note: This version of subsection (1)(o) is effective until July 1, 2025.] Practicing as a water conditioning contractor, water conditioning installer, water conditioning principal, or a residential, journeyman, or master plumber during a period when the person's license or registration has been suspended or revoked;

(o) [Editor's note: This version of subsection (1)(o) is effective July 1, 2025.] Practicing as a water conditioning contractor, water conditioning installer, water conditioning principal, or a residential, journeyworker, or master plumber during a period when the person's license or registration has been suspended or revoked;

(p) [Editor's note: This version of subsection (1)(p) is effective until July 1, 2025.] Selling or fraudulently obtaining or furnishing a license or registration to practice as a residential, journeyman, or master plumber, water conditioning contractor, water conditioning installer, water conditioning principal, or plumbing contractor or aiding or abetting in the activity;

(p) [Editor's note: This version of subsection (1)(p) is effective July 1, 2025.] Selling or fraudulently obtaining or furnishing a license or registration to practice as a residential, journeyworker, or master plumber, water conditioning contractor, water conditioning installer, water conditioning principal, or plumbing contractor or aiding or abetting in the activity;

(q) In connection with a construction or building project requiring the services of a person regulated by this article 155, willfully disregarding or violating:

(I) Any building or construction law of this state or any of its political subdivisions;

(II) Any safety or labor law;

(III) Any health law;

(IV) Any workers' compensation insurance law;

(V) Any state or federal law governing withholdings from employee income, including, but not limited to, income taxes, unemployment taxes, or social security taxes; or

(VI) Any reporting, notification, or filing law of this state or the federal government;

(r) Applying for a plumbing permit pursuant to section 12-155-120 (1) if the applicant is not a qualified applicant, as defined in section 12-155-120 (11);

(s) Failing to display plumbing contractor and master plumber registration information, as specified in section 12-155-125.

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

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

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

(5) The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
C.R.S. § 12-215-113 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-113
12-215-113. Continuing education
Status: in_force

12-215-113. Continuing education. It is hereby expressly declared to be the purpose of this section to provide for an increase in the annual scientific educational requirements of licensed Colorado chiropractors. Every two years, each licensed Colorado chiropractor in active practice within the state of Colorado shall complete thirty hours of scientific clinics, forums, or chiropractic educational study consisting of subjects basic to the field of the healing arts as set forth in section 12-215-106. Each year at the time of its regular June meeting, the board shall prepare an educational schedule of minimum postgraduate requirements of subjects as set forth in section 12-215-106 that shall be met by any school, clinic, forum, or convention giving the educational work, and the minimum standards shall be complied with by the school, clinic, forum, or convention before the board issues a postgraduate attendance certificate. Credit hours shall be determined by the board. Applicants shall apply to the board prior to or after the course and present proof of attendance and synopsis of the course content for approval of credit hours. This provision is mandatory in the best interest of public health and welfare and to provide progress in the field of chiropractic. If any licensed chiropractor is unable to comply with this section on account of dire emergency and for good cause shown, the board may waive the requirements of this section.
C.R.S. § 12-230-401 — CO Code / Title 12 / Article 230 / Part 4 / Section 12-230-401
12-230-401. Grounds for discipline
Status: in_force

12-230-401. Grounds for discipline. (1) The following acts constitute grounds for discipline:

(a) Making a false or misleading statement or omission in an application for licensure;

(b) Violating any provision of this article 230, an applicable provision of article 20 or 30 of this title 12, a rule promulgated by the director under this article 230, or an order issued by the director under this article 230;

(c) Using false or misleading advertising;

(d) Representing 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", "state-approved", or any other term, abbreviation, or symbol when it would give the false impression that service is being provided by persons trained in medicine or that the licensee's service has been recommended by the state when that is not the case, or when it would be false or misleading;

(e) Directly or indirectly giving or offering to give 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 a licensee or influencing persons to refrain from dealing in the products of competitors;

(f) Employing a device, a scheme, or artifice with the intent to defraud a purchaser of a hearing aid;

(g) Selling 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;

(h) Intentionally disposing of, concealing, diverting, converting, or otherwise failing to account for any funds or assets of a purchaser of a hearing aid that is under the applicant's, licensee's, or apprentice's control;

(i) Making 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 refusing 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 section 6-1-701 (2)(e);

(j) Charging, collecting, or recovering any cost or fee for any good or service that has been represented by the licensee as free;

(k) Failing to adequately supervise a licensed hearing aid provider apprentice or any employee pursuant to section 12-230-103 (4) or 12-230-204 (2);

(l) Employing a sales agent or employee who violates any provision of this article 230, a rule promulgated by the director under this article 230, or an order issued by the director under this article 230;

(m) Failing to comply with a stipulation or agreement made with the director or with a final agency order;

(n) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to this article 230;

(o) Being convicted of, accepting a plea of guilty or nolo contendere to, or receipt of a deferred sentence in any court for a felony or for any crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing;

(p) Selling, dispensing, adjusting, providing training or teaching in regard to, or otherwise servicing surgically implanted hearing devices unless the hearing aid provider is an audiologist or a physician;

(q) Violating the "Colorado Consumer Protection Act", article 1 of title 6; and

(r) Failing to practice according to commonly accepted professional standards.

(2) Any disciplinary action taken by another state, a local jurisdiction, or the federal government against an applicant or licensee constitutes prima facie evidence of grounds for disciplinary action, including denial of a license under this article 230; except that this subsection (2) applies only to discipline for acts or omissions that are substantially similar to those set out as grounds for disciplinary action under this section.
C.R.S. § 12-250-116 — CO Code / Title 12 / Article 250 / Section 12-250-116
12-250-116. Judgments and settlements - reporting
Status: in_force

12-250-116. Judgments and settlements - reporting. In accordance with section 10-1-125.5, a naturopathic doctor's malpractice insurance carrier shall report to the director information relating to a final judgment or settlement against the naturopathic doctor for malpractice. The director shall review the information and investigate and, as appropriate, take disciplinary or other action against the naturopathic doctor.
C.R.S. § 12-30-204 — CO Code / Title 12 / Article 30 / Part 2 / Section 12-30-204
12-30-204. Establishment of professional review committees - function - rules
Status: repealed

12-30-204. Establishment of professional review committees - function - rules. (1) A professional review committee may be established pursuant to this section to review and evaluate the competence of, the quality and appropriateness of patient care provided by, or the professional conduct of any person licensed under article 240 of this title 12, any advanced practice registered nurse, or any certified midwife.

(2) Licensed physicians who are actively engaged in the practice of medicine in this state must constitute a majority of the voting members of any professional review committee established pursuant to this section for physicians and physician assistants; except that physicians need not constitute the majority of the voting members of a governing board authorized by subsection (5)(i) of this section or an independent third party designated by a governing board under subsection (9)(b) of this section.

(3) (a) A professional review committee that is reviewing the competence of, the quality and appropriateness of patient care provided by, or the professional conduct of an advanced practice registered nurse must either:

(I) Have, as a voting member, at least one advanced practice registered nurse with a scope of practice similar to that of the person who is the subject of the review; or

(II) Engage, to perform an independent review as appropriate, an independent person who is an advanced practice registered nurse with a scope of practice similar to that of the person who is the subject of the review. The person conducting the independent review must be a person who was not previously involved in the review.

(b) A professional review committee that is reviewing the competence of, the quality and appropriateness of patient care provided by, or the professional conduct of a certified midwife must either:

(I) Have, as a voting member, at least one certified midwife or advanced practice registered nurse with a scope of practice similar to that of the person who is the subject of the review; or

(II) Engage, to perform an independent review as appropriate, an independent person who is a certified midwife with a scope of practice similar to that of the person who is the subject of the review. The person conducting the independent review must be a person who was not previously involved in the review.

(3.5) A professional review committee of a hospital licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a) is encouraged to appoint a consumer to serve as a nonvoting member of the professional review committee, so long as the consumer complies with the hospital's conflict of interest policies, enters into a confidentiality agreement acceptable to the hospital, and enters into a business associate agreement in accordance with the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended.

(4) A quality improvement organization, as defined pursuant to 42 U.S.C. sec. 1320c-1, or any other organization performing similar review services under federal or state law is an approved professional review committee under this part 2.

(5) A professional review committee established by any of the following authorized entities is an approved professional review committee under this part 2 if it operates in compliance with written bylaws, policies, or procedures that are in compliance with this part 2 and that have been approved by the authorized entity's governing board and if it is registered with the division in accordance with section 12-30-206:

(a) The medical staff of 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);

(b) The medical staff of a hospital-related corporation. For the purposes of this subsection (5)(b), an entity is a "hospital-related corporation" if the licensed or certified hospital or holding company of the licensed or certified hospital has ownership or control of the entity.

(c) A society or association of physicians whose membership includes not less than one-third of the doctors of medicine or doctors of osteopathy licensed to practice and residing in this state, if the physician whose services are the subject of the review is a member of the society or association;

(d) A society or association of advanced practice registered nurses whose members reside in this state, if the advanced practice registered nurse whose services are the subject of the review is a member of the society or association;

(d.5) A society or association of certified midwives whose members reside in this state, if the certified midwife whose services are the subject of the review is a member of the society or association;

(e) A society or association of physicians licensed to practice and residing in this state and specializing in a specific discipline of medicine, whose society or association has been designated by the medical board as a specialty society or association representative of physicians practicing the specific discipline of medicine, if the physician whose services are the subject of the review is a member of the specialty society or association;

(f) A society or association of advanced practice registered nurses or certified midwives whose members practice in a specified nursing or midwifery role and population focus, as defined by the nursing board, which society or association has been designated by the nursing board as the specific nursing or midwifery society or association representative of those advanced practice registered nurses or certified midwives practicing in that nursing or midwifery role and population focus, if the advanced practice registered nurse or certified midwife whose services are the subject of the review is a member of the designated nursing or midwifery society or association;

(g) An individual practice association or a preferred provider organization consisting of persons licensed under article 240 of this title 12, of advanced practice registered nurses, or of certified midwives or a medical group that predominantly serves members of a health maintenance organization licensed pursuant to parts 1 and 4 of article 16 of title 10. A professional review committee established pursuant to this subsection (5)(g) has jurisdiction to review persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives only if the persons licensed under said article, the advanced practice registered nurses, or the certified midwives are members of the association or organization creating and authorizing that committee; except that the professional review committee may review the care provided to a particular patient referred by a member of the association or organization to another person who is not a member of the association or organization and is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife.

(h) A corporation authorized pursuant to article 3 of title 10 to insure persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives or any other organization authorized to insure such persons in this state when designated by the medical board or nursing board under subsection (6) of this section;

(i) The governing board of any authorized entity that has a professional review committee established pursuant to article 240 of this title 12 or part 1 of article 255 of this title 12;

(j) Any professional review committee established or created by a combination or pooling of any authorized entities;

(k) (I) A nonprofit corporation or association consisting of representatives from a statewide professional society and a statewide hospital association. The association must consist of persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives, as applicable, and hospital administrators and hospital trustees, subject to the following requirements:

(A) When the subject of the investigation is a person licensed under article 240 of this title 12, a majority of the representatives must be persons licensed under article 240 of this title 12;

(B) When the subject of the investigation is an advanced practice registered nurse, at least one of the representatives must be an advanced practice registered nurse; and

(C) When the subject of the investigation is a certified midwife, at least one of the representatives must be a certified midwife.

(II) The association may establish, or contract for, one or more professional review committees to review the care by hospital staff personnel who are licensed under article 240 of this title 12, are advanced practice registered nurses, or are certified midwives, with priority given to small rural hospital staffs. These professional review services must be available statewide on a fee-for-service basis to licensed or certified hospitals at the joint request of the governing board and the medical, nursing, or certified midwife staff of the hospital or at the sole request of the governing board of the hospital. If a member being reviewed specializes in a generally recognized specialty of medicine, nursing, or midwifery, at least one of the health-care providers on the professional review committee must be a person who is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife and who practices such specialty.

(III) For purposes of the introductory portion to this subsection (5) and this subsection (5)(k), the bylaws, policies, or procedures must be in compliance with this part 2 and approved by the nonprofit corporation or association.

(l) The medical, nursing, or certified midwife staff of an ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25;

(m) A professional services entity organized pursuant to section 12-240-138;

(n) A provider network that is organized pursuant to part 3 of article 18 of title 6 and includes persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives;

(o) A health system that includes two or more authorized entities with a common governing board;

(p) A trust organization established under article 70 of title 11;

(q) An entity licensed pursuant to parts 1 and 4 of article 16 of title 10;

(r) An accountable care organization established under the federal "Patient Protection and Affordable Care Act", Pub.L. 111-148, as amended, or other organization with a similar function;

(s) 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); and

(t) An ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25.

(6) The medical board and the nursing board, with respect to the licensees subject to their jurisdiction, may establish by rule procedures necessary to authorize other health-care or physician organizations or professional societies as authorized entities that may establish professional review committees.

(7) (a) A professional review committee acting pursuant to this part 2 may investigate or cause to be investigated:

(I) The qualifications and competence of any person licensed under article 240 of this title 12, any advanced practice registered nurse, or any certified midwife who seeks to subject themselves to the authority of any authorized entity; or

(II) The quality or appropriateness of patient care rendered by, or the professional conduct of, any person licensed under article 240 of this title 12, any advanced practice registered nurse, or any certified midwife who is subject to the authority of the authorized entity.

(b) The professional review committee shall conduct the investigation in conformity with written bylaws, policies, or procedures adopted by the authorized entity's governing board.

(8) The written bylaws, policies, or procedures of any professional review committee for persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives must provide for at least the following:

(a) (I) Except as provided in subsection (8)(a)(II) of this section, if the findings of any investigation indicate that a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife who is the subject of the investigation is lacking in qualifications or competency, has provided substandard or inappropriate patient care, or has exhibited inappropriate professional conduct and the professional review committee takes or recommends an action to adversely affect the person's membership, affiliation, or privileges with the authorized entity, the professional review committee shall hold a hearing to consider the findings and recommendations unless the person waives, in writing, the right to a hearing or is given notice of a hearing and fails to appear.

(II) If the professional review committee is submitting its findings and recommendations to another professional review committee for review, only one hearing is necessary prior to any appeal before the governing board.

(b) A person who has participated in the course of an investigation is disqualified as a member of the professional review committee that conducts a hearing pursuant to subsection (8)(a) of this section, but the person may participate as a witness in the hearing.

(c) The authorized entity shall give to the subject of any investigation under this subsection (8) reasonable notice of the hearing and of any finding or recommendation that would adversely affect the person's membership, affiliation, or privileges with the authorized entity, and the subject of the investigation has a right to be present, to be represented by legal counsel at the hearing, and to offer evidence in the person's own behalf.

(d) After the hearing, the professional review committee that conducted the hearing shall make any recommendations it deems necessary to the governing board, unless otherwise provided by federal law or regulation.

(e) The professional review committee shall give a copy of the recommendations to the subject of the investigation, who then has the right to appeal to the governing board to which the recommendations are made with regard to any finding or recommendation that would adversely affect his or her membership, affiliation, or privileges with the authorized entity.

(f) Repealed.

(9) (a) All governing boards shall adopt written bylaws, policies, or procedures under which a person who is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife and who is the subject of an adverse recommendation by a professional review committee may appeal to the governing board following a hearing in accordance with subsection (8) of this section. The bylaws, policies, or procedures must provide that the person be given reasonable notice of the person's right to appeal and, unless waived by the person, has the right to appear before the governing board, to be represented by legal counsel, and to offer the argument on the record that the person deems appropriate.

(b) The bylaws may provide that a committee of not fewer than three members of the governing board may hear the appeal. Also, the bylaws may allow for an appeal to be heard by an independent third party designated by a governing board under this subsection (9)(b).

(10) All governing boards that are required to report their final actions to the medical board or the nursing board, as appropriate, are not otherwise relieved of their obligations by virtue of this part 2.

(11) (a) Except as specified in subsection (11)(b) of this section, the records of an authorized entity, its professional review committee, and its governing board are not subject to subpoena or discovery and are not admissible in any civil suit.

(b) Subject to subsection (14) of this section, the records are subject to subpoena and available for use:

(I) By either party in an appeal or de novo proceeding brought pursuant to this part 2;

(II) By a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife in a suit seeking judicial review of an action by the governing board;

(III) By the department of public health and environment in accordance with its authority to issue or continue a health facility license or certification for an authorized entity;

(IV) By CMS in accordance with its authority over federal health-care program participation by an authorized entity;

(V) By an authorized entity or governing board seeking judicial review;

(VI) By the medical board within the scope of its authority over licensed physicians and physician assistants; and

(VII) By the nursing board within the scope of its authority over advanced practice registered nurses and certified midwives.

(12) (a) Except as provided in subsection (12)(b) of this section, the records of an authorized entity or its professional review committee may be disclosed to:

(I) The medical board, as requested by the medical board acting within the scope of its authority or as required or appropriate under this part 2 or article 240 of this title 12;

(II) The nursing board, as requested by the nursing board acting within the scope of its authority or as required or appropriate under this part 2 or part 1 of article 255 of this title 12;

(III) The department of public health and environment acting within the scope of its health facility licensing authority or as the agent of CMS;

(IV) CMS, in connection with the survey and certification processes for federal health-care program participation by an authorized entity; and

(V) The Joint Commission or other entity granted deeming authority by CMS, in connection with a survey or review for accreditation.

(b) The medical board, nursing board, and department of public health and environment shall not make further disclosures of any records disclosed by an authorized entity or its professional review committee under this section.

(13) The records of an authorized entity or its professional review committee or governing board may be shared by and among authorized entities and their professional review committees and governing boards concerning the competence of, professional conduct of, or the quality and appropriateness of patient care provided by, a health-care provider who seeks to subject himself or herself to, or is currently subject to, the authority of the authorized entity.

(14) Responding to a subpoena or disclosing or sharing of otherwise privileged records and information pursuant to subsection (11), (12), or (13) of this section does not constitute a waiver of the privilege specified in subsection (11)(a) of this section or a violation of the confidentiality requirements of subsection (16) of this section. Records provided to any governmental agency, including the department of public health and environment, the medical board, and the nursing board pursuant to subsection (11) or (12) of this section are not public records subject to the "Colorado Open Records Act", part 2 of article 72 of title 24. A person providing the records to an authorized entity or its professional review committee or governing board, the department of public health and environment, the medical board, the nursing board, CMS, the Joint Commission, or other governmental agency is entitled to the same immunity from liability as provided under section 12-30-207 for the disclosure of the records.

(15) Investigations, examinations, hearings, meetings, and other proceedings of a professional review committee or governing board conducted pursuant to this part 2 are exempt from any law requiring that proceedings be conducted publicly or that the records, including any minutes, be open to public inspection.

(16) Except as otherwise provided in subsection (11), (12), or (13) of this section, all proceedings, recommendations, records, and reports involving professional review committees or governing boards are confidential.

(17) A professional review committee or governing board that is constituted and conducts its reviews and activities in accordance with this part 2 is not an unlawful conspiracy in violation of section 6-4-104 or 6-4-105.

(18) (a) Original source documents are not protected from subpoena, discovery, or use in any civil action merely because they were considered by or presented to a professional review committee. Original source documents are subject to subpoena or discovery only from the original sources and are protected from subpoena or discovery from the professional review files of a professional review committee of an authorized entity except as provided below:

(I) Upon subpoena or request for discovery for original source documents, an authorized entity shall provide a log of all original source documents contained in the authorized entity's professional review files including the source and nature of each original source document.

(II) The individual patient in interest in a civil action by such person, next friend, or legal representative may subpoena or seek discovery of any original source document identified on the authorized entity's professional review committee log only if the original source document was not produced in response to a prior subpoena or discovery request to the original source.

(b) This subsection (18) does not relieve any party of their obligation under the Colorado rules of civil procedure.
C.R.S. § 12-250-113 — CO Code / Title 12 / Article 250 / Section 12-250-113
12-250-113. Grounds for discipline - disciplinary actions authorized - procedures - definiti
Status: in_force

12-250-113. Grounds for discipline - disciplinary actions authorized - procedures - definitions. (1) The director may take disciplinary or other action as specified in section 12-20-404 against a naturopathic doctor for any of the following acts or omissions:

(a) Violating, or aiding or abetting another in the violation of, this article 250, an applicable provision of article 20 or 30 of this title 12, or any rule promulgated by the director pursuant to this article 250;

(b) Falsifying information in any application, attempting to obtain or obtaining a registration by fraud, deceit, or misrepresentation, or aiding or abetting such act;

(c) Engaging in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care for patients, whether or not actual injury to a patient is established;

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

(e) Failing to refer a patient to an appropriate health-care professional when the services required by the patient are beyond the level of competence of the naturopathic doctor or beyond the scope of naturopathic medicine practice;

(f) Violation of a law or regulation governing the practice of naturopathic medicine in another jurisdiction;

(g) Falsifying, repeatedly failing to make essential entries in, or repeatedly making incorrect essential entries in patient records;

(h) Conviction of a felony, an offense of moral turpitude, or a crime that would constitute a violation of this article 250. For purposes of this subsection (1)(h), "conviction" includes the entry of a plea of guilty or nolo contendere or the imposition of a deferred sentence or judgment.

(i) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the naturopathic doctor will perform any act prohibited by this article 250;

(j) Engaging in a sexual act with a patient during the course of patient care or within six months immediately following the written termination of the professional relationship with the patient. As used in this subsection (1)(j), "sexual act" means sexual contact, sexual intrusion, or sexual penetration, as those terms are defined in section 18-3-401.

(k) Committing abuse of health insurance, as prohibited by section 18-13-119;

(l) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the naturopathic doctor will perform any act prohibited by section 18-13-119 (3);

(m) Violating a valid order of the director;

(n) Failing to report to the director, within thirty days after an adverse action, that an adverse action has been taken against the naturopathic doctor by a licensing agency in another state or country, a peer review body, a health-care institution, a professional or naturopathic medical society or association, a governmental agency, a law enforcement agency, or a court for acts or conduct that would constitute grounds for disciplinary or adverse action as described in this article 250;

(o) Failing to report to the director, within thirty days:

(I) The surrender of a license or other authorization to practice as a naturopathic doctor in another state or jurisdiction; or

(II) The surrender of membership on a medical staff or in a naturopathic medical or professional association or society while under investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as described in this article 250;

(p) (I) Failing to notify the director of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the naturopathic doctor's ability to treat patients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care;

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

(III) Failing to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-250-118;

(q) Failing to timely respond to a complaint filed against the naturopathic doctor;

(r) Failing to develop a written plan for the security of patient medical records in accordance with section 12-250-117;

(s) Refusing to submit to a physical or mental examination when so ordered by the director pursuant to section 12-250-119;

(t) Failing to obtain and continually maintain professional liability insurance as required by section 12-250-115.

(2) In addition to or as an alternative to the discipline authorized by subsection (1) of this section, the director may assess an administrative fine of up to five thousand dollars against a naturopathic doctor who commits any of the acts or omissions described in subsection (1) of this section.

(3) The director shall conduct any disciplinary proceeding in accordance with sections 12-20-403, 24-4-104, and 24-4-105. A final decision of the director or an administrative law judge is subject to judicial review in accordance with section 12-20-408.

(4) The director may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a naturopathic doctor by another jurisdiction if the violation that prompted the disciplinary action would be grounds for disciplinary action under this article 250.

(5) A person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare the copies from the original record, deleting the name of the patient and instead identifying the patient by a numbered code. Upon certification by the custodian that the copies are true and complete except for the patient's name, the copies are deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. The copies are not confidential, and the director or custodian of the records and their authorized employees are not liable for furnishing or using the copies in accordance with this section.

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

(7) The director may send a registrant a confidential letter of concern under the circumstances specified in section 12-20-404 (5).

(8) 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. § 12-285-218 — CO Code / Title 12 / Article 285 / Part 2 / Section 12-285-218
12-285-218. Violation - fines
Status: in_force

12-285-218. Violation - fines. Notwithstanding section 12-285-217, the board may assess a fine for a violation of this part 2 or a rule adopted under this part 2. The fine shall not be greater than one thousand dollars. All fines must be imposed in accordance with section 24-4-105 but are not a substitute or waiver of a criminal penalty.
C.R.S. § 12-30-110 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-110
12-30-110. Prescribing or dispensing opioid antagonists - authorized recipients - definitio
Status: in_force

12-30-110. Prescribing or dispensing opioid antagonists - authorized recipients - definitions. (1) (a) A prescriber may prescribe or dispense, directly or in accordance with standing orders and protocols, an opioid antagonist to:

(I) An individual at risk of experiencing an opioid-related drug overdose event;

(II) A family member, friend, or other person in a position to assist an individual at risk of experiencing an opioid-related drug overdose event;

(III) An employee or volunteer of a harm reduction organization;

(IV) A law enforcement agency or first responder;

(V) A school district, school, or employee or agent of a school or an employee or agent of the school district, a district school, the charter school institute, an institute charter school, or a nonpublic school who operates or is on a school bus;

(VI) A person described in section 25-20.5-1001;

(VII) A unit of local government;

(VIII) An institution of higher education or an employee or agent of the institution of higher education;

(IX) A library or an employee or agent of the library;

(X) A community service organization or an employee or agent of the community service organization;

(XI) A religious organization or an employee or agent of the religious organization;

(XII) A local jail or an employee or agent of the local jail;

(XIII) A multijurisdictional jail or an employee or agent of the multijurisdictional jail;

(XIV) A municipal jail or an employee or agent of the municipal jail;

(XV) A correctional facility or an employee or agent of the correctional facility;

(XVI) A private contract prison or an employee or agent of the private contract prison;

(XVII) A community corrections program or an employee or agent of the community corrections program;

(XVIII) A pretrial services program or an employee or agent of the pretrial services program;

(XIX) A probation department or an employee or agent of the probation department;

(XX) A local public health agency or an employee or agent of the local public health agency; or

(XXI) A mental health professional.

(b) A person or entity described in subsection (1)(a) of this section may, pursuant to an order or standing orders and protocols:

(I) Possess an opioid antagonist;

(II) Furnish an opioid antagonist to a family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or

(III) Administer an opioid antagonist to an individual experiencing, or who a reasonable person would believe is experiencing, an opioid-related drug overdose event.

(2) (a) A prescriber who prescribes or dispenses an opioid antagonist pursuant to this section is strongly encouraged to educate persons receiving the opioid antagonist on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.

(b) An entity described in subsection (1)(a) of this section is strongly encouraged to educate employees, agents, and volunteers, as well as persons receiving an opioid antagonist from the entity described in subsection (1)(a) of this section, on the use of an opioid antagonist for overdose, including instruction concerning risk factors for overdose, recognizing an overdose, calling emergency medical services, rescue breathing, and administering an opioid antagonist.

(3) A prescriber described in subsection (7)(h) of this section does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121, 12-255-120, or 12-280-126, as applicable, if the prescriber issues standing orders and protocols regarding opioid antagonists or prescribes or dispenses, pursuant to an order or standing orders and protocols, an opioid antagonist in a good faith effort to assist:

(a) An individual who is at risk of experiencing an opioid-related drug overdose event;

(b) A family member, friend, or other person who is in a position to assist an individual who is at risk of experiencing an opioid-related drug overdose event; or

(c) A person or entity described in subsection (1)(a) of this section in responding to, treating, or otherwise assisting an individual who is experiencing or is at risk of experiencing an opioid-related drug overdose event or a friend, family member, or other person in a position to assist an at-risk individual.

(3.5) (a) Notwithstanding any provision of this title 12 or rules implementing this title 12, a prescriber prescribing or dispensing an opioid antagonist in accordance with this section, other than a pharmacist or other prescriber prescribing and dispensing from a prescription drug outlet or pharmacy, is not required to comply with laws relating to labeling, storage, or record keeping for the opioid antagonist.

(b) A prescriber prescribing or dispensing an opioid antagonist exempted from labeling, storage, or record-keeping requirements pursuant to this subsection (3.5):

(I) Does not engage in unprofessional conduct or is not subject to discipline pursuant to section 12-240-121 or 12-255-120, as applicable; and

(II) Is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively.

(4) (a) A prescriber who prescribes or dispenses an opioid antagonist in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (4) and 18-1-712 (3), respectively.

(b) A person or entity described in subsection (1)(a) of this section acting in accordance with this section is not subject to civil liability or criminal prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2), respectively.

(5) This section does not establish a duty or standard of care for prescribers regarding the prescribing, dispensing, or administering of an opioid antagonist.

(6) Nothing in this section limits or otherwise affects the prescriptive authority of a health-care professional licensed under article 220, 275, 290, or 315 of this title 12.

(7) As used in this section:

(a) "Community corrections program" has the same meaning as set forth in section 17-27-102 (3).

(a.3) "Community service organization" means a nonprofit organization that is in good standing and registered with the federal internal revenue service and the Colorado secretary of state's office that provides services to an individual at risk of experiencing an opioid-related drug overdose event or to the individual's family members, friends, or other persons in a position to assist the individual.

(a.5) "Correctional facility" has the same meaning as set forth in section 17-1-102 (1.7).

(a.7) "First responder" means:

(I) A peace officer, as defined in section 16-2.5-101;

(II) A firefighter, as defined in section 29-5-203 (10);

(III) A volunteer firefighter, as defined in section 31-30-1102 (9); or

(IV) An emergency medical service provider, as defined in section 25-3.5-103 (8).

(b) "Harm reduction organization" means an organization that provides services, including medical care, counseling, homelessness services, or drug treatment, to individuals at risk of experiencing an opioid-related drug overdose event or to the friends and family members of an at-risk individual.

(b.2) "Institution of higher education" means a public or nonpublic institution that awards any type of postsecondary certificate, degree, or other credential and is located in Colorado.

(b.3) "Local jail" has the same meaning as set forth in section 17-1-102 (7).

(b.4) "Local public health agency" means an agency established pursuant to section 25-1-506.

(b.5) "Mental health professional" means a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under article 245 of this title 12.

(b.7) "Multijurisdictional jail" has the same meaning as described in section 17-26.5-101.

(b.8) "Municipal jail" has the same meaning as described in section 31-15-401 (1)(j).

(c) "Opioid" has the same meaning as "opiate", as set forth in section 18-18-102 (21).

(d) "Opioid antagonist" means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of a drug overdose. "Opioid antagonist" includes an expired opioid antagonist.

(e) "Opioid-related drug overdose event" means an acute condition, including a decreased level of consciousness or respiratory depression, that:

(I) Results from the consumption or use of a controlled substance or another substance with which a controlled substance was combined;

(II) A layperson would reasonably believe to be caused by an opioid-related drug overdose event; and

(III) Requires medical assistance.

(f) "Order" has the same meaning as set forth in section 12-280-103 (31).

(g) "Pharmacist" means an individual licensed by the state pursuant to article 280 of this title 12 to engage in the practice of pharmacy.

(h) "Prescriber" means:

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

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

(III) A pharmacist.

(h.3) "Pretrial services program" has the same meaning as described in section 16-4-106.

(h.7) "Private contract prison" has the same meaning as set forth in section 17-1-102 (7.3).

(i) "Protocol" means a specific written plan for a course of medical treatment containing a written set of specific directions created by a physician, group of physicians, hospital medical committee, pharmacy and therapeutics committee, or other similar practitioners or groups of practitioners with expertise in the use of opioid antagonists.

(i.5) "School" means an elementary or secondary public or nonpublic school whose governing authority has adopted and implemented a policy pursuant to section 22-1-119.1.

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

(k) "Unit of local government" has the same meaning as set forth in section 29-3.5-101 (4).
C.R.S. § 12-235-108 — CO Code / Title 12 / Article 235 / Section 12-235-108
12-235-108. License - requirements - denial of license application
Status: in_force

12-235-108. License - requirements - denial of license application. (1) Every applicant for a license to practice massage therapy shall:

(a) (I) Effective July 1, 2024, except as provided in subsection (1)(a)(II) of this section, attain a degree, obtain a diploma, or otherwise successfully complete a massage therapy program that consists of at least six hundred fifty total hours of coursework and clinical work from an approved massage school.

(II) An individual satisfies the requirement of subsection (1)(a)(I) of this section if the individual:

(A) Is enrolled and participating in a massage training program at an approved massage school on or before July 1, 2024; and

(B) Successfully graduates from the approved massage school on or before October 1, 2025.

(b) Pass an examination approved by the director;

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

(d) Pay a fee in an amount determined by the director in accordance with section 12-20-105;

(e) Submit to a criminal history record check in the form and manner as described in subsection (2) of this section and, if necessary, subsection (2.5) of this section; and

(f) Document that the applicant will be at least eighteen years of age at the time of licensure.

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

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

(3) After an applicant has fulfilled the requirements of subsections (1) and (2) of this section and, if necessary, subsection (2.5) of this section, the director shall issue a license to the applicant.

(4) The director shall issue a license by endorsement to an applicant who satisfies the requirements of the occupational credential portability program.

(5) Notwithstanding any provision of this section, the director may deny a license if the applicant has committed any act that would be grounds for disciplinary action under section 12-235-111 or if the director determines, subsequent to the criminal history record check, that the applicant was convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or a human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado.

(6) The director may deny a license if the director determines that the applicant is not competent, trustworthy, or of good moral character.

(7) Pursuant to sections 12-20-202 (5) and 24-5-101, the director shall consider whether an applicant with a criminal record has been rehabilitated, specifically considering whether the applicant has been a victim of human trafficking and the lapse of time since the offense.
C.R.S. § 12-255-118.5 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-118.5
12-255-118.5. Approved nurse aide training programs
Status: in_force

12-255-118.5. Approved nurse aide training programs. (1) Except for any medical facility or program that has been explicitly disapproved by the department of public health and environment, the board may approve any nurse aide training program offered by or held in a medical facility or offered and held outside a medical facility. Approval by the board is sufficient to authorize and permit the operation of the training program.

(2) The curriculum content for nurse aide training must include material that will provide a basic level of both knowledge and demonstrable skills for each individual completing the program and be presented in a manner that will take into consideration individuals with limited literacy skills. The curriculum content must include needs of populations that may be served by an individual medical facility.

(3) The curriculum must include the following topics:

(a) Communication and interpersonal skills;

(b) Infection control;

(c) Safety and emergency procedures;

(d) Promoting residents' and patients' independence;

(e) Respecting residents' and patients' rights.

(4) The training program shall be designed to enable participants to develop and demonstrate competency in the following areas:

(a) Basic nursing skills;

(b) Personal care skills;

(c) Recognition of mental health and social services needs;

(d) Basic restorative services;

(e) Resident or patient rights.

(5) The board or its designee shall inspect and survey each nurse aide training program it approves during the first year following approval and every two years thereafter. The inspection or survey may be made in conjunction with surveys of medical facilities conducted by the department of public health and environment.

(6) The board may require a nurse aide training program to include up to twenty-five percent more hours than the minimum requirements established in the federal "Omnibus Budget Reconciliation Act of 1987", as amended, Pub.L. 100-203, 101 Stat. 1330. Any additional training hours shall be within the subject areas required by federal law.
C.R.S. § 12-120-216 — CO Code / Title 12 / Article 120 / Part 2 / Section 12-120-216
12-120-216. Professional engineer's seal - rules
Status: in_force

12-120-216. Professional engineer's seal - rules. (1) Upon receiving a license from the board, a professional engineer may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal of a design approved by the board. The seal must contain the licensed professional engineer's name and license number and the designation "Colorado licensed professional engineer". Colorado professional engineers licensed before July 1, 2004, may continue to use their prior existing seals.

(2) A professional engineer shall use a seal and signature only when the work to which the seal is applied was prepared under the engineer's responsible charge.

(3) The board shall adopt rules governing use of the seal and the retention, use, and distribution of sealed documents and copies thereof.
C.R.S. § 12-275-125 — CO Code / Title 12 / Article 275 / Section 12-275-125
12-275-125. Enforcement - injunction - defense
Status: in_force

12-275-125. Enforcement - injunction - defense. (1) When the board has reasonable cause to believe that any person is violating any provision of this article 275 or any lawful rule issued under this article 275, it may, in addition to all actions provided for in this article 275 and without prejudice thereto, enter an order in accordance with section 12-20-405 requiring the person to desist or refrain from the violation. Additionally, the board may seek injunctive relief in accordance with section 12-20-406 to enjoin the person from engaging in or continuing the violation or from doing any act in furtherance of the violation.

(2) When legal actions are instituted against a board member or authorized personnel for acts occurring while acting in their official capacities and the actions are free of malice, fraud, or willful neglect of duty, the member or employee served shall forthwith transmit any process served upon him or her to the attorney general who shall furnish counsel and defend against the action without cost to the board member or employee.
C.R.S. § 12-295-119 — CO Code / Title 12 / Article 295 / Section 12-295-119
12-295-119. Professional nursing and the practice of a psychiatric technician - other groups
Status: in_force

12-295-119. Professional nursing and the practice of a psychiatric technician - other groups. (1) Nothing in this article 295 shall be construed:

(a) As conferring any authority to practice medicine or professional nursing or to undertake the treatment or care of disease, pain, injury, deformity, or physical or mental condition in violation of the law of this state; or

(b) To enlarge or detract from the rights, powers, and duties of any other licensed business, occupation, or profession.
C.R.S. § 12-275-104 — CO Code / Title 12 / Article 275 / Section 12-275-104
12-275-104. Proprietor defined
Status: in_force

12-275-104. Proprietor defined. (1) The term "proprietor", as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who:

(a) For financial gain, employs optometrists in the operation of an optometry office;

(b) Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist's office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term "proprietor" does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the manufacturer or by the manufacturer's franchised dealer; or

(c) Under the guise of a rental percentage lease or sublease or other leasing or rental arrangement, participates in the direction and control of a licensee's practice and business or in the receipts or profits accruing therefrom, but a bona fide percentage sale lease basing the rental of the premises let upon a percentage of gross income of not to exceed the reasonable, going rate for like quarters and location, as determined by the board after investigation, shall not be deemed an avoidance of the provisions of this section. Certified copies of all such leasing and rental arrangements and renewals thereof shall be filed with the board by the licensee within thirty days after execution.
C.R.S. § 12-245-309 — CO Code / Title 12 / Article 245 / Part 3 / Section 12-245-309
12-245-309. Prescription authority - psychotropic drugs - prescription certificates - requir
Status: in_force

12-245-309. Prescription authority - psychotropic drugs - prescription certificates - requirements - issuance, denial, renewal, and revocation of certification - rules. (1) Prescribing and administering psychotropic medications.

(a) A licensed psychologist may only administer or prescribe psychotropic medication to a person pursuant to the requirements and limitations set forth in this section.

(b) A licensed psychologist must hold a prescription certificate in order to prescribe or administer psychotropic medication.

(2) Prescription certificate.

(a) A licensed psychologist may apply to the board for a prescription certificate in the form and manner approved by the board. The applicant must include satisfactory evidence that the applicant:

(I) Has completed a doctoral program in psychology from an approved school or from a doctoral program that was not accredited at the time of the applicant's graduation but meets the professional standards approved by the board;

(II) Has successfully completed a master of science in a clinical psychopharmacology program that is designated by the American Psychological Association or any education as set forth in rules promulgated by the board with approval of the Colorado medical board and that consists of didactic instruction of at least four hundred fifty classroom hours in at least the following core areas of instruction:

(A) Neuroscience;

(B) Pharmacology;

(C) Psychopharmacology;

(D) Physiology;

(E) Pathophysiology;

(F) Appropriate and relevant physical and laboratory assessment;

(G) Clinical pharmacotherapeutics; and

(H) Basic sciences, including general biology, microbiology, cell and molecular biology, human anatomy, human physiology, biochemistry, and genetics, as part of or prior to enrollment in a master of science degree program in clinical psychopharmacology;

(III) Has passed the psychopharmacology examination for psychologists developed by the Association of State and Provincial Psychology Boards, or its successor organization;

(IV) Has been certified by each of the applicant's independently licensed prescribing physicians as having successfully completed, in not less than twelve months but no more than twenty-four months, a supervised and relevant clinical experience approved by the board and the Colorado medical board that consists of:

(A) A one-to-one, in-person supervised practicum, of at least seven hundred fifty hours treating at least one hundred fifty clients with mental health disorders, under the supervision of any one or a combination of appropriately trained independently licensed prescribing physicians who have been determined by the board and the Colorado medical board as competent to train the applicant in the treatment of a diverse client population;

(B) Included in the seven hundred fifty hours required in subsection (2)(a)(IV)(A) of this section, at least an eighty-hour practicum in observational clinical assessment and pathophysiology under the supervision of an independently licensed prescribing physician; and

(C) If the licensed psychologist is working with patients under eighteen years of age or over sixty-five years of age, at least two hundred fifty of the seven hundred fifty hours required in subsection (2)(a)(IV)(A) of this section under the supervision of one or more independently licensed prescribing physicians who work with patients under eighteen years of age or over sixty-five years of age, whichever is applicable, if the licensed psychologist is working with such patients;

(V) Has successfully undergone a process of independent peer review as set forth in rule of the board and approved by the Colorado medical board;

(VI) Maintains commercial professional liability insurance with an insurer authorized to do business in this state or an eligible nonadmitted insurer authorized to provide insurance pursuant to article 5 of title 10 in a minimum indemnity amount of one million dollars per incident and three million dollars annual aggregate per year; and

(VII) Meets all other requirements as determined by the board.

(b) The board shall issue a prescription certificate to an applicant who the board determines has met the requirements of subsection (2)(a) of this section. A licensed psychologist with a prescription certificate may prescribe and administer psychotropic medication to a person if the licensed psychologist:

(I) Holds a current license in good standing to practice psychology in this state;

(II) Maintains the commercial professional liability insurance required by subsection (2)(a)(VI) of this section; and

(III) Completes at least forty hours of continuing education every two years in the areas of pharmacology and psychopharmacology for prescribing psychologists or a greater amount as required by the board.

(3) Prescription certificate by endorsement. Upon payment of the required licensing fees and approval of the application for a prescription certificate by endorsement, the board may certify by endorsement and grant a prescription certificate to an applicant who has:

(a) A current license in good standing to practice psychology from another state; and

(b) (I) Unrestricted prescriptive authority from another state that imposes the education, supervision, and training requirements required by this section and by rule of the board; or

(II) Training from the United States department of defense psychopharmacology demonstration project for licensed psychologists or other similar program that imposes the education, supervision, and training requirements required by this section and by rule of the board.

(4) Rules. The board may promulgate rules to:

(a) Implement procedures for obtaining a prescription certificate and renewals for the certificates; and

(b) In addition to the grounds for discipline in section 12-245-224, establish the grounds for denial, suspension, and revocation of a prescription certificate, including for the suspension of a license to practice psychology upon the suspension or revocation of a certificate.

(5) Prescribing and administering practices.

(a) A prescribing psychologist may:

(I) Prescribe psychotropic medication through the use of telepsychology; and

(II) Prescribe and administer psychotropic medication within the recognized scope of practice, including ordering and reviewing laboratory tests in conjunction with a prescription for the treatment of a mental health disorder.

(b) When prescribing a psychotropic medication for a patient, the prescribing psychologist shall maintain an ongoing collaborative relationship with the physician who oversees the patient's general medical care to ensure that necessary medical examinations are conducted, the psychotropic medication is appropriate for the patient's medical condition, and significant changes in the patient's medical or psychological conditions are discussed.

(c) (I) A prescribing psychologist shall obtain a release of information from a patient or the patient's legal guardian authorizing the psychologist to contact the patient's primary treating physician, as required by law.

(II) If a patient or the patient's legal guardian refuses to sign a release of information for the patient's primary treating physician who oversees the patient, the prescribing psychologist shall:

(A) Inform the client or the client's legal guardian that the psychologist cannot treat the patient pharmacologically without an ongoing collaborative relationship with the client's primary treating physician; and

(B) Refer the patient to another prescriber who is not required to maintain an ongoing collaborative relationship with a physician.

(III) Before prescribing or administering a psychotropic medication to a patient, a prescribing psychologist shall communicate to the patient's primary treating physician the intent to prescribe or administer the medication and must receive electronic written agreement from the physician that the prescription for or administering of the medication is appropriate.

(IV) If a patient does not have a primary treating health-care provider who is a licensed physician, the prescribing psychologist shall refer the patient to a licensed physician prior to psychopharmacological treatment. The psychologist must receive the results of the licensed physician's assessment and shall contact the licensed physician who conducted the assessment prior to prescribing a psychotropic medication to the patient.

(V) Once a collaborative relationship is established with the primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section, the prescribing psychologist shall maintain and document the collaborative relationship to ensure that relevant information is exchanged accurately and in a timely manner. The ongoing collaborative relationship must be maintained according to the following:

(A) A prescribing psychologist shall notify the primary treating physician to whom the psychologist refers the client pursuant to subsection (5)(c)(IV) of this section if the patient experiences adverse effects from medications prescribed by the psychologist that may be related to the patient's medical condition for which the patient is being treated by the primary treating physician;

(B) A prescribing psychologist shall notify the primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section regarding results of laboratory tests related to the medical care of the patient that have been ordered by the psychologist in conjunction with psychopharmacological treatment; and

(C) A prescribing psychologist shall notify a primary treating physician to whom the psychologist refers the patient pursuant to subsection (5)(c)(IV) of this section as soon as possible of any change in the patient's psychological condition that may affect the medical treatment being provided by the physician.

(d) In accordance with section 12-245-203, a prescribing psychologist shall not prescribe medication to a patient unless it is within the prescribing psychologist's scope of training, experience, and competence.

(6) Complaints. The Colorado medical board shall review complaints in the normal course of business and make recommendations to the board regarding violations of this section and disciplinary action to be taken by the board, if applicable.

(7) Prescription information. The entity that dispenses a prescription for a psychotropic medication written by a prescribing psychologist shall comply with applicable state and federal laws.

(8) Disclosure. A prescribing psychologist shall disclose to each patient to whom the psychologist prescribes a psychotropic medication that the psychologist is not a physician licensed to practice medicine and will be sharing information regarding the delivery of prescribing services to the patient's primary treating health-care provider as required by law. The disclosure must be in writing, signed by the patient, and kept in the patient's record on file with the psychologist.

(9) A prescribing psychologist shall not prescribe any drug to a person under eighteen years of age without informed consent from the parent or guardian of such person.

(10) Drug enforcement administration number. Each prescribing psychologist shall file with the board, in the form and manner determined by the board, all individual federal drug enforcement administration registrations and numbers. The board and the Colorado medical board shall maintain current records of every psychologist with prescriptive authority, including the psychologist's registrations and numbers.

(11) (a) The department shall annually collect information regarding:

(I) The number of prescribing psychologists in this state;

(II) The location of practice of each prescribing psychologist;

(III) The number of prescribing psychologists who accept clients with private health insurance or who are enrolled in the medical assistance program established pursuant to parts 4 to 6 of title 25.5;

(IV) The type of practice of each prescribing psychologist; and

(V) The populations served by each prescribing psychologist.

(b) The department shall compile the information and share it with the office in the department that is responsible for conducting sunset reviews pursuant to section 24-34-104. The office shall include the information in each scheduled sunset review concerning the regulation of mental health professionals pursuant to section 24-34-104.
C.R.S. § 12-220-507 — CO Code / Title 12 / Article 220 / Part 5 / Section 12-220-507
12-220-507. Dental hygienist peer health assistance program - fees - rules
Status: in_force

12-220-507. Dental hygienist peer health assistance program - fees - rules. (1) (a) (I) Effective July 1, 2023, as a condition of licensure in this state, and for the purpose of supporting a dental hygienist peer health assistance program, every applicant for initial licensure as a dental hygienist or a dental hygienist reinstating or renewing the dental hygienist's license must pay to the administering entity that has been selected by the department pursuant to subsection (1)(c) of this section an amount not to exceed fifteen dollars per year. The department may adjust this amount on January 1, 2024, and annually thereafter to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all urban consumers or goods, or its successor index; except that the amount must not exceed twenty-five dollars per year.

(II) The administering entity shall use the money collected pursuant to this subsection (1)(a) to administer a peer health assistance program for dental hygienists, including to support designated providers that the department selects pursuant to subsection (1)(b) of this section to assist dental hygienists with physical, emotional, or psychological problems that may be detrimental to dental hygienists' ability to practice dental hygiene.

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

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

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

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

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

(V) Provide counseling and support for a dental hygienist and for the family of any dental hygienist referred for treatment;

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

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

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

(d) The administering entity shall:

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

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

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

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

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

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

(2) (a) A dental hygienist may self-refer to participate in the peer health assistance program or may be referred by the board.

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

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

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

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

(5) The board may promulgate rules necessary to implement this section.
C.R.S. § 12-115-116 — CO Code / Title 12 / Article 115 / Section 12-115-116
12-115-116. Exemptions - definition
Status: repealed

12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes.

(2) Nothing in this article 115 shall be construed to require any individual to hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein.

(3) (a) Nothing in this article 115 requires a regular employee of a firm or corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if:

(I) The firm or corporation employing the employee performing the work has all the electrical work installed in conformity with the minimum standards as set forth in this article 115;

(II) The work is subject to inspection by the board or its inspectors by request in writing in accordance with section 12-115-120; and

(III) The property of the firm or corporation is not generally open to the public.

(b) Neither a license for the firm or corporation, nor an inspection by the board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section.

(4) If the property of any person, firm, or corporation is: Rental property or is developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115.

(5) Nothing in this article 115 shall be construed to cover the installation, maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(6) (a) Nothing in this article 115 shall be construed to require an individual to hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith.

(b) Nothing in this article 115 shall be construed to require any firm or corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required.

(c) For the purposes of this subsection (6), "maintenance or repair of existing facilities" means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose.

(7) An individual, firm, copartnership, or corporation may engage in business as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician.

(8) Any person who plugs in any electrical appliance where an approved electrical outlet is already installed shall not be considered an installer.

(9) No provision of this article 115 shall in any manner interfere with, hamper, preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected.

(10) The provisions of this article 115 shall not be applicable to the installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes.

(11) Repealed.

(12) Inasmuch as electrical licensing and the examination of persons performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration.

(13) The provisions of this article 115 shall not be applicable to any surface or subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the "Federal Mine Safety and Health Amendments Act of 1977", Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board.

(14) (a) The permit and inspection provisions of this article 115 do not apply to:

(I) Installations under the exclusive control of electric utilities for the purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or

(II) Load control devices for electrical hot water heaters that are owned, leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company.

(b) This subsection (14) does not exempt any premises wiring on buildings, structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.

(15) Nothing in this article 115 shall be construed to:

(a) Cover the installation, maintenance, repair, or alteration of security systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(b) Cover the installation, maintenance, repair, or alteration of electronic computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(c) (I) Except to the extent that a communication system's cables and systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including:

(A) Telephone and telegraph systems not exempted as utilities in subsection (1) of this section;

(B) Radio and television receiving and transmitting equipment and stations; and

(C) Antenna systems other than community antenna television systems beyond the terminals of the controllers.

(II) The contractors performing any installation, maintenance, repair, or alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115.

(d) Cover the installation, maintenance, repair, or alteration of electric signs, cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(e) Cover the installation, maintenance, repair, or alteration of equipment and wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(f) Require either that employees of the federal government who perform electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115;

(g) Require licensing that covers the installation, maintenance, repair, or alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting.

(16) Nothing in this article 115 applies to:

(a) (I) The installation, maintenance, repair, or alteration of class 2 and class 3 remote-control, signaling, and power-limited circuits, as defined by the national electrical code; or

(II) Contractors or their employees performing any installation, maintenance, repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or

(b) The installation, maintenance, repair, or alteration of traffic signals or requires licensure for that work.
C.R.S. § 12-145-109 — CO Code / Title 12 / Article 145 / Section 12-145-109
12-145-109. Disciplinary actions - grounds for discipline
Status: in_force

12-145-109. Disciplinary actions - grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 if an applicant for or a holder of an outfitter's registration:

(a) Violates any order of the division or the director, any provision of this article 145, an applicable provision of article 20 of this title 12, or the rules established under this article 145;

(b) Fails to meet the requirements of section 12-145-108 or uses fraud, misrepresentation, or deceit in applying for or attempting to apply for registration;

(c) Violates any local, state, or federal law or regulation concerning public land management, wildlife, health, or cruelty to animals, including, but not limited to, section 33-6-113;

(d) Is convicted of or has entered a plea of nolo contendere or guilty to a felony; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea;

(e) Uses false, deceptive, or misleading advertising;

(f) Misrepresents his or her services, facilities, or equipment to a client or prospective client;

(g) Uses alcohol or any controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services or is a habitual user of alcohol or a controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services;

(h) Has incurred disciplinary action related to the practice of outfitting in another jurisdiction. Evidence of such disciplinary action shall be prima facie evidence for denial of registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(i) Has been convicted of second or third degree criminal trespass pursuant to section 18-4-503 or 18-4-504; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction;

(j) Hires an individual as a guide who fails to meet the requirements of section 12-145-106, unless the hiring is a result of an emergency situation, as defined by rules promulgated by the director, in which case the outfitter may hire a guide who does not possess a valid first-aid card or first aid instructor's card;

(k) Serves or consumes alcohol while engaged in the activities of an outfitter, if the applicant or holder is under twenty-one years of age;

(l) Violates section 18-4-503 or 18-4-504, resulting in two or more second or third degree criminal trespass convictions within any three- to five-year period while acting as an outfitter or guide; or

(m) Fails to respond to a complaint against the registered outfitter.

(2) To be valid, a proceeding under this section must be conducted in accordance with sections 12-20-403, 24-4-104, and 24-4-105.

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

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

(5) Notwithstanding any other provision of this article 145, the director may deny an initial application for registration if:

(a) The applicant is an individual who was previously listed as participating in an entity pursuant to section 12-145-108 (2), and the entity was subjected to discipline under this article 145;

(b) The applicant is an entity, the entity lists an individual as participating in the entity pursuant to section 12-145-108 (2), and that individual was previously listed as a participating person in an entity that was subjected to discipline under this article 145; or

(c) The applicant is an entity, the entity lists an individual as a participating person pursuant to section 12-145-108 (2), and that individual was previously subjected to discipline under this article 145.

(6) The director may discipline an applicant or registrant under this section for the acts of a person who:

(a) Is acting on behalf of the applicant or registrant; and

(b) (I) Is an officer, director, member, or partner of, or owner of at least a ten-percent interest in, the applicant or registrant;

(II) Has managing or controlling authority of the applicant or registrant; or

(III) Is an employee, contractor, or authorized booking agent of the applicant or registrant.
C.R.S. § 12-135-701 — CO Code / Title 12 / Article 135 / Part 7 / Section 12-135-701
12-135-701. Practice of a mortuary science practitioner described - rules
Status: in_force

12-135-701. Practice of a mortuary science practitioner described - rules. (1) The practice of a mortuary science practitioner consists of performing or offering to perform any of the following acts for compensation:

(a) The practice of a funeral director as described in section 12-135-601 (2);

(b) The practice of an embalmer as described in section 12-135-801 (1);

(c) The practice of a cremationist as described in section 12-135-901 (1);

(d) The practice of a natural reductionist as described in section 12-135-901 (2); or

(e) Using any word or abbreviation to indicate or induce others to believe that one is licensed to practice as a mortuary science practitioner.

(2) (a) An individual licensed under this part 7 may delegate tasks, as determined by the director in rule, within the scope of the individual's license to unlicensed persons practicing within the unlicensed person's experience, education, or training.

(b) A licensee is responsible for ensuring that a delegatee has the experience, education, and training necessary to perform delegated tasks.

(c) A licensee retains responsibility for any tasks delegated under this subsection (2).

(d) A licensee shall not delegate the following tasks:

(I) Any task involving handling human remains; except that this subsection (2)(d)(I) does not apply to transporting human remains;

(II) Signing contracts or other legal documents that involve compensation for funeral goods or services; or

(III) Oversight of a funeral home or crematory operations related to the final disposition of human remains.
C.R.S. § 12-255-112 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-112
12-255-112. Prescriptive authority - advanced practice registered nurses - certified midwive
Status: repealed

12-255-112. Prescriptive authority - advanced practice registered nurses - certified midwives - limits on prescriptions - rules - financial benefit for prescribing prohibited. (1) The board may authorize the following licensees to prescribe controlled substances or prescription drugs, as those terms are defined in section 12-280-103:

(a) An advanced practice registered nurse who is listed on the advanced practice registry, who has a license in good standing without disciplinary sanctions issued pursuant to section 12-255-110, and who has fulfilled the requirements of this section and requirements established by the board pursuant to this section; or

(b) A certified midwife who has a license issued pursuant to section 12-255-111.5 that is in good standing without disciplinary sanctions and who has fulfilled the requirements of this section and requirements established by the board pursuant to this section.

(2) (a) The board shall adopt rules to implement this section.

(b) Rules adopted pursuant to this section shall reflect current, accepted professional standards for the safe and effective use of controlled substances and prescription drugs.

(3) (a) An advanced practice registered nurse or a certified midwife may be granted authority to prescribe prescription drugs and controlled substances to provide treatment to clients within the role and population focus of the advanced practice registered nurse or certified midwife, as applicable.

(b) (I) An advanced practice registered nurse or a certified midwife who has been granted authority to prescribe prescription drugs and controlled substances under this part 1 may advise the nurse's or certified midwife's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.

(II) A nurse's or certified midwife's failure to advise a patient under subsection (3)(b)(I) of this section is neither:

(A) Grounds for any disciplinary action against the nurse's or certified midwife's professional license issued under this part 1; nor

(B) Grounds for any civil action against a nurse or certified midwife in a negligence or tort action; nor

(C) Evidence in any civil action against a nurse or certified midwife.

(4) (a) An advanced practice registered nurse applying for prescriptive authority shall provide evidence to the board of the following:

(I) An appropriate graduate degree as determined by the board pursuant to section 12-255-111 (3)(a);

(II) Satisfactory completion of specific educational requirements in the use of controlled substances and prescription drugs, as established by the board, either as part of a degree program or in addition to a degree program;

(III) National certification from a nationally recognized accrediting agency, as defined by the board by rule pursuant to section 12-255-111 (3)(b), unless the board grants an exception;

(IV) Professional liability insurance as required by section 12-255-113;

(V) Inclusion on the advanced practice registry pursuant to section 12-255-111; and

(VI) A signed attestation stating that the advanced practice registered nurse has completed at least three years of combined clinical work experience as a professional nurse or as an advanced practice registered nurse.

(a.5) A certified midwife applying for prescriptive authority shall provide evidence to the board that the certified midwife has obtained and maintains:

(I) A midwife certification in good standing from the American Midwifery Certification Board or its successor entity; and

(II) Professional liability insurance as required by section 12-255-113.

(b) The board may grant provisional prescriptive authority to an advanced practice registered nurse, upon satisfaction of the requirements set forth in subsection (4)(a) of this section, or to a certified midwife, upon satisfaction of the requirements set forth in subsection (4)(a.5) of this section. The provisional prescriptive authority that is granted is limited to those patients and medications appropriate to the advanced practice registered nurse's or certified midwife's role and population focus. In order to retain provisional prescriptive authority and obtain and retain full prescriptive authority pursuant to this subsection (4) for patients and medications appropriate for the advanced practice registered nurse's or certified midwife's role and population focus, an advanced practice registered nurse or a certified midwife shall satisfy the following requirements:

(I) (A) Once the provisional prescriptive authority is granted, the advanced practice registered nurse or certified midwife must obtain seven hundred fifty hours of documented experience in a mutually structured prescribing mentorship either with a physician or with an advanced practice registered nurse or a certified midwife who has full prescriptive authority and experience in prescribing medications. The mentor must be practicing in Colorado and have education, training, experience, and an active practice that corresponds with the role and population focus of the advanced practice registered nurse or certified midwife.

(B) Remote communication with the mentor is permissible within the mentorship as long as the communication is synchronous. Synchronous communication does not include communication by e-mail.

(C) The physician or advanced practice registered nurse serving as a mentor shall not require payment or employment as a condition of entering into the mentorship relationship, but the mentor may request reimbursement of reasonable expenses and time spent as a result of the mentorship relationship.

(D) Upon successful completion of the mentorship period, the mentor shall provide the mentor's signature and attestation to verify that the advanced practice registered nurse or certified midwife has successfully completed the mentorship within the required period after the provisional prescriptive authority was granted.

(E) If an advanced practice registered nurse or a certified midwife with provisional prescriptive authority fails to complete the mentorship required by this subsection (4)(b)(I) within three years or otherwise fails to demonstrate competence as determined by the board, the advanced practice registered nurse's or certified midwife's provisional prescriptive authority expires for failure to comply with the statutory requirements.

(II) Repealed.

(III) The advanced practice registered nurse or certified midwife shall maintain professional liability insurance as required by section 12-255-113.

(IV) The advanced practice registered nurse or certified midwife shall maintain national certification, as specified in subsection (4)(a)(III) or (4)(a.5)(I) of this section, unless the board grants an exception.

(V) The certified midwife must complete at least three years of clinical work experience as a certified midwife.

(c) An advanced practice registered nurse who was granted prescriptive authority prior to July 1, 2010, shall satisfy the following requirements in order to retain prescriptive authority:

(I) (Deleted by amendment, L. 2020.)

(II) The advanced practice registered nurse shall maintain professional liability insurance as required by section 12-255-113.

(III) The advanced practice registered nurse shall maintain national certification, as specified in subsection (4)(a)(III) of this section, unless:

(A) The advanced practice registered nurse was included on the advanced practice registry prior to July 1, 2010, and has not obtained national certification;

(B) The advanced practice registered nurse was included on the advanced practice registry prior to July 1, 2008, and has not completed a graduate degree as specified in section 12-255-111 (3)(a); or

(C) The board grants an exception.

(d) In order to obtain provisional prescriptive authority and obtain and retain full prescriptive authority in this state, an advanced practice registered nurse or a certified midwife from another state must meet the requirements of this section or substantially equivalent requirements, as determined by the board.

(e) and (f) Repealed.

(5) An advanced practice registered nurse or a certified midwife who obtains prescriptive authority pursuant to this section shall be assigned a specific identifier by the state board of nursing. This identifier shall be available to the Colorado medical board and the state board of pharmacy. The state board of nursing shall establish a mechanism to assure that the prescriptive authority of an advanced practice registered nurse or a certified midwife may be readily verified.

(6) An advanced practice registered nurse or a certified midwife with prescriptive authority pursuant to this section is subject to the limitations on prescriptions specified in section 12-30-109.

(7) (a) The scope of practice for an advanced practice registered nurse or a certified midwife may be determined by the board in accordance with this part 1.

(b) The board may consider information provided by nursing, medical, midwifery, or other health professional organizations, associations, or regulatory boards.

(c) (I) Prescriptive authority by an advanced practice registered nurse or a certified midwife is limited to those patients appropriate to the nurse's or certified midwife's scope of practice. Prescriptive authority may be limited or withdrawn and the advanced practice registered nurse or certified midwife may be subject to further disciplinary action in accordance with this part 1 if the nurse or certified midwife has prescribed outside the nurse's or certified midwife's scope of practice or for other than a therapeutic purpose.

(II) Nothing in this section shall be construed to require a registered nurse or certified midwife to obtain prescriptive authority to deliver anesthesia care.

(8) All prescriptions must comply with applicable federal and state laws, including article 280 of this title 12 and part 2 of article 18 of title 18.

(9) Nothing in this section shall be construed to permit dispensing or distribution, as defined in section 12-280-103 (14) and (15), by an advanced practice registered nurse or a certified midwife, except for samples, under article 280 of this title 12 and the federal "Prescription Drug Marketing Act of 1987", Pub.L. 100-293, as amended.

(10) An advanced practice registered nurse registered pursuant to section 12-255-111 or a certified midwife is not required to apply for or obtain prescriptive authority.

(11) Nothing in this section limits:

(a) The practice of nursing by any nurse, including advanced practice registered nurses; or

(b) The practice as a certified midwife by any certified midwife.

(12) An advanced practice registered nurse or a certified midwife shall not accept any direct or indirect benefit from a pharmaceutical manufacturer or pharmaceutical representative for prescribing a specific medication to a patient. For the purposes of this section, a direct or indirect benefit does not include a benefit offered to an advanced practice registered nurse or certified midwife regardless of whether the specific medication is being prescribed.
C.R.S. § 12-250-106 — CO Code / Title 12 / Article 250 / Section 12-250-106
12-250-106. Practice of naturopathic medicine by naturopathic doctors - exclusions - protect
Status: in_force

12-250-106. Practice of naturopathic medicine by naturopathic doctors - exclusions - protected activities - definition - rules. (1) The practice of naturopathic medicine by a naturopathic doctor includes the following:

(a) The prevention and treatment of human injury, disease, or conditions through education or dietary or nutritional advice and the promotion of healthy ways of living;

(b) The use of physical examinations and the ordering of clinical, laboratory, and radiological diagnostic procedures from licensed or certified health-care facilities or laboratories for the purpose of diagnosing and evaluating injuries, diseases, and conditions in the human body;

(c) (I) Obtaining, dispensing, administering, ordering, or prescribing, as specified, medicines listed in the naturopathic formulary, which includes:

(A) Epinephrine to treat anaphylaxis;

(B) Barrier contraceptives, excluding intrauterine devices;

(C) Oxygen, but only for emergency use;

(D) Vitamins B6 and B12;

(E) Substances that are regulated by the federal food and drug administration but that do not require a prescription order to be dispensed;

(F) Vaccines, in accordance with the ACIP guidelines, for patients who are at least eighteen years of age; and

(G) Any additions to the naturopathic formulary as determined by the director by rule, limited to biological substances including vitamins, minerals, nutritive substances, extracts, and their products and residues.

(II) A naturopathic doctor may obtain medications described in subsection (1)(c)(I) of this section from a manufacturer, wholesaler, or in-state prescription drug outlet registered or licensed by the state board of pharmacy pursuant to article 280 of this title 12. An entity that provides a medication described in subsection (1)(c)(I) of this section to a naturopathic doctor in accordance with this section, and that relies in good faith upon the registration information provided by the naturopathic doctor, is not subject to liability for providing the medication.

(d) Performing minor office procedures.

(2) A naturopathic doctor shall not:

(a) Prescribe, dispense, administer, or inject a controlled substance or device identified in the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended;

(b) Perform surgical procedures, including surgical procedures using a laser device;

(c) Use general or spinal anesthetics, other than topical anesthetics;

(d) Administer ionizing radioactive substances for therapeutic purposes;

(e) Treat a child who is less than two years of age, unless the naturopathic doctor:

(I) Provides to the parent or legal guardian of the child a copy of the most recent immunizations schedule recommended by the ACIP and recommends that the parent or legal guardian follow the immunizations schedule;

(II) (A) On or after March 26, 2015, except as provided in subsection (2)(e)(II)(B) of this section, demonstrates in each year in which the naturopathic doctor treats a child under two years of age, successful completion of five hours per year of education or practicum training solely related to pediatrics in accordance with continuing professional competency requirements approved by the director pursuant to section 12-250-109, which includes subject matter related to recognizing a sick infant and when to refer an infant for more intensive care.

(B) If, pursuant to subsection (2)(f) of this section, a naturopathic doctor treats children who are two years of age or older but less than eight years of age and successfully completes three hours per year of education or practicum training solely related to pediatrics as required by subsection (2)(f)(II) of this section, the naturopathic doctor is required only to successfully complete an additional two hours per year of education or practicum training solely related to pediatrics to comply with the requirements of subsection (2)(e)(II)(A) of this section.

(III) (A) Develops and executes a written collaborative agreement with a licensed physician who is a pediatrician or family physician, which agreement includes the duties and responsibilities of each party as part of the collaborative agreement according to each party's standard of care and practice act, a process for consulting with and referring to a licensed physician to facilitate the effective treatment of children under two years of age, and other provisions as may be established by the director by rule. The naturopathic doctor and the licensed physician shall keep the written collaborative agreement on file and, upon request by the director, for naturopathic doctors, or by the Colorado medical board, for licensed physicians, shall provide a copy of the agreement to the director or board, as applicable.

(B) The naturopathic doctor shall provide to the director the name and license number of the licensed physician and shall ensure that the information filed with the director is current. The director shall make the information available to the Colorado medical board and the naturopathic medicine advisory committee.

(C) Nothing in this subsection (2)(e)(III) permits the independent practice of medicine, as defined in section 12-240-107 (1) and (2), by a naturopathic doctor.

(D) Nothing in this subsection (2)(e)(III): Limits the ability of a naturopathic doctor to make an independent judgment; requires supervision by a licensed physician; precludes the use of professional judgment or variation according to the needs of the child under two years of age; imposes liability on a licensed physician, in developing or signing a collaborative agreement, for the actions of the naturopathic doctor in treating a child under two years of age; imposes liability on a naturopathic doctor, in developing or signing a collaborative agreement, for the actions of the licensed physician in consulting regarding the treatment of a child less than two years of age; or requires the naturopathic doctor and licensed physician to be practicing in the same community or in close proximity to each other in order to enter into a collaborative agreement.

(IV) Requires the child's parent or legal guardian to sign an informed consent that:

(A) Discloses that the naturopathic doctor is registered pursuant to this article 250;

(B) Discloses that the naturopathic doctor is not a physician licensed pursuant to article 240 of this title 12;

(C) Recommends that the child have a relationship with a licensed pediatric health-care provider; and

(D) If the child has a relationship with a licensed pediatric health-care provider, requests permission from the parent or legal guardian for the naturopathic doctor to attempt to develop and maintain a collaborative relationship with the licensed pediatric health-care provider, as defined by director rules, or, if the child does not have a relationship with a licensed pediatric health-care provider, on the child's first visit, refers the child to at least one licensed pediatric health-care provider, physician, or advanced practice registered nurse who cares for pediatric patients to provide a medical home for the child, with ongoing communication and relationship between the naturopathic doctor and the licensed pediatric health-care provider, physician, or advanced practice registered nurse; and

(V) Complies with rules adopted by the director regarding the training required by subsection (2)(e)(II) of this section and referral to and communication with licensed pediatric health-care providers, physicians, or advanced practice registered nurses as required by subsection (2)(e)(IV)(D) of this section to ensure the safety of clients who are under two years of age;

(f) Treat a child who is two years of age or older but less than eight years of age, unless the naturopathic doctor:

(I) Provides to the parent or legal guardian of the child a copy of the most recent immunizations schedule recommended by the ACIP and recommends that the parent or legal guardian follow the immunizations schedule;

(II) Demonstrates successful completion of three hours per year of education or practicum training solely related to pediatrics in accordance with continuing professional competency requirements approved by the director pursuant to section 12-250-109; and

(III) Requires the child's parent or legal guardian to sign an informed consent that:

(A) Discloses that the naturopathic doctor is registered pursuant to this article 250;

(B) Discloses that the naturopathic doctor is not a physician licensed pursuant to article 240 of this title 12;

(C) Recommends that the child have a relationship with a licensed pediatric health-care provider; and

(D) If the child has a relationship with a licensed pediatric health-care provider, requests permission from the parent or legal guardian for the naturopathic doctor to attempt to develop and maintain a collaborative relationship with the licensed pediatric health-care provider, as defined by director rules;

(g) Engage in or perform the practice of medicine, surgery, or any other form of healing except as authorized by this article 250;

(h) Practice obstetrics;

(i) Perform spinal adjustment, manipulation, or mobilization, but this subsection (2)(i) does not prohibit a naturopathic doctor from practicing naturopathic physical medicine as described in section 12-250-103 (13)(b); or

(j) Recommend the discontinuation of, or counsel against, a course of care, including a prescription drug that was recommended or prescribed by another health-care practitioner licensed in this state, unless the naturopathic doctor consults with the health-care practitioner who recommended the course of care.

(3) (a) A naturopathic doctor has the same authority and is subject to the same responsibilities as a licensed physician under public health laws pertaining to reportable diseases and conditions, communicable disease control and prevention, and recording of vital statistics and health and physical examinations, subject to the limitations of the scope of practice of a naturopathic doctor as specified in this article 250.

(b) Before conducting an initial examination of a patient, a naturopathic doctor shall obtain the patient's informed consent to the examination, evidenced by a written statement in a form prescribed by the director and signed by both the patient and the naturopathic doctor. The statement must:

(I) Disclose that the naturopathic doctor is not a medical doctor or physician licensed under article 240 of this title 12;

(II) Recommend that the patient have a relationship with a medical doctor or licensed physician;

(III) Indicate that the naturopathic doctor will attempt to develop and maintain a collaborative relationship with the patient's licensed physician, if the patient has a relationship with a licensed physician; and

(IV) Disclose that the naturopathic doctor is registered and not licensed.

(c) A naturopathic doctor shall communicate and cooperate with a patient's other health-care providers, if any, to ensure that the patient receives coordinated care.

(d) A naturopathic doctor shall refer a patient to another health-care professional if the patient's needs are beyond the naturopathic doctor's scope of knowledge and practice.

(4) This article 250 does not prevent or restrict the practice, services, or activities of:

(a) A person who is licensed, certified, or registered to practice a profession or occupation pursuant to this title 12 and who engages in activities that are within the lawful scope of practice for the profession or occupation for which the person is licensed, certified, or registered;

(b) A person who practices natural health care, provides natural health-care services, or advises and educates in the use of natural health-care products, as long as the person does not:

(I) Diagnose injuries or diseases;

(II) Prescribe medicines as authorized for registrants pursuant to subsection (1)(c) of this section or a prescription drug or controlled substance or device identified in the federal "Controlled Substances Act", 21 U.S.C. sec. 801 et seq., as amended; or

(III) Perform minor office procedures as authorized for registrants pursuant to subsection (1)(d) of this section;

(c) A person who sells vitamins, health foods, dietary supplements, herbs, or other natural products, if not otherwise prohibited by state or federal law, and who sells or provides information about the products;

(d) A person who provides truthful and nonmisleading information regarding natural health-care products or services;

(e) A person employed by the federal government who practices naturopathic medicine while the person is engaged in the performance of his or her duties;

(f) A person who is licensed or otherwise authorized to practice as a naturopathic doctor in another state or district in the United States who is consulting with a naturopathic doctor in this state as long as the consultation is limited to examination, recommendation, or testimony in litigation;

(g) A student enrolled in an approved naturopathic medical college who practices naturopathic medicine if the performance of services is pursuant to a course of instruction or assignments from and under the supervision of an instructor who is a naturopathic doctor or a licensed professional in the field in which he or she is providing instruction;

(h) A person who administers a domestic or family remedy to oneself or a member of his or her immediate family based on religious or health beliefs; or

(i) A person who renders aid in an emergency when no fee or other consideration of value for the services is charged, received, expected, or contemplated.

(5) Except as provided in subsection (4) of this section, a person who is not registered under this article 250 shall not:

(a) Diagnose injury, disease, ailment, infirmity, deformity, pain, or other condition of the human body;

(b) Dispense, administer, order, or prescribe medicines as authorized for registrants pursuant to subsection (1)(c) of this section; or

(c) Use the title "naturopathic doctor", "doctor of naturopathy", the abbreviation "N.D.", or any other title that implies the person is registered or licensed as a naturopathic doctor.

(6) Many therapies used by naturopathic doctors, such as the use of nutritional supplements, herbs, foods, homeopathic preparations, and physical forces such as heat, cold, water, touch, and light, are not the exclusive privilege of naturopathic doctors, and this article 250 does not prohibit the use or practice of those therapies by a person who is not registered under this article 250 to practice naturopathic medicine.

(7) As used in this section, "licensed pediatric health-care provider" means a licensed physician, an advanced practice registered nurse, or a certified midwife who treats children.
C.R.S. § 12-120-401 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-401
12-120-401. General provisions
Status: in_force

12-120-401. General provisions. The regulatory authority established by this part 4 is necessary to safeguard the life, health, property, and public welfare of the people of this state and to protect them against unauthorized, unqualified, and improper practice of architecture.
C.R.S. § 12-270-110 — CO Code / Title 12 / Article 270 / Section 12-270-110
12-270-110. Scope of article - exclusions
Status: in_force

12-270-110. Scope of article - exclusions. (1) This article 270 does not prevent or restrict the practice, services, or activities of:

(a) A person licensed or otherwise regulated in this state by any other law from engaging in the person's profession or occupation as defined in the part or article under which the person is licensed;

(b) A person pursuing a course of study leading to a degree in occupational therapy at an educational institution with an accredited occupational therapy program if that person is designated by a title that clearly indicates the person's status as a student and if the person acts under appropriate instruction and supervision;

(c) A person fulfilling the supervised fieldwork experience requirements of section 12-270-107 (1) or 12-270-108 (1) if the experience constitutes a part of the experience necessary to meet the requirement of section 12-270-107 (1) or 12-270-108 (1) and the person acts under appropriate supervision;

(d) A person fulfilling an occupational therapy doctoral capstone experience if the person acts under appropriate supervision; or

(e) Occupational therapy in this state by any legally qualified occupational therapist from another state or country when providing services on behalf of a temporarily absent occupational therapist licensed in this state, so long as the unlicensed occupational therapist is acting in accordance with rules established by the director. The unlicensed practice must not be of more than four weeks' duration, and a person shall not undertake unlicensed practice more than once in any twelve-month period.
C.R.S. § 12-110-105 — CO Code / Title 12 / Article 110 / Section 12-110-105
12-110-105. Office of combative sports - creation
Status: in_force

12-110-105. Office of combative sports - creation. There is created in the division the office of combative sports. The office of combative sports and the Colorado combative sports commission, created in section 12-110-106, are type 2 entities, as defined in section 24-1-105, and exercise their respective powers and perform their respective duties and functions as specified in this article 110 under the department.
C.R.S. § 12-215-106 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-106
12-215-106. Licensure - minimum education requirements
Status: in_force

12-215-106. Licensure - minimum education requirements. (1) A minimum educational requirement shall include a knowledge of the basic sciences and for original licensure shall include graduation from a high school or its educational equivalent and graduation from an approved chiropractic school or college that teaches a course of not less than four thousand resident classroom hours in a period of four academic years. All applicants for licensure who matriculate in a chiropractic school or college shall present evidence of having graduated from a chiropractic school or college having status with the commission on accreditation of the Council on Chiropractic Education, or its successor, or from a chiropractic school or college that meets equivalent standards. The schedule of minimum educational requirements to enable any person to practice chiropractic in the state of Colorado is, except as otherwise provided, as follows:

Group 1. Anatomy, including embryology and histology

Group 2. Physiology and psychology

Group 3. Biochemistry, inorganic and organic chemistry

Group 4. Pathology, bacteriology, and toxicology

Group 5. Public health, hygiene, sanitation, and first aid

Group 6. Diagnosis (to include, but not be limited to, physical, clinical, laboratory, and all other recognized diagnostic procedures), pediatrics, dermatology, syphilology, psychiatry, and X ray

Group 7. Obstetrics, gynecology

Group 8. Principles and practice of chiropractic, adjustive technic. Electives including dietetics, nutrition, posture, physiotherapy, electrotherapy, and surgical, optometric, and dental indications

(2) Any chiropractic college or school meeting the requirements of this section and the rules adopted by the board shall be eligible for approval.