Title 12, Professions and Occupations

(1) A licensee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the licensee: (a) Divides any fee or compensation received or charged for services rendered by the person as a licensee or agrees to divide the fee or compensation with any per…

(1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 290. (2) This section and section 12-30-108 do not apply to a licensee subject to discipline under section 12-290-108 (3)(c). …

(1) The board may permit a podiatrist to perform bone marrow aspirations from the tibia distal to the tibial tubercle if the podiatrist: (a) Has successfully completed a podiatric surgery residency with the reconstruction rearfoot/ankle surgery certification; and (b) Is in good s…

(1) Each licensed podiatrist shall develop a written plan to ensure the security of patient medical records. The plan must address at least the following: (a) The storage and proper disposal, if appropriate, of patient medical records; (b) The disposition of patient medical recor…

(1) The general assembly hereby finds, determines, and declares that public exposure to the hazards of ionizing radiation used for diagnostic purposes should be minimized wherever possible. Accordingly, the general assembly finds, determines, and declares that for any podiatric p…

(1) (a) The board shall adopt rules prescribing minimum standards for the qualifications, education, and training of unlicensed persons operating machine sources of ionizing radiation and administering the radiation to patients for diagnostic podiatric use. Neither a podiatric ph…

It is declared to be the policy of the state of Colorado that, in order to safeguard life, health, property, and the public welfare of the people of the state of Colorado, and in order to protect the people of the state of Colorado against unauthorized, unqualified, and improper …

Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 295. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1570, § 1, effective October 1.

As used in this article 295, unless the context otherwise requires: (1) "Approved psychiatric technician education program" means a course of training conducted by a school for the training of psychiatric technicians carrying out the basic curriculum prescribed by this article 29…

(1) The licensing and regulation of psychiatric technicians shall be under the control of the board. (2) This article 295 is repealed, effective September 1, 2034. Before the repeal, the licensure and regulation functions of the board are scheduled for review in accordance with s…

(1) Every applicant for license as a psychiatric technician must submit an application in a manner approved by the board. (2) Every applicant shall accompany the application with a license fee established pursuant to section 12-20-105. (3) Every person licensed under this article…

(1) Every applicant for license by examination shall submit written evidence, verified by oath, and satisfactory to the board that the applicant: (a) Has not committed an act that would be grounds for disciplinary action against a licensee under this article 295; (b) Has complete…

(1) All applicants, unless licensed by endorsement, shall be required to pass a written examination. (2) Examinations shall be held within the state, at least once a year, at such times and places as the board shall determine. (3) The board shall issue a license to each applicant…

The board may issue a license to an applicant who satisfies the requirements of the occupational credential portability program. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1572, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-…

(1) (a) Any institution within the state of Colorado desiring to conduct an approved preservice psychiatric technician education program may apply to the board and submit evidence that it is prepared to carry out a psychiatric technician curriculum that contains theoretical conte…

(1) A license issued pursuant to this article 295 is 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 295 o…

(1) "Grounds for discipline", as used in this article 295, means any action by any person who: (a) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (b) (I) Has been convicted of a felony or …

(1) The board is empowered to determine summarily whether an applicant for a license to practice as a psychiatric technician possesses the qualifications required by this article 295 or whether there is probable cause to believe that an applicant has done any of the acts set fort…

Disciplinary proceedings under this article 295 shall be conducted pursuant to section 12-255-119. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1576, § 1, effective October 1.

(1) If a professional review committee is established pursuant to section 12-255-108 to investigate the quality of care being given by a person licensed pursuant to this article 295, it shall include in its membership at least three persons licensed in the same category as the li…

(1) Prior to the initiation of an investigation or hearing, any licensee may surrender his or her license to practice as a psychiatric technician. (2) Following the initiation of an investigation or hearing and upon a finding that to do so would be in the public interest, the boa…

Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1576, § 1, effective October 1.

(1) This article 295 does not affect or apply to the gratuitous care of a person with a behavioral or mental health disorder by friends or members of the family or to any person taking care of a person with a behavioral or mental health disorder for hire who does not represent hi…

(1) The practice as a psychiatric technician by any person who has not been issued a license under the provisions of this article 295, or whose license has been suspended or revoked, or has expired, is hereby declared to be inimical to the general public welfare and to constitute…

(1) Nothing in this article 295 shall be construed: (a) As conferring any authority to practice medicine or professional nursing or to undertake the treatment or care of disease, pain, injury, deformity, or physical or mental condition in violation of the law of this state; or (b…

(1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 295. (2) This section and section 12-30-108 do not apply to a psychiatric technician subject to discipline under section 12-29…

The short title of this article 300 is the "Respiratory Therapy Practice Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1578, § 1, effective October 1.

The general assembly hereby finds, determines, and declares that the practice of respiratory therapy in the state of Colorado affects the public health, safety, and welfare of its citizens and must be subject to regulation and control to protect the public from the unqualified pr…

Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 300. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1578, § 1, effective October 1.

As used in this article 300, unless the context otherwise requires: (1) "Medical director" means a licensed physician who holds such title in any inpatient or outpatient facility, department, or home care agency, and who is responsible for the quality, safety, and appropriateness…

A respiratory therapist, but no other person, may use the title "licensed respiratory therapist" or the letters "L.R.T." Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1579, § 1, effective October 1.

Nothing in this article 300 shall be construed as authorizing a respiratory therapist to perform the practice of medicine, surgery, or any other form of healing except as authorized by the provisions of this article 300. Source: L. 2019: Entire title R&RE with relocations, (HB 19…

(1) An applicant for a license to practice respiratory therapy shall submit to the director evidence that he or she is credentialed by a national respiratory therapy credentialing body, as determined by the director, as a certified or registered respiratory therapist and shall pa…

Licenses issued pursuant to this article 300 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 is subject to the penalties provided in this article 300 or section …

(1) The director may take disciplinary action against a licensee if the director finds that the person has represented himself or herself to be a licensed respiratory therapist after the expiration or suspension of his or her license. (2) The director has the power to take discip…

(1) (a) If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety to clients, the director may order the licensee to submit to a mental or physical examination administered by a physician or other licensed health-care p…

(1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 300. (2) This section and section 12-30-108 do not apply to a respiratory therapist subject to discipline for prohibited activ…

(1) This article 300 does not prohibit: (a) (I) Any practice of respiratory therapy that is an integral part of a program of study by students enrolled in an accredited respiratory therapy program. Students enrolled in respiratory therapy education programs shall be identified as…

Subject to section 12-240-107 (3)(m), nothing in this article 300 shall be construed to permit the practice of medicine as defined in section 12-240-107. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1590, § 1, effective October 1.

A person who practices or offers or attempts to practice respiratory therapy without an active license issued under this article 300 is subject to penalties pursuant to section 12-20-407 (1)(a). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1591, …

The director shall promulgate rules pursuant to section 12-20-204. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1591, § 1, effective October 1.

This article 300 is repealed, effective September 1, 2035. Before the repeal, the licensure functions of the director under this article 300 are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, …

The short title of this article 305 is the "Speech-language Pathology Practice Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1591, § 1, effective October 1.

(1) The general assembly finds, determines, and declares that: (a) Speech-language pathology services are provided for the purpose of improving the abilities of those who have congenital or acquired speech, language, cognitive, feeding, and swallowing deficits; (b) Speech-languag…

Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 305. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1592, § 1, effective October 1.

As used in this article 305, unless the context otherwise requires: (1) "Administrative unit" has the same meaning as set forth in section 22-20-103 (1). (1.3) "Certificate holder" means a speech-language pathologist certified pursuant to section 12-305-107. (1.4) "Certified" mea…