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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 2 - LICENSING (§§ 12-230-201 — 12-230-207) › Section 12-230-207 - Continuing education

Each licensed hearing aid provider in active practice within the state of Colorado shall annually attend not less than eight hours of continuing education on subjects related to the scope of practice specified in section
12-230-104
.
Added by 2020 Ch. 299,§ 9, eff. 9/1/2020.
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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 3 - DIRECTOR - POWERS, DUTIES, AND RULES (§§ 12-230-301 — 12-230-303) › Section 12-230-301 - Director - powers - duties - rules

(1)
The director, in accordance with section
12-20-403
, may make investigations and inspections as necessary to determine whether an applicant or licensee has violated this article 230 or any rule adopted by the director.
(2)
The director may apply for injunctive relief in accordance with section
12-20-406
to enjoin any act or practice that constitutes a violation of this article 230. Upon a showing that a person is engaging in or intends to engage in the act or practice, the court shall grant an injunction, restraining order, or other appropriate order, regardless of the existence of another remedy.
(3)
No later than December 31, 2013, and thereafter as necessary, the director shall adopt rules pursuant to section
12-20-204
.
Renumbered from C.R.S. §
12-5.5-301
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 401,§ 1, eff. 7/1/2013.
This section is similar to former § 12-5.5-301 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 3 - DIRECTOR - POWERS, DUTIES, AND RULES (§§ 12-230-301 — 12-230-303) › Section 12-230-302 - Disciplinary actions

(1)
If the director determines that an applicant or licensee has committed any of the acts specified in section
12-230-401
, the director may:
(a)
Issue a letter of admonition under the circumstances specified in and in accordance with section
12-20-404(4)
;
(b)
Place a licensee on probation pursuant to section
12-20-404(1)(b)
;
(c)
Impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; or
(d)
Take disciplinary action as authorized in section
12-20-404(1)(d)
.
(2)
The director may send a licensee a confidential letter of concern under the circumstances specified in section
12-20-404(5)
.
(3)
The director shall not enforce any provisions of this article 230 or rules promulgated pursuant to this article 230 that are held unconstitutional, invalid, or inconsistent with federal laws or regulations, including regulations promulgated by the United States food and drug administration.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-5.5-302 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 3 - DIRECTOR - POWERS, DUTIES, AND RULES (§§ 12-230-301 — 12-230-303) › Section 12-230-303 - Cease-and-desist orders - unauthorized practice - penalties

(1)
If it appears to the director, based upon credible evidence as presented in a written complaint by any person, that a licensee is acting in a manner that is a threat to the health and safety of the public, or a person is acting or has acted without the required license, the director, in accordance with the procedures specified in section
12-20-405
, may issue an order to cease and desist the activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, the specific harm that threatens the health and safety of the public, and the requirement that all unlawful acts or unlicensed practices immediately cease.
(2)
A person who practices or offers or attempts to practice as a hearing aid provider or who engages in the practice of dispensing, fitting, or dealing in hearing aids without an active hearing aid provider license issued under this article 230 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-5.5-303 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 5 - DECEPTIVE TRADE PRACTICES (§§ 12-230-501 — 12-230-502) › Section 12-230-501 - Definitions

As used in this part 5, unless the context otherwise requires:
(1)
"Dispenser" means a person licensed as a hearing aid provider pursuant to part 2 of this article 230 who dispenses hearing aids.
Added by 2020 Ch. 299,§ 11, eff. 9/1/2020.
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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-101 - Short title

The short title of this article 235 is the "Massage Therapy Practice Act".
Renumbered from C.R.S. §
12-35.5-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-35.5-101 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-102 - Legislative declaration

(1)
The general assembly hereby finds and declares that it is in the interest of the public health, safety, and welfare to require massage therapists to be licensed. Because proper and safe massage therapy is of statewide concern, this article 235 is deemed to be an exercise of the police powers of the state.
(2)
The general assembly further declares that the practice of massage therapy by any person not licensed pursuant to this article 235 is adverse to the best interests of the people of this state. It is not, however, the intent of the general assembly in enacting this article 235 to prevent, restrict, or inhibit the practice of massage therapy by any duly licensed person.
Renumbered from C.R.S. §
12-35.5-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 3, eff. 8/7/2013.
L. 2008: Entire article added, p. 1982, § 2, effective July 1. L. 2013: Entire section amended, (SB 13-151), ch. 286, p. 1505, § 3, effective August 7.
This section is similar to former § 12-35.5-102 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 235.
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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-104 - Definitions

As used in this article 235, unless the context otherwise requires:
(1)
"Advertise" means to publish, display, or disseminate information and includes, but is not limited to, the issuance of any card, sign, or direct mail, or causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, or directory, or any announcement or display via any televised, computerized, electronic, or telephonic networks or media.
(2)
"Approved massage school" means:
(a)
A massage therapy educational school that has a valid certificate of approval from the private occupational school division in accordance with the provisions of article
64
of title
23
;
(b)
A massage therapy educational program certified by the Colorado community college system;
(c)
A massage therapy educational entity or program that is accredited by a nationally recognized accrediting agency; or
(d)
A massage therapy program at a school located outside Colorado that is approved by the director based on standards adopted by the director by rule.
(3)
"Compensation" means something of value or benefit, whether in cash, in kind, or in any other form.
(4)
"Massage" or "massage therapy" means a system of structured touch, palpation, or movement of the soft tissue of another person's body in order to enhance or restore the general health and well-being of the recipient. The system includes, but is not limited to, techniques such as effleurage, commonly called stroking or gliding; petrissage, commonly called kneading; tapotement or percussion; friction; vibration; compression; passive and active stretching within the normal anatomical range of movement; hydromassage; and thermal massage. The techniques may be applied with or without the aid of lubricants, salt or herbal preparations, water, heat, or a massage device that mimics or enhances the actions possible by human hands.
(5)
"Massage therapist" means an individual licensed by this state to engage in the practice of massage therapy. The terms "masseuse" and "masseur" are synonymous with the term "massage therapist".
(6)
"Person" means a natural person only.
Renumbered from C.R.S. §
12-35.5-103
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 261,§ 4, eff. 8/9/2017.
Amended by 2016 Ch. 265,§ 2, eff. 6/8/2016.
Amended by 2013 Ch. 286,§ 4, eff. 8/7/2013.
L. 2008: Entire article added, p. 1982, § 2, effective July 1. L. 2013: (2), (3), and (8) amended, (6.5) added, and (10) repealed, (SB 13-151), ch. 286, p. 1505, § 4, effective August 7. L. 2016: (7) amended, (HB 16-1320), ch. 265, p. 1097, § 2, effective June 8. L. 2017: IP and (3)(a) amended, (HB 17-1239), ch. 261, p. 1203, § 4, effective August 9.
This section is similar to former § 12-35.5-103 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-105 - Use of massage titles restricted

Only a person licensed under this article 235 to practice massage therapy may use the titles "massage therapist", "licensed massage therapist", "massage practitioner", "masseuse", "masseur", the letters "M.T." or "L.M.T.", or any other generally accepted terms, letters, or figures that indicate that the person is a massage therapist.
Renumbered from C.R.S. §
12-35.5-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 5, eff. 8/7/2013.
L. 2008: Entire article added, p. 1983, § 2, effective July 1. L. 2013: Entire section amended, (SB 13-151), ch. 286, p. 1506, § 5, effective August 7.
This section is similar to former § 12-35.5-104 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-106 - Limitations on authority

(1)
Nothing in this article 235 shall be construed as authorizing a massage therapist to perform any of the following acts:
(a)
The practice of medicine pursuant to article
240
of this title 12;
(b)
The practice of physical therapy pursuant to article
285
of this title 12;
(c)
The practice of chiropractic pursuant to article
215
of this title 12; or
(d)
Any other forms of healing or healing arts not authorized by this article 235.
Renumbered from C.R.S. §
12-35.5-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-35.5-105 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-107 - License required

(1)
On or after July 1, 2014, except as otherwise provided in this article 235, a person in this state who practices massage therapy or who represents himself or herself as being able to practice massage therapy must possess a valid license issued by the director pursuant to this article 235 and rules promulgated pursuant to this article 235.
(2)
On July 1, 2014, each active massage therapy registration becomes an active massage therapy license by operation of law. The conversion from registration to licensure does not affect any prior discipline, limitation, or condition imposed by the director on a massage therapist's registration; limit the director's authority over any registrant; or affect any pending investigation or administrative proceeding. The director shall treat any application for a massage therapist registration pending as of July 1, 2014, as an application for licensure, which application is subject to the requirements established by the director.
Renumbered from C.R.S. §
12-35.5-106
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 6, eff. 8/7/2013.
L. 2008: Entire article added, p. 1983, § 2, effective July 1. L. 2013: Entire section amended, (SB 13-151), ch. 286, p. 1506, § 6, effective August 7.
This section is similar to former § 12-35.5-106 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-109 - License expiration - effect - renewal - reinstatement - penalty

(1)
Licenses issued pursuant to this article 235 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
.
(2)
The director shall establish application forms for renewal of licenses and reinstatement of expired licenses. A person renewing or reinstating a license shall submit an application in the form and manner set forth by the director.
Renumbered from C.R.S. §
12-35.5-108
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 8, eff. 8/7/2013.
L. 2008: Entire article added, p. 1985, § 2, effective July 1. L. 2013: Entire section amended, (SB 13-151), ch. 286, p. 1507, § 8, effective August 7.
This section is similar to former § 12-35.5-108 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-113 - Cease-and-desist orders

The director 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. §
12-35.5-113
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 13, eff. 8/7/2013.
L. 2008: Entire article added, p. 1990, § 2, effective July 1. L. 2013: (1)(a) and (2)(c)(III) amended, (SB 13-151), ch. 286, p. 1511, § 13, effective August 7.
This section is similar to former § 12-35.5-113 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-114 - Mental and physical examination of licensees

(1)
(a)
If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the director may order the licensee to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director.
(b)
If a licensee refuses to submit to a mental or physical examination that has been properly ordered by the director pursuant to subsection (2) of this section, and the refusal is not due to circumstances beyond the licensee's control, the refusal constitutes grounds for discipline pursuant to section
12-235-111(1)(h)
. When a licensee has refused to submit to an examination, the director may suspend the licensee's license in accordance with section
12-235-112
until:
(I)
The results of the examination are known; and
(II)
The director has made a determination of the licensee's fitness to practice.
(c)
The director shall proceed with an order for examination and determination of a licensee's fitness to practice in a timely manner.
(2)
In an order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination, the director shall include the basis of the director's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For purposes of any disciplinary proceeding authorized under this article 235, the licensee is deemed to have waived all objections to the admissibility of the examining physician's testimony or examination reports on the ground that they are privileged communications.
(3)
The licensee may submit to the director testimony or examination reports from a physician or other licensed health-care professional chosen by the licensee and pertaining to any condition that the director has alleged may preclude the licensee from practicing with reasonable skill and safety. The director may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the director.
(4)
The results of a mental or physical examination ordered by the director shall not be used as evidence in any proceeding other than one before the director and shall not be deemed public records nor made available to the public.
Renumbered from C.R.S. §
12-35.5-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 14, eff. 8/7/2013.
L. 2008: Entire article added, p. 1992, § 2, effective July 1. L. 2013: (1) to (3) amended, (SB 13-151), ch. 286, p. 1511, § 14, effective August 7.
This section is similar to former § 12-35.5-114 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-115 - Unauthorized practice - criminal penalties

(1)
A person who practices or offers or attempts to practice massage therapy without an active license issued under this article 235 is subject to penalties pursuant to section
12-20-407(1)(b)
.
(2)
A person who knowingly aids or abets the unlicensed practice of massage therapy is subject to penalties pursuant to section
12-20-407(1)(b)
.
Renumbered from C.R.S. §
12-35.5-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2016 Ch. 265,§ 7, eff. 6/8/2016.
Amended by 2013 Ch. 286,§ 15, eff. 8/7/2013.
L. 2008: Entire article added, p. 1993, § 2, effective July 1. L. 2013: Entire section amended, (SB 13-151), ch. 286, p. 1512, § 15, effective August 7. L. 2016: Entire section amended, (HB 16-1320), ch. 265, p. 1100, § 7, effective June 8.
This section is similar to former § 12-35.5-115 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-116 - Professional liability insurance required

It is unlawful for any person to practice massage therapy within this state unless the person purchases and maintains professional liability insurance in an amount not less than fifty thousand dollars per claim with an aggregate liability limit for all claims during the year of three hundred thousand dollars. Professional liability insurance required by this section shall cover all acts within the scope of massage therapy practice as defined by section
12-235-104
.
Renumbered from C.R.S. §
12-35.5-116
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-35.5-116 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-117 - Confidential agreement to limit practice

(1)
Except as provided in subsection (2) of this section, section
12-30-108
concerning confidential agreements to limit practice applies to this section.
(2)
This section and section
12-30-108
do not apply to a massage therapist subject to discipline for prohibited activities as described in section
12-235-111(1)(f)
.
Renumbered from C.R.S. §
12-35.5-116.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 53, eff. 5/25/2017.
Added by 2013 Ch. 286,§ 16, eff. 8/7/2013.
L. 2013: Entire section added, (SB 13-151), ch. 286, p. 1512, § 16, effective August 7. L. 2017: (1) and (2)(a) amended, (SB 17-242), ch. 263, p. 1272, § 53, effective May 25.
This section is similar to former § 12-35.5-116.5 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-118 - Rule-making authority

The director shall promulgate rules pursuant to section
12-20-204
. If the director promulgates rules regarding generally accepted standards of massage therapy care, the rules are not an exhaustive statement of the generally accepted standards of massage therapy care.
Renumbered from C.R.S. §
12-35.5-117
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§ 17, eff. 8/7/2013.
L. 2008: Entire article added, p. 1993, § 2, effective July 1. L. 2013: Entire section amended, (SB 13-151), ch. 286, p. 1513, § 17, effective August 7.
This section is similar to former § 12-35.5-117 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-119 - Local government - regulations - enforcement

(1)
No city, county, city and county, or other political subdivision of this state shall enact or enforce any local ordinance that regulates the practice or the profession of massage therapy.
(2)
Local government law enforcement agencies may inspect massage therapy licenses and the business premises where massage therapy is practiced for compliance with applicable laws. Nothing in this section precludes criminal prosecution for a violation of any criminal law. If an inspection reveals the practice of massage therapy by a person without a valid license, the local government law enforcement agency shall charge the person with a misdemeanor pursuant to sections
12-20-407(1)(b)
and
12-235-115
.
(3)
A city, county, city and county, or other political subdivision may inspect massage businesses, except for a sole proprietorship with a person's residence, upon complaint of illegal activity and ensure that the people performing massage therapy are licensees. A city, county, city and county, or other political subdivision shall not charge a fee for the inspection or license verification.
Renumbered from C.R.S. §
12-35.5-118
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2016 Ch. 265,§ 8, eff. 6/8/2016.
Amended by 2013 Ch. 286,§ 18, eff. 8/7/2013.
L. 2008: Entire article added, p. 1993, § 2, effective July 1. L. 2013: (2) amended, (SB 13-151), ch. 286, p. 1513, § 18, effective August 7. L. 2016: (3) added, (HB 16-1320), ch. 265, p. 1101, § 8, effective June 8.
This section is similar to former § 12-35.5-118 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 235 - MASSAGE THERAPISTS (§§ 12-235-101 — 12-235-120) › Section 12-235-120 - Repeal of article - review of functions

This article 235, and the functions of the director as set forth in this article 235, are repealed, effective September 1, 2031. Before the repeal, the functions of the director are scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 85,§1, eff. 9/1/2022.
Renumbered from C.R.S. §
12-35.5-120
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Amended by 2013 Ch. 286,§1, eff. 8/7/2013.
L. 2008: Entire article added, p. 1994, § 2, effective July 1. L. 2013: (1) amended and (2) repealed, (SB 13-151), ch. 286, p. 1504, § 1, effective August 7.
This section is similar to former § 12-35.5-120 as it existed prior to 2019.
2022 Ch. 85, 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 12-240-101 - Short title

The short title of this article 240 is the "Colorado Medical Practice Act".
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-101 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-102 - Legislative declaration

The general assembly declares it to be in the interests of public health, safety, and welfare to enact laws regulating and controlling the practice of the healing arts to the end that the people shall be properly protected against unauthorized, unqualified, and improper practice of the healing arts in this state, and this article 240 shall be construed in conformity with this declaration of purpose.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-102 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-103 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 240.
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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-108 - Collaboration with advanced practice registered nurses and certified midwives with prescriptive authority - mentorships

(1)
(a)
A physician licensed pursuant to this article 240 may, and is encouraged to, serve as a mentor to an advanced practice registered nurse or a certified midwife who is applying for prescriptive authority pursuant to section
12-255-112 (4)
. A physician who serves as a mentor to an advanced practice registered nurse or a certified midwife seeking prescriptive authority shall:
(I)
Be practicing in Colorado and shall have education, training, experience, and active practice that corresponds with the role and population focus of the advanced practice registered nurse or certified midwife; and
(II)
Have a license in good standing without disciplinary sanctions to practice medicine in Colorado and an unrestricted registration by the federal drug enforcement administration for the same schedules as the advanced practice registered nurse or certified midwife.
(b)
A physician serving as a mentor to an advanced practice registered nurse or a certified midwife pursuant to section
12-255-112 (4)
shall not require payment or employment as a condition of entering into the mentorship relationship, but the physician may request reimbursement of reasonable expenses and time spent as a result of the mentorship relationship.
(c)
Upon successful completion of a mentorship as described in section
12-255-112 (4)(b)(I)
, the physician shall verify by the physician's signature that the advanced practice registered nurse or certified midwife has successfully completed the mentorship within the required period.
(2) and (3)
Repealed.
Amended by 2023 Ch. 261,§ 44, eff. 5/25/2023.
Amended by 2020 Ch. 216, § 21, eff. 6/30/2020.
Amended by 2020 Ch. 190, § 28, eff. 7/1/2020.
Renumbered from C.R.S. §
12-36-106.4
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 197, § 5, eff. 9/1/2015.
L. 2009: Entire section added, (SB 09 -239), ch. 401, p. 2180, § 24, effective July 1. L. 2010: (4)(b) amended, (HB 10 -1260), ch. 403, p. 1952, § 18, effective July 1. L. 2015: IP(1)(a) and (1)(b) amended and (4) repealed, (SB 15-197), ch. 197, p. 672, § 5, effective September 1.
This section is similar to former § 12-36-106.4 as it existed prior to 2019.
For the legislative declaration in HB 20-1216, see section 1 of chapter 190, 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 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-109 - Child health associates - scope of practice

On and after July 1, 1990, any person who, on June 30, 1990, was certified only as a child health associate under the laws of this state shall, upon application to the board, be granted licensure as a physician assistant. The practice of the person shall be subject to sections
12-240-107(6)
and
12-240-113
; except that the practice shall be limited to patients under the age of twenty-one.
Renumbered from C.R.S. §
12-36-106.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 86: Entire section added, p. 639, § 9, effective July 1. L. 2001: Entire section amended, p. 178, § 4, effective August 8. L. 2010: Entire section amended, (HB 10-1260), ch. 403, p. 1980, §57, effective July 1.
This section is similar to former § 12-36-106.5 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 12-240-112 - Anesthesiologist assistant license - qualifications

(1)
To be licensed as an anesthesiologist assistant under this article 240, an applicant must be at least twenty-one years of age and must have:
(a)
Successfully completed an education program for anesthesiologist assistants that conforms to standards delineated by the Commission on Accreditation of Allied Health Education Programs, or its successor organization, and approved by the board;
(b)
Successfully completed the national certifying examination for anesthesiologist assistants that is administered by the National Commission for Certification of Anesthesiologist Assistants or a successor organization; and
(c)
Submitted an application to the board in the manner designated by the board and paid the appropriate fee established by the board pursuant to section
12-20-105
.
(2)
A person applying for a license to practice as an anesthesiologist assistant in this state shall notify the board, in connection with his or her application for licensure, of the commission of any act that would be grounds for disciplinary action against a licensed anesthesiologist assistant under section
12-240-121
, along with an explanation of the circumstances of the act. The board may deny licensure to any applicant as set forth in section
12-240-120
.
(3)
A person licensed to practice as an anesthesiologist assistant shall not perform any act that constitutes the practice of medicine within a hospital or ambulatory surgical center licensed pursuant to part 1 of article
3
of title
25
or required to obtain a certificate of compliance pursuant to section
25-1.5-103(1)(a)(II)
, unless the licensed anesthesiologist assistant obtains authorization from the governing board of the hospital or ambulatory surgical center. The governing board of a hospital or ambulatory surgical center may grant, deny, or limit a licensed anesthesiologist assistant's authorization based on the governing board's established procedures.
(4)
The board may take any disciplinary action with respect to an anesthesiologist assistant license as it may with respect to the license of a physician, in accordance with section
12-240-125
.
(5)
The board shall license and keep a record of anesthesiologist assistants who have been licensed pursuant to this section. A licensed anesthesiologist assistant shall renew his or her license in accordance with section
12-240-130
.
Renumbered from C.R.S. §
12-36-107.3
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-107.3 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-113 - Physician assistant license - qualifications

(1)
To be licensed as a physician assistant under this article 240, an applicant shall be at least twenty-one years of age and shall have:
(a)
Successfully completed an education program for physician assistants that conforms to standards approved by the board, which standards may be established by utilizing the assistance of any responsible accrediting organization;
(b)
Successfully completed the national certifying examination for physician assistants that is administered by the National Commission on Certification of Physician Assistants or a successor organization or successfully completed any other examination approved by the board; and
(c)
Submitted an application to the board in the manner designated by the board and paid the appropriate fee established by the board pursuant to section
12-20-105
.
(2)
The board may determine whether any applicant for licensure as a physician assistant possesses education, experience, or training in health care that is sufficient to be accepted in lieu of the qualifications required for licensure under subsection (1) of this section.
(3)
A person applying for a license to practice as a physician assistant in this state shall notify the board, in connection with his or her application for licensure, of the commission of any act that would be grounds for disciplinary action against a licensed physician assistant under section
12-240-121
, along with an explanation of the circumstances of the act. The board may deny licensure to any applicant as set forth in section
12-240-120
.
(4)
A person licensed as a physician assistant shall not perform any act that constitutes the practice of medicine within a hospital or nursing care facility that is licensed pursuant to part 1 of article
3
of title
25
or that is required to obtain a certificate of compliance pursuant to section
25-1.5-103(1)(a)(II)
without authorization from the governing board of the hospital or nursing care facility. The governing board may grant, deny, or limit a physician assistant's authorization based on its own established procedures.
(5)
The board may take any disciplinary action with respect to a physician assistant license as it may with respect to the license of a physician, in accordance with section
12-240-125
.
(6)
The board shall license and keep a record of physician assistants who have been licensed pursuant to this section. A licensed physician assistant shall renew his or her license in accordance with section
12-240-130
.
Renumbered from C.R.S. §
12-36-107.4
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-36-107.4 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 12-240-114 - International medical graduates - degree equivalence

(1)
For international medical graduates, the board shall require one year of postgraduate clinical training approved by the board. An applicant whose international medical school is not an approved medical college is eligible for licensure at the discretion of the board if the applicant meets all other requirements for licensure and holds specialty board certification, current at the time of application for licensure, conferred by a regular member board of the American Board of Medical Specialties or the American Osteopathic Association. The factors to be considered by the board in the exercise of its discretion in determining the qualifications of applicants must include the following:
(a)
The information available to the board relating to the medical school of the applicant; and
(b)
The nature and length of the postgraduate training completed by the applicant.
Amended by 2022 Ch. 379,§4, eff. 6/7/2022.
Renumbered from C.R.S. §
12-36-107.6
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 79: Entire section added, p. 510, § 7, effective July 1. L. 85: Entire section amended, p. 519, § 5, effective July 1. L. 88: Entire section amended, p. 522, § 2, effective July 1. L. 90: Entire section amended, p. 818, § 1, effective March 27. L. 91: Entire section amended, p. 1638, § 1, effective March 29. L. 95: (2) repealed, p. 1058, § 4, effective July 1. L. 2010: IP(1) amended, (HB 10-1260), ch. 403 p. 1974, § 42, effective July 1.
This section is similar to former § 12-36-107.6 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 12-240-115 - Applications for license

Every person desiring a license to practice medicine shall make application to the board, the application to be verified by oath and to be in the form prescribed by the board. The application shall be accompanied by the license fee and the documents, affidavits, and certificates necessary to establish that the applicant possesses the qualifications prescribed by this article 240, apart from any required examination by the board. The burden of proof shall be upon the applicant, but the board may make such independent investigation as it may deem advisable to determine whether the applicant possesses the qualifications and whether the applicant has at any time committed any of the acts or offenses defined in this article 240 as unprofessional conduct.
Renumbered from C.R.S. §
12-36-111
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 51: p. 568, § 11. CSA: C. 109, § 33(11). CRS 53: § 91-1-11. C.R.S. 1963: § 91-1-11. L. 73: p. 1026, § 3. L. 95: (2) amended, p. 1059, § 8, effective July 1. L. 2010: (2) repealed, (HB 10-1260), ch. 403, p. 1974, §45, effective July 1.
This section is similar to former § 12-36-111 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 12-240-117 - Issuance of licenses - prior practice prohibited

(1)
If the board determines that an applicant possesses the qualifications required by this article 240, the board shall issue to the applicant a license to practice medicine.
(2)
Prior to the approval of a license, the applicant shall not engage in the practice of medicine in this state, and any person who practices medicine in this state without first obtaining approval of a license shall be deemed to have violated the provisions of this article 240.
(3)
All holders of a license to practice medicine granted by the board, or by the state board of medical examiners as constituted under any prior law of this state, shall be accorded equal rights and privileges under all laws of the state of Colorado, shall be subject to the same duties and obligations, and shall be authorized to practice medicine, as defined by this article 240 in all its branches.
Renumbered from C.R.S. §
12-36-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 51: p. 570, § 14. CSA: C. 109, § 33(14). CRS 53: § 91-1-14. C.R.S. 1963: § 91-1-14. L. 79: (1) amended, p. 511, § 10, effective July 1. L. 85: (2) amended, p. 520, § 7, effective July 1. L. 2010: (1) amended, (HB 10-1260), ch. 403, p. 1980, §58, effective July 1.
This section is similar to former § 12-36-114 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 240 - MEDICAL PRACTICE (§§ 12-240-101 — 12-240-146) › Section 12-240-118 - Pro bono license - qualifications - reduced fee - rules

(1)
Notwithstanding any other provision of this article 240, the board may issue a pro bono license to a physician to practice medicine in this state if the physician:
(a)
(I)
Holds an active and unrestricted license to practice medicine in Colorado and is in active practice in this state;
(II)
Has been on inactive status pursuant to section
12-240-141
for not more than two years; or
(III)
Holds an active and unrestricted license to practice medicine in another state or territory of the United States;
(b)
Attests to the board that he or she:
(I)
Does not charge for his or her services; except that the facility at which the services are provided may charge on a not-for-profit basis for the provision of services; or
(II)
Works for and may be compensated by an organization that does not charge Colorado patients for its services;
(c)
Has never had a license to practice medicine in this state or in another state or territory revoked or suspended, as verified by the applicant in the manner prescribed by the board;
(d)
Is not the subject of an unresolved complaint;
(e)
Maintains commercial professional liability insurance coverage in accordance with section
13-64-301
; and
(f)
Pays the fee established by the board.
(2)
The board shall establish and charge an application fee for an initial and renewal pro bono license, not to exceed one-half the amount of the fee for a renewal of a physician's license and not to exceed the cost of administering the license.
(3)
A pro bono license is subject to the renewal requirements set forth in section
12-240-130
.
(4)
A physician granted a pro bono license under this section shall not simultaneously hold a full license to practice medicine issued under this article 240.
(5)
A physician granted a pro bono license under this section is subject to discipline by the board for committing unprofessional conduct, as defined in section
12-240-121
, or any other act prohibited by this article 240.
(6)
The board may refrain from issuing a pro bono license in accordance with section
12-240-120
.
(7)
The board may adopt rules as necessary to implement this section.
Amended by 2019 Ch. 406,§ 12, eff. 10/1/2019.
Renumbered from C.R.S. §
12-36-114.3
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2019 Ch. 406,§ 5, eff. 7/1/2019.
(1) This section is similar to former § 12-36-114.3 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 12-240-120 - [Effective Until 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 his or her license to practice medicine, license to practice as a physician assistant, or license to practice as an anesthesiologist assistant; or
(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.
(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)
.
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.
This section is set out more than once due to postponed, multiple, or conflicting amendments.