(1) A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:
(a) Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or
(b) Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.
(2) This section does not:
(a) Change any laws or procedures related to a service animal under Title II and Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended;
(b) Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or
(c) Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.
(3) A licensee shall not make a determination related to subsection (1) of this section unless the licensee:
(a) Has met with the patient in person or by telemedicine;
(b) Is sufficiently familiar with the patient and the disability; and
(c) Is legally and professionally qualified to make the determination.
(4) For purposes of this section:
(a) Assistance animal means an animal that qualifies as a reasonable accommodation under the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec. 794, as amended.
(b) Disability has the same meaning as set forth in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.
(c) Service animal has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1220, � 1, effective October 1.
Editor's note: This section is similar to former � 12-36-142 as it existed prior to 2019.
12-240-145. Prescription medications - financial benefit for prescribing prohibited. A physician or physician assistant shall not accept any direct or indirect benefit from a pharmaceutical manufacturer or pharmaceutical representative for prescribing a specific medication to a patient. For the purposes of this section, a direct or indirect benefit does not include a benefit offered to a physician or physician assistant regardless of whether the specific medication is being prescribed.
Source: L. 2019: Entire section added, (SB 19-228), ch. 276, p. 2610, � 15, effective October 1.
Editor's note: This section is similar to � 12-36-117.8 as added in SB 19-228. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from May 23, 2019, to October 1, 2019, see SB 19-228, chapter 276, Session Laws of Colorado 2019.
12-240-146. Interstate compact - powers and duties of the board - rules - definitions. (1) As used in this section:
(a) Adverse action has the meaning set forth in section 24-60-4702.
(b) Commission means the PA licensure compact commission created in section 24-60-4702.
(c) Compact means the physician assistant licensure compact authorized in part 47 of article 60 of title 24.
(d) Compact privilege has the meaning set forth in section 24-60-4702.
(e) Data system has the meaning set forth in section 24-60-4702.
(f) Investigative information has the meaning set forth in section 24-60-4702.
(g) Licensee has the meaning set forth in section 24-60-4702.
(h) Licensing board has the meaning set forth in section 24-60-4702.
(i) Medical services has the meaning set forth in section 24-60-4702.
(j) Participating state means a state that has enacted the compact.
(k) Significant investigative information has the meaning set forth in section 24-60-4702.
(2) In addition to any powers and duties specified in the compact for participating states, the board has the following powers and duties with regard to the compact:
(a) To facilitate Colorado's participation in the compact;
(b) To comply with the rules of the commission;
(c) To promulgate rules in accordance with article 4 of title 24 as necessary for the implementation, administration, and enforcement of the compact;
(d) To appoint a person to serve as a delegate on and attend meetings of the commission in accordance with the terms of the compact;
(e) To notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee;
(f) To require a licensee to submit to a fingerprint-based criminal history record check in accordance with the following:
(I) The applicant must pay the costs associated with the fingerprint-based criminal history record check;
(II) After submitting an application for a compact privilege, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.
(III) If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days.
(IV) The Colorado bureau of investigation shall use the applicant's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, applicant, board, and entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.
(V) The Colorado bureau of investigation shall return the results of its criminal history record check to the board, and the board is authorized to receive the results of the federal bureau of investigation's criminal history record check. The board shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified for a compact privilege.
(VI) The results of the record check are confidential. The board shall not release the results of the record check to the public, the commission, a participating state, or other state licensing boards.
(g) To grant a compact privilege to a licensee of a participating state in accordance with the terms of the compact and to charge a fee to individuals applying for the compact privilege;
(h) To participate fully in the data system consistent with the compact requirements and the rules of the commission; and
(i) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
(3) A physician assistant providing medical services to a patient in Colorado pursuant to the compact is subject to the requirements of sections 12-240-107 (6) and 12-240-114.5 and, if the physician assistant is practicing podiatry, section 12-290-117.
Source: L. 2024: Entire section added, (SB 24-018), ch. 194, p. 1187, � 2, effective August 7.
12-240-147. Delegation of medical-aesthetic services to unlicensed individuals - required disclosures - applicability. (1) An individual licensed to practice medicine under this article 240 who delegates medical-aesthetic services to an individual who is not a licensed health-care provider shall:
(a) Post or cause to be posted a notice in a highly visible manner at the physical location where the delegated services occur, which notice indicates:
(I) The name of the licensee;
(II) The licensee's Colorado physician license number;
(III) Contact information for the licensee; and
(IV) An online address where a patient may file a complaint with the board;
(b) Post or cause to be posted on the public website and on all advertising materials of the unlicensed individual a notice that:
(I) States that medical-aesthetic services are delegated; and
(II) Indicates the name and Colorado physician license number of the licensee;
(c) Provide an informed consent form to each patient, which form:
(I) States that the patient is receiving medical-aesthetic services delegated to an unlicensed individual from a licensed individual;
(II) Includes the information included in the notice described in subsection (1)(a) of this section; and
(III) Must be signed by the patient; and
(d) Retain each consent form described in subsection (1)(c) of this section for at least seven years.
(2) This section does not apply to a facility that is regulated under title 25.
Source: L. 2025: Entire section added, (HB 25-1024), ch. 59, p. 247, � 2, effective August 6.
Editor's note: Section 8(2) of chapter 59 (HB 25-1024), Session Laws of Colorado 2025, provides that the act adding this section applies to conduct occurring on or after August 6, 2025.