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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-120 - [Effective 8/7/2024] Refusal of license - issuance subject to probation

(1)
The board may refrain from issuing 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 article 240;
(b)
Has engaged in unprofessional conduct, as defined in section
12-240-121
;
(c)
Has been disciplined in another state or foreign jurisdiction with respect to the applicant's license to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant;
(d)
Has not actively practiced medicine, practiced as a physician assistant, or practiced as an anesthesiologist assistant for the two-year period immediately preceding the filing of an application, or otherwise maintained continued competency during that period, as determined by the board; or
(e)
Has not completed required continuing medical education pursuant to section 12-240-130.5.
(2)
For purposes of this section, "discipline" includes any matter that must be reported pursuant to
45 CFR 60.8
and is substantially similar to unprofessional conduct, as defined in section
12-240-121
.
(3)
An applicant whose application is denied or whose license is granted subject to terms of probation may seek review pursuant to section
24-4-104 (9)
; except that, if an applicant accepts a license that is subject to terms of probation, the acceptance shall be in lieu of and not in addition to the remedies set forth in section
24-4-104 (9)
.
Amended by 2024 Ch. 385,§ 5, eff. 8/7/2024.
Renumbered from C.R.S. §
12-36-116
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 51: p. 571, § 16. CSA: C. 109, § 33(16). CRS 53: § 91-1-16. C.R.S. 1963: § 91-1-16. L. 73: p. 525, § 49. L. 79: Entire section amended, p. 511, § 11, effective July 1. L. 95: Entire section amended, p. 1060, § 11, effective July 1. L. 2001: (1) and (2) amended, p. 178, § 5, effective August 8. L. 2012: (1)(c) and (1)(d) amended, (HB 12-1332), ch. 238, p. 1055, § 7, effective August 8.
This section is similar to former § 12-36-116 as it existed prior to 2019.
2024 Ch. 385, 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-122 - Prescriptions - requirement to advise patients

(1)
A physician or physician assistant licensed under this article 240 may advise the physician's or the physician assistant's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.
(2)
A physician's or a physician assistant's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the physician's or the physician assistant's professional license issued under this article 240. Failure to advise a patient pursuant to subsection (1) of this section shall not be grounds for any civil action against a physician or physician assistant in a negligence or tort action, nor shall the failure be evidence in any civil action against a physician or a physician assistant.
Amended by 2023 Ch. 114,§ 4, eff. 8/7/2023.
Renumbered from C.R.S. §
12-36-117.5
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-36-117.5 as it existed prior to 2019.
2023 Ch. 114, 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-123 - Prescriptions - limitations

A physician or physician assistant is subject to the limitations on prescriptions specified in section
12-30-109
.
Amended by 2021 Ch. 364,§ 10, eff. 7/1/2021.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-117.6 as it existed prior to 2019.
For the legislative declaration in HB 21-1276, see section 1 of chapter 364, Session Laws of Colorado 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-124 - Prescribing opioid antagonists

A physician or physician assistant licensed pursuant to this article 240 may prescribe or dispense an opioid antagonist in accordance with section
12-30-110
.
Amended by 2024 Ch. 458,§ 10, eff. 6/6/2024.
Added by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-36-117.7 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-126 - Confidential agreements to limit practice

Section
12-30-108
concerning confidential agreements to limit practice applies to this article 240. An agreement entered into pursuant to section 12-30-108 shall be considered an administrative action by the board.
Renumbered from C.R.S. §
12-36-118.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 406,§ 8, eff. 7/1/2019.
Amended by 2017 Ch. 263,§ 57, eff. 5/25/2017.
L. 2010: Entire section added, (HB 10-1260), ch. 403, p. 1961, §30, effective July 1. L. 2012: (1) and (2)(a) amended, (HB 12-1332), ch. 238, p. 1056, § 10, effective August 8. L. 2017: (1) and (2)(a) amended, (SB 17-242), ch. 263, p. 1273, § 57, effective May 25.
(1) This section is similar to former § 12-36-118.5 as it existed prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-193. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-193, chapter 406, 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-127 - Appeal of final board actions

When the board refuses to grant a license, imposes disciplinary action pursuant to section
12-240-125
, or places a licensee on probation, the action may be reviewed pursuant to section
12-20-408
, unless the licensee has accepted a license subject to terms of probation as set forth in section
12-240-120(3)
.
Renumbered from C.R.S. §
12-36-119
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 51: p. 574, § 19. CSA: C. 109, § 33(19). CRS 53: § 91-1-19. C.R.S. 1963: § 91-1-19. L. 75: (2) amended, p. 555, § 1, effective April 9. L. 76: (1) amended, p. 414, § 8, effective July 1. L. 77: (1) and (2) amended, p. 683, § 3, effective July 1. L. 79: Entire section amended, p. 518, § 15, effective July 1. L. 81: (2) amended, p. 1144, § 5, effective July 1. L. 85: (1)(b) and (2) amended, pp. 504, 522, §§ 15, 10, effective July 1. L. 95: Entire section amended, p. 1066, § 14, effective July 1. L. 2001: Entire section amended, p. 182, § 8, effective August 8.
This section is similar to former § 12-36-119 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-129 - Intern, resident, or fellow reporting

(1)
Notwithstanding any provision of section
12-240-125(9)
to the contrary, the board shall inform the licensed physicians responsible for the supervision of an intern, resident, or fellow of any complaint received in writing relating to the intern, resident, or fellow. The board shall also inform the program sponsoring the intern, resident, or fellow of actions of the board regarding the complaint.
(2)
The board in its discretion may release records that are not otherwise privileged or confidential by law to the licensed physicians responsible for the supervision of an intern, resident, or fellow, but only if the physician agrees in writing not to redisclose the records or the information contained therein for use outside of any proceeding within the program or practice site.
(3)
Licensed physicians responsible for the supervision of interns, residents, or fellows in graduate training programs shall promptly report to the board anything concerning a licensee in the graduate training program that would constitute a violation of this article 240. The physicians shall also report to the board any licensee who has not progressed satisfactorily in the program because the licensee has been dismissed, suspended, or placed on probation for reasons that constitute unprofessional conduct as defined in section
12-240-121
, unless the conduct has been reported to the peer health assistance program pursuant to section
12-240-131
.
Renumbered from C.R.S. §
12-36-122.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 2002: Entire section added, p. 545, § 2, effective August 7. L. 2010: (3) added with relocations, (HB 10-1260), ch. 403, p. 1974, §43, effective July 1.
This section is similar to former § 12-36-122.5 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-132 - Division of fees - independent advertising or marketing agent - definition

(1)
(a)
If any person holding a license issued by the board divides any fee or compensation received or charged for services rendered by him or her as a licensee or agrees to divide any fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for sending or bringing any patient or other person to the licensee, or for recommending the licensee to any person, or for being instrumental in any manner in causing any person to engage the licensee in his or her professional capacity; or if any licensee shall either directly or indirectly pay or compensate or agree to pay or compensate any person, firm, association, or corporation for sending or bringing any patient or other person to the licensee for examination or treatment, for recommending the licensee to any person, or for being instrumental in causing any person to engage the licensee in his or her professional capacity; or if any licensee, in his or her professional capacity and in his or her own name or behalf, shall make or present a bill or request a payment for services rendered by any person other than the licensee, the licensee commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(b)
Notwithstanding the provisions of subsection (1)(a) of this section, a licensee may pay an independent advertising or marketing agent compensation for the advertising or marketing services rendered on the licensee's behalf by the agent, including compensation that is paid for the results or performance of the services on a per patient basis.
(c)
As used in this subsection (1), "independent advertising or marketing agent" means a person, firm, association, or corporation that performs advertising or other marketing services on behalf of licensees, including referrals of patients to licensees resulting from patient-initiated responses to advertising or marketing services.
(2)
Violation of the provisions of this section shall constitute grounds for the suspension or revocation of a license or the placing of the holder thereof on probation.
Amended by 2021 Ch. 462,§ 148, eff. 3/1/2022.
Renumbered from C.R.S. §
12-36-125
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) This section is similar to former § 12-36-125 as it existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-133 - Recovery of fees illegally paid

If any licensee, in violation of section
12-240-132
, divides or agrees to divide any fee or compensation received by the licensee for services rendered in his or her professional capacity with any person whomsoever, the person who has paid the fee or compensation to the licensee may recover the amount unlawfully paid or agreed to be paid from either the licensee or from the person to whom the fee or compensation has been paid, by an action to be instituted within two years from the date on which the fee or compensation was so divided or agreed to be divided.
Renumbered from C.R.S. §
12-36-126
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-126 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-134 - Liability of persons other than licensee

If any person, firm, association, or corporation receives, either directly or indirectly, any pay or compensation given or paid in violation of section
12-240-132
, the person, firm, association, or corporation, and the officers and directors thereof, commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
Amended by 2021 Ch. 462,§ 149, eff. 3/1/2022.
Renumbered from C.R.S. §
12-36-127
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
(1) This section is similar to former § 12-36-127 as it existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-136 - Existing licenses

(1)
Nothing in this article 240 shall be construed to invalidate or affect the license of any person holding a valid, unrevoked, and unsuspended license to practice medicine in this state on July 1, 1951, except as otherwise provided by this article 240.
(2)
Nothing in this article 240 shall be construed to invalidate the license of any person holding a valid, unrevoked, and unsuspended license on June 30, 1979, to practice medicine in this state or to affect any disciplinary proceeding or appeal pending on June 30, 1979, or any appointment to the board, the inquiry panel, or the hearings panel made on or before June 30, 1979.
Renumbered from C.R.S. §
12-36-131
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-131 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-137 - Postmortem examinations by licensee - definition - application of this section

(1)
As used in this section, "person" shall include any individual, partnership, corporation, body politic, or association.
(2)
Consent for a licensee to conduct a postmortem examination of the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or, in the absence of any of the foregoing, a friend or a person charged by law with the responsibility for burial. If two or more persons assume custody of the body, the consent of one of them shall be deemed sufficient.
(3)
Nothing in this section shall be construed as a repeal of any provision of part 6 of article
10
of title
30
.
Renumbered from C.R.S. §
12-36-133
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-133 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-140 - Determination of death

(1)
An individual is dead if:
(a)
The individual has sustained irreversible cessation of circulatory and respiratory functions; or
(b)
The individual has sustained irreversible cessation of all functions of the entire brain, including the brain stem.
(2)
A determination of death under this section shall be in accordance with accepted medical standards.
Renumbered from C.R.S. §
12-36-136
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-136 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-141 - [Effective Until 8/7/2024] Inactive license

(1)
Any licensee pursuant to section
12-240-117
may apply to the board to be transferred to an inactive status. The application shall be in the form and manner designated by the board. The board may grant inactive status by issuing an inactive license or it may deny the application as set forth in section
12-240-120
.
(2)
Any person applying for a license under this section shall:
(a)
Provide an affidavit to the board that the applicant, after a date certain, will not practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state unless the applicant is issued a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant pursuant to subsection (5) of this section;
(b)
Pay the license fee as authorized pursuant to section
12-240-130
; and
(c)
Comply with any financial responsibility standards promulgated by the board pursuant to section
13-64-301 (1)
.
(3)
The inactive status shall be plainly indicated on the face of any inactive license issued under this section.
(4)
The board is authorized to undertake disciplinary proceedings as set forth in sections
12-240-121
and
12-240-125
against any person licensed under this section for any act committed while the person was licensed pursuant to this article 240.
(5)
Any person licensed under this section who wishes to resume the practice of medicine or to resume practice as a physician assistant shall file an application in the form and manner the board shall designate, pay the license fee promulgated by the board pursuant to section
12-240-130
, and meet the financial responsibility requirements promulgated by the board pursuant to section
13-64-301 (1)
. The board may approve the application and issue a license or may deny the application as set forth in section
12-240-120
.
Renumbered from C.R.S. §
12-36-137
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 90: Entire section added, p. 815, § 4, effective May 8. L. 2001: (1), (2)(a), and (5) amended, p. 185, § 16, effective August 8. L. 2012: (2)(a) amended, (HB 12-1332), ch. 238, p. 1059, § 13, effective August 8.
This section is similar to former § 12-36-137 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-141 - [Effective 8/7/2024] Inactive license

(1)
Any licensee pursuant to section
12-240-117
may apply to the board to be transferred to an inactive status. The application shall be in the form and manner designated by the board. The board may grant inactive status by issuing an inactive license or it may deny the application as set forth in section
12-240-120
.
(2)
Any person applying for a license under this section shall:
(a)
Provide an affidavit to the board that the applicant, after a date certain, will not practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state unless the applicant is issued a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant pursuant to subsection (5) of this section;
(b)
Pay the license fee as authorized pursuant to section
12-240-130
; and
(c)
Comply with any financial responsibility standards promulgated by the board pursuant to section
13-64-301 (1)
.
(3)
The inactive status shall be plainly indicated on the face of any inactive license issued under this section.
(4)
The board is authorized to undertake disciplinary proceedings as set forth in sections
12-240-121
and
12-240-125
against any person licensed under this section for any act committed while the person was licensed pursuant to this article 240.
(5)
Any person licensed under this section who wishes to resume the practice of medicine or to resume practice as a physician assistant shall file an application in the form and manner the board shall designate, meet the required applicable continuing medical education requirements pursuant to section 12-240-130.5, pay the license fee promulgated by the board pursuant to section
12-240-130
, and meet the financial responsibility requirements promulgated by the board pursuant to section
13-64-301 (1)
. The board may approve the application and issue a license or may deny the application as set forth in section
12-240-120
.
Amended by 2024 Ch. 385,§ 6, eff. 8/7/2024.
Renumbered from C.R.S. §
12-36-137
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 90: Entire section added, p. 815, § 4, effective May 8. L. 2001: (1), (2)(a), and (5) amended, p. 185, § 16, effective August 8. L. 2012: (2)(a) amended, (HB 12-1332), ch. 238, p. 1059, § 13, effective August 8.
This section is similar to former § 12-36-137 as it existed prior to 2019.
2024 Ch. 385, 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-142 - Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules

(1)
Each licensed physician and physician assistant shall develop a written plan to ensure the security of patient medical records. The plan shall address at least the following:
(a)
The storage and proper disposal, if appropriate, of patient medical records;
(b)
The disposition of patient medical records in the event the licensee dies, retires, or otherwise ceases to practice or provide medical care 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 licensure under this article 240 and upon renewal of a license, the applicant or licensee, as applicable, shall attest to the board that he or she has developed a plan in compliance with this section.
(3)
A licensee 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 licensee who fails to comply with this section shall be subject to discipline in accordance with section
12-240-125
.
(5)
The board may adopt rules as necessary to implement this section.
Renumbered from C.R.S. §
12-36-140
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-140 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-143 - Medical marijuana recommendations - guidelines

The board, in consultation with the department of public health and environment and physicians specializing in medical marijuana, shall establish guidelines for physicians making medical marijuana recommendations.
Renumbered from C.R.S. §
12-36-141
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2015 Ch. 199,§ 2, eff. 5/18/2015.
This section is similar to former § 12-36-141 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-144 - Licensee duties relating to assistance animals - definitions

(1)
A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:
(a)
Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or
(b)
Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.
(2)
This section does not:
(a)
Change any laws or procedures related to a service animal under Title II and Title III of the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended;
(b)
Affect in any way the right of pet ownership in public housing established in
42 U.S.C. sec. 1437z-3
, as amended; or
(c)
Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
(3)
A licensee shall not make a determination related to subsection (1) of this section unless the licensee:
(a)
Has met with the patient in person or by telemedicine;
(b)
Is sufficiently familiar with the patient and the disability; and
(c)
Is legally and professionally qualified to make the determination.
(4)
For purposes of this section:
(a)
"Assistance animal" means an animal that qualifies as a reasonable accommodation under the federal "Fair Housing Act",
42 U.S.C. sec. 3601
et seq., as amended, or section 504 of the federal "Rehabilitation Act of 1973",
29 U.S.C. sec. 794
, as amended.
(b)
"Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal "Fair Housing Act",
42 U.S.C. sec. 3601
et seq., as amended, and
24 CFR 100.201
.
(c)
"Service animal" has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., as amended.
Renumbered from C.R.S. §
12-36-142
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2016 Ch. 309,§ 2, eff. 1/1/2017.
This section is similar to former § 12-36-142 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-145 - Prescription medications - financial benefit for prescribing prohibited

A physician or physician assistant shall not accept any direct or indirect benefit from a pharmaceutical manufacturer or pharmaceutical representative for prescribing a specific medication to a patient. For the purposes of this section, a direct or indirect benefit does not include a benefit offered to a physician or physician assistant regardless of whether the specific medication is being prescribed.
Added by 2019 Ch. 276,§ 15, eff. 10/1/2019.
This section is similar to § 12-36-117.8 as added in SB 19-228. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-228, chapter 276, 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 1 - LEGISLATIVE DECLARATION (§ 12-245-101) › Section 12-245-101 - Legislative declaration

(1)
The general assembly hereby finds and determines that, in order to safeguard the public health, safety, and welfare of the people of this state and in order to protect the people of this state against the unauthorized, unqualified, and improper application of psychology, social work, marriage and family therapy, professional counseling, psychotherapy, and addiction counseling, it is necessary that the proper regulatory authorities be established and adequately provided for.
(2)
The general assembly therefore declares that there shall be established a state board of psychologist examiners, a state board of social work examiners, a state board of marriage and family therapist examiners, a state board of licensed professional counselor examiners, a state board of unlicensed psychotherapists, and a state board of addiction counselor examiners with the authority to license, register, or certify, and take disciplinary actions or bring injunctive actions, or both, concerning licensed psychologists and psychologist candidates, licensed social workers and clinical social worker candidates, licensed marriage and family therapists and marriage and family therapist candidates, licensed professional counselors and licensed professional counselor candidates, unlicensed psychotherapists, and licensed and certified addiction counselors and addiction counselor candidates, respectively, and mental health professionals who have been issued a provisional license pursuant to this article 245.
Amended by 2022 Ch. 207,§2, eff. 8/10/2022.
Amended by 2020 Ch. 304,§45, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-101
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 535, § 1, effective July 1. L. 98: Entire section amended, p. 1107, § 3, effective July 1. L. 2005: Entire section amended, p. 126, § 1, effective August 8. L. 2008: Entire section amended, p. 416, § 2, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1292, §17, effective July 1.
This section is similar to former § 12-43-101 as it existed prior to 2019.
2022 Ch. 207, 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-201 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 245.
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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-203 - Practice outside of or beyond professional training, experience, or competence - general scope of practice for licensure, registration, or certification

(1)
Notwithstanding any other provision of this article 245, no licensee, registrant, or certificate holder is authorized to practice outside of or beyond the person's area of training, experience, or competence.
(2)
The practice of psychotherapy is one area of practice for mental health professionals licensed, certified, or registered pursuant to this article 245 but may not be the only or primary practice area of the professionals, other than persons registered as unlicensed psychotherapists pursuant to part 7 of this article 245. The requirements for licensure, registration, or certification as a mental health professional pursuant to this article 245 are contained in sections
12-245-303
,
12-245-403
,
12-245-503
,
12-245-603
, and
12-245-803
, which define the practice of psychology, social work, marriage and family therapy, licensed professional counseling, and addiction counseling, respectively.
Amended by 2020 Ch. 304,§ 47, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-202
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 536, § 1, effective July 1. L. 98: Entire section amended, p. 1108, § 5, effective July 1. L. 2008: Entire section amended, p. 417, § 4, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1292, §18, effective July 1.
This section is similar to former § 12-43-202 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-205 - Fees - renewal

(1)
All fees collected pursuant to this article 245 shall be determined, collected, and appropriated in the same manner as set forth in section
12-20-105
.
(2)
Each board may charge fees established pursuant to section
12-20-105
to all applicants for licensure, registration, or certification under this article 245.
(3)
Each license, registration, or certification issued pursuant to this article 245 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
. Any person whose license, registration, or certification expires is subject to the penalties provided in this article 245 or section
12-20-202(1)
.
(4)
The director shall coordinate fee-setting pursuant to this section so that all licensees, registrants, and certificate holders pay fees as required by this section.
Amended by 2020 Ch. 304,§ 48, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-204
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 538, § 1, effective July 1. L. 92: (3.5) added, p. 2034, § 3, effective July 1. L. 98: (3), (3.5), and (4) amended, p. 1110, § 7, effective July 1. L. 2004: (3.5) amended, p. 910, § 2, effective July 1; (3) and (4) amended, p. 1850, § 102, effective August 4. L. 2008: (3) and (3.5) amended, p. 418, § 6, effective August 5. L. 2011: (1) to (3) and (3.5) amended, (SB 11-187), ch. 285, p. 1295, §21, effective July 1.
This section is similar to former § 12-43-204 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-206 - Records

(1)
Each board shall keep a record of proceedings and a register of all applications for licenses, registrations, or certifications, which must include:
(a)
The name and age of each applicant;
(b)
The date of the application;
(c)
The mailing address of the applicant;
(d)
A summary of the educational and other qualifications of each applicant;
(e)
Whether or not an examination was required and, if required, proof that the applicant passed the examination;
(f)
Whether licensure, registration, or certification was granted;
(g)
The date of the action of the board;
(h)
Other information the board deems necessary or advisable in aid of the requirements of this section.
Renumbered from C.R.S. §
12-43-205
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 539, § 1, effective July 1. L. 2008: IP(1), (1)(g), and (1)(h) amended, p. 418, § 7, effective August 5. L. 2011: IP(1), (1)(a), (1)(c), and (1)(e) to (1)(h) amended, (SB 11-187), ch. 285, p. 1296, §22, effective July 1.
This section is similar to former § 12-43-205 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-207 - Licensure by endorsement

A board may issue a license by endorsement to engage in the practice of psychology, social work, marriage and family therapy, professional counseling, or addiction counseling to an applicant who satisfies the requirements of the occupational credential portability program.
Amended by 2020 Ch. 126,§ 28, eff. 6/25/2020.
Renumbered from C.R.S. §
12-43-206
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 539, § 1, effective July 1. L. 98: Entire section amended, p. 1111, § 8, effective July 1. L. 2008: Entire section amended, p. 418, § 8, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1296, §23, effective July 1.
This section is similar to former § 12-43-206 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-208 - Provisional license - fees

(1)
(a)
The board may issue a provisional license to an applicant who has completed a postgraduate degree that meets the educational requirements for licensure in section
12-245-304
,
12-245-404
,
12-245-504
,
12-245-604
, or
12-245-804
, as applicable, and who is working in a residential child care facility, as defined in section
26-6-903
, under the supervision of a licensee.
(b)
A provisional license issued pursuant to subsection (1)(a) of this section terminates at the earliest of:
(I)
Thirty days after termination of the provisional licensee's employment with a qualifying residential child care facility, unless the provisional licensee obtains and submits to the board proof of employment with another residential child care facility; or
(II)
Thirty days after termination of the provisional licensee's supervision by a licensee unless the provisional licensee obtains and submits to the board proof of supervision by another licensee.
(c)
A provisional licensee shall notify the board of any change in supervision within thirty days after the change.
(2)
Each board may charge an application fee to an applicant for a provisional license as provided in section
12-20-105
. An application for a provisional license must identify the name, contact information, and license number of the licensee providing supervision of the provisional licensure applicant.
Amended by 2022 Ch. 123, § 22, eff. 7/1/2022.
Renumbered from C.R.S. §
12-43-206.5
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 210, § 20, eff. 6/6/2016.
L. 2006: Entire section added, p. 1205, § 6, effective May 26. L. 2008: (1) and (2) amended, p. 419, § 9, effective August 5. L. 2011: Entire section amended, (SB 11 -187), ch. 285, p. 1278, § 6, effective July 1. L. 2016: (1)(a) amended, (SB 16-189), ch. 210, p. 758, § 20, effective June 6.
This section is similar to former § 12-43-206.5 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-209 - License - issuance

Each board shall issue a license, registration, or certification, as appropriate, when an applicant successfully qualifies for licensure, registration, or certification as provided in this article 245.
Renumbered from C.R.S. §
12-43-207
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 539, § 1, effective July 1. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1296, §24, effective July 1.
This section is similar to former § 12-43-207 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-210 - Prohibition against prescribing drugs or practicing medicine -exception for opioid antagonist

(1)
Nothing in this article 245 permits psychologists, social workers, marriage and family therapists, licensed professional counselors, unlicensed psychotherapists, and addiction counselors licensed, certified, or registered under this article 245 to administer or prescribe drugs or in any manner engage in the practice of medicine as defined by the laws of this state.
(2)
Notwithstanding subsection (1) of this section, a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor licensed, registered, or certified under this article 245 may possess, furnish, or administer an opioid antagonist in accordance with section
12-30-110
.
Amended by 2024 Ch. 458,§ 11, eff. 6/6/2024.
Amended by 2022 Ch. 207, § 4, eff. 8/10/2022.
Amended by 2020 Ch. 304,§ 49, eff. 7/14/2020.
Amended by 2020 Ch. 304,§ 4, eff. 7/14/2020.
Renumbered from C.R.S. §
12-43-208
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 539, § 1, effective July 1. L. 98: Entire section amended, p. 1111, § 9, effective July 1. L. 2008: Entire section amended, p. 419, § 10, effective August 5. L. 2011: Entire section amended, (SB 11 -187), ch. 285, p. 1296, § 25, effective July 1.
(1) This section is similar to former § 12-43-208 as it existed prior to 2019.
(2) Amendments to this section by sections 4 and 49 of HB 20-1206 were harmonized.
2022 Ch. 207, 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-211 - Collaborate with physician

In order to provide for the diagnosis and treatment of medical problems, a licensee, registrant, or certificate holder shall collaborate with a physician licensed under the laws of this state, except when practicing pursuant to section
12-245-202(14)
. A licensee, registrant, or certificate holder shall not diagnose, prescribe for, treat, or advise a client with reference to medical problems.
Renumbered from C.R.S. §
12-43-209
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire article R&RE, p. 540, § 1, effective July 1. L. 98: Entire section amended, p. 1111, § 10, effective July 1. L. 2008: Entire section amended, p. 420, § 11, effective August 5. L. 2011: Entire section amended, (SB 11-187), ch. 285, p. 1297, §26, effective July 1.
This section is similar to former § 12-43-209 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 245 - MENTAL HEALTH (§§ 12-245-101 — 12-245-806) › Part 2 - GENERAL PROVISIONS (§§ 12-245-201 — 12-245-234) › Section 12-245-212 - Professional review committees - immunity

(1)
(a)
Subject to the requirements of subsection (1)(b) of this section, a professional review committee may be established pursuant to this subsection (1) to investigate the quality of care being given by a person licensed, registered, or certified pursuant to this article 245. If a professional review committee is established, it must include in its membership at least three persons licensed, registered, or certified under this article 245, and the persons must be licensees, registrants, or certificate holders in the same profession as the licensee, registrant, or certificate holder who is the subject of a professional review proceeding.
(b)
A professional review committee may be authorized to act only by a society or an association of persons licensed, registered, or certified pursuant to this article 245 whose membership includes not less than one-third of the persons licensed, registered, or certified pursuant to this article 245 residing in this state if the licensee, registrant, or certificate holder whose services are the subject of review is a member of the society or association.
(2)
In addition to the persons specified in section
12-20-402
, a member of a professional review committee authorized by a board, a member of staff to a committee, a person acting as a witness or consultant to a committee, a witness testifying in a proceeding authorized under this article 245, and a person who lodges a complaint pursuant to this article 245 is granted the same immunity, and is subject to the same conditions for immunity, as specified in section
12-20-402
.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Subsection (1)(a) is similar to former § 12-43-203(11)(a)(I); subsection (1)(b) is similar to former § 12-43-203(11)(a)(II); and subsection (2) is similar to former § 12-43-203(7)(a), as those sections existed prior to 2019.