2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-112 - Disciplinary proceedings - injunctions - investigations - hearings - judicial review - fine

(1)
The director may take disciplinary or other action as authorized in this section and section
12-20-404
upon proof that the person committed a violation of section
12-235-111
.
(2)
The director may seek an injunction in accordance with section
12-20-406
to enjoin any person from engaging in or aiding and abetting an act or practice prohibited by this article 235.
(3)
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 pursuant to article
4
of title
24
, section
12-20-403
, and this article 235.
(4)
An employer of a massage therapist shall report to the director any disciplinary action taken against the massage therapist or the resignation of the massage therapist in lieu of disciplinary action for conduct that violates this article 235.
(5)
On completion of an investigation, the director shall find one of the following:
(a)
The complaint is without merit and no further action need be taken with reference thereto;
(b)
There is no reasonable cause to warrant further action; or
(c)
The complaint discloses misconduct by the licensee that warrants formal action, in which case the director shall initiate disciplinary proceedings pursuant to subsection (6) of this section.
(6)
(a)
The director shall commence a disciplinary proceeding when the director has reasonable grounds to believe that a licensee has committed any act that violates section
12-235-111
.
(b)
Disciplinary proceedings shall be conducted pursuant to section
12-20-403
.
(c)
If, after the hearing, the director finds the charges proven and orders that discipline be imposed, the director shall also determine the extent of the discipline. The director may take disciplinary action as specified in section
12-20-404(1)(b) or (1)(d)
.
(d)
If the director finds the charges against the licensee proven and orders that discipline be imposed, the director may require, as a condition of reinstatement, that the licensee take therapy or courses of training or education as may be needed to correct any deficiency found.
(7)
Section
12-20-408
governs judicial review of a final action of the director. Judicial proceedings for the enforcement of an order of the director may be instituted in accordance with section
24-4-106
.
(8)
The director may send a letter of admonition to a licensee under the circumstances specified in and in accordance with section
12-20-404(4)
.
(9)
The director may send a confidential letter of concern to a licensee under the circumstances specified in section
12-20-404(5)
.
(10)
If a person commits an act that violates this article 235, the director may impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
Renumbered from C.R.S. §
12-35.5-112
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2016 Ch. 265,§ 6, eff. 6/8/2016.
Amended by 2013 Ch. 286,§ 11, eff. 8/7/2013.
L. 2008: Entire article added, p. 1988, § 2, effective July 1. L. 2013: (1), (3)(c), (6)(c), (7)(a), (7)(c), and (7)(d) amended and (9) and (10) added, (SB 13-151), ch. 286, p. 1509, § 11, effective August 7. L. 2016: (2) amended and (11) added, (HB 16-1320), ch. 265, p. 1100, § 6, effective June 8.
This section is similar to former § 12-35.5-112 as it existed prior to 2019.