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 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-113 - Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules

(1)
Each occupational therapist and occupational therapy assistant responsible for client medical records shall develop a written plan to ensure the security of client medical records. The plan must address at least the following:
(a)
The storage and proper disposal of client medical records;
(b)
The disposition of client medical records if the licensee dies, retires, or otherwise ceases to practice or provide occupational therapy services to clients; and
(c)
The method by which clients may access or obtain their medical records promptly if any of the events described in subsection (1)(b) of this section occur.
(2)
A licensee shall inform each client in writing of the method by which the client may access or obtain the client's medical records if an event described in subsection (1)(b) of this section occurs.
(3)
Upon initial licensure under this article 270 and upon renewal of a license, the applicant or licensee shall attest to the director that the licensee has developed a plan in compliance with this section.
(4)
A licensee who fails to comply with this section is subject to discipline in accordance with section
12-270-114
.
(5)
The director may adopt rules reasonably necessary to implement this section.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 11, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-109.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 411,§ 12, eff. 6/30/2013.
This section is similar to former § 12-270-113 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-115 - Unauthorized practice - penalties

A person who practices or offers or attempts to practice occupational therapy without an active license as required by and issued under this article 270 for occupational therapists or occupational therapy assistants is subject to penalties pursuant to section
12-20-407(1)(b)
.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Renumbered from C.R.S. §
12-40.5-111
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 10, eff. 6/30/2013.
This section is similar to former § 12-270-115 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-116 - Rule-making authority

The director shall promulgate rules pursuant to section
12-20-204
.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Renumbered from C.R.S. §
12-40.5-112
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-270-116 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-117 - Mental and physical examination of licensees

(1)
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. Except where due to circumstances beyond the licensee's control, if the licensee fails or refuses to undergo a mental or physical examination, the director may suspend the licensee's license until the director has made a determination of the licensee's fitness to practice. The director shall proceed with an order for examination and shall make a determination in a timely manner.
(2)
In an order requiring a licensee to undergo a mental or physical examination, the director shall state 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 a disciplinary proceeding authorized under this article 270, the licensee is deemed to have waived all objections to the admissibility of the examining physician's or licensed health-care professional's testimony or examination reports on the grounds that they are privileged communication.
(3)
The licensee may submit to the director testimony or examination reports from a physician 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 and reports submitted by the licensee in conjunction with, but not in lieu of, testimony and examination reports of the physician 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 a public record or made available to the public.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 13, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 11, eff. 6/30/2013.
This section is similar to former § 12-270-117 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-118 - Confidential agreement to limit practice

Section 12-30-108 concerning confidential agreements to limit practice applies to this article 270.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Renumbered from C.R.S. §
12-40.5-114.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2017 Ch. 263,§ 71, eff. 5/25/2017.
Amended by 2015 Ch. 259,§ 19, eff. 8/5/2015.
Added by 2013 Ch. 411,§ 12, eff. 6/30/2013.
This section is similar to former § 12-270-118 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-119 - Professional liability insurance required - rules

(1)
A person shall not practice occupational therapy unless the person purchases and maintains, or is covered by, professional liability insurance in an amount determined by the director by rule that covers all acts within the scope of practice of the occupational therapist or occupational therapy assistant.
(2)
This section does not apply to an occupational therapist or occupational therapy assistant who is a public employee acting within the course and scope of the public employee's duties and who is granted immunity under the "Colorado Governmental Immunity Act", article
10
of title
24
.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Renumbered from C.R.S. §
12-40.5-114.7
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Added by 2013 Ch. 411,§ 12, eff. 6/30/2013.
This section is similar to former § 12-270-119 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-119.5 - Interstate compact - powers and duties of the director - rules - definitions

(1)
As used in this section:
(a)
"Adverse action" has the meaning established in section
24-60-4101
.
(b)
"Commission" means the occupational therapy compact commission established in section
24-60-4101
.
(c)
"Compact" means the occupational therapy licensure interstate compact authorized in part 41 of article
60
of title
24
.
(d)
"Data system" has the meaning established in section
24-60-4101
.
(e)
"Telehealth" has the meaning established in section
24-60-4101
with regard to delivering occupational therapy services.
(2)
With regard to the compact, the director has the following powers and duties:
(a)
To facilitate Colorado's participation in the compact;
(b)
To promulgate the rules necessary for the implementation, administration, and enforcement of the compact. The director shall promulgate rules in accordance with article
4
of title
24
.
(c)
To appoint a person to serve as a commissioner on the commission;
(d)
To regulate telehealth in accordance with the compact;
(e)
To notify the commission of any adverse action regarding a licensed occupational therapist or occupational therapy assistant;
(f)
To provide uniform data to the data system consistent with the rules of the commission; and
(g)
To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
Added by 2021 Ch. 451, § 3, eff. 7/6/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 270 - OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS (§§ 12-270-101 — 12-270-120) › Section 12-270-120 - Repeal of article - review of functions

This article 270 is repealed, effective September 1, 2030. Before the repeal, the director's powers, duties, and functions under this article 270 are scheduled for review in accordance with section
24-34-104
.
Amended by 2021 Ch. 4,§ 1, eff. 1/21/2021.
Amended by 2020 Ch. 274,§ 1, eff. 9/14/2020. This amendment was not effectuated as the section was repealed by sunset provision before the effective date of the amendment.
Renumbered from C.R.S. §
12-40.5-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2013 Ch. 411,§ 1, eff. 6/30/2013.
This section is similar to former § 12-270-120 as it existed prior to 2020.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-101 - Legislative declaration

The practice of optometry in the state of Colorado is declared to affect the public health and safety and is subject to regulation and control in the public interest. Optometry is declared to be a learned profession, and it is further declared to be a matter of public interest and concern that the practice of optometry as defined in this article 275 be limited to qualified persons having been examined and meeting this state's minimum acceptable level of competence and having been admitted to the practice of optometry under the provisions of this article 275. The priority of this article 275 shall be to protect the consumers of the services provided through appropriate disciplinary procedures. This article 275 shall be liberally construed to carry out these objects and purposes in accordance with this declaration of policy.
Renumbered from C.R.S. §
12-40-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-101 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-102 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 275.
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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-104 - Proprietor defined

(1)
The term "proprietor", as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who:
(a)
For financial gain, employs optometrists in the operation of an optometry office;
(b)
Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist's office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term "proprietor" does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the manufacturer or by the manufacturer's franchised dealer; or
(c)
Under the guise of a rental percentage lease or sublease or other leasing or rental arrangement, participates in the direction and control of a licensee's practice and business or in the receipts or profits accruing therefrom, but a bona fide percentage sale lease basing the rental of the premises let upon a percentage of gross income of not to exceed the reasonable, going rate for like quarters and location, as determined by the board after investigation, shall not be deemed an avoidance of the provisions of this section. Certified copies of all such leasing and rental arrangements and renewals thereof shall be filed with the board by the licensee within thirty days after execution.
Renumbered from C.R.S. §
12-40-103
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-103 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-105 - Persons entitled to practice optometry - title protection of optometrists

It shall be unlawful for any person to practice optometry in this state except those who are duly licensed optometrists pursuant to the provisions of this article 275. A person licensed as an optometrist pursuant to the provisions of this article 275 may use the title "optometrist", the initials "O.D.", or the term "doctor of optometry". No other person shall use the title "optometrist", "O.D.", "doctor of optometry", or any other word or abbreviation to indicate or induce others to believe that one is licensed to practice optometry in this state.
Renumbered from C.R.S. §
12-40-104
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-104 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-106 - Persons excluded from operation of this article

(1)
This article 275 does not apply to:
(a)
Professional practice by a physician or surgeon licensed to practice medicine under the laws of the state of Colorado and ancillary or technical assistants working under the direction of a licensed physician or surgeon, with the exception of the fitting of contact lenses that must be done under the physician's or surgeon's direct supervision;
(b)
The practice of optometry in the discharge of their official duties by optometrists or physicians and surgeons in the service of the United States armed forces, public health service, Coast Guard, or veterans administration;
(c)
Opticians, persons, firms, and corporations that duplicate or repair spectacles or eyeglasses; opticians, persons, firms, and corporations that supply or sell spectacles, eyeglasses, or ophthalmic lenses, including but not limited to contact lenses, if the spectacles, eyeglasses, and ophthalmic lenses are provided pursuant to a valid prescription;
(d)
Persons serving a postdoctorate residency or an optometry student internship under the supervision of an optometrist licensed in Colorado as part of a curriculum from an accredited college of optometry.
Renumbered from C.R.S. §
12-40-105
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 578, § 1. CRS 53: § 102-2-3. C.R.S. 1963: § 102-1-3. L. 79: (1)(c) added, p. 528, § 2, and (1) amended, p. 529, § 3, effective June 7. L. 92: Entire section amended, p. 2021, § 4, effective July 1. L. 2002: (1)(c) amended, p. 60, § 6, effective July 1. L. 2011: IP(1) and (1)(d) amended, (SB 11-094), ch. 129, p. 445, §12, effective April 22.
This section is similar to former § 12-40-105 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-107 - State board of optometry - created - members

(1)
(a)
The state board of optometry, referred to in this article 275 as the "board", is created and is under the supervision and control of the division as provided by section
12-20-103(2)
. The board is a
type 1
entity, as defined in section
24-1-105
. The board consists of five optometrists and two members-at-large, to be appointed by the governor to serve for terms of four years; except that no person shall be appointed to serve more than two consecutive terms. Each member of the board, except for the members-at-large, must have been actually engaged and licensed in the practice of optometry in Colorado for the five years preceding the member's appointment. At least one of the two members-at-large must not be a member or representative of, nor have any direct interest in, any profession, agency, or institution providing health services.
(b)
Any four members of the board constitute a quorum for the purpose of holding examinations, granting licenses, or transacting any business connected with the board.
(c)
The governor shall fill a vacancy in the membership of the board for the remainder of the unexpired term. The governor may remove a member of the board for misconduct, incompetency, or neglect of duty.
(d)
A board member having a personal or private interest in any matter before the board shall disclose that fact to the board and shall not participate in related discussions or votes.
(2)
The board shall organize annually by electing one of its members as president and one as vice-president.
Amended by 2022 Ch. 469,§133, eff. 8/10/2022.
Renumbered from C.R.S. §
12-40-106
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 61: p. 580, § 1. CRS 53: § 102-2-6. C.R.S. 1963: § 102-1-6. L. 68: p. 123, § 119. L. 73: p. 1073, § 1. L. 76: (3) added, p. 624, § 23, effective July 1. L. 79: IP(1), (1)(b), and (1)(c) amended, p. 529, § 3, effective June 7. L. 85: (1) and (2) amended, p. 533, § 1, effective July 1. L. 87: (1) amended, p. 904, § 8, effective June 15. L. 91: (3) amended, p. 683, § 30, effective April 20. L. 92: (1) and (3) amended, p. 2021, § 5, effective July 1. L. 2002: (3)(a) repealed, p. 62, § 12, effective July 1. L. 2011: (1) and (2) amended, (SB 11-094), ch. 129, p. 442, §9, effective April 22.
This section is similar to former § 12-40-106 as it existed prior to 2019.
2022 Ch. 469, 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-108 - Powers and duties of the board - rules - limitation on authority

(1)
In addition to all other powers and duties conferred upon the board by this article 275, the board has the following powers and duties:
(a)
To determine acceptability of scores from tests administered by any approved or accredited national testing organization;
(b)
To adopt rules pursuant to section
12-20-204
. The board shall set the passing score of any examination at a minimum acceptable level of competence for the practice of optometry.
(c)
To grant licenses in conformity with this article 275 to applicants found qualified;
(d)
To aid the several district attorneys of this state in the enforcement of this article 275 and in the prosecution of all persons, firms, associations, or corporations charged with the violation of any of its provisions;
(e)
To establish programs of education for optometrists wishing to enter new, proven, and generally accepted areas of lawful practice involving techniques for which they have not received appropriate education;
(f)
To prepare and distribute to consumers as is reasonably necessary written communication providing information concerning the board and the regulation of optometry in Colorado;
(g)
To make investigations, hold hearings, and take evidence in accordance with section
12-20-403
in all matters relating to the exercise and performance of the powers and duties vested in the board;
(h)
To prescribe rules authorizing optometrists to utilize therapeutic procedures and therapeutic techniques in the practice of optometry. These rules shall in no way expand the practice of optometry, nor shall the rules include the use of therapeutic or cosmetic lasers. The rules shall specify approved programs of education offered by an accreditation organization recognized or approved by the Commission on Recognition of Postsecondary Accreditation or the United States department of education or their successors.
(2)
The authority granted the board under the provisions of this article 275 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Subsection (1) is similar to former § 12-40-107(1); and subsection (2) is similar to former § 12-40-107.5, as those sections 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-109 - Volunteer optometrist license

(1)
A person licensed to practice optometry pursuant to this article 275 may apply to the board for volunteer licensure status. The board shall designate the form and manner of the application. The board may:
(a)
Grant the application by issuing a volunteer license; or
(b)
Deny the application if the licensee has been disciplined for any of the causes set forth in section
12-275-120
.
(2)
A person applying for a license under this section:
(a)
Must either:
(I)
Hold an active and unrestricted license to practice optometry in Colorado and be in active practice in this state; or
(II)
Have been on inactive status pursuant to section
12-20-203
for not more than two years; and
(b)
Shall:
(I)
Pay a reduced license fee in lieu of the fee authorized by section
12-20-105
. The director shall reduce the volunteer optometrist license fee from the license fee charged pursuant to sections
12-20-202
and
12-275-115(1)
.
(II)
Attest that, after a date certain, the applicant will no longer earn income as an optometrist;
(III)
Maintain liability insurance as provided in section
12-275-128
; and
(IV)
Comply with the continuing education requirements established in section
12-275-115(3)
; except that the board may establish lesser continuing education requirements for volunteer licensees.
(3)
The face of each volunteer license issued pursuant to this section shall plainly indicate the volunteer status of the licensee.
(4)
The board may conduct disciplinary proceedings pursuant to section
12-275-122
against any person licensed under this section for an act committed while the person was licensed pursuant to this section.
(5)
A person licensed under this section may apply to the board for a return to active licensure status by filing an application in the form and manner designated by the board. The board may approve the application and issue a license to practice optometry or may deny the application if the licensee has been disciplined for or engaged in any of the activities set forth in section
12-275-120
.
(6)
An optometrist with a volunteer license shall provide optometry services only if the services are performed on a limited basis for no fee or other compensation.
Renumbered from C.R.S. §
12-40-107.2
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-107.2 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-111 - Current licensees - treatment and therapeutic practice

On and after July 1, 1988, a person who is licensed under this article 275 as an optometrist on June 30, 1988, and who is otherwise qualified under this article 275 may use prescription or nonprescription drugs for examination purposes. However, the optometrist may use prescription or nonprescription drugs for treatment of eye disease or disorder or for any therapeutic purpose only if the optometrist meets the requirements of section
12-275-113(2) and (4)
on or after July 1, 1988.
Renumbered from C.R.S. §
12-40-108.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 88: Entire section added, p. 529, § 3, effective July 1. L. 96: Entire section amended, p. 1887, § 4 effective July 1. L. 2011: Entire section amended, (SB 11-094), ch. 129, p. 447, §15, effective April 22.
This section is similar to former § 12-40-108.5 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-112 - Examination - licenses

(1)
The applicant shall take and submit test scores from the board-approved exam. The examination shall be of such a character as to test the qualifications of the applicant to practice optometry.
(2)
Each person who makes a passing grade on the practical and clinical examination and who is otherwise qualified shall be granted a license signed by the board. The license provided for in this section shall be in such form and wording as may be adopted by the board. The optometrist shall display the license for viewing by patients, as provided in section
12-275-117
. An application for initial licensure as an optometrist shall be accompanied by a processing fee in an amount to be determined by the board pursuant to section
12-20-105
.
(3)
Any person denied a license under this article 275 and believing himself or herself aggrieved thereby may pursue the remedy for review as provided under article
4
of title
24
if the action is instituted within a period of sixty days after the date of denial.
(4)
A person who fails to pass the examination provided for in this section may retake the examination the next time the examination is given.
Renumbered from C.R.S. §
12-40-109
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 582, § 1. CRS 53: § 102-2-9. C.R.S. 1963: § 102-1-9. L. 79: (1) and (2) amended, p. 531, § 6, effective June 7. L. 85: (2) and (3) amended and (4) added, p. 534, § 4, effective July 1. L. 88: (2) amended, p. 530, § 4, effective July 1. L. 92: (1) amended, p. 2024, § 8, effective July 1. L. 2002: (1) and (4) amended, p. 61, § 8, effective July 1. L. 2011: (1) and (2) amended, (SB 11-094), ch. 129, p. 447, §16, effective April 22.
This section is similar to former § 12-40-109 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-114 - Prescriptions - requirement to advise patients

(1)
An optometrist licensed under this article 275 may advise the optometrist's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order.
(2)
An optometrist's failure to advise a patient under subsection (1) of this section shall not be grounds for any disciplinary action against the optometrist's professional license issued under this article 275.
Renumbered from C.R.S. §
12-40-109.7
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-109.7 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-116 - Change of address

Every person licensed under this article 275 shall notify the board in writing within thirty days of any change in mailing address.
Renumbered from C.R.S. §
12-40-114
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 583, § 1. CRS 53: § 102-2-13. C.R.S. 1963: § 102-1-13. L. 73: p. 1077, § 1. L. 79: (2) amended, p. 532, § 9, effective June 7. L. 85: Entire section amended, p. 535, § 6, effective July 1. L. 2011: (1) and (2) repealed, (SB 11-094), ch. 129, p. 449, §20, effective April 22.
This section is similar to former § 12-40-114 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-117 - Licenses to be displayed

Every practitioner of optometry shall post and keep conspicuously displayed his or her license in the office wherein the optometrist practices. If an optometrist practices at several locations in the state, the optometrist shall display his or her license number and name in a manner that can be easily recognized by his or her patients. Each association of persons who engage in the practice of optometry under the name of a partnership, association, or any other title shall cause to be displayed and kept in a conspicuous place at the entrance of its place of business the name of each person engaged or employed in the partnership or association in the practice of optometry.
Renumbered from C.R.S. §
12-40-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 583, § 1. CRS 53: § 102-2-11. C.R.S. 1963: § 102-1-11. L. 85: Entire section amended, p. 536, § 7, effective July 1. L. 2011: Entire section amended, (SB 11-094), ch. 129, p. 449, §21, effective April 22.
This section is similar to former § 12-40-115 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-118 - Records to be kept by the board

The board shall keep a record of all persons to whom licenses have been granted under this article 275. A copy of the records, certified by the board, shall be admitted in any of the courts of this state, in lieu of the originals, as prima facie evidence of the facts contained in the records. A copy of the records certified by the board of a person charged with a violation of any of the provisions of this article 275 shall be evidence that the person has not been licensed to practice optometry.
Renumbered from C.R.S. §
12-40-116
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 586, § 1. CRS 53: § 102-2-18. C.R.S. 1963: § 102-1-18. L. 85: Entire section amended, p. 536, § 8, effective July 1. L. 92: Entire section amended, p. 2026, § 10, effective July 1.
This section is similar to former § 12-40-116 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-119 - Patient's exercise of free choice - release of patient records - rules

(1)
No person shall interfere with any patient's exercise of free choice in the selection of practitioners licensed to perform examinations for refractions and visual training or corrections within the field for which their respective licenses entitle them to practice.
(2)
An optometrist shall release to a patient all medical records pursuant to section
25-1-802
.
(3)
The optometrist shall release to the patient, upon written request, a valid, written contact lens prescription at the time the optometrist would otherwise replace a contact lens without any additional preliminary examination or fitting. The board shall promulgate rules defining the components of a valid written contact lens prescription.
Renumbered from C.R.S. §
12-40-117
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-117 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-123 - Use or sale of forged or invalid certificate, degree, or license

(1)
It is unlawful for any person to use or attempt to use as the person's own a diploma of an optometry school or college, or a license of another person, or a forged diploma or license, or any forged or false identification.
(2)
It is unlawful:
(a)
To sell or offer to sell a diploma conferring an optometry degree or a license granted pursuant to this article 275 or prior optometry practice laws;
(b)
To procure a diploma or license with intent that it be used as evidence of the right to practice optometry by a person other than the one upon whom it was conferred or to whom the license was granted;
(c)
With fraudulent intent to alter the diploma or license or to use or attempt to use it when it is so altered.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Subsection (1) is similar to former § 12-40-120; and subsection (2) is similar to former § 12-40-121(1), as those sections 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-124 - Corporate practice prohibited - exceptions

The practice of optometry in a corporate capacity is prohibited, but this prohibition does not apply to a professional corporation formed pursuant to this article 275 or to an optometry practice carried on by a nonprofit organization operating to assist indigent persons.
Renumbered from C.R.S. §
12-40-122
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-40-122 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-125 - Enforcement - injunction - defense

(1)
When the board has reasonable cause to believe that any person is violating any provision of this article 275 or any lawful rule issued under this article 275, it may, in addition to all actions provided for in this article 275 and without prejudice thereto, enter an order in accordance with section
12-20-405
requiring the person to desist or refrain from the violation. Additionally, the board may seek injunctive relief in accordance with section
12-20-406
to enjoin the person from engaging in or continuing the violation or from doing any act in furtherance of the violation.
(2)
When legal actions are instituted against a board member or authorized personnel for acts occurring while acting in their official capacities and the actions are free of malice, fraud, or willful neglect of duty, the member or employee served shall forthwith transmit any process served upon him or her to the attorney general who shall furnish counsel and defend against the action without cost to the board member or employee.
Renumbered from C.R.S. §
12-40-123
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 586, § 1. CRS 53: § 102-2-21. C.R.S. 1963: § 102-1-21.
This section is similar to former § 12-40-123 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-126 - Unauthorized practice - penalties

Any person who practices or offers or attempts to practice optometry without an active license issued under this article 275 is subject to penalties pursuant to section
12-20-407(1)(a)
.
Renumbered from C.R.S. §
12-40-124
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 61: p. 587, § 1. CRS 53: § 102-2-24. C.R.S. 1963: § 102-1-24. L. 85: Entire section amended, p. 409, § 15, effective July 1. L. 92: Entire section amended, p. 2031, § 15, effective July 1. L. 2002: Entire section amended, p. 1480, § 83, effective October 1. L. 2006: Entire section amended, p. 90, § 39, effective August 7.
This section is similar to former § 12-40-124 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-128 - Financial responsibility - rules

(1)
Every optometrist who provides health-care services within the state of Colorado shall establish financial responsibility as follows:
(a)
By maintaining commercial professional liability insurance coverage with an insurance company authorized to do business in this state in a minimum indemnity amount of one million dollars per incident and three million dollars annual aggregate per year; or
(b)
By maintaining a surety bond in a form acceptable to the commissioner of insurance in the amounts set forth in subsection (1)(a) of this section; or
(c)
By depositing cash or cash equivalents as security with the commissioner of insurance in the amounts set forth in subsection (1)(a) of this section; or
(d)
By providing any other security acceptable to the commissioner of insurance, which may include approved plans of self-insurance.
(2)
(a)
The board may, by rule, establish lesser financial responsibility standards than those required in subsection (1) of this section for classes of license holders who have an inactive license or who render limited or occasional optometry services because of administrative or other nonclinical duties, partial or complete retirement, or for other reasons that render the limits provided in subsection (1)(a) of this section unreasonable or unattainable.
(b)
Nothing in this section precludes or otherwise prohibits a licensed optometrist from rendering appropriate patient care on an occasional basis when the circumstances surrounding the need for care so warrant.
(3)
Each optometrist, as a condition of receiving and maintaining an active license to provide optometry services in this state, shall furnish the board evidence of compliance with subsection (1) of this section. No license shall be issued or renewed unless evidence of compliance has been furnished.
(4)
Notwithstanding the amounts specified in subsection (1) of this section, if the board receives two or more reports concerning any optometrist pursuant to section
12-275-129
during any one-year period, the minimum financial responsibility requirement shall be two times the amount specified in subsection (1) of this section. However, upon motion filed by the optometrist and the presentation of sufficient evidence to the board that one or more reports involved an action or claim that did not represent any substantial failure to adhere to accepted professional standards of care, the board may reduce the additional amount to that which would be fair and conscionable.
Renumbered from C.R.S. §
12-40-126
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 88: Entire section added, p. 531, § 8, effective 1/1/1989; (1)(a) amended, p. 1434, § 27, effective 1/1/1989. L. 2011: (1)(a), (2), and (3) amended and (5) repealed, (SB 11-094), ch. 129, pp. 442, 450, §§ 8, 26, 27, effective April 22.
This section is similar to former § 12-40-126 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-129 - Judgments and settlements - reporting

Any final judgment, settlement, or arbitration award against an optometrist for malpractice shall be reported within fourteen days by the optometrist's malpractice insurance carrier in accordance with section
10-1-125
or by the optometrist if no commercial malpractice insurance coverage is involved to the board for review, investigation, and, where appropriate, disciplinary or other action. Any optometrist who knowingly fails to report as required by this section shall be subject to a civil penalty of not more than two thousand five hundred dollars. The penalty shall be determined and collected in an action brought by the board in the district court in the city and county of Denver, which court shall have exclusive jurisdiction in such matters. All penalties collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Renumbered from C.R.S. §
12-40-127
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
L. 88: Entire section added, p. 532, § 8, effective 1/1/1989. L. 2003: Entire section amended, p. 622, § 34, effective July 1.
This section is similar to former § 12-40-127 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 275 - OPTOMETRISTS (§§ 12-275-101 — 12-275-130) › Section 12-275-130 - Repeal of article - review of functions

This article 275 is repealed, effective September 1, 2033. Before the repeal, the functions of the board performed pursuant to this article 275 are scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 398,§1, eff. 8/10/2022.
Renumbered from C.R.S. §
12-40-128
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
L. 92: Entire section added, p. 2031, § 16, effective July 1. L. 2002: (1) amended, p. 59, § 3, effective July 1. L. 2011: (1) amended, (SB 11-094), ch. 129, p. 436, §1, effective April 22.
This section is similar to former § 12-40-128 as it existed prior to 2019.
2022 Ch. 398, 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 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-101 - Public interest - rules

The practice of pharmacy is a professional practice affecting the public health, safety, and welfare and is subject to regulation and control in the public interest. It is a matter of public interest and concern that the practice of pharmacy, as defined in this article 280, merits and receives the confidence of the public, and that only qualified persons be permitted to practice pharmacy in this state. This article 280 is liberally construed to carry out these objects and purposes. Pursuant to these standards and obligations, the state board of pharmacy may adopt rules of professional conduct in accordance with article
4
of title
24
.
Renumbered from C.R.S. §
12-42.5-101
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-42.5-101 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 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-102 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 280.
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 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-104 - State board of pharmacy - creation - subject to review - repeal of parts

(1)
The responsibility for enforcement of this article 280 is vested in the state board of pharmacy, which is hereby created. The board has all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this article 280, as well as other duties, powers, and authority as may be granted by statute from time to time. Except as otherwise provided to the contrary, the board shall exercise all its duties, powers, and authority in accordance with the "State Administrative Procedure Act", article
4
of title
24
.
(2)
The board is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified by this article 280 under the department and the executive director.
(3)
Parts 1 to 3, 5, and 6 of this article 280 are repealed, effective September 1, 2030. Before the repeal, the board and the regulation of the practice of pharmacy pursuant to parts 1 to 3, 5, and 6 of this article 280 are scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 469,§134, eff. 8/10/2022.
Amended by 2021 Ch. 314,§1, eff. 9/1/2021.
Amended by 2019 Ch. 434,§2, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-103
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
This section is similar to former § 12-42.5-103 as it existed prior to 2019.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).