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 255 - NURSES AND NURSE AIDES (§§ 12-255-101 — 12-255-215) › Part 2 - NURSE AIDES (§§ 12-255-201 — 12-255-215) › Section 12-255-213 - Surrender of certificate

(1)
Prior to the initiation of an investigation or hearing, any certified nurse aide may surrender the aide's certificate to practice as a nurse aide to the board.
(2)
Following the initiation of an investigation or hearing and upon a finding that to conduct the investigation or hearing would not be in the public interest, the board may allow a certified nurse aide to surrender the aide's certificate to practice.
(3)
The surrender of a certificate in accordance with this section removes all rights and privileges to practice as a nurse aide, including the right to apply for renewal of a certificate.
Renumbered from C.R.S. §
12-260-118
and amended by 2020 Ch. 157,§ 29, eff. 7/1/2020.
Renumbered from C.R.S. §
12-38.1-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 89, 1st Ex. Sess.: Entire article added, p. 12, § 1, effective July 7. L. 93: (3) amended, p. 1750, § 8, effective July 1. L. 2009: (3) amended, (SB 09-138), ch. 400, p. 2163, §13, effective July 1.
Subsection (1) is similar to former § 12-260-118 (1); subsection (2) is similar to former § 12-260-118 (2) ; and subsection (3) is similar to former § 12-260-118 (4) , as they existed prior to 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 255 - NURSES AND NURSE AIDES (§§ 12-255-101 — 12-255-215) › Part 2 - NURSE AIDES (§§ 12-255-201 — 12-255-215) › Section 12-255-214 - Exclusions

(1)
This part 2 does not affect or apply to:
(a)
The gratuitous care of friends or family members;
(b)
A person for hire who does not represent himself or herself as or hold himself or herself out to the public as a certified nurse aide. However, a person for hire who is not a nurse aide certified under this part 2 shall not perform the duties of or hold himself or herself out as being able to perform the full duties of a certified nurse aide.
(c)
Nursing assistance in the case of an emergency;
(d)
A person who is directly employed by a medical facility while acting within the scope and course of employment for the first four consecutive months of the person's employment at the medical facility if the employment is part of an approved training program prior to certification and the certification is not by endorsement pursuant to section
12-255-204
. A person may utilize this exclusion only once in any twelve-month period. This exclusion does not apply to any person who has allowed the person's certification to lapse, had the person's certification as a nurse aide suspended or revoked, or had an application for certification denied.
(e)
Any person licensed, certified, or registered by the state of Colorado who is acting within the scope of the license, certificate, or registration;
(f)
Any person performing services pursuant to sections
12-255-131
,
25.5-10-204 (2)(j)
,
27-10.5-103 (2)(i)
, and part 3 of article
1.5
of title
25
.
Renumbered from C.R.S. §
12-260-120
and amended by 2020 Ch. 157, § 29, eff. 7/1/2020.
Renumbered from C.R.S. §
12-38.1-117
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2013 Ch. 323, § 22, eff. 3/1/2014.
L. 89, 1st Ex. Sess.: Entire article added, p. 12, § 1, effective July 7. L. 93: (1)(f) added, p. 1750, § 9, effective July 1. L. 2003: (1)(b) and (1)(d) amended, p. 2634, § 13, effective June 5; (1)(f) amended, p. 703, § 17, effective July 1. L. 2009: (1)(d) amended, (SB 09 -138), ch. 400, p. 2163, § 12, effective July 1. L. 2013: (1)(f) amended, (HB 13-1314), ch. 323, p. 1801, § 22, effective 3/1/2014.
This section is similar to former § 12-260-120 as it existed prior to 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 255 - NURSES AND NURSE AIDES (§§ 12-255-101 — 12-255-215) › Part 2 - NURSE AIDES (§§ 12-255-201 — 12-255-215) › Section 12-255-215 - Unauthorized practice - penalties

Any person who practices or offers or attempts nursing aide practice or medication administration without an active certificate of authority issued under this part 2; practices in a medical facility as a nurse aide except as provided in this part 2; uses any designation in connection with the person's name that tends to imply that the person is a certified nurse aide unless the person is so certified under this part 2; practices as a nurse aide during any period when the person's certificate has been suspended or revoked; or sells or fraudulently obtains or furnishes a certificate to practice as a nurse aide or aids or abets therein commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462,§ 151, eff. 3/1/2022.
Renumbered from C.R.S. §
12-260-121
and amended by 2020 Ch. 157,§ 29, eff. 7/1/2020.
Renumbered from C.R.S. §
12-38.1-118
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) This section is similar to former § 12-260-121 as it existed prior to 2020.
(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.
2021 Ch. 462, 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 260 - [Repealed] (§ 12-260-101) › Section 12-260-101 - to 12-260-123 - [Repealed]

Repealed by 2020 Ch. 157,§30, eff. 7/1/2020.
This article 260 was numbered as article 38.1 of this title 12 prior to the repeal and reenactment of this title 12 in 2019 and was not amended prior to its repeal in 2020. This article 260 was relocated to part 2 of article
255
of this title 12 in 2020. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
For practicing a profession or operating a business without a license, see § 16-13-306; for rule-making procedures and license suspension and revocation procedures by state agencies, see article 4 of title 24; for an alternative disciplinary action for persons licensed, registered, or certified pursuant to this title 12, see § 24-34-106; for disposition of money collected under this title 12, see §§ 24-35-101 and 24-36-103.
L. 89, 1st Ex. Sess.: Entire article added, p. 5, § 1, effective July 7.
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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-101 - Legislative declaration

The general assembly declares that the intent of this article 265 is to provide a measure of protection to the residents of nursing homes in this state who are aged or who have disabilities by establishing a means to regulate nursing home administrators to ensure quality administration and sound management of nursing homes. It is also the intent of the general assembly that the board of examiners of nursing home administrators be adequately funded to carry out the duties and functions specified by this article 265 as well as the legislative intent expressed in this section.
Renumbered from C.R.S. §
12-39-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-101 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-102 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 265.
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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-103 - Definitions

As used in this article 265, unless the context otherwise requires:
(1)
"Board" means the board of examiners of nursing home administrators created in section
12-265-106
.
(2)
"Nursing home administrator" means any individual licensed and responsible for planning, organizing, directing, and controlling the operation of a nursing home or who in fact performs these functions, whether or not these functions are shared by one or more other persons.
(3)
"Nursing home administrator-in-training" means an individual registered with the board pursuant to the provisions of this article 265.
(4)
"Nursing home facility" shall have the same meaning as that set forth in section
25-1-1002
and shall include nursing care facilities, whether proprietary or nonprofit, that are licensed under section
25-1.5-103(1)(a)(I)
or pursuant to the rules for nursing homes promulgated by the department of public health and environment. The term "nursing home" includes but is not limited to nursing homes owned or administered by the state government or any agency or political subdivision thereof.
(5)
"Practice of nursing home administration" means the planning, organizing, directing, and control of the operation of a nursing home.
(6)
"Reasonable grounds" means facts and circumstances sufficiently strong to warrant a prudent person to believe that the facts and circumstances are true.
Renumbered from C.R.S. §
12-39-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1469, § 1, effective July 1. L. 94: (4) amended, p. 2729, § 340, effective July 1. L. 2003: (4) amended, p. 703, § 18, effective July 1.
This section is similar to former § 12-39-102 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-104 - Administrator license required

No person shall practice or offer to practice nursing home administration in this state or use any title, sign, card, or device to indicate that the person is a nursing home administrator, unless the person has been duly licensed as a nursing home administrator as required by this article 265.
Renumbered from C.R.S. §
12-39-103
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-103 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-105 - State training school

The nursing home administrator in each of the three state home and training schools at Grand Junction, Pueblo, and Wheat Ridge is not required to be the superintendent of the facility.
Renumbered from C.R.S. §
12-39-103.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-103.5 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-108 - Qualifications for admission to examination

(1)
The board shall admit to examination for licensure as a nursing home administrator any applicant who pays a fee as determined by the board, submits evidence of suitability prescribed by the board, is twenty-one years of age or older, and provides written documentation that the applicant meets one of the following requirements:
(a)
The applicant has successfully completed the administrator-in-training program pursuant to section
12-265-109
; or
(b)
The applicant has successfully completed a bachelor's degree or higher degree in public health administration or health administration, a master's degree in management or business administration, or any degree or degrees deemed appropriate by the board; or
(c)
(I)
The applicant has successfully completed an associate's degree or higher degree in a health-care-related field or a bachelor's degree in business or public administration and has a minimum of one year of experience in administration in a nursing home or hospital. For the purposes of this section, a registered nurse who is a graduate of a three-year diploma program meets the associate degree requirement.
(II)
For purposes of the experience required by this subsection (1)(c), an applicant must have day-to-day, on-site responsibility for supervising, directing, managing, monitoring, or exercising reasonable control over subordinates for one year.
(2)
If the applicant fails to provide evidence satisfactory to the board that the applicant meets the requirements of subsection (1) of this section, the applicant shall not be admitted to take the licensing examination, and the applicant shall not be entitled to or be granted a license as a nursing home administrator.
Renumbered from C.R.S. §
12-39-106
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 99: Entire section amended, p. 361, § 4, effective July 1. L. 2009: (1)(b), (1)(c), and (2) amended, (SB 09-169), ch. 225, p. 1024, §7, effective May 4. L. 2012: (1) amended, (SB 12-091), ch. 121, p. 411, § 3, effective September 1.
This section is similar to former § 12-39-106 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-109 - Administrator-in-training - rules

(1)
The board may grant admission into the nursing home administrator-in-training program to an applicant for a nursing home administrator's license who meets the board's criteria for education and experience, pursuant to section
12-265-107(4)
. Upon successful completion of the one-thousand-hour training period, the applicant is eligible to take the examination.
(2)
Every nursing home administrator-in-training shall register the fact of the training with the board in accordance with the rules and on forms provided by the board.
(3)
The board shall, by rule, establish a monitoring mechanism that will provide oversight of the administrator-in-training program, including a requirement that an administrator-in-training submit periodic progress reports to the board.
(4)
The board may waive any portion required by subsection (1) of this section if it finds that the applicant has prior experience or training sufficient to satisfy requirements established by rule of the board.
Renumbered from C.R.S. §
12-39-107
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1474, § 1, effective July 1. L. 99: (1) and (5) amended, p. 362, § 5, effective July 1. L. 2009: (2), (4), and (6) amended, (SB 09-169), ch. 225, p. 1024, §8, effective May 4. L. 2012: (1) amended, (SB 12-091), ch. 121, p. 412, § 4, effective September 1.
This section is similar to former § 12-39-107 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-110 - Licenses - temporary licenses - renewal - fees - rules

(1)
Any license issued by the board pursuant to this article 265 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 265 or section
12-20-202(1)
.
(2)
Only an individual who has qualified as a licensed nursing home administrator under the provisions of this article 265 and who holds a valid current license pursuant to the provisions of this section has the privilege of using the title "nursing home administrator" and the right and the privilege of using the abbreviation "N.H.A." after the person's name.
(3)
The board shall maintain a list of all licensed nursing home administrators, which list shall show: The place of residence, the name and age of each licensee, any action taken by the board, the number of the license issued to the licensee, and such other pertinent information as the board may deem necessary. The department of regulatory agencies shall keep a list of applicants who are denied.
(4)
The board may issue a temporary license to an applicant for a period not to exceed six months. The board shall promulgate rules for the issuance of a temporary license.
(5)
A temporary license shall be granted to an applicant who is employed as a hospital administrator by a general hospital licensed or certified by the department of public health and environment. The temporary license shall be granted for a period not to exceed twelve months and shall be void at such time as the license holder is no longer employed by the general hospital.
(6)
The board shall establish, pursuant to section
12-20-105
, and publish annually a schedule of fees for the licensing of nursing home administrators.
(7)
Each licensee shall, within thirty days, notify the board of any conviction of a felony or the acceptance of a guilty plea or a plea of nolo contendere to a felony.
Renumbered from C.R.S. §
12-39-108
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1475, § 1, effective July 1. L. 94: (6) amended, p. 2729, § 342, effective July 1. L. 2004: (1) amended, p. 1839, § 85, effective August 4. L. 2009: (2) repealed, (SB 09-169), ch. 225, p. 1025, §9, effective May 4.
This section is similar to former § 12-39-108 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-111 - Examinations

(1)
The board shall determine the subjects of the state examination for all applicants for licensure as nursing home administrators.
(2)
Examinations shall be held at least semiannually at such times and places as the board shall designate. Any examination shall be prepared or approved by the board.
(3)
The board shall have the authority to select and administer a national examination.
Renumbered from C.R.S. §
12-39-109
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-109 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-112 - Licensure by endorsement

The board shall issue a license by endorsement to an applicant who satisfies the requirements of the occupational credential portability program.
Amended by 2020 Ch. 126, § 35, eff. 6/25/2020.
Renumbered from C.R.S. §
12-39-110
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1476, § 1, effective July 1. L. 2010: IP(2) and (2)(c) amended, (HB 10 -1175), ch. 46, p. 174, § 4, effective 7/1/2011. L. 2012: (1) amended, (SB 12-091), ch. 121, p. 412, § 5, effective September 1.
This section is similar to former § 12-39-110 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-114 - Withholding or denial of license - hearing

The board has the authority, pursuant to article
4
of title
24
, to determine whether an applicant for a license or a temporary license to practice as a nursing home administrator possesses the qualifications required by this article 265, or whether there are reasonable grounds to believe that the applicant has done any of the acts set forth in section
12-265-113
as grounds for discipline. As used in this section, "applicant" does not include a person seeking the renewal of a license.
Renumbered from C.R.S. §
12-39-112
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-112 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-115 - Mental and physical examination of licensees

(1)
(a)
If the board has reasonable grounds to believe that a licensee or temporary license holder is unable to practice with reasonable skill and safety to residents because of a condition described in section
12-265-113(1)(g) or (1)(h)
, it may require the person to submit to a mental or physical examination by a physician or other licensed health-care professional it designates. Upon the failure of the person to submit to the mental or physical examination, unless due to circumstances beyond the person's control, the board may suspend the person's license until the person submits to the required examinations.
(b)
Every licensee or temporary license holder, by engaging in the practice of nursing home administration in this state or by applying for the renewal of a license or temporary license, shall be deemed to have given consent to submit to a mental or physical examination when so directed in writing by the board. The direction to submit to an examination shall contain the basis of the board's reasonable grounds to believe that the licensee is unable to practice with reasonable skill and safety to residents because of a condition described in section
12-265-113(1)(g) or (1)(h)
. The licensee 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 of privileged communication.
(2)
Nothing in this section shall prevent the licensee from submitting testimony or examination reports of a physician or other licensed health-care professional designated by the licensee that pertains to a condition described in section
12-265-113(1)(g) or (1)(h)
that may be considered by the board in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the board.
(3)
The results of any mental or physical examination ordered by the board shall not be used as evidence in any proceeding other than one before the board and shall not be deemed public records nor made available to the public.
Renumbered from C.R.S. §
12-39-113
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1479, § 1, effective July 1. L. 2009: (1) and (2) amended, (SB 09-169), ch. 225, p. 1025, §11, effective May 4.
This section is similar to former § 12-39-113 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-117 - Temporary advisory committees - immunity

(1)
The board may appoint temporary advisory committees, including temporary professional review committees, to assist in the performance of its duties with respect to individual investigations. Each temporary advisory committee shall consist of at least three licensees who have expertise in the area under review. Members of temporary advisory committees shall receive no compensation for their services but shall be reimbursed for the actual and necessary expenses incurred in the performance of their duties.
(2)
If a professional review committee is established pursuant to subsection (1) of this section to investigate the quality of care being given by a person licensed pursuant to this article 265, the committee 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.
(3)
In addition to the persons specified in section
12-20-402
, any member of a professional review committee, any member of the committee's staff, any person acting as a witness or consultant to the committee, any witness testifying in a proceeding authorized under this article 265, and any person who lodges a complaint pursuant to this article 265 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. §
12-39-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1481, § 1, effective July 1. L. 2004: (3) amended, p. 1840, § 87, effective August 4.
This section is similar to former § 12-39-115 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-118 - Unauthorized practice - penalties

Any person who practices or offers or attempts to practice as a nursing home administrator without an active license issued under this article 265 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Renumbered from C.R.S. §
12-39-116
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1481, § 1, effective July 1. L. 2002: (2) amended, p. 1480, § 82, effective October 1. L. 2006: (1) repealed and (2) amended, p. 90, §§ 38, 37, effective August 7.
This section is similar to former § 12-39-116 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-119 - Cease-and-desist orders

The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section
12-20-405
.
Renumbered from C.R.S. §
12-39-117
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article R&RE, p. 1482, § 1, effective July 1. L. 2006: Entire section amended, p. 804, § 34, effective July 1.
This section is similar to former § 12-39-117 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-120 - Injunctive proceedings

The board may seek injunctive relief through the attorney general or the district attorney in accordance with section
12-20-406
, but only to enjoin any person who does not possess a currently valid or active nursing home administrator's license from committing any act declared to be unlawful or prohibited by this article 265. In any action taken pursuant to this section, the court shall not require the board to post a bond.
Renumbered from C.R.S. §
12-39-118
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-118 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-121 - Administration of nursing homes relying on treatment by spiritual means

A person who serves as an administrator of a nursing home conducted exclusively for persons who rely upon treatment by spiritual means alone, through prayer in accordance with the creed or tenets of a church or religious denomination, shall be exempt from the provisions of this article 265.
Renumbered from C.R.S. §
12-39-119
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-119 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-122 - Records

The board shall keep formal records of all complaints it receives and of the final disposition of the complaints. The board shall be responsible for implementing a tracking system to facilitate the retrieval of the records.
Renumbered from C.R.S. §
12-39-120
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-39-120 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 265 - NURSING HOME ADMINISTRATORS (§§ 12-265-101 — 12-265-123) › Section 12-265-123 - Repeal of article - review of functions

This article 265 is repealed, effective September 1, 2028. Before the repeal, the licensing functions of the board are scheduled for review in accordance with section
24-34-104
.
Amended by 2023 Ch. 327,§ 2, eff. 6/2/2023.
Renumbered from C.R.S. §
12-39-121
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2018 Ch. 277, § 1, eff. 7/1/2018.
L. 93: Entire article R&RE, p. 1482, § 1, effective July 1. L. 99: (1) amended, p. 362, § 7, effective July 1. L. 2009: (1) amended, (SB 09 -169), ch. 225, p. 1021, § 1, effective May 4. L. 2018: Entire section amended, (HB 18-1294), ch. 277, p. 1749, § 1, effective July 1.
This section is similar to former § 12-39-121 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-101 - Short title

The short title of this article 270 is the "Occupational Therapy Practice Act".
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Renumbered from C.R.S. §
12-40.5-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-270-101 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that:
(a)
Occupational therapy services are provided for the purpose of promoting health and wellness to those who have or are at risk for developing an illness, injury, disease, disorder, condition, impairment, disability, activity limitation, or participation restriction;
(b)
Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well-being, and quality of life;
(c)
Occupational therapy practice consists of client management, which includes occupational therapy diagnosis and prognosis to optimize occupational performance;
(d)
Occupational therapy includes contributions to public health services that are intended to improve the health of the public;
(e)
The professional scope of occupational therapy practice evolves in response to innovation, research, collaboration, and change in societal needs; and
(f)
This article 270 is necessary to:
(I)
Safeguard the public health, safety, and welfare; and
(II)
Protect the public from incompetent, unethical, or unauthorized persons.
(2)
The general assembly further determines that it is the purpose of this article 270 to regulate persons who are representing themselves as occupational therapists and occupational therapy assistants and who are performing services that constitute occupational therapy.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 3, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-270-102 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 270.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-270-103 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-105 - Use of titles restricted

(1)
Only a person licensed as an occupational therapist in this state or who is a legally qualified occupational therapist from another state or country providing services on behalf of a temporarily absent occupational therapist licensed in this state, in accordance with section
12-270-110(1)(e)
, may use the title "occupational therapist licensed", "licensed occupational therapist", "occupational therapist", "doctor of occupational therapy", or "occupational therapy consultant"; use the abbreviation "O.T.", "M.O.T.", "O.T.D.", "O.T.R.", "O.T./L.", "M.O.T./L.", "O.T.D./L.", or "O.T.R./L."; or use any other generally accepted terms, letters, or figures that indicate that the person is an occupational therapist.
(2)
Only a person licensed as an occupational therapy assistant in this state may use the title "occupational therapy assistant", "occupational therapy assistant licensed", or "licensed occupational therapy assistant"; use the abbreviation "O.T.A.", "O.T.A./L.", "C.O.T.A.", or "C.O.T.A./L."; or use any other generally accepted terms, letters, or figures indicating that the person is an occupational therapy assistant.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 5, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 4, eff. 6/30/2013.
This section is similar to former § 12-40.5-105 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-106 - License required - occupational therapists - occupational therapy assistants

(1)
Except as otherwise provided in this article 270, a person shall not practice occupational therapy or represent that the person may practice occupational therapy in this state without possessing a valid license issued by the director in accordance with this article 270 and rules adopted pursuant to this article 270.
(2)
Except as otherwise provided in this article 270, a person shall not practice as an occupational therapy assistant or represent that the person may practice as an occupational therapy assistant in this state without possessing a valid license issued by the director in accordance with this article 270 and any rules adopted under this article 270.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 6, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 5, eff. 6/30/2013.
This section is similar to former § 12-270-106 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-108.5 - Provisional license - fee - examination

(1)
The director may issue a provisional license to practice as an occupational therapist or occupational therapy assistant to an individual who:
(a)
Submits an application and pays a fee as determined by the director; and
(b)
Has successfully completed an occupational therapy program that meets the education and experiential requirements in section
12-270-107
for an occupational therapist or in section
12-270-108
for an occupational therapy assistant.
(2)
(a)
A provisional license may be issued only for the purpose of allowing a qualified applicant to practice as an occupational therapist or occupational therapy assistant until:
(I)
The applicant takes the next nationally recognized examination; or
(II)
The necessary data for licensure by endorsement is collected and ruled on by the director.
(b)
If an individual fails to pass the next nationally recognized examination during the individual's initial eligibility period, all privileges granted to the individual under this section automatically cease upon due notice to the applicant of such failure, and such privileges may not be renewed.
(3)
A person who holds a provisional license may practice only under the supervision of an occupational therapist actively licensed in this state.
(4)
A provisional license issued pursuant to this section expires no later than sixty days after the date it was issued. A provisional license may be issued only once and is not subject to the provisions of section
12-270-107
or
12-270-108
concerning renewal.
Added by 2021 Ch. 451,§ 2, eff. 7/6/2021.
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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-109 - Supervision of occupational therapy assistants and aides

(1)
An occupational therapy assistant may practice only under the supervision of an occupational therapist who is licensed to practice occupational therapy in this state. The occupational therapist is responsible for occupational therapy evaluation, appropriate reassessment, treatment planning, interventions, and discharge from occupational therapy services based on standard professional guidelines. Supervision of an occupational therapy assistant by an occupational therapist is a shared responsibility. The supervising occupational therapist and the supervised occupational therapy assistant have legal and ethical responsibility for ongoing management of supervision, including providing, requesting, giving, or obtaining supervision. The supervising occupational therapist shall determine the frequency, level, and nature of supervision with input from the occupational therapy assistant and shall base the supervision determination on a variety of factors, including the clients' required level of care, the treatment plan, and the experience and pertinent skills of the occupational therapy assistant.
(2)
The supervising occupational therapist shall supervise the occupational therapy assistant in a manner that ensures that the occupational therapy assistant:
(a)
Does not initiate or alter a treatment program without prior evaluation by and approval of the supervising occupational therapist;
(b)
Obtains prior approval of the supervising occupational therapist before making adjustments to a specific treatment procedure; and
(c)
Does not interpret data beyond the scope of the occupational therapy assistant's education and training.
(3)
An aide shall function only under the guidance, responsibility, and supervision of an occupational therapist or occupational therapy assistant. The aide shall perform only specifically selected tasks for which the aide has been trained and has demonstrated competence to the occupational therapist or occupational therapy assistant. The supervising occupational therapist or occupational therapy assistant shall supervise the aide in a manner that ensures compliance with this subsection (3) and is subject to discipline under section
12-270-114
for failure to properly supervise an aide.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Renumbered from C.R.S. §
12-40.5-107
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 7, eff. 6/30/2013.
This section is similar to former § 12-270-109 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-110 - Scope of article - exclusions

(1)
This article 270 does not prevent or restrict the practice, services, or activities of:
(a)
A person licensed or otherwise regulated 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;
(b)
A person pursuing a course of study leading to a degree in occupational therapy at an educational institution with an accredited occupational therapy 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;
(c)
A person fulfilling the supervised fieldwork experience requirements of section
12-270-107(1)
or
12-270-108(1)
if the experience constitutes a part of the experience necessary to meet the requirement of section
12-270-107(1)
or
12-270-108(1)
and the person acts under appropriate supervision;
(d)
A person fulfilling an occupational therapy doctoral capstone experience if the person acts under appropriate supervision; or
(e)
Occupational therapy in this state by any legally qualified occupational therapist from another state or country when providing services on behalf of a temporarily absent occupational therapist licensed in this state, so long as the unlicensed occupational therapist is acting in accordance with rules established by the director. The unlicensed practice must not be of more than four weeks' duration, and a person shall not undertake unlicensed practice more than once in any twelve-month period.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 9, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-108
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 8, eff. 6/30/2013.
This section is similar to former § 12-270-110 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-111 - Limitations on authority

(1)
Nothing in this article 270 authorizes an occupational therapist to engage in the practice of medicine, as defined in section
12-240-107
; optometry, as described in article
275
of this title 12; or any other form of healing except as authorized by this article 270.
(2)
Nothing in this section prevents an occupational therapist from making an occupational therapy diagnosis within the occupational therapist's scope of practice.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 10, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-109
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-270-111 as it existed prior to 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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-112 - Continuing professional competency - definition

(1)
(a)
Each occupational therapist and occupational therapy assistant shall maintain continuing professional competency to practice occupational therapy.
(b)
The director shall establish a continuing professional competency program that includes:
(I)
A self-assessment of the knowledge and skills of a licensee seeking to renew or reinstate a license;
(II)
Development, execution, and documentation of a learning plan based on the self-assessment described in subsection (1)(b)(I) of this section; 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 an occupational therapist or occupational therapy assistant licensed pursuant to this article 270 need not retake the examination required by section
12-270-107(2)
or
12-270-108(2)
, respectively, for initial licensure.
(2)
A licensee satisfies the continuing competency requirements of this section if the licensee meets the continuing professional competency requirements of an accrediting body or an entity that is approved by the director.
(3)
(a)
After the program is established, a licensee must satisfy the requirements of the program in order to renew or reinstate a license to practice occupational therapy.
(b)
The requirements of this section apply to individual occupational therapists and occupational therapy assistants, and nothing in this section requires a person who employs or contracts with an occupational therapist or occupational therapy assistant to comply with this section.
(4)
Records of assessments or other documentation developed or submitted in connection with the continuing professional competency program:
(a)
Are confidential and not subject to inspection by the public or discovery in connection with a civil action against an occupational therapist, occupational therapy assistant, or other professional regulated under this title 12; and
(b)
May be used only by the director and only for the purpose of determining whether a licensee 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 licensee to learn, integrate, and apply the knowledge, skill, and judgment to practice occupational therapy according to generally accepted standards and professional ethical standards.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 15, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-109.3
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 411,§ 12, eff. 6/30/2013.
This section is similar to former § 12-270-112 as it existed prior to 2020.