C.R.S. § 12-120-211 — CO Code / Title 12 / Article 120 / Part 2 / Section 12-120-211
12-120-211. Qualifications for engineer-interns
Status: repealed

12-120-211. Qualifications for engineer-interns. (1) Repealed.

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

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

(I) Have graduated from a board-approved engineering or engineering technology curriculum of four or more years; or

(II) Have senior status in a board-approved engineering or engineering technology curriculum of four or more years.

(c) Upon passing the examination and the submission of official transcripts verifying graduation or impending graduation, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210.

(3) (a) An applicant may qualify for enrollment as an engineer-intern by graduation, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b) and possesses a total of six years of progressive engineering experience, of which educational study may be a part.

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

(I) Have graduated from an engineering curriculum of four or more years not approved by the board or from a related science curriculum of four or more years; and

(II) Have four years of progressive engineering experience, of which educational study may be a part.

(c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210.

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

(b) In order to be admitted to the examination pursuant to subsection (4)(a) of this section, the applicant must:

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

(II) Have six years of progressive engineering experience, of which educational study may be a part.

(c) Upon passing the examination and the submission of evidence of experience satisfactory to the board, the applicant shall be enrolled as an engineer-intern if the applicant is otherwise qualified pursuant to section 12-120-210.
C.R.S. § 12-285-111 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-111
12-285-111. Provisional license - fee
Status: in_force

12-285-111. Provisional license - fee. (1) The board may issue a provisional license to practice as a physical therapist to a person who:

(a) Submits an application and pays a fee as determined by the director; and

(b) Successfully completes a physical therapy program that meets the educational requirements in section 12-285-110 (1)(a).

(2) A person who holds a provisional license may only practice under the supervision of a physical therapist actively licensed in this state.

(3) A provisional license issued pursuant to this section expires no later than one hundred twenty days after the date it was issued. A provisional license may only be issued one time and is not subject to section 12-285-114.
C.R.S. § 12-10-221 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-221
12-10-221. Broker remuneration
Status: in_force

12-10-221. Broker remuneration. It is unlawful for a real estate broker registered in the commission office as in the employ of another broker to accept a commission or valuable consideration for the performance of any of the acts specified in this part 2 from any person except the broker's employer, who shall be a licensed real estate broker.
C.R.S. § 12-220-308 — CO Code / Title 12 / Article 220 / Part 3 / Section 12-220-308
12-220-308. Continuing education requirements - rules
Status: in_force

12-220-308. Continuing education requirements - rules. (1) As a condition of renewing, reactivating, or reinstating a license issued under this article 220, every dentist, dental therapist, and dental hygienist must obtain at least thirty hours of continuing education every two years to ensure patient safety and professional competency.

(2) The board may adopt rules establishing the basic requirements for continuing education, including the types of programs that qualify, exemptions for persons holding an inactive or retired license, requirements for courses designed to enhance clinical skills for certain licenses, and the manner by which dentists, dental therapists, and dental hygienists are to report compliance with the continuing education requirements.
C.R.S. § 12-170-104 — CO Code / Title 12 / Article 170 / Section 12-170-104
12-170-104. Definitions
Status: in_force

12-170-104. Definitions. As used in this article 170, unless the context otherwise requires:

(1) "Administration session" means a session conducted at a healing center, or another location as allowed by this article 170 and article 50 of title 44, during which a participant consumes and experiences the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator.

(2) "Board" means the natural medicine advisory board created in section 12-170-106.

(3) "Director" means the director of the division or the director's designee.

(4) "Division" means the division of professions and occupations created in the department pursuant to section 12-20-103.

(5) "Facilitation" means the performance and supervision of natural medicine services for a participant.

(6) "Facilitator" means an individual who is twenty-one years of age or older; has the necessary qualifications, training, experience, and knowledge, as required pursuant to this article 170 or rules promulgated pursuant to this article 170, to perform and supervise natural medicine services for a participant; and is licensed by the director to engage in the practice of facilitation.

(7) "Federally recognized American tribe" has the same meaning as "Indian tribe" as defined by the federal "Federally Recognized Indian Tribe List Act of 1994", 25 U.S.C. sec. 5130, as amended.

(8) "Healing center" means a facility licensed by the state licensing authority pursuant to article 50 of title 44 that permits a facilitator to provide and supervise natural medicine services for a participant.

(9) "Health-care facility" means an entity that is licensed, certified, or otherwise permitted by law to administer medical treatment in this state, including a hospital, clinic, hospice entity, community mental health center, federally qualified health center, rural health clinic, organization providing a program of all-inclusive care for the elderly, long-term care facility, continuing care retirement community, or other type of entity where health care is provided.

(10) "Integration session" means a meeting between a participant and facilitator that occurs after the completion of an administration session.

(11) "Local jurisdiction" means a county, municipality, or city and county.

(12) (a) "Natural medicine" means the following substances:

(I) Psilocybin; or

(II) Psilocin.

(b) In addition to the substances listed in subsection (12)(a) of this section, "natural medicine" includes:

(I) Dimethyltryptamine, if recommended by the board and approved by the director and the executive director of the state licensing authority for inclusion on or after June 1, 2026;

(II) Ibogaine, if recommended by the board and approved by the director and the executive director of the state licensing authority; or

(III) Mescaline, if recommended by the board and approved by the director and the executive director of the state licensing authority for inclusion on or after June 1, 2026.

(c) "Natural medicine" does not mean a synthetic or synthetic analog of the substances listed in subsections (12)(a) and (12)(b) of this section, including a derivative of a naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion.

(d) Notwithstanding subsection (12)(b)(III) of this section, "mescaline" does not include peyote, meaning all parts of the plant classified botanically as lophophora williamsii lemaire, whether growing or not; its seed; any extract from any part of the plant, and every compound, salt, derivative, mixture, or preparation of the plant; or its seeds or extracts.

(13) "Natural medicine product" means a product infused with natural medicine that is intended for consumption.

(14) "Natural medicine services" means a preparation session, administration session, and integration session provided pursuant to this article 170.

(15) "Participant" means an individual who is twenty-one years of age or older and who receives natural medicine services performed by and under the supervision of a facilitator.

(16) "Preparation session" means a meeting between a participant and facilitator that occurs before an administration session. "Preparation session" does not mean an initial consultation, an inquiry, or a response about natural medicine services.

(17) "Regulated natural medicine" means a natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to article 50 of title 44.

(18) "Regulated natural medicine product" means natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, transferred, or dispensed pursuant to article 50 of title 44.

(19) "Remuneration" means anything of value, including money, real property, tangible and intangible personal property, a contract right, a chose in action, a service, and any right of use or employment or promise or agreement connected therewith, business promotion, or commercial activity.

(20) "State licensing authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product in this state pursuant to section 44-50-201.
C.R.S. § 12-245-221 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-221
12-245-221. Article not to restrict other professions
Status: in_force

12-245-221. Article not to restrict other professions. (1) Nothing in this article 245 shall be construed to prohibit any member of any other profession who is duly licensed or certified pursuant to the laws of this state from rendering service consistent with his or her training and professional ethics so long as the professional does not hold himself or herself out to the public by any title or description to which the professional is not entitled pursuant to the provisions of this article 245.

(2) No person licensed pursuant to part 1 of article 255 of this title 12 shall be subject to the jurisdiction of a board created pursuant to this article 245 to the extent the person is under the jurisdiction of the state board of nursing.
C.R.S. § 12-240-113 — CO Code / Title 12 / Article 240 / Section 12-240-113
12-240-113. Physician assistant license - qualifications
Status: in_force

12-240-113. Physician assistant license - qualifications. (1) To be licensed as a physician assistant under this article 240, an applicant shall be at least twenty-one years of age and shall have:

(a) Successfully completed an education program for physician assistants that conforms to standards approved by the board, which standards may be established by utilizing the assistance of any responsible accrediting organization;

(b) Successfully completed the national certifying examination for physician assistants that is administered by the National Commission on Certification of Physician Assistants or a successor organization or successfully completed any other examination approved by the board; 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) The board may determine whether any applicant for licensure as a physician assistant possesses education, experience, or training in health care that is sufficient to be accepted in lieu of the qualifications required for licensure under subsection (1) of this section.

(3) A person applying for a license to practice as a physician 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 physician 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.

(4) A person licensed as a physician assistant shall not perform any act that constitutes the practice of medicine within a hospital or nursing care facility that is licensed pursuant to part 1 of article 3 of title 25 or that is required to obtain a certificate of compliance pursuant to section 25-1.5-103 (1)(a)(II) without authorization from the governing board of the hospital or nursing care facility. The governing board may grant, deny, or limit a physician assistant's authorization based on its own established procedures.

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

(6) The board shall license and keep a record of physician assistants who have been licensed pursuant to this section. A licensed physician assistant shall renew his or her license in accordance with section 12-240-130.
C.R.S. § 12-130-108 — CO Code / Title 12 / Article 130 / Section 12-130-108
12-130-108. Records
Status: in_force

12-130-108. Records. (1) The board shall keep a record of its proceedings, a register of all applications for licensing, and other information deemed necessary by the board.

(2) The records of the board shall be public records pursuant to article 72 of title 24. Copies of records and papers of the board or the department concerning the administration of this article 130, when certified and authenticated by seal, shall be received by a court in the same manner as original documents.
C.R.S. § 12-215-117 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-117
12-215-117. Use of title
Status: in_force

12-215-117. Use of title. A license to practice chiropractic entitles the holder to use the title "Doctor" or "Dr." when accompanied by the word "Chiropractor" or the letters "D.C.", and to use the title of "Doctor of Chiropractic". The license shall not confer upon the licensee the right to practice surgery or obstetrics, to prescribe, compound, or administer drugs, or to administer anesthetics. Nothing in this article 215 shall be construed to prohibit or to require a license for bona fide chiropractic students or interns in attendance upon a regular course of instruction in a lawfully operated chiropractic school or hospital with respect to performing chiropractic services in this state while under the direct supervision of a licensed chiropractor in accordance with section 12-215-130.
C.R.S. § 12-245-209 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-209
12-245-209. License - issuance
Status: in_force

12-245-209. License - issuance. Each board shall issue a license, registration, or certification, as appropriate, when an applicant successfully qualifies for licensure, registration, or certification as provided in this article 245.
C.R.S. § 12-295-109 — CO Code / Title 12 / Article 295 / Section 12-295-109
12-295-109. Approved psychiatric technician education program
Status: in_force

12-295-109. Approved psychiatric technician education program. (1) (a) Any institution within the state of Colorado desiring to conduct an approved preservice psychiatric technician education program may apply to the board and submit evidence that it is prepared to carry out a psychiatric technician curriculum that contains theoretical content and clinical practice to prepare the psychiatric technician student to care for clients with intellectual and developmental disabilities or behavioral or mental health disorders in institutional and community settings.

(b) Content in a psychiatric technician education program must include but is not limited to:

(I) Fundamental nursing principles and skills;

(II) Growth and developmental and other physical and behavioral skills;

(III) Intellectual and developmental disabilities theory and rehabilitation nursing principles and skills if the technician is to be licensed to care for clients with intellectual and developmental disabilities; and

(IV) Psychopathology and psychiatric nursing principles and skills if the technician is to be licensed to care for clients with behavioral or mental health disorders.

(2) A survey of the institution and its entire psychiatric technician education program shall be made by the executive secretary or other authorized board employee. The survey may be conducted in conjunction with an authorized consultant appointed by the board. The persons making the survey shall submit a written report of the survey to the board. One or more board members may participate in any survey.

(3) If the requirements of this article 295 for an approved psychiatric technician education program are met, the board must approve the institution as a psychiatric technician educational program for psychiatric technicians for work with patients with mental health disorders or intellectual and developmental disabilities, and the approval is valid for so long as the institution meets the requirements of this article 295.

(4) The board shall examine, from time to time, the approved psychiatric technician education programs of all institutions in the state with approved programs. The executive secretary or other authorized representative of the board shall conduct the examinations and submit the examination results to the board in the form of written reports. If the board determines that an institution with an approved psychiatric technician education program is not maintaining the standards required by this article 295, the board shall serve notice of its determination in writing, specifying the defect, on the institution by certified mail, postage prepaid, return receipt requested. If the institution receiving the notice fails, within one year after mailing of the notice, to correct the conditions complained of in the notice, the board shall revoke the institution's authority to conduct an approved psychiatric technician education program. An institution has the right, at any time before the expiration of one year from the date it receives the notice, to demand and be granted a hearing before the board. In case of a demand, the board shall not take action until after the hearing.
C.R.S. § 12-150-105 — CO Code / Title 12 / Article 150 / Section 12-150-105
12-150-105. Powers and duties of board - rules
Status: in_force

12-150-105. Powers and duties of board - rules. (1) The board has the following powers and duties in addition to those otherwise described by this article 150:

(a) To promulgate rules pursuant to section 12-20-204. The board may use as general guidelines the standards contained in the "American National Standard for Passenger Ropeways - Aerial Tramways and Aerial Lifts, Surface Lifts, Tows, and Conveyors - Safety Requirements", as adopted by the American National Standards Institute, as amended from time to time. The rules shall not be discriminatory in their application to area operators, and procedures of the board with respect thereto shall be as provided in section 24-4-103 with respect to rule-making.

(b) To investigate matters relating to the exercise and performance of the powers and duties of the board;

(c) To receive complaints concerning violations of this article 150;

(d) To conduct meetings, hold hearings, and take evidence in accordance with section 12-20-403. The program director may issue subpoenas in accordance with section 12-20-403 (2) on behalf of the board at the board's direction.

(e) To discipline area operators in accordance with this article 150;

(f) To approve and renew licenses in accordance with this article 150;

(g) To elect officers;

(h) To establish standing or temporary technical and safety committees composed of persons with expertise in tramway-related fields to review, as the board deems necessary, the design, construction, maintenance, and operation of passenger tramways and to make recommendations to the board concerning their findings. Committees established pursuant to this subsection (1)(h) shall meet as deemed necessary by the board or the supervisory tramway engineer.

(i) To collect fees, established pursuant to section 12-20-105, for any application for a new construction or major modification, for any application for licensing, and for inspection and accident investigations;

(j) To cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating the provisions of this article 150 and to incur the necessary expenses thereof;

(k) To delegate duties to the program director;

(l) To keep records of its proceedings and of all applications.
C.R.S. § 12-245-214 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-214
12-245-214. Denial of license, registration, or certification - reinstatement
Status: in_force

12-245-214. Denial of license, registration, or certification - reinstatement. (1) Each board is empowered to determine whether an applicant for licensure, registration, or certification, or for registry as a candidate for licensure, registration, or certification, possesses the qualifications required by this article 245.

(2) If a board determines that an applicant does not possess the applicable qualifications required by this article 245 or, for a licensed clinical social worker, licensed social worker, licensed marriage and family therapist, licensed professional counselor, licensed addiction counselor, or certified addiction counselor, is unable to demonstrate continued professional competence as required by section 12-245-410, 12-245-506, 12-245-606, or 12-245-806, respectively, the board may deny the applicant a license, registration, or certification or deny the reinstatement of a license, registration, or certification. If the application is denied, the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications or professional competence required by this article 245. The applicant may request a hearing on the determination as provided in section 24-4-104 (9).

(3) If a board has any reason to believe that, or receives any information that, an applicant has committed any of the acts set forth in section 12-245-224 (1) as grounds for discipline, the board may deny a license, registration, or certification to the applicant if the board determines that there is a basis for the denial. The order of the board to grant or deny a license, registration, or certification constitutes final agency action.

(4) A board, on its own motion or upon application, at any time after the refusal to grant a license, registration, or certification, may reconsider its prior action and grant a license, registration, or certification. The board has sole discretion to determine whether to take further action on the application after it refuses to grant a license, registration, or certification.
C.R.S. § 12-135-802 — CO Code / Title 12 / Article 135 / Part 8 / Section 12-135-802
12-135-802. License required
Status: in_force

12-135-802. License required. On and after January 1, 2027, except as provided in part 7 of this article 135, an individual who engages in the practice of an embalmer must be licensed by the director as an embalmer in accordance with this part 8 and part 5 of this article 135.
C.R.S. § 12-295-112 — CO Code / Title 12 / Article 295 / Section 12-295-112
12-295-112. Withholding or denial of license - hearing
Status: in_force

12-295-112. Withholding or denial of license - hearing. (1) The board is empowered to determine summarily whether an applicant for a license to practice as a psychiatric technician possesses the qualifications required by this article 295 or whether there is probable cause to believe that an applicant has done any of the acts set forth in section 12-295-111 as grounds for discipline. As used in this section, "applicant" does not include a renewal applicant.

(2) If the board determines that an applicant does not possess the qualifications required by this article 295 or that probable cause exists to believe that an applicant has done any of the acts set forth in section 12-295-111, the board may withhold or deny the applicant a license. In such instance, the provisions of section 24-4-104 (9) shall apply, and the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications required by this article 295 or the factual basis for probable cause that the applicant has done any of the acts set forth in section 12-295-111.

(3) If the applicant requests a hearing pursuant to the provisions of section 24-4-104 (9) and fails to appear without good cause at the hearing, the board may affirm its prior action of withholding or denial without conducting a hearing.

(4) Following a hearing, the board shall affirm, modify, or reverse its prior action in accordance with its findings at the hearing.

(5) No action shall lie against the board for withholding or denying a license without a hearing in accordance with the provisions of this section if the board acted reasonably and in good faith.

(6) At the hearing, the applicant shall have the burden of proof to show that he or she possesses the qualifications required for licensure under this article 295. The board shall have the burden of proof to show commission of acts set forth in section 12-295-111.
C.R.S. § 12-290-121 — CO Code / Title 12 / Article 290 / Part 1 / Section 12-290-121
12-290-121. Duplicates of license
Status: in_force

12-290-121. Duplicates of license. The board is authorized to issue a duplicate license to any person to whom a license to practice podiatry in this state has been issued, upon application, properly verified by oath, establishing to the satisfaction of the board that the original license has been lost or destroyed and upon payment to the board of a fee to be determined by rule adopted by the board. No person shall be entitled to a duplicate license unless the person is a licensee in good standing.
C.R.S. § 12-315-308 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-308
12-315-308. Emergency care - continuity of care
Status: in_force

12-315-308. Emergency care - continuity of care. (1) A licensed veterinarian who practices veterinary medicine through telemedicine shall be available in person at a veterinary premises that is accessible to the client and patient or shall arrange for another licensed veterinarian in Colorado to be at a veterinary premises that is accessible to the client and patient in case of an emergency or for necessary follow-up evaluations.

(2) A licensed veterinarian shall provide the client with a plan for emergency or follow-up care when providing veterinary services through telemedicine.
C.R.S. § 12-255-131 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-131
12-255-131. Delegation of nursing or midwifery tasks - rules
Status: in_force

12-255-131. Delegation of nursing or midwifery tasks - rules. (1) Any licensed practical nurse, registered nurse, advanced practice registered nurse, or certified midwife may delegate any task included in the nurse's or certified midwife's licensed scope of practice, subject to the requirements of this section. A licensed practical nurse, registered nurse, advanced practice registered nurse, or certified midwife may delegate nursing or certified midwife tasks to licensed, certified, registered, or unlicensed or unregulated assistive personnel. In no event may a registered nurse or certified midwife delegate to another person the authority to select medications if the person is not, independent of the delegation, authorized by law to select medications.

(2) Delegated tasks must be within the area of responsibility of the delegating nurse or certified midwife and must not require any delegatee to exercise the judgment required of a nurse or certified midwife.

(3) No delegation shall be made without the delegating nurse or certified midwife making a determination that, in the licensee's professional judgment, the delegated task can be properly and safely performed by the delegatee and that the delegation is commensurate with the patient's safety and welfare.

(4) The delegating nurse or certified midwife is solely responsible for determining the required degree of supervision the delegatee will need, after an evaluation of the appropriate factors, which include but are not limited to the following:

(a) The stability of the condition of the patient;

(b) The training and ability of the delegatee;

(c) The nature of the nursing or certified midwife task being delegated; and

(d) Whether the delegated task has a predictable outcome.

(5) An employer of a nurse or certified midwife may establish policies, procedures, protocols, or standards of care that limit or prohibit delegations by nurses or certified midwives in specified circumstances.

(6) The board may promulgate rules pursuant to this section, including but not limited to standards on the assessment of the proficiency of the delegatee to perform delegated tasks, and standards for accountability of any nurse or certified midwife who delegates nursing or certified midwife tasks. The rules shall be consistent with the provisions of part 3 of article 1.5 of title 25, section 25.5-10-204 (2)(j), and section 27-10.5-103 (2)(i).
C.R.S. § 12-135-201 — CO Code / Title 12 / Article 135 / Part 2 / Section 12-135-201
12-135-201. Mortuaries in cemeteries not exempt
Status: in_force

12-135-201. Mortuaries in cemeteries not exempt. No person, firm, association, partnership, or corporation engaged in the ownership, operation, or management of a cemetery or mausoleum in this state that is exempt from payment of general property taxes, shall, either directly or indirectly, own, manage, conduct, or operate a funeral home or mortuary in the cemetery or mausoleum, or adjacent thereto and in connection therewith, unless the cemetery or mausoleum and funeral home or mortuary is listed for assessment purposes. The attorney general, county attorney, or any interested party may maintain injunction proceedings to prevent any violation of this section.
C.R.S. § 12-230-101 — CO Code / Title 12 / Article 230 / Part 1 / Section 12-230-101
12-230-101. Applicability of common provisions
Status: in_force

12-230-101. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 230.
C.R.S. § 12-280-308 — CO Code / Title 12 / Article 280 / Part 3 / Section 12-280-308
12-280-308. Manufacturer, agent, representative, or employee - drug cost information - requi
Status: in_force

12-280-308. Manufacturer, agent, representative, or employee - drug cost information - required - definitions. (1) A manufacturer, or a representative, agent, or employee of a manufacturer, who while employed by or under contract to represent a manufacturer engages in prescription drug marketing, shall provide to a prescriber, in writing, the wholesale acquisition cost of a prescription drug when, in the course of conducting business, the manufacturer, representative, agent, or employee provides information concerning the drug to the prescriber.

(2) (a) When providing the information required by subsection (1) of this section, a manufacturer, or a representative, agent, or employee of a manufacturer, shall also disseminate the names of at least three generic prescription drugs from the same therapeutic class, or if three are not available, as many as are available for prescriptive use.

(b) For the purposes of this section:

(I) "Prescriber" means a health-care provider licensed pursuant to this title 12 who is authorized to prescribe controlled substances or prescription drugs.

(II) "Prescription drug marketing" means any activity that does not include conversations at scientific conferences and that may include in-person meetings, physical mailings, telephonic conversations, video conferencing, electronic mailing or texting, or facsimile transmissions that provides educational or marketing information or materials regarding a prescription drug.

(III) "Therapeutic class" means a group of similar drugs that have the same or similar mechanisms of action and are used to treat a specific condition.
C.R.S. § 12-120-315 — CO Code / Title 12 / Article 120 / Part 3 / Section 12-120-315
12-120-315. Fees - disposition
Status: repealed

12-120-315. Fees - disposition. (1) Pursuant to section 12-20-105, the board shall charge and collect fees for the following:

(a) With respect to professional land surveyors:

(I) Renewal of a license;

(II) Replacement of a paper certificate or renewal card, if requested by the licensee;

(III) Repealed.

(IV) Application for the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b);

(V) Issuance of a paper certificate of licensure, if requested by the licensee;

(VI) Late renewal of a license;

(VII) Reexamination for the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b);

(VIII) Reinstatement of an expired license;

(IX) Listing as a retired professional land surveyor;

(b) With respect to land surveyor-interns:

(I) Application for the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b);

(II) Reexamination for the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).

(III) Repealed.
C.R.S. § 12-245-801 — CO Code / Title 12 / Article 245 / Part 8 / Section 12-245-801
12-245-801. Definitions
Status: in_force

12-245-801. Definitions. As used in this part 8, unless the context otherwise requires:

(1) "Addiction" means a persistent, compulsive dependence on a behavior or substance, including mood-altering behaviors or activities known as process addictions.

(2) "Administrative supervision" means oversight of treatment agency operations, organization of people and resources, and implementation of policies and procedures in a way that directs activities towards agency goals and objectives.

(3) "Approved school, college, or university" means any accredited institution of higher education offering a full-time graduate or undergraduate course of study in behavioral health sciences, such as addiction counseling, human services, psychology, rehabilitation, social work, or other behavioral health sciences, that is recognized by an appropriate national organization or is approved by the board.

(4) "Behavioral health disorders" includes behavioral, mental health, and substance use disorders.

(5) "Board" means the state board of addiction counselor examiners created in section 12-245-802.

(6) "Certified" means certified as an addiction technician or addiction specialist.

(7) "Certified addiction counselor" means an individual who has a certificate issued by the board authorizing the individual to practice addiction counseling commensurate with his or her certification level and scope of practice.

(8) "Clinical supervision" means:

(a) The evaluation and modification or approval by a supervisor of the clinical practice of the person being supervised; and

(b) A source of knowledge, expertise, and more advanced skills made available to the person being supervised.

(9) "Co-occurring disorders" means the existence of one or more substance use disorders, addictive behavioral disorders, or behavioral or mental health disorders presenting concurrently. At the individual level, co-occurring disorders exist when at least one disorder can be established independent of the other, and the disorders are not simply a cluster of symptoms resulting from a single disorder.

(10) "Licensed addiction counselor" means a person licensed by the board to provide professional behavioral health disorder treatment.
C.R.S. § 12-135-702 — CO Code / Title 12 / Article 135 / Part 7 / Section 12-135-702
12-135-702. License required
Status: in_force

12-135-702. License required. On and after January 1, 2027, except as otherwise provided in part 6, 8, or 9 of this article 135, an individual who engages in the practice of a mortuary science practitioner must be licensed by the director as a mortuary science practitioner in accordance with this part 7 and part 5 of this article 135.
C.R.S. § 12-10-707 — CO Code / Title 12 / Article 10 / Part 7 / Section 12-10-707
12-10-707. Errors and omissions insurance - duties of the board - certificate of coverage -
Status: in_force

12-10-707. Errors and omissions insurance - duties of the board - certificate of coverage - when required - group plan made available - effect - rules. (1) Every licensee under this part 7, except an inactive mortgage loan originator or an attorney licensee who maintains a policy of professional malpractice insurance that provides coverage for errors and omissions insurance for their activities as a licensee under this part 7, shall maintain errors and omissions insurance to cover all activities contemplated under this part 7. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel a licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division.

(2) (a) If the division is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section.

(b) The division shall solicit and consider information and comments from interested persons when determining the reasonableness of annual premiums.

(3) The division shall determine the terms and conditions of coverage required under this section based on rules promulgated by the board. Each licensee shall be notified of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the division. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the division by the annual premium renewal date, as determined by the division.

(4) In addition to all other powers and duties conferred upon the board by this part 7, the board shall adopt such rules as it deems necessary or proper to carry out this section.
C.R.S. § 12-10-223 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-223
12-10-223. Violations
Status: in_force

12-10-223. Violations. Any natural person, firm, partnership, limited liability company, association, or corporation violating the provisions of this part 2 by acting as real estate broker in this state without having obtained a license or by acting as real estate broker after the broker's license has been revoked or during any period for which the license may have been suspended commits a class 2 misdemeanor.
C.R.S. § 12-255-133 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-133
12-255-133. Licensee duties relating to assistance animals - definitions
Status: in_force

12-255-133. Licensee duties relating to assistance animals - definitions. (1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:

(a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or

(b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.

(2) This section does not:

(a) Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;

(b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or

(c) Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

(3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee:

(a) Has met with the patient in person;

(b) Is sufficiently familiar with the patient and the disability; and

(c) Is legally and professionally qualified to make the determination.

(4) For purposes of this section:

(a) "Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended.

(b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.
C.R.S. § 12-225-109 — CO Code / Title 12 / Article 225 / Section 12-225-109
12-225-109. Disciplinary action authorized - grounds for discipline - injunctions - rules
Status: in_force

12-225-109. Disciplinary action authorized - grounds for discipline - injunctions - rules. (1) If a direct-entry midwife has violated any of the provisions of section 12-225-104, 12-225-105, 12-225-106, or 12-225-112 (2), the director may take disciplinary or other action as authorized by section 12-20-404 or seek an injunction against a direct-entry midwife in accordance with section 12-20-406 to enjoin the direct-entry midwife from practicing midwifery or committing a violation specified in this subsection (1).

(2) (a) The director may assess a civil penalty in the form of a fine, not to exceed five thousand dollars, for violation of a rule or order of the director or any other act or omission prohibited by this article 225.

(b) The director shall adopt rules establishing a fine structure and the circumstances under which fines may be imposed.

(3) The director may take disciplinary action as authorized by section 12-20-404 (1)(a), (1)(b), or (1)(d) for any of the following acts or omissions:

(a) Any violation of section 12-225-104, 12-225-105, 12-225-106, or 12-225-112 (2) or an applicable provision of article 20 or 30 of this title 12;

(b) Failing to provide any information required pursuant to, or to pay any fee assessed in accordance with, section 12-225-104 or providing false, deceptive, or misleading information to the division that the direct-entry midwife knew or should reasonably have known was false, deceptive, or misleading;

(c) Failing to respond in an honest, materially responsive, and timely manner to a letter of complaint from the director;

(d) Failing to comply with an order of the director, including an order placing conditions or restrictions on the registrant's practice;

(e) Engaging in any act or omission that does not meet generally accepted standards of safe care for women and infants, whether or not actual injury to a client is established;

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

(g) Procuring or attempting to procure a registration in this or any other state or jurisdiction by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;

(h) Having had a license or registration to practice direct-entry midwifery or any other health-care profession or occupation suspended or revoked in any jurisdiction;

(i) Violating any law or regulation governing the practice of direct-entry midwifery in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by any state agency of another state or jurisdiction may be considered to be the same as a finding of violation for purposes of a proceeding under this article 225.

(j) Falsifying, failing to make essential entries in, or in a negligent manner making incorrect entries in client records;

(k) Conviction of a felony or acceptance by a court of a plea of guilty or nolo contendere to a felony. A certified copy of the judgment of a court of competent jurisdiction of a conviction or plea shall be prima facie evidence of the conviction.

(l) Aiding or knowingly permitting any person to violate any provision of this article 225 or an applicable provision of article 20 or 30 of this title 12;

(m) Advertising through newspapers, magazines, circulars, direct mail, directories, radio, television, website, e-mail, text message, or otherwise that the registrant will perform any act prohibited by this article 225; or

(n) (I) Failing to notify the director, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the registrant unable, or limits the registrant's ability, to practice direct-entry midwifery with reasonable skill and safety to the client;

(II) Failing to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the registrant unable to practice direct-entry midwifery with reasonable skill and safety or that may endanger the health or safety of persons under the registrant's care; or

(III) Failing to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-225-111.

(4) Any proceeding to deny, suspend, or revoke a registration or place a registrant on probation shall be conducted pursuant to sections 12-20-403, 24-4-104, and 24-4-105. Section 12-20-408 governs judicial review of any final decision of the director.

(5) The director may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a registrant by another jurisdiction if the violation that prompted the disciplinary action would be grounds for disciplinary action under this article 225.

(6) The person providing copies of records subpoenaed pursuant to section 12-20-403 (2) shall prepare the copies from the original record and shall delete the name of the patient or client, to be retained by the custodian of the records from which the copies were made, but shall identify the patient or client by a numbered code. Upon certification by the custodian that the copies are true and complete except for the patient's or client'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 exists with respect to the copies and no liability lies against the director or the custodian or the director's or custodian's authorized employees for furnishing or using the copies in accordance with this section.

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

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

(9) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
C.R.S. § 12-255-105 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-105
12-255-105. State board of nursing created - removal of board members - meetings of board
Status: in_force

12-255-105. State board of nursing created - removal of board members - meetings of board. (1) (a) There is created the state board of nursing in the division, which is a type 1 entity, as defined in section 24-1-105. The board consists of twelve members who are residents of this state, appointed by the governor as follows:

(I) Two members of the board shall be licensed practical nurses engaged in the practice of practical nursing and licensed in this state;

(II) Seven members of the board who are licensed professional nurses, who are actively employed in their respective nursing professions, who are licensed in this state, and who have been employed for at least three years in their respective categories. Members shall be as follows:

(A) One member shall be engaged in professional nursing education;

(B) One member shall be engaged in practical nursing education in a program that prepares an individual for licensure;

(C) One member shall be engaged in home health care;

(D) One member who is registered as an advanced practice registered nurse pursuant to section 12-255-111; except that the member appointed pursuant to this subsection (1)(a)(II)(D) must not be a certified nurse midwife;

(E) One member shall be engaged in nursing service administration; and

(F) Two members shall be engaged as staff nurses, including one staff nurse who is employed in a hospital and one employed in a nursing care facility;

(II.5) One member of the board who is a certified midwife or an advanced practice registered nurse who is a certified nurse midwife;

(III) Two members of the board shall be persons who are not currently licensed and have not been previously licensed as health-care providers, and who are not employed by or in any way connected with, or have any financial interest in, a health-care facility, agency, or insurer.

(b) Any statutory change in board composition shall be implemented when the terms of current members expire, and no member shall be asked to resign before the end of a term due to the statutory changes.

(c) When making appointments to the board, the governor shall strive to achieve geographical, political, urban, and rural balance among the board membership.

(d) (I) Each member of the board shall be appointed for a term of four years.

(II) Any interim appointment necessary to fill a vacancy that has occurred by any reason other than the expiration of a term shall be for the remainder of the term of the individual member whose office has become vacant.

(III) A member may be reappointed for a subsequent term at the pleasure of the governor, but no member shall serve for more than two consecutive terms.

(e) Notwithstanding the provisions of this subsection (1) to the contrary, if, as determined by the governor, an appropriate applicant for membership on the board pursuant to subsection (1)(a) of this section is not available to serve on the board for a particular term, the governor may appoint a nurse whose license is in good standing to fill the vacancy for the length of that term. At the end of the term, if the governor, after a good-faith attempt, cannot find an appropriate applicant pursuant to subsection (1)(a) of this section, the governor may appoint a nurse whose license is in good standing to fill the vacancy for one term.

(2) The board shall elect annually from its members a president.

(3) The governor may remove any board member for negligence in the performance of any duty required by law, for incompetency, for unprofessional conduct, for willful misconduct, or for failure to continue to comply with the requirements of this section.

(4) The board shall meet at least quarterly during the fiscal year and at such other times as it may determine.
C.R.S. § 12-100-120 — CO Code / Title 12 / Article 100 / Section 12-100-120
12-100-120. Grounds for disciplinary action - administrative penalties
Status: in_force

12-100-120. Grounds for disciplinary action - administrative penalties. (1) After notice and hearing as provided in section 12-100-123, the board may take disciplinary or other action as authorized in section 12-20-404 and impose other conditions or limitations on a person for any of the following causes:

(a) Fraud or deceit in obtaining or in attempting to obtain a certificate as a certified public accountant or in obtaining registration under this article 100;

(b) Fraud or negligence in the practice of public accounting in Colorado or any other state or in the filing of or failure to file the certified public accountant's own income tax returns;

(c) Violation of any provision of this article 100 or an applicable provision of article 20 of this title 12, of any final rule promulgated by the board, or of any valid agency order;

(d) Violation of a rule of professional conduct promulgated by the board under the authority granted by this article 100;

(e) Conviction of a felony or of a crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States. For the purposes of this subsection (1)(e), a plea of guilty or a plea of nolo contendere accepted by the court shall be considered as a conviction.

(f) Discipline taken against the person's authority to practice as a certified public accountant or a public accountant in any jurisdiction;

(g) Discipline taken against the person's right to practice before any state or federal agency or agency outside the United States or the public company accounting oversight board, created by the federal "Sarbanes-Oxley Act of 2002", 15 U.S.C. sec. 7201 et seq., as amended, for improper conduct or willful violation of the rules or regulations of the state or federal agency or the public company accounting oversight board;

(h) Without an active certificate of certified public accountant or a valid registration:

(I) Providing certified public accounting services to the public for a fee; or

(II) Acting as a resident manager of an entity that is subject to section 12-100-114;

(i) Failure to comply with the requirements for continuing education as prescribed by the board;

(j) An act or omission that fails to meet generally accepted accounting principles or generally accepted auditing standards in the profession;

(k) Use of false, misleading, or deceptive advertising;

(l) A substance use disorder, as defined in section 27-81-102, or an excessive use of a habit-forming drug, controlled substance, as defined in section 18-18-102 (5), or alcohol beverage that renders the certified public accountant unfit to practice public accounting;

(m) Failure to retain records of the work performed for each client for a period of five years;

(n) Failure of a partnership, professional corporation, or limited liability company to register with the board pursuant to section 12-100-114 and to renew the registration as prescribed by the board;

(o) Fraudulent, coercive, or dishonest practices or demonstrated incompetence, untrustworthiness, or financial irresponsibility in Colorado, another state, a United States territory, or a foreign country.

(2) In considering the conviction of crimes, as provided in subsection (1)(e) of this section, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(3) In addition to any other penalty that may be imposed pursuant to this section, any person violating this article 100 or any rules promulgated pursuant to this article 100 may be fined upon a finding of misconduct by the board as follows, either:

(a) In a proceeding against a certificant, a fine not in excess of five thousand dollars per violation; or

(b) In a proceeding against a registrant, a fine not in excess of ten thousand dollars per violation.
C.R.S. § 12-285-213 — CO Code / Title 12 / Article 285 / Part 2 / Section 12-285-213
12-285-213. Disciplinary proceedings - investigations - judicial review
Status: in_force

12-285-213. Disciplinary proceedings - investigations - judicial review. (1) The board may commence a proceeding for the discipline of a physical therapist assistant in accordance with section 12-20-403 when the board has reasonable grounds to believe that a physical therapist assistant has committed an act enumerated in section 12-285-211.

(2) In a proceeding held under this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a physical therapist assistant from another jurisdiction if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this part 2.

(3) (a) The board may investigate potential grounds for disciplinary action upon its own motion or when the board is informed of dismissal of a person certified under this part 2 if the dismissal was for a matter constituting a violation of this part 2.

(b) A person who supervises a physical therapist assistant shall report to the board when the physical therapist assistant has been dismissed because of incompetence or failure to comply with this part 2. A certified physical therapist assistant who is aware that another person is violating this part 2 shall report the violation to the board.

(4) The board may keep any investigation authorized under this part 2 closed until the results of the investigation are known and either the complaint is dismissed or notice of hearing and charges are served upon the certified physical therapist assistant.

(5) The board, through the department, may 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 hearings under this part 2 in accordance with section 12-20-403.

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

(7) 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. § 12-270-106 — CO Code / Title 12 / Article 270 / Section 12-270-106
12-270-106. License required - occupational therapists - occupational therapy assistants
Status: in_force

12-270-106. License required - occupational therapists - occupational therapy assistants. (1) Except as otherwise provided in this article 270, a person shall not practice occupational therapy or represent that the person may practice occupational therapy in this state without possessing a valid license issued by the director in accordance with this article 270 and rules adopted pursuant to this article 270.

(2) Except as otherwise provided in this article 270, a person shall not practice as an occupational therapy assistant or represent that the person may practice as an occupational therapy assistant in this state without possessing a valid license issued by the director in accordance with this article 270 and any rules adopted under this article 270.
C.R.S. § 12-300-107 — CO Code / Title 12 / Article 300 / Section 12-300-107
12-300-107. License - effectiveness - fee
Status: in_force

12-300-107. License - effectiveness - fee. (1) An applicant for a license to practice respiratory therapy shall submit to the director evidence that he or she is credentialed by a national respiratory therapy credentialing body, as determined by the director, as a certified or registered respiratory therapist and shall pay a fee as determined by the director. The director shall maintain on file the standards of practice for examination and accreditation by the national respiratory therapy credentialing body determined by the director pursuant to this subsection (1) and make the standards available to the public.

(2) The director shall issue a license to practice respiratory therapy to an applicant who otherwise meets the qualifications set forth in this article 300 and who submits satisfactory proof and certifies under penalty of perjury that the applicant is either:

(a) Eligible for licensure by endorsement pursuant to the occupational credential portability program; or

(b) Holding credentials conferred by a national respiratory therapy credentialing body, as determined by the director, which credentials have not been suspended or revoked.

(c) (Deleted by amendment, L. 2024.)
C.R.S. § 12-105-116 — CO Code / Title 12 / Article 105 / Section 12-105-116
12-105-116. Issuance of license - display
Status: in_force

12-105-116. Issuance of license - display. If an applicant for examination to practice barbering, hairstyling, or cosmetology or to provide esthetician or nail technician services passes the examination and has paid the required fee and complies with the requirements of this article 105, the director shall issue a license to that effect. The license is evidence that the person to whom it is issued is entitled to engage in the practices, occupation, or occupations stipulated in the license. The license must be conspicuously displayed in the licensee's principal office or place of business or employment.
C.R.S. § 12-215-111 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-111
12-215-111. Change of address - reporting required
Status: in_force

12-215-111. Change of address - reporting required. Each person licensed under this article 215, upon changing his or her address, shall inform the board of the new address within thirty days after the change. The address change shall be reflected on the next license or renewal certificate issued to the licensee.
C.R.S. § 12-285-211 — CO Code / Title 12 / Article 285 / Part 2 / Section 12-285-211
12-285-211. Grounds for disciplinary action
Status: in_force

12-285-211. Grounds for disciplinary action. (1) The board may take disciplinary action in accordance with sections 12-20-404 and 12-285-212 against a person who has:

(a) Committed an act that does not meet generally accepted standards of physical therapist assistant practice or failed to perform an act necessary to meet generally accepted standards of physical therapist assistant practice;

(b) 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 evaluation through the termination of treatment;

(c) Abandoned a patient by any means;

(d) Failed to make essential entries on patient records or falsified or made incorrect entries of an essential nature on patient records;

(e) (I) Committed abuse of health insurance as set forth in section 18-13-119; or

(II) Advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that the certified physical therapist assistant will perform an act prohibited by section 18-13-119;

(f) Committed a fraudulent insurance act, as defined in section 10-1-128;

(g) Falsified information in any application or attempted to obtain or obtained a certification by fraud, deception, or misrepresentation;

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

(i) (I) Failed to notify the board, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the certified physical therapist assistant's ability to perform physical therapy 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 certified physical therapist assistant unable to perform physical therapy with reasonable skill and safety to the patient; or

(III) Failed to comply with the limitations agreed to under a confidential agreement entered into under sections 12-30-108 and 12-285-215;

(j) Refused to submit to a physical or mental examination when so ordered by the board under section 12-285-214;

(k) Failed to notify the board in writing of the entry of a final judgment by a court of competent jurisdiction against the certified physical therapist assistant for malpractice or a settlement by the certified physical therapist assistant in response to charges or allegations of malpractice, which notice must be given within ninety days after the entry of judgment or settlement and, in the case of a judgment, must contain the name of the court, the case number, and the names of all parties to the action;

(l) Violated or aided or abetted a violation of this part 2, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this part 2, or a lawful order of the board;

(m) Been convicted of, pled guilty, or pled nolo contendere to a crime related to the certified physical therapist assistant's practice or a felony or committed an act specified in section 12-285-217. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the board is governed by sections 12-20-202 (5) and 24-5-101.

(n) Fraudulently obtained, furnished, or sold a physical therapist assistant diploma, certificate, renewal of certificate, or record, or aided or abetted any such act;

(o) Represented, or held himself or herself out as, in any manner, a physical therapist assistant or practiced as a physical therapist assistant without a certification, unless otherwise authorized under this part 2;

(p) Used in connection with the person's name a designation implying that the person is a physical therapist assistant without being certified under this part 2;

(q) Practiced as a physical therapist assistant during the time the person's certification was expired, suspended, or revoked; or

(r) Failed to respond in an honest, materially responsive, and timely manner to a complaint issued under this part 2.
C.R.S. § 12-205-106 — CO Code / Title 12 / Article 205 / Section 12-205-106
12-205-106. Limitations on authority
Status: in_force

12-205-106. Limitations on authority. (1) Nothing in this article 205 authorizes an athletic trainer to practice:

(a) Medicine, as defined in article 240 of this title 12;

(b) Physical therapy, as defined in article 285 of this title 12;

(c) Chiropractic, as defined in article 215 of this title 12;

(d) Occupational therapy, as defined in article 270 of this title 12; or

(e) Any other regulated form of healing except as authorized by this article 205.

(2) Nothing in this article 205 authorizes an athletic trainer to treat a disease or condition that is not related to a person's participation in sports, games, recreation, or exercise, but the athletic trainer shall take a person's disease or condition into account in providing athletic training services and shall consult with a physician as appropriate regarding the disease or condition.

(3) Nothing in this article 205 prohibits a person from recommending weight management or exercise to improve strength, conditioning, flexibility, and cardiovascular performance to a person in normal health as long as the person recommending the weight management or exercise does not represent himself or herself as an athletic trainer and the person does not engage in athletic training as defined in this article 205.
C.R.S. § 12-280-601 — CO Code / Title 12 / Article 280 / Part 6 / Section 12-280-601
12-280-601. Definitions
Status: in_force

12-280-601. Definitions. As used in this part 6:

(1) (a) "Collaborative pharmacy practice agreement" means a written and signed agreement entered into voluntarily between one or more pharmacists licensed pursuant to this article 280 and one or more physicians or advanced practice registered nurses licensed in this state, which statement grants authority to the pharmacist or pharmacists to provide evidence-based health-care services to one or more patients pursuant to a specific treatment protocol delegated to a pharmacist or pharmacists by the physician or advanced practice registered nurse.

(b) A "collaborative pharmacy practice agreement" may also mean a statewide drug therapy protocol developed by the board, the Colorado medical board, and the state board of nursing in collaboration with the department of public health and environment for public health-care services.
C.R.S. § 12-20-206 — CO Code / Title 12 / Article 20 / Part 2 / Section 12-20-206
12-20-206. Regulators - consideration of criminal records - petition process - denials - de
Status: in_force

12-20-206. Regulators - consideration of criminal records - petition process - denials - definition. (1) As used in this section, "directly related to" means that the criminal offense for which the applicant has been convicted is still relevant at the time of the individual's application for a registration, certification, or license, which would create an unreasonable risk to public safety because the offense directly relates to the duties and responsibilities of the profession or occupation in which the individual has applied or petitioned for determination of qualification, as determined by a regulator after consideration of all evidence available to the regulator.

(2) If an applicant has a conviction for a crime, a regulator may only consider the applicant's conviction for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant has not been convicted of any other criminal offense during the three-year period. After the three-year period, the regulator shall only consider the individual's application for registration, certification, or licensure in the same manner as an applicant who does not possess a prior criminal record; except that the regulator may consider a conviction for a crime that is directly related to the profession or occupation for which the individual has applied for registration, certification, or licensure.

(3) (a) If a regulator is considering an applicant's criminal record during the application process for registration, certification, or licensure, a regulator may only deny or refuse to renew the registration, certification, or license if the regulator determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety.

(b) An applicant's conviction for a crime does not, in and of itself, disqualify the applicant from being issued a registration, certification, or license.

(4) (a) An individual whose conviction may affect the individual's application for registration, certification, or licensure may petition at any time, including while incarcerated or before obtaining any required personal qualifications, for a decision from a regulator as to whether a regulator may consider the individual's criminal record when reviewing the individual's application for a registration, certification, or license.

(b) An individual who petitions a regulator shall include in the petition:

(I) The individual's criminal record or authorization for the regulator to obtain the individual's criminal record; and

(II) Any additional information about the individual's current circumstances, including the time since the criminal offense was committed and the sentence was completed, the age of the applicant at the time the offense was committed, the payment of any court-ordered restitution, evidence of rehabilitation, testimonials, employment history, and employment aspirations.

(c) If a regulator determines that a petitioner's conviction will likely be considered, the regulator shall advise the petitioner of any actions the petitioner may take to remedy the disqualification. If remedial action is advised by the regulator, the petitioner may submit a revised petition on or before a date set by the regulator for completion of the remedial actions.

(d) A regulator that makes an initial determination pursuant to this subsection (4) may require a new determination at the time an individual formally applies for registration, certification, or licensure.

(5) (a) In order to deny an application for registration, certification, or licensure pursuant to this section, a regulator bears the burden of proof to show by clear and convincing evidence that the denial directly connects information in an applicant's criminal record to potential performance in and the potential creation of an unreasonable risk to public safety through the particular profession or occupation for which the applicant is applying for registration, certification, or licensure.

(b) If an individual has filed a petition for a determination pursuant to subsection (4) of this section, has received a notice of an agency adjudicatory hearing and filed and answer to the notice pursuant to section 24-4-105, and fails to appear at the scheduled time and place of the hearing, the administrative law judge shall enter a default judgment in favor of the regulator.

(6) This section does not:

(a) Negate any provision for registration, certification, or licensure in this title 12 that requires an applicant to submit information regarding the applicant's criminal history to a regulator with an application;

(b) Negate any other reason specified in this title 12 for which a regulator may deny an applicant registration, certification, or licensure for a profession or an occupation;

(c) Negate any requirement under federal law that requires an individual to obtain or maintain a registration, certification, or license;

(d) Negate the list of determining factors that shall not be considered regarding an applicant's criminal record in section 24-5-101 (2)(b); or

(e) Create liability for an employer that fails to hire an individual who has a registration, certification, or license pursuant to this title 12.
C.R.S. § 12-245-216 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-216
12-245-216. Mandatory disclosure of information to clients
Status: repealed

12-245-216. Mandatory disclosure of information to clients. (1) Except as otherwise provided in subsection (4) of this section, every licensee, registrant, or certificate holder shall provide the following information in writing to each client during the initial client contact:

(a) The name, business address, and business phone number of the licensee, registrant, or certificate holder;

(b) (I) Repealed.

(II) A listing of any degrees, credentials, certifications, registrations, and licenses held or completed by the licensee, registrant, or certificate holder, including the education, experience, and training the licensee, registrant, or certificate holder was required to satisfy in order to complete the degree, credential, certification, registration, or license;

(c) A statement indicating that the practice of licensed or registered persons in the field of psychotherapy is regulated by the division and an address and telephone number for the board that regulates the licensee, registrant, or certificate holder;

(d) A statement indicating that:

(I) A client is entitled to receive information about the methods of therapy, the techniques used, the duration of therapy, if known, and the fee structure;

(II) The client may seek a second opinion from another therapist or may terminate therapy at any time;

(III) In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder;

(IV) The information provided by the client during therapy sessions is legally confidential in the case of individuals licensed, certified, or registered pursuant to this article 245, except as provided in section 12-245-220 and except for certain legal exceptions that will be identified by the licensee, registrant, or certificate holder should any such situation arise during therapy;

(e) If the mental health professional is an unlicensed psychotherapist, a statement indicating that an unlicensed psychotherapist is a psychotherapist listed in the state's database and is authorized by law to practice psychotherapy in Colorado but is not licensed by the state and is not required to satisfy any standardized educational or testing requirements to obtain a registration from the state; and

(f) A statement indicating that a client's records may not be maintained after seven years pursuant to section 12-245-226 (1)(a)(II)(A).

(2) If the client is a minor who is consenting to mental health services pursuant to section 27-65-104, disclosure must be made to the minor. If the client is a minor whose parent or legal guardian is consenting to mental health services, disclosure must be made to the minor's parent or legal guardian.

(3) In residential, institutional, or other settings where psychotherapy may be provided by multiple providers, disclosure shall be made by the primary therapist. The institution shall also provide a statement to the patient containing the information in subsections (1)(c) and (1)(d) of this section and a statement that the patient is entitled to the information listed in subsections (1)(a) and (1)(b) of this section concerning any psychotherapist in the employ of the institution who is providing psychotherapy services to the patient.

(4) The disclosure of information required by subsection (1) of this section is not required when psychotherapy is being administered in any of the following circumstances:

(a) In an emergency;

(b) Pursuant to a court order or involuntary procedures pursuant to sections 27-65-106 to 27-65-110;

(c) The sole purpose of the professional relationship is for forensic evaluation;

(d) The client is in the physical custody of the department of corrections, the department of human services, or the behavioral health administration in the department of human services, and such department or administration has developed an alternative program to provide similar information to the client and the program has been established through rule;

(e) The client is incapable of understanding the disclosure and has no guardian to whom disclosure can be made;

(f) By a social worker practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II);

(g) By a person licensed or certified pursuant to this article 245 or by an unlicensed psychotherapist practicing in a hospital that is licensed or certified under section 25-1.5-103 (1)(a)(I) or (1)(a)(II).

(5) If the client has no written language or is unable to read, an oral explanation shall accompany the written copy.

(6) Unless the client, parent, or guardian is unable to write, or refuses or objects, the client, parent, or guardian shall sign the disclosure form required by this section not later than the second visit with the psychotherapist.
C.R.S. § 12-285-115 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-115
12-285-115. Inactive license - rules
Status: in_force

12-285-115. Inactive license - rules. A physical therapist may request that the board inactivate or activate the physical therapist's license. The board shall promulgate rules governing the activation and inactivation of licenses. Notwithstanding any law to the contrary, the board's rules may limit the applicability of statutory requirements for maintaining professional liability insurance and continuing professional competence for a licensee whose license is currently inactive. The board need not reactivate an inactive license if the physical therapist has committed any act that would be grounds for disciplinary action under section 12-285-120. A physical therapist whose license is currently inactive shall not practice physical therapy.
C.R.S. § 12-10-607 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-607
12-10-607. Appraisal management companies - application for license - exemptions
Status: in_force

12-10-607. Appraisal management companies - application for license - exemptions. (1) An applicant shall apply for a license as an appraisal management company, or as a controlling appraiser, to the board in a manner prescribed by the board.

(2) The board may grant appraisal management company licenses to individuals, partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a controlling appraiser who is actively certified in a state recognized by the appraisal subcommittee of the federal financial institutions examination council or its successor entity. The controlling appraiser is responsible for the licensed practices of the partnership, limited liability company, or corporation and all persons employed by the entity. The application of the partnership, limited liability company, or corporation and the application of the appraiser designated by it as the controlling appraiser shall be filed with the board. The board has jurisdiction over the appraiser so designated and over the partnership, limited liability company, or corporation.

(3) The board shall not issue a license to any partnership, limited liability company, or corporation unless and until the appraiser designated by the partnership, limited liability company, or corporation as controlling appraiser and each individual who owns more than ten percent of the entity demonstrates that the person meets the fitness standards established by board rule and submits a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the board. The board shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check. The board may deny an application for licensure or refuse to renew a license based on the outcome of the record check. The board may require criminal history requirements more stringent than those established by any applicable federal law. At a minimum, the board shall adopt the criminal history requirements established by any applicable federal law.

(4) The board shall not issue a license to any partnership, limited liability company, or corporation if the appraiser designated by the entity as controlling appraiser has previously had, in any state, an appraiser registration, license, or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked. A disciplinary action resulting in refusal, denial, cancellation, surrender in lieu of revocation, or revocation relating to a registration, license, or certification as an appraiser registered, licensed, or certified 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 denial of a license by the board.

(5) The board shall not issue a license to any partnership, limited liability company, or corporation if it is owned, in whole or in part, directly or indirectly, by any person who has had, in any state, an appraiser license, registration, or certificate refused, denied, canceled, surrendered in lieu of revocation, or revoked. A disciplinary action resulting in refusal, denial, cancellation, surrender in lieu of revocation, or revocation relating to a license, registration, or certification as an appraiser licensed, registered, or certified 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 denial of a license by the board.

(6) The board may deny an application for a license for any partnership, limited liability company, or corporation if the partnership, limited liability company, or corporation has previously had a license revoked or surrendered a license in lieu of revocation. A disciplinary action resulting in the surrender in lieu of revocation or the revocation of a license as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons may be deemed to be prima facie evidence of grounds for denial of a license by the board.

(7) Each appraisal management company must maintain a definite place of business. If the appraisal management company is domiciled in another state, the appraiser designated by the appraisal management company as controlling appraiser is responsible for supervising all licensed activities that occur in Colorado. All licensed actions occurring within the state of Colorado must occur under the name under which the appraisal management company is licensed or its trade name adopted in accordance with Colorado law.

(8) An application that is submitted by an appraisal management company that is:

(a) A partnership must be properly registered with the Colorado department of revenue or properly filed with the Colorado secretary of state and in good standing, proof of which must be included in the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado department of revenue or filed and accepted by the Colorado secretary of state, proof of which must be included with the application.

(b) A limited liability company must be properly registered with the Colorado secretary of state and in good standing, proof of which must be included with the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado secretary of state, proof of which must be included with the application.

(c) A corporation must be registered as a foreign corporation or properly incorporated with the Colorado secretary of state and in good standing, proof of which must be included with the application. If an assumed or trade name is to be used, it must be properly filed with the Colorado secretary of state, proof of which must be included with the application.

(9) Financial institutions and appraisal management company subsidiaries that are owned and controlled by an insured depository institution, as defined in 12 U.S.C. sec. 1813 (c)(2), as amended, and regulated by the federal office of the comptroller of the currency, the board of governors of the federal reserve system, or the federal deposit insurance corporation are not required to register with or be licensed by the board. This exemption includes a panel of appraisers who are engaged to provide appraisal services and are administered by a financial institution regulated by one of the federal financial regulatory agencies listed in this subsection (9).
C.R.S. § 12-30-104 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-104
12-30-104. Health-care prescriber boards - disciplinary procedures - definitions
Status: in_force

12-30-104. Health-care prescriber boards - disciplinary procedures - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Health-care prescriber board" or "board" means:

(I) The Colorado podiatry board created in section 12-290-105;

(II) The Colorado dental board created in section 12-220-105;

(III) The Colorado medical board created in section 12-240-105;

(IV) The state board of nursing created in section 12-255-105;

(V) The state board of optometry created in section 12-275-107; and

(VI) The state board of veterinary medicine created in section 12-315-106.

(b) "Licensee" means an individual who is licensed or otherwise regulated by a board.

(2) Except as specified in subsection (4) of this section, notwithstanding any other provision of law in title 24 or this title 12, each health-care prescriber board shall:

(a) Within fifteen days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of the complainant's patient records pursuant to sections 25-1-801 and 25-1-802;

(b) If an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct, provide the complainant, within thirty days after the action, with written notice of the action taken by the board;

(c) If a complaint is still pending after six months, notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law; and

(d) Update its website within thirty days after suspending or revoking a license to separately list each licensee subject to the suspension or revocation.

(3) If patient records are potentially relevant to resolution of a complaint against a licensee and the licensee is the custodian of the records, the licensee shall provide the board with the patient records within thirty days after the board requests the records.

(4) If any provision of article 4 of title 24, part 1 of article 255 of this title 12, or article 220, 240, 275, 290, or 315 of this title 12 is more protective of complainants' rights or results in a more expeditious resolution of disciplinary proceedings than a corresponding provision of this section, that provision applies rather than the corresponding provision of this section.
C.R.S. § 12-220-107 — CO Code / Title 12 / Article 220 / Part 1 / Section 12-220-107
12-220-107. Indebtedness - appropriations - publications
Status: in_force

12-220-107. Indebtedness - appropriations - publications. (1) The board does not have the power to create any indebtedness on behalf of the state.

(2) Appropriations made to the board may be applied only to the payment of:

(a) The necessary traveling, hotel, and clerical expenses of the members of the board in the performance of their duties;

(b) Dues for membership in the American Association of Dental Boards, or its successor association, and the expense of sending delegates to the association's convention; and

(c) Other expenditures necessary or proper to carry out and execute the powers and duties of the board and implement this article 220.

(3) Publications of the board circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.
C.R.S. § 12-245-206 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-206
12-245-206. Records
Status: in_force

12-245-206. Records. (1) Each board shall keep a record of proceedings and a register of all applications for licenses, registrations, or certifications, which must include:

(a) The name and age of each applicant;

(b) The date of the application;

(c) The mailing address of the applicant;

(d) A summary of the educational and other qualifications of each applicant;

(e) Whether or not an examination was required and, if required, proof that the applicant passed the examination;

(f) Whether licensure, registration, or certification was granted;

(g) The date of the action of the board;

(h) Other information the board deems necessary or advisable in aid of the requirements of this section.
C.R.S. § 12-315-104 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-104
12-315-104. Definitions
Status: in_force

12-315-104. Definitions. As used in this article 315, unless the context otherwise requires:

(1) "Animal" means any animal other than human, and the term includes fowl, birds, amphibians, fish, and reptiles, wild or domestic, living or dead.

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

(2) "Artificial insemination" means the collection of semen and the fertilization of, or attempted fertilization of, the ova of the female animal by placing or implanting, by artificial means, in the genital tract of the female animal the semen obtained from the male animal that will subsequently be used, or attempted to be used, to impregnate the female.

(3) "Board" means the state board of veterinary medicine created in section 12-315-106.

(4) "Client" means the patient's owner, the owner's agent, or a person responsible for the patient.

(5) "Complainant" means the board or any other person who initiates a proceeding.

(5.5) "Delegation" or "delegate" means a licensed veterinarian's act of entrusting to an individual the authority to perform a task under the appropriate level of supervision by the licensed veterinarian after the licensed veterinarian has determined that the individual is competent to perform the task.

(6) "Direct supervision" means the supervising licensed veterinarian is readily available on the premises where the patient is being treated and is able to supervise the tasks that have been delegated to an individual.

(7) "Dispense" means to provide a drug or device, other than by distribution, bearing a label stating the name of the veterinarian, the date dispensed, directions for use, all cautionary statements, withdrawal time, if appropriate, the identity of the animal, and the owner's name.

(8) "Distribute" or "distribution" means to provide a drug or device in the manufacturer's original package to the client-patient.

(9) "Hearing" means any proceeding initiated before the board in which the legal rights, duties, privileges, or immunities of a specific party or parties are determined.

(10) "Immediate supervision" means the supervising licensed veterinarian is physically in the immediate area on the premises and within audible or visual range of the patient and the individual performing the tasks that have been delegated by the licensed veterinarian.

(10.5) "Indirect supervision" means the supervising licensed veterinarian need not be on the veterinary premises but:

(a) Provides either written or verbal instructions for the tasks that have been delegated to an individual; and

(b) Is readily available for communication.

(11) "Licensed veterinarian" means a person licensed pursuant to this part 1.

(12) "Ova transplantation" means a technique by which fertilized embryos are collected from a donor female and transferred to a recipient female that serves as a surrogate mother for the remainder of the pregnancy.

(13) "Patient" means any animal or group of animals that is examined or treated by a licensed veterinarian and includes herds, flocks, litters, and other groups of animals.

(14) "Practice of veterinary medicine" means any of the following:

(a) The diagnosing, treating, correcting, changing, relieving, or preventing of animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique and the use of any manual or mechanical procedure for artificial insemination, for ova transplantation, for testing for pregnancy, or for correcting sterility or infertility or to render advice or recommendation with regard thereto;

(b) The representation, directly or indirectly, publicly or privately, of an ability and willingness to do an act described in subsection (14)(a) of this section;

(c) The use of any title, words, abbreviation, or letters in a manner or under circumstances that induce the belief that a person using them is qualified to do any act described in subsection (14)(a) of this section;

(d) The application of principles of environmental sanitation, food inspection, environmental pollution control, animal nutrition, zoonotic disease control, and disaster medicine as applied to an act described in subsection (14)(a) of this section.

(15) "Rule" means any regulation, standard, or statement of policy adopted by the board to implement, interpret, or clarify the law that it enforces and administers and that governs its duties, functions, organization, and procedure.

(16) "School of veterinary medicine" means any veterinary school or department of a legally organized college or university whose course of study in the art and science of veterinary medicine has been approved by the board.

(16.3) "Supervising licensed veterinarian" means a licensed veterinarian in the state who delegates and assumes responsibility for the veterinary care provided to a patient by an individual employed at the same physical practice location and working out of the same physical premises as the licensed veterinarian and working under an appropriate level of supervision by the licensed veterinarian.

(16.5) (a) "Supervision" means a licensed veterinarian's oversight and monitoring of another individual's assistance in the treatment of animals as part of the veterinarian's practice of veterinary medicine.

(b) "Supervision" includes:

(I) Direct supervision;

(II) Immediate supervision; and

(III) Indirect supervision.

(17) "Unprofessional or unethical conduct" includes, but is not limited to, conduct of a character likely to deceive or defraud the public; false or misleading advertising; obtaining any fee or compensation by fraud or misrepresentation; sharing office space with any person illegally practicing veterinary medicine; employing either indirectly or directly any unlicensed person to practice veterinary medicine or to render any veterinary services except as provided in this article 315; or the violation of any rules adopted by the board that provide a code of professional ethics to be followed and carried out by persons licensed under this article 315.

(18) "Veterinarian" means a person who has received a doctor's degree in veterinary medicine, or its equivalent, from a school of veterinary medicine.

(19) (a) "Veterinarian-client-patient relationship" means the relationship established when:

(I) The veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the owner, owner's agent, or authorized caretaker has agreed to follow the instruction of the veterinarian;

(II) There is sufficient knowledge of an animal by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an in-person, physical examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and

(III) The practicing veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or failure of the treatment regimen.

(b) A veterinarian-client-patient relationship established according to subsection (19)(a) of this section may extend to other licensed veterinarians working out of the same physical practice location as the veterinarian who established the veterinarian-client-patient relationship if the other licensed veterinarians have access to and have reviewed the patient's medical records.

(20) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of animal medicine.

(21) "Veterinary premises" or "premises" means a veterinary office, hospital, clinic, building, mobile unit, facility, or other location where veterinary medical services are provided by or under the direction and supervision of a licensed veterinarian.

(21.5) [Editor's note: This version of subsection (21.5) is effective until January 1, 2026.] "Veterinary professional" means a veterinarian licensed pursuant to this part 1 or a veterinary technician or veterinary technician specialist registered pursuant to part 2 of this article 315.

(21.5) [Editor's note: This version of subsection (21.5) is effective January 1, 2026.] "Veterinary professional" means a veterinarian licensed pursuant to this part 1, a veterinary professional associate registered pursuant part 2 of this article 315, or a veterinary technician or veterinary technician specialist registered pursuant to part 2 of this article 315.

(21.7) [Editor's note: Subsection (21.7) is effective January 1, 2026.] "Veterinary professional associate" means an individual who holds a master's degree in veterinary clinical care, or the equivalent, and who is subject to the requirements in section 12-315-203.7.

(22) "Veterinary student" is a veterinary medical student who is enrolled in a school of veterinary medicine.

(23) "Veterinary student preceptor" is a veterinary medical student enrolled in a preceptor program in a school of veterinary medicine.

(24) "Veterinary technician" means a veterinary technician registered pursuant to part 2 of this article 315.

(25) "Veterinary technician credentialing organization" or "credentialing organization" means:

(a) A veterinary technician credentialing organization approved by the board pursuant to section 12-315-201 to credential veterinary technicians in this state; or

(b) The board if, pursuant to section 12-315-201 (2), no credentialing organization is approved.

(26) "Veterinary technician specialist" means a veterinary technician who has been awarded designation from:

(a) An academy recognized by the National Association of Veterinary Technicians in America's committee of veterinary technician specialities or its successor organization, which organization is a recognized veterinary technician specialist organization; or

(b) A nationally recognized veterinary technician specialist organization approved by the board pursuant to section 12-315-201 (1)(c).
C.R.S. § 12-135-114 — CO Code / Title 12 / Article 135 / Part 1 / Section 12-135-114
12-135-114. Insurance requirements
Status: in_force

12-135-114. Insurance requirements. (1) A funeral establishment shall obtain and maintain a professional liability insurance policy with liability limits of at least one million dollars. The funeral establishment must submit the certificate of professional liability insurance to the director:

(a) Within thirty days after the initial registration of the funeral establishment by the board; and

(b) Upon request by the director.

(2) A funeral establishment shall notify the board in writing within thirty days after doing any of the following for the professional liability insurance policy required by subsection (1) of this section:

(a) Changing the policy or the insurer that issues the policy; or

(b) Canceling or suspending the policy.
C.R.S. § 12-280-133.5 — CO Code / Title 12 / Article 280 / Part 1 / Section 12-280-133.5
12-280-133.5. Nonresident 503B outsourcing facility - registration - requirements - denial, re
Status: in_force

12-280-133.5. Nonresident 503B outsourcing facility - registration - requirements - denial, revocation, or suspension - rules. (1) A nonresident 503B outsourcing facility shall not conduct the business of distributing compounded prescription drugs in this state without first registering with the board as a nonresident 503B outsourcing facility. A nonresident 503B outsourcing facility shall apply for a nonresident 503B outsourcing facility registration on a form furnished by the board and shall submit the following to the board with the application:

(a) Proof that the facility is actively registered with the FDA as a 503B outsourcing facility and is actively licensed, permitted, or registered in the state in which it is a resident;

(b) The location, names, and titles of all principal entity officers and the name of the pharmacist in charge of the operations of the facility;

(c) Verification that the facility complies with all lawful directions and requests for information from the FDA and from the regulatory or licensing agency of the state in which it is licensed, permitted, or registered, as well as with all requests for information made by the board pursuant to this section;

(d) A copy of the most recent inspection report resulting from an inspection conducted by the FDA; and

(e) Any other information the board deems necessary to carry out the purpose of this section.

(2) A nonresident 503B outsourcing facility shall:

(a) Maintain at all times a valid, unexpired license, permit, or registration to operate the 503B outsourcing facility in compliance with the laws of the state in which it is a resident; and

(b) Comply with the requirements of the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., as amended, or the DQSA or with FDA regulations implementing either act.

(3) The board may deny, revoke, or suspend a nonresident 503B outsourcing facility registration if:

(a) The facility fails to comply with this section or with any rule promulgated by the board;

(b) The FDA has revoked or refused to renew the nonresident 503B outsourcing facility's FDA registration for failing to comply with the requirements of the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. sec. 301 et seq., as amended, the DQSA, or FDA regulations implementing either act or the facility's FDA registration has expired or is no longer active; or

(c) The state in which the nonresident 503B outsourcing facility resides has revoked or refused to renew the facility's license, permit, or registration for failing to comply with the laws of that state or the facility's license, permit, or registration in another state has expired or is no longer active.

(4) The board may adopt rules as necessary to implement this section.
C.R.S. § 12-205-114 — CO Code / Title 12 / Article 205 / Section 12-205-114
12-205-114. Confidential agreement to limit practice - violation grounds for discipline
Status: in_force

12-205-114. Confidential agreement to limit practice - violation grounds for discipline. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 205.

(2) This section and section 12-30-108 do not apply to a licensee subject to discipline under section 12-205-111 (2)(c).
C.R.S. § 12-105-121 — CO Code / Title 12 / Article 105 / Section 12-105-121
12-105-121. Unauthorized practice - penalties - fines
Status: in_force

12-105-121. Unauthorized practice - penalties - fines. (1) Any person who practices or offers or attempts to practice barbering, hairstyling, esthetics, manicuring, or cosmetology without an active license issued under this article 105 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2) In addition to any other penalty, any person who violates the provisions of this article 105 or the rules of the director promulgated under this article 105 may be fined by the director upon a finding of a violation, pursuant to article 4 of title 24, as follows:

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

(b) In any subsequent administrative proceeding against any person for transactions occurring after a final agency action determining that a violation of this article 105 has occurred, a fine of not less than one thousand dollars but not more than two thousand dollars per day per violation.
C.R.S. § 12-10-612 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-612
12-10-612. Denial of license or certificate - renewal - definition
Status: in_force

12-10-612. Denial of license or certificate - renewal - definition. (1) The board may determine whether an applicant for licensure or certification possesses the necessary qualifications for licensure or certification required by this part 6. The board may consider such qualities as the applicant's fitness and prior professional licensure and whether the applicant has been convicted of a crime. As used in this subsection (1), "applicant" includes any individual who owns, in whole or in part, directly or indirectly, an appraisal management company and any appraiser designated as a controlling appraiser by a partnership, limited liability company, or corporation acting as an appraisal management company.

(2) If the board determines that an applicant does not possess the applicable qualifications required by this part 6, or the applicant has violated this part 6, rules promulgated by the board, or any board order, the board may deny the applicant a license or certificate or deny the renewal or reinstatement of a license or certificate pursuant to section 12-10-610, and, in such instance, the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications or professional competence required by this part 6. The applicant may request a hearing on the determination as provided in section 24-4-104 (9).
C.R.S. § 12-110-112 — CO Code / Title 12 / Article 110 / Section 12-110-112
12-110-112. Toughperson fighting prohibited
Status: in_force

12-110-112. Toughperson fighting prohibited. (1) Toughperson fighting is prohibited in the state of Colorado. No person or entity shall promote, advertise, conduct, or compete or participate in toughperson fighting. No license or permit shall be issued for toughperson fighting or for any contests or exhibitions of a similar nature.

(2) Any violation of this section is a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
C.R.S. § 12-105-114 — CO Code / Title 12 / Article 105 / Section 12-105-114
12-105-114. Fees
Status: in_force

12-105-114. Fees. Fees shall be as established pursuant to section 12-20-105 and shall not be refunded.
C.R.S. § 12-155-111 — CO Code / Title 12 / Article 155 / Section 12-155-111
12-155-111. Credit for experience received outside of Colorado
Status: in_force

12-155-111. Credit for experience received outside of Colorado. For all applicants seeking work experience credit toward licensure for plumbing work experience received outside of Colorado, the board shall give credit for such work experience if the applicant can show to the satisfaction of the board that the particular experience is adequate to comply with the requirements of this article 155.
C.R.S. § 12-215-108 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-108
12-215-108. Application for license - fee - examination
Status: in_force

12-215-108. Application for license - fee - examination. Any person who fulfills the minimum educational requirements prescribed by this article 215 and by the board, who is twenty-one years of age or older, who desires to obtain a license to practice chiropractic in this state, and who is not entitled to a license to practice chiropractic under other provisions of this article 215 may apply for a license upon the forms and in the manner prescribed by the board, which application shall be accompanied by an examination fee. The board may refuse to examine or license an applicant if the applicant has committed any act that would be grounds for disciplinary action against a licensed chiropractor. The applicant shall be examined by the board or the board's designee in the subjects outlined in section 12-215-106 to determine the applicant's qualifications to practice chiropractic. A license shall be granted to all applicants who are found qualified by attaining a passing grade on the examinations adopted by the board. A chiropractic applicant shall not practice electrotherapy until the applicant presents evidence that the applicant has successfully completed a course of not less than one hundred twenty classroom hours in this subject at a school approved by the board or under the instruction of an approved provider.
C.R.S. § 12-245-204 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-204
12-245-204. Boards - division to supervise - meetings - duties - powers - rules - removal of
Status: in_force

12-245-204. Boards - division to supervise - meetings - duties - powers - rules - removal of members - limitation on authority. (1) Each board shall be under the supervision and control of the division.

(2) In addition to all other powers and duties conferred or imposed upon each board by this article 245 or by any other law, each board shall have the powers specified in this section.

(3) (a) (I) Each board shall annually hold a meeting and elect from its membership a chairperson and vice-chairperson. Each board shall meet at such times as it deems necessary or advisable or as deemed necessary and advisable by the chairperson or a majority of its members. Each board may conduct meetings by electronic means. Each board shall give reasonable notice of its meetings in the manner prescribed by law. A majority of each board constitutes a quorum at any meeting or hearing.

(II) All meetings are open to the public, except when:

(A) A board, or an administrative law judge acting on behalf of a board, specifically determines that the harm to a complainant or other recipient of services to keep the proceedings or related documents open to the public outweighs the public interest in observing the proceedings; or

(B) The licensee, registrant, or certificate holder is participating in good faith in a program approved by the board designed to end a substance use disorder and the licensee, registrant, or certificate holder has not violated the board's order regarding the person's participation in the treatment program.

(III) If the board determines that it is in the best interest of a complainant or other recipient of services to keep proceedings or related documents closed to the public, the final action of the board must be open to the public without disclosing the name of the client or other recipient. In all open meetings, the board shall take reasonable steps to keep the names of the recipients of services confidential.

(b) The proceedings of each board shall be conducted pursuant to article 4 of title 24.

(4) Each board is authorized to:

(a) Adopt, and from time to time revise, rules pursuant to section 12-20-204;

(b) Adopt an examination;

(c) Examine for, deny, withhold, or approve the license of an applicant pursuant to section 12-245-214, and renew licenses pursuant to section 12-245-205;

(d) Appoint advisory committees to assist in the performance of its duties;

(e) Conduct hearings in accordance with section 12-20-403 as necessary to carry out its powers and duties.

(5) In carrying out its duties related to the approval of applications for licensure, registration, or certification pursuant to this section, section 12-245-214, and this article 245, each board shall delegate the function of the preliminary review and approval of applications to the staff of the board, with approval of an application ratified by action of the board if ratification is deemed necessary by the board. Each board, in its sole discretion, may individually review any application requiring board consideration prior to the approval of the application pursuant to section 12-245-214 and this article 245.

(6) Each board shall maintain current lists of the names of all licensees, registrants, and certificate holders and records of cases and decisions rendered by the board. In addition, each board shall keep an accurate record of the results of all examinations.

(7) Publications of each board intended for circulation in quantity outside the board shall be issued in accordance with the provisions of section 24-1-136.

(8) Any board member having an immediate personal, private, or financial interest in any matter pending before the board shall disclose the fact and shall not vote upon the matter.

(9) The governor may remove any board member for misconduct, incompetence, or neglect of duty. Actions constituting neglect of duty shall include, but not be limited to, the failure of board members to attend three consecutive meetings or at least three-quarters of the board's meetings in any one calendar year.

(10) The boards shall develop rules or policies to provide guidance to persons licensed, registered, or certified pursuant to this article 245 to assist in determining whether a relationship with a client or potential client is likely to impair his or her professional judgment or increase the risk of client exploitation in violation of section 12-245-224 (1)(i).

(11) The authority granted each board under the provisions of this article 245 does not authorize a board to arbitrate or adjudicate fee disputes between licensees, registrants, or certificate holders, or between a licensee, registrant, or certificate holder and any other party.
C.R.S. § 12-10-403 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-403
12-10-403. Relationships between brokers and the public - definition - rules
Status: in_force

12-10-403. Relationships between brokers and the public - definition - rules. (1) When engaged in any of the activities enumerated in section 12-10-201 (6), a broker may act in any transaction as a single agent or transaction-broker. The broker's general duties and obligations arising from that relationship shall be disclosed to the seller and the buyer or to the landlord and the tenant pursuant to section 12-10-408.

(2) A broker shall be considered a transaction-broker unless a single agency relationship is established through a written agreement between the broker and the party or parties to be represented by the broker.

(3) A broker may work with a single party in separate transactions pursuant to different relationships including, but not limited to, selling one property as a seller's agent and working with that seller in buying another property as a transaction-broker or buyer's agent, but only if the broker complies with this part 4 in establishing the relationships for each transaction.

(4) (a) A broker licensed pursuant to part 2 of this article 10, whether acting as a single agent or transaction-broker, may complete standard forms for use in a real estate transaction, including standard forms intended to convey personal property as part of the real estate transaction, when a broker is performing the activities enumerated or referred to in section 12-10-201 (6) in the transaction.

(b) As used in this subsection (4), "standard form" means:

(I) A form promulgated by the real estate commission for current use by brokers, also referred to in this section as a "commission-approved form";

(II) A form drafted by a licensed Colorado attorney representing the broker, employing broker, or brokerage firm, so long as the name of the attorney or law firm and the name of the broker, employing broker, or brokerage firm for whom the form is prepared are included on the form itself;

(III) A form provided by a party to the transaction if the broker is acting in the transaction as either a transaction-broker or as a single agent for the party providing the form to the broker, so long as the broker retains written confirmation that the form was provided by a party to the transaction;

(IV) A form prescribed by a governmental agency, a quasi-governmental agency, or a lender regulated by state or federal law, if use of the form is mandated by the agency or lender;

(V) A form issued with the written approval of the Colorado Bar Association or its successor organization and specifically designated for use by brokers in Colorado, so long as the form is used within any guidelines or conditions specified by the Colorado Bar Association or successor organization in connection with the use of the form;

(VI) A form used for disclosure purposes only, if the disclosure does not purport to waive or create any legal rights or obligations affecting any party to the transaction and if the form provides only information concerning either:

(A) The real estate involved in the transaction specifically; or

(B) The geographic area in which the real estate is located generally;

(VII) A form prescribed by a title company that is providing closing services in a transaction for which the broker is acting either as a transaction-broker or as a single agent for a party to the transaction; or

(VIII) A letter of intent created or prepared by a broker, employing broker, or brokerage firm, so long as the letter of intent states on its face that it is nonbinding and creates no legal rights or obligations.

(c) A broker shall use a commission-approved form when such a form exists and is appropriate for the transaction. A broker's use of any standard form described in subsection (4)(b)(III) or (4)(b)(IV) of this section must be limited to inserting transaction-specific information within the form. In using standard forms described in subsection (4)(b)(II), (4)(b)(V), (4)(b)(VI), (4)(b)(VII), or (4)(b)(VIII) of this section, the broker may also advise the parties as to effects thereof, and the broker's use of those standard forms must be appropriate for the transaction and the circumstances in which they are used. In any transaction described in this subsection (4), the broker shall advise the parties that the forms have important legal consequences and that the parties should consult legal counsel before signing the forms.

(5) Nothing contained in this section shall prohibit the public from entering into written contracts with any broker that contain duties, obligations, or responsibilities that are in addition to those specified in this part 4.

(6) (a) If a real estate brokerage firm has more than one licensed natural person, the employing broker or an individual broker employed or engaged by that employing broker shall be designated to work with the seller, landlord, buyer, or tenant as a designated broker. The employing broker may designate more than one of its individual brokers to work with a seller, landlord, buyer, or tenant.

(b) The brokerage relationship established between the seller, landlord, buyer, or tenant and a designated broker, including the duties, obligations, and responsibilities of that relationship, shall not extend to the employing broker nor to any other broker employed or engaged by that employing broker who has not been so designated and shall not extend to the firm, partnership, limited liability company, association, corporation, or other entity that employs the broker.

(c) A real estate broker may have designated brokers working as single agents for a seller or landlord and a buyer or tenant in the same real estate transaction without creating dual agency for the employing real estate broker, or any broker employed or engaged by that employing real estate broker.

(d) An individual broker may be designated to work for both a seller or landlord and a buyer or tenant in the same transaction as a transaction-broker for both, as a single agent for the seller or landlord treating the buyer or tenant as a customer, or as a single agent for a buyer or tenant treating the seller or landlord as a customer, but not as a single agent for both. The applicable designated broker relationship shall be disclosed in writing to the seller or landlord and buyer or tenant in a timely manner pursuant to rules promulgated by the real estate commission.

(e) A designated broker may work with a seller or landlord in one transaction and work with a buyer or tenant in another transaction.

(f) When a designated broker serves as a single agent pursuant to section 12-10-404 or 12-10-405, there shall be no imputation of knowledge to the employing or employed broker who has not been so designated.

(g) The extent and limitations of the brokerage relationship with the designated broker shall be disclosed to the seller, landlord, buyer, or tenant working with that designated broker pursuant to section 12-10-408.

(7) No seller, buyer, landlord, or tenant shall be vicariously liable for a broker's acts or omissions that have not been approved, directed, or ratified by the seller, buyer, landlord, or tenant.

(8) Nothing in this section shall be construed to limit the employing broker's or firm's responsibility to supervise licensees employed by the broker or firm nor to shield the broker or firm from vicarious liability.
C.R.S. § 12-275-119 — CO Code / Title 12 / Article 275 / Section 12-275-119
12-275-119. Patient's exercise of free choice - release of patient records - rules
Status: in_force

12-275-119. Patient's exercise of free choice - release of patient records - rules. (1) No person shall interfere with any patient's exercise of free choice in the selection of practitioners licensed to perform examinations for refractions and visual training or corrections within the field for which their respective licenses entitle them to practice.

(2) An optometrist shall release to a patient all medical records pursuant to section 25-1-802.

(3) The optometrist shall release to the patient, upon written request, a valid, written contact lens prescription at the time the optometrist would otherwise replace a contact lens without any additional preliminary examination or fitting. The board shall promulgate rules defining the components of a valid written contact lens prescription.
C.R.S. § 12-295-102 — CO Code / Title 12 / Article 295 / Section 12-295-102
12-295-102. Applicability of common provisions
Status: in_force

12-295-102. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 295.
C.R.S. § 12-220-508 — CO Code / Title 12 / Article 220 / Part 5 / Section 12-220-508
12-220-508. Practice of dental therapy - supervision requirement - rules
Status: in_force

12-220-508. Practice of dental therapy - supervision requirement - rules. (1) (a) A dental therapist may perform the following tasks and procedures under the direct supervision of a licensed dentist:

(I) Prepare and place direct restorations in primary and permanent teeth;

(II) Perform brush biopsies;

(III) Extract periodontally diseased permanent teeth with mobility of +3 to +4, except for teeth that are unerupted, impacted, fractured, or require sectioning;

(IV) Extract primary teeth that are erupted or not impacted with radiological evidence of roots;

(V) Oral examination and evaluation for conditions and services that are within the dental therapist's scope of practice and education;

(VI) Place temporary crowns;

(VII) Prepare and place preformed crowns; and

(VIII) Repair defective prosthetic devices.

(b) A dental therapist licensed pursuant to this article 220 who has completed one thousand hours or more under direct supervision, or who has completed the direct supervision hours required under the waiver described in subsection (1)(e) of this section, may practice the tasks and procedures identified in subsection (1)(a) of this section under the indirect supervision of a licensed dentist pursuant to a written articulated plan with the dentist that meets the requirements of subsection (2) of this section.

(c) A dental therapist licensed pursuant to this article 220 may perform the following tasks under the indirect supervision of a licensed dentist, regardless of the number of hours the dental therapist has practiced:

(I) Reimplanting teeth;

(II) Stabilizing reimplanted teeth;

(III) Extracting primary teeth that are erupted or not impacted without radiological evidence of roots;

(IV) Removing sutures;

(V) Preparing dental study casts;

(VI) Administering local anesthesia in accordance with section 12-220-411;

(VII) Dispensing and administering the following drugs within the parameters of a written articulated plan and with the authorization of the supervising dentist: Nonnarcotic analgesics, anti-inflammatories, and antibiotics; and

(VIII) Any task or procedure authorized to be performed by a licensed dental hygienist as specified in rules adopted pursuant to sections 12-220-106 (1)(a)(I), 12-220-501, 12-220-503 (1), 12-220-504 (1), and 12-220-505.

(d) A dental therapist shall complete at least a majority of the direct supervision hours required under subsection (1)(b) or (1)(e) of this section performing the tasks and procedures identified in subsection (1)(a) of this section.

(e) For the purposes of satisfying the practice hours requirement specified in subsection (1)(a) of this section, the board, by rule, may waive up to six hundred hours of the required practice hours. In promulgating these rules, the board shall, at a minimum, consider the number of years the dental therapist has practiced as:

(I) A licensed dental hygienist in Colorado;

(II) A licensed dental hygienist in another state; or

(III) A licensed dental therapist in another state.

(2) (a) An articulated plan between a dental therapist and a dentist must include:

(I) Methods of dentist supervision, consultation, and approval;

(II) Protocols for informed consent, record keeping, quality assurance, and dispensing or administering medications;

(III) Policies for handling referrals when a patient needs services the dental therapist is not authorized or qualified to provide;

(IV) Protocols for assessment of dental disease and the formulation of an individualized treatment plan authorized by the supervising dentist;

(V) Policies for handling medical emergencies; and

(VI) Policies for supervising dental assistants and working with dental hygienists and other dental practitioners and staff.

(b) (I) A dentist who enters into a written articulated plan with a dental therapist shall ensure that the dentist, or another dentist, is available to the dental therapist for timely communication during the dental therapist's provision of care to a patient.

(II) A dental therapist and a dentist who enter into a written articulated plan shall each maintain a physical or digital copy of the plan.

(III) A dental therapist may enter into written articulated plans with more than one dentist if each articulated plan includes the same supervision requirements and scope of practice.

(c) A written articulated plan must be signed by the dentist and the dental therapist.

(d) For purposes of this section, a written articulated plan satisfies the requirement of prior knowledge and consent for indirect supervision.

(3) (a) Except as provided in subsection (3)(b) or (3)(c) of this section, a dentist may not simultaneously supervise more than three full-time or full-time-equivalent dental therapists.

(b) A dentist may supervise an additional two full-time or full-time-equivalent dental therapists who practice in a federally qualified health center pursuant to 42 U.S.C. sec. 1395x (aa)(4) or a rural health clinic pursuant to 42 U.S.C. sec. 1395x (aa)(4).

(c) The board shall promulgate rules creating a process for a dentist to seek a waiver from the supervision limit specified in subsection (3)(a) of this section. At a minimum, the rules must specify the application process and waiver requirements.
C.R.S. § 12-255-213 — CO Code / Title 12 / Article 255 / Part 2 / Section 12-255-213
12-255-213. Surrender of certificate
Status: in_force

12-255-213. Surrender of certificate. (1) Prior to the initiation of an investigation or hearing, any certified nurse aide may surrender the aide's certificate to practice as a nurse aide to the board.

(2) Following the initiation of an investigation or hearing and upon a finding that to conduct the investigation or hearing would not be in the public interest, the board may allow a certified nurse aide to surrender the aide's certificate to practice.

(3) The surrender of a certificate in accordance with this section removes all rights and privileges to practice as a nurse aide, including the right to apply for renewal of a certificate.
C.R.S. § 12-245-212 — CO Code / Title 12 / Article 245 / Part 2 / Section 12-245-212
12-245-212. Professional review committees - immunity
Status: in_force

12-245-212. Professional review committees - immunity. (1) (a) Subject to the requirements of subsection (1)(b) of this section, a professional review committee may be established pursuant to this subsection (1) to investigate the quality of care being given by a person licensed, registered, or certified pursuant to this article 245. If a professional review committee is established, it must include in its membership at least three persons licensed, registered, or certified under this article 245, and the persons must be licensees, registrants, or certificate holders in the same profession as the licensee, registrant, or certificate holder who is the subject of a professional review proceeding.

(b) A professional review committee may be authorized to act only by a society or an association of persons licensed, registered, or certified pursuant to this article 245 whose membership includes not less than one-third of the persons licensed, registered, or certified pursuant to this article 245 residing in this state if the licensee, registrant, or certificate holder whose services are the subject of review is a member of the society or association.

(2) In addition to the persons specified in section 12-20-402, a member of a professional review committee authorized by a board, a member of staff to a committee, a person acting as a witness or consultant to a committee, a witness testifying in a proceeding authorized under this article 245, and a person who lodges a complaint pursuant to this article 245 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.
C.R.S. § 12-215-119 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-119
12-215-119. Professional review committee - immunity
Status: in_force

12-215-119. Professional review committee - immunity. (1) If a professional review committee is established pursuant to this section to investigate the quality of care, including utilization review, being given by a person licensed pursuant to this article 215, it shall include in its membership at least three persons licensed under this article 215, but such committee may be authorized to act only by:

(a) The board; or

(b) A society or an association of persons licensed pursuant to this article 215 whose membership includes not less than one-third of the persons licensed pursuant to this article 215 residing in this state if the licensee whose services are the subject of review is a member of such society or association.

(2) In addition to the persons specified in section 12-20-402, any member of a professional review committee, the professional review committee's staff, any person acting as a witness or consultant to the committee, any witness testifying in a proceeding authorized under this article 215, and any person who lodges a complaint pursuant to this article 215 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.
C.R.S. § 12-240-144 — CO Code / Title 12 / Article 240 / Section 12-240-144
12-240-144. Licensee duties relating to assistance animals - definitions
Status: in_force

12-240-144. Licensee duties relating to assistance animals - definitions. (1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:

(a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or

(b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.

(2) This section does not:

(a) Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;

(b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or

(c) Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

(3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee:

(a) Has met with the patient in person or by telemedicine;

(b) Is sufficiently familiar with the patient and the disability; and

(c) Is legally and professionally qualified to make the determination.

(4) For purposes of this section:

(a) "Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended.

(b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(c) "Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended.
C.R.S. § 12-165-102 — CO Code / Title 12 / Article 165 / Section 12-165-102
12-165-102. Legislative declaration
Status: in_force

12-165-102. Legislative declaration. The general assembly hereby finds and declares that the prevalence of Colorado homes with excessive levels of radon has created a market in which unqualified individuals are representing themselves and practicing as radon professionals. Radon is the second leading cause of lung cancer, causing approximately twenty thousand deaths a year in the United States, including five hundred deaths in Colorado. Therefore, to protect the public, it is necessary to establish minimum qualifications for radon professionals and to require professionals who possess such qualifications to acquire a license before performing radon measurement or radon mitigation.
C.R.S. § 12-295-120 — CO Code / Title 12 / Article 295 / Section 12-295-120
12-295-120. Confidential agreement to limit practice
Status: in_force

12-295-120. 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 295.

(2) This section and section 12-30-108 do not apply to a psychiatric technician subject to discipline under section 12-295-111 (1)(i).
C.R.S. § 12-285-125 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-125
12-285-125. Confidential agreements
Status: in_force

12-285-125. Confidential agreements. Section 12-30-108 concerning confidential agreements to limit practice applies to this article 285.
C.R.S. § 12-240-123 — CO Code / Title 12 / Article 240 / Section 12-240-123
12-240-123. Prescriptions - limitations
Status: in_force

12-240-123. Prescriptions - limitations. A physician or physician assistant is subject to the limitations on prescriptions specified in section 12-30-109.
C.R.S. § 12-205-111 — CO Code / Title 12 / Article 205 / Section 12-205-111
12-205-111. Grounds for discipline - disciplinary proceedings - definitions
Status: in_force

12-205-111. Grounds for discipline - disciplinary proceedings - definitions. (1) The director may take disciplinary action against a licensee if the director finds that the licensee has represented himself or herself as a licensee after the expiration, suspension, or revocation of the license.

(2) The director may take disciplinary or other action in accordance with section 12-20-404 or issue a cease-and-desist order in accordance with section 12-205-112 upon reasonable grounds that the licensee:

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

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

(II) "Therapeutic relationship" means the period beginning with the initial evaluation and ending upon the written termination of treatment. When an individual receiving services is an athlete participating on a sports team operated under the auspices of a bona fide amateur sports organization or an accredited educational institution that employs the licensee, the therapeutic relationship exists from the time the athlete becomes affiliated with the team until the affiliation ends or the athletic trainer terminates the provision of athletic training services to the team, whichever occurs first.

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

(c) Excessively or habitually uses or abuses or has engaged in excessive or habitual use or abuse of alcohol, a habit-forming drug, a controlled substance, as defined in section 18-18-102 (5), or any other drug having similar effects; except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in a program approved by the director designed to end the excessive or habitual use or abuse;

(d) (I) Has failed to notify the director, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the licensee's ability to provide athletic training services with reasonable skill and safety or that may endanger the health or safety of individuals receiving athletic training services;

(II) Has failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform athletic training with reasonable skill and safety or that may endanger the health or safety of persons under the licensee's care; or

(III) Has failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-205-114;

(e) Has had a registration or license suspended or revoked for actions that are a violation of this article 205 or an applicable provision of article 20 or 30 of this title 12;

(f) Has been convicted of or pled guilty or nolo contendere to a felony or any crime defined in title 18. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is prima facie evidence of the conviction or plea. In considering the disciplinary action, the director is governed by sections 12-20-202 (5) and 24-5-101.

(g) Has practiced athletic training without a license;

(h) Has failed to notify the director of any disciplinary action in regard to the person's past or currently held license, certificate, or registration required to practice athletic training in this state or any other jurisdiction;

(i) Has refused to submit to a physical or mental examination when so ordered by the director pursuant to section 12-205-113;

(j) Has failed to practice pursuant to the direction of a Colorado-licensed or otherwise lawfully practicing physician or physician assistant;

(k) Has practiced athletic training in a manner that fails to meet generally accepted standards of athletic training practice; or

(l) Has otherwise violated any provision of this article 205 or an applicable provision of article 20 or 30 of this title 12.

(3) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.

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

(b) In any proceeding held under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a licensee in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 205.

(5) Disciplinary proceedings shall be conducted in accordance with article 4 of title 24 and section 12-20-403. The director has the authority to exercise all powers and duties conferred by this article 205 during the disciplinary proceedings.

(6) (a) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 205.

(b) In accordance with section 12-20-403, the director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.

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

(8) An employer of an athletic trainer shall report to the director any disciplinary action taken against the athletic trainer or the resignation of the athletic trainer in lieu of disciplinary action for conduct that violates this article 205.
C.R.S. § 12-20-102 — CO Code / Title 12 / Article 20 / Part 1 / Section 12-20-102
12-20-102. Definitions
Status: in_force

12-20-102. Definitions. As used in this title 12, unless the context otherwise requires:

(1) "Applicant" means a person applying, pursuant to a part or article of this title 12, for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration that is authorized pursuant to that part or article.

(2) "Board" means a board created within the division by a part or article of this title 12 that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article.

(3) "Certificate" or "certification" means a credential that demonstrates that a person has the qualifications required by a part or article of this title 12 to practice the profession or occupation regulated by that part or article.

(4) "Certificate holder" or "certificant" means a person that has a valid certificate.

(5) "Commission" means a commission created within the division by a part or article of this title 12 that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article.

(6) "Director" means the director of the division or the director's designee.

(7) "Division" means the division of professions and occupations created in the department pursuant to section 12-20-103.

(7.5) (a) "Driver's history" means a driver's history record made and maintained in accordance with section 42-2-121 (2).

(b) "Driver's history" does not include a misdemeanor or felony conviction, notwithstanding that the conviction is included within the driver's history record made and maintained in accordance with section 42-2-121 (2).

(8) "Law" means the federal and state constitutions, statutes, rules, and case law.

(9) "License" means a grant of authority issued by the director or a board or commission pursuant to a part or article of this title 12 that authorizes a person to engage in a profession or occupation regulated by that part or article.

(10) "Licensee" means a person regulated by a part or article of this title 12 that is licensed pursuant to that part or article.

(10.5) "Occupational credential portability program" means the program established pursuant to section 12-20-202 (3) and rules adopted by a regulator pursuant to that section.

(11) "Register" means to record the information required by a part or article of this title 12 in the form and manner determined by the regulator that regulates the practice of a profession or occupation pursuant to that part or article. "Registered" and "registration" have corresponding meanings.

(12) "Registrant" means a person that is currently registered.

(13) "Regulate" means to subject a person to a requirement, including a requirement to obtain a license, certification, or registration, pursuant to a part or article of this title 12 and rules adopted pursuant to that part or article of this title 12 in order to practice a profession or occupation. "Regulation" has a corresponding meaning.

(14) "Regulator" means, within a particular part or article of this title 12, the director or a board or commission, as appropriate, that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article.
C.R.S. § 12-245-505 — CO Code / Title 12 / Article 245 / Part 5 / Section 12-245-505
12-245-505. Rights and privileges of licensure and registration - title
Status: in_force

12-245-505. Rights and privileges of licensure and registration - title. (1) Any person who possesses a valid, unsuspended, and unrevoked license as a licensed marriage and family therapist pursuant to section 12-245-504 has the right to engage in the private, independent practice of marriage and family therapy and has the right to practice and supervise marriage and family therapy practice and use the title "licensed marriage and family therapist" and the abbreviation "LMFT". No other person shall assume these titles or use these abbreviations on any work or letter, sign, figure, or device to indicate that the person using the same is a licensed marriage and family therapist.

(2) No person may engage in the practice of marriage and family therapy unless the person is licensed pursuant to this part 5.

(3) Any person duly licensed as a licensed marriage and family therapist shall not be required to obtain any other license or certification to practice marriage and family therapy unless otherwise required by the state board of marriage and family therapist examiners.

(4) Nothing in this part 5 shall be construed to prevent members of other professions licensed under the laws of this state from rendering services within the scope of practice as set out in the statutes regulating their professional practices, so long as they do not represent themselves to be marriage and family therapists, or their services as marriage and family therapy.

(5) Nothing in this part 5 prevents the practice of psychotherapy by persons registered with the state board of unlicensed psychotherapists pursuant to section 12-245-703.
C.R.S. § 12-315-205 — CO Code / Title 12 / Article 315 / Part 2 / Section 12-315-205
12-315-205. Veterinary technicians - registration by endorsement
Status: in_force

12-315-205. Veterinary technicians - registration by endorsement. The board may issue a registration by endorsement to a veterinary technician applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-255-116 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-116
12-255-116. Persons licensed under previous laws
Status: in_force

12-255-116. Persons licensed under previous laws. Any person holding a valid Colorado license to engage in the practice of practical or professional nursing issued prior to July 1, 1980, shall continue to be licensed under the provisions of this part 1.
C.R.S. § 12-240-146 — CO Code / Title 12 / Article 240 / Section 12-240-146
12-240-146. Interstate compact - powers and duties of the board - rules - definitions
Status: in_force

12-240-146. Interstate compact - powers and duties of the board - rules - definitions. (1) As used in this section:

(a) "Adverse action" has the meaning set forth in section 24-60-4702.

(b) "Commission" means the PA licensure compact commission created in section 24-60-4702.

(c) "Compact" means the physician assistant licensure compact authorized in part 47 of article 60 of title 24.

(d) "Compact privilege" has the meaning set forth in section 24-60-4702.

(e) "Data system" has the meaning set forth in section 24-60-4702.

(f) "Investigative information" has the meaning set forth in section 24-60-4702.

(g) "Licensee" has the meaning set forth in section 24-60-4702.

(h) "Licensing board" has the meaning set forth in section 24-60-4702.

(i) "Medical services" has the meaning set forth in section 24-60-4702.

(j) "Participating state" means a state that has enacted the compact.

(k) "Significant investigative information" has the meaning set forth in section 24-60-4702.

(2) In addition to any powers and duties specified in the compact for participating states, the board has the following powers and duties with regard to the compact:

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

(b) To comply with the rules of the commission;

(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;

(d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact;

(e) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee;

(f) To require a licensee to submit to a fingerprint-based criminal history record check in accordance with the following:

(I) The applicant must pay the costs associated with the fingerprint-based criminal history record check;

(II) After submitting an application for a compact privilege, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall 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.

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

(IV) 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, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(V) The Colorado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a compact privilege.

(VI) The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a participating state, or other state licensing boards.

(g) To grant a compact privilege to a licensee of a participating state in accordance with the terms of the compact and to charge a fee to individuals applying for the compact privilege;

(h) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and

(i) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.

(3) A physician assistant providing medical services to a patient in Colorado pursuant to the compact is subject to the requirements of sections 12-240-107 (6) and 12-240-114.5 and, if the physician assistant is practicing podiatry, section 12-290-117.
C.R.S. § 12-270-111 — CO Code / Title 12 / Article 270 / Section 12-270-111
12-270-111. Limitations on authority
Status: in_force

12-270-111. Limitations on authority. (1) Nothing in this article 270 authorizes an occupational therapist to engage in the practice of medicine, as defined in section 12-240-107; optometry, as described in article 275 of this title 12; or any other form of healing except as authorized by this article 270.

(2) Nothing in this section prevents an occupational therapist from making an occupational therapy diagnosis within the occupational therapist's scope of practice.
C.R.S. § 12-245-308 — CO Code / Title 12 / Article 245 / Part 3 / Section 12-245-308
12-245-308. Psychology interjurisdictional compact act - powers and duties of the board - ru
Status: in_force

12-245-308. Psychology interjurisdictional compact act - powers and duties of the board - rules - definition. (1) For purposes of this section, "compact" means the psychology interjurisdictional compact authorized in part 39 of article 60 of title 24. With regard to the compact, the board has the following powers and duties:

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

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

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

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

(e) To regulate psychologist temporary authorization to practice in accordance with the compact;

(f) To notify the psychology interjurisdictional compact commission of any adverse action regarding a licensed psychologist;

(g) To provide uniform data to a coordinated license information system consistent with the rules of the psychology interjurisdictional compact commission;

(h) To approve payment of assessments levied by the psychology interjurisdictional compact commission to cover the cost of the operations and activities of the commission and its staff.
C.R.S. § 12-110-113 — CO Code / Title 12 / Article 110 / Section 12-110-113
12-110-113. Immunity
Status: in_force

12-110-113. Immunity. In addition to the persons specified in section 12-20-402, the office director, the office director's staff, any person acting as a witness or consultant to the office director, any witness testifying in a proceeding authorized under this article 110, and any person who lodges a complaint pursuant to this article 110 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.
C.R.S. § 12-115-113 — CO Code / Title 12 / Article 115 / Section 12-115-113
12-115-113. License by endorsement or reciprocity - rules
Status: in_force

12-115-113. License by endorsement or reciprocity - rules. (1) The board shall issue an electrical license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure.

(2) The board shall issue an electrical license by reciprocity where a reciprocal agreement for an equivalent license exists, pursuant to section 12-115-107 (2)(i), between the board and the electrical board, or its equivalent, of the state or states where the applicant is licensed. The board shall strive to reduce barriers for Colorado licensees to be licensed by endorsement or through reciprocity in other states.

(3) The board may specify by rule what shall constitute substantially equivalent credentials and qualifications.
C.R.S. § 12-215-125 — CO Code / Title 12 / Article 215 / Part 1 / Section 12-215-125
12-215-125. Reporting requirements
Status: in_force

12-215-125. Reporting requirements. A person licensed to practice chiropractic in this state shall report to the board any chiropractor known or believed to have violated this article 215.
C.R.S. § 12-310-106 — CO Code / Title 12 / Article 310 / Section 12-310-106
12-310-106. Grounds for discipline - disciplinary proceedings - judicial review
Status: in_force

12-310-106. Grounds for discipline - disciplinary proceedings - judicial review. (1) The director may take disciplinary action against a registrant if the director finds that the registrant has represented himself or herself as a registered surgical assistant or technologist after the expiration, suspension, or revocation of his or her registration.

(2) The director may take disciplinary or other action as authorized in section 12-20-404 against, or issue a cease-and-desist order in accordance with section 12-20-405 to, a registrant in accordance with this section and section 12-20-403, upon proof that the registrant:

(a) Has performed the duties of a surgical assistant or surgical technologist without being registered;

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

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

(d) Has failed to:

(I) Notify the director, as required by section 12-30-108 (1), of a physical condition or disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services;

(II) Act within the limitations created by a physical condition or disability, a behavioral, mental health, or substance use disorder, or an intellectual and developmental disability that renders the registrant unable to perform the registrant's tasks with reasonable skill and safety or that may endanger the health or safety of individuals receiving services; or

(III) Comply with the limitations agreed to under a confidential agreement entered into pursuant to sections 12-30-108 and 12-310-108.5;

(e) Has violated or aided or abetted or knowingly permitted any person to violate this article 310, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 310, or any lawful order of the director;

(f) Had a registration, license, or certification suspended, revoked, or denied by another jurisdiction for actions that are a violation of this article 310;

(g) Has been convicted of or pled guilty or nolo contendere to a misdemeanor related to drugs or alcohol or a felony. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.

(h) Has fraudulently obtained, furnished, or sold any surgical assistant or surgical technologist diploma, certificate, registration, renewal of registration, or record or aided or abetted the act;

(i) Has failed to notify the director within thirty days of the suspension, revocation, or denial of or of any other disciplinary action regarding the person's past or currently held license, certificate, or registration required to perform the duties of a surgical assistant or surgical technologist in this or any other jurisdiction;

(j) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-310-108;

(k) Has failed to respond to a complaint against the registrant in a materially responsive and timely manner within thirty days after receiving the complaint;

(l) Has practiced outside the scope of the practice of a surgical assistant or surgical technologist;

(m) Has failed to satisfy generally accepted standards of practice as a surgical assistant or surgical technologist; or

(n) Has otherwise violated any provision of this article 310, an applicable provision of article 20 or 30 of this title 12, or any lawful order or rule of the director.

(3) (a) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.

(b) Upon the failure of a registrant to comply with any conditions imposed by the director pursuant to subsection (2) of this section, unless compliance is beyond the control of the registrant, the director may suspend the registration of the registrant until the registrant complies with the conditions of the director.

(4) (a) The director may commence a proceeding to discipline a registrant when the director has reasonable grounds to believe that the registrant has committed an act enumerated in this section or has violated a lawful order or rule of the director.

(b) In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a registrant in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 310.

(5) Disciplinary proceedings shall be conducted in accordance with section 12-20-403 and article 4 of title 24. The director has the authority to exercise all powers and duties conferred by this article 310 during the disciplinary proceedings.

(6) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 310.

(7) In accordance with article 4 of title 24, this article 310, and section 12-20-403, the director is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.

(8) In addition to the persons specified in section 12-20-402, an employer who notifies the director pursuant to section 12-310-105 (1)(b) is granted the same immunity, and is subject to the same conditions for immunity, as specified in section 12-20-402.

(9) A final action of the director is subject to judicial review pursuant to section 12-20-408.

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

(11) The director shall notify the chief medical officer of the department of public health and environment within thirty days after taking action regarding conduct of a registrant that violates either this article 310 or any applicable requirement of title 25 and post a notice of the action on the division's website.

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

(13) The director may issue a confidential letter of concern under the circumstances specified in section 12-20-404 (5).
C.R.S. § 12-20-304 — CO Code / Title 12 / Article 20 / Part 3 / Section 12-20-304
12-20-304. Military spouse - authority to practice - reciprocity - notice
Status: repealed

12-20-304. Military spouse - authority to practice - reciprocity - notice. (Repealed)
C.R.S. § 12-315-310 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-310
12-315-310. Confidentiality and privacy
Status: in_force

12-315-310. Confidentiality and privacy. A licensed veterinarian shall ensure that a client's privacy and confidentiality are protected when the veterinarian is providing veterinary services using telehealth pursuant to the veterinarian's professional and legal obligations.
C.R.S. § 12-115-106 — CO Code / Title 12 / Article 115 / Section 12-115-106
12-115-106. Board under department of regulatory agencies
Status: in_force

12-115-106. Board under department of regulatory agencies. The state electrical board is a type 1 entity, as defined in section 24-1-105. The state electrical board exercises its powers and performs its duties and functions under the department and is allocated to the division.
C.R.S. § 12-315-301 — CO Code / Title 12 / Article 315 / Part 3 / Section 12-315-301
12-315-301. Definitions - rules
Status: in_force

12-315-301. Definitions - rules. As used in this part 3, unless the context otherwise requires:

(1) "Tele-advice" means the provision of any health information, opinion, or guidance by a veterinary professional that is not intended to diagnose, treat, or issue prognoses of an animal's, or group of animals', physical or behavioral illness or injury. A veterinarian-client-patient relationship is not required to provide tele-advice.

(2) "Teleconsulting" means a veterinarian who communicates with a veterinary specialist or other qualified expert using telecommunications technology to gain insight or advice regarding the care of a patient.

(3) "Tele-education" means the use of information and telecommunications technology for distance learning.

(4) (a) "Telehealth" means the use of telecommunications technology to provide veterinary services or to collect and deliver veterinary health information or education virtually and can encompass general veterinary services or patient-specific veterinary services.

(b) "Telehealth" may include tele-advice, teleconsulting, tele-education, telemedicine, telemonitoring, telereferral, telesupervision, teletriage, and other tools that help veterinary professionals deliver veterinary education and services virtually.

(5) "Telemedicine" means the remote practice of veterinary medicine through the use of telecommunications technology that allows a licensed veterinarian with an established veterinarian-client-patient relationship to evaluate, diagnose, and treat a patient virtually.

(6) "Telemonitoring" means the use of telecommunications technology to augment veterinary services by collecting and delivering health information from a patient.

(7) "Telereferral" means a veterinarian with an established veterinarian-client-patient relationship who refers the client to a veterinary specialist to provide veterinary services using telecommunications technology under the established veterinarian-client-patient relationship.

(8) "Telesupervision" means the supervision of individuals providing veterinary services using media such as audio, audio-visual conferencing, text messaging, e-mail, or other virtual or digital technologies.

(9) "Teletriage" means the safe, appropriate, and timely assessment of an animal, or a group of animals, under conditions of uncertainty and urgency, and the possible referral to a licensed veterinarian, after discussion with the individual responsible for the animal or group of animals, using telecommunications technology. A veterinarian-client-patient relationship is not required for such an assessment or referral. "Teletriage" does not include the rendering of a diagnosis but may include the provision of tele-advice.

(10) "Veterinary specialist" means a veterinarian who is formally recognized as a specialist from a specialty organization that is recognized by the American Veterinary Medical Association's American Board of Veterinary Specialties, or its successor organization, or another association that recognizes veterinary specialists that the state board of veterinary medicine has approved by rule.
C.R.S. § 12-10-209 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-209
12-10-209. Record of licensees - publications
Status: in_force

12-10-209. Record of licensees - publications. The commission shall maintain a record of the names and addresses of all licensees licensed under the provisions of parts 2 and 5 of this article 10, together with such other information relative to the enforcement of the provisions as deemed by the commission to be necessary. Publication of the record and of any other information circulated in quantity outside the executive branch shall be in accordance with the provisions of section 24-1-136.
C.R.S. § 12-230-206 — CO Code / Title 12 / Article 230 / Part 2 / Section 12-230-206
12-230-206. Financial assurance required - rules
Status: in_force

12-230-206. Financial assurance required - rules. (1) Before the director issues a license to an applicant for a hearing aid provider license, the applicant shall post a surety bond in the amount of ten thousand dollars, maintain a one-million-dollar professional liability policy, or comply with an alternative as determined by the director. A licensed hearing aid provider shall maintain the required bond, policy, or alternative at all times.

(2) The director may file a claim, or assist a consumer in filing a claim, on the bond, policy, or alternative.

(3) The director, by rule, shall determine the requirements for the financial assurance required by this section.
C.R.S. § 12-10-409 — CO Code / Title 12 / Article 10 / Part 4 / Section 12-10-409
12-10-409. Duration of relationship
Status: in_force

12-10-409. Duration of relationship. (1) (a) The relationships set forth in this part 4 shall commence at the time that the broker is engaged by a party and shall continue until performance or completion of the agreement by which the broker was engaged.

(b) If the agreement by which the broker was engaged is not performed or completed for any reason, the relationship shall end at the earlier of the following:

(I) Any date of expiration agreed upon by the parties;

(II) Any termination or relinquishment of the relationship by the parties; or

(III) One year after the date of the engagement.

(2) (a) Except as otherwise agreed to in writing and pursuant to subsection (2)(b) of this section, a broker engaged as a seller's agent or buyer's agent owes no further duty or obligation after termination or expiration of the contract or completion of performance.

(b) Notwithstanding subsection (2)(a) of this section, a broker shall be responsible after termination or expiration of the contract or completion of performance for the following:

(I) Accounting for all money and property related to and received during the engagement; and

(II) Keeping confidential all information received during the course of the engagement that was made confidential by request or instructions from the engaging party unless:

(A) The engaging party grants written consent to disclose the information;

(B) Disclosure of the information is required by law; or

(C) The information is made public or becomes public by the words or conduct of the engaging party or from a source other than the broker.

(3) Except as otherwise agreed to in writing, a transaction-broker owes no further obligation or responsibility to the engaging party after termination or expiration of the contract for performance or completion of performance; except that the broker shall account for all money and property related to and received during the engagement.
C.R.S. § 12-10-216 — CO Code / Title 12 / Article 10 / Part 2 / Section 12-10-216
12-10-216. Records - evidence - inspection
Status: in_force

12-10-216. Records - evidence - inspection. (1) The executive director shall adopt a seal by which all proceedings authorized under parts 2 and 5 of this article 10 shall be authenticated. Copies of records and papers in the office of the commission or department relating to the administration of parts 2 and 5 of this article 10, when duly certified and authenticated by the seal, shall be received as evidence in all courts equally and with like effect as the originals. All records kept in the office of the commission or department, under authority of parts 2 and 5 of this article 10, must be open to public inspection at such time and in such manner as may be prescribed by rules formulated by the commission.

(2) The commission shall not be required to maintain or preserve licensing history records of any person licensed under the provisions of this part 2 for any period of time longer than seven years.
C.R.S. § 12-10-608 — CO Code / Title 12 / Article 10 / Part 6 / Section 12-10-608
12-10-608. Errors and omissions insurance - duties of the division - certificate of coverag
Status: in_force

12-10-608. Errors and omissions insurance - duties of the division - certificate of coverage - group plan made available - rules. (1) Every licensee under this part 6, except an appraiser who is employed by a state or local governmental entity or an inactive appraiser or appraisal management company, shall maintain errors and omissions insurance to cover all activities contemplated under this part 6. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel any licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division.

(2) (a) If the division is unable to obtain errors and omissions insurance coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section.

(b) The division shall solicit and consider information and comments from interested persons when determining the reasonableness of annual premiums.

(3) The division shall determine the terms and conditions of coverage required under this section based on rules promulgated by the board. Each licensee shall be notified of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the division. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the division by the annual premium renewal date, as determined by the division.

(4) In addition to all other powers and duties conferred upon the board by this part 6, the board is authorized and directed to adopt rules it deems necessary or proper to carry out the requirements of this section.
C.R.S. § 12-30-115 — CO Code / Title 12 / Article 30 / Part 1 / Section 12-30-115
12-30-115. Required disclosure to patients - conviction of or discipline based on sexual mi
Status: in_force

12-30-115. Required disclosure to patients - conviction of or discipline based on sexual misconduct - signed agreement to treatment - exceptions - violation grounds for discipline - rules - definitions. (1) As used in this section:

(a) "Patient" means a person who is seeking or receiving health-care services from a provider. The term includes the parent, legal guardian, or custodian of a patient who is a minor under eighteen years of age or a patient who lacks the legal capacity to consent.

(b) "Provider" means a licensee, certificate holder, or registrant who is subject to the requirements of section 12-30-102.

(2) On or after March 1, 2021, a provider shall disclose to patients any:

(a) Final conviction of or acceptance of a guilty plea by a court for a sex offense, as defined in section 16-11.7-102 (3); or

(b) Final agency action by a regulator that results in probationary status or other limitation on the provider's ability to practice the provider's health-care profession when the final agency action is based in whole or in part on any of the following:

(I) A conviction of or acceptance of a guilty plea by a court for a sex offense, as defined in section 16-11.7-102 (3), or a finding that the provider committed a sex offense as defined in said section; or

(II) A finding that the provider engaged in unprofessional conduct or other conduct that is grounds for discipline under the part or article of this title 12 that regulates the provider's health-care profession, where the failure or conduct is related to, includes, or involves sexual misconduct that results in harm to a patient or presents a significant risk of public harm to patients.

(3) (a) Except as provided in subsection (4) of this section, a provider shall provide the disclosure specified in subsection (2) of this section to the patient in writing, in the form and manner specified by the regulator by rule, before providing professional services to the patient.

(b) For a disclosure of final agency action, the provider shall include the following information, at a minimum, in the written disclosure:

(I) The type, scope, and duration of the agency action imposed, including whether:

(A) The regulator and provider entered into a stipulation;

(B) The agency action resulted from an adjudication decision;

(C) The provider was placed on probation and, if so, the duration and terms of the probation; and

(D) The regulator imposed any limitations on the provider's practice and, if so, a description of the specific limitations and the duration of the limitations;

(II) The nature of the offense or conduct, including the grounds for probation or practice limitations specified in the final agency action;

(III) The date the final agency action was issued;

(IV) The date the probation status or practice limitation ends; and

(V) The contact information for the regulator that imposed the agency action on the provider for the patient to obtain additional information, including information on how to file a complaint.

(c) For a disclosure of a final conviction of or acceptance of a guilty plea by a court for a sex offense, as defined in section 16-11.7-102 (3), the provider shall include the following information, at a minimum, in the written disclosure:

(I) The date that the final judgment of conviction or acceptance of a guilty plea was entered;

(II) The nature of the offense or conduct that led to the final conviction or guilty plea;

(III) The type, scope, and duration of the sentence or other penalty imposed as a result of the final conviction or guilty plea, including whether:

(A) The provider entered a guilty plea or was convicted pursuant to a criminal adjudication; and

(B) The provider was placed on probation and, if so, the duration and terms of the probation and the date the probation ends; and

(IV) The jurisdiction that imposed the final conviction or issued an order approving the guilty plea.

(d) Before treating a patient after a final conviction, guilty plea, or final agency action described in subsection (2) of this section has been imposed or accepted by a court, as applicable, the provider shall obtain the patient's agreement to treatment and acknowledgment of receipt of the disclosure in a form prescribed by the regulator by rule and signed by the provider and the patient. The patient's acknowledgment of receipt of the disclosure does not waive any future claims against the provider.

(e) If a provider is placed on probation as part of a final conviction or acceptance of a guilty plea by a court for a sex offense, as defined in section 16-11.7-102 (3), or on probationary status or other limitation on the provider's ability to practice pursuant to a final agency action described in subsection (2) of this section, the requirement to disclose the conviction, guilty plea, or agency action ends when the provider has satisfied the requirements of the probation or other limitation and is no longer on probation or otherwise subject to a limitation on the ability to practice the provider's profession.

(4) (a) A provider need not make the disclosure required by this section before providing professional services to a patient if any of the following applies:

(I) The patient is unconscious or otherwise unable to comprehend the disclosure and sign an acknowledgment of receipt of the disclosure pursuant to subsection (3)(d) of this section and a guardian of the patient is unavailable to comprehend the disclosure and sign the acknowledgment;

(II) The visit occurs in an emergency room or freestanding emergency department or the visit is unscheduled, including consultations in inpatient facilities; or

(III) The provider who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.

(b) A provider who does not have a direct treatment relationship or have direct contact with the patient is not required to make the disclosure required by this section.

(5) (a) Failure to comply with the requirements of this section:

(I) Constitutes unprofessional conduct or grounds for discipline, as applicable, under the article or part of this title 12 that regulates the provider's health-care profession; and

(II) Does not create a private right of action.

(b) Nothing in this section prevents the discovery of records, reports, or other information, or the admissibility of evidence, related to a provider's failure to comply with the requirements of this section in any civil, criminal, or administrative proceeding.
C.R.S. § 12-120-408 — CO Code / Title 12 / Article 120 / Part 4 / Section 12-120-408
12-120-408. Reconsideration and review of board actions
Status: in_force

12-120-408. Reconsideration and review of board actions. The board, on its own motion or upon application, at any time after the imposition of any discipline as provided in this part 4, may reconsider its prior action and reinstate or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any such further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board.
C.R.S. § 12-1-102 — CO Code / Title 12 / Article 1 / Section 12-1-102
12-1-102. Scope of article
Status: in_force

12-1-102. Scope of article. This article 1 applies to every article in this title 12 except to the extent otherwise specified in another article of this title 12.
C.R.S. § 12-255-133.5 — CO Code / Title 12 / Article 255 / Part 1 / Section 12-255-133.5
12-255-133.5. Licensee duties related to medical forensic evidence
Status: in_force

12-255-133.5. Licensee duties related to medical forensic evidence. (1) A licensee who performs a medical forensic examination as described in section 12-240-139 (1)(b)(I) shall inform the victim:

(a) Of the contact information for the nearest sexual assault victim advocate if the victim makes a law enforcement report pursuant to section 12-240-139 (1)(b)(I)(A);

(b) Of the contact information for the nearest community-based victim advocate pursuant to section 13-90-107 (1)(k)(II) if the victim makes a medical report pursuant to section 12-240-139 (1)(b)(I)(B) or an anonymous report pursuant to section 12-240-139 (1)(b)(I)(C); and

(c) That any forensic medical evidence collected must be maintained until after the assailant may no longer be prosecuted for the crime and that the victim must be notified prior to the destruction of such evidence.
C.R.S. § 12-285-109 — CO Code / Title 12 / Article 285 / Part 1 / Section 12-285-109
12-285-109. License required
Status: in_force

12-285-109. License required. Except as otherwise provided by this article 285, any person who practices physical therapy or who represents himself or herself as being able to practice physical therapy in this state must possess a valid license under this article 285.
C.R.S. § 12-315-107 — CO Code / Title 12 / Article 315 / Part 1 / Section 12-315-107
12-315-107. Application for license - qualifications - rules
Status: in_force

12-315-107. Application for license - qualifications - rules. (1) Any person twenty-one years of age or older desiring a license to practice veterinary medicine in this state shall apply for the license in a manner approved by the board.

(2) In the application for licensure, the applicant shall demonstrate that the applicant has:

(a) (I) Graduated from an accredited school of veterinary medicine; or

(II) Graduated from a nonaccredited school of veterinary medicine and received a certificate from a national program approved by the board that assesses educational equivalency of graduates from nonaccredited schools of veterinary medicine; and

(b) Passed an examination approved by the board by rule.

(3) The board may deny a license or may grant a license subject to terms of probation if the board determines that an applicant for a license:

(a) Does not possess the qualifications required by this part 1;

(b) Has engaged in conduct that constitutes grounds for discipline pursuant to section 12-315-112 (1);

(c) Has been disciplined in another state or jurisdiction with respect to the applicant's license to practice veterinary medicine in that state or jurisdiction; or

(d) Has not actively practiced veterinary medicine for the two-year period immediately preceding the date of receipt of the application or has not otherwise maintained continued competence, as determined by the board.

(4) If the board denies a license to an applicant or grants a license subject to terms of probation, the applicant may seek review of the board's decision pursuant to section 24-4-104 (9); except that, by accepting a license that is subject to probationary terms, the applicant waives any remedies available pursuant to section 24-4-104 (9).
C.R.S. § 12-30-203 — CO Code / Title 12 / Article 30 / Part 2 / Section 12-30-203
12-30-203. Use of professional review committees
Status: in_force

12-30-203. Use of professional review committees. (1) (a) The general assembly recognizes that:

(I) The medical board and the nursing board, while assuming and retaining ultimate authority for licensure and discipline in accordance with article 240 of this title 12 and part 1 of article 255 of this title 12, respectively, and in accordance with this part 2, cannot practically and economically assume responsibility over every single allegation or instance of purported deviation from the standards of quality for the practice of medicine, the practice of nursing, or the practice as a certified midwife; from the standards of professional conduct; or from the standards of appropriate care; and

(II) An attempt to exercise this oversight would result in extraordinary delays in the determination of the legitimacy of the allegations and would result in the inappropriate and unequal exercise of their authority to license and discipline persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives.

(b) It is therefore the intent of the general assembly that the medical board and the nursing board utilize and allow professional review committees and governing boards to assist them in meeting their responsibilities under article 240 of this title 12 and part 1 of article 255 of this title 12, respectively, and under this part 2.

(2) Persons licensed under article 240 of this title 12, advanced practice registered nurses, and certified midwives are encouraged to serve upon professional review committees when called to do so and to study and review in an objectively reasonable manner the professional conduct of persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives, including the competence of, professional conduct of, or the quality and appropriateness of patient care provided by those persons.

(3) (a) The use of professional review committees is an extension of the authority of the medical board and nursing board. However, except as otherwise provided in this part 2, nothing in this part 2 limits the authority of professional review committees properly constituted under this part 2.

(b) Professional review committees, the members who constitute the committees, governing boards, authorized entities, and persons who participate directly or indirectly in professional review activities are granted certain immunities from liability arising from actions that are within the scope of their activities as provided in section 12-30-207. These grants of immunity from liability are necessary to ensure that professional review committees and governing boards can exercise their professional knowledge and judgment.
C.R.S. § 12-135-302 — CO Code / Title 12 / Article 135 / Part 3 / Section 12-135-302
12-135-302. Exceptions - safe harbor
Status: in_force

12-135-302. Exceptions - safe harbor. (1) If a crematory has acted in good faith, the crematory may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:

(a) The person knows of no document expressing the deceased person's wishes for final disposition that qualifies to direct the final disposition under section 15-19-104;

(b) The person has made a reasonable effort under section 15-19-106 to contact each person with the right of final disposition and to learn each person's wishes; and

(c) The person knows of no objections to the final disposition.

(2) (a) (I) A crematory may dispose of cremains at the expense of the person with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (2)(a) and a reasonable opportunity to collect the cremains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the cremains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the crematory.

(II) A crematory may comply with this subsection (2)(a) by transferring the cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (2)(a).

(III) If cremated remains are not claimed by the person with the right of final disposition within three years after cremation, a crematory may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.

(IV) The custodian is not liable for the loss or destruction of records required to be kept by this subsection (2)(a) if the loss or destruction was not caused by the custodian's negligence.

(b) If the deceased was cremated prior to July 1, 2003, and the crematory reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (2), the remains may be disposed of in accordance with this subsection (2), notwithstanding a failure to provide the notice of the provisions of this subsection (2) to the person with the right of final disposition prior to disposing of the remains.

(3) (a) This part 3 shall not apply to, nor interfere with, any custom or rite of a religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and cremate the bodies of deceased members of the religious sect if the human remains are refrigerated, frozen, or cremated within seven days after death.

(b) If human remains are refrigerated pursuant to subsection (3)(a) of this section, the body must be cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (3)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen, uncontrollable circumstances or by a criminal investigation.
C.R.S. § 12-220-108 — CO Code / Title 12 / Article 220 / Part 1 / Section 12-220-108
12-220-108. Attorney general shall represent board and members
Status: in_force

12-220-108. Attorney general shall represent board and members. The attorney general of the state of Colorado shall counsel with and advise the board in connection with its duties and responsibilities under this article 220. If litigation is brought against the board or any of its individual members in connection with actions taken by the board or any of its members under this article 220 and the actions are free of malice, fraud, or willful neglect of duty, the attorney general shall defend the litigation without cost to the board or to any individual member of the board.