2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-30-209) › Article 20 - DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-20-408) › Part 4 - DISCIPLINE, ENFORCEMENT, AND REVIEW (§§ 12-20-401 — 12-20-408) › Section 12-20-407 - [Effective 8/7/2024] [Effective Until 7/1/2025] Unauthorized practice of profession or occupation - penalties - exclusions

(1)
(a)
A person commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
if the person:
(I)
Violates section
12-100-112
or
12-100-116 (1)(a)
;
(II)
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;
(III)
Engages or offers or attempts to engage in activities as an outfitter without an active registration issued under article
145
of this title 12;
(IV)
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
(V)
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:
(A)
Barbering, hairstyling, esthetics, manicuring, or cosmetology, as regulated under article
105
of this title 12;
(B)
The profession of an electrician, as regulated under article
115
of this title 12;
(C)
Professional engineering, as regulated under article
120
of this title 12;
(D)
Professional land surveying, as regulated under article
120
of this title 12;
(E)
Architecture, as regulated under article
120
of this title 12;
(F)
Landscape architecture, as regulated under article
130
of this title 12;
(G)
Acupuncture, as regulated under article
200
of this title 12;
(H)
Audiology, as regulated under article
210
of this title 12;
(I)
Chiropractic, as regulated under article
215
of this title 12;
(J)
Dentistry, dental therapy, 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 or practice as a certified midwife, 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;
(V)
Respiratory therapy, as regulated under article
300
of this title 12;
(W)
Veterinary medicine or as a veterinary technician, as regulated under article
315
of this title 12; or
(X)
Facilitating natural medicine services, as regulated under article
170
of this title 12.
(b)
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:
(I)
Repealed.
(II)
Practices or offers or attempts to practice athletic training without an active registration issued under article
205
of this title 12;
(III)
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;
(IV)
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;
(V)
Practices or offers or attempts to practice speech-language pathology without an active certification issued under article
305
of this title 12;
(VI)
Performs the duties of a surgical assistant or surgical technologist without being registered under article
310
of this title 12; or
(VII)
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.
(c)
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
.
(d)
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
.
(e)
A person commits a class 6 felony and shall be punished as provided in section
18-1.3-401
if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:
(I)
Professional engineering, as regulated pursuant to article
120
of this title 12;
(II)
Architecture, as regulated pursuant to article
120
of this title 12;
(III)
Audiology, as regulated pursuant to article
210
of this title 12;
(IV)
Dentistry, as regulated pursuant to article
220
of this title 12;
(V)
Direct-entry midwifery, as regulated pursuant to article
225
of this title 12;
(VI)
Medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as regulated pursuant to article
240
of this title 12;
(VII)
Professional nursing or practice as a certified midwife, as regulated pursuant to article
255
of this title 12;
(VIII)
Nursing home administration, as regulated pursuant to article
265
of this title 12;
(IX)
Optometry, as regulated pursuant to article
275
of this title 12;
(X)
Pharmacy or as a pharmacy technician, as regulated pursuant to article
280
of this title 12; or
(XI)
Respiratory therapy, as regulated pursuant to article
300
of this title 12.
(2)
The penalties for:
(a)
Engaging in unauthorized activities regarding mortuaries and crematories are governed by section
12-135-108
;
(b)
Violating article
140
of this title 12 concerning nontransplant tissue banks are governed by section
12-140-108
;
(c)
Engaging in unauthorized activities regarding passenger tramways are governed by section
12-150-108 (4)
; and
(d)
Engaging in unauthorized activities regarding nurse aide practice are governed by section
12-255-215
.
Amended by 2024 Ch. 490,§ 18, eff. 8/7/2024.
Amended by 2023 Ch. 249,§ 17, eff. 7/1/2023.
Amended by 2022 Ch. 381, § 29, eff. 1/1/2023.
Amended by 2022 Ch. 421, § 22, eff. 8/10/2022.
Amended by 2022 Ch. 442, § 4, eff. 8/10/2022.
Amended by 2022 Ch. 69, § 1, eff. 4/7/2022.
Amended by 2021 Ch. 462, § 140, eff. 3/1/2022.
Amended by 2021 Ch. 398, § 4, eff. 9/7/2021.
Amended by 2020 Ch. 304, § 43, eff. 7/14/2020.
Amended by 2020 Ch. 157, § 36, eff. 7/1/2020.
Amended by 2019 Ch. 434, § 16, eff. 10/1/2019.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
(1) 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.
(2) 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.
2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.