(1) A licensed veterinarian who, during the course of attending or treating an animal, has reasonable cause to know or suspect that the animal has been subjected to cruelty in violation of section 18-9-202, or subjected to animal fighting in violation of section 18-9-204, shall report or cause a report to be made of the animal cruelty or animal fighting to a local law enforcement agency or the bureau of animal protection.
(2) A licensed veterinarian shall not knowingly make a false report of animal cruelty or animal fighting to a local law enforcement agency or to the bureau of animal protection.
(3) A licensed veterinarian who willfully violates the provisions of subsection (1) or (2) of this section commits a petty offense, punishable as provided in section 18-1.3-503.
(4) A licensed veterinarian who in good faith reports a suspected incident of animal cruelty or animal fighting to the proper authorities in accordance with subsection (1) of this section shall be immune from liability in any civil or criminal action brought against the veterinarian for reporting the incident. In any civil or criminal proceeding in which the liability of a veterinarian for reporting an incident described in subsection (1) of this section is at issue, the good faith of the veterinarian shall be presumed.
(5) The veterinary-patient-client privilege described in section 24-72-204 (3)(a)(XIV) may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1635, � 1, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3157, � 153, effective March 1, 2022.
Editor's note: This section is similar to former � 12-64-121 as it existed prior to 2019.
12-315-121. Corporate structure for the practice of veterinary medicine - definitions. (1) A licensed veterinarian shall not practice veterinary medicine in or through a corporation except in accordance with this section.
(2) One or more persons may form or own shares in a corporation for the practice of veterinary medicine if the corporation is organized and operated in accordance with this section. A corporation formed pursuant to this section may exercise the powers and privileges conferred upon corporations by the laws of Colorado.
(3) [Editor's note: This version of subsection (3) is effective until January 1, 2026.] The practice of veterinary medicine by a corporation pursuant to this section must be performed by or under the supervision of a licensed veterinarian. Lay directors, officers, and shareholders of the corporation shall not exercise any authority whatsoever over the independent medical judgment of licensed veterinarians performing or supervising the practice of veterinary medicine by or on behalf of the corporation.
(3) [Editor's note: This version of subsection (3) is effective January 1, 2026.]
(a) (I) The practice of veterinary medicine by a corporation pursuant to this section must be performed by or under the supervision of a licensed veterinarian.
(II) Lay directors, officers, and shareholders of the corporation shall not exercise any authority whatsoever over the independent medical judgment of licensed veterinarians performing or supervising the practice of veterinary medicine by or on behalf of the corporation.
(b) A corporation, employer, director, or officer shall not require a licensed veterinarian to enter into a supervisory agreement or to supervise a veterinary professional associate as a condition of the veterinarian's continued employment.
(4) The corporation shall not engage in any act or omission that, if engaged in by a licensed veterinarian employed by the corporation, would violate section 12-315-112 (1). A violation of section 12-315-112 (1) is grounds for the board to discipline a licensee pursuant to section 12-315-112.
(5) Nothing in this section diminishes or changes the obligation of each licensed veterinarian employed by the corporation to conduct the licensee's practice so as not to violate section 12-315-112 (1). A licensed veterinarian who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-315-112 (1) or any provision of this section is personally responsible for the act or omission and is subject to discipline for the act or omission.
(6) Nothing in this section modifies the veterinarian-patient-client privilege specified in section 24-72-204 (3)(a)(XIV).
(7) As used in this section, unless the context otherwise requires:
(a) Corporation means a domestic entity, as defined in section 7-90-102 (13), a foreign entity, as defined in section 7-90-102 (23), registered to do business in Colorado, or a sole proprietorship.
(b) Director and officer of a corporation includes a member and a manager of a limited liability company and a partner in a registered limited liability partnership.
(c) Shareholder includes a member of a limited liability company and a partner in a registered limited liability partnership.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1636, � 1, effective October 1. L. 2025: (3) amended, (HB 25-1285), ch. 305, p. 1597, � 8, effective January 1, 2026.
Editor's note: This section is similar to former � 12-64-122 as it existed prior to 2019.
Cross references: For the legislative declaration in HB 25-1285, see section 1 of chapter 305, Session Laws of Colorado 2025.
12-315-122. Veterinary premises - licensed veterinarian responsible for veterinary medical decisions. (1) At all times when a patient is present on a veterinary premises, a licensed veterinarian must be designated as responsible for the veterinary medical decisions and care provided to the patient.
(2) At all times when a patient is present on a veterinary premises, a licensed veterinarian must be designated as responsible for the premises. The board may fine a corporation organized and operated in accordance with section 12-315-121 that owns or operates a veterinary premises up to one thousand dollars per day for each day the corporation fails to have a licensed veterinarian designated as responsible for the veterinary premises.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1637, � 1, effective October 1.
Editor's note: This section is similar to former � 12-64-123 as it existed prior to 2019.
12-315-123. Veterinary peer health assistance program - fees - administration - rules. (1) Veterinary peer health assistance program (a) There is created the veterinary peer health assistance program to provide assistance to veterinary professionals needing help in dealing with physical, emotional, or psychological conditions that may be detrimental to their ability to practice under this article 315. The board shall select one or more veterinary peer health assistance program designated providers. To be eligible for designation by the board, a provider must:
(I) Provide for the education of veterinary professionals with respect to the recognition and prevention of physical, emotional, and psychological conditions and provide for intervention when necessary or under circumstances established by the board by rule;
(II) Offer assistance to a veterinary professional in identifying physical, emotional, or psychological conditions;
(III) Evaluate the extent of the physical, emotional, or psychological condition and refer the veterinary professional for appropriate treatment;
(IV) Monitor the status of a veterinary professional referred for treatment;
(V) Provide counseling and support for the veterinary professional and for the family of any veterinary professional referred for treatment;
(VI) Agree to receive referrals from the board; and
(VII) Agree to make its services available to all regulated veterinary professionals in Colorado.
(b) Upon receipt of a signed complaint by a complainant, the board may require a veterinary professional to participate in the veterinary peer health assistance program and to enter into a stipulation with the board pursuant to section 12-20-405 (3) before participating in the program. The agreement must contain specific requirements and goals to be met by the participant, including the conditions under which the program will be successfully completed or terminated, and a provision that a failure to comply with the requirements and goals is to be promptly reported to the board and that failure will result in disciplinary action by the board.
(c) Notwithstanding sections 12-315-112, 12-315-207, and 24-4-104, the board may immediately suspend the license or registration of any veterinary professional who is referred to the veterinary peer health assistance program. If the veterinary professional objects to the suspension, the veterinary professional may submit a written request to the board for a formal hearing on the suspension within ten days after receiving notice of the suspension, and the board shall grant the request. In the hearing, the veterinary professional bears the burden of proving that the veterinary professional's license or registration should not be suspended.
(d) Any veterinary professional who is accepted into the veterinary peer health assistance program in lieu of disciplinary action by the board shall affirm that, to the best of the veterinary professional's knowledge, information, and belief, the veterinary professional knows of no instance in which the veterinary professional has violated this article 315 or the rules of the board, except in those instances affected by the veterinary professional's physical, emotional, or psychological condition.
(e) A veterinary professional who is arrested for a drug- or alcohol-related offense shall self-refer to the veterinary peer health assistance program within thirty days after the arrest for an evaluation and referral to appropriate treatment, if necessary. If the veterinary professional self-refers, the evaluation by the veterinary peer health assistance program is confidential and cannot be used as evidence in any proceeding other than a proceeding before the board. A veterinary professional's failure to comply with this subsection (1)(e), alone, is not grounds for discipline under section 12-315-112 or 12-315-207, unless the veterinary professional has also committed an act or omission specified in this article 315.
(f) As a condition of licensure or registration and renewal of a license or registration in this state, every veterinary professional applying for a new license or registration or to renew a license or registration shall pay to the board, for use by the administering entity selected by the board pursuant to subsection (2) of this section, a fee in an amount not to exceed forty dollars per year, which maximum amount may be adjusted on January 1, 2012, and annually thereafter by the board to reflect changes in the United States bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all urban consumers or goods, or its successor index. The board shall forward the fee to the chosen administering entity for use in supporting veterinary professionals through the veterinary peer health assistance program.
(2) Administering entity. (a) The board may select an entity to administer the veterinary peer health assistance program. The administering entity must be a nonprofit private foundation that is qualified under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, and that is dedicated to providing support for charitable, benevolent, educational, and scientific purposes that are related to veterinary medicine, veterinary medical education, veterinary medical research and science, and other veterinary medical charitable purposes.
(b) The administering entity shall:
(I) Distribute the money collected by the board, less expenses, to the designated providers, as directed by the board;
(II) Provide an annual accounting to the board of all amounts collected, expenses incurred, and amounts disbursed; and
(III) Post a surety performance bond in an amount specified by the board to secure performance under the requirements of this section. The administering entity may recover the actual administrative costs incurred in performing its duties under this section in an amount not to exceed ten percent of the total amount collected.
(c) The board shall collect the required annual payments payable to the administering entity for the benefit of the administering entity and shall transfer all the payments to the administering entity. All required annual payments collected or due to the board for each state fiscal year are custodial funds that are not subject to appropriation by the general assembly, and the distribution of payments to the administering entity or expenditure of the payments by the administering entity does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution.
(3) Liability limitations. Nothing in this section creates any liability on the board or the state of Colorado for the actions of the board in making grants to the veterinary peer health assistance program, and a civil action shall not be brought or maintained against the board or the state for an injury alleged to have been the result of the activities of any state-funded veterinary peer health assistance program or the result of an act or omission of a veterinary professional participating in or referred by a state-funded veterinary peer health assistance program. However, the state remains liable under the Colorado Governmental Immunity Act, article 10 of title 24, if an injury alleged to have been the result of an act or omission of a veterinary professional participating in or referred to a state-funded veterinary peer health assistance program occurred while the veterinary professional was performing duties as an employee of the state.
(4) Rules. The board may promulgate rules necessary to implement this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1637, � 1, effective October 1. L. 2022: Entire section R&RE, (HB 22-1235), ch. 442, p. 3107, � 19, effective August 10.
Editor's note: This section is similar to former � 12-64-124 as it existed prior to 2019.
12-315-124. Evaluations of licensees - behavioral health - mental health - physical conditions. (1) (a) (I) If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a licensed veterinarian is unable to practice veterinary medicine with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the licensed veterinarian submit to an examination to evaluate:
(A) The existence and extent of the physical condition or the behavioral health, mental health, or substance use disorder; and
(B) Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the licensed veterinarian's ability to practice veterinary medicine with reasonable skill and safety to patients and clients.
(II) A qualified professional employed by or contracting with the veterinary peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.
(b) If a licensed veterinarian fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the licensed veterinarian's license to practice veterinary medicine until the licensed veterinarian submits to the examination; however, if the licensed veterinarian demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the licensed veterinarian's control, the board shall not suspend the licensed veterinarian's license.
(2) Every person licensed to practice veterinary medicine in this state is deemed, by practicing or applying for a renewal of the person's license, to have:
(a) Given consent to submit to an examination that the board may require under subsection (1) of this section; and
(b) Waived an objection to the admissibility of the examining professional's testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.
(3) (a) A person shall not use the results of an examination ordered under subsection (1) of this section as evidence in any proceeding other than a proceeding before the board.
(b) Except as provided in subsection (3)(a) of this section, any examination results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential. They are not public records and are not available to the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1639, � 1, effective October 1. L. 2022: (1)(a) amended, (HB 22-1235), ch. 442, p. 3110, � 20, effective August 10.
Editor's note: This section is similar to former � 12-64-125 as it existed prior to 2019.