Title 12, Professions and Occupations
0 chapters · 1,262 sections in this title.
Colo. Rev. Stat. § 12-240-101 Short title
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The short title of this article 240 is the Colorado Medical Practice Act. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1170, � 1, effective October 1. Editor's note: This section is similar to former � 12-36-101 as it existed prior to 2019.
Colo. Rev. Stat. § 12-240-102 Legislative declaration
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The general assembly declares it to be in the interests of public health, safety, and welfare to enact laws regulating and controlling the practice of the healing arts to the end that the people shall be properly protected against unauthorized, unqualified, and improper practice …
Colo. Rev. Stat. § 12-240-103 Applicability of common provisions
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Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 240. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1170, � 1, effective October 1.
Colo. Rev. Stat. § 12-240-104 Definitions
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As used in this article 240, unless the context otherwise requires: (1) (a) Approved fellowship means a program that meets the following criteria: (I) Is specialized, clearly defined, and delineated; (II) Follows the completion of an approved residency; (III) Provides additional …
Colo. Rev. Stat. § 12-240-105 Colorado medical board - immunity - subject to review - repeal of article
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(1) (a) There is created the Colorado medical board, referred to in this article 240 as the “board”. The board is a type 1 entity, as defined in section 24-1-105. The board consists of seventeen members appointed by the governor and possessing the qualifications specified in this…
Colo. Rev. Stat. § 12-240-106 Powers and duties of board - limitation on authority - rules
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(1) In addition to all other powers and duties conferred and imposed upon the board by this article 240, the board has the following powers and duties to: (a) Promulgate rules pursuant to section 12-20-204 that are fair, impartial, and nondiscriminatory; (b) Make investigations, …
Colo. Rev. Stat. § 12-240-107 Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules
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(1) As used in this article 240, “practice of medicine” means: (a) Holding out one’s self to the public within this state as being able to diagnose, treat, prescribe for, palliate, or prevent any human disease; ailment; pain; injury; deformity; physical condition; or behavioral, …
Colo. Rev. Stat. § 12-240-108 Collaboration with advanced practice registered nurses and certified midwives with prescriptive authority - mentorships
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(1) (a) A physician licensed pursuant to this article 240 may, and is encouraged to, serve as a mentor to an advanced practice registered nurse or a certified midwife who is applying for prescriptive authority pursuant to section 12-255-112 (4). A physician who serves as a mentor…
Colo. Rev. Stat. § 12-240-109 Child health associates - scope of practice
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On and after July 1, 1990, any person who, on June 30, 1990, was certified only as a child health associate under the laws of this state shall, upon application to the board, be granted licensure as a physician assistant. The practice of the person shall be subject to sections 12…
Colo. Rev. Stat. § 12-240-110 Qualifications for licensure
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(1) Subject to the other conditions and provisions of this article 240, the board shall grant a license to practice medicine to an applicant only upon the basis of: (a) The passing by the applicant of an examination approved by the board; (b) The applicant's passage of examinatio…
Colo. Rev. Stat. § 12-240-111 Distinguished foreign teaching physician license - qualifications - rules
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(1) Notwithstanding any other provision of this article 240, an applicant of noteworthy and recognized professional attainment who is a graduate of a foreign medical school and who is licensed in a foreign jurisdiction, if that jurisdiction has a licensing procedure, may be grant…
Colo. Rev. Stat. § 12-240-112 Anesthesiologist assistant license - qualifications
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(1) To be licensed as an anesthesiologist assistant under this article 240, an applicant must be at least twenty-one years of age and must have: (a) Successfully completed an education program for anesthesiologist assistants that conforms to standards delineated by the Commission…
Colo. Rev. Stat. § 12-240-113 Physician assistant license - qualifications
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(1) To be licensed as a physician assistant under this article 240, an applicant shall be at least twenty-one years of age and shall have: (a) Successfully completed an education program for physician assistants that conforms to standards approved by the board, which standards ma…
Colo. Rev. Stat. § 12-240-114 International medical graduates - degree equivalence
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(1) For international medical graduates, the board shall require one year of postgraduate clinical training approved by the board. An applicant whose international medical school is not an approved medical college is eligible for licensure at the discretion of the board if the ap…
Colo. Rev. Stat. § 12-240-114.5 Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Collaboration” means, as indicated by the patient’s condition, community standards of care, and a physician assistant’s education, training, and experience: (I) Consultation between the physician assistant a…
Colo. Rev. Stat. § 12-240-115 Applications for license
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(1) Every person desiring a license to practice medicine shall make application to the board, the application to be verified by oath and to be in the form prescribed by the board. The application shall be accompanied by the license fee and the documents, affidavits, and certifica…
Colo. Rev. Stat. § 12-240-116 Licensing panel
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(1) (a) The president of the board shall establish a licensing panel consisting of four members of the board as follows: (I) One member who is a licensed physician having the degree of doctor of medicine; (II) One member who is a licensed physician having the degree of doctor of …
Colo. Rev. Stat. § 12-240-117 Issuance of licenses - prior practice prohibited
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(1) If the board determines that an applicant possesses the qualifications required by this article 240, the board shall issue to the applicant a license to practice medicine. (2) Prior to the approval of a license, the applicant shall not engage in the practice of medicine in th…
Colo. Rev. Stat. § 12-240-118 Pro bono license - qualifications - reduced fee - rules
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(1) Notwithstanding any other provision of this article 240, the board may issue a pro bono license to a physician to practice medicine in this state if the physician: (a) (I) Holds an active and unrestricted license to practice medicine in Colorado and is in active practice in t…
Colo. Rev. Stat. § 12-240-119 Reentry license - period of inactivity - international medical graduate - competency assessment - board rules - conversion to full license
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(1) (a) Notwithstanding any other provision of this article 240, the board may issue a reentry license to: (I) A physician, a physician assistant, or an anesthesiologist assistant who has not actively practiced medicine, practiced as a physician assistant, or practiced as an anes…
Colo. Rev. Stat. § 12-240-120 Refusal of license - issuance subject to probation
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(1) The board may refrain from issuing a license or may grant a license subject to terms of probation if the board determines that an applicant for a license: (a) Does not possess the qualifications required by this article 240; (b) Has engaged in unprofessional conduct, as defin…
Colo. Rev. Stat. § 12-240-121 Unprofessional conduct - definitions
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(1) Unprofessional conduct as used in this article 240 means: (a) Resorting to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a license to practice medicine or a license to practice as a physician assistant or an anesthesio…
Colo. Rev. Stat. § 12-240-122 Prescriptions - requirement to advise patients
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(1) A physician or physician assistant licensed under this article 240 may advise the physician's or the physician assistant's patients of their option to have the symptom or purpose for which a prescription is being issued included on the prescription order. (2) A physician's or…
Colo. Rev. Stat. § 12-240-123 Prescriptions - limitations
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A physician or physician assistant is subject to the limitations on prescriptions specified in section 12-30-109. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1195, � 1, effective October 1. L. 2021: Entire section amended, (HB 21-1276), ch. 364,…
Colo. Rev. Stat. § 12-240-124 Prescribing opioid antagonists
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A physician or physician assistant licensed pursuant to this article 240 may prescribe or dispense an opioid antagonist in accordance with section 12-30-110. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1195, � 1, effective October 1. L. 2024: En…
Colo. Rev. Stat. § 12-240-125 Disciplinary action by board - rules
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(1) (a) The president of the board shall divide those members of the board other than the president into two panels of six members each, four of whom shall be physician members. (b) Each panel shall act as both an inquiry and a hearings panel. Members of the board may be assigned…
Colo. Rev. Stat. § 12-240-126 Confidential agreements to limit practice
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Section 12-30-108 concerning confidential agreements to limit practice applies to this article 240. An agreement entered into pursuant to section 12-30-108 shall be considered an administrative action by the board. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172)…
Colo. Rev. Stat. § 12-240-127 Appeal of final board actions
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When the board refuses to grant a license, imposes disciplinary action pursuant to section 12-240-125, or places a licensee on probation, the action may be reviewed pursuant to section 12-20-408, unless the licensee has accepted a license subject to terms of probation as set fort…
Colo. Rev. Stat. § 12-240-128 Physician training licenses
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(1) Any person serving an approved internship, residency, or fellowship, as defined by this article 240, in a hospital in this state may do so for an aggregate period of up to six years under the authority of a physician training license issued pursuant to this section and withou…
Colo. Rev. Stat. § 12-240-129 Intern, resident, or fellow reporting
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(1) Notwithstanding any provision of section 12-240-125 (9) to the contrary, the board shall inform the licensed physicians responsible for the supervision of an intern, resident, or fellow of any complaint received in writing relating to the intern, resident, or fellow. The boar…
Colo. Rev. Stat. § 12-240-130 Renewal, reinstatement, reactivation - delinquency - fees - questionnaire
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(1) All licenses issued pursuant to this article 240 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). The director shall increase renewal fees consistent with section 12-30-105 (4) to cover the divis…
Colo. Rev. Stat. § 12-240-130.5 Continuing medical education - requirement - compliance - legislative declaration - rules - definitions
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(1) (a) The general assembly finds and declares that: (I) Medical knowledge, methods of diagnosis, and treatment options have expanded exponentially since the beginning of the twenty-first century, with exciting research and discoveries, including the development of new medicatio…
Colo. Rev. Stat. § 12-240-131 Peer health assistance program
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(1) (a) (I) As a condition of physician, physician assistant, and anesthesiologist assistant licensure and renewal in this state, every applicant shall pay, pursuant to subsection (1)(d) of this section, an amount set by the board, not to exceed sixty-one dollars per year, which …
Colo. Rev. Stat. § 12-240-132 Division of fees - independent advertising or marketing agent - definition
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(1) (a) If any person holding a license issued by the board divides any fee or compensation received or charged for services rendered by him or her as a licensee or agrees to divide any fee or compensation with any person, firm, association, or corporation as pay or compensation …
Colo. Rev. Stat. § 12-240-133 Recovery of fees illegally paid
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If any licensee, in violation of section 12-240-132, divides or agrees to divide any fee or compensation received by the licensee for services rendered in his or her professional capacity with any person whomsoever, the person who has paid the fee or compensation to the licensee …
Colo. Rev. Stat. § 12-240-134 Liability of persons other than licensee
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If any person, firm, association, or corporation receives, either directly or indirectly, any pay or compensation given or paid in violation of section 12-240-132, the person, firm, association, or corporation, and the officers and directors thereof, commits a class 2 misdemeanor…
Colo. Rev. Stat. § 12-240-135 Unauthorized practice - penalties - injunctive relief
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(1) Any person who practices or offers or attempts to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant within this state without an active license issued under this article 240 is subject to penalties pursuant to section 12-20-407…
Colo. Rev. Stat. § 12-240-136 Existing licenses
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(1) Nothing in this article 240 shall be construed to invalidate or affect the license of any person holding a valid, unrevoked, and unsuspended license to practice medicine in this state on July 1, 1951, except as otherwise provided by this article 240. (2) Nothing in this artic…
Colo. Rev. Stat. § 12-240-137 Postmortem examinations by licensee - definition - application of this section
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(1) As used in this section, “person” shall include any individual, partnership, corporation, body politic, or association. (2) Consent for a licensee to conduct a postmortem examination of the body of a deceased person shall be deemed sufficient when given by whichever one of th…
Colo. Rev. Stat. § 12-240-138 Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of medicine - definitions
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(1) Persons licensed to practice medicine by the board may form professional service corporations for such persons’ practice of medicine under the “Colorado Business Corporation Act”, articles 101 to 117 of title 7, if the corporations are organized and operated in accordance wit…
Colo. Rev. Stat. § 12-240-139 Injuries to be reported - exemptions - penalty for failure to report - immunity from liability - definitions
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(1) (a) (I) Every licensee who attends or treats any of the following injuries shall report the injury at once to the police of the city, town, or city and county or the sheriff of the county in which the licensee is located: (A) A bullet wound, a gunshot wound, a powder burn, or…
Colo. Rev. Stat. § 12-240-140 Determination of death
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(1) An individual is dead if: (a) The individual has sustained irreversible cessation of circulatory and respiratory functions; or (b) The individual has sustained irreversible cessation of all functions of the entire brain, including the brain stem. (2) A determination of death …
Colo. Rev. Stat. § 12-240-141 Inactive license
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(1) Any licensee pursuant to section 12-240-117 may apply to the board to be transferred to an inactive status. The application shall be in the form and manner designated by the board. The board may grant inactive status by issuing an inactive license or it may deny the applicati…
Colo. Rev. Stat. § 12-240-142 Protection of medical records - licensee’s obligations - verification of compliance - noncompliance grounds for discipline - rules
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(1) Each licensed physician and physician assistant shall develop a written plan to ensure the security of patient medical records. The plan shall address at least the following: (a) The storage and proper disposal, if appropriate, of patient medical records; (b) The disposition …
Colo. Rev. Stat. § 12-240-143 Medical marijuana recommendations - guidelines
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The board, in consultation with the department of public health and environment and physicians specializing in medical marijuana, shall establish guidelines for physicians making medical marijuana recommendations. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172),…
Colo. Rev. Stat. § 12-240-144 Licensee duties relating to assistance animals - definitions
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(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 …
Colo. Rev. Stat. § 12-240-145 Prescription medications - financial benefit for prescribing prohibited
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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 inclu…
Colo. Rev. Stat. § 12-240-146 Interstate compact - powers and duties of the board - rules - definitions
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(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 arti…
Colo. Rev. Stat. § 12-240-147 Delegation of medical-aesthetic services to unlicensed individuals - required disclosures - applicability
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(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…