reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 155 - PLUMBERS (§§ 12-155-101 — 12-155-125) › Section 12-155-117 - [Effective Until 7/1/2025] Temporary permits - rules

(1)
The board or its authorized agent may issue a temporary permit to engage in the work of a journeyman plumber or a residential plumber to any applicant who has:
(a)
Furnished satisfactory evidence to the board that the applicant has the required experience to qualify for the examination, as provided in the rules promulgated by the board; and
(b)
Applied for an examination to become licensed.
(2)
The permits shall be issued only upon payment of a fee established by the board and may be revoked by the board at any time.
(3)
Any permit issued pursuant to this section shall expire no later than thirty days after the date of the examination for which the applicant has applied or upon written notice by the board of the results of the examination, whichever date is earlier. No permit shall be issued pursuant to this section to any person who has twice previously failed an examination or who has received two temporary permits.
(4)
Notwithstanding the requirements set forth in section
12-155-108 (3)
, a temporary master permit may be issued to an existing plumbing contractor who has lost the services of the plumbing contractor's master plumber for completion of a current project underway as long as the plumbing contractor has a journeyman plumber in the plumbing contractor's full-time employ. The permit is only valid until the next regularly scheduled examination.
Amended by 2024 Ch. 343,§ 16, eff. 7/1/2024.
Renumbered from C.R.S. §
12-58-112
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-58-112 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 155 - PLUMBERS (§§ 12-155-101 — 12-155-125) › Section 12-155-117 - [Effective 7/1/2025] Temporary permits - rules

(1)
The board or its authorized agent may issue a temporary permit to engage in the work of a Journeyworker plumber or a residential plumber to any applicant who has:
(a)
Furnished satisfactory evidence to the board that the applicant has the required experience to qualify for the examination, as provided in the rules promulgated by the board; and
(b)
Applied for an examination to become licensed.
(2)
The permits shall be issued only upon payment of a fee established by the board and may be revoked by the board at any time.
(3)
Any permit issued pursuant to this section shall expire no later than thirty days after the date of the examination for which the applicant has applied or upon written notice by the board of the results of the examination, whichever date is earlier. No permit shall be issued pursuant to this section to any person who has twice previously failed an examination or who has received two temporary permits.
(4)
Notwithstanding the requirements set forth in section
12-155-108 (3)
, a temporary master permit may be issued to an existing plumbing contractor who has lost the services of the plumbing contractor's master plumber for completion of a current project underway as long as the plumbing contractor has a Journeyworker plumber in the plumbing contractor's full-time employ. The permit is only valid until the next regularly scheduled examination.
Amended by 2024 Ch. 343,§ 17, eff. 7/1/2025.
Amended by 2024 Ch. 343,§ 16, eff. 7/1/2024.
Renumbered from C.R.S. §
12-58-112
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
This section is similar to former § 12-58-112 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 155 - PLUMBERS (§§ 12-155-101 — 12-155-125) › Section 12-155-121 - Municipal and county regulations

(1)
Any city, town, county, or city and county of this state may provide for the licensing of plumbing contractors or water conditioning contractors. Contractors who obtain local licensing must also register with the board in accordance with section
12-155-108
.
(2)
A local government agency shall not promulgate rules or regulations or provide for licenses that would preclude the holder of a valid license or registration issued under this article 155 from practicing the holder's trade.
Renumbered from C.R.S. §
12-58-115
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2015 Ch. 300,§ 8, eff. 6/5/2015.
Amended by 2013 Ch. 280,§ 14, eff. 5/24/2013.
L. 82: Entire article R&RE, p. 273, § 1, effective July 1. L. 88: Entire section R&RE, p. 592, § 15, effective July 1. L. 2013: (1) amended, (SB 13-162), ch. 280, p. 1459, § 14, effective May 24. L. 2015: Entire section amended, (SB 15-202), ch. 300, p. 1235, § 8, effective June 5.
This section is similar to former § 12-58-115 as it existed prior to 2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 155 - PLUMBERS (§§ 12-155-101 — 12-155-125) › Section 12-155-122 - [Effective Until 7/1/2025] Unauthorized practice - penalties

(1)
Any person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyman, master, or apprentice plumber without an active license, permit, or registration issued under this article 155 is subject to penalties pursuant to section
12-20-407 (1)(a)
.
(2)
A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article 155 is subject to penalties pursuant to section
12-20-407 (1)(a)
; except that nothing in this subsection (2) limits the ability of a licensed residential, journeyman, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.
Amended by 2024 Ch. 343,§ 22, eff. 7/1/2024.
Renumbered from C.R.S. §
12-58-116
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 300, § 9, eff. 6/5/2015.
L. 82: Entire article R&RE, p. 273, § 1, effective July 1. L. 88: Entire section R&RE, p. 592, § 16, effective July 1. L. 2002: (2) amended, p. 1486, § 113, effective October 1. L. 2006: IP(1) and (1)(a) to (1)(c) repealed and (2) amended, p. 96, §§ 62, 61, 60, effective August 7. L. 2015: (3) added, (SB 15-202), ch. 300, p. 1235, § 9, effective June 5.
This section is similar to former § 12-58-116 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 155 - PLUMBERS (§§ 12-155-101 — 12-155-125) › Section 12-155-122 - [Effective 7/1/2025] Unauthorized practice - penalties

(1)
A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber or plumbing apprentice without an active license, permit, or registration issued under this article 155 is subject to penalties pursuant to section
12-20-407 (1)(a)
.
(2)
A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article 155 is subject to penalties pursuant to section
12-20-407 (1)(a)
; except that nothing in this subsection (2) limits the ability of a licensed residential, Journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.
Amended by 2024 Ch. 343,§ 23, eff. 7/1/2025.
Amended by 2024 Ch. 343,§ 22, eff. 7/1/2024.
Renumbered from C.R.S. §
12-58-116
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2015 Ch. 300, § 9, eff. 6/5/2015.
L. 82: Entire article R&RE, p. 273, § 1, effective July 1. L. 88: Entire section R&RE, p. 592, § 16, effective July 1. L. 2002: (2) amended, p. 1486, § 113, effective October 1. L. 2006: IP(1) and (1)(a) to (1)(c) repealed and (2) amended, p. 96, §§ 62, 61, 60, effective August 7. L. 2015: (3) added, (SB 15-202), ch. 300, p. 1235, § 9, effective June 5.
This section is similar to former § 12-58-116 as it existed prior to 2019.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 155 - PLUMBERS (§§ 12-155-101 — 12-155-125) › Section 12-155-125 - Plumbing contractors - requirement to display registration identification - master plumber of contractor

(1)
On and after July 1, 2025, a plumbing contractor shall display the following information on the plumbing contractor's vehicle or vehicles, billing materials, bid sheets, and website:
(a)
The plumbing contractor's Colorado registration identification number; and
(b)
The Colorado registration identification number for the master plumber attached to the plumbing contractor.
Added by 2024 Ch. 343,§ 26, eff. 7/1/2024.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 160 - [Repealed] (§ 12-160-101) › Section 12-160-101 - to 12-160-111 - [Repealed]

Repealed under authority of C.R.S. § 12-160-111, eff. 9/21/2020.
Renumbered from C.R.S. §
12-58.5-101
and amended by 2019 Ch. 136,§1, eff. 10/1/2019.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-101 - Short title

The short title of this article 165 is the "Radon Measurement and Mitigation Licensing Act".
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-102 - Legislative declaration

The general assembly hereby finds and declares that the prevalence of Colorado homes with excessive levels of radon has created a market in which unqualified individuals are representing themselves and practicing as radon professionals. Radon is the second leading cause of lung cancer, causing approximately twenty thousand deaths a year in the United States, including five hundred deaths in Colorado. Therefore, to protect the public, it is necessary to establish minimum qualifications for radon professionals and to require professionals who possess such qualifications to acquire a license before performing radon measurement or radon mitigation.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-103 - Applicability of common provisions

Articles
1
and
20
of this title 12 apply, according to their terms, to this article 165.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-104 - Definitions

As used in this article 165, unless the context otherwise requires:
(1)
"AARST" means the American Association of Radon Scientists and Technologists or its successor organization.
(2)
"ANSI" means the American National Standards Institute or its successor organization.
(3)
"Direct supervision" means supervision by an individual who is physically present during on-site activities and immediately available to direct, instruct, and oversee the activities of other individuals.
(4)
"Proficiency program" means the National Radon Proficiency Program, the National Radon Safety Board, or a successor organization or any other radon proficiency program that is recognized by the federal environmental protection agency and approved by the director.
(5)
"Radon measurement" means the practice of using a radon measurement device to test air, water, or soil for the presence of radon or radon progeny in the indoor environment of a premises.
(6)
"Radon measurement device" means a device approved by a proficiency program and used for radon measurement.
(7)
"Radon mitigation" means the practice of installing, repairing, or modifying a radon mitigation system to reduce the concentration of radon or radon progeny in the indoor environment of a building.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-105 - Director powers and duties - rules

(1)
In addition to any other powers and duties granted or imposed on the director under this article 165 or by any other law, the director shall:
(a)
Adopt rules pursuant to section
12-20-204
, including rules to:
(I)
Establish the form and manner for applying for a new license or renewing a license under this article 165;
(II)
Adopt applicable ANSI/AARST standards for the practice of radon measurement and radon mitigation; and
(III)
Address any other matters determined necessary by the director to implement this article 165;
(b)
Review applications for new licenses and renewal of licenses and grant or deny such licenses and renewals as provided in this article 165;
(c)
Establish fees for the issuance of a new license and for each license renewal pursuant to sections
12-20-105
and
12-20-202 (1)
;
(d)
Conduct investigations, hold hearings, take evidence, and pursue disciplinary actions pursuant to sections
12-20-403
,
12-20-404
, and
12-165-111
with respect to complaints against radon measurement professionals and radon mitigation professionals when the director has reasonable cause to believe that an individual is violating this article 165 or rules adopted pursuant to this article 165; and
(e)
Perform other functions and duties necessary to administer this article 165.
Added by 2021 Ch. 398, § 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-106 - Licensure - title protection - unauthorized practice - penalty

(1)
(a)
On and after July 1, 2022, an individual conducting radon mitigation or radon measurement in this state shall meet the qualifications set forth in section
12-165-108
and obtain a license from the director.
(b)
Only an individual who obtains a license pursuant to section
12-165-108
may claim to be a radon measurement professional or radon mitigation professional or use the title "radon measurement professional" or "radon mitigation professional" or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation.
(2)
An individual who conducts radon measurement or radon mitigation, claims to be a radon measurement professional or radon mitigation professional, or uses the title "radon measurement professional" or "radon mitigation professional" or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under this article 165 is subject to penalties pursuant to section
12-20-407 (1)(b)
.
Added by 2021 Ch. 398, § 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-107 - Exemptions

(1)
This article 165 does not apply to:
(a)
(I)
An individual performing radon measurement or radon mitigation on a single-family residence that the individual owns and occupies; or
(II)
An individual performing radon measurement on a leased dwelling unit that the individual leases or occupies;
(b)
An individual performing radon measurement who assists and is under the direct supervision of a licensed radon measurement professional;
(c)
An individual performing radon mitigation who assists and is under the direct supervision of a licensed radon mitigation professional;
(d)
An agent of a federal, state, or local government agency acting within the scope of the agent's official capacity;
(e)
An individual performing radon measurement or radon mitigation as part of radon training approved by a proficiency program; or
(f)
An individual acting within the scope of practice for which the individual is licensed, registered, or certified;
Amended by 2023 Ch. 356,§ 6, eff. 8/7/2023.
Added by 2021 Ch. 398, § 1, eff. 9/7/2021.
2023 Ch. 356, 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) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-108 - Radon measurement and radon mitigation licenses - qualifications - fees - renewal - rules

(1)
An individual applying for a license pursuant to this section must satisfy the requirements of the particular license for which the application is made. The director may issue one of the following types of licenses to an applicant who, upon application in the form and manner determined by the director, payment of the required fee, and satisfaction of the requirement specified in subsection (2) of this section, provides evidence satisfactory to the director that the applicant satisfies the qualifications for the particular license as follows:
(a)
Radon measurement professional license.
An applicant for a radon measurement professional license must present proof of certification in radon measurement from a proficiency program.
(b)
Radon mitigation professional license.
An applicant for a radon mitigation professional license must present proof of certification in radon mitigation from a proficiency program.
(2)
(a)
In addition to satisfying the requirements of subsection (1) of this section, each applicant for a license under this section must submit to the director an attestation as to whether the applicant, within the prior five years, has been convicted of or has entered a plea of guilty or nolo contendere to:
(I)
A felony;
(II)
An offense, the underlying factual basis of which has been found by the court to involve unlawful sexual behavior, domestic violence, as defined in section
18-6-800.3(1)
, or stalking, as defined in section
18-3-602
; or
(III)
Violation of a protection order, as defined in section
18-6-803.5
.
(b)
In considering an applicant's criminal history, the director is governed by sections
12-20-202(5)
and
24-5-101
.
(3)
Licenses issued pursuant to this article 165 are subject to the provisions in section
12-20-102(1) and (2)
concerning renewal, expiration, reinstatement, and delinquency fees. An individual whose license expires and who continues to do business as a radon measurement professional or radon mitigation professional is subject to the penalties provided in this article 165 and section
12-20-202(1)
.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-109 - Insurance required

(1)
A licensee shall not engage in radon measurement or radon mitigation activities, as applicable, unless the licensee maintains professional liability insurance that:
(a)
Is issued by an insurance company authorized by the division of insurance to transact insurance business in this state;
(b)
Is in effect at all times during the license period;
(c)
Provides for general liability coverage in an amount of at least:
(I)
Two hundred fifty thousand dollars for radon measurement professionals; and
(II)
Five hundred thousand dollars for radon mitigation professionals; and
(d)
Lists the division of insurance as a certificate holder.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-110 - Duties of radon professionals - rules

(1)
A licensed radon measurement professional shall:
(a)
Conduct all radon measurements in accordance with the applicable ANSI/AARST radon measurement standard or other applicable national consensus radon measurement standard approved by the director;
(b)
Maintain a quality control program plan in accordance with the applicable ANSI/AARST standard;
(c)
Ensure all radon measurements are conducted by, or under the direct supervision of, a licensed radon measurement professional;
(d)
Use and sell only radon measurement devices approved by the proficiency program that certified the licensee; and
(e)
Procure all laboratory analysis through a radon laboratory that is approved by a proficiency program.
(2)
A licensed radon mitigation professional shall:
(a)
Conduct all radon mitigation in accordance with the applicable ANSI/AARST radon mitigation standard or other applicable national consensus radon mitigation standard approved by the director;
(b)
Maintain a quality control program plan in accordance with the applicable ANSI/AARST standard;
(c)
Ensure all radon mitigation is conducted by, or under the direct supervision of, a licensed radon mitigation professional; and
(d)
Modify and repair all radon mitigation systems in accordance with the applicable ANSI/AARST radon mitigation standard.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-112 - Director's authority to examine, inspect, and test

(1)
The director or the director's designee may inspect radon measurement locations and radon mitigation system installations to ensure that radon measurement and radon mitigation are conducted in accordance with this article 165.
(2)
In response to a complaint or other knowledge, and with the consent of the owner and occupant of a premises, the director or the director's designee may enter the premises at a reasonable time to inspect the premises, question all persons who are present, and require the production of radon mitigation system plans, sketches, diagnostic information, and other evidence.
(3)
The director or the director's designee may inspect and test any equipment used for radon measurement or radon mitigation.
(4)
It is unlawful to interfere with an inspection conducted by the director or the director's designee.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › BUSINESS PROFESSIONS AND OCCUPATIONS (§§ 12-100-101 — 12-165-113) › Article 165 - RADON PROFESSIONALS (§§ 12-165-101 — 12-165-113) › Section 12-165-113 - Repeal of article - review of functions

This article 165 is repealed, effective September 1, 2027. Before the repeal, this article 165 is scheduled for review in accordance with section
24-34-104
.
Added by 2021 Ch. 398,§ 1, eff. 9/7/2021.
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 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-101 - Short title

The short title of this article 170 is the "Natural Medicine Health Act of 2022".
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-103 - Applicability of common provisions

Articles
1
and
20
of this title 12 apply, according to their terms, to this article 170.
Amended by 2023 Ch. 249,§ 2, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-107 - Federally recognized American tribes and Indigenous community working group - creation - duties

(1)
The director shall establish the federally recognized American tribes and Indigenous community working group for the purpose of engaging and creating a dialogue to identify issues related to the commercialization of natural medicine, natural medicine product, and natural medicine services for tribal and Indigenous people, communities, cultures, and religions. The community working group shall study the following:
(a)
Avoiding the misappropriation and exploitation of the federally recognized American tribes and Indigenous people, communities, cultures, and religions;
(b)
Avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services;
(c)
Any conservation issues associated with the legalization and regulation of natural medicine or natural medicine product, including the potential for further depletion of peyote due to peyote being a source of mescaline; and
(d)
Best practices and open communication to build trust and understanding between the federally recognized American tribes and Indigenous people and communities, the board, the division, the state licensing authority, and law enforcement agencies, for the purpose of avoiding unnecessary burdens and criminalization of traditional tribal and Indigenous uses of natural medicine.
(2)
The working group shall advise the board and the division on its findings and recommendations pursuant to the subjects identified in subsection (1) of this section.
(3)
The director is encouraged to engage with the federally recognized American tribes and Indigenous people who have significant experience with traditional use of natural medicine and other persons deemed necessary by the director for the purpose of this section.
Amended by 2023 Ch. 249,§ 6, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-108 - License required - unauthorized practice - mandatory disclosure of information

(1)
An individual shall not engage in facilitation, or represent to the public or identify the individual's self as a facilitator, in this state until the individual has received a license from the director.
(2)
A facilitator shall conspicuously display the license issued by the director in the healing center, including information concerning how to file a complaint against the facilitator with the director.
(3)
Every licensee, permittee, registrant, or certificate holder shall provide the following information in writing to each participant prior to a preparation session, administration session, and integration session:
(a)
The name, address, and phone number of the licensee, permittee, registrant, or certificate holder;
(b)
An explanation of the regulations applicable to the licensee, permittee, registrant, or certificate holder pursuant to this article 170 or rules promulgated pursuant to this article 170;
(c)
A listing of training, educational and experiential requirements, and qualifications the licensee, permittee, registrant, or certificate holder pursuant to this article 170 or rules promulgated pursuant to this article 170 satisfied in order to obtain a license, permit, registration, or certificate;
(d)
A statement indicating that the licensee, permittee, registrant, or certificate holder is regulated by the division, and an address and telephone number for the division; and
(e)
A statement indicating that the participant is entitled to receive information about natural medicine services, may terminate natural medicine services at any time, and may terminate previously provided informed consent for physical contact at any time.
(4)
Nothing in this section prohibits an individual from performing a bona fide religious, culturally traditional, or spiritual ceremony, if the individual informs an individual engaging in the ceremony that the individual is not a licensed facilitator and that the ceremony is not associated with commercial, business, or for-profit activity.
Amended by 2023 Ch. 249,§ 7, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-109 - Grounds for discipline

(1)
The director may take disciplinary or other action as authorized in section
12-20-404
upon proof that the licensee, permittee, registrant, or certificate holder:
(a)
Violated a provision of this article 170 or a rule promulgated pursuant to this article 170;
(b)
Has been convicted of or has entered a plea of nolo contendere to a felony. In considering the conviction of or the plea to any such crime, the director shall be governed by the provisions of sections
12-20-202 (5)
and
24-5-101
.
(c)
Made any misstatement on an application for a license, registration, or permit to practice pursuant to this article 170 or attempted to obtain a license, registration, permit, or certificate to practice by fraud, deception, or misrepresentation;
(d)
Committed an act or failed to perform an act necessary to meet the generally accepted professional standards of conduct to practice a profession licensed pursuant to this article 170 or promulgated by rule pursuant to section
12-170-105 (1)(a)(II)(D)
, including performing services outside of the person's area of training, experience, or competence;
(e)
Excessively or habitually uses or abuses alcohol or controlled substances;
(f)
Violated any of the provisions of this article 170, an applicable provision of article
20
of this title 12, or any valid order of the director;
(g)
Is guilty of unprofessional or dishonest conduct;
(h)
Advertises by means of false or deceptive statement;
(i)
Fails to display the license as provided in section
12-170-108 (2)
;
(j)
Fails to comply with the rules promulgated by the director pursuant to this article 170;
(k)
Is guilty of willful misrepresentation;
(l)
Fails to disclose to the director within forty-five days a conviction for a felony or any crime that is related to the practice as a facilitator;
(m)
Aids or abets the unlicensed practice of facilitation; or
(n)
Fails to timely respond to a complaint sent by the director pursuant to section
12-170-110
.
Amended by 2023 Ch. 249,§ 8, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-110 - Disciplinary proceedings - administrative law judges - judicial review

(1)
The director may, through the department, employ administrative law judges to conduct hearings as provided by this section or on any matter within the director's jurisdiction upon such conditions and terms as the director may determine.
(2)
A proceeding for discipline of a licensee, permittee, registrant, or certificate holder must be commenced when the director has reasonable grounds to believe that a licensee, permittee, registrant, or certificate holder has committed acts that may violate the provisions of this article 170 or rules promulgated pursuant to this article 170. The grounds may be established by an investigation begun by the director on the director's own motion or by an investigation pursuant to a written complaint. Section
12-20-403
and article
4
of title
24
govern proceedings brought pursuant to this section.
(3)
Any hearing on the revocation or suspension of a license, permit, registration, or certificate, or on the denial of an application for a new license, permit, registration, or certificate, or for renewal of a previously issued license, permit, registration, or certificate must be conducted by an administrative law judge.
(4)
Final action by the director may be judicially reviewed pursuant to section
12-20-408
.
Amended by 2023 Ch. 249,§ 9, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-111 - Fees - cash fund - created

(1)
Based upon the appropriation made and subject to the approval of the executive director of the department of regulatory agencies, the director shall establish and adjust fees that the director is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs; except that fees must not exceed the amount necessary to administer this article 170.
(2)
The natural medicine facilitator cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of fees credited to the fund pursuant to this article 170 and any other money that the general assembly may appropriate or transfer to the fund.
(3)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(4)
Money in the fund is continuously appropriated to the department for the administration of this article 170.
Amended by 2023 Ch. 249,§ 10, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-112 - Local jurisdiction

(1)
A local jurisdiction shall not prohibit a facilitator from providing natural medicine services within its boundaries if the individual is a licensed facilitator pursuant to this article 170.
(2)
A local jurisdiction shall not adopt ordinances or regulations that are unreasonable or in conflict with this article 170.
Amended by 2023 Ch. 249,§ 11, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-114 - Liberal construction

This article 170 must be liberally construed to effectuate its purpose.
Amended by 2023 Ch. 249,§ 13, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-115 - Preemption

A local jurisdiction shall not adopt, enact, or enforce any ordinance, rule, or resolution that is otherwise in conflict with the provisions of this article 170.
Amended by 2023 Ch. 249,§ 14, eff. 7/1/2023.
Added by 2022 Ballot Proposition 122, passed by voters in 11/8/2020 election, eff. upon official proclamation by governor, 12/27/2022.
2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-116 - Self-executing, severability, conflicting provisions

All provisions of this article 170 are self-executing except as specified herein, are severable, and, except when otherwise indicated, shall supersede conflicting state statutory, local charter, ordinance, or resolution provisions, and other state and local provisions. If any provision of this article 170 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article 170 that can be given effect without the invalid provision or application, and to this end the provisions of this article 170 are severable.
Added by 2023 Ch. 249,§ 15, eff. 7/1/2023.
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 170 - NATURAL MEDICINE HEALTH ACT OF 2022 (§§ 12-170-101 — 12-170-117) › Section 12-170-117 - Repeal of article - review of functions

This article 170 is repealed, effective September 1, 2032. Before the repeal, this article 170 is scheduled for review in accordance with section
24-34-104
.
Added by 2023 Ch. 249,§ 16, eff. 7/1/2023.
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 200 - ACUPUNCTURISTS (§§ 12-200-101 — 12-200-118) › Section 12-200-101 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
In order to safeguard the life, health, property, and public welfare of the people of this state, and in order to protect the people of this state from unauthorized, unqualified, and improper application of services by individuals in the practice of acupuncture, it is necessary that a proper regulatory authority be established and adequately funded;
(b)
The scope of the practice of acupuncture will continue to evolve in response to innovation, research, collaboration, and changes in technology and societal needs;
(c)
Unless otherwise authorized by law, a person should not use, in connection with the person's name or business, or otherwise assume or advertise any title or description that will or that reasonably might be expected to mislead the public into believing that the person is an acupuncturist unless the person is duly licensed under this article 200; and
(d)
A person who holds himself or herself out to the public as an acupuncturist without qualifying for proper licensing under this article 200 endangers the public life, health, property, and welfare.
Amended by 2022 Ch. 254,§5, eff. 9/1/2022.
Added by 2019 Ch. 136,§1, eff. 10/1/2019.
This section is similar to former § 12-29.5-101 as it existed prior to 2019.
2022 Ch. 254, 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 200 - ACUPUNCTURISTS (§§ 12-200-101 — 12-200-118) › Section 12-200-102 - Applicability of common provisions

Articles
1
,
20
, and
30
of this title 12 apply, according to their terms, to this article 200.
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 200 - ACUPUNCTURISTS (§§ 12-200-101 — 12-200-118) › Section 12-200-104 - Injection therapy - training - substances - rules

(1)
A licensee shall obtain the necessary training as determined by the director prior to practicing injection therapy.
(2)
Notwithstanding section
12-280-305
, a licensee who has received the necessary training to practice injection therapy may obtain substances for injection therapy from a registered prescription drug outlet, registered manufacturer, or registered wholesaler. An entity that provides a substance to a licensee in accordance with this section, and who relies in good faith upon the license information provided by the licensee, is not liable for providing the substance.
(3)
The director shall promulgate rules to implement this section that include the necessary training for a licensee to practice injection therapy and a list of substances that a licensee may obtain for injection therapy. In promulgating the rules, the director shall consult with knowledgeable medical professionals and pharmacists.
Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.
This section is similar to former § 12-29.5-102.5 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 200 - ACUPUNCTURISTS (§§ 12-200-101 — 12-200-118) › Section 12-200-105 - Mandatory disclosure of information to patients - retention of records of disclosure

(1)
Every acupuncturist shall provide the following information in writing to each patient during the initial patient contact:
(a)
The name, business address, and business phone number of the acupuncturist;
(b)
A fee schedule;
(c)
A statement indicating that:
(I)
The patient is entitled to receive information about the methods of therapy, the techniques used, and the duration of therapy, if known;
(II)
The patient may seek a second opinion from another health-care professional or may terminate therapy at any time;
(III)
In a professional relationship, sexual intimacy is never appropriate and should be reported to the director;
(d)
A listing of the acupuncturist's education, experience, degrees, membership in a professional organization whose membership includes not less than one-third of the persons licensed pursuant to this article 200, certificates or credentials related to acupuncture awarded by the organizations, the length of time required to obtain the degrees or credentials, and experience;
(e)
A statement indicating any license, certificate, or registration in acupuncture or any other health-care profession that was issued to the acupuncturist by any local, state, or national health-care agency, and indicating whether any such license, certificate, or registration was suspended or revoked;
(f)
A statement that the acupuncturist is complying with any rules promulgated by the department of public health and environment with respect to this article 200, including those related to the proper cleaning and sterilization of needles used in the practice of acupuncture and the sanitation of acupuncture offices;
(g)
A statement indicating that the practice of acupuncture is regulated by the department of regulatory agencies and the address and phone number of the director; and
(h)
A statement indicating the acupuncturist's training and experience in the recommendation and application of adjunctive therapies and herbs as defined by acupuncture concepts.
(2)
Any changes in the information required by subsections (1)(a) to (1)(f) of this section shall be made in the mandatory disclosure within five days of the change.
(3)
The acupuncturist shall retain a copy of the written information specified in subsection (1) of this section, dated and signed by the patient, from the time of the initial evaluation until at least three years after the termination of treatment.
Amended by 2022 Ch. 254,§7, eff. 9/1/2022.
Added by 2019 Ch. 136,§1, eff. 10/1/2019.
This section is similar to former § 12-29.5-103 as it existed prior to 2019.
2022 Ch. 254, 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 200 - ACUPUNCTURISTS (§§ 12-200-101 — 12-200-118) › Section 12-200-105.5 - Protection of patient records - acupuncturist's obligations - verification of compliance - rules

(1)
Each acupuncturist shall develop a written plan to ensure the security of patient records. The plan must address at least the following:
(a)
The storage and proper disposal of patient records;
(b)
The disposition of patient records in the event the acupuncturist dies, retires, or otherwise ceases to practice or provide acupuncture services to patients; and
(c)
The method by which patients may access or obtain their records promptly if any of the events described in subsection (1)(b) of this section occurs.
(2)
Upon initial licensure under this article 200, the acupuncturist shall attest to the director that the acupuncturist has developed a plan in compliance with this section.
(3)
An acupuncturist shall inform each patient, in writing, of the method by which the patient may access or obtain the patient's records if an event described in subsection (1)(b) of this section occurs.
(4)
The director may adopt rules as necessary to implement this section.
Added by 2022 Ch. 254,§8, eff. 9/1/2022.
2022 Ch. 254, 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 200 - ACUPUNCTURISTS (§§ 12-200-101 — 12-200-118) › Section 12-200-107 - Licensure by endorsement

The director shall issue a license by endorsement to engage in the practice of acupuncture in this state to any applicant who satisfies the requirements of the occupational credential portability program.
Amended by 2020 Ch. 126,§ 19, eff. 6/25/2020.
Renumbered from C.R.S. §
12-29.5-104.5
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
L. 2002: Entire section added, p. 35, § 4, effective March 13.
This section is similar to former § 12-29.5-104.5 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.