(1) Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section:
(a) A regulator, in the name of the people of the state of Colorado and through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12.
(b) If the regulator establishes that the defendant has been or is committing an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act.
(c) An injunctive proceeding may be brought pursuant to this section in addition to, and not in lieu of, all penalties and other remedies provided in the part or article.
(2) (a) Except as specified in subsection (2)(b) of this section, when seeking an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation.
(b) Subsection (2)(a) of this section does not apply to the following:
(I) Article 105 of this title 12 concerning barbers and cosmetologists;
(II) Part 4 of article 120 of this title 12 concerning architects;
(III) Repealed.
(IV) Article 150 of this title 12 concerning passenger tramways;
(V) Article 210 of this title 12 concerning audiologists;
(VI) Article 215 of this title 12 concerning chiropractors;
(VII) Article 230 of this title 12 concerning hearing aid providers;
(VIII) Article 240 of this title 12 concerning medical practice;
(IX) Article 255 of this title 12 concerning nurses, certified midwives, and nurse aides;
(X) Repealed.
(XI) Article 275 of this title 12 concerning optometrists;
(XII) Article 280 of this title 12 concerning pharmacists, pharmacy businesses, and pharmaceuticals;
(XIII) Article 285 of this title 12 concerning physical therapists and physical therapist assistants; and
(XIV) Article 290 of this title 12 concerning podiatrists.
(3) This section does not apply to the following:
(a) Article 100 of this title 12 concerning accountants;
(b) Article 110 of this title 12 concerning combative sports;
(c) Repealed.
(d) Article 130 of this title 12 concerning landscape architects;
(e) Article 140 of this title 12 concerning nontransplant tissue banks;
(f) Article 220 of this title 12 concerning dentists, dental therapists, and dental hygienists;
(g) Article 250 of this title 12 concerning naturopathic doctors;
(h) Article 295 of this title 12 concerning psychiatric technicians; and
(i) Article 315 of this title 12 concerning veterinarians.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 752, � 1, effective October 1. L. 2020: (2)(b)(IX) amended and (2)(b)(X) repealed, (HB 20-1183), ch. 157, p. 696, � 35, effective July 1; (3)(c) repealed, (HB 20-1286), ch. 269, p.1313, � 10, effective July 10. L. 2022: (3)(f) amended, (SB 22-219), ch. 381, p. 2723, � 28, effective January 1, 2023. L. 2023: (2)(b)(IX) amended, (SB 23-167), ch. 261, p. 1531, � 23, effective May 25. L. 2024: (2)(b)(III) repealed, (SB 24-173), ch. 240, p. 1588, � 5, effective May 24.
Editor's note: This section is similar to former � 12-36-129 (6) as it existed prior to 2019.
Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.
12-20-407. Unauthorized practice of profession or occupation - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:
(I) Violates section 12-100-112 or 12-100-116 (1)(a);
(II) Engages in or offers or attempts to engage in the conduct, promotion, or performance of live boxing matches without an active license or permit issued under article 110 of this title 12;
(III) Repealed.
(IV) Engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyworker, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or
(V) Practices or offers or attempts to practice any of the following professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:
(A) Barbering, hairstyling, esthetics, manicuring, or cosmetology, as regulated under article 105 of this title 12;
(B) The profession of an electrician, as regulated under article 115 of this title 12;
(C) Professional engineering, as regulated under article 120 of this title 12;
(D) Professional land surveying, as regulated under article 120 of this title 12;
(E) Architecture, as regulated under article 120 of this title 12;
(F) Landscape architecture, as regulated under article 130 of this title 12;
(G) Acupuncture, as regulated under article 200 of this title 12;
(H) Audiology, as regulated under article 210 of this title 12;
(I) Chiropractic, as regulated under article 215 of this title 12;
(J) Dentistry, dental therapy, or dental hygiene, as regulated under article 220 of this title 12;
(K) Direct-entry midwifery, as regulated under article 225 of this title 12;
(L) Practice as a hearing aid provider or engages in the practice of dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;
(M) Medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as regulated under article 240 of this title 12;
(N) Practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;
(O) Practical or professional nursing or practice as a certified midwife, as regulated under article 255 of this title 12;
(P) Nursing home administration, as regulated under article 265 of this title 12;
(Q) Optometry, as regulated under article 275 of this title 12;
(R) Pharmacy or as a pharmacy technician, as regulated under article 280 of this title 12;
(S) Physical therapy, as regulated under part 1 of article 285 of this title 12;
(T) Podiatry, as regulated under article 290 of this title 12;
(U) Practice as a psychiatric technician, as regulated under article 295 of this title 12;
(V) Respiratory therapy, as regulated under article 300 of this title 12;
(W) [Editor's note: This version of subsection (1)(a)(V)(W) is effective until January 1, 2026.] Veterinary medicine or as a veterinary technician, as regulated under article 315 of this title 12; or
(W) [Editor's note: This version of subsection (1)(a)(V)(W) is effective January 1, 2026.] Veterinary medicine or as a veterinary technician or veterinary professional associate, as regulated under article 315 of this title 12; or
(X) Facilitating natural medicine services, as regulated under article 170 of this title 12.
(b) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person engages in any of the following activities:
(I) Repealed.
(II) Practices or offers or attempts to practice athletic training without an active registration issued under article 205 of this title 12;
(III) Practices or offers or attempts to practice massage therapy without an active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;
(IV) Practices or offers or attempts to practice occupational therapy without an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;
(V) Practices or offers or attempts to practice speech-language pathology without an active certification issued under article 305 of this title 12;
(VI) Performs the duties of a surgical assistant or surgical technologist without being registered under article 310 of this title 12; or
(VII) 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 article 165 of this title 12.
(c) A person who practices or offers or attempts to practice as a naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(d) A person who violates section 12-285-202 or 12-285-203 without an active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(e) A person commits a class 6 felony and shall be punished as provided in section 18-1.3-401 if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:
(I) Professional engineering, as regulated pursuant to article 120 of this title 12;
(II) Architecture, as regulated pursuant to article 120 of this title 12;
(III) Audiology, as regulated pursuant to article 210 of this title 12;
(IV) Dentistry, as regulated pursuant to article 220 of this title 12;
(V) Direct-entry midwifery, as regulated pursuant to article 225 of this title 12;
(VI) Medicine, practice as a physician assistant, or practice as an anesthesiologist assistant, as regulated pursuant to article 240 of this title 12;
(VII) Professional nursing or practice as a certified midwife, as regulated pursuant to article 255 of this title 12;
(VIII) Nursing home administration, as regulated pursuant to article 265 of this title 12;
(IX) Optometry, as regulated pursuant to article 275 of this title 12;
(X) Pharmacy or as a pharmacy technician, as regulated pursuant to article 280 of this title 12; or
(XI) Respiratory therapy, as regulated pursuant to article 300 of this title 12.
(2) The penalties for:
(a) Engaging in unauthorized activities regarding mortuaries and crematories are governed by section 12-135-108;
(b) Violating article 140 of this title 12 concerning nontransplant tissue banks are governed by section 12-140-108;
(c) Engaging in unauthorized activities regarding passenger tramways are governed by section 12-150-108 (4);
(d) Engaging in unauthorized activities regarding nurse aide practice are governed by section 12-255-215; and
(e) Providing, or offering or attempting to provide, outfitting services without an active registration issued under article 145 of this title 12 are governed by section 33-6-113.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 753, � 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, � 16, effective October 1. L. 2020: (2)(d) amended, (HB 20-1183), ch. 157, p. 696, � 36, effective July 1; (1)(a)(V)(N) amended, (HB 20-1206), ch. 304, p. 1544, � 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 21-1195), ch. 398, p. 2645, � 4, effective September 7; IP(1)(a) and IP(1)(b) amended, (SB 21-271), ch. 462, p. 3154, � 140, effective March 1, 2022. L. 2022: (1)(e) added, (HB 22-1257), ch. 69, p. 351, � 1, effective April 7; (1)(a)(V)(W) amended, (HB 22-1235), ch. 442, p. 3101, � 4, effective August 10; (1)(b)(I) repealed, (SB 22-212), ch. 421, p. 2968, � 22, effective August 10; (1)(a)(V)(J) amended, (SB 22-219), ch. 381, p. 2723, � 29, effective January 1, 2023. L. 2023: (1)(a)(V)(O), IP(1)(e), and (1)(e)(VII) amended, (SB 23-167), ch. 261, p. 1531, � 24, effective May 25; (1)(a)(V)(V) and (1)(a)(V)(W) amended and (1)(a)(V)(X) added, (SB 23-290), ch. 249, p. 1388, � 17, effective July 1. L. 2024: IP(1)(e) amended, (HB 24-1450), ch. 490, p. 3407, � 18, effective August 7; (1)(a)(IV) amended, (HB 24-1344), ch. 343, p. 2330, � 27, effective July 1, 2025. Initiated 2024: (1)(a)(V)(W) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. L. 2025: (1)(a)(III) repealed, (2)(c) and (2)(d) amended, and (2)(e) added, (SB 25-174), ch. 310, p. 1615, � 8, effective August 6.
Editor's note: (1) Subsection (1)(a) is similar to former � 12-23-119 (2); subsection (1)(b) is similar to former � 12-58.5-104 (2); subsection (1)(c) is similar to former � 12-37.3-113; and subsection (1)(d) is similar to former � 12-41-216, as those sections existed prior to 2019.
(2) Subsection (1)(a)(V)(W) was changed by Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.