2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › DIVISION OF PROFESSIONS AND OCCUPATIONS (§§ 12-20-101 — 12-30-209) › Article 30 - PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS (§§ 12-30-101 — 12-30-209) › Part 1 - MISCELLANEOUS PROVISIONS APPLICABLE TO HEALTH-CARE PROFESSIONS AND OCCUPATIONS (§§ 12-30-101 — 12-30-124) › Section 12-30-103 - Solicitation of accident victims - waiting period - definitions

(1)
Except as permitted by subsection (2) of this section, neither a health-care practitioner nor an agent of a health-care practitioner shall engage in solicitation for professional employment concerning a personal injury unless the incident for which employment is sought occurred more than thirty days before the solicitation.
(2)
This section does not apply to any person providing emergency health care at the time of the incident or follow-up referrals to physicians from the emergency health-care providers.
(3)
Any agreement made in violation of this section is voidable at the option of the individual suffering the personal injury or the individual's authorized representative.
(4)
As used in this section:
(a)
"Health-care practitioner" means:
(I)
An acupuncturist licensed under article
200
of this title 12;
(II)
An audiologist licensed under article
210
of this title 12;
(III)
A chiropractor licensed under article
215
of this title 12;
(IV)
A dentist, dental therapist, or dental hygienist licensed under article
220
of this title 12;
(V)
A massage therapist licensed under article
235
of this title 12;
(VI)
A physician, physician assistant, or anesthesiologist assistant licensed under article
240
of this title 12;
(VII)
A psychologist, social worker, marriage and family therapist, professional counselor, or addiction counselor licensed under part 3, 4, 5, 6, or 8 of article
245
of this title 12;
(VIII)
A practical or professional nurse licensed under article
255
of this title 12;
(IX)
A nursing home administrator licensed under article
265
of this title 12;
(X)
An occupational therapist or occupational therapy assistant licensed under article
270
of this title 12;
(XI)
An optometrist licensed under article
275
of this title 12;
(XII)
A pharmacist licensed under article
280
of this title 12;
(XIII)
A physical therapist or physical therapist assistant licensed under article
285
of this title 12;
(XIV)
A podiatrist licensed under article
290
of this title 12;
(XV)
A psychiatric technician licensed under article
295
of this title 12; or
(XVI)
A respiratory therapist licensed under article
300
of this title 12.
(b)
"Solicitation" means an initial contact initiated in person, through any form of electronic or written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless the contact is requested by the individual, a member of the individual's family, or the individual's authorized representative. "Solicitation" does not include radio, television, newspaper, or yellow pages advertisements.
Amended by 2022 Ch. 381, § 31, eff. 1/1/2023.
Renumbered from C.R.S. §
12-29.1-102
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-29.1-102 as it existed prior to 2019.
2022 Ch. 381, was passed without a safety clause. See Colo. Const. art. V, § 1(3).