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 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 4 - LICENSES AND PERMITS (§§ 12-220-401 — 12-220-412) › Section 12-220-409 - Inactive dental, dental therapist, or dental hygienist license

(1)
Any person licensed to practice dentistry, dental therapy, or dental hygiene pursuant to this article 220 may apply to the board to be transferred to an inactive status. The licensee must submit an application in the form and manner designated by the board. The board may grant inactive status by issuing an inactive license or deny the application for any of the causes set forth in section
12-220-201
.
(2)
Any person applying for a license under this section must:
(a)
Provide an affidavit to the board that the applicant, after a date certain, will not practice dentistry, dental therapy, or dental hygiene in this state unless the applicant is issued a license to practice dentistry, dental therapy, or dental hygiene pursuant to subsection (5) of this section;
(b)
Pay the license fee as authorized pursuant to section
12-20-105
; and
(c)
Comply with any financial responsibility or professional liability insurance requirements established by the board pursuant to sections
12-220-307
and
13-64-301 (1)(a)
, as applicable.
(3)
The inactive status must be plainly indicated on the face of any inactive license certificate issued under this section.
(4)
The board may take disciplinary action pursuant to sections
12-220-202
to
12-220-206
against any person licensed under this section for any act committed while the person was licensed pursuant to this article 220.
(5)
Any person licensed under this section who wishes to resume the practice of dentistry, dental therapy, or dental hygiene must file an application in the form and manner the board designates, pay the license fee promulgated by the board pursuant to section
12-20-105
, and meet the financial responsibility requirements or the professional liability insurance requirements established by the board pursuant to sections
12-220-307
and
13-64-301 (1)(a)
, as applicable. The board may approve the application and issue a license to practice dentistry, dental therapy, or dental hygiene or may deny the application for any of the causes set forth in section
12-220-201
.
Amended by 2022 Ch. 381, § 22, eff. 1/1/2023.
Renumbered from C.R.S. §
12-220-120
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-122
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 124, § 1, eff. 8/10/2016.
Amended by 2014 Ch. 363, § 15, eff. 7/1/2014.
L. 2004: Entire article RC&RE, p. 836, § 1, effective July 1. L. 2014: (1), (2)(a), (2)(c), and (5) amended, (HB 14-1227), ch. 363, p. 1723, § 15, effective July 1. L. 2016: (2)(c) amended, (HB 16-1327), ch. 124, p. 352, § 1, effective August 10.
This section is similar to former § 12-220-120 as it existed prior to 2020.
2022 Ch. 381, 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 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 4 - LICENSES AND PERMITS (§§ 12-220-401 — 12-220-412) › Section 12-220-412 - Change of address - duplicate licenses and certificates

(1)
Every person licensed under this article 220, upon changing the licensee's place of business, shall furnish to the board the licensee's new mailing address within thirty days after the change.
(2)
The board may issue a duplicate of any license upon attestation by the licensee of loss or destruction and shall charge a fee established pursuant to section
12-20-105
for a duplicate.
Renumbered from C.R.S. §
12-220-108
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-111
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-220-108 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 5 - PRACTICE BY DENTAL HYGIENISTS AND NONLICENSED DENTAL PERSONNEL (§§ 12-220-501 — 12-220-508) › Section 12-220-502 - Construction of dental devices by unlicensed technician

(1)
(a)
A licensed dentist who uses the services of an unlicensed technician for the purpose of constructing, altering, repairing, or duplicating any denture, bridge, splint, or orthodontic or prosthetic appliance shall furnish the unlicensed technician with a written or electronic laboratory work order in a form approved by the board, which form shall be dated and signed by the dentist for each separate and individual piece of work. The dentist shall make the laboratory work order in a reproducible form, and the dentist and the unlicensed technician shall each retain a copy in a permanent file for two years. The permanent files of the licensed dentist and the unlicensed technician must be open to inspection at any reasonable time by the board or its duly constituted agent. The licensed dentist that furnishes the laboratory work order must have appropriate training, education, and experience related to the prescribed treatment and is responsible for directly supervising all intraoral treatment rendered to the patient.
(b)
An unlicensed technician that possesses a valid laboratory work order may provide extraoral construction, manufacture, fabrication, supply, or repair of identified dental and orthodontic devices but shall not provide intraoral service in a human mouth except under the direct supervision of a licensed dentist in accordance with section
12-220-501 (3)(d)
.
(2)
If the dentist fails to keep permanent records of laboratory work orders as required in subsection (1)(a) of this section, the dentist is subject to disciplinary action as deemed appropriate by the board.
(3)
If an unlicensed technician fails to have in the technician's possession a laboratory work order signed by a licensed dentist with each denture, bridge, splint, or orthodontic or prosthetic appliance in the technician's possession, the absence of the laboratory work order is prima facie evidence of a violation of this section and constitutes the practice of dentistry without an active license in violation of, and subject to the penalties specified in, section
12-220-211
.
Renumbered from C.R.S. §
12-220-139
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-133
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2014 Ch. 363, § 32, eff. 7/1/2014.
L. 2004: Entire article RC&RE, p. 852, § 1, effective July 1. L. 2014: Entire section amended, (HB 14-1227), ch. 363, p. 1732, § 32, effective July 1.
This section is similar to former § 12-220-139 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 5 - PRACTICE BY DENTAL HYGIENISTS AND NONLICENSED DENTAL PERSONNEL (§§ 12-220-501 — 12-220-508) › Section 12-220-504 - What constitutes practicing supervised dental hygiene

(1)
Unless licensed to practice dentistry, a person who performs any of the following tasks under the supervision of a licensed dentist is deemed to be practicing supervised dental hygiene:
(a)
Performing a task described in section
12-220-503 (1)
;
(b)
Preparing study casts;
(c)
Administering local anesthesia under the indirect supervision of a licensed dentist pursuant to rules of the board, including minimum education requirements and procedures for local anesthesia administration; or
(d)
Placing interim therapeutic restorations pursuant to section
12-220-505
.
(e)
Repealed.
Amended by 2021 Ch. 31, § 7, eff. 9/1/2021.
Renumbered from C.R.S. §
12-220-123
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-125
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2018 Ch. 67, § 2, eff. 3/22/2018.
Amended by 2015 Ch. 326, § 2, eff. 8/5/2015.
Amended by 2014 Ch. 363, § 29, eff. 7/1/2014.
This section is similar to former § 12-220-123 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 5 - PRACTICE BY DENTAL HYGIENISTS AND NONLICENSED DENTAL PERSONNEL (§§ 12-220-501 — 12-220-508) › Section 12-220-506 - [Repealed]

Repealed by 2021 Ch. 31, § 9, eff. 9/1/2021.
Renumbered from C.R.S. §
12-220-129
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-128.8
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Added by 2018 Ch. 67, § 3, eff. 3/22/2018.
This section is similar to former § 12-220-129 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 6 - SAFETY TRAINING - UNLICENSED X-RAY TECHNICIANS (§§ 12-220-601 — 12-220-602) › Section 12-220-601 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that public exposure to the hazards of ionizing radiation used for diagnostic purposes should be minimized wherever possible. Accordingly, the general assembly finds, determines, and declares that for any dentist, dental therapist, or dental hygienist to allow an untrained person to operate a machine source of ionizing radiation, including without limitation a device commonly known as an "X-ray machine", or to administer radiation to a patient for diagnostic purposes is a threat to the public health and safety.
(2)
It is the intent of the general assembly that dentists, dental therapists, and dental hygienists utilizing unlicensed persons in their practices provide those persons with a minimum level of education and training before allowing them to operate machine sources of ionizing radiation; however, it is not the general assembly's intent to discourage education and training beyond this minimum. It is further the intent of the general assembly that established minimum training and education requirements correspond as closely as possible to the requirements of each particular work setting as determined by the board pursuant to this part 6.
(3)
The general assembly seeks to ensure, and accordingly declares its intent, that in promulgating the rules authorized by this part 6, the board will make every effort, consistent with its other statutory duties, to avoid creating a shortage of qualified individuals to operate machine sources of ionizing radiation for beneficial medical purposes in any area of the state.
Amended by 2022 Ch. 381, § 25, eff. 1/1/2023.
Renumbered from C.R.S. §
12-220-201
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-201
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2014 Ch. 363, § 39, eff. 7/1/2014.
L. 2004: Entire article RC&RE, p. 856, § 1, effective July 1. L. 2014: (2) amended, (HB 14-1227), ch. 363, p. 1736, § 39, effective July 1.
This section is similar to former § 12-220-201 as it existed prior to 2020.
2022 Ch. 381, 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 220 - DENTISTS, DENTAL HYGIENISTS, AND DENTAL THERAPISTS (§§ 12-220-101 — 12-220-602) › Part 6 - SAFETY TRAINING - UNLICENSED X-RAY TECHNICIANS (§§ 12-220-601 — 12-220-602) › Section 12-220-602 - Minimum standards - rules - definition

(1)
(a)
The board shall adopt rules prescribing minimum standards for the qualifications, education, and training of unlicensed persons operating machine sources of ionizing radiation and administering radiation to patients for diagnostic medical use. A licensed dentist, dental therapist, or dental hygienist shall not allow an unlicensed person to operate a machine source of ionizing radiation or to administer radiation to any patient unless the person meets standards then in effect under rules adopted pursuant to this section. The board may adopt rules allowing a grace period in which newly hired operators of machine sources of ionizing radiation are to receive the training required by this section.
(b)
As used in this part 6, "unlicensed person" means a person who does not hold a current and active license entitling the person to practice dentistry, dental therapy, or dental hygiene under this article 220.
(2)
The board shall seek the assistance of licensed dentists, dental therapists, or dental hygienists in developing and formulating the rules promulgated pursuant to this section.
(3)
The board shall establish by rule the required number of hours of training and education for all unlicensed persons operating machine sources of ionizing radiation and administering radiation to patients. This standard shall apply to all persons in dental settings other than hospitals and similar facilities licensed by the department of public health and environment pursuant to section
25-1.5-103
. The training and education may be obtained through programs approved by the appropriate authority of any state or through equivalent programs and training experience, including on-the-job training as determined by the board.
Amended by 2022 Ch. 381, § 26, eff. 1/1/2023.
Renumbered from C.R.S. §
12-220-202
and amended by 2020 Ch. 64, § 1, eff. 9/14/2020.
Renumbered from C.R.S. §
12-35-202
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 2004: Entire article RC&RE, p. 856, § 1, effective July 1. L. 2014: (1)(a) amended, (HB 14-1227), ch. 363, p. 1736, § 40, effective July 1.
This section is similar to former § 12-220-202 as it existed prior to 2020.
2022 Ch. 381, 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-101 - Scope of article - exemptions - legislative declaration

(1)
(a)
This article 225 applies only to direct-entry midwives and does not apply to those persons who are otherwise licensed by the state of Colorado under this title 12 if the practice of midwifery is within the scope of that licensure.
(b)
(I)
A person who is a certified nurse-midwife authorized pursuant to section
12-255-111
, a certified midwife authorized pursuant to section
12-255-111.5
, or a physician as provided in article
240
of this title 12 shall not simultaneously be so licensed and also be registered under this article 225. A physician, certified nurse-midwife, or certified midwife who holds a license in good standing may relinquish the license and subsequently be registered under this article 225.
(II)
A direct-entry midwife shall not represent oneself as a nurse-midwife, certified nurse-midwife, or certified midwife.
(III)
The fact that a direct-entry midwife may hold a practical or professional nursing license does not expand the scope of practice of the direct-entry midwife.
(IV)
The fact that a practical or professional nurse may be registered as a direct-entry midwife does not expand the scope of practice of the nurse.
(c)
It is the intent of the general assembly that health care be provided pursuant to this article 225 as an alternative to traditional licensed health care and not for the purpose of enabling providers of traditional licensed health care to circumvent the regulatory oversight to which they are otherwise subject under any other part or article of this title 12.
(2)
Nothing in this article 225 shall be construed to prohibit, or to require registration under this article 225, with regard to:
(a)
The gratuitous rendering of services in an emergency;
(b)
The rendering of services by a physician licensed pursuant to article
240
of this title 12 or otherwise legally authorized to practice in this state;
(c)
The rendering of services by certified nurse-midwives or certified midwives properly licensed and practicing in accordance with part 1 of article
255
of this title 12; or
(d)
The practice by persons licensed or registered under any law of this state, in accordance with that law, to practice a limited field of the healing arts not specifically designated in this section.
Amended by 2023 Ch. 261,§ 40, eff. 5/25/2023.
Amended by 2020 Ch. 157, § 45, eff. 7/1/2020.
Renumbered from C.R.S. §
12-37-101
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-37-101 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-102 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 225.
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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-103 - Definitions

As used in this article 225, unless the context otherwise requires:
(1)
"Birth center" means a freestanding facility licensed by the department of public health and environment that:
(a)
Is not a hospital, attached to a hospital, or located in a hospital;
(b)
Provides prenatal, labor, delivery, and postpartum care to low-risk pregnant persons and newborns; and
(c)
Provides care during delivery and immediately after delivery that is generally less than twenty-four hours in duration.
(1.5)
"Client" means a pregnant woman for whom a direct-entry midwife performs services. For purposes of perinatal or postpartum care, "client" includes the woman's newborn.
(2)
"Direct-entry midwife" means a person who practices direct-entry midwifery.
(3)
"Direct-entry midwifery" or "practice of direct-entry midwifery" means the advising, attending, or assisting of a woman during pregnancy, labor and natural childbirth at home or at a birth center, and the postpartum period in accordance with this article 225.
(4)
"Natural childbirth" means the birth of a child without the use of instruments, surgical procedures, or prescription drugs other than those for which the direct-entry midwife has specific authority under this article 225 to obtain and administer.
(5)
"Perinatal" means the period from the twenty-eighth week of pregnancy through seven days after birth.
(6)
"Postpartum period" means the period of six weeks after birth.
Amended by 2021 Ch. 196,§ 3, eff. 9/1/2021.
Renumbered from C.R.S. §
12-37-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-37-102 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-105 - Mandatory disclosure of information to clients

(1)
Every direct-entry midwife shall provide the following information in writing to each client during the initial client contact:
(a)
The name, business address, and business phone number of the direct-entry midwife;
(b)
A listing of the direct-entry midwife's education, experience, degrees, membership in any professional organization whose membership includes not less than one-third of all registrants, certificates or credentials related to direct-entry midwifery awarded by any such organization, and the length of time and number of contact hours required to obtain the degrees, certificates, or credentials;
(c)
A statement indicating whether or not the direct-entry midwife is covered under a policy of liability insurance for the practice of direct-entry midwifery;
(d)
A listing of any license, certificate, or registration in the health-care field previously or currently held by the direct-entry midwife and suspended or revoked by any local, state, or national health-care agency;
(e)
A statement that the practice of direct-entry midwifery is regulated by the department. The statement must provide the address and telephone number of the office of midwifery registration in the division and shall state that violation of this article 225 may result in revocation of registration and of the authority to practice direct-entry midwifery in Colorado.
(f)
A copy of the emergency plan as provided in section
12-225-106(6)
;
(g)
A statement indicating whether or not the direct-entry midwife will administer vitamin K to the client's newborn infant and, if not, a list of qualified health-care practitioners who can provide that service; and
(h)
A statement indicating whether or not the direct-entry midwife will administer Rho(D) immune globulin to the client if she is determined to be Rh-negative and, if not, a list of qualified health-care practitioners who can provide that service.
(2)
Any changes in the information required by subsection (1) of this section shall be reflected in the mandatory disclosure within five days after the change.
Added by 2019 Ch. 136,§1, eff. 10/1/2019.
This section is similar to former § 12-37-104 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-108 - Director - powers and duties - rules

(1)
In addition to any other powers and duties conferred on the director by law, the director has the following powers and duties:
(a)
To adopt rules pursuant to section
12-20-204
;
(b)
To establish the fees for registration and renewal of registration in the manner authorized by section
12-20-105
;
(c)
To prepare or adopt suitable education standards for applicants and to adopt a registration examination;
(d)
To accept applications for registration that meet the requirements set forth in this article 225, and to collect the annual registration fees authorized by this article 225;
(e)
To seek an injunction in accordance with section
12-20-406
to enjoin any person from committing an act prohibited by this article 225;
(f)
To summarily suspend a registration upon the failure of the registrant to comply with any condition of a stipulation or order imposed by the director until the registrant complies with the condition, unless compliance is beyond the control of the registrant;
(g)
To develop policies and protocols, by rule, for direct-entry midwives in training that reflect the requirements of the North American Registry of Midwives, or its successor organization;
(h)
To order the physical or mental examination of a direct-entry midwife if the director has reasonable cause to believe that the direct-entry midwife is subject to a physical or mental disability that renders the direct-entry midwife unable to treat patients with reasonable skill and safety or that may endanger a patient's health or safety. The director may order a physical or mental examination regardless of whether there is injury to a patient.
Amended by 2021 Ch. 196,§ 6, eff. 9/1/2021.
Renumbered from C.R.S. §
12-37-106
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-37-106 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-110 - Unauthorized practice - penalties

Any person who practices or offers or attempts to practice direct-entry midwifery without an active registration issued under this article 225 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Renumbered from C.R.S. §
12-37-108
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 93: Entire article RC&RE, p. 1919, § 2, effective July 1. L. 2002: Entire section amended, p. 1479, § 78, effective October 1. L. 2006: Entire section amended, p. 88, § 28, effective August 7.
This section is similar to former § 12-37-108 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-111 - Confidential agreement to limit practice

Section 12-30-108 concerning confidential agreements to limit practice applies to this article 225.
Renumbered from C.R.S. §
12-37-108.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 59, eff. 5/25/2017.
Added by 2016 Ch. 350,§ 8, eff. 8/10/2016.
L. 2016: Entire section added, (HB 16-1360), ch. 350, p. 1426, § 8, effective August 10. L. 2017: (1) and (2)(a) amended, (SB 17-242), ch. 263, p. 1274, § 59, effective May 25.
This section is similar to former § 12-37-108.5 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-112 - Assumption of risk - no vicarious liability - professional liability insurance required

(1)
It is the policy of this state that registrants are liable for their acts or omissions in the performance of the services that they provide, and that no licensed physician, nurse, certified midwife, prehospital emergency medical personnel, or health-care institution is liable for any act or omission resulting from the administration of services by any registrant. This subsection (1) does not relieve any physician, nurse, certified midwife, prehospital emergency personnel, or health-care institution from liability for any willful and wanton act or omission or any act or omission constituting gross negligence, or under circumstances where a registrant has a business or supervised relationship with the physician, nurse, certified midwife, prehospital emergency personnel, or health-care institution. A physician, nurse, certified midwife, prehospital emergency personnel, or health-care institution may provide consultation or education to the registrant without establishing a business or supervisory relationship, and is encouraged to accept referrals from registrants pursuant to this article 225.
(2)
If the director finds that liability insurance is available at an affordable price, registrants shall be required to carry liability insurance.
Amended by 2023 Ch. 261,§ 42, eff. 5/25/2023.
Renumbered from C.R.S. §
12-37-109
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 350, § 9, eff. 8/10/2016.
L. 93: Entire article RC&RE, p. 1919, § 2, effective July 1. L. 96: (3) amended, p. 399, § 7, effective April 17. L. 2011: Entire section amended, (SB 11 -088), ch. 283, p. 1268, § 12, effective July 1. L. 2016: (3) amended, (HB 16-1360), ch. 350, p. 1427, § 9, effective August 10.
This section is similar to former § 12-37-109 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-113 - Confidential files

The director may keep confidential all files and information concerning an investigation authorized under this article 225 until the results of the investigation are provided to the director and either the complaint is dismissed or notice of hearing and charges are served upon the person subject to the investigation.
Renumbered from C.R.S. §
12-37-109.7
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 96: Entire section added, p. 399, § 8, effective April 17. L. 2011: Entire section amended, (SB 11-088), ch. 283, p. 1269, §13, effective July 1.
This section is similar to former § 12-37-109.7 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 225 - DIRECT-ENTRY MIDWIVES (§§ 12-225-101 — 12-225-114) › Section 12-225-114 - Repeal of article - subject to review

This article 225 is repealed, effective September 1, 2028. Before the repeal, the registering of direct-entry midwives by the division is scheduled for review in accordance with section
24-34-104
.
Amended by 2024 Ch. 393,§ 2, eff. 6/4/2024.
Amended by 2021 Ch. 196, § 2, eff. 9/1/2021.
Renumbered from C.R.S. §
12-37-110
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2016 Ch. 350, § 1, eff. 8/10/2016.
This section is similar to former § 12-37-110 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 1 - GENERAL PROVISIONS (§§ 12-230-101 — 12-230-106) › Section 12-230-101 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 230.
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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 1 - GENERAL PROVISIONS (§§ 12-230-101 — 12-230-106) › Section 12-230-102 - Definitions

As used in this article 230, unless the context otherwise requires:
(1)
"Apprentice" means a person who holds a current license as an apprentice pursuant to this article 230.
(2)
"Dispense", with regard to a hearing aid, means to sell or transfer title, possession, or the right to use by lease, bailment, or any other method. The term does not apply to wholesale transactions with distributors or dealers.
(3)
(a)
"Hearing aid" means a wearable device designed or offered to be customized for the purpose of compensating for impaired human hearing and includes:
(I)
Any parts, attachments, or accessories to the instrument or device, as defined in rules adopted by the director; and
(II)
Ear molds, excluding batteries and cords.
(b)
The term does not include a surgically implanted hearing device.
(4)
"Hearing aid provider" means a person engaged in the practice of dispensing, fitting, or dealing in hearing aids.
(5)
"Practice of dispensing, fitting, or dealing in hearing aids" includes:
(a)
Selecting and adapting hearing aids for sale;
(b)
Testing human hearing for purposes of selecting and adapting hearing aids for sale; and
(c)
Making impressions for ear molds and counseling and instructing prospective users for purposes of selecting, fitting, adapting, or selling hearing aids.
(6)
"Surgically implanted hearing device" means a device that is designed to produce useful hearing sensations to a person with a hearing impairment and that has, as one or more components, a unit that is surgically implanted into the ear, skull, or other interior part of the body. The term includes any associated unit that may be worn on the body.
Renumbered from C.R.S. §
12-5.5-101
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 § 12-5.5-101 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 1 - GENERAL PROVISIONS (§§ 12-230-101 — 12-230-106) › Section 12-230-103 - Scope of article - exemption

(1)
This article 230 does not apply to persons who are:
(a)
Licensed pursuant to section
22-60.5-210
and who are not licensed under this article 230 for work undertaken as part of their employment by, or contractual agreement with, the public schools; or
(b)
Engaged in the practice of audiology or the practice of dispensing, fitting, or dealing in hearing aids in the discharge of their official duties in the service of the United States armed forces, public health service, Coast Guard, or veterans administration.
(2)
This article 230 does not apply to the wholesale sales of hearing aids.
(3)
Nothing in this article 230 authorizes a hearing aid provider to engage in the practice of medicine as defined in section
12-240-107
.
(4)
Nothing in this article 230 prohibits a business or licensee from hiring and employing unlicensed staff to assist with conducting business practices and to assist in dispensing hearing aids if the unlicensed staff are properly supervised by a licensee; except that the unlicensed staff may not conduct hearing tests or perform the initial fitting of hearing aids.
(5)
This article 230 does not apply to the dispensing of hearing aids outside of this state.
(6)
An audiologist licensed pursuant to article
210
of this title 12 is not required to obtain a license pursuant to this article 230.
Amended by 2020 Ch. 299,§ 5, eff. 9/1/2020.
Renumbered from C.R.S. §
12-5.5-102
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 401,§ 1, eff. 7/1/2013.
L. 2013: Entire article RC&RE, (SB 13-238), ch. 401, p. 2338, § 1, effective July 1.
This section is similar to former § 12-5.5-102 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 1 - GENERAL PROVISIONS (§§ 12-230-101 — 12-230-106) › Section 12-230-104 - Scope of practice

(1)
The scope of practice for a hearing aid provider includes:
(a)
Eliciting patient case histories, including medical, otological, pharmacological, occupational, and previous amplification history and patient attitudes and expectations;
(b)
Administering otoscopy for the purpose of identifying possible otological conditions, including conditions described in section
6-1-701(2)(d)
, that may indicate the need for medical referral or that may have a bearing on needed rehabilitative measures, outcomes, or recommendations;
(c)
Administering and interpreting tests of human hearing, including appropriate objective and subjective methodology and measures;
(d)
Determining a person's candidacy for hearing aids or hearing assistive devices, referring the person for surgically implanted hearing device evaluation, or recommending other clinical, rehabilitative, or medical interventions;
(e)
Prescribing, selecting, and fitting appropriate hearing instruments and assistive devices, including appropriate technology, electroacoustic targets, programming parameters, and special applications, as indicated, whether in person or through the use of telehealth;
(f)
Assessing hearing instrument efficacy using appropriate fitting verification methodology, including available fitting validation methods;
(g)
Taking ear impressions and preparing ear molds for hearing instruments, assistive devices, telecommunications applications, ear protection, and other related applications;
(h)
Designing and modifying ear molds and auditory equipment to meet individual patient needs;
(i)
Providing counseling and aural rehabilitative services in the use and care of hearing instruments and assistive devices and for effectively using communication coping strategies and other approaches to foster optimal patient rehabilitation; and
(j)
Providing supervision and training of those entering the dispensing profession.
Amended by 2022 Ch. 64,§1, eff. 8/10/2022.
Amended by 2020 Ch. 299,§6, eff. 9/1/2020.
Renumbered from C.R.S. §
12-5.5-103
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
Added by 2013 Ch. 401,§1, eff. 7/1/2013.
L. 2013: Entire article RC&RE, (SB 13-238), ch. 401, p. 2339, § 1, effective July 1.
This section is similar to former § 12-5.5-103 as it existed prior to 2019.
2022 Ch. 64, 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 1 - GENERAL PROVISIONS (§§ 12-230-101 — 12-230-106) › Section 12-230-105 - Title protection - use of title

It is unlawful for any person to use the title "hearing aid provider" or "hearing aid dispenser" or any other title that implies the person is qualified as a hearing aid provider unless the person is licensed as a hearing aid provider pursuant to this article 230.
Amended by 2020 Ch. 299,§ 7, eff. 9/1/2020.
Renumbered from C.R.S. §
12-5.5-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 401,§ 1, eff. 7/1/2013.
L. 2013: Entire article RC&RE, (SB 13-238), ch. 401, p. 2340, § 1, effective July 1.
This section is similar to former § 12-5.5-104 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 1 - GENERAL PROVISIONS (§§ 12-230-101 — 12-230-106) › Section 12-230-106 - Repeal of article - review of functions

This article 230 is repealed, effective September 1, 2031. Before the repeal, the licensing and supervisory functions of the director are scheduled for review in accordance with section
24-34-104
.
Amended by 2020 Ch. 299,§ 1, eff. 9/1/2020.
Renumbered from C.R.S. §
12-5.5-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 401,§ 1, eff. 7/1/2013.
L. 2013: Entire article RC&RE, (SB 13-238), ch. 401, p. 2340, § 1, effective July 1.
This section is similar to former § 12-5.5-105 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 2 - LICENSING (§§ 12-230-201 — 12-230-207) › Section 12-230-201 - License required - application - qualifications

(1)
A hearing aid provider shall obtain a license pursuant to this section before:
(a)
Engaging in the practice of dispensing, fitting, or dealing in hearing aids; or
(b)
Directly or indirectly selling or negotiating to sell any hearing aid for the hearing impaired.
(2)
(a)
An applicant shall submit an application to the director containing the information described in this subsection (2) and shall pay a fee determined and collected pursuant to section
12-20-105
. The director may deny an application for licensure if the required information is not submitted or if an applicant's apprentice license, issued pursuant to section
12-230-204
, has been revoked. If an applicant or licensee fails to notify the director of a change in the submitted information within thirty days after the change, the failure is cause for disciplinary action.
(b)
An applicant shall include the following information in every application for licensure pursuant to this section:
(I)
The applicant's name, business address, and business telephone number and other contact information as determined by the director;
(II)
A statement indicating whether:
(A)
A hearing aid provider license, certificate, or registration was issued to the applicant by a local, state, or national health-care agency;
(B)
The license, certificate, or registration was suspended or revoked;
(C)
Charges or complaints are pending against the applicant; and
(D)
Disciplinary action was taken.
(3)
In order to qualify for licensure pursuant to this section, an applicant must either:
(a)
Have passed a competency examination as determined by the director by rule; or
(b)
Have passed an appropriate entry-level examination, as determined by the director, and:
(I)
Completed at least six months of training with an audiologist or licensed hearing aid provider, pursuant to section
12-230-204
; or
(II)
Have an associate's degree in hearing aid fitting and dispensing that, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or a postsecondary education program accredited by a national, regional, or state agency recognized by the United States department of education, or a program approved by the director.
Amended by 2020 Ch. 299,§ 8, eff. 9/1/2020.
Renumbered from C.R.S. §
12-5.5-201
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 401,§ 1, eff. 7/1/2013.
L. 2013: Entire article RC&RE, (SB 13-238), ch. 401, p. 2340, § 1, effective July 1.
This section is similar to former § 12-5.5-201 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 2 - LICENSING (§§ 12-230-201 — 12-230-207) › Section 12-230-202 - Licensure - expiration - renewal - reinstatement - fees

(1)
(a)
The director shall license all applicants who meet the requirements for licensure in this article 230.
(b)
The director shall issue or deny a license within sixty days after the date the application is received.
(c)
The director shall give each licensee a license bearing a unique license number. The licensee shall include the license number on all written contracts and receipts.
(2)
Licenses issued pursuant to this article 230 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section
12-20-202(1) and (2)
. A person whose license has expired is subject to the penalties set forth in this article 230 or in section
12-20-202(1)
.
Renumbered from C.R.S. §
12-5.5-202
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 § 12-5.5-202 as it existed prior to 2019; except that § 12-5.5-202(2) was relocated to §
12-20-202(1)(a)
.
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 12-230-203 - Licensure by endorsement

The director shall issue a license by endorsement to practice as a hearing aid provider in this state to an applicant who satisfies the requirements of the occupational credential portability program.
Amended by 2020 Ch. 126,§ 25, eff. 6/25/2020.
Renumbered from C.R.S. §
12-5.5-203
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 401,§ 1, eff. 7/1/2013.
L. 2013: Entire article RC&RE, (SB 13-238), ch. 401, p. 2342, § 1, effective July 1.
This section is similar to former § 12-5.5-203 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 2 - LICENSING (§§ 12-230-201 — 12-230-207) › Section 12-230-204 - Apprentice license - expiration - rules

(1)
A person training to be a licensed hearing aid provider shall submit to the director an application containing the information described in subsection (2) of this section and shall pay an apprentice license fee determined and collected pursuant to section
12-20-105
.
(2)
On and after June 1, 2014, the director shall issue an apprentice license to a person who provides, to the director's satisfaction, verification of training to become a licensed hearing aid provider, which training is under the direct supervision of a licensed hearing aid provider whose license is in good standing.
(3)
During the training period:
(a)
An apprentice is not permitted to sell hearing aids independently of the supervising licensed hearing aid provider;
(b)
A supervising licensed hearing aid provider retains ultimate responsibility for the care provided by the apprentice and is subject to disciplinary action by the director for failure to provide adequate supervision.
(4)
Any person issued an apprentice license under this section is subject to:
(a)
Discipline under section
12-230-302
for engaging in an act that constitutes grounds for discipline under section
12-230-401
; and
(b)
A cease-and-desist order under sections
12-20-405
and
12-230-303
for engaging in behavior set forth in section
12-20-405
.
(5)
An apprentice license issued under this section is renewable and is subject to section
12-230-202(2)
.
(6)
A person in this state training to be a licensed hearing aid provider must possess a valid apprentice license issued by the director pursuant to this article 230 and rules promulgated pursuant to this article 230.
Renumbered from C.R.S. §
12-5.5-204
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 § 12-5.5-204 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 230 - HEARING AID PROVIDERS (§§ 12-230-101 — 12-230-502) › Part 2 - LICENSING (§§ 12-230-201 — 12-230-207) › Section 12-230-205 - Retention of records - licensee's obligation

Each licensee who sells a hearing aid or provides goods or services to a customer shall develop a written plan to ensure the maintenance of customer records. The records must be retained for at least seven years and identify the customer by name; the goods or services, except batteries, minor parts, and accessories, provided to each customer; and the date and price of each transaction.
Renumbered from C.R.S. §
12-5.5-206
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 § 12-5.5-206 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 2 - LICENSING (§§ 12-230-201 — 12-230-207) › Section 12-230-206 - Financial assurance required - rules

(1)
Before the director issues a license to an applicant for a hearing aid provider license, the applicant shall post a surety bond in the amount of ten thousand dollars, maintain a one-million-dollar professional liability policy, or comply with an alternative as determined by the director. A licensed hearing aid provider shall maintain the required bond, policy, or alternative at all times.
(2)
The director may file a claim, or assist a consumer in filing a claim, on the bond, policy, or alternative.
(3)
The director, by rule, shall determine the requirements for the financial assurance required by this section.
Added by 2020 Ch. 299,§ 9, eff. 9/1/2020.