(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.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1023, � 1, effective October 1.
Editor's note: This section is similar to former � 12-29.5-102.5 as it existed prior to 2019.
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.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1023, � 1, effective October 1. L. 2022: (1)(h) amended, (HB 22-1263), ch. 254, p. 1851, � 7, effective September 1.
Editor's note: This section is similar to former � 12-29.5-103 as it existed prior to 2019.
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.
Source: L. 2022: Entire section added, (HB 22-1263), ch. 254, p. 1851, � 8, effective September 1.
12-200-106. Requirement for licensure with the division - annual fee - required disclosures. (1) Every acupuncturist shall apply for licensure with the division by providing an application to the director in the form the director shall require. The application shall include the information specified in section 12-200-105 (1)(a) and (1)(d) to (1)(g) and shall include the disclosure of any act that would be grounds for disciplinary action against a licensed acupuncturist under this article 200.
(2) Any changes in the information required by subsection (1) of this section shall be reported within thirty days of the change to the division in the manner prescribed by the director.
(3) In order to qualify for licensure, an acupuncturist shall have:
(a) (I) Successfully completed an education program for acupuncturists that conforms to standards approved by the director, which standards may be established by utilizing the assistance of any professional organization whose membership includes not less than one-third of the persons licensed pursuant to this article 200; or
(II) Qualifications based on education, experience, or training that are substantially similar to those provided by this subsection (3)(a), which are documented in the form required by the director and accepted by the director in lieu of the education program; and
(b) Passed an examination approved by the director.
(4) Every applicant for licensure shall pay license, renewal, and reinstatement fees to be established by the director as authorized by section 12-20-105. Licenses issued pursuant to this article 200 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 200 or section 12-20-202 (1).
(5) Every acupuncturist shall report to the director every judgment or administrative action, as well as the terms of any settlement or other disposition of any judgment or action, against the acupuncturist involving malpractice or improper practice of acupuncture, whether occurring in Colorado or in any other jurisdiction. The acupuncturist shall make the report either within thirty days after the judgment or action or upon application for licensure or reinstatement, whichever occurs earlier.
(6) As a condition of licensure, every acupuncturist shall purchase and maintain commercial professional liability insurance with an insurance company authorized to do business in this state in a minimum indemnity amount of:
(a) Fifty thousand dollars per incident and fifty thousand dollars per year, if practicing as a sole proprietor or general partnership;
(b) Three hundred thousand dollars per incident and three hundred thousand dollars per year, if practicing as a limited liability company or a corporation.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1024, � 1, effective October 1. L. 2022: (3) amended, (HB 22-1263), ch. 254, p. 1851, � 9, effective September 1.
Editor's note: This section is similar to former � 12-29.5-104 as it existed prior to 2019.