reglab/statecodes huggingface dataset:
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 290 - PODIATRISTS (§§ 12-290-101 — 12-290-202) › Part 1 - GENERAL PROVISIONS (§§ 12-290-101 — 12-290-124) › Section 12-290-122 - Division of fees prohibited - penalty - recovery of fees illegally paid

(1)
A licensee commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
if the licensee:
(a)
Divides any fee or compensation received or charged for services rendered by the person as a licensee or agrees to divide the fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for:
(I)
Sending or bringing any patient or other person to the licensee;
(II)
Recommending the licensee to any person; or
(III)
Being instrumental in any manner in causing any person to engage the licensee in the licensee's professional capacity;
(b)
Either directly or indirectly pays or compensates or agrees to pay or compensate any person, firm, association, or corporation for:
(I)
Sending or bringing any patient or other person to the licensee for examination or treatment;
(II)
Recommending the licensee to any person; or
(III)
Being instrumental in causing any person to engage the licensee in the licensee's professional capacity; or
(c)
In the licensee's professional capacity and in the licensee's own name or behalf, makes or presents a bill or requests a payment for services rendered by any person other than the licensee.
(2)
If a licensee, in violation of subsection (1) of this section, divides or agrees to divide any fee or compensation received by the licensee for services rendered in the licensee's professional capacity with any person, the person who has paid the fee or compensation to the licensee may recover the amount unlawfully paid or agreed to be paid from either the licensee or from the person to whom the fee or compensation has been paid, by an action to be instituted within two years after the date on which the fee or compensation was divided or agreed to be divided.
Amended by 2021 Ch. 462,§ 152, eff. 3/1/2022.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) Subsection (1) is similar to former § 12-32-117(1); and subsection (2) is similar to former § 12-32-118, 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.
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 290 - PODIATRISTS (§§ 12-290-101 — 12-290-202) › Part 1 - GENERAL PROVISIONS (§§ 12-290-101 — 12-290-124) › Section 12-290-123 - Confidential agreements 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 290.
(2)
This section and section
12-30-108
do not apply to a licensee subject to discipline under section
12-290-108(3)(c)
.
Added by 2019 Ch. 369,§ 14, eff. 10/1/2019.
This section is similar to § 12-32-120 as added in SB 19-153. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-153, chapter 369, Session Laws of Colorado 2019.
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 290 - PODIATRISTS (§§ 12-290-101 — 12-290-202) › Part 1 - GENERAL PROVISIONS (§§ 12-290-101 — 12-290-124) › Section 12-290-124 - Bone marrow aspirations from the tibia

(1)
The board may permit a podiatrist to perform bone marrow aspirations from the tibia distal to the tibial tubercle if the podiatrist:
(a)
Has successfully completed a podiatric surgery residency with the reconstruction rearfoot/ankle surgery certification; and
(b)
Is in good standing with the board.
Added by 2019 Ch. 369,§ 8, eff. 10/1/2019.
This section is similar to § 12-32-121 as added in SB 19-153. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-153, chapter 369, Session Laws of Colorado 2019.
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 290 - PODIATRISTS (§§ 12-290-101 — 12-290-202) › Part 2 - SAFETY TRAINING FOR UNLICENSED X-RAY TECHNICIANS (§§ 12-290-201 — 12-290-202) › Section 12-290-201 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that public exposure to the hazards of ionizing radiation used for diagnostic purposes should be minimized wherever possible. Accordingly, the general assembly finds, determines, and declares that for any podiatric physician or podiatrist to allow an untrained person to operate a machine source of ionizing radiation, including without limitation a device commonly known as an "X-ray machine", or to administer radiation to a patient for diagnostic purposes is a threat to the public health and safety.
(2)
It is the intent of the general assembly that podiatric physicians or podiatrists utilizing unlicensed persons in their practices provide those persons with a minimum level of education and training before allowing them to operate machine sources of ionizing radiation; however, it is not the general assembly's intent to discourage education and training beyond this minimum. It is further the intent of the general assembly that established minimum training and education requirements correspond as closely as possible to the requirements of each particular work setting as determined by the board pursuant to this part 2.
(3)
The general assembly seeks to ensure, and accordingly declares its intent, that in promulgating the rules authorized by this part 2, the board will make every effort, consistent with its other statutory duties, to avoid creating a shortage of qualified individuals to operate machine sources of ionizing radiation for beneficial medical purposes in any area of the state.
Renumbered from C.R.S. §
12-32-201
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-32-201 as it existed prior to 2019.
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 290 - PODIATRISTS (§§ 12-290-101 — 12-290-202) › Part 2 - SAFETY TRAINING FOR UNLICENSED X-RAY TECHNICIANS (§§ 12-290-201 — 12-290-202) › Section 12-290-202 - Board authorized to issue rules

(1)
(a)
The board shall adopt rules prescribing minimum standards for the qualifications, education, and training of unlicensed persons operating machine sources of ionizing radiation and administering the radiation to patients for diagnostic podiatric use. Neither a podiatric physician nor a podiatrist shall allow any unlicensed person to operate a machine source of ionizing radiation or to administer radiation to any patient unless the person has met the standards then in effect under rules adopted pursuant to this section. The board may adopt rules allowing a grace period in which newly hired operators of machine sources of ionizing radiation shall receive the training required pursuant to this section.
(b)
For purposes of this part 2, "unlicensed person" means any person who does not hold a current and active license entitling the person to practice podiatry under the provisions of this article 290.
(2)
The board shall seek the assistance of licensed podiatrists in developing and formulating the rules promulgated pursuant to this section.
(3)
The required number of hours of training and education for all unlicensed persons operating machine sources of ionizing radiation and administering radiation to patients shall apply to all persons in podiatric settings other than hospitals and similar facilities licensed by the department of public health and environment pursuant to section
25-1.5-103
. The training and education may be obtained through programs approved by the appropriate authority of any state or through equivalent programs and training experience including on-the-job training as determined by the board.
Renumbered from C.R.S. §
12-32-202
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 91: Entire part added, p. 1610, § 1, effective May 1. L. 94: (3) amended, p. 2726, § 331, effective July 1. L. 2003: (3) amended, p. 700, § 7, effective July 1.
This section is similar to former § 12-32-202 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-101 - Legislative declaration

It is declared to be the policy of the state of Colorado that, in order to safeguard life, health, property, and the public welfare of the people of the state of Colorado, and in order to protect the people of the state of Colorado against unauthorized, unqualified, and improper application of interpersonal psychiatric nursing relationships, it is necessary that a proper regulatory authority be established, and adequately provided for. Any person who practices as a psychiatric technician without qualifying for proper registration, and without submitting to the regulations provided in this article 295, endangers the public health thereby.
Renumbered from C.R.S. §
12-42-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 67: p. 236, § 1. C.R.S. 1963: § 97-3-1.
This section is similar to former § 12-42-101 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 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.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-103 - Definitions

As used in this article 295, unless the context otherwise requires:
(1)
"Approved psychiatric technician education program" means a course of training conducted by a school for the training of psychiatric technicians carrying out the basic curriculum prescribed by this article 295 and approved by the board.
(2)
"Board" means the state board of nursing created in section
12-255-105
.
(3)
"Person" includes an individual, firm, partnership, association, or corporation.
(4)
"Practice as a psychiatric technician" means the performance for compensation of selected acts requiring interpersonal and technical skills and includes the administering of selected treatments and selected medications prescribed by a licensed physician or dentist, in the care of and in the observation and recognition of symptoms and reactions of a patient with a behavioral or mental health disorder or an intellectual and developmental disability under the direction of a licensed physician and the supervision of a registered professional nurse. The selected acts in the care of a patient with a behavioral or mental health disorder or an intellectual and developmental disability must not require the substantial specialized skill, judgment, and knowledge required in professional nursing.
Amended by 2019 Ch. 169,§ 11, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 169,§ 3, eff. 7/1/2019.
Amended by 2017 Ch. 263,§ 78, eff. 5/25/2017.
L. 67: p. 236, § 2. C.R.S. 1963: § 97-3-2. L. 76: (4) amended, p. 425, § 1, effective April 22. L. 79: (4) amended, p. 551, § 1, effective July 1. L. 94: (4) amended, p. 2638, § 80, effective July 1. L. 95: (4) amended, p. 291, § 2, effective July 1. L. 2006: (4) amended, p. 1394, § 31, effective August 7. L. 2017: IP and (4) amended, (SB 17-242), ch. 263, p. 1283, § 78, effective May 25.
(1) This section is similar to former § 12-42-102 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-104 - State board of nursing - review of functions - repeal of article

(1)
The licensing and regulation of psychiatric technicians shall be under the control of the board.
(2)
This article 295 is repealed, effective September 1, 2034. Before the repeal, the licensure and regulation functions of the board are scheduled for review in accordance with section
24-34-104
.
Amended by 2019 Ch. 169,§ 12, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42-103
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 169,§ 1, eff. 7/1/2019.
L. 67: p. 237, § 3. C.R.S. 1963: § 97-3-3. L. 90: Entire section amended, p. 332, § 14, effective April 3. L. 91: Entire section amended, p. 683, § 31, effective April 20. L. 95: Entire section amended, p. 292, § 3, effective July 1. L. 2004: (2)(a) amended, p. 348, § 11, effective July 1. L. 2009: (2)(a) amended, (HB 09-1341), ch. 265, p. 1213, §3, effective July 1.
(1) This section is similar to former § 12-42-103 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.
For powers of the state board of nursing, see § 12-255-107.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-105 - Application for license

(1)
Every applicant for license as a psychiatric technician must submit an application in a manner approved by the board.
(2)
Every applicant shall accompany the application with a license fee established pursuant to section
12-20-105
.
(3)
Every person licensed under this article 295 shall be known as a licensed psychiatric technician and may place the letters "L.P.T." after his or her name. The term or the abbreviation shall not be used to identify anyone not licensed under this article 295. The terms "psychiatric technician", "psychiatric aide", "trained psychiatric technician", or "graduate psychiatric technician" shall for the purposes of this article 295 be deemed synonymous with the term "psychiatric technician", and none of the terms shall be used to identify anyone not licensed under this article 295.
Amended by 2019 Ch. 169,§ 13, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 169,§ 4, eff. 7/1/2019.
(1) This section is similar to former § 12-42-104 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-106 - License by examination

(1)
Every applicant for license by examination shall submit written evidence, verified by oath, and satisfactory to the board that the applicant:
(a)
Has not committed an act that would be grounds for disciplinary action against a licensee under this article 295;
(b)
Has completed a four-year high school course or the equivalent thereof; and
(c)
Has completed and received a diploma from the required approved psychiatric technician education program.
Amended by 2019 Ch. 169,§ 14, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 169,§ 5, eff. 7/1/2019.
(1) This section is similar to former § 12-42-105 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-107 - Examinations - issuance of license after examination

(1)
All applicants, unless licensed by endorsement, shall be required to pass a written examination.
(2)
Examinations shall be held within the state, at least once a year, at such times and places as the board shall determine.
(3)
The board shall issue a license to each applicant who passes the examination and who is not otherwise disqualified to receive a license under the provisions of this article 295.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Subsection (1) is similar to former § 12-42-106(1); subsection (2) is similar to former § 12-42-106(2); and subsection (3) is similar to former § 12-42-107, as those sections existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-108 - License by endorsement

The board may issue a license to an applicant who satisfies the requirements of the occupational credential portability program.
Amended by 2020 Ch. 126,§ 43, eff. 6/25/2020.
Renumbered from C.R.S. §
12-42-109
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42-109 as it existed prior to 2019.
For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-110 - Renewal of license

(1)
A license issued pursuant to this article 295 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
. Any person whose license has expired shall be subject to the penalties provided in this article 295 or section
12-20-202(1)
.
(2)
A person who is not engaged as a psychiatric technician in the state shall not be required to pay a renewal fee for so long as the person does not so practice, but shall notify the board of the person's inactive status in writing. Prior to resumption of the practice as a psychiatric technician, the person shall be required to notify the board and remit a renewal fee for the current annual period. After a five-year period in an inactive status, the license may be renewed only by complying with the provisions in this article 295 relating to the issuance of an original license.
Renumbered from C.R.S. §
12-42-112
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 67: p. 239, § 12. C.R.S. 1963: § 97-3-12. L. 79: (1) and (2) amended, p. 1655, § 102, effective July 19. L. 85: (1) amended, p. 526, § 7, effective July 1. L. 95: (1) amended, p. 294, § 7, effective July 1. L. 2004: (1) and (2) amended, p. 1848, § 99, effective August 4.
This section is similar to former § 12-42-112 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 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
.
Renumbered from C.R.S. §
12-42-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 67: p. 240, § 14. C.R.S. 1963: § 97-3-14. L. 77: (4) added, p. 666, § 11, effective July 1. L. 85: Entire section R&RE, p. 528, § 9, effective July 1.
This section is similar to former § 12-42-114 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-113 - Disciplinary proceedings

Disciplinary proceedings under this article 295 shall be conducted pursuant to section
12-255-119
.
Renumbered from C.R.S. §
12-42-115.3
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 85: Entire section added, p. 530, § 11, effective July 1. L. 87: (1) and (4) amended, p. 949, § 44, effective March 13. L. 95: (6) amended, p. 296, § 10, effective July 1. L. 99: Entire section amended, p. 248, § 14, effective July 1.
This section is similar to former § 12-42-115.3 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-114 - Immunity in professional review

(1)
If a professional review committee is established pursuant to section
12-255-108
to investigate the quality of care being given by a person licensed pursuant to this article 295, it shall include in its membership at least three persons licensed in the same category as the licensee under review, but the committee may be authorized to act only by the board.
(2)
In addition to the persons specified in section
12-20-402
, any member of a professional review committee, any member of a committee's staff, any person acting as a witness or consultant to a committee, any witness testifying in a proceeding authorized under this article 295, and any person who lodges a complaint pursuant to this article 295 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section
12-20-402
.
Renumbered from C.R.S. §
12-42-115.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 85: Entire section added, p. 531, § 11, effective July 1. L. 2004: (2) amended, p. 1849, § 100, effective August 4.
This section is similar to former § 12-42-115.5 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-115 - Surrender of license

(1)
Prior to the initiation of an investigation or hearing, any licensee may surrender his or her license to practice as a psychiatric technician.
(2)
Following the initiation of an investigation or hearing and upon a finding that to do so would be in the public interest, the board may allow a licensee to surrender his or her license to practice.
(3)
The board shall not issue a license to a former licensee whose license has been surrendered unless the licensee meets all of the requirements of this article 295 for a new applicant, including passing an examination.
(4)
The surrender of a license in accordance with this section removes all rights and privileges to practice as a psychiatric technician, including renewal of a license.
Renumbered from C.R.S. §
12-42-115.7
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42-115.7 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-116 - Judicial review

Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review.
Renumbered from C.R.S. §
12-42-115.9
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42-115.9 as it existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-117 - Exclusions

(1)
This article 295 does not affect or apply to the gratuitous care of a person with a behavioral or mental health disorder by friends or members of the family or to any person taking care of a person with a behavioral or mental health disorder for hire who does not represent himself or herself or hold himself or herself out to the public as a trained or licensed psychiatric technician; but a person for hire shall not hold himself or herself out as or perform the full duties of a psychiatric technician who is not a psychiatric technician licensed under the provisions of this article 295.
(2)
This article 295 shall not be construed to prohibit:
(a)
The practice as a psychiatric technician by students enrolled in an approved psychiatric technician education program or by graduates of an approved psychiatric technician education program pending the results of the first licensing examination scheduled by the board following their graduation;
(b)
Practical nursing;
(c)
Subsidiary workers in hospitals or similarly related institutions from assisting in the nursing care of patients where adequate medical and nursing supervision is provided;
(d)
Subsidiary workers in the offices of persons licensed to practice medicine or dentistry in this state from assisting in the care of patients under the personal and responsible supervision and direction of those persons; or
(e)
The practice of any legally qualified psychiatric technician of this state or another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of his or her official duties.
(3)
No provision of this article 295 shall be construed as applying to any sanitarium, nursing home, or rest home conducted in accordance with the practice of the tenets of any religious denomination in which persons of good faith rely solely upon spiritual means or prayer in the free exercise of religion to prevent or cure disease.
Amended by 2019 Ch. 169,§ 17, eff. 10/1/2019.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) Subsection (1) is similar to former § 12-42-116(1); subsections IP(2) and (2)(a) are similar to former § 12-42-116(2); subsection (2)(b) is similar to former § 12-42-116(3)(a); subsection (2)(c) is similar to former § 12-42-116(3)(a); subsection (2)(d) is similar to former § 12-42-116(3)(b); subsection (2)(e) is similar to former § 12-42-116(3)(c); and subsection (3) is similar to former § 12-42-117, as those sections existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-118 - Unauthorized practice - penalties

(1)
The practice as a psychiatric technician by any person who has not been issued a license under the provisions of this article 295, or whose license has been suspended or revoked, or has expired, is hereby declared to be inimical to the general public welfare and to constitute a public nuisance.
(2)
Any person who practices or offers or attempts to practice as a psychiatric technician without an active license issued under this article 295 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Subsection (1) is similar to former § 12-42-118; and subsection (2) is similar to former § 12-42-119(2), as those sections existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 12-295-119 - Professional nursing and the practice of a psychiatric technician - other groups

(1)
Nothing in this article 295 shall be construed:
(a)
As conferring any authority to practice medicine or professional nursing or to undertake the treatment or care of disease, pain, injury, deformity, or physical or mental condition in violation of the law of this state; or
(b)
To enlarge or detract from the rights, powers, and duties of any other licensed business, occupation, or profession.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Subsections IP(1) and (1)(a) are similar to former § 12-42-120; and subsection (1)(b) is similar to former § 12-42-121, as those sections existed prior to 2019.
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 295 - PSYCHIATRIC TECHNICIANS (§§ 12-295-101 — 12-295-120) › Section 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)
.
Added by 2019 Ch. 169,§ 18, eff. 10/1/2019.
This section is similar to § 12-42-122 as added in SB 19-154. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-101 - Short title

The short title of this article 300 is the "Respiratory Therapy Practice Act".
Renumbered from C.R.S. §
12-41.5-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41.5-101 as it existed prior to 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-102 - Legislative declaration

The general assembly hereby finds, determines, and declares that the practice of respiratory therapy in the state of Colorado affects the public health, safety, and welfare of its citizens and must be subject to regulation and control to protect the public from the unqualified practice of respiratory therapy and from unprofessional conduct. The general assembly further recognizes the practice of respiratory therapy to be a dynamic and changing art and science that is continually evolving to include new ideas and ever more sophisticated techniques in patient care.
Renumbered from C.R.S. §
12-41.5-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41.5-102 as it existed prior to 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 300.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-105 - Use of titles restricted

A respiratory therapist, but no other person, may use the title "licensed respiratory therapist" or the letters "L.R.T."
Renumbered from C.R.S. §
12-41.5-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41.5-104 as it existed prior to 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-106 - Limitations on authority

Nothing in this article 300 shall be construed as authorizing a respiratory therapist to perform the practice of medicine, surgery, or any other form of healing except as authorized by the provisions of this article 300.
Renumbered from C.R.S. §
12-41.5-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41.5-105 as it existed prior to 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-107 - [Effective Until 8/7/2024] 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;
(b)
Holding credentials conferred by a national respiratory therapy credentialing body, as determined by the director, which credentials have not been suspended or revoked; or
(c)
Functioning in the capacity of a respiratory therapist as of July 1, 2000, and has successfully passed, no later than July 1, 2001, the certification or registration examination of a national respiratory therapy credentialing body, as determined by the director.
Amended by 2020 Ch. 126, § 44, eff. 6/25/2020.
Renumbered from C.R.S. §
12-41.5-106
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 112, § 5, eff. 7/1/2015.
L. 2000: Entire article added, p. 1308, § 1, effective July 1. L. 2015: (1), (2)(b), and (2)(c) amended, (SB 15-105), ch. 112, p. 335, § 5, effective July 1.
This section is similar to former § 12-41.5-106 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-107 - [Effective 8/7/2024] 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)
Amended by 2024 Ch. 179,§ 5, eff. 8/7/2024.
Amended by 2020 Ch. 126, § 44, eff. 6/25/2020.
Renumbered from C.R.S. §
12-41.5-106
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 112, § 5, eff. 7/1/2015.
L. 2000: Entire article added, p. 1308, § 1, effective July 1. L. 2015: (1), (2)(b), and (2)(c) amended, (SB 15-105), ch. 112, p. 335, § 5, effective July 1.
This section is similar to former § 12-41.5-106 as it existed prior to 2019.
2024 Ch. 179, 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.
For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-108 - [Effective Until 8/7/2024] Renewal of license

(1)
At least sixty calendar days prior to the expiration of a license, the director shall notify the licensee of the pending expiration. The director shall make an expiration notice and a renewal form available to the licensee. Before the expiration date, the licensee shall complete the renewal form and return it to the division with the renewal fee.
(2)
Licenses issued pursuant to this article 300 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202 (1) and (2)
. Any person whose license has expired shall be subject to the penalties provided in this article 300 or section
12-20-202 (1)
.
Renumbered from C.R.S. §
12-41.5-107
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2000: Entire article added, p. 1309, § 1, effective July 1. L. 2004: (2) and (3) amended, p. 1846, § 96, effective August 4.
This section is similar to former § 12-41.5-107 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-108 - [Effective 8/7/2024] Renewal of license

Licenses issued pursuant to this article 300 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202 (1) and (2)
. Any person whose license has expired is subject to the penalties provided in this article 300 or section
12-20-202 (1)
.
Amended by 2024 Ch. 179,§ 6, eff. 8/7/2024.
Renumbered from C.R.S. §
12-41.5-107
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2000: Entire article added, p. 1309, § 1, effective July 1. L. 2004: (2) and (3) amended, p. 1846, § 96, effective August 4.
This section is similar to former § 12-41.5-107 as it existed prior to 2019.
2024 Ch. 179, 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.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-110 - Mental and physical examination of licensees

(1)
(a)
If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety to clients, the director may order the licensee to submit to a mental or physical examination administered by a physician or other licensed health-care professional designated by the director.
(b)
If a licensee refuses to submit to a mental or physical examination that has been properly ordered by the director pursuant to subsection (2) of this section, and the refusal is not due to circumstances beyond the licensee's control:
(I)
The refusal constitutes grounds for discipline pursuant to section
12-300-109(2)(s)
; and
(II)
The director may suspend the licensee's license in accordance with section
12-300-109
until:
(A)
The licensee submits to the examination and the results of the examination are known; and
(B)
The director has made a determination of the licensee's fitness to practice.
(c)
The director shall proceed with an order for examination and determination of a licensee's fitness to practice in a timely manner.
(2)
In an order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination, the director shall include the basis of the director's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For purposes of any disciplinary proceeding authorized under this article 300, the licensee is deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground that they are privileged communications.
(3)
The licensee may submit to the director testimony or examination reports from a physician or other licensed health-care professional chosen by the licensee and pertaining to any condition that the director has alleged might preclude the licensee from practicing with reasonable skill and safety. The director may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the director.
(4)
The results of a mental or physical examination ordered by the director must not be used as evidence in any proceeding other than one before the director, are not public records, and must not be made available to the public.
Renumbered from C.R.S. §
12-41.5-109.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2015 Ch. 112,§ 4, eff. 7/1/2015.
This section is similar to former § 12-41.5-109.5 as it existed prior to 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-111 - 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 300.
(2)
This section and section
12-30-108
do not apply to a respiratory therapist subject to discipline for prohibited activities as described in section
12-300-109(2)(h)
.
Renumbered from C.R.S. §
12-41.5-109.7
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 77, eff. 5/25/2017.
Added by 2015 Ch. 112,§ 4, eff. 7/1/2015.
L. 2015: Entire section added, (SB 15-105), ch. 112, p. 334, § 4, effective July 1. L. 2017: (1) and (2)(a) amended, (SB 17-242), ch. 263, p. 1282, § 77, effective May 25.
This section is similar to former § 12-41.5-109.7 as it existed prior to 2019.
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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-113 - Practice of medicine prohibited

Subject to section
12-240-107(3)(m)
, nothing in this article 300 shall be construed to permit the practice of medicine as defined in section
12-240-107
.
Renumbered from C.R.S. §
12-41.5-111
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41.5-111 as it existed prior to 2019.