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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-114 - Unauthorized practice - penalties

A person who practices or offers or attempts to practice respiratory therapy without an active license issued under this article 300 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Renumbered from C.R.S. §
12-41.5-112
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 2000: Entire article added, p. 1312, § 1, effective July 1. L. 2002: (2) amended, p. 1481, § 86, effective October 1. L. 2006: IP(1) and (1)(a) to (1)(h) repealed and (2) amended, p. 92, §§ 46, 45, 44, effective August 7.
This section is similar to former § 12-41.5-112 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 300 - RESPIRATORY THERAPISTS (§§ 12-300-101 — 12-300-116) › Section 12-300-115 - Rule-making authority

The director shall promulgate rules pursuant to section
12-20-204
.
Renumbered from C.R.S. §
12-41.5-113
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-41.5-113 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 12-300-116 - [Effective Until 8/7/2024] Repeal of article - review of functions

This article 300 is repealed, effective September 1, 2024. Before the repeal, the licensure functions of the director under this article 300 are scheduled for review in accordance with section
24-34-104
.
Renumbered from C.R.S. §
12-41.5-115
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 112, § 2, eff. 7/1/2015.
L. 2000: Entire article added, p. 1313, § 1, effective July 1. L. 2005: (1) and (2)(a) amended, p. 244, § 4, effective July 1. L. 2015: Entire section amended, (SB 15-105), ch. 112, p. 331, § 2, effective July 1.
This section is similar to former § 12-41.5-115 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 12-300-116 - [Effective 8/7/2024] Repeal of article - review of functions

This article 300 is repealed, effective September 1, 2035. Before the repeal, the licensure functions of the director under this article 300 are scheduled for review in accordance with section
24-34-104
.
Amended by 2024 Ch. 179,§ 1, eff. 8/7/2024.
Renumbered from C.R.S. §
12-41.5-115
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 112, § 2, eff. 7/1/2015.
L. 2000: Entire article added, p. 1313, § 1, effective July 1. L. 2005: (1) and (2)(a) amended, p. 244, § 4, effective July 1. L. 2015: Entire section amended, (SB 15-105), ch. 112, p. 331, § 2, effective July 1.
This section is similar to former § 12-41.5-115 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-101 - Short title

The short title of this article 305 is the "Speech-language Pathology Practice Act".
Renumbered from C.R.S. §
12-43.7-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-101 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
Speech-language pathology services are provided for the purpose of improving the abilities of those who have congenital or acquired speech, language, cognitive, feeding, and swallowing deficits;
(b)
Speech-language pathologists provide specific therapy and treatments that are related to the effects of medical or dental diagnoses or congenital, genetic, or developmental conditions but do not provide medical or dental procedures, medications, or interventions that constitute the practice of medicine or dentistry;
(c)
The professional roles and activities in speech-language pathology include clinical and educational services, which include evaluation, assessment, planning, and treatment; prevention and advocacy; education; administration; and research;
(d)
This article 305 is necessary to safeguard public health, safety, and welfare and to protect the public from incompetent, unethical, or unauthorized persons.
(2)
The general assembly further determines that it is the purpose of this article 305 to:
(a)
Regulate persons who are representing or holding themselves out as speech-language pathologists or who are performing services that constitute speech-language pathology; and
(b)
Exclude from regulation under this article 305 those school speech-language pathologists who are paid solely by an administrative unit or state-operated program.
Renumbered from C.R.S. §
12-43.7-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-102 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 305.
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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-105 - Use of titles restricted

(1)
Only a person required to be and who is certified as a speech-language pathologist under this article 305 or licensed by the Colorado department of education to provide speech-language pathology services may advertise as or use the title "speech-language pathologist", "speech pathologist", "speech therapist", "speech correctionist", "speech clinician", "language pathologist", "voice therapist", "voice pathologist", "aphasiologist", or any other generally accepted terms, letters, or figures that indicate that the person is a certified speech-language pathologist.
(2)
For a certificate holder who has successfully completed a doctoral degree in communication sciences and disorders as described in section
12-305-107(1)(a)
, a certification to practice speech-language pathology issued pursuant to this article 305 entitles the certificate holder to use the title "Doctor" or "Dr." when accompanied by the terms "speech-language pathology" or the letters "S.L.P."
Renumbered from C.R.S. §
12-43.7-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-104 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-106 - Certification required - exception

(1)
Except as otherwise provided in this article 305, on and after July 1, 2013, a person shall not practice speech-language pathology or represent or hold himself or herself out as being able to practice speech-language pathology in this state without possessing a valid certification issued by the director in accordance with this article 305 and any rules adopted under this article 305 or a special services license issued by the department of education pursuant to section
22-60.5-210
.
(2)
A person described in section
12-305-110(1)
is not required to obtain certification under this article 305.
Renumbered from C.R.S. §
12-43.7-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 146,§ 3, eff. 8/9/2017.
L. 2012: Entire article added, (HB 12-1303), ch. 263, p. 1363, § 1, effective August 8. L. 2017: (1) amended, (SB 17-108), ch. 146, p. 490, § 3, effective August 9.
This section is similar to former § 12-43.7-105 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-109 - Continuing professional competency - rules - definition

(1)
(a)
A speech-language pathologist shall maintain continuing professional competency to practice.
(b)
The director shall establish a continuing professional competency program that includes, at a minimum, the following elements:
(I)
A self-assessment of the knowledge and skills of a speech-language pathologist seeking to renew or reinstate a certification;
(II)
Development, execution, and documentation of a learning plan based on the assessment; and
(III)
Periodic demonstration of knowledge and skills through documentation of activities necessary to ensure at least minimal ability to safely practice the profession; except that a speech-language pathologist certified pursuant to this article 305 need not retake any examination required by section
12-305-107
for initial certification.
(2)
The director shall establish that a speech-language pathologist satisfies the continuing competency requirements of this section if the speech-language pathologist meets the continuing professional competency requirements of one of the following entities:
(a)
An accrediting body approved by the director; or
(b)
An entity approved by the director.
(3)
(a)
After the program is established, a speech-language pathologist shall satisfy the requirements of the program in order to renew or reinstate a certification to practice speech-language pathology.
(b)
The requirements of this section apply to individual speech-language pathologists, and nothing in this section requires a person who employs or contracts with a speech-language pathologist to comply with this section.
(4)
Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program are confidential and not subject to inspection by the public or discovery in connection with a civil action against a speech-language pathologist or other professional regulated under this title 12. A person or the director shall not use the records or documents unless used by the director to determine whether a speech-language pathologist is maintaining continuing professional competency to engage in the profession.
(5)
As used in this section, "continuing professional competency" means the ongoing ability of a speech-language pathologist to learn, integrate, and apply the knowledge, skill, and judgment to practice as a speech-language pathologist according to generally accepted standards and professional ethical standards.
Renumbered from C.R.S. §
12-43.7-107
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-107 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-110 - Scope of article - exclusions

(1)
This article 305 does not prevent or restrict the practice, services, or activities of:
(a)
A school speech-language pathologist whose compensation for speech-language pathology services is paid solely by an administrative unit or state-operated program;
(b)
A person licensed or otherwise regulated in this state by any other law from engaging in his or her profession or occupation as defined in the law under which the person is regulated;
(c)
A person pursuing a course of study leading to a degree in speech-language pathology at an educational institution with an accredited speech-language pathology program if that person is designated by a title that clearly indicates the person's status as a student and if the person acts under appropriate instruction and supervision;
(d)
A person participating in good faith in a clinical fellowship if the experience constitutes a part of the experience necessary to meet the requirement of section
12-305-107(1)
and the person acts under appropriate supervision;
(e)
Any legally qualified speech-language pathologist from another state or country when providing services on behalf of a temporarily absent speech-language pathologist certified in this state, so long as the uncertified speech-language pathologist is acting in accordance with rules adopted by the director. The uncertified practice must not occur more than once in any twelve-month period.
(f)
A speech-language pathologist who possesses a special services license issued by the department of education pursuant to section
22-60.5-210
.
(2)
Nothing in this article 305 requires or allows the department of education, the department of health care policy and financing, or any other state department to adopt or apply the standards contained in this article 305:
(a)
As the standards for endorsing or otherwise authorizing school speech-language pathologists to provide speech-language pathology services that are paid for by an administrative unit or state-operated program; or
(b)
For purposes of determining whether medicaid reimbursement may be obtained for speech-language pathology services.
(3)
Nothing in this article 305 requires a professional licensed, certified, registered, or otherwise regulated under this title 12 or title 22 to obtain certification under this article 305, or subjects the professional to discipline under this article 305, for engaging in activities that are within the professional's scope of practice.
Renumbered from C.R.S. §
12-43.7-108
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 146,§ 6, eff. 8/9/2017.
L. 2012: Entire article added, (HB 12-1303), ch. 263, p. 1366, § 1, effective August 8. L. 2017: IP(1), (1)(d), and (1)(e) amended and (1)(f) added, (SB 17-108), ch. 146, p. 491, § 6, effective August 9.
This section is similar to former § 12-43.7-108 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-111 - Limitations on authority

Nothing in this article 305 authorizes a speech-language pathologist to engage in the practice of medicine, as defined in section
12-240-107
; dentistry, as defined in sections
12-220-104 (6)
and
12-220-305
; or any other profession for which licensure, certification, or registration is required by this article 305.
Amended by 2020 Ch. 64, § 3, eff. 9/14/2020.
Renumbered from C.R.S. §
12-43.7-109
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2012: Entire article added, (HB 12-1303), ch. 263, p. 1367, § 1, effective August 8.
This section is similar to former § 12-43.7-109 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-114 - Unauthorized practice - penalties

A person who practices or offers or attempts to practice speech-language pathology without an active certification issued under this article 305 is subject to penalties pursuant to section
12-20-407(1)(b)
.
Renumbered from C.R.S. §
12-43.7-112
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-112 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-115 - Rule-making authority

The director shall promulgate rules pursuant to section
12-20-204
.
Renumbered from C.R.S. §
12-43.7-113
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-113 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-115.5 - Interstate compact - powers and duties of the director - rules - definitions

(1)
As used in this section:
(a)
"Adverse action" has the meaning established in section
24-60-4102
.
(b)
"Commission" means the audiology and speech-language pathology compact commission established in section
24-60-4102
.
(c)
"Compact" means the audiology and speech-language pathology interstate compact authorized in part 41 of article
60
of title
24
.
(d)
"Data system" has the meaning established in section
24-60-4102
.
(e)
"Telehealth" has the meaning established in section
24-60-4102
with regard to delivering speech-language pathology services.
(2)
With regard to the compact, the director has the following powers and duties:
(a)
To facilitate Colorado's participation in the compact;
(b)
To promulgate the rules necessary for the implementation, administration, and enforcement of the compact. The director shall promulgate rules in accordance with article
4
of title
24
.
(c)
To appoint a person to serve as a commissioner on the commission;
(d)
To regulate telehealth in accordance with the compact;
(e)
To notify the commission of any adverse action regarding a speech-language pathologist;
(f)
To provide uniform data to the data system consistent with the rules of the commission; and
(g)
To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
Added by 2021 Ch. 194, § 3, eff. 9/7/2021.
2021 Ch. 194, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-116 - Mental and physical examination of certificate holders

(1)
If the director has reasonable cause to believe that a certificate holder is unable to practice with reasonable skill and safety, the director may order the certificate holder to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Except where due to circumstances beyond the certificate holder's control, if the certificate holder fails or refuses to undergo a mental or physical examination, the director may suspend the certificate holder's certification until the director has made a determination of the certificate holder's fitness to practice. The director shall proceed with an order for examination and shall make the determination in a timely manner.
(2)
The director shall include in an order requiring a certificate holder to undergo a mental or physical examination the basis of the director's reasonable cause to believe that the certificate holder is unable to practice with reasonable skill and safety. For purposes of a disciplinary proceeding authorized under this article 305, the certificate holder is deemed to have waived all objections to the admissibility of the examining physician's or licensed health-care professional's testimony or examination reports on the grounds that they are privileged communication.
(3)
The certificate holder may submit to the director testimony or examination reports from a physician chosen by the certificate holder and pertaining to any condition that the director has alleged may preclude the certificate holder from practicing with reasonable skill and safety. The director may consider the testimony and reports submitted by the certificate holder in conjunction with, but not in lieu of, the testimony and examination reports of the physician designated by the director.
(4)
The results of a mental or physical examination ordered by the director shall not be used as evidence in any proceeding other than one before the director, are not a public record, and are not available to the public.
Renumbered from C.R.S. §
12-43.7-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-114 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-117 - Confidential agreement to limit practice

(1)
Except as provided in subsection (2) of this section, section
12-30-108
concerning confidential agreements to limit practice applies to this article 305.
(2)
This section and section
12-30-108
do not apply to a licensee subject to discipline under section
12-305-112(2)(c)
.
Renumbered from C.R.S. §
12-43.7-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 101, eff. 5/25/2017.
L. 2012: Entire article added, (HB 12-1303), ch. 263, p. 1374, § 1, effective August 8. L. 2017: (1) and (2)(a) amended, (SB 17-242), ch. 263, p. 1290, § 101, effective May 25.
This section is similar to former § 12-43.7-115 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-118 - Protection of medical records - certificate holder's obligations - verification of compliance - noncompliance grounds for discipline - rules

(1)
Each speech-language pathologist responsible for patient records shall develop a written plan to ensure the security of patient medical records. The plan must address at least the following:
(a)
The storage and proper disposal of patient medical records;
(b)
The disposition of patient medical records in the event the certificate holder dies, retires, or otherwise ceases to practice or provide speech-language pathology services to patients; and
(c)
The method by which patients may access or obtain their medical records promptly if any of the events described in subsection (1)(b) of this section occur.
(2)
Upon initial certification under this article 305 and upon renewal of a certification, the applicant or certificate holder shall attest to the director that he or she has developed a plan in compliance with this section.
(3)
A certificate holder shall inform each patient in writing of the method by which the patient may access or obtain his or her medical records if an event described in subsection (1)(b) of this section occurs.
(4)
A speech-language pathologist who fails to comply with this section is subject to discipline in accordance with section
12-305-113
.
(5)
The director may adopt rules reasonably necessary to implement this section.
Renumbered from C.R.S. §
12-43.7-116
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.7-116 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 305 - SPEECH-LANGUAGE PATHOLOGISTS (§§ 12-305-101 — 12-305-119) › Section 12-305-119 - Repeal of article - review of functions

This article 305 is repealed, effective September 1, 2033. Before the repeal, the director's powers, duties, and functions under this article 305 are scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 284,§1, eff. 8/10/2022.
Renumbered from C.R.S. §
12-43.7-118
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2017 Ch. 146,§2, eff. 8/9/2017.
L. 2012: Entire article added, (HB 12-1303), ch. 263, p. 1376, § 1, effective August 8. L. 2017: Entire section amended, (SB 17-108), ch. 146, p. 489, § 2, effective August 9.
This section is similar to former § 12-43.7-118 as it existed prior to 2019.
2022 Ch. 284, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-101 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 310.
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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-102 - Definitions

As used in this article 310, unless the context otherwise requires:
(1)
"Database" means the database required by section
12-310-103
.
(2)
"Employer" means a health-care institution as defined in section
13-64-202
, a health-care professional as defined in section
13-64-202
, or an entity who either employs a registrant or who provides a registrant to a health-care institution or health-care professional on a contractual basis.
(3)
"Register" has the meaning established in section
12-20-102(11)
; except that to be registered does not mean that the registrant:
(a)
Has any particular qualifications or professional competency; or
(b)
Must be certified as a surgical assistant or surgical technologist.
(4)
"Surgical assistant" means a person who performs certain duties, including:
(a)
Positioning the patient;
(b)
Providing visualization of the operative site;
(c)
Utilizing appropriate techniques to assist with hemostasis;
(d)
Participating in volume replacement or autotransfusion techniques as appropriate;
(e)
Utilizing appropriate techniques to assist with closure of body planes;
(f)
Selecting and applying appropriate wound dressings;
(g)
Providing assistance in securing drainage systems to tissue; and
(h)
The duties specified in subsection (5) of this section.
(5)
"Surgical technologist" means a person who performs certain duties, including:
(a)
Preparation of the operating or procedure room and the sterile field for surgical procedures by sterilizing supplies, instruments, and equipment;
(b)
Preparation of the operating or procedure room for surgical procedures by ensuring that surgical equipment is functioning properly and safely; and
(c)
Passing instruments, equipment, or supplies to a surgeon; sponging or suctioning an operative site; preparing and cutting suture material; holding retractors; transferring but not administering fluids or drugs; assisting in counting sponges, needles, supplies, and instruments; and performing other similar duties as directed during a surgical procedure.
Renumbered from C.R.S. §
12-43.2-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.2-101 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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-103 - Registration - penalty - renewal - database - fees - rules

(1)
On and after April 1, 2011:
(a)
A person may not perform the duties of a surgical assistant or surgical technologist unless the person is registered by the director. Prior to registration, a person shall submit to a criminal history record check in the form and manner as described in section
12-310-107
.
(b)
A person who performs the duties of a surgical assistant or surgical technologist without being registered under this article 310 is subject to penalties pursuant to section
12-20-407(1)(b)
.
(2)
Registrations made pursuant to this article 310 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
. The director shall not reinstate the registration until the person submits to a criminal history record check in the form and manner as described in section
12-310-107
.
(3)
(a)
The director shall maintain a database of all registrants. The director shall charge a fee in the same manner as authorized in section
12-20-105
for registration in the database.
(b)
Each registrant shall provide for registration in the database: The registrant's name; current address; educational and training qualifications; all current employers; employers within the previous five years; the jurisdictions other than Colorado in which the registrant is or has been licensed, certified, or registered, if applicable; whether the registrant is currently certified by a nationally accredited certifying organization and, if so, which one; and any civil, criminal, or administrative action relating to performing the duties of a surgical assistant or surgical technologist of which the registrant was the subject in this or any other jurisdiction. Registrants shall update their information in the database within thirty days after any change and give the director written notice of any civil, criminal, or administrative actions. When recording the information required by this section, each registrant shall indicate whether the registrant has been convicted of or entered a plea of guilty or nolo contendere to any misdemeanor relating to drugs or alcohol or to any felony.
(c)
Information in the database shall be open to the public.
(4)
The director shall promulgate rules pursuant to section
12-20-204
.
Renumbered from C.R.S. §
12-43.2-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 2010: Entire article added, (HB 10-1415), ch. 339, p. 1554, §1, effective August 11. L. 2016: (1)(a) and (2)(a) amended, (HB 16-1160), ch. 330, p. 1337, § 1, effective August 10.
This section is similar to former § 12-43.2-102 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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-104 - Scope of article - exclusion

(1)
This article 310 does not prevent or restrict the practice, services, or activities of:
(a)
A person licensed, otherwise regulated, or specifically exempted in this state by any other law from engaging in the person's profession or occupation as defined in the part or article under which the person is licensed or otherwise regulated or require a person who is licensed, otherwise regulated, or specifically exempted pursuant to articles
200
to
315
of this title 12 to register pursuant to this article 310; or
(b)
A person pursuing a course of study in an accredited educational surgical assistant or surgical technologist program if that person is designated by a title that clearly indicates the person's status as a student and if the person acts under appropriate instruction and supervision.
Renumbered from C.R.S. §
12-43.2-103
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.2-103 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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-107 - Record check required

(1)
Each applicant for registration must 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. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.
(2)
When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require that applicant to submit to a name-based judicial record check, as defined in section
22-2-119.3(6)(d)
. The applicant shall pay the actual costs of the name-based judicial record check.
Amended by 2022 Ch. 114,§17, eff. 4/21/2022.
Amended by 2019 Ch. 125,§77, eff. 1/1/2019.
Renumbered from C.R.S. §
12-43.2-105.5
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2019 Ch. 125,§10, eff. 4/18/2019.
Amended by 2017 Ch. 149,§4, eff. 8/9/2017.
Added by 2016 Ch. 330,§3, eff. 8/10/2016.
L. 2016: Entire section added, (HB 16-1160), ch. 330, p. 1338, § 3, effective August 10. L. 2017: Entire section amended, (SB 17-189), ch. 149, p. 498, § 4, effective August 9.
(1) This section is similar to former § 12-43.2-105.5 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166. 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 April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, 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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-108 - Mental and physical examination

(1)
If the director has reasonable cause to believe that a registrant is unable to perform the duties of a surgical assistant or surgical technologist, as appropriate, with reasonable skill and safety, the director may order the registrant to undergo a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Unless due to circumstances beyond the registrant's control, if the registrant refuses to undergo a mental or physical examination, the director may suspend the registrant's registration until the results of the examination are known and the director has made a determination of the registrant's fitness to perform the duties of a surgical assistant or surgical technologist. The director shall proceed with an order for examination and shall make his or her determination in a timely manner.
(2)
An order requiring a registrant to undergo a mental or physical examination shall contain the basis of the director's reasonable cause to believe that the registrant is unable to work with reasonable skill and safety. For purposes of a disciplinary proceeding authorized under this article 310, the registrant shall be deemed to have waived all objections to the admissibility of the examining physician's or other licensed health-care professional's testimony or examination reports on the ground that they are privileged communications.
(3)
The registrant may submit to the director testimony or examination reports from a physician or other licensed health-care professional chosen by the registrant and pertaining to any condition that the director has alleged may preclude the registrant from working with reasonable skill and safety. The testimony and reports submitted by the registrant may be considered by the director in conjunction with, but not in lieu of, testimony and examination reports from 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 shall not be used as evidence in any proceeding other than one before the director and shall not be deemed a public record or made available to the public.
Renumbered from C.R.S. §
12-43.2-106
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-43.2-106 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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-108.5 - 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 310.
(2)
This section and section
12-30-108
do not apply to a registrant subject to discipline under section
12-310-106(2)(c)
.
Added by 2021 Ch. 139,§ 6, eff. 9/1/2021.
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 310 - SURGICAL ASSISTANTS AND SURGICAL TECHNOLOGISTS (§§ 12-310-101 — 12-310-109) › Section 12-310-109 - Repeal of article - subject to review

This article 310 is repealed, effective September 1, 2028. Before the repeal, the registration of surgical assistants and surgical technologists is scheduled for review in accordance with section
24-34-104
.
Amended by 2021 Ch. 139,§ 2, eff. 9/1/2021.
Renumbered from C.R.S. §
12-43.2-107
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2016 Ch. 330,§ 4, eff. 8/10/2016.
This section is similar to former § 12-43.2-107 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 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 1 - GENERAL PROVISIONS (§§ 12-315-101 — 12-315-126) › Section 12-315-101 - Short title

The short title of this article 315 is the "Colorado Veterinary Practice Act".
Renumbered from C.R.S. §
12-64-101
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 67: R&RE, p. 357, § 1. C.R.S. 1963: § 145-1-2.
This section is similar to former § 12-64-101 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 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 1 - GENERAL PROVISIONS (§§ 12-315-101 — 12-315-126) › Section 12-315-102 - Legislative declaration

This article 315 is enacted as an exercise of the police powers of the state to promote the public health, safety, and welfare by safeguarding the people of this state against incompetent, dishonest, or unprincipled practitioners of veterinary medicine. It is hereby declared that the practice of veterinary medicine is a privilege conferred upon persons possessed of the personal and professional qualifications specified in this article 315.
Renumbered from C.R.S. §
12-64-102
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
This section is similar to former § 12-64-102 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 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 1 - GENERAL PROVISIONS (§§ 12-315-101 — 12-315-126) › Section 12-315-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 315.
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 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 1 - GENERAL PROVISIONS (§§ 12-315-101 — 12-315-126) › Section 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)
.
Amended by 2022 Ch. 442,§11, eff. 8/10/2022.
Renumbered from C.R.S. §
12-64-107
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 67: R&RE, p. 361, § 1. C.R.S. 1963: § 145-1-7. L. 73: pp. 531, 1513, §§ 79, 8. L. 77: (1) amended, p. 644, § 12, effective March 16. L. 79: Entire section R&RE, p. 588, § 6, effective June 15. L. 83: Entire section R&RE, p. 595, § 2, effective July 1. L. 89: (3)(b) amended, p. 746, § 1, effective July 1. L. 91: (1), (2), IP(3), (3)(a), (3)(c), and (4) amended, p. 1470, § 5, effective July 1. L. 2001: (4) amended, p. 476, § 2, effective July 1. L. 2011: Entire section amended, (SB 11-091), ch. 207, p. 893, §16, effective July 1.
This section is similar to former § 12-64-107 as it existed prior to 2019.
2022 Ch. 442, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 1 - GENERAL PROVISIONS (§§ 12-315-101 — 12-315-126) › Section 12-315-108 - Academic license

(1)
A veterinarian who is employed at a school of veterinary medicine in this state and who practices veterinary medicine in the course of the veterinarian's employment responsibilities shall either apply, in a manner approved by the board, for an academic license in accordance with this section or shall otherwise become licensed pursuant to sections
12-315-107
and
12-315-109
.
(2)
A person who applies for an academic license shall submit proof to the board that the person:
(a)
Graduated from a school of veterinary medicine located in the United States or another country; and
(b)
Is employed by an accredited school of veterinary medicine in this state.
(3)
An applicant for an academic license shall not be required to comply with the requirements of sections
12-315-107
and
12-315-109
.
(4)
An academic license shall authorize the licensee to practice veterinary medicine only while engaged in the performance of the licensee's official duties as a university employee. An academic licensee may not use an academic license to practice veterinary medicine outside of the licensee's academic responsibilities.
(5)
In addition to the requirements of this section, an applicant for an academic license shall complete all procedures for academic licensing established by the board to become licensed.
Renumbered from C.R.S. §
12-64-107.5
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2007: Entire section added, p. 1589, § 4, effective 1/1/2008. L. 2011: (1) and (3) amended, (SB 11 -091), ch. 207, p. 894, § 17, effective July 1.
This section is similar to former § 12-64-107.5 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 315 - VETERINARIANS AND VETERINARY TECHNICIANS (§§ 12-315-101 — 12-315-310) › Part 1 - GENERAL PROVISIONS (§§ 12-315-101 — 12-315-126) › Section 12-315-109 - License by endorsement

The board may issue a license by endorsement to engage in the practice of veterinary medicine in this state to an applicant who satisfies the requirements of the occupational credential portability program.
Amended by 2020 Ch. 126,§46, eff. 6/25/2020.
Renumbered from C.R.S. §
12-64-108
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 67: R&RE, p. 362, § 1. C.R.S. 1963: § 145-1-8. L. 73: p. 1513, §§ 9, 10. L. 79: (1) and (5) amended, p. 588, § 7, effective June 15. L. 91: (1), (2), and (4) amended, p. 1472, § 6, effective July 1. L. 2011: Entire section R&RE, (SB 11-091), ch. 207, p. 895, §18, effective July 1.
This section is similar to former § 12-64-108 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.