C.R.S. § 12-255-104 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-104
12-255-104. Definitions
Status: in_force

12-255-104. Definitions. As used in this article 255, unless the context otherwise requires:

(1) "Advanced practice registered nurse" means a registered professional nurse who is licensed to practice pursuant to this part 1, who obtains specialized education or training as provided in section 12-255-111, and who applies to and is accepted by the board for inclusion in the advanced practice registry established pursuant to section 12-255-111.

(2) "Approved education program" means a course of education conducted by an educational or health-care institution that implements the basic practical or professional nursing curriculum or the basic nurse aide curriculum, as applicable, prescribed and approved by the board.

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

(3.2) "Certified midwife" means an individual who meets the qualifications for practice as a certified midwife, as specified in this part 1 and by the American Midwifery Certification Board, or its successor entity, and who is currently licensed by the board. Only an individual who holds a license to practice as a certified midwife in this state pursuant to this part 1 has the right to use the title "certified midwife" and its abbreviation, "C.M."

(3.3) "Certified nurse aide" means a person who meets the qualifications specified in part 2 of this article 255 and who is currently certified by the board. Only a person who holds a certificate to practice as a nurse aide in this state pursuant to part 2 of this article 255 has the right to use the title "certified nurse aide" and its abbreviation, "C.N.A."

(3.5) "Collaboration" means the act of licensed health-care providers working cooperatively within each licensed health-care provider's scope of practice to formulate and carry out the plan of patient care.

(4) "Delegated medical function" means an aspect of care that implements and is consistent with the medical plan as prescribed by a licensed or otherwise legally authorized physician, podiatrist, or dentist and is delegated to a registered professional nurse or a practical nurse by a physician, podiatrist, dentist, or physician assistant. For purposes of this subsection (4), "medical plan" means a written plan, verbal order, standing order, or protocol, whether patient specific or not, that authorizes specific or discretionary medical action, which may include but is not limited to the selection of medication. Nothing in this subsection (4) shall limit the practice of nursing as defined in this part 1.

(4.5) (a) "Delegation of patient care" means aspects of patient care that are consistent with a plan of patient care prescribed by a licensed health-care provider within the scope of the provider's practice and that may be delegated to a registered nurse or licensed practical nurse within the scope of the nurse's practice. "Delegation of patient care" includes aspects of patient care that may be delegated by a licensed health-care provider within the scope of the provider's practice and within the provider's professional judgment to a licensed or an unlicensed health-care provider within the scope of that provider's practice. Nothing in this subsection (4.5) limits or expands the scope of practice of any nurse or certified midwife licensed pursuant to this article 255.

(b) As used in this subsection (4.5), "plan of patient care" means a written plan, verbal order, standing order, or protocol, whether patient specific or not, that authorizes specific or discretionary nursing or certified midwife action and that may include the administration of medication.

(5) "Diagnosing" means the use of professional nursing knowledge and skills in the identification of, and discrimination between, physical and psychological signs or symptoms to arrive at a conclusion that a condition exists for which nursing care is indicated or for which referral to appropriate medical or community resources is required. "Diagnosis" has a corresponding meaning.

(5.3) "Home health agency" means a provider of home health services, as defined in section 25.5-4-103 (7), that is certified by the department of public health and environment.

(5.5) "Licensed health-care provider" means an individual who is licensed or otherwise authorized by the state pursuant to this title 12 or article 3.5 of title 25 to provide health-care services.

(5.6) "Medical facility" means a nursing facility licensed by the department of public health and environment or home health agencies certified to receive medicare or medicaid funds, pursuant to the federal "Social Security Act", as amended, distinct part nursing facilities, or home health agencies or entities engaged in nurse aide practice. "Medical facility" does not include hospitals and other facilities licensed or certified pursuant to section 25-1.5-103 (1)(a).

(5.7) "Nursing facility" has the same meaning as set forth in section 25.5-4-103 (14).

(6) "Panel" means either panel of the board created in section 12-255-119 (1).

(7) "Practical nurse", "trained practical nurse", "licensed vocational nurse", or "licensed practical nurse" means a person who holds a license to practice pursuant to this part 1 as a licensed practical nurse in this state or is licensed in another state and is practicing in this state pursuant to section 24-60-3802, with the right to use the title "licensed practical nurse" and its abbreviation "L.P.N." or "licensed vocational nurse" and its abbreviation, "L.V.N."

(7.5) "Practice as a certified midwife" means the performance of services requiring the education, training, and skills specified by the American Midwifery Certification Board, or its successor entity, for midwife certification from that entity.

(8) (a) "Practice of advanced practice registered nursing" means an expanded scope of professional nursing in a scope, role, and population focus approved by the board, with or without compensation or personal profit, and includes the practice of professional nursing.

(b) "Practice of advanced practice registered nursing" includes prescribing medications as may be authorized pursuant to section 12-255-112.

(c) Nothing in this subsection (8) shall alter the definition of the practice of professional nursing.

(8.5) "Practice of a nurse aide" or "nursing aide practice" means the performance of services requiring the education, training, and skills specified in part 2 of this article 255 for certification as a nurse aide. These services are performed under the supervision of a dentist, physician, podiatrist, professional nurse, licensed practical nurse, or other licensed or certified health-care professional acting within the scope of the professional's license or certificate.

(9) (a) "Practice of practical nursing" means the performance, under the supervision of a licensed health-care provider authorized to practice in this state, of those services requiring the education, training, and experience, as evidenced by knowledge, abilities, and skills required in this part 1 for licensing as a practical nurse pursuant to section 12-255-114, in:

(I) Caring for the ill, injured, or infirm;

(II) Teaching and promoting preventive health measures;

(III) Acting to safeguard life and health;

(IV) Administering treatments and medications prescribed by a licensed health-care provider; or

(V) Participating in the assessment, planning, implementation, and evaluation of the delivery of patient care services that is commensurate with the practical nurse's education.

(b) "Practice of practical nursing" includes:

(I) The performance of delegated medical functions and delegated patient care functions;

(II) The assumption of responsibilities and accountabilities for the performance of acts within the practical nurse's educational background and using procedures leading to predictable outcomes; and

(III) The administration and management of nursing, including directing and assigning nursing interventions that may be performed by other licensed or unlicensed health-care personnel.

(c) Nothing in this part 1 limits or denies a practical nurse from supervising other practical nurses or other licensed or unlicensed health-care personnel.

(10) (a) "Practice of professional nursing" means the delivery of independent and collaborative nursing care to individuals of all ages, families, groups, and communities, whether sick or well, in all settings. The functions include the initiation and performance of nursing care through health promotion, supportive or restorative care, disease prevention, diagnosis and treatment of human disease, ailment, pain, injury, deformity, and physical or mental condition using specialized knowledge, judgment, and skill involving the application of biological, physical, social, and behavioral science principles required for licensure as a professional nurse pursuant to section 12-255-110.

(b) The "practice of professional nursing" includes the performance of such services as:

(I) Evaluating health status through the collection and assessment of health data;

(II) Health teaching and health counseling;

(III) Providing therapy and treatment that is supportive and restorative to life and well-being either directly to the patient or indirectly through consultation with, delegation to, supervision of, or teaching of others;

(IV) Executing delegated medical functions and delegated patient care functions;

(V) Referring to medical or community agencies those patients who need further evaluation or treatment;

(VI) Reviewing and monitoring therapy and treatment plans.

(11) "Registered nurse" or "registered professional nurse" means a professional nurse, and only a person who holds a license to practice professional nursing in this state pursuant to this part 1 or who holds a license in another state and is practicing in this state pursuant to section 24-60-3802 may use the title "registered nurse" and its abbreviation, "R.N."

(12) "Treating" means the selection, recommendation, execution, and monitoring of those nursing measures essential to the effective determination and management of actual or potential human health problems and to the execution of the delegated medical functions and delegated patient care functions. The delegated medical functions and delegated patient care functions shall be performed under the responsible direction and supervision of a licensed health-care provider. "Treatment" has a corresponding meaning.

(13) "Unauthorized practice", for purposes of this part 1, means:

(a) The practice of practical nursing or the practice of professional nursing by any individual:

(I) Who has not been issued a license under this part 1;

(II) Who is not practicing in this state pursuant to section 24-60-3802; or

(III) Whose license has been suspended or revoked or has expired; or

(b) The practice as a certified midwife by any individual who has not been issued a license under this part 1 or whose license has been suspended or revoked or has expired.
C.R.S. § 12-10-505 — CO Code / Title 12 / Article 10 / Part 5 / Section 12-10-505
12-10-505. Refusal, revocation, or suspension of registration - letter of admonition - prob
Status: in_force

12-10-505. Refusal, revocation, or suspension of registration - letter of admonition - probation. (1) The commission may impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; may issue a letter of admonition; may place a registrant on probation under its close supervision on such terms and for such time as it deems appropriate; and may refuse, revoke, or suspend the registration of any developer or registrant if, after an investigation and after notice and a hearing pursuant to the provisions of section 24-4-104, the commission determines that the developer or any director, officer, or stockholder with controlling interest in the corporation:

(a) Has used false or misleading advertising or has made a false or misleading statement or a concealment in his or her application for registration;

(b) Has misrepresented or concealed any material fact from a purchaser of any interest in a subdivision;

(c) Has employed any device, scheme, or artifice with intent to defraud a purchaser of any interest in a subdivision;

(d) Has been convicted of or pled guilty or nolo contendere to a crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing in any court;

(e) Has disposed of, concealed, diverted, converted, or otherwise failed to account for any funds or assets of any purchaser of any interest in a subdivision or any homeowners' association under the control of the developer or director, officer, or stockholder;

(f) Has failed to comply with any stipulation or agreement made with the commission;

(g) Has failed to comply with or has violated any provision of this article 10, including any failure to comply with the registration requirements of section 12-10-503, or any lawful rule promulgated by the commission under this article 10;

(h) Has refused to honor a buyer's request to cancel a contract for the purchase of a time share or subdivision or part thereof if the request was made within five calendar days after execution of the contract and was made either by telegram, mail, or hand delivery. A request is considered made if by electronic mail when sent, if by mail when postmarked, or if by hand delivery when delivered to the seller's place of business. No developer shall employ a contract that contains any provision waiving a buyer's right to such a cancellation period.

(i) Has committed any act that constitutes a violation of the "Colorado Consumer Protection Act", article 1 of title 6;

(j) Has employed any sales agent or employee who violates the provisions of this part 5;

(k) Has used documents for sales or lease transactions other than those described in section 12-10-503 (3)(f);

(l) Has failed to disclose encumbrances to prospective purchasers or has failed to transfer clear title at the time of sale, if the parties agreed that the transfer would be made at that time.

(2) A disciplinary action relating to the business of subdivision development taken by any other state or local jurisdiction or the federal government shall be deemed to be prima facie evidence of grounds for disciplinary action, including denial of registration, under this part 5. This subsection (2) shall apply only to such disciplinary actions as are substantially similar to those set out as grounds for disciplinary action or denial of registration under this part 5.

(3) Any hearing held under this section shall be in accordance with the procedures established in sections 24-4-105 and 24-4-106.

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

(5) All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund.
C.R.S. § 12-115-123 — CO Code / Title 12 / Article 115 / Section 12-115-123
12-115-123. Unauthorized practice - penalties
Status: in_force

12-115-123. Unauthorized practice - penalties. Any person who practices or offers or attempts to practice the profession of an electrician without an active license issued under this article 115 is subject to penalties pursuant to section 12-20-407 (1)(a).
C.R.S. § 12-10-605 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-605
12-10-605. Fees, penalties, and fines collected under part 6
Status: in_force

12-10-605. Fees, penalties, and fines collected under part 6. All fees, penalties, and fines collected pursuant to this part 6, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203, 12-10-606, or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund, created in section 12-10-215.
C.R.S. § 12-280-604 — CO Code / Title 12 / Article 280 / Part 6 / Section 12-280-604
12-280-604. Collaborative pharmacy practice agreement - statewide drug therapy protocol for
Status: in_force

12-280-604. Collaborative pharmacy practice agreement - statewide drug therapy protocol for medication-assisted treatment for opioid use disorder - rules - definition. (1) As used in this section, "medication-assisted treatment" means a combination of medications and behavioral therapy, such as buprenorphine and all other medications and therapies approved by the federal food and drug administration, to treat opioid use disorder.

(2) (a) Pursuant to section 12-280-603, the board, in conjunction with the Colorado medical board created in section 12-240-105 and the state board of nursing created in section 12-255-105, shall promulgate rules no later than May 1, 2025, developing a statewide drug therapy protocol for pharmacists to prescribe, dispense, and administer only federal drug enforcement administration schedule III, IV, and V FDA-approved products as medication-assisted treatment for opioid use disorder.

(b) In developing the statewide drug therapy protocol, the applicable boards shall consider requirements for training, including a program accredited by the Accreditation Council for Pharmacy Education, or its successor entity; patient notice and consent; provider referral criteria; lab screening and testing; monitoring; patient privacy; and patient follow-up care and counseling. The rules developed pursuant to subsection (2)(a) of this section must specify that any collaborating entities utilizing the protocol are clearly identified.

(3) This section does not require a statewide drug therapy protocol or collaborative pharmacy practice agreement before a pharmacist may prescribe, dispense, or administer only federal drug enforcement administration schedule III, IV, and V FDA-approved products as medication-assisted treatment, if the prescribing, dispensing, or administering medication-assisted treatment is otherwise authorized under law.
C.R.S. § 12-280-119 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-119
12-280-119. Registration of facilities - rules
Status: repealed

12-280-119. Registration of facilities - rules. (1) All outlets with facilities in this state shall register with the board in one of the following classifications:

(a) Prescription drug outlet;

(b) Wholesale drug outlet;

(c) Manufacturing drug outlet;

(d) Any other outlet, as may be authorized by this article 280 or that meets the definition of other outlet as set forth in section 12-280-103 (32).

(2) The board shall establish, by rule, criteria, consistent with section 12-280-114 and with the public interest as set forth in section 12-280-101, that an outlet that has employees or personnel engaged in the practice of pharmacy must meet to qualify for registration in each classification.

(3) The board shall specify by rule the registration procedures applicants must follow, including the specifications for application for registration and the information needed.

(4) Registrations issued by the board pursuant to this section are transferable or assignable only pursuant to this article 280 and rules established by the board.

(5) It is lawful for a person to sell and distribute nonprescription drugs. Any person engaged in the sale and distribution of nonprescription drugs is not improperly engaged in the practice of pharmacy, and the board shall not promulgate any rule pursuant to this article 280 that permits the sale of nonprescription drugs only by a licensed pharmacist or only under the supervision of a licensed pharmacist or that would otherwise apply to or interfere with the sale and distribution of nonprescription drugs.

(6) The board shall accept the licensure or certification of nursing care facilities and intermediate care facilities required by the department of public health and environment as sufficient registration under this section.

(7) A separate registration is required under this section for any area outside the outlet that is not a satellite where pharmacist care services are provided and for any area outside the outlet that is under different ownership from the outlet.

(8) No hospital outlet filling inpatient chart orders shall sell or otherwise transfer any portion of its prescription drug inventory to another registered outlet for sale or dispensing at retail. This subsection (8) does not limit any transfer of prescription drugs for the hospital's own use or limit the ability of a hospital outlet to engage in a casual sale.

(9) Repealed.

(10) (a) A satellite shall register as a hospital satellite pharmacy if the satellite:

(I) Is located in a facility that is under the same management and control as the building or site where the prescription drug outlet is located; and

(II) Has a different address than the prescription drug outlet.

(b) The board shall adopt rules as necessary to implement this subsection (10). At a minimum, the rules must set forth the manner in which a satellite is to apply for a hospital satellite pharmacy registration and the limits on the distance of satellites from the main prescription drug outlet.

(11) (a) A prescription drug outlet may register as a specialized prescription drug outlet if it engages in the compounding, dispensing, and delivery of drugs and devices to, or the provision of pharmacist care services to, residents of a long-term care facility.

(b) A pharmacy located in a hospice inpatient unit may register as a specialized prescription drug outlet if the pharmacy compounds drugs and devices and dispenses and delivers the drugs and devices, or provides pharmacist care services, to residents of the hospice inpatient unit.

(c) The board shall adopt rules as necessary to implement this subsection (11).

(12) (a) An animal shelter that is duly registered with the secretary of state and has been in existence and in business for at least five years in this state as a nonprofit corporation, or an animal control agency that is operated by a unit of government, shall register with the board.

(b) The board may issue a limited license to an animal shelter or animal control agency to perform the activities described in section 12-280-120 (17).

(c) The board shall adopt rules as necessary to ensure strict compliance with this subsection (12) and section 12-280-120 (17) and, in conjunction with the state board of veterinary medicine, shall develop criteria for training individuals in the administration of the drug or combination of drugs.

(d) Nothing in this subsection (12) applies to a licensed veterinarian.

(13) A facility or outlet applying for a registration under this section shall have adequate and proper facilities for the handling and storage of controlled substances and shall maintain proper control over the controlled substances to ensure the controlled substances are not illegally dispensed or distributed.

(14) The board shall not issue a registration under this section to a manufacturer or distributor of marijuana or marijuana concentrate, as those terms are defined in section 27-80-203 (15) and (16), respectively.
C.R.S. § 12-200-109 — CO Code / Title 12 / Article 200 / Section 12-200-109
12-200-109. Grounds for disciplinary action
Status: in_force

12-200-109. Grounds for disciplinary action. (1) The director may deny licensure to or take disciplinary action against an acupuncturist pursuant to sections 12-20-403, 12-20-404, and 24-4-105 if the director finds that the acupuncturist has committed any of the following acts:

(a) Violated the provisions of section 12-200-108;

(b) Failed to provide the mandatory disclosure required by section 12-200-105 or provided false, deceptive, or misleading information to patients in the disclosure;

(c) Failed to provide the information required by section 12-200-106 (1) or provided false, deceptive, or misleading information to the division;

(d) Committed, or advertised in any manner that he or she will commit, any act constituting an abuse of health insurance as prohibited by section 18-13-119 or a fraudulent insurance act as defined in section 10-1-128;

(e) Failed to refer a patient to an appropriate practitioner when the problem of the patient is beyond the training, experience, or competence of the acupuncturist;

(f) Accepted commissions or rebates or other forms of remuneration for referring clients to other professional persons;

(g) Offered or gave commissions, rebates, or other forms of remuneration for the referral of clients; except that, notwithstanding the provisions of this subsection (1)(g), an acupuncturist may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on his or her behalf by the agent, including compensation that is paid for the results of performance of the services, on a per patient basis;

(h) Failed to comply with, or aided or abetted a failure to comply with, the requirements of this article 200 or any lawful rules adopted by the executive director of the department of public health and environment, including those rules governing the proper cleaning and sterilization of acupuncture needles or the sanitary conditions of acupuncture offices, or any lawful orders of the department of public health and environment or of a court;

(i) Failed to comply with, or aided or abetted a failure to comply with, the requirements of this article 200 or any lawful rules governing the practice of acupuncture adopted by the director, an applicable provision of article 20 or 30 of this title 12, or any lawful orders of the director or of a court;

(j) Engaged in sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401, with a patient during the period of time beginning with the initial patient evaluation and ending with the termination of treatment;

(k) Departed from, or failed to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established;

(l) (I) Failed to notify the director of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to practice acupuncture with reasonable skill and safety to patients;

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

(III) Failed to comply with the limitations agreed to under a confidential agreement;

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

(n) Committed and been convicted of a felony or entered a plea of guilty or nolo contendere to a felony;

(o) Published or circulated, directly or indirectly, any fraudulent, false, deceitful, or misleading claims or statements relating to acupuncture or to the acupuncturist's practice, capabilities, services, methods, or qualifications; and

(p) Failed to respond to a complaint filed against the acupuncturist in an honest, materially responsive, and timely manner.

(2) The director may accept, as prima facie evidence of the commission of any act enumerated in subsection (1) of this section, evidence of disciplinary action taken by another jurisdiction against an acupuncturist's license or other authorization to practice if the disciplinary action was based upon acts or practices substantially similar to those enumerated in subsection (1) of this section.
C.R.S. § 12-10-615 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-615
12-10-615. Judicial review of final board actions and orders
Status: in_force

12-10-615. Judicial review of final board actions and orders. Final actions and orders of the board under sections 12-10-612, 12-10-613, and 12-10-614 appropriate for judicial review are subject to judicial review in the court of appeals in accordance with section 24-4-106 (11).
C.R.S. § 12-155-105 — CO Code / Title 12 / Article 155 / Section 12-155-105
12-155-105. Powers of board - fees - rules
Status: in_force

12-155-105. Powers of board - fees - rules. (1) In addition to all other powers and duties conferred or imposed upon the board by this article 155, the board is authorized and empowered to:

(a) Elect its own officers and prescribe their duties;

(b) Conduct examinations as required by this article 155;

(c) [Editor's note: This version of subsection (1)(c) is effective until July 1, 2025.] Grant the licenses of duly qualified applicants for residential plumbers, journeymen plumbers, and master plumbers as provided in this article 155 and pursuant to the provisions of article 4 of title 24;

(c) [Editor's note: This version of subsection (1)(c) is effective July 1, 2025.] Grant the licenses of duly qualified applicants for residential plumbers, journeyworker plumbers, and master plumbers as provided in this article 155 and pursuant to article 4 of title 24;

(d) Establish fees for the issuance of a new registration and for each renewal of registration, pursuant to section 12-20-105;

(e) Promulgate, adopt, amend, and repeal rules pursuant to section 12-20-204;

(f) In accordance with article 4 of title 24, prescribe, enforce, amend, and repeal rules governing the plumbing systems of all buildings in this state;

(g) Promulgate rules governing the installation and inspection of toilet and urinal systems and structures for which reclaimed domestic wastewater is used pursuant to section 25-8-205.8 (2)(c)(IV);

(h) [Editor's note: This version of subsection (1)(h) is effective until July 1, 2025.] Employ plumbers licensed under this article 155 as journeyman or master plumbers as state plumbing inspectors and charge fees for making inspections of plumbing work covered by the Colorado plumbing code in those areas where the local jurisdiction does not conduct inspections and issue permits;

(h) [Editor's note: This version of subsection (1)(h) is effective July 1, 2025.] Employ plumbers licensed under this article 155 as journeyworker or master plumbers as state plumbing inspectors and charge fees for making inspections of plumbing work covered by the Colorado plumbing code in those areas where the local jurisdiction does not conduct inspections and issue permits;

(i) Conduct investigations and hearings and gather evidence in accordance with the provisions of sections 12-20-403 and 24-4-105;

(j) Cause the enjoinder, in accordance with section 12-20-406, of all persons violating this article 155;

(k) Inspect gas piping installations pursuant to the provisions of section 12-155-120;

(l) Find, upon holding a hearing, that an incorporated town or city, county, city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 155 if a local inspection authority or qualified state institution of higher education has failed to adhere to the minimum standards required by this article 155 within twelve months after the board has adopted the standards by rule pursuant to this subsection (1);

(m) Issue an order to cease and desist from issuing permits or performing inspections under this article 155 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 155 under this subsection (1);

(n) Apply to a court to enjoin an incorporated town or city, county, city and county, or qualified state institution of higher education from violating an order issued pursuant to subsection (1)(m) of this section.

(2) Notwithstanding any other provisions to the contrary, the board may, with regard to manufactured housing that is subject to article 32 of title 24:

(a) Promulgate, adopt, amend, and repeal rules pursuant to the provisions of article 4 of title 24 as may be necessary for the inspection of manufactured housing water and sewer hookups;

(b) Employ inspectors and charge fees for making inspections of manufactured housing water and sewer hookups.
C.R.S. § 12-280-404 — CO Code / Title 12 / Article 280 / Part 4 / Section 12-280-404
12-280-404. Program operation - access - rules - definitions
Status: repealed

12-280-404. Program operation - access - rules - definitions. (1) The board shall operate and maintain the program.

(2) (a) The board shall adopt all rules necessary to implement the program.

(b) The rules adopted pursuant to subsection (2)(a) of this section may:

(I) Repealed.

(II) Include a data retention schedule for the information obtained and stored by the program pursuant to this part 4 and the processes for the preservation of de-identified, aggregated data for a period of time as determined by the board.

(c) The program shall track all controlled substances dispensed in this state. Each pharmacy shall upload all controlled substances dispensed in each pharmacy in accordance with all applicable reporting requirements.

(3) The program is available for query only to the following persons or groups of persons:

(a) Board staff responsible for administering the program;

(b) A practitioner with prescriptive authority, or an individual designated by the practitioner or a medical director to act on the practitioner's or medical director's behalf in accordance with section 12-280-403 (2)(b), to the extent the query relates to a current patient of the practitioner. The practitioner or the practitioner's designee shall identify the person's area of health-care specialty or practice upon the initial query of the program.

(c) (I) A veterinarian with statutory authority to prescribe controlled substances, to the extent the query relates to a current patient or to a client and if the veterinarian, in the exercise of professional judgment, has a reasonable basis to suspect the client has a substance use disorder or has mistreated an animal.

(II) As used in this subsection (3)(c):

(A) "Client" has the same meaning as set forth in section 12-315-104 (4).

(B) "Mistreat" has the same meaning as set forth in section 35-42-103 (9).

(C) "Patient" has the same meaning as set forth in section 12-315-104 (13).

(d) A practitioner or medical director, or an individual designated by the practitioner or medical director to act on the practitioner's or medical director's behalf in accordance with section 12-280-403 (2)(b), engaged in a legitimate program to monitor a patient's substance use disorder;

(e) The medical director, or his or her designee, at a facility that treats substance use disorders with controlled substances, if an individual in treatment at the facility gives permission to the facility to access his or her program records;

(f) A pharmacist, an individual designated by a pharmacist in accordance with section 12-280-403 (2)(b) to act on the pharmacist's behalf, or a pharmacist licensed in another state, to the extent the information requested relates specifically to a current patient to whom the pharmacist is dispensing or considering dispensing a controlled substance or prescription drug or a patient to whom the pharmacist is currently providing clinical patient care services;

(g) Law enforcement officials, so long as the information released is specific to an individual patient, pharmacy, or practitioner and is part of a bona fide investigation and the request for information is accompanied by an official court order or subpoena;

(h) The individual who is the recipient of a controlled substance prescription, so long as the information released is specific to the individual;

(i) State regulatory boards within the division and the director, so long as the information released is specific to an individual practitioner and is part of a bona fide investigation and the request for information is accompanied by an official court order or subpoena;

(j) A resident physician with an active physician training license issued by the Colorado medical board pursuant to section 12-240-128 and under the supervision of a licensed physician;

(k) The department of public health and environment for purposes of population-level analysis, but any use of program data by the department is subject to the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, and implementing federal regulations, including the requirement to remove any identifying data unless exempted from the requirement;

(l) A medical examiner who is a physician licensed pursuant to article 240 of this title 12, whose license is in good standing, and who is located and employed in the state of Colorado; a coroner elected pursuant to section 30-10-601; or a deputy coroner who is authorized by the coroner to act on behalf of the coroner in accordance with subsection (3.5) of this section, if:

(I) The information released is specific to an individual who is the subject of an autopsy or a death investigation conducted by the medical examiner, coroner, or deputy coroner;

(II) The medical examiner, coroner, or deputy coroner has legitimate access to the individual's medical record; and

(III) The individual's death or injury occurred under unusual, suspicious, or unnatural circumstances;

(m) The medical director in each director's role at a medical practice or hospital with respect to any current patient of the medical practice or hospital under the director's supervision; and

(n) (I) The executive director of the department of health care policy and financing or the executive director's designee, for the purposes of care coordination, utilization review, and federally required reporting pertaining to recipients of benefits under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, and enrollees under the "Children's Basic Health Plan Act", article 8 of title 25.5, as long as the department's use of the program data is consistent with the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, and any implementing regulations, including the requirement to remove any personally identifying information unless exempted from the requirement.

(II) The department of health care policy and financing shall use the data collected pursuant to subsection (3)(n)(I) of this section to review and analyze current rules and other policies, appropriate utilization, and safe prescribing practices.

(3.5) A coroner may authorize a deputy coroner to access the program on behalf of the coroner if:

(a) The coroner takes reasonable steps to ensure that the deputy coroner is sufficiently competent to use the program; and

(b) The coroner remains responsible for:

(I) Ensuring that access to the program is limited to the purposes specified in subsection (3)(l) of this section and that the access occurs in a manner that protects the confidentiality of program information; and

(II) Any negligent breach of the confidentiality of information obtained from the program by the deputy coroner.

(4) (a) A practitioner, except for a veterinarian licensed pursuant to part 1 of article 315 of this title 12, or the designee of a practitioner or medical director shall query the program prior to prescribing an opioid unless the patient receiving the prescription:

(I) Is receiving the opioid in a hospital, skilled nursing facility, residential facility, or correctional facility;

(II) Has been diagnosed with cancer and is experiencing cancer-related pain;

(III) Is undergoing palliative care or hospice care;

(IV) Is experiencing post-surgical pain that, because of the nature of the procedure, is expected to last more than fourteen days;

(V) Is receiving treatment during a natural disaster or during an incident where mass casualties have taken place; or

(VI) Has received only a single dose to relieve pain for a single test or procedure.

(a.5) A practitioner, except a veterinarian licensed pursuant to part 1 of article 315 of this title 12, or the designee of a practitioner or medical director shall query the program before prescribing a benzodiazepine to a patient unless the benzodiazepine is prescribed to treat a patient in hospice or to treat epilepsy, a seizure or seizure disorder, a suspected seizure disorder, spasticity, alcohol withdrawal, or a neurological condition, including a posttraumatic brain injury or catatonia.

(b) The program must use industry standards to allow providers or their designees direct access to data from within an electronic health record to the extent that the query relates to a current patient of the practitioner.

(c) A practitioner or the designee of a practitioner or of a medical director complies with this subsection (4) if the practitioner or the practitioner's or medical director's designee attempts to access the program before prescribing an opioid or a benzodiazepine and the program is not available or is inaccessible due to technical failure.

(d) A violation of this subsection (4) does not create a private right of action or serve as the basis of a cause of action. A violation of this subsection (4) does not constitute negligence per se or contributory negligence per se and does not alone establish a standard of care. Compliance with this subsection (4) does not alone establish an absolute defense to any alleged breach of the standard of care.

(e) Repealed.

(5) The board shall not charge a practitioner or pharmacy who transmits data in compliance with the operation and maintenance of the program a fee for the transmission of the data.

(6) The board or the department of public health and environment, pursuant to a written agreement that ensures compliance with this part 4, may provide data to qualified personnel of a public or private entity for the purpose of bona fide research or education, so long as the data does not identify a recipient of, a practitioner who prescribed, or a prescription drug outlet that dispensed a prescription drug.

(7) (a) The board shall provide a means of sharing information about individuals whose information is recorded in the program with out-of-state health-care practitioners and law enforcement officials that meets the requirements of subsection (3)(b), (3)(d), or (3)(g) of this section.

(b) The board may, within existing funds available for operation of the program, provide a means of sharing prescription information and electronic health records through a board-approved vendor and method with the health information organization network, as defined in section 25-3.5-103 (8.5), in order to work collaboratively with the statewide health information exchanges designated by the department of health care policy and financing. Use of the information made available pursuant to this subsection (7)(b) is subject to privacy and security protections in state law and the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L.104-191, as amended, and any implementing regulations.

(8) The board shall develop criteria for indicators of misuse, abuse, and diversion of controlled substances and, based on those criteria, provide unsolicited reports of dispensed controlled substances to prescribing practitioners and dispensing pharmacies for purposes of education and intervention to prevent and reduce occurrences of controlled substance misuse, abuse, and diversion. In developing the criteria, the board shall consult with the Colorado dental board, Colorado medical board, state board of nursing, state board of optometry, Colorado podiatry board, and state board of veterinary medicine.

(9) Reports generated by the program and provided to prescribing practitioners for purposes of information, education, and intervention to prevent and reduce occurrences of controlled substance misuse, abuse, and diversion are:

(a) Not public records under the "Colorado Open Records Act", part 2 of article 72 of title 24;

(b) Not discoverable in any criminal or administrative proceeding against a prescribing practitioner; and

(c) Not admissible in any civil, criminal, or administrative proceeding against a prescribing practitioner.
C.R.S. § 12-170-106 — CO Code / Title 12 / Article 170 / Section 12-170-106
12-170-106. Board - creation - appointment - duties - report
Status: in_force

12-170-106. Board - creation - appointment - duties - report. (1) There is created within the division a natural medicine advisory board, which consists of fifteen members, to advise the division and the state licensing authority concerning the implementation of this article 170 and article 50 of title 44.

(2) The governor shall appoint initial board members on or before January 31, 2023, with consent of the senate. The members must include:

(a) Seven members with significant expertise and experience in one or more of the following areas: Natural medicine therapy, medicine, and research; mycology and natural medicine cultivation; licensee qualifications; emergency medical services and services provided by first responders; mental and behavioral health care; health-care insurance and health-care policy; and public health, drug policy, and harm reduction; and

(b) Eight members with significant expertise and experience in one or more of the following areas: Religious use of natural medicines; issues confronting veterans; traditional tribal or Indigenous use of natural medicines; levels and disparities in access to health-care services among different communities; and past criminal justice reform efforts in Colorado. At least one of the eight members must have expertise or experience in traditional, tribal, or Indigenous use of natural medicines.

(3) The board includes the executive director of the department of revenue, or the executive director's designee, serving as a nonvoting member.

(4) (a) For the initial board, seven of the members are appointed to a term of two years and eight members are appointed to a term of four years as designated in the governor's appointment.

(b) At the expiration of the terms of the members of the initial board pursuant to subsection (2) of this section, the governor shall appoint members to the board, without consent of the senate. Each member appointed by the governor is appointed to a term of four years.

(c) Except for the executive director of the state licensing authority, or the executive director's designee, members of the board may serve up to two consecutive terms. Members are subject to removal for misconduct, incompetence, neglect of duty, or unprofessional conduct.

(5) The board shall make recommendations to the director and state licensing authority related to, but not limited to, the following areas:

(a) Accurate public health approaches regarding use, benefits, harms, and risk reduction for natural medicine and natural medicine product and the content and scope of educational campaigns related to natural medicine and natural medicine product;

(b) Research related to the efficacy and regulation of natural medicine and natural medicine product, including recommendations related to product safety, harm reduction, and cultural responsibility;

(c) The proper content of training programs, educational and experiential requirements, and qualifications for facilitators. When considering recommendations made pursuant to this subsection (5)(c), the board may consider:

(I) Tiered facilitator licensing, for the purpose of requiring varying levels of education and training dependent upon the type of participant that the facilitator will be providing services to and the type of services the facilitator will be providing;

(II) Limited waivers of education and training requirements based upon the applicant's prior experience, training, or skills, including, but not limited to, natural medicine or natural medicine product; and

(III) The removal of unreasonable financial or logistical barriers that make obtaining a facilitator license commercially unreasonable for individuals, including low-income individuals.

(d) Affordable, equitable, ethical, and culturally responsible access to natural medicine and natural medicine product and requirements to ensure this article 170 is equitable and inclusive. In performing this requirement, the board may consider making recommendations on ways to reduce the costs of licensure for low-income individuals, for providing incentives for the provision of natural medicine services at a reduced cost to individuals with low income, and for providing incentives for the provision of natural medicine services in geographic and culturally diverse regions of the state.

(e) Appropriate regulatory considerations for each type of natural medicine and the preparation session, administration session, and integration session;

(f) The addition of other types of natural medicine to this article 170 and article 50 of title 44 pursuant to section 12-170-104 (12)(b)(I), (12)(b)(II), or (12)(b)(III) based on available medical, psychological, and scientific studies, research, and other information related to the safety and efficacy of each natural medicine, and shall prioritize considering the addition of ibogaine pursuant to section 12-170-104 (12)(b)(II), to this article 170, and to article 50 of title 44;

(g) All rules to be promulgated by the director pursuant to this article 170 and the state licensing authority pursuant to article 50 of title 44; and

(h) Requirements for accurate and complete data collection, reporting, and publication of information related to the implementation of this article 170.

(6) The board shall, on an ongoing basis, review and evaluate existing and current research, studies, and real-world data related to natural medicine and make recommendations to the general assembly and other relevant state agencies as to whether natural medicine, natural medicine product, natural medicine services, and associated services should be covered under health first Colorado or other insurance programs as a cost-effective intervention for various mental health conditions, including, but not limited to, end-of-life distress, substance use disorder, alcohol use disorder, depressive disorders, neurological disorders, cluster headaches, and post-traumatic stress disorder.

(7) The board shall, on an ongoing basis, review and evaluate sustainability issues related to natural medicine and natural medicine product and the impact on tribal and Indigenous cultures and document existing reciprocity efforts and continuing support measures that are needed.

(8) The board shall publish an annual report describing its activities, including the recommendations and advice provided to the director, the state licensing authority, and the general assembly.

(9) The division shall provide reasonable requested technical, logistical, and other support to the board to assist the board with its duties and obligations.
C.R.S. § 12-10-614 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-614
12-10-614. Appraisal management companies - prohibited activities - grounds for disciplinar
Status: in_force

12-10-614. Appraisal management companies - prohibited activities - grounds for disciplinary actions - procedures - rules. (1) The board, upon its own motion, may, and upon a complaint submitted to the board in writing by any person, shall, investigate the activities of a licensed appraisal management company; an appraiser designated as a controlling appraiser by a partnership, limited liability company, or corporation acting as an appraisal management company; or a person or an entity that assumes to act in that capacity within the state. The board, upon finding a violation, may impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; censure a licensee; place the licensee on probation and set the terms of probation; or temporarily suspend or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts:

(a) Failing to:

(I) Exercise due diligence when hiring or engaging a real estate appraiser to ensure that the real estate appraiser is appropriately credentialed by the board and competent to perform the assignment; and

(II) In the case of an AMC, establish and comply with processes and controls reasonably designed to ensure that the AMC conducts its appraisal management services in accordance with the requirements of the federal "Truth in Lending Act", 15 U.S.C. sec. 1639e (a) to (i), and regulations adopted pursuant to that act;

(b) Requiring an appraiser to indemnify the appraisal management company against liability, damages, losses, or claims other than those arising out of the services performed by the appraiser, including performance or nonperformance of the appraiser's duties and obligations, whether as a result of negligence or willful misconduct;

(c) Influencing or attempting to influence the development, reporting, result, or review of a real estate appraisal or the engagement of an appraiser through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or in any other manner. This prohibition does not prohibit an appraisal management company from requesting an appraiser to:

(I) Consider additional, appropriate property information;

(II) Provide further detail, substantiation, or explanation for the appraiser's value conclusion; or

(III) Correct errors in the appraisal report.

(d) Prohibiting an appraiser, in the completion of an appraisal service, from communicating with the client, any intended users, real estate brokers, tenants, property owners, management companies, or any other entity that the appraiser reasonably believes has information pertinent to the completion of an appraisal assignment; except that this subsection (1)(d) does not apply to communications between an appraiser and an appraisal management company's client if the client has adopted an explicit policy prohibiting the communication. If the client has adopted an explicit policy prohibiting communication by the appraiser with the client, communication by an appraiser to the client must be made in writing and submitted to the appraisal management company.

(e) Altering or modifying a completed appraisal report without the authoring appraiser's knowledge and written consent, and the consent of the intended user, except to modify the format of the report solely for transmission to the client and in a manner acceptable to the client;

(f) Requiring an appraiser to provide to the appraisal management company access to the appraiser's electronic signature;

(g) Failing to validate or verify that the work completed by an appraiser who is hired or engaged by the appraisal management company complies with state and federal regulations, including the uniform standards of professional appraisal practice, by conducting an annual audit of a random sample of the appraisals received within the previous year by the appraisal management company. The board shall establish annual appraisal review requirements by rule and shall solicit and consider information and comments from interested persons.

(h) Failing to make payment to an appraiser within sixty days after completion of the appraisal, unless otherwise agreed or unless the appraiser has been notified in writing that a bona fide dispute exists regarding the performance or quality of the appraisal;

(i) Failing to perform the terms of a written agreement with an appraiser hired or engaged to complete an appraisal assignment;

(j) Failing to disclose to an appraiser, at the time of engagement, the identity of the client;

(k) Using an appraisal report for a client other than the one originally contracted with, without the original client's written consent;

(l) Failing to maintain possession of, for future use or inspection by the board, for a period of at least five years or at least two years after final disposition of any judicial proceeding in which a representative of the appraisal management company provided testimony related to the assignment, whichever period expires last, the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board;

(m) Having been convicted of, or entering a plea of guilty, an Alford plea, or a plea of nolo contendere to, any misdemeanor or felony relating to the conduct of an appraisal, theft, embezzlement, bribery, fraud, misrepresentation, or deceit, or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that a plea was entered is conclusive evidence of the conviction or plea in any hearing under this part 6.

(n) Having been the subject of an adverse or disciplinary action in another state, territory, or country relating to a license, registration, certification, or other authorization to practice as an appraisal management company. A disciplinary action relating to a registration, license, or certificate as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of a license by the board. This subsection (1)(n) applies only to violations based upon acts or omissions in the other state, territory, or country that would violate this part 6 if committed in Colorado.

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

(p) Procuring, or attempting to procure, an appraisal management company license or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, an appraisal management company license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for a license;

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

(r) Failing to disclose to a client the fee amount paid to the appraiser hired or engaged to complete the appraisal upon completion of the assignment; or

(s) Disregarding, violating, or abetting, directly or indirectly, a violation of this part 6, a rule promulgated by the board pursuant to this part 6, or an order of the board entered pursuant to this part 6.

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

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

(4) If a partnership, limited liability company, or corporation operating under the license of an appraiser designated and licensed as a controlling appraiser by the partnership, limited liability company, or corporation is guilty of any act listed in subsection (1) of this section, the board may suspend or revoke the right of the partnership, limited liability company, or corporation to conduct its business under the license of the controlling appraiser, whether or not the controlling appraiser had personal knowledge of the violation and whether or not the board suspends or revokes the individual license of the controlling appraiser.

(5) This part 6 does not relieve any person from civil liability or criminal prosecution under the laws of this state.

(6) A licensee or certified person having direct knowledge that a person or licensed partnership, limited liability company, or corporation has violated this part 6 shall report his or her knowledge to the board.

(7) The board, on its own motion or upon application, at any time after the imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to the action rests in the sole discretion of the board.
C.R.S. § 12-205-116 — CO Code / Title 12 / Article 205 / Section 12-205-116
12-205-116. Rule-making authority
Status: in_force

12-205-116. Rule-making authority. The director shall promulgate rules pursuant to section 12-20-204.
C.R.S. § 12-245-203.5 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-203.5
12-245-203.5. Minors - consent for outpatient psychotherapy services - immunity - definition
Status: repealed

12-245-203.5. Minors - consent for outpatient psychotherapy services - immunity - definition. (1) As used in this section, unless the context otherwise requires, "mental health professional" includes a professional person as defined in section 27-65-102 (27); a mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of this article 245; a licensed professional counselor candidate; a psychologist candidate; a clinical social worker candidate; a marriage and family therapist candidate; or an addiction counselor candidate.

(2) (a) Notwithstanding any other provision of law, a mental health professional may provide psychotherapy services, as defined in section 12-245-202 (14)(a), to a minor who is twelve years of age or older, without the consent of the minor's parent or legal guardian, if the mental health professional determines that:

(I) The minor is knowingly and voluntarily seeking such services; and

(II) The provision of psychotherapy services is clinically indicated and necessary to the minor's well-being.

(b) A minor may not refuse psychotherapy services when a mental health professional and the minor's parent or legal guardian agree psychotherapy services are in the best interest of the minor.

(3) If a minor voluntarily seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section:

(a) The mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, with the minor's consent, unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment;

(b) The mental health professional shall engage the minor in a discussion about the importance of involving and notifying the minor's parent or legal guardian and shall encourage such notification to help support the minor's care and treatment; and

(c) Notwithstanding the provisions of subsection (3)(a) of this section, a mental health professional may notify the minor's parent or legal guardian of the psychotherapy services given or needed, without the minor's consent, if, in the professional opinion of the mental health professional, the minor is unable to manage the minor's care or treatment.

(4) A mental health professional shall fully document when the mental health professional attempts to contact or notify the minor's parent or legal guardian and whether the attempt was successful or unsuccessful, or the reason why, in the mental health professional's opinion, it would be inappropriate to contact or notify the minor's parent or legal guardian. If a minor seeks psychotherapy services on the minor's own behalf pursuant to subsection (2)(a) of this section, documentation must be included in the minor's clinical record, along with a written statement signed by the minor indicating that the minor is voluntarily seeking psychotherapy services.

(5) Psychotherapy services must be provided in a culturally appropriate manner. Written and oral instruction, training of providers and staff, and the overall provision of services must be culturally appropriate and provided in a manner and format to support individuals with limited English proficiency or challenges with accessibility related to a disability and with respect for diverse backgrounds, including individuals with different cultural origins and individuals who are lesbian, gay, bisexual, or transgender.

(6) As used in this section, "psychotherapy services" does not include inpatient psychotherapy services.

(7) If a minor who is receiving psychotherapy services pursuant to this section communicates a serious threat of imminent physical violence against a specific person or persons, including a person who is identifiable by the person's association with a specific location or entity, the mental health professional is subject to the notification provisions of section 13-21-117 (2) and shall notify the minor's parent or legal guardian unless notifying the parent or legal guardian would be inappropriate or detrimental to the minor's care and treatment.

(8) Repealed.
C.R.S. § 12-240-114.5 — CO Code / Title 12 / Article 240 / Section 12-240-114.5
12-240-114.5. Physician assistants - collaboration requirements - proof of practice hours from
Status: in_force

12-240-114.5. Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Collaboration" means, as indicated by the patient's condition, community standards of care, and a physician assistant's education, training, and experience:

(I) Consultation between the physician assistant and a physician or physician group; or

(II) Referral by the physician assistant to a physician or, if the referral is to a physician practicing in a different practice area than the physician assistant, a physician's practice group.

(b) "Collaborative agreement" means a written agreement that describes the manner in which a physician assistant collaborates with a physician or a physician group.

(c) "Performance evaluation" means a document that includes domains of competency relevant to the practice of a physician assistant, uses more than one modality of assessment to evaluate the domains, and includes consideration of the physician assistant's education, training, experience, competency, and knowledge of the practice area in which the physician assistant is engaged.

(d) "Physician" means a physician licensed in good standing pursuant to this article 240 or article 290 of this title 12, including a physician in a physician group.

(2) (a) A physician assistant licensed pursuant to this article 240 shall enter into a collaborative agreement with a physician or a physician group. The physician entering into a collaborative agreement must be actively practicing in Colorado with a regular and reliable physical presence in Colorado. The collaborative agreement must include:

(I) The physician assistant's name, license number, and primary location of practice;

(II) The signature of the physician assistant and the physician or physician group with whom the physician assistant has entered into the collaborative agreement;

(III) A description of the physician assistant's process for collaboration, the degree of which must be based on the physician assistant's primary location and area of practice and may include:

(A) Decisions made by the physician or physician group with whom the physician assistant has entered into a collaborative agreement; and

(B) The credentialing or privileging requirements of the physician assistant's primary location of practice;

(IV) A description of the performance evaluation process, which may be completed by the physician assistant's employer in accordance with a performance evaluation and review process established by the employer; and

(V) Any additional requirements specific to the physician assistant's practice required by the physician entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration.

(b) (I) Except as provided in subsection (2)(b)(IV) of this section, for a physician assistant with fewer than five thousand practice hours, or a physician assistant changing practice areas with fewer than three thousand practice hours in the new practice area, the collaborative agreement is a supervisory agreement that must include the provisions described in subsections (2)(a)(III)(A), (2)(a)(III)(B), (2)(a)(IV), and (2)(a)(V) of this section and must also:

(A) Require that collaboration during the first one hundred sixty practice hours be completed in person or through technology, as permitted by the physician or physician group with whom the physician assistant has entered into the collaborative agreement;

(B) Incorporate elements defining the expected nature of collaboration, including: The physician assistant's expected area of practice; expectations regarding support and consultation from the physician or physician group with whom the physician assistant has entered into a collaborative agreement; methods and modes of communication and collaboration; and any other pertinent elements of collaborative, team-based practice applicable to the physician assistant's practice or established by the employer; and

(C) Require a performance evaluation and discussion of the performance evaluation with the physician assistant after the physician assistant has worked with the employer for six months, again after the physician assistant has worked with the employer for twelve months, and additional evaluation thereafter as determined by the physician or physician group with whom the physician assistant has entered into the collaborative agreement.

(II) The performance evaluation may be completed by the physician assistant's employer in accordance with the performance evaluation and review process established by the employer; except that the performance evaluation must be completed with at least the minimum frequency required in subsection (2)(b)(I)(C) of this section.

(III) Except as provided in subsection (2)(b)(IV) of this section, after a physician assistant has completed the number of practice hours required pursuant to this subsection (2), the additional collaborative agreement requirements described in this subsection (2)(b) no longer apply.

(IV) Notwithstanding the provisions of this subsection (2):

(A) For a physician assistant entering into a collaborative agreement with a physician or physician group in the emergency department of a hospital with a level I or level II trauma center, the collaborative agreement remains a supervisory agreement and continues indefinitely.

(B) For a physician assistant changing practice areas to practice in an emergency department of a hospital that is not a level I or level II trauma center, the supervising physician or physician group may increase the number of hours for which the collaborative agreement is a supervisory agreement pursuant to this subsection (2)(b).

(3) A physician assistant may provide the board with a signed affidavit outlining practice experience for the purposes of meeting the requirements described in subsection (2)(b) of this section, as applicable, if the physician assistant:

(a) Held an unencumbered license in another state or territory of the United States before becoming licensed in this state pursuant to section 12-240-113; or

(b) Was initially licensed in this state prior to August 7, 2023.
C.R.S. § 12-315-109 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-109
12-315-109. License by endorsement
Status: in_force

12-315-109. License by endorsement. The board may issue a license by endorsement to engage in the practice of veterinary medicine in this state to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-165-113 — CO Code / Title 12 / Article 165 / Section 12-165-113
12-165-113. Repeal of article - review of functions
Status: repealed

12-165-113. Repeal of article - review of functions. This article 165 is repealed, effective September 1, 2027. Before the repeal, this article 165 is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-215-101 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-101
12-215-101. Legislative declaration - unlawful acts - license required
Status: in_force

12-215-101. Legislative declaration - unlawful acts - license required. (1) It is hereby declared to be the policy of the general assembly of the state of Colorado that, in order to safeguard the life, health, and property and the public welfare of the people of this state and in order to protect the people of this state against unauthorized, unqualified, and improper practice of chiropractic, it is necessary that a proper regulatory authority be established and adequately provided for.

(2) It is unlawful for any person to practice or to offer to practice chiropractic in the state of Colorado, or to use in connection with his or her name or business or otherwise to assume, use, or advertise any title or description that will or that reasonably might be expected to mislead the public into believing he or she is a doctor of chiropractic, unless the person has been duly licensed under the provisions of this article 215. Anyone who holds himself or herself out to the public as a doctor of chiropractic without qualifying for proper licensing under this article 215 and without submitting to the regulations provided in this article 215 endangers the public life, health, property, and welfare.
C.R.S. § 12-30-103 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-103
12-30-103. Solicitation of accident victims - waiting period - definitions
Status: in_force

12-30-103. Solicitation of accident victims - waiting period - definitions. (1) Except as permitted by subsection (2) of this section, neither a health-care practitioner nor an agent of a health-care practitioner shall engage in solicitation for professional employment concerning a personal injury unless the incident for which employment is sought occurred more than thirty days before the solicitation.

(2) This section does not apply to any person providing emergency health care at the time of the incident or follow-up referrals to physicians from the emergency health-care providers.

(3) Any agreement made in violation of this section is voidable at the option of the individual suffering the personal injury or the individual's authorized representative.

(4) As used in this section:

(a) "Health-care practitioner" means:

(I) An acupuncturist licensed under article 200 of this title 12;

(II) An audiologist licensed under article 210 of this title 12;

(III) A chiropractor licensed under article 215 of this title 12;

(IV) A dentist, dental therapist, or dental hygienist licensed under article 220 of this title 12;

(V) A massage therapist licensed under article 235 of this title 12;

(VI) A physician, physician assistant, or anesthesiologist assistant licensed under article 240 of this title 12;

(VII) A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of article 245 of this title 12;

(VIII) A practical or professional nurse licensed under article 255 of this title 12;

(IX) A nursing home administrator licensed under article 265 of this title 12;

(X) An occupational therapist or occupational therapy assistant licensed under article 270 of this title 12;

(XI) An optometrist licensed under article 275 of this title 12;

(XII) A pharmacist licensed under article 280 of this title 12;

(XIII) A physical therapist or physical therapist assistant licensed under article 285 of this title 12;

(XIV) A podiatrist licensed under article 290 of this title 12;

(XV) A psychiatric technician licensed under article 295 of this title 12; or

(XVI) A respiratory therapist licensed under article 300 of this title 12.

(b) "Solicitation" means an initial contact initiated in person, through any form of electronic or written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless the contact is requested by the individual, a member of the individual's family, or the individual's authorized representative. "Solicitation" does not include radio, television, newspaper, or yellow pages advertisements.
C.R.S. § 12-285-131 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-131
12-285-131. Professional service corporations, limited liability companies, and registered l
Status: in_force

12-285-131. Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of physical therapy - definitions. (1) Physical therapists may form professional service corporations for the practice of physical therapy under the "Colorado Business Corporation Act", articles 101 to 117 of title 7, if the corporations are organized and operated in accordance with this section. The articles of incorporation of the corporations must contain provisions complying with the following requirements:

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

(b) The corporation must be organized solely for the purposes of conducting the practice of physical therapy only through persons licensed by the board to practice physical therapy.

(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) (I) Except as provided in subsection (1)(d)(II) of this section, all shareholders of the corporation must be persons licensed by the board to practice physical therapy and who at all times own their shares in their own right. With the exception of illness, accident, or time spent in the armed services, on vacations, or on leaves of absence not to exceed one year, the individuals must be actively engaged in the practice of physical therapy in the offices of the corporation.

(II) If a person licensed to practice physical therapy who was a shareholder of the corporation dies, an unlicensed heir to the deceased shareholder may become a shareholder of the corporation for up to two years. Unless the heir is the only shareholder of the corporation, the heir who becomes a shareholder is a nonvoting shareholder. If the heir of the deceased shareholder ceases to be a shareholder, the owner who received the stocks from the shareholder shall dispose of the shares in accordance with the provisions required by subsection (1)(e) of this section. An heir who is not licensed under this article 285 shall not exercise any authority over professional or clinical matters.

(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 such 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 must provide, and all shareholders of the corporation shall agree, that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation or that all shareholders of the corporation are jointly and severally liable for all acts, errors, and omissions of the employees of the corporation except when the shareholders maintain professional liability insurance that meets the standards of section 12-285-118 or when the corporation maintains professional liability insurance that meets the following minimum standards:

(I) The insurer 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 physical therapy.

(II) The policies must 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 policy must provide for an amount for each claim of at least one hundred thousand dollars multiplied by the number of persons licensed to practice physical therapy employed by the corporation. The policy must provide for an aggregate top limit of liability per year for all claims of three hundred thousand dollars also multiplied by the number of persons licensed to practice physical therapy employed by the corporation, but no firm is 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:

(A) A dishonest, fraudulent, criminal, or malicious act or omission of the insured corporation or any stockholder or employee thereof;

(B) The conduct of any business enterprise, not including the practice of physical therapy, in which the insured corporation under this section is not permitted to engage but that nevertheless may be owned by the insured corporation, 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

(V) 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 physical therapy and employed by the corporation, would constitute any ground for disciplinary action, as set forth in section 12-285-120. Any violation by the corporation of this section is grounds for the board to terminate or suspend its right to practice physical therapy.

(3) Nothing in this section diminishes or changes the obligation of each person licensed to practice physical therapy employed by the corporation to practice in accordance with the standards of professional conduct under this article 285 and rules adopted under this article 285. Physical therapists who by act or omission cause the corporation to act or fail to act in a way that violates the standards of professional conduct, including any provision of this section, are personally responsible for the violation and subject to discipline for the violation.

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

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

(b) The corporate practice of physical therapy does not include physical therapists employed by a certified or licensed hospital, licensed skilled nursing facility, certified home health agency, licensed hospice, certified comprehensive outpatient rehabilitation facility, certified rehabilitation agency, authorized health maintenance organization, accredited educational entity, organization providing care for the elderly under section 25.5-5-412, or other entity wholly owned and operated by a governmental unit or agency if:

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

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

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

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

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

(c) The provisions of subsection (5)(b) of this section shall apply to professional service corporations, limited liability companies, and registered limited liability partnerships formed for the practice of physical therapy in accordance with this section regardless of the date of formation of the entity.

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

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

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

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

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

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

(e) "President" includes all managers, if any, of a limited liability company and all partners in a registered limited liability partnership.

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

(g) "Shareholder" includes a member of a limited liability company and a partner in a registered limited liability partnership.
C.R.S. § 12-230-105 — CO Code / Title 12 / Article 230 / Part 1 / Section 12-230-105
12-230-105. Title protection - use of title
Status: in_force

12-230-105. Title protection - use of title. It is unlawful for any person to use the title "hearing aid provider" or "hearing aid dispenser" or any other title that implies the person is qualified as a hearing aid provider unless the person is licensed as a hearing aid provider pursuant to this article 230.
C.R.S. § 12-120-101 — CO Code / Title 12 / Article 120 / Part 1 / Section 12-120-101
12-120-101. Applicability of common provisions
Status: in_force

12-120-101. Applicability of common provisions. Articles 1 and 20 of this title 12 apply, according to their terms, to this article 120.
C.R.S. § 12-115-105 — CO Code / Title 12 / Article 115 / Section 12-115-105
12-115-105. Repeal of article - subject to review
Status: repealed

12-115-105. Repeal of article - subject to review. This article 115 is repealed, effective September 1, 2032. Before the repeal, the state electrical board, including provisions relating to qualified state institutions of higher education, is scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-250-120 — CO Code / Title 12 / Article 250 / Section 12-250-120
12-250-120. Inactive registration - rules
Status: in_force

12-250-120. Inactive registration - rules. A naturopathic doctor may request that the director inactivate or activate the naturopathic doctor's registration. The director shall promulgate rules governing the activation and inactivation of registrations. Notwithstanding any law to the contrary, the director's rules may limit the applicability of statutory requirements for maintaining professional liability insurance and continuing professional competency for a registrant whose registration is currently inactive. The director need not reactivate an inactive registration if the naturopathic doctor has committed any act that would be grounds for disciplinary action under section 12-250-113. A naturopathic doctor whose registration is currently inactive shall not practice naturopathic medicine.
C.R.S. § 12-255-110 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-110
12-255-110. Requirements for professional nurse licensure
Status: in_force

12-255-110. Requirements for professional nurse licensure. (1) The board shall issue a license to engage in the practice of professional nursing to any applicant who:

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

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

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

(d) Pays the required fee.

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

(3) (a) The board shall design a questionnaire to be sent to all licensees who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 1 or has been disciplined for any action that might be considered a violation of this part 1 or that might make the licensee unfit to practice nursing with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under section 12-255-120 (1)(v). The board may include the cost of developing and reviewing the questionnaire in the fee paid under subsection (1)(d) of this section. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.

(b) On and after July 1, 2024, as a condition of renewal of a license, each licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.
C.R.S. § 12-255-211 — CO Code / Title 12 / Article 255 / Part 2 / Section 12-255-211
12-255-211. Mental and physical competency of nurse aides
Status: in_force

12-255-211. Mental and physical competency of nurse aides. (1) If a certified nurse aide is determined by a court of competent jurisdiction to have a mental health disorder, the board shall automatically suspend the certified nurse aide's certification, and the suspension must continue until the certified nurse aide is determined by the court to be restored to competency; duly discharged as restored to competency; or otherwise determined to be competent in any other manner provided by law.

(2) (a) If the board has reasonable cause to believe that a certified nurse aide's physical or mental health has resulted in the nurse aide being unable to practice with reasonable skill or that the practice of the nurse aide is a threat to the safety of the nurse aide's patients, the board may require the nurse aide to submit to a mental or physical examination by a physician or other licensed health-care provider designated by the board.

(b) If a nurse aide fails to submit to a mental or physical examination, the board may suspend the nurse aide's certification until the required examination or examinations are conducted.

(3) Every person who applies to the board for certification as a nurse aide is deemed by virtue of the application to have consented to undergo a physical or mental examination at any time if the board so requests. Any request by the board to a nurse aide to submit to the examination shall be in writing and shall contain the basis upon which the board determined that reasonable cause to believe the condition specified in subsection (2)(a) of this section exists.

(4) A certified nurse aide who has been requested to submit to a physical or mental examination may provide the board with information concerning the nurse aide's physical or mental health from a physician of the nurse aide's own choice. The board may consider the information in conjunction with, but not in lieu of, testimony and information provided by the physician designated by the board to examine the nurse aide.

(5) The results of any mental or physical examination requested by the board pursuant to this section shall not be used as evidence in any proceeding except a proceeding conducted pursuant to this part 2. The results of the examination shall not be deemed to be public records and shall not be made available to the public.
C.R.S. § 12-10-201 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-201
12-10-201. Definitions
Status: in_force

12-10-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Commission" means the real estate commission created in section 12-10-206.

(2) "Employing real estate broker" or "employing broker" means a broker who is shown in commission records as employing or engaging another broker.

(3) "Limited liability company" shall have the same meaning as it is given in section 7-80-102 (7).

(4) "Option dealer" means any person, firm, partnership, limited liability company, association, or corporation that, directly or indirectly, takes, obtains, or uses an option to purchase, exchange, rent, or lease real property or any interest therein with the intent or for the purpose of buying, selling, exchanging, renting, or leasing the real property or interest therein to another or others, whether or not the option is in that person's or its name and whether or not title to said property passes through the name of the person, firm, partnership, limited liability company, association, or corporation in connection with the purchase, sale, exchange, rental, or lease of the real property or interest therein.

(5) "Partnership" includes, but is not limited to, a registered limited liability partnership.

(6) (a) "Real estate broker" or "broker" means any person, firm, partnership, limited liability company, association, or corporation that, in consideration of compensation by fee, commission, salary, or anything of value or with the intention of receiving or collecting such compensation, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct or by any single act or transaction, any of the following acts:

(I) Selling, exchanging, buying, renting, or leasing real estate, or interest therein, or improvements affixed thereon;

(II) Offering to sell, exchange, buy, rent, or lease real estate, or interest therein, or improvements affixed thereon;

(III) Selling or offering to sell or exchange an existing lease of real estate, or interest therein, or improvements affixed thereon;

(IV) Negotiating the purchase, sale, or exchange of real estate, or interest therein, or improvements affixed thereon;

(V) Listing, offering, attempting, or agreeing to list real estate, or interest therein, or improvements affixed thereon for sale, exchange, rent, or lease;

(VI) Auctioning or offering, attempting, or agreeing to auction real estate, or interest therein, or improvements affixed thereon;

(VII) Buying, selling, offering to buy or sell, or otherwise dealing in options on real estate, or interest therein, or improvements affixed thereon, or acting as an "option dealer";

(VIII) Performing any of the foregoing acts as an employee of, or on behalf of, the owner of real estate, or interest therein, or improvements affixed thereon at a salary or for a fee, commission, or other consideration;

(IX) Negotiating or attempting or offering to negotiate the listing, sale, purchase, exchange, or lease of a business or business opportunity or the goodwill thereof or any interest therein when the act or transaction involves, directly or indirectly, any change in the ownership or interest in real estate, or in a leasehold interest or estate, or in a business or business opportunity that owns an interest in real estate or in a leasehold unless the act is performed by any broker-dealer licensed under the provisions of article 51 of title 11 who is actually engaged generally in the business of offering, selling, purchasing, or trading in securities or any officer, partner, salesperson, employee, or other authorized representative or agent thereof; or

(X) Soliciting a fee or valuable consideration from a prospective tenant for furnishing information concerning the availability of real property, including apartment housing that may be leased or rented as a private dwelling, abode, or place of residence. Any person, firm, partnership, limited liability company, association, or corporation or any employee or authorized agent thereof engaged in the act of soliciting a fee or valuable consideration from any person other than a prospective tenant for furnishing information concerning the availability of real property, including apartment housing that may be leased or rented as a private dwelling, abode, or place of residence, is exempt from this definition of "real estate broker" or "broker". This exemption applies only in respect to the furnishing of information concerning the availability of real property.

(b) "Real estate broker" or "broker" does not apply to any of the following:

(I) Any attorney-in-fact acting without compensation under a power of attorney, duly executed by an owner of real estate, authorizing the consummation of a real estate transaction;

(II) Any public official in the conduct of his or her official duties;

(III) Any receiver, trustee, administrator, conservator, executor, or guardian acting under proper authorization;

(IV) Any person, firm, partnership, limited liability company, or association acting personally or a corporation acting through its officers or regularly salaried employees, on behalf of that person or on its own behalf as principal in acquiring or in negotiating to acquire any interest in real estate;

(V) An attorney-at-law in connection with his or her representation of clients in the practice of law;

(VI) Any person, firm, partnership, limited liability company, association, or corporation, or any employee or authorized agent thereof, engaged in the act of negotiating, acquiring, purchasing, assigning, exchanging, selling, leasing, or dealing in oil and gas or other mineral leases or interests therein or other severed mineral or royalty interests in real property, including easements, rights-of-way, permits, licenses, and any other interests in real property for or on behalf of a third party, for the purpose of, or facilities related to, intrastate and interstate pipelines for oil, gas, and other petroleum products, flow lines, gas gathering systems, and natural gas storage and distribution;

(VII) A natural person acting personally with respect to property owned or leased by that person or a natural person who is a general partner of a partnership, a manager of a limited liability company, or an owner of twenty percent or more of such partnership or limited liability company, and authorized to sell or lease property owned by the partnership or limited liability company, except as provided in subsection (4) of this section;

(VIII) A corporation with respect to property owned or leased by it, acting through its officers or regularly salaried employees, when the acts are incidental and necessary in the ordinary course of the corporation's business activities of a non-real-estate nature (but only if the corporation is not engaged in the business of land transactions), except as provided in subsection (4) of this section. For the purposes of this subsection (6)(b)(VIII), the term "officers or regularly salaried employees" means persons regularly employed who derive not less than seventy-five percent of their compensation from the corporation in the form of salaries.

(IX) A principal officer of any corporation with respect to property owned by it when the property is located within the state of Colorado and when the principal officer is the owner of twenty percent or more of the outstanding stock of the corporation, except as provided in subsection (4) of this section, but this exemption does not include any corporation selling previously occupied one-family and two-family dwellings;

(X) A sole proprietor, corporation, partnership, or limited liability company, acting through its officers, partners, or regularly salaried employees, with respect to property owned or leased by the sole proprietor, corporation, partnership, or limited liability company on which has been or will be erected a commercial, industrial, or residential building that has not been previously occupied and where the consideration paid for the property includes the cost of the building, payable, less deposit or down payment, at the time of conveyance of the property and building;

(XI) (A) A corporation, partnership, or limited liability company acting through its officers, partners, managers, or regularly salaried employees receiving no additional compensation therefor, or its wholly owned subsidiary or officers, partners, managers, or regularly salaried employees thereof receiving no additional compensation, with respect to property located in Colorado that is owned or leased by the corporation, partnership, or limited liability company and on which has been or will be erected a shopping center, office building, or industrial park when such shopping center, office building, or industrial park is sold, leased, or otherwise offered for sale or lease in the ordinary course of the business of the corporation, partnership, limited liability company, or wholly owned subsidiary.

(B) For the purposes of this subsection (6)(b)(XI): "Shopping center" means land on which buildings are or will be constructed that are used for commercial and office purposes around or adjacent to which off-street parking is provided; "office building" means a building used primarily for office purposes; and "industrial park" means land on which buildings are or will be constructed for warehouse, research, manufacturing, processing, or fabrication purposes.

(XII) A regularly salaried employee of an owner of an apartment building or complex who acts as an on-site manager of such an apartment building or complex. This exemption applies only in respect to the customary duties of an on-site manager performed for his or her employer.

(XIII) A regularly salaried employee of an owner of condominium units who acts as an on-site manager of such units. For purposes of this subsection (6)(b)(XIII) only, the term "owner" includes a homeowners' association formed and acting pursuant to its recorded condominium declaration and bylaws. This exemption applies only in respect to the customary duties of an on-site manager performed for his or her employer.

(XIV) A real estate broker licensed in another state who receives a share of a commission or finder's fee on a cooperative transaction from a licensed Colorado real estate broker;

(XV) A sole proprietor, corporation, partnership, or limited liability company, acting through its officers, partners, or regularly salaried employees, with respect to property located in Colorado, where the purchaser of the property is in the business of developing land for residential, commercial, or industrial purposes;

(XVI) Any person, firm, partnership, limited liability company, association, or corporation, or any employee or authorized agent thereof, engaged in the act of negotiating, purchasing, assigning, exchanging, selling, leasing, or acquiring rights-of-way, permits, licenses, and any other interests in real property for, or on behalf, of a third party for the purpose of, or facilities related to:

(A) Telecommunication lines;

(B) Wireless communication facilities;

(C) CATV;

(D) Electric generation, transmission, and distribution lines;

(E) Water diversion, collection, distribution, treatment, and storage or use; and

(F) Transportation, so long as the person, firm, partnership, limited liability company, association, or corporation, including any employee or authorized agent thereof, does not represent any displaced person or entity as an agent thereof in the purchase, sale, or exchange of real estate, or an interest therein, resulting from residential or commercial relocations required under any transportation project, regardless of the source of public funding.
C.R.S. § 12-310-108.5 — CO Code / Title 12 / Article 310 / Section 12-310-108.5
12-310-108.5. Confidential agreement to limit practice
Status: in_force

12-310-108.5. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 310.

(2) This section and section 12-30-108 do not apply to a registrant subject to discipline under section 12-310-106 (2)(c).
C.R.S. § 12-10-711 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-711
12-10-711. Powers and duties of the board - rules
Status: in_force

12-10-711. Powers and duties of the board - rules. (1) The board may deny an application for a license, refuse to renew, or revoke the license of an applicant or licensee who has:

(a) Filed an application with the board containing material misstatements of fact or omitted any disclosure required by this part 7;

(b) Within the last five years, been convicted of or pled guilty or nolo contendere to a crime involving fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, except as otherwise set forth in this part 7;

(c) Except as otherwise set forth in this part 7, within the last five years, had a license, registration, or certification issued by Colorado or another state revoked or suspended for fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and the discipline denied the person authorization to practice as:

(I) A mortgage broker or a mortgage loan originator;

(II) A real estate broker, as defined by section 12-10-201 (6);

(III) A real estate salesperson;

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

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

(VI) An attorney;

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

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

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

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

(d) Been enjoined within the immediately preceding five years under the laws of this or any other state or of the United States from engaging in deceptive conduct relating to the brokering of or originating a mortgage loan;

(e) Been found to have violated the provisions of section 12-10-721;

(f) Been found to have violated the provisions of section 12-10-713;

(g) Not demonstrated financial responsibility, character, and general fitness to command the confidence of the community and to warrant a determination that the individual will operate honestly, fairly, and efficiently, consistent with the purposes of this part 7;

(h) Not completed the prelicense education requirements set forth in section 12-10-704 and any applicable rules of the board; or

(i) Not passed a written examination that meets the requirements set forth in section 12-10-704 and any applicable rules of the board.

(2) The board shall deny an application for a license, refuse to renew, or revoke the license of an applicant or licensee who has:

(a) (I) Had a mortgage loan originator license or similar license revoked in any jurisdiction.

(II) If a revocation is subsequently formally nullified, the license is not revoked for purposes of this subsection (2)(a).

(b) (I) At any time been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering.

(II) If the individual obtains a pardon of the conviction, the board shall not deem the individual convicted for purposes of this subsection (2)(b).

(c) Been convicted of, or pled guilty or nolo contendere to, a felony within the immediately preceding seven years.

(3) The board may investigate the activities of a licensee or other person that present grounds for disciplinary action under this part 7 or that violate section 12-10-720 (1).

(4) (a) If the board has reasonable grounds to believe that a mortgage loan originator is no longer qualified under subsection (1) of this section, the board may summarily suspend the mortgage loan originator's license pending a hearing to revoke the license. A summary suspension shall conform to article 4 of title 24.

(b) The board shall suspend the license of a mortgage loan originator who fails to maintain the bond required by section 12-10-717 until the licensee complies with that section.

(5) The board or an administrative law judge appointed pursuant to part 10 of article 30 of title 24 shall conduct disciplinary hearings concerning mortgage loan originators and mortgage companies. The hearings shall conform to article 4 of title 24.

(6) (a) Except as provided in subsection (6)(b) of this section, an individual whose license has been revoked shall not be eligible for licensure for two years after the effective date of the revocation.

(b) If the board or an administrative law judge determines that an application contained a misstatement of fact or omitted a required disclosure due to an unintentional error, the board shall allow the applicant to correct the application. Upon receipt of the corrected and completed application, the board or administrative law judge shall not bar the applicant from being licensed on the basis of the unintentional misstatement or omission.

(7) (a) The board or an administrative law judge may administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing or investigation conducted by the board or an administrative law judge. The board may request any information relevant to the investigation, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681a (p).

(b) Upon failure of a witness to comply with a subpoena or process, the district court of the county in which the subpoenaed witness resides or conducts business may issue an order requiring the witness to appear before the board or administrative law judge; produce the relevant papers, books, records, documentary evidence, testimony, or materials in question; or both. Failure to obey the order of the court may be punished as a contempt of court. The board or an administrative law judge may apply for an order.

(c) The licensee or individual who, after an investigation under this part 7, is found to be in violation of a provision of this part 7 shall be responsible for paying all reasonable and necessary costs of the division arising from subpoenas or requests issued pursuant to this subsection (7), including court costs for an action brought pursuant to subsection (7)(b) of this section.

(8) (a) If the board has reasonable cause to believe that an individual is violating this part 7, including but not limited to section 12-10-720 (1), the board may enter an order requiring the individual to cease and desist the violations.

(b) The board, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any individual who assumes to act in such capacity within the state. In addition to any other penalty that may be imposed pursuant to this part 7, any individual violating any provision of this part 7 or any rules promulgated pursuant to this article 10 may be fined upon a finding of misconduct by the board as follows:

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

(II) In a second or subsequent administrative proceeding, a fine not less than one thousand dollars nor in excess of two thousand dollars per act or occurrence.

(c) All fines collected pursuant to this subsection (8) shall be transferred to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215.

(9) The board shall keep records of the individuals licensed as mortgage loan originators and of disciplinary proceedings. The records kept by the board shall be open to public inspection in a reasonable time and manner determined by the board.

(10) The board shall maintain a system, which may include, without limitation, a hotline or website, that gives consumers a reasonably easy method for making complaints about a mortgage loan originator.

(11) The board shall promulgate rules to allow licensed mortgage loan originators to hire unlicensed mortgage loan originators under temporary licenses. If an unlicensed mortgage loan originator has initiated the application process for a license, he or she shall be assigned a temporary license for a reasonable period until a license is approved or denied. The licensed mortgage loan originator who employs an unlicensed mortgage loan originator shall be held responsible under all applicable provisions of law, including without limitation this part 7 and section 38-40-105, for the actions of the unlicensed mortgage loan originator to whom a temporary license has been assigned under this subsection (11).
C.R.S. § 12-280-120 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-120
12-280-120. Compounding - dispensing - sale of drugs and devices - rules - definition
Status: repealed

12-280-120. Compounding - dispensing - sale of drugs and devices - rules - definition. (1) Except as otherwise provided in this section or part 2 of article 80 of title 27, no drug, controlled substance, or device shall be sold, compounded, dispensed, given, received, or held in possession unless it is sold, compounded, dispensed, given, or received in accordance with this section.

(2) Except as provided in subsection (7) of this section, a manufacturer of drugs may sell or give any drug to:

(a) Any wholesaler of drugs;

(b) A licensed hospital;

(c) An other outlet;

(d) A registered prescription drug outlet; or

(e) Any practitioner authorized by law to prescribe the drugs.

(3) (a) A wholesaler may sell or give any drug or device to:

(I) Another wholesaler of drugs or devices;

(II) Any licensed hospital;

(III) A registered prescription drug outlet;

(IV) An other outlet; or

(V) Any practitioner authorized by law to prescribe the drugs or devices.

(b) A wholesaler may sell or deliver to a person responsible for the control of an animal a drug intended for veterinary use for that animal only if a licensed veterinarian has issued, prior to the sale or delivery, a written prescription order for the drug in the course of an existing, valid veterinarian-client-patient relationship as defined in section 12-315-104 (19); except that, if the prescription order is for a drug that is not a controlled substance or is a controlled substance listed on schedule III, IV, or V, the licensed veterinarian may issue an oral prescription order for that drug. If the licensed veterinarian issues an oral prescription order for a controlled substance listed on schedule III, IV, or V, the licensed veterinarian shall provide a written prescription to the wholesaler within three business days after issuing the oral order.

(4) Only a registered prescription drug outlet or other outlet registered pursuant to section 12-280-119 (1)(d) may compound or dispense a prescription. Initial interpretation and final evaluation, as defined by the board, may be conducted at a location other than a registered prescription drug outlet or other outlet registered pursuant to this article 280 in accordance with rules adopted by the board.

(5) (a) A registered prescription drug outlet or other outlet may:

(I) Make a casual sale of a drug in the manufacturer's sealed container to another registered outlet;

(II) Make a casual sale of a drug in the manufacturer's sealed container to a practitioner authorized by law to prescribe the drug;

(III) Supply an emergency kit or starter dose, as defined by the board by rule, to:

(A) Any facility approved by the board for receipt of an emergency kit;

(B) Any home health agency licensed by the department of public health and environment and approved by the board for receipt of an emergency kit;

(C) Any licensed hospice approved by the board for receipt of an emergency kit in compliance with subsection (12) of this section; and

(D) Any acute treatment unit licensed by the department of public health and environment and approved by the board for receipt of an emergency kit.

(b) Repealed.

(c) Pursuant to section 17-1-113.1, the department of corrections may transfer, deliver, or distribute to a corporation, individual, or other entity entitled to possess prescription drugs, other than a consumer, prescription drugs in an amount that is less than, equal to, or in excess of five percent of the total number of dosage units of drugs dispensed and distributed on an annual basis.

(6) (a) A practitioner may personally compound and dispense for any patient under the practitioner's care any drug that the practitioner is authorized to prescribe and that the practitioner deems desirable or necessary in the treatment of any condition being treated by the practitioner, and the practitioner is exempt from all provisions of this article 280 except section 12-280-129.

(b) (I) A prescription drug outlet located in this state may compound and distribute drugs for veterinary use pursuant to section 12-280-121, but the amount of drugs the prescription drug outlet may compound and distribute for veterinary use must not exceed ten percent of the total number of drug dosage units dispensed and distributed on an annual basis by the outlet.

(II) As used in this subsection (6)(b), a "prescription drug outlet" includes a nonresident pharmacy outlet registered or licensed pursuant to this article 280 where prescriptions are compounded and dispensed, but only if the nonresident pharmacy outlet has provided the board with a copy of the most recent inspection of the nonresident pharmacy outlet by the agency that regulates pharmaceuticals in the state of residence and a copy of the most recent inspection received from a board-approved third-party entity that inspects pharmacy outlets, for which third-party inspection the nonresident pharmacy outlet shall obtain and pay for on an annual basis, and the board approves the inspection reports as satisfactorily demonstrating proof of compliance with the board's own inspection procedure and standards.

(c) Nothing in this section prohibits an optometrist licensed pursuant to article 275 of this title 12 or a physician licensed pursuant to article 240 of this title 12 from charging a fee for prescribing, adjusting, fitting, adapting, or dispensing drugs for ophthalmic purposes and ophthalmic devices, such as contact lenses, that are classified by the FDA as a drug or device, as long as the activity is within the scope of practice of the optometrist pursuant to article 275 of this title 12 or the scope of practice of the physician pursuant to article 240 of this title 12.

(7) Distribution of any sample may be made only upon written receipt from a practitioner, and the receipt must be given specifically for each drug or drug strength received.

(8) It is lawful for the vendor of any drug or device to repurchase the drug or device from the vendee to correct an error, to retire an outdated article, or for other good reason, under rules the board may adopt to protect consumers of drugs and devices against the possibility of obtaining unsafe or contaminated drugs or devices.

(9) A duly authorized agent or employee of an outlet registered by the board is not deemed to be in possession of a drug or device in violation of this section if he or she is in possession of the drug or device for the sole purpose of carrying out the authority granted by this section to his or her principal or employer.

(10) (a) (I) Any hospital employee or agent authorized by law to administer or dispense medications may dispense a seventy-two-hour supply of drugs on the specific order of a practitioner to a registered emergency room patient.

(II) Notwithstanding subsection (10)(a)(I) of this section, if the hospital employee or agent described in subsection (10)(a)(I) of this section is treating a registered emergency room patient for sexual assault, the hospital employee or agent may, in accordance with the guidelines of the federal centers for disease control and prevention, dispense between a seven-day and twenty-eight-day supply of drugs for prophylaxis of sexually transmitted infections to the patient.

(b) A hospital may dispense a prescription drug pursuant to a chart order for a hospitalized patient for use by the patient during a temporary leave from the hospital of less than seventy-two hours if the prescription drug:

(I) Is labeled in accordance with section 12-280-124 (1) and (2);

(II) Is administered by an authorized person;

(III) Is dispensed pursuant to a current, active order; and

(IV) Is limited to a seventy-two-hour supply or, if the temporary leave is for less than twenty-four hours, the quantity the patient requires during the temporary leave.

(11) The original, duplicate, or electronic or mechanical facsimile of a chart order by the physician or lawfully designated agent constitutes a valid authorization to a pharmacist or pharmacy intern to dispense to a hospitalized patient for administration the amounts of the drugs as will enable an authorized person to administer to the patient the drug ordered by the practitioner. The practitioner is responsible for verifying the accuracy of any chart order he or she transmitted to anyone other than a pharmacist or intern within forty-eight hours of the transmittal.

(12) Any facility approved by the board, any home health agency certified by the department of public health and environment and approved by the board, and any licensed hospice approved by the board may maintain emergency drugs provided and owned by a prescription drug outlet, consisting of drugs and quantities as established by the board.

(13) An intern under the direct and immediate supervision of a pharmacist may engage in the practice of pharmacy. An intern, as defined in section 12-280-103 (22)(a), engaged in the practice of pharmacy within the curriculum of a school or college of pharmacy in accordance with section 12-280-103 (22)(a), may be supervised by a manufacturer registered pursuant to section 12-280-114 or by another regulated individual as provided for in rules adopted by the board.

(14) A manufacturer or wholesaler of prescription drugs shall not sell or give any prescription drug, as provided in subsections (2) and (3) of this section, to a licensed hospital or registered outlet or to any practitioner unless the prescription drug stock container bears a label containing the name and place of business of the manufacturer of the finished dosage form of the drug and, if different from the manufacturer, the name and place of business of the packer or distributor.

(15) (a) Repealed.

(b) The following may distribute prepackaged medications, without limitation, to pharmacies and other outlets under common ownership of the entity:

(I) A prescription drug outlet owned and operated by a hospital that is accredited by the Joint Commission or a successor organization;

(II) A prescription drug outlet operated by a health maintenance organization, as defined in section 10-16-102; and

(III) The Colorado department of corrections.

(c) (I) A prescription drug outlet shall not compound drugs that are commercially available except as provided in subsection (15)(c)(II) of this section.

(II) A pharmacist may compound a commercially available drug if the compounded drug is significantly different from the commercially available drug or if use of the compounded drug is in the best medical interest of the patient, based upon the practitioner's drug order, including the removal of a dye that causes an allergic reaction. If the pharmacist compounds a drug in lieu of a commercially available product, the pharmacist shall notify the patient of that fact.

(16) A prescription drug outlet may allow a licensed pharmacist to remove immunizations and vaccines from the prescription drug outlet for the purpose of administration by a licensed pharmacist, or an intern under the supervision of a pharmacist certified in immunization, pursuant to rules promulgated by the board. The board shall promulgate rules regarding the storage, transportation, and record keeping of immunizations and vaccines that are administered off site.

(17) (a) An animal shelter or animal control agency that is registered with the board pursuant to section 12-280-119 (12) is authorized to:

(I) Purchase, possess, and administer sodium pentobarbital, or sodium pentobarbital in combination with other prescription drugs that are medically recognized for euthanasia, to euthanize injured, sick, homeless, or unwanted pets and animals;

(II) Purchase, possess, and administer drugs commonly used for the chemical capture of animals for control purposes or to sedate or immobilize pet animals immediately prior to euthanasia; and

(III) Purchase and possess vaccines and administer vaccines in accordance with applicable laws.

(b) An animal shelter or animal control agency registered pursuant to section 12-280-119 (12) shall not permit a person to administer scheduled controlled substances, sodium pentobarbital, or sodium pentobarbital in combination with other noncontrolled prescription drugs that are medically recognized for euthanasia unless the person has demonstrated adequate knowledge of the potential hazards and proper techniques to be used in administering the drug or combination of drugs.

(18) Persons registered as required under this part 1, or otherwise licensed or registered as required by federal law, may possess, manufacture, distribute, dispense, or administer controlled substances only to the extent authorized by their registrations or federal registrations or licenses and in conformity with this article 280 and with article 18 of title 18.
C.R.S. § 12-290-111 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-111
12-290-111. Prescriptions - requirement to advise patients - limits on prescriptions
Status: in_force

12-290-111. Prescriptions - requirement to advise patients - limits on prescriptions. (1) A podiatrist licensed under this article 290 may advise the podiatrist's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.

(2) A podiatrist's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the podiatrist's professional license issued under this article 290. Failure to advise a patient pursuant to subsection (1) of this section shall not be grounds for any civil action against a podiatrist in a negligence or tort action, nor shall the failure be evidence in any civil action against a podiatrist.

(3) A podiatrist is subject to the limitations on prescriptions specified in section 12-30-109.
C.R.S. § 12-220-506 — CO Code / Title 12 / Article 220 / Part 5 / Section 12-220-506
12-220-506. Application of silver diamine fluoride by dental hygienists - authorization - li
Status: repealed

12-220-506. Application of silver diamine fluoride by dental hygienists - authorization - limitations - rules - subject to review - repeal. (Repealed)
C.R.S. § 12-305-115.5 — CO Code / Title 12 / Article 305 / Section 12-305-115.5
12-305-115.5. Interstate compact - powers and duties of the director - rules - definitions
Status: in_force

12-305-115.5. Interstate compact - powers and duties of the director - rules - definitions. (1) As used in this section:

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

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

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

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

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

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

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

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

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

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

(e) To notify the commission of any adverse action regarding a speech-language pathologist;

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

(g) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
C.R.S. § 12-255-119 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-119
12-255-119. Disciplinary procedures of the board - inquiry and hearings panels - mental and
Status: in_force

12-255-119. Disciplinary procedures of the board - inquiry and hearings panels - mental and physical examinations - definitions - rules. (1) (a) The president of the board shall divide the other members of the board into two panels of five members each. Members representing the different categories of membership (licensed practical nurses, professional nurses, certified midwives, and persons not licensed, employed, or in any way connected with, or with any financial interest in, any health-care facility, agency, or insurer) shall be divided between the two panels as equally as possible.

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

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

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

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

(3) (a) (I) As used in this section:

(A) "Grounds for discipline" includes grounds under sections 12-255-120 and 12-295-111.

(B) "License" includes licensure for a practical nurse or professional nurse, licensure for a certified midwife, and licensure for a psychiatric technician.

(C) "Nurse", "licensee", or "respondent" includes a practical nurse, a professional nurse, a certified midwife, and a psychiatric technician as described in section 12-295-103 (4).

(D) "Practice of nursing" includes the practice of practical nursing, the practice of professional nursing, and the practice as a psychiatric technician.

(II) Written complaints relating to the conduct of a nurse licensed or authorized to practice nursing in this state or relating to the conduct of a certified midwife licensed or authorized to practice as a certified midwife in this state may be made by any person or may be initiated by an inquiry panel of the board on its own motion. Unless the board determines the complaint to be without merit of investigation, the board shall give notice of the complaint to the nurse or certified midwife complained of, by first-class mail, and shall state in the notice the nature of the complaint and that the failure to respond in a materially factual and timely manner constitutes grounds for discipline. The nurse or certified midwife complained of shall be given thirty days to answer or explain in writing the matters described in the complaint. Upon receipt of the nurse's or certified midwife's answer or at the conclusion of thirty days, whichever occurs first, the inquiry panel may take further action as set forth in subsection (3)(a)(III) of this section.

(III) Upon receipt of the nurse's or certified midwife's answer or the conclusion of thirty days, the inquiry panel may conduct a further investigation that may be made by one or more members of the inquiry panel; in the case of a complaint against a nurse, one or more nurses who are not members of the board; in the case of a complaint against a certified midwife, one or more certified midwives or certified nurse midwives who are not members of the board; a member of the staff of the board; a professional investigator; or any other person or organization as the inquiry panel directs. The investigation must be entirely informal.

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

(I) Disciplinary action taken by an employer of a nurse or certified midwife against the nurse or certified midwife or resignation in lieu of a disciplinary action for conduct that constitutes grounds for discipline under section 12-255-120 or 12-295-111. The employer shall report the disciplinary action or resignation to the board.

(II) An instance of a malpractice settlement or judgment against a nurse or certified midwife;

(III) A nurse or certified midwife who has not timely renewed the nurse's or certified midwife's license and the nurse or certified midwife is actively engaged in the practice of nursing or as a certified midwife.

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

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

(II) There is no reasonable cause to warrant further action on the complaint;

(III) An instance of conduct occurred that does not warrant formal action by the board and that should be dismissed, but that indications of possible conduct by the nurse or certified midwife were noted that could lead to serious consequences if not corrected. In such a case, the board shall send a confidential letter of concern in accordance with section 12-20-404 (5) to the nurse or certified midwife against whom the complaint was made.

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

(V) Facts were disclosed that warrant further proceedings by formal complaint, as provided in subsection (4) of this section, and that the complaint should be referred to the attorney general for preparation and filing of a formal complaint.

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

(b) Except as provided in subsection (1) of this section, an administrative law judge shall preside at the hearing and shall advise the hearings panel on all legal matters in connection with the hearing as the panel may request. The administrative law judge shall provide such advice or assistance as the hearings panel may request in connection with the preparation of its findings and recommendations or conclusions. The administrative law judge may act in accordance with section 12-20-403 and perform other duties as the hearings panel may authorize the administrative law judge to perform. The administrative law judge shall have the qualifications provided in section 24-30-1003 (2).

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

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

(III) If the hearings panel finds the charges proven and orders that discipline be imposed, it shall also determine the extent of the discipline, which may be in the form of a letter of admonition regarding a license or suspension for a definite or indefinite period, revocation, or nonrenewal of a license to practice. In addition to any other discipline that may be imposed pursuant to this section, the hearings panel may impose a fine of no less than two hundred fifty dollars but no more than one thousand dollars per violation on any nurse or certified midwife who violates this part 1 or any rule adopted pursuant to this part 1. The board shall adopt rules establishing a fine structure and the circumstances under which fines may be imposed.

(IV) In determining appropriate disciplinary action, the hearings panel shall first consider sanctions that are necessary to protect the public. Only after the panel has considered such sanctions shall it consider and order requirements designed to rehabilitate the nurse or certified midwife. If discipline other than revocation of a license to practice is imposed, the hearings panel may also order that the nurse or certified midwife be granted probation and allowed to continue to practice during the period of the probation. The hearings panel may also include in any disciplinary order that allows the nurse or certified midwife to continue to practice such conditions as the panel may deem appropriate to assure that the nurse or certified midwife is physically, mentally, and otherwise qualified to practice nursing or as a certified midwife in accordance with generally accepted standards of practice, including any of the following:

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

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

(C) The review or supervision of the respondent's practice of nursing or as a certified midwife as may be necessary to determine the quality of the respondent's practice of nursing or as a certified midwife and to correct deficiencies in the respondent's practice; or

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

(V) Upon the failure of the respondent to comply with any conditions imposed by the hearings panel pursuant to subsection (4)(c)(IV) of this section, the hearings panel may order revocation or suspension of the respondent's license to practice in this state until the respondent complies with the conditions.

(VI) In making any of the orders provided in subsections (4)(c)(IV) and (4)(c)(V) of this section, the hearings panel may take into consideration the respondent's prior disciplinary record. If the hearings panel does take into consideration any prior discipline of the respondent, its findings and recommendations shall so indicate.

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

(d) The attorney general shall prosecute those charges that have been referred to the office of the attorney general by the inquiry panel pursuant to subsection (3)(c)(V) of this section. The board may direct the attorney general to perfect an appeal.

(e) The two-year waiting period specified in section 12-20-404 (3) applies to any person whose license to practice nursing, practice as a certified midwife, or practice any other health-care occupation is revoked by any other legally qualified board.

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

(6) Upon the expiration of any term of suspension, the license shall be reinstated by the board if the board is furnished with evidence that the nurse or certified midwife has complied with all terms of the suspension. If the evidence shows the nurse or certified midwife has not complied with all terms of the suspension, the board may revoke or continue the suspension of the license at a hearing, notice of which and the procedure at which shall be as provided in this section.

(7) In case any nurse or certified midwife is determined to be mentally incompetent or insane by a court of competent jurisdiction and a court enters, pursuant to part 3 or 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the nurse or certified midwife is incapable of continuing the practice of nursing or as a certified midwife, the board shall automatically suspend the nurse's or certified midwife's license, and, notwithstanding any provision of this part 1 to the contrary, the suspension must continue until the nurse or certified midwife is found by the court to be competent to continue the practice of nursing or the practice as a certified midwife, as applicable.

(8) (a) If the board has reasonable cause to believe that a nurse is unable to practice nursing, or a certified midwife is unable to practice as a certified midwife, with reasonable skill and safety to patients because of a condition described in section 12-255-120 (1)(i) or (1)(j) or section 12-295-111 (1)(i) or (1)(j), the board may require the nurse or certified midwife to submit to mental or physical examinations by a physician or other licensed health-care professional designated by the board. If a nurse or certified midwife fails to submit to the mental or physical examinations, the board may suspend the nurse's or certified midwife's license until the required examinations are conducted.

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

(II) Nothing in this section prevents a nurse or certified midwife from submitting to the board testimony or examination reports of a physician or other licensed health-care professional designated by the nurse or certified midwife to a condition described in subsection (8)(a) of this section that may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician or licensed health-care professional designated by the board.

(c) The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than before the board and shall not be deemed a public record nor made available to the public.

(d) The board may require that a nurse or certified midwife submit medical records for review in conjunction with an examination made pursuant to subsection (8)(a) of this section; except that the records remain confidential, and the board may review the records only to the extent necessary to conduct an investigation.

(9) (a) Investigations, examinations, hearings, meetings, or any other proceedings of the board conducted pursuant to the provisions of this section shall be exempt from the open meetings provisions of the "Colorado Sunshine Act of 1972", part 4 of article 6 of title 24, requiring that proceedings of the board be conducted publicly, and the open records provisions of article 72 of title 24, requiring that the minutes or records of the board with respect to action of the board taken pursuant to the provisions of this section be open to public inspection.

(b) Notwithstanding the exemptions in subsection (9)(a) of this section, records of disciplinary action taken by the board pursuant to this section shall be open to public inspection pursuant to the open records provisions of article 72 of title 24.

(10) A physician or other licensed health-care professional who, at the request of the board, examines a nurse or certified midwife is immune from suit for damages by the nurse or certified midwife examined if the examining physician or examining licensed health-care professional conducted the examination and made findings or a diagnosis in good faith.

(11) All actions taken and decisions rendered by the board prior to July 1, 1999, are hereby ratified.

(12) Final board action may be judicially reviewed in accordance with section 12-20-408. Judicial proceedings for the enforcement of a board order may be instituted in accordance with section 24-4-106.

(13) Upon certification of the custodian that copies of records subpoenaed pursuant to section 12-20-403 (2) are true and complete except for the patient's name, the copies shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. No privilege of confidentiality shall exist with respect to the copies, and no liability shall lie against the board or the custodian or the custodian's authorized employee for furnishing or using the copies in accordance with this subsection (13).

(14) 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. § 12-100-114 — CO Code / Title 12 / Article 100 / Section 12-100-114
12-100-114. Partnerships, professional corporations, and limited liability companies compose
Status: in_force

12-100-114. Partnerships, professional corporations, and limited liability companies composed of certified public accountants - registration - rules - definitions. (1) Except as provided in section 12-100-117 (2), a partnership, professional corporation, or limited liability company engaged in this state in the practice of public accounting as certified public accountants shall register with the board as a partnership, professional corporation, or limited liability company of certified public accountants and must meet the following requirements; and, as used in this article 100, "partnership" includes a registered limited partnership, limited liability partnership, limited liability limited partnership, foreign limited partnership, foreign limited liability partnership, and foreign limited liability limited partnership:

(a) At least one partner, shareholder, or member who shall also be a director or manager thereof must be a certified public accountant or registered firm of this state in good standing.

(b) A simple majority of the ownership of a certified public accounting firm doing business as a public accounting firm in Colorado, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, shall be licensed certified public accountants in good standing in this state or another state.

(c) Any other partner, shareholder, or member thereof may, but need not, be a certified public accountant of some state, in good standing, or a registered firm in this state who at all times owns the person's partnership interest, corporate share, or membership interest in the person's own right.

(d) Each resident manager in charge of an office of the partnership, professional corporation, or limited liability company in this state must be a certified public accountant of this state in good standing.

(2) (a) (I) Application for registration shall be made upon the affidavit of a partner of the partnership, of a shareholder of the professional corporation, or of a member of the limited liability company who is a certified public accountant of this state in good standing and shall provide:

(A) The names and addresses of the persons who are practicing public accounting for the partnership, professional corporation, or limited liability company;

(B) The names and addresses of the persons who are not certified public accountants, but who are partners of a partnership, shareholders of a professional corporation, or members of a limited liability company;

(C) Disclosure of all of the states in which the partnership, professional corporation, or limited liability company is licensed, registered, or permitted to practice. The application shall also disclose all of the states in which licensure, registration, or permission to practice has been denied, suspended, or revoked.

(D) Any other information the board may reasonably request; and

(E) A registration fee, the amount of which shall be set by the board, to cover the board's administrative costs.

(II) Each member of the partnership, professional corporation, or limited liability company may receive a copy of the application.

(III) The partner, shareholder, or member designated by the firm shall notify the board in writing within thirty days after any change in the partnership, professional corporation, or limited liability company, including:

(A) Identities and numbers of partners, shareholders, members, managers, or officers; and

(B) Location of places of business of the partnership, professional corporation, or limited liability company.

(IV) The board may suspend or revoke the registration of or impose any other discipline the board sees fit to administer to a partnership, professional corporation, or limited liability company that fails to notify the board of any changes outlined in subsection (2)(a)(III) of this section.

(b) The board shall in each case determine whether the applicant is eligible for registration.

(3) Each firm registration issued pursuant to this article 100 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A firm whose registration has expired shall be subject to the penalties provided in this article 100 or section 12-20-202 (1).

(4) As used in subsection (5) of this section, "employee" includes a member of a limited liability company and a partner in a limited partnership, limited liability partnership, or limited liability limited partnership or foreign limited partnership, limited liability partnership, or limited liability limited partnership.

(5) The corporation must be in compliance with the "Colorado Business Corporation Act", articles 101 to 117 of title 7, and, to the extent applicable under section 7-117-103, with the "Colorado Corporation Code", articles 1 to 10 of title 7, as those articles existed prior to their repeal on July 1, 1994. The limited liability company must be in compliance with the "Colorado Limited Liability Company Act", article 80 of title 7. The organizing documents of any partnership, the articles of incorporation of any corporation, or the articles of organization of any limited liability company shall contain provisions complying with the following requirements:

(a) The partnership, corporation, or limited liability company shall be organized solely for the purpose of practicing accountancy and other activities as may from time to time be specifically found by the board to be activities suitable and proper to be performed by certified public accountants only through or under the supervision of at least one person who holds a certificate to practice public accounting as a certified public accountant.

(b) Each partner who is personally engaged within this state in the practice of public accounting shall be a certified public accountant of this state in good standing, and each partner not personally engaged within this state in the practice of public accounting may, but need not, be a certified public accountant of some state in good standing. The president of any such corporation shall be a shareholder and a director, and one or more of the directors shall be certified public accountants of this state in good standing. The manager or managers of any such limited liability company shall be a member or members and one or more of the managers shall be certified public accountants of this state in good standing. Lay directors and officers and managers shall not exercise any authority whatsoever over professional matters.

(c) All partners, shareholders of the corporation, or members of the limited liability company shall be jointly and severally liable for all acts, errors, and omissions of the employees of the partnership, corporation, or limited liability company except during periods of time when the partnership, corporation, or limited liability company maintains in good standing professional liability insurance, or designated or segregated money in lieu of the professional liability insurance, that meets the standards set forth in subsections (5)(c)(I) to (5)(c)(V) of this section:

(I) The insurance shall insure the partnership, corporation, or limited liability company against liability imposed upon the partnership, corporation, or limited liability company by law for damages resulting from any claim made against the partnership, corporation, or limited liability company arising out of acts, errors, and omissions committed in the performance of professional services for others by those employees of the partnership, corporation, or limited liability company who hold certificates to practice public accounting as certified public accountants.

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

(III) The insurance shall be in an amount for each claim of at least fifty thousand dollars multiplied by the number of certified public accountants employed by or members of the partnership, corporation, or limited liability company within this state, and 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 certified public accountants employed by or members of the partnership, corporation, or limited liability company within this state; except that 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 one million dollars and except that the board, in the public interest, may adopt rules increasing the minimum amounts of insurance coverage required by this subsection (5). A policy of insurance obtained in accordance with this subsection (5)(c)(III) may be issued on a claims-made or occurrence basis.

(IV) (A) The policy may provide that it does not apply to: Any dishonest, fraudulent, criminal, or malicious act or omission of the insured partnership, corporation, or limited liability company or any partner, stockholder, member, or employee thereof; the conduct of any business enterprise in which the insured partnership, corporation, or limited liability company under this article 100 is not permitted to engage but which nevertheless may be owned by the insured partnership, corporation, or limited liability company or in which the insured partnership, corporation, or limited liability company may be a partner or which may be controlled, operated, or managed by the insured partnership, corporation, or limited liability company in its own or in a fiduciary capacity including the ownership, maintenance, or use of any property in connection therewith; and 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.

(B) The policy may be of a type reasonably available in the commercial insurance market and may contain reasonable provisions with respect to policy periods, territory, claims, conditions, exclusions, and other usual matters.

(C) The policy may provide for a deductible, or self-insured retained amount, and may provide for the payment of defense or other costs out of the stated limits of the policy, in either or both cases, all partners, shareholders of the corporation, or members of the limited liability company shall be jointly and severally liable for all acts, errors, and omissions of the employees of the partnership, corporation, or limited liability company to the extent of the amount of the deductible or retained self-insurance, and the amount, if any, by which the payment of defense costs reduces the insurance remaining available for the payment of claims below the minimum limit of insurance required by this subsection (5)(c).

(V) A partnership, corporation, or limited liability company may maintain, in lieu of the insurance specified in subsection (5)(c)(III) of this section, money specifically designated and segregated as security for the payment of liabilities imposed by law against the partnership, corporation, or limited liability company, or its partners, shareholders, or members, arising out of claims of the type specified in subsections (5)(c)(I) and (5)(c)(II) of this section, in the amount of at least fifty thousand dollars multiplied by the number of certified public accountants employed by or members of the partnership, corporation, or limited liability company within this state; except that the amount is not required to exceed one million dollars and except that the board, in the public interest, may adopt rules increasing the minimum amount of designated and segregated money required by this subsection (5)(c)(V). The partnership, corporation, or limited liability company remains in compliance with this section notwithstanding amounts paid from the designated or segregated money in any one calendar year in settling or discharging the claims, so long as the amount of the designated and segregated money is increased to at least the minimum required amount as of the first business day of the next calendar year. A partnership, corporation, or limited liability company is in compliance with this subsection (5)(c)(V) if it maintains money in the required amount in trust or in bank escrow in the form of cash, bank certificates of deposit, or United States treasury obligations, or maintains in effect bank unconditional, irrevocable letters of credit in the required amount or insurance or surety company bonds in the required amount. The money or equivalency shall be maintained in or issued by a qualified United States financial institution as defined by section 10-1-102 (17).

(d) A partnership name shall be ended by words or abbreviations permitted pursuant to the law under which the partnership is organized. The corporate name shall be ended by the word "Corporation" or "Incorporated" or by the words "Professional Corporation" or by the abbreviations "Corp.", "Inc.", or "P.C." The name of any limited liability company shall be ended by the words "Limited Liability Company" or the abbreviation "LLC" or the word limited may be abbreviated as "Ltd.", and the word company may be abbreviated as "Co." An assumed or trade name may be used if it is not misleading and clearly indicates that the firm is engaged in providing accounting services.

(6) No limited liability company, limited liability partnership, limited partnership, or limited liability limited partnership, or foreign limited partnership, limited liability partnership, or limited liability limited partnership engaged in the practice of public accounting in this state and in one or more other jurisdictions shall be required to include a provision in its articles of organization or organizing documents as otherwise required by subsection (5) of this section, but shall be subject, with respect to the practice of public accounting within this state, to the requirements of subsections (5)(a) to (5)(d) of this section.

(7) The board shall not renew the registration of a firm that issues attest or compilation reports unless the registered partnership, professional corporation, or limited liability company has undergone a peer review conducted according to rules promulgated by the board that meet the standards for performing and reporting on a peer review of the American Institute of Certified Public Accountants or an equivalent standard.

(8) The partnership, corporation, or limited liability company may exercise the powers and privileges conferred upon partnerships, corporations, and limited liability companies by the laws of Colorado in furtherance of and subject to its partnership, corporate, or limited liability company purposes and may invest its funds in a manner not incompatible with the practice of public accounting as certified public accountants. Any stock purchased by the corporation, or membership interest purchased by the limited liability company or partnership interest purchased by the partnership, may be made out of capital as well as surplus without regard to the impairment of the partnership capital, corporation capital, or limited liability company capital.

(9) The partnership, corporation, or limited liability company shall do nothing in this state that, if done by a person who holds a certificate as a certified public accountant within this state and employed by it, would violate the provisions of this article 100. Any violation by the partnership, corporation, or limited liability company of this article 100 shall be grounds for the board, in accordance with section 12-20-404, to deny, revoke, suspend, or refuse to renew the registration, or the board may fine, issue a confidential letter of concern to, issue a letter of admonition to, or place on probation the registrant.

(10) Nothing in this section shall diminish or change the obligation of each person who holds a certificate of certified public accountant employed by the partnership, corporation, or limited liability company within this state to conduct the person's practice in accordance with the provisions of this article 100. Any person who holds a certificate to practice public accounting as a certified public accountant who, by act or omission, causes the partnership, corporation, or limited liability company to act or fail to act in a way that violates this article 100 is personally responsible for the act or omission and subject to discipline therefor.

(11) Foreign partnerships, corporations, limited partnerships, limited liability limited partnerships, or limited liability companies may engage in the practice of public accounting in this state as certified public accountants so long as their organizing documents, articles of incorporation, or articles of organization provide that the partnership, corporation, limited partnership, limited liability limited partnership, or limited liability company is organized solely for the purpose of practicing accountancy and such other activities as may from time to time be specifically found by the board to be activities suitable and proper to be performed by certified public accountants and comply with and meet the requirements of subsection (5) of this section.

(12) Except as provided in this section, partnerships, professional corporations, and limited liability companies shall not practice public accounting as certified public accountants.

(13) Nothing in this section shall modify the accountant-client privilege specified in section 13-90-107 (1)(f).

(14) When any law of this state or any rule of any agency or other authority established under the constitution or laws of this state requires or authorizes any audit, financial report, or statement to be made, approved, or certified by a certified public accountant, the audit, report, or statement may be made, approved, or certified by a partnership, professional corporation, or limited liability company registered in this state.
C.R.S. § 12-240-112 — CO Code / Title 12 / Article 240 / Section 12-240-112
12-240-112. Anesthesiologist assistant license - qualifications
Status: in_force

12-240-112. Anesthesiologist assistant license - qualifications. (1) To be licensed as an anesthesiologist assistant under this article 240, an applicant must be at least twenty-one years of age and must have:

(a) Successfully completed an education program for anesthesiologist assistants that conforms to standards delineated by the Commission on Accreditation of Allied Health Education Programs, or its successor organization, and approved by the board;

(b) Successfully completed the national certifying examination for anesthesiologist assistants that is administered by the National Commission for Certification of Anesthesiologist Assistants or a successor organization; and

(c) Submitted an application to the board in the manner designated by the board and paid the appropriate fee established by the board pursuant to section 12-20-105.

(2) A person applying for a license to practice as an anesthesiologist assistant in this state shall notify the board, in connection with his or her application for licensure, of the commission of any act that would be grounds for disciplinary action against a licensed anesthesiologist assistant under section 12-240-121, along with an explanation of the circumstances of the act. The board may deny licensure to any applicant as set forth in section 12-240-120.

(3) A person licensed to practice as an anesthesiologist assistant shall not perform any act that constitutes the practice of medicine within a hospital or ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25 or required to obtain a certificate of compliance pursuant to section 25-1.5-103 (1)(a)(II), unless the licensed anesthesiologist assistant obtains authorization from the governing board of the hospital or ambulatory surgical center. The governing board of a hospital or ambulatory surgical center may grant, deny, or limit a licensed anesthesiologist assistant's authorization based on the governing board's established procedures.

(4) The board may take any disciplinary action with respect to an anesthesiologist assistant license as it may with respect to the license of a physician, in accordance with section 12-240-125.

(5) The board shall license and keep a record of anesthesiologist assistants who have been licensed pursuant to this section. A licensed anesthesiologist assistant shall renew his or her license in accordance with section 12-240-130.
C.R.S. § 12-280-303 — CO Code / Title 12 / Article 280 / Part 3 / Section 12-280-303
12-280-303. Wholesaler registration requirements - rules
Status: in_force

12-280-303. Wholesaler registration requirements - rules. (1) A wholesaler that resides in this state must register with the board before engaging in the wholesale distribution of prescription drugs in this state. A wholesaler that does not reside in this state must be registered in this state prior to engaging in the wholesale distribution of prescription drugs in this state.

(2) (a) The board may adopt rules to approve an accreditation body to evaluate a wholesaler's operations to determine compliance with professional standards and any other applicable laws and to perform inspections of each facility and location where the wholesaler conducts wholesale distribution operations.

(b) An applicant for a registration shall pay any fee required by the accreditation body or the board and comply with any rules promulgated by the board.

(c) The board shall not issue or renew a registration to a wholesaler who does not comply with this part 3.

(3) (a) An applicant for a wholesaler registration shall provide to the board the following information, and any other information deemed appropriate by the board, on a form provided by the board:

(I) The name, full business address, and telephone number of the applicant;

(II) The trade and business names used by the applicant;

(III) The addresses, telephone numbers, and names of the contact persons for all facilities used by the applicant for the storage, handling, and distribution of prescription drugs;

(IV) The type of ownership or operation of the applicant;

(V) The names of the owner and the operator of the applicant, including:

(A) The name of each partner if the applicant is a partnership;

(B) The name and title of each officer and director, the name of the corporation, and the state of incorporation, if the applicant is a corporation;

(C) The name of the limited liability company, if the applicant is a limited liability company, and the name of the parent company, if any, and the state of incorporation or formation of both; or

(D) The name of the sole proprietor and the business entity if the applicant is a sole proprietorship;

(VI) A list of the licenses, registrations, or permits issued to the applicant by any other state that authorizes the applicant to purchase or possess prescription drugs; and

(VII) The name of the applicant's designated representative for the facility, the fingerprints of the designated representative, and a personal information statement for the designated representative that includes information as required by the board, including but not limited to the information in subsection (5) of this section.

(b) A registrant shall complete and return a form approved by the board at each renewal period. The board may suspend or revoke the registration of a wholesaler if the board determines that the wholesaler no longer qualifies for a registration.

(4) Prior to issuing a wholesaler registration to an applicant, the board, the regulatory oversight body from another state, or a board-approved accreditation body may conduct a physical inspection of the facility at the business address provided by the applicant. Nothing in this subsection (4) precludes the board from inspecting a wholesaler.

(5) The designated representative of an applicant for a wholesaler registration shall:

(a) Be at least twenty-one years of age;

(b) Have at least three years of full-time employment history with a pharmacy or a wholesaler in a capacity related to the dispensing and distribution of and the record keeping related to prescription drugs;

(c) Be employed by the applicant in a full-time managerial position;

(d) Be actively involved in and aware of the actual daily operation of the wholesaler;

(e) Be physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including, but not limited to, sick leave and vacation leave;

(f) Serve in the capacity of a designated representative for only one applicant or wholesaler at a time, except where more than one registered wholesaler is co-located in the same facility and the wholesalers are members of an affiliated group as defined by section 1504 of the federal "Internal Revenue Code of 1986", as amended;

(g) Not have any convictions under federal, state, or local law relating to wholesale or retail prescription drug distribution or a controlled substance, as defined in section 18-18-102 (5);

(h) Not have any felony convictions pursuant to federal, state, or local law; and

(i) Update all of the information required in this part 3 whenever changes occur.

(6) A wholesaler shall obtain a registration for each facility it uses for the distribution of prescription drugs.
C.R.S. § 12-130-104 — CO Code / Title 12 / Article 130 / Section 12-130-104
12-130-104. Definitions
Status: in_force

12-130-104. Definitions. As used in this article 130, unless the context otherwise requires:

(1) "Board" means the state board of landscape architects, created in section 12-130-106.

(2) "Habit-forming drug" means a drug or medicine required to be labeled under section 25-5-415 or the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., as a habit-forming drug.

(3) "Infrastructure" means elements of the public domain that support developments such as roads, streets, parks, plazas, and other places that are not privately owned and managed.

(4) "Landscape architect" means a person who engages in the practice of landscape architecture.

(5) "Plan" means to prepare layouts and schemes for land areas, infrastructure systems, facilities, or objects and includes technical documentation.

(6) (a) "Practice of landscape architecture" means:

(I) The application of landscape architectural higher education, training, and experience as well as required mathematical, physical, and social science skills to consult, evaluate, plan, and design projects and improvements principally directed at the functional and aesthetic uses of land;

(II) Collaboration with architects and engineers during the design of public infrastructure projects such as roads, bridges, buildings, and other structures, concerning the functional and aesthetic requirements of the area and project site; or

(III) Assistance in the preparation and administration of construction documents, contracts, and contract offers related to site landscape improvements.

(b) "Practice of landscape architecture" does not include acts exempted by section 12-130-117.

(7) "Substantial gift" means a gift, donation, or other consideration sufficient to influence a person to act in a specific manner. The term does not include a gift of nominal value such as reasonable entertainment or hospitality or an employer's reward to an employee for work performed.

(8) "Supervision" means the actions taken by a landscape architect in directing, personally reviewing, correcting, or approving the work performed by an employee or subcontractor of the landscape architect.
C.R.S. § 12-245-406 — CO Code / Title 12 / Article 245 / Part 4 / Section 12-245-406
12-245-406. Scope of part
Status: in_force

12-245-406. Scope of part. (1) The practice of social work includes, but is not limited to, the following professional services: Assessment; differential diagnosis; treatment planning and evaluation; measurement of psychosocial functioning; crisis intervention; outreach; short- and long-term treatment; psychotherapy; therapeutic intervention; client education; case management; mediation; advocacy; discharge, referral, and continuity of care planning; consultation; supervision; research; administration; education; social group work; community organization; and social policy analysis and development. Social work practice also may encompass other current or developing modalities and techniques that are consistent with this scope.

(2) A person may not state that he or she is engaged in the practice of social work as a social worker, or refer to himself or herself as a social worker, unless the person is licensed pursuant to this part 4 or has completed an earned social work degree, as specified in section 12-245-401 (9). A person may not practice as a clinical social worker unless licensed pursuant to section 12-245-404 (2) or licensed to practice social work and supervised pursuant to section 12-245-404 (1) or (2).

(3) No person may supervise the practice of social work for the purpose of licensure compliance or disciplinary proceedings unless approved by the board pursuant to section 12-245-404.

(4) Nothing in this part 4 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice so long as they do not represent themselves to be social workers or their services as social work.

(5) Nothing in this part 4 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.
C.R.S. § 12-290-112 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-112
12-290-112. Licensure by endorsement
Status: in_force

12-290-112. Licensure by endorsement. The board may issue a license by endorsement to engage in the practice of podiatry in this state to any applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-10-618 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-618
12-10-618. Injunctive proceedings
Status: in_force

12-10-618. Injunctive proceedings. (1) The board may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction to perpetually enjoin a person or appraisal management company from committing an act prohibited by this part 6.

(2) Injunctive proceedings under this section are in addition to and not in lieu of penalties and other remedies provided in this part 6.

(3) When seeking an injunction under this section, the board is not required to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from a continued violation.
C.R.S. § 12-250-105 — CO Code / Title 12 / Article 250 / Section 12-250-105
12-250-105. Director powers and duties - rules
Status: in_force

12-250-105. Director powers and duties - rules. (1) In addition to any other powers and duties granted or imposed on the director under this article 250 or articles 20 and 30 of this title 12, the director shall:

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

(b) Establish the form and manner in which applicants are to apply for a new registration or to renew a registration;

(c) Receive, review, and approve or deny applications for registrations and issue and renew registrations under this article 250;

(d) Conduct investigations, hold hearings, take evidence, and pursue disciplinary actions pursuant to sections 12-20-403, 12-20-404, and 12-250-113 with respect to complaints against naturopathic doctors when the director has reasonable cause to believe that a naturopathic doctor is violating this article 250 or rules adopted pursuant to this article 250.

(e) Perform other functions and duties necessary to administer this article 250.
C.R.S. § 12-10-708 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-708
12-10-708. License renewal
Status: in_force

12-10-708. License renewal. (1) In order for a licensed mortgage loan originator to renew a license issued pursuant to this part 7, the mortgage loan originator shall:

(a) Continue to meet the minimum standards for issuance of a license pursuant to this part 7;

(b) Satisfy the annual continuing education requirements set forth in section 12-10-704 (10) and in rules adopted by the board; and

(c) Pay applicable license renewal fees.

(2) If a licensed mortgage loan originator fails to satisfy the requirements of subsection (1) of this section for license renewal, the mortgage loan originator's license shall expire. The board shall adopt rules to establish procedures for the reinstatement of an expired license consistent with the standards established by the nationwide mortgage licensing system and registry.
C.R.S. § 12-15-101 — CO Code / Title 12 / Article 15 / Section 12-15-101
12-15-101. Legislative declaration
Status: in_force

12-15-101. Legislative declaration. (1) The general assembly finds, determines, and declares that:

(a) Colorado's conservation easement program is an important preservation tool used to balance economic needs with natural resources such as land and water preservation. Colorado's conservation easement tax credit and the federal tax deduction have allowed many farmers and ranchers the opportunity to donate their development rights to preserve a legacy of open spaces in Colorado for wildlife, agriculture, and ranching.

(b) Citizens throughout Colorado believe good, sound conservation practices are important to Colorado's quality of life, agriculture, and natural heritage;

(c) Colorado's conservation easement tax credit program was designed to give landowners an incentive to conserve and preserve their land in a predominantly natural, scenic, or open condition;

(d) Creating a division of conservation within the department of regulatory agencies will keep a firewall between professional evaluation and professional discipline, while creating a division to ensure this program allows landowners to exercise their private property rights while protecting taxpayers from the fraud and abuse that existed in the program prior to 2009;

(e) Establishing the division of conservation to administer the conservation easement tax credit program will:

(I) Allow the division to continue to certify conservation easement holders to identify fraudulent or unqualified organizations and prevent them from holding conservation easements for which tax credits are claimed in the state;

(II) Allow the conservation easement oversight commission to advise the division and the department of revenue regarding conservation easements for which a tax credit is claimed and to review applications for conservation easement holder certification;

(III) Ensure that the division and the department of revenue are sharing relevant information concerning conservation easement appraisals in order to ensure compliance with accepted appraisal practices and other provisions of law; and

(IV) Ensure that the fees paid by taxpayers are adequate to pay for the administrative costs of the division and the conservation easement oversight commission in administering the requirements of this article 15, but not so high as to act as a disincentive to the creation of conservation easements in the state.
C.R.S. § 12-230-302 — CO Code / Title 12 / Article 230 / Part 3 / Section 12-230-302
12-230-302. Disciplinary actions
Status: in_force

12-230-302. Disciplinary actions. (1) If the director determines that an applicant or licensee has committed any of the acts specified in section 12-230-401, the director may:

(a) Issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4);

(b) Place a licensee on probation pursuant to section 12-20-404 (1)(b);

(c) Impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; or

(d) Take disciplinary action as authorized in section 12-20-404 (1)(d).

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

(3) The director shall not enforce any provisions of this article 230 or rules promulgated pursuant to this article 230 that are held unconstitutional, invalid, or inconsistent with federal laws or regulations, including regulations promulgated by the United States food and drug administration.
C.R.S. § 12-145-114 — CO Code / Title 12 / Article 145 / Section 12-145-114
12-145-114. Advisory committee
Status: in_force

12-145-114. Advisory committee. The director shall appoint an advisory committee to make recommendations concerning outfitters, which committee shall serve at the request and pleasure of the director. The members of the advisory committee shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties under this article 145.
C.R.S. § 12-10-403.5 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-403.5
12-10-403.5. Broker engagement contracts - residential premises - prohibited terms - definiti
Status: in_force

12-10-403.5. Broker engagement contracts - residential premises - prohibited terms - definition. (1) As used in this section, unless the context otherwise requires, "broker engagement contract" means a written contract in which a seller, buyer, landlord, or tenant of a residential premises becomes the client of a broker or agrees to retain the services of a broker in the future and promises to pay the broker a valuable consideration or agrees that the broker may receive a valuable consideration from another person in exchange for the broker:

(a) Producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the residential premises; or

(b) Performing other services.

(2) A broker engagement contract must not:

(a) Purport to be a covenant running with the land or to be binding on future owners of interests in the real property;

(b) Allow for assignment of the right to provide service without notice and agreement of the owner of the residential premises; or

(c) Purport to create a recordable lien, encumbrance, or other real property security interest. Any such lien, encumbrance, or other real property security interest is void and unenforceable.

(3) A person who offers to a consumer a broker engagement contract that includes a provision in violation of subsection (2) of this section commits an unfair or deceptive trade practice, as provided in section 6-1-105 (1)(uuu).

(4) This section does not apply to:

(a) A home warranty service contract, as defined in section 12-10-901 (2)(a);

(b) A building warranty or similar product that covers the cost of maintenance of a major housing or building system, such as a plumbing or an electrical system, for a specific period of time after the date on which a house or building is sold;

(c) An insurance contract;

(d) An option to purchase, a put requirement to purchase, a right of first offer, or a right of refusal;

(e) A declaration created in the formation of a common interest community, as defined in section 38-33.3-103 (8), or an amendment to the declaration;

(f) A maintenance or repair agreement entered into by a unit owners' association, as defined in section 38-33.3-103 (3);

(g) A loan or a commitment to make or receive a loan, which loan or commitment is secured by real estate;

(h) A security agreement under the "Uniform Commercial Code" relating to the sale or rental of personal property or fixtures;

(i) Water, sewer, electrical, telephone, cable, or other regulated utility service providers; or

(j) A property management agreement by which the owner of real property contracts with a party to provide management services for the maintenance, ownership, operation, or lease of a residential premises.
C.R.S. § 12-285-112 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-112
12-285-112. Licensure by endorsement
Status: in_force

12-285-112. Licensure by endorsement. An applicant may obtain licensure by endorsement if the applicant satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-135-502 — CO Code / Title 12 / Article 135 / Part 5 / Section 12-135-502
12-135-502. Criminal history record checks
Status: in_force

12-135-502. Criminal history record checks. (1) An applicant for a license issued pursuant to this part 5 shall submit to a fingerprint-based criminal history record check. The applicant must pay the costs associated with the fingerprint-based criminal history record check.

(2) After submitting an application for a license, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant must authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(3) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days.

(4) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the director, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(5) The Colorado bureau of investigation shall return the results of its fingerprint-based criminal history record check to the director, and the director is authorized to receive the results of the federal bureau of investigation's criminal history record check. The director shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license pursuant to this part 5.

(6) (a) When the federal bureau of investigation is unable to complete a fingerprint-based criminal history record check of an applicant, the Colorado bureau of investigation shall inform the director, and the director may conduct a criminal history record check of the person using the Colorado bureau of investigation's records as a substitute for the fingerprint-based criminal history record check required in this section.

(b) When the results of a criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
C.R.S. § 12-10-604 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-604
12-10-604. Powers and duties of the board - rules
Status: repealed

12-10-604. Powers and duties of the board - rules. (1) In addition to all other powers and duties imposed upon it by law, the board has the following powers and duties:

(a) (I) To promulgate and amend, as necessary, rules pursuant to article 4 of title 24 for the implementation and administration of this part 6 and as required to comply with the federal "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351, and with any requirements imposed by amendments to that federal law.

(II) The board shall not establish any requirements that are more stringent than the requirements of any applicable federal law.

(III) Licensed ad valorem appraisers are not regulated by the federal "Real Estate Appraisal Reform Amendments", Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", as amended, 12 U.S.C. secs. 3331 to 3351, but the board shall adopt rules regarding minimum qualifications and standards of practice for licensed ad valorem appraisers.

(IV) In any list or registry it maintains, the board shall identify or separately account for any appraisal management company that oversees a panel of more than fifteen certified or licensed appraisers in Colorado, or twenty-five or more certified or licensed appraisers in all states in which it does business, within a given year.

(b) To charge application, examination, and license and certificate renewal fees established pursuant to section 12-10-215 from all applicants for licensure, certification, examination, and renewal under this part 6. The board shall not refund any fees received from applicants seeking licensure, certification, examination, or renewal.

(c) Through the department and subject to appropriations made to the department, to employ administrative law judges, appointed pursuant to part 10 of article 30 of title 24, on a full-time or part-time basis to conduct any hearings required by this part 6;

(d) To issue, deny, or refuse to renew a license or certificate pursuant to this part 6;

(e) To take disciplinary actions in conformity with this part 6;

(f) To delegate to the director the administration and enforcement of this part 6 and the authority to act on behalf of the board on occasions and in circumstances that the board directs;

(g) (I) To develop, purchase, or contract for any examination required for the administration of this part 6, to offer each examination at least twice a year or, if demand warrants, at more frequent intervals, and to establish a passing score for each examination that reflects a minimum level of competency.

(II) If study materials are developed by a testing company or other entity, the board shall make the materials available to persons desiring to take examinations pursuant to this part 6. The board may charge fees for the materials to defray any costs associated with making the materials available.

(h) In compliance with article 4 of title 24, to make investigations; subpoena persons and documents, which subpoenas may be enforced by a court of competent jurisdiction if not obeyed; hold hearings; and take evidence in all matters relating to the exercise of the board's power under this part 6;

(i) Pursuant to section 1119 (b) of Title XI of the federal "Financial Institutions Reform, Recovery, and Enforcement Act of 1989", Pub.L. 101-73, as amended, to apply, if necessary, for a federal waiver of the requirement relating to certification or licensing of a person to perform appraisals and to make the necessary written determinations specified in that section for purposes of making the application; and

(j) If the board has reasonable cause to believe that a person, partnership, limited liability company, or corporation is violating this part 6, to enter an order requiring the individual or appraisal management company to cease and desist the violation.

(k) Repealed.

(2) The board shall maintain or preserve, for seven years, licensing history records of a person licensed or certified under this part 6. Complaints of record in the office of the board and board investigations, including board investigative files, are closed to public inspection. Stipulations and final agency orders are public record and are subject to sections 24-72-203 and 24-72-204.