CO Code § 12-20-407 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 20 - Division of Professions and Occupations|Part 4 - Discipline, Enforcement, and Review|§ 12-20-407. Unauthorized Practice of Profession or Occupation - Penalties - Exclusions

     [Editor's note: This version of the introductory portion to subsection (1)(a) is effective until March 1, 2022.] A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 for the first offense and, for the second or any subsequent offense, commits a class 6 felony and shall be punished as provided in section 18-1.3-401 if the person:   Violates section 12-100-112 or 12-100-116 (1)(a);    Engages in or offers or attempts to engage in the conduct, promotion, or performance of live boxing matches without an active license or permit issued under article 110 of this title 12;    Engages or offers or attempts to engage in activities as an outfitter without an active registration issued under article 145 of this title 12;    Engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyman, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or    Practices or offers or attempts to practice any of the following professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:   Barbering, hairstyling, esthetics, manicuring, or cosmetology, as regulated under article 105 of this title 12;    The profession of an electrician, as regulated under article 115 of this title 12;    Professional engineering, as regulated under article 120 of this title 12;    Professional land surveying, as regulated under article 120 of this title 12;    Architecture, as regulated under article 120 of this title 12;    Landscape architecture, as regulated under article 130 of this title 12;    Acupuncture, as regulated under article 200 of this title 12;    Audiology, as regulated under article 210 of this title 12;    Chiropractic, as regulated under article 215 of this title 12;       Respiratory therapy, as regulated under article 300 of this title 12; or    (W) Veterinary medicine, as regulated under article 315 of this title 12.       [ ] A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 for the first offense and, for the second or any subsequent offense, commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, if the person engages in any of the following activities:   Conducts private investigations or presents himself or herself as a, or uses the title of, “private investigator”, “private detective”, “licensed private detective”, or “licensed private investigator” without an active license issued under article 160 of this title 12;    Practices or offers or attempts to practice athletic training without an active registration issued under article 205 of this title 12;    Practices or offers or attempts to practice massage therapy without an active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;    Practices or offers or attempts to practice occupational therapy without an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;    Practices or offers or attempts to practice speech-language pathology without an active certification issued under article 305 of this title 12;    Performs the duties of a surgical assistant or surgical technologist without being registered under article 310 of this title 12; or    Conducts radon measurement or radon mitigation, claims to be a radon measurement professional or radon mitigation professional, or uses the title “radon measurement professional” or “radon mitigation professional” or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under article 165 of this title 12.       A person who practices or offers or attempts to practice as a naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.    A person who violates section 12-285-202 or 12-285-203 without an active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.       The penalties for:   Engaging in unauthorized activities regarding mortuaries and crematories are governed by section 12-135-108;    Violating article 140 of this title 12 concerning nontransplant tissue banks are governed by section 12-140-108;    Engaging in unauthorized activities regarding passenger tramways are governed by section 12-150-108 (4); and    Engaging in unauthorized activities regarding nurse aide practice are governed by section 12-255-215.        [ ] A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:  Editor's note: This version of the introductory portion to subsection (1)(a) is effective March 1, 2022.  (J) Dentistry or dental hygiene, as regulated under article 220 of this title 12;   (K) Direct-entry midwifery, as regulated under article 225 of this title 12;   (L) Practice as a hearing aid provider or engages in the practice of dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;   (M) Medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as regulated under article 240 of this title 12;   (N) Practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;   (O) Practical or professional nursing, as regulated under article 255 of this title 12;   (P) Nursing home administration, as regulated under article 265 of this title 12;   (Q) Optometry, as regulated under article 275 of this title 12;   (R) Pharmacy or as a pharmacy technician, as regulated under article 280 of this title 12;   (S) Physical therapy, as regulated under part 1 of article 285 of this title 12;   (T) Podiatry, as regulated under article 290 of this title 12;   (U) Practice as a psychiatric technician, as regulated under article 295 of this title 12;   Editor's note: This version of the introductory portion to subsection (1)(b) is effective until March 1, 2022.  [ ] A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person engages in any of the following activities:  Editor's note: This version of the introductory portion to subsection (1)(b) is effective March 1, 2022.  History. Source: L. 2019: Entire title R&RE with relocations,(HB 19-1172), ch. 136, p. 753, § 1, effective October 1; (1)(a)(V)(R) amended,(HB 19-1242), ch. 434, p. 3756, § 16, effective October 1. L. 2020: (2)(d) amended,(HB 20-1183), ch. 157, p. 696, § 36, effective July 1; (1)(a)(V)(N) amended,(HB 20-1206), ch. 304, p. 1544, § 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added,(HB 21-1195), ch. 398, p. 2645, § 4, effective September 7; IP(1)(a) and IP(1)(b) amended,(SB 21-271), ch. 462, p. 3154, § 140, effective March 1, 2022.    Editor's note:    Subsection (1)(a) is similar to former § 12-23-119 (2); subsection (1)(b) is similar to former § 12-58.5-104 (2); subsection (1)(c) is similar to former § 12-37.3-113; and subsection (1)(d) is similar to former § 12-41-216, as those sections existed prior to 2019.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.