Colorado Revised Statutes 2024, Articles 1 & 20 PDF

1 Colorado Revised Statutes 2024 TITLE 12 PROFESSIONS AND OCCUPATIONS Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019, resulting in the addition, relocation, or...

1 Colorado Revised Statutes 2024 TITLE 12 PROFESSIONS AND OCCUPATIONS Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this title 12 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019- table.pdf. Cross references: For practicing a profession or operating a business without a license, see § 16-13-306; for rule-making procedures and license suspension and revocation procedures by state agencies, see article 4 of title 24; for an alternative disciplinary action for persons licensed, registered, or certified pursuant to this title 12, see § 24-34-106; for disposition of money collected under this title 12, see §§ 24-35-101 and 24-36-103. GENERAL ARTICLE 1 General Provisions 12-1-101. Short title. The short title of this title 12 is the "Professions and Occupations Act". Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. 12-1-102. Scope of article. This article 1 applies to every article in this title 12 except to the extent otherwise specified in another article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. 12-1-103. Definitions. As used in this title 12, unless the context otherwise requires: Colorado Revised Statutes Uncertified Printout 2 (1) "Department" means the department of regulatory agencies created in section 24-1- 122. (2) "Executive director" means the executive director of the department or the executive director's designee. (3) "Profession or occupation", "profession", or "occupation" means an activity subject to regulation by a part or article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 613, § 1, effective October 1. Colorado Revised Statutes Uncertified Printout 3 DIVISION OF PROFESSIONS AND OCCUPATIONS ARTICLE 20 Division of Professions and Occupations Editor's note: This title 12 was repealed and reenacted, with relocations, in 2019. This article 20 contains provisions from several former C.R.S. sections of this title 12 and article 34 of title 24, as they existed prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf. PART 1 GENERAL PROVISIONS 12-20-101. Scope. This article 20 applies to every article in this title 12 except articles 10 and 15 and except to the extent otherwise specified in this article 20 or another part or article of this title 12. The requirements of this article 20 are in addition to the requirements established in any other part or article of this title 12. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 729, § 1, effective October 1. 12-20-102. Definitions. As used in this title 12, unless the context otherwise requires: (1) "Applicant" means a person applying, pursuant to a part or article of this title 12, for a new license, certification, or registration or to renew, reinstate, or reactivate a license, certification, or registration that is authorized pursuant to that part or article. (2) "Board" means a board created within the division by a part or article of this title 12 that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article. (3) "Certificate" or "certification" means a credential that demonstrates that a person has the qualifications required by a part or article of this title 12 to practice the profession or occupation regulated by that part or article. (4) "Certificate holder" or "certificant" means a person that has a valid certificate. (5) "Commission" means a commission created within the division by a part or article of this title 12 that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article. (6) "Director" means the director of the division or the director's designee. (7) "Division" means the division of professions and occupations created in the department pursuant to section 12-20-103. Colorado Revised Statutes Uncertified Printout 4 (7.5) (a) "Driver's history" means a driver's history record made and maintained in accordance with section 42-2-121 (2). (b) "Driver's history" does not include a misdemeanor or felony conviction, notwithstanding that the conviction is included within the driver's history record made and maintained in accordance with section 42-2-121 (2). (8) "Law" means the federal and state constitutions, statutes, rules, and case law. (9) "License" means a grant of authority issued by the director or a board or commission pursuant to a part or article of this title 12 that authorizes a person to engage in a profession or occupation regulated by that part or article. (10) "Licensee" means a person regulated by a part or article of this title 12 that is licensed pursuant to that part or article. (10.5) "Occupational credential portability program" means the program established pursuant to section 12-20-202 (3) and rules adopted by a regulator pursuant to that section. (11) "Register" means to record the information required by a part or article of this title 12 in the form and manner determined by the regulator that regulates the practice of a profession or occupation pursuant to that part or article. "Registered" and "registration" have corresponding meanings. (12) "Registrant" means a person that is currently registered. (13) "Regulate" means to subject a person to a requirement, including a requirement to obtain a license, certification, or registration, pursuant to a part or article of this title 12 and rules adopted pursuant to that part or article of this title 12 in order to practice a profession or occupation. "Regulation" has a corresponding meaning. (14) "Regulator" means, within a particular part or article of this title 12, the director or a board or commission, as appropriate, that has regulatory authority concerning the practice of a profession or occupation regulated by that part or article. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 729, § 1, effective October 1. L. 2020: (10.5) added, (HB 20-1326), ch. 126, p. 528, § 3, effective June 25. L. 2021: (7.5) added, (SB 21-040), ch. 59, p. 239, § 1, effective September 7. Cross references: For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. 12-20-103. Division of professions and occupations - creation - duties of division and department head - office space - per diem for board or commission members - review of functions. (1) Division created. (a) There is created a division of professions and occupations in the department of regulatory agencies, the head of which is the director of professions and occupations. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105. The executive director of the department shall appoint the director in accordance with section 13 of article XII of the state constitution. Except as provided in subsection (1)(b) of this section, the director shall appoint other personnel as necessary for the efficient operation of the division. Colorado Revised Statutes Uncertified Printout 5 (b) Subject to available appropriations, the director shall give good-faith consideration to the recommendations of any type 1 board or commission relating to the employment of the primary administrator to assist the board or commission, whether the person is designated as an executive secretary, a program administrator, or another title or position. (2) Supervision and support. The division has supervision and control of the type 2 entities within the division pursuant to the "Administrative Organization Act of 1968", article 1 of title 24. For type 1 entities, the division shall provide necessary management support. (3) Approval of rules. The supervision and control of, and the management support for, boards, commissions, and programs by the department of regulatory agencies and the division also includes the approval or disapproval of rules of the boards, commissions, and director relating to the examination and licensure, certification, or registration of applicants to ensure that the rules are fair and impartial. (4) Staff. Subject to subsection (1) of this section, each board, commission, or program may employ and pay out of money appropriated to it by the general assembly only that number of employees and subordinate officers as are certified by it and approved by the executive director of the department of regulatory agencies to be necessary. All salaries to be paid to the employees and subordinate officers shall be within the appropriation made therefor by the general assembly. (5) Office space. (a) Each board, commission, and program shall be provided with suitable offices in the capitol buildings group if space is available in any of the buildings and, if not, then in a suitable office building in the city and county of Denver selected by the executive director of the department of personnel. It is lawful and proper for two or more of the boards, commissions, or programs to be assigned space in the same office room or suite, if the grouping or joint occupancy, in the opinion of the executive director of the department of regulatory agencies, will not unreasonably interfere with the efficient operation of the boards, commissions, or programs so grouped or joined. (b) Each board, commission, or program to which office space is provided shall pay into the general fund of the state, out of the money the general assembly appropriates to the division for use by the board, commission, or program, a monthly or annual charge for rental, heat, light, telephone, collection, legal, and other state services made available to the board, commission, or program. The executive director of the department of personnel, with the approval of the executive director of the department of regulatory agencies, may fix the amount of the charges, which must not be more than twenty-five percent of the money appropriated by the general assembly to the division for use by a board, commission, or program. (6) Per diem. Notwithstanding any law to the contrary, each member of a board or commission is entitled to receive a per diem allowance of fifty dollars for each day spent in attendance at board or commission meetings, hearings, or examinations and to be reimbursed for actual and necessary expenses incurred in the discharge of the member's official duties. The per diem compensation for board or commission members must not exceed that sum in any fiscal year that the state personnel board approves for employees not under the state personnel system. The general assembly shall annually appropriate money from the division of professions and occupations cash fund, created in section 12-20-105 (3), for the payment of per diem compensation and expenses. A state employee shall not receive per diem compensation for Colorado Revised Statutes Uncertified Printout 6 services performed during normal working hours, when on paid administrative leave, or when otherwise prohibited by fiscal rules adopted by the state controller. (7) Periodic evaluation of division functions. The department of regulatory agencies shall analyze and evaluate the division and its functions as set forth in this title 12. The department shall conduct the analysis and evaluation in accordance with section 24-34-104 (5) and shall submit its report and recommendations for legislation, if any, in accordance with that section. The department shall initially analyze and evaluate the division and submit its report by October 15, 2015, and shall analyze and evaluate the division every ten years thereafter. This section does not require the repeal of the division or its functions as specified in this title 12. (8) Repealed. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 730, § 1, effective October 1. L. 2022: (8) added, (SB 22-181), ch. 452, p. 3251, § 3, effective July 1; (1)(a) amended, (SB 22-162), ch. 469, p. 3393, § 115, effective August 10. Editor's note: (1) Subsection (1) is similar to former § 24-34-102 (1); subsection (2) is similar to former § 24-34-102 (2); subsection (3) is similar to former § 24-34-102 (3); subsection (4) is similar to former § 24-34-102 (4); subsection (5)(a) is similar to former § 24-34-102 (5); subsection (5)(b) is similar to former § 24-34-102 (6); subsection (6) is similar to former § 24- 34-102 (13); and subsection (7) is similar to former § 24-34-102 (15), as those sections existed prior to 2019. (2) Subsection (8)(c) provided for the repeal of subsection (8), effective September 1, 2024. (See L. 2022, p. 3251.) Cross references: (1) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022. (2) For the legislative declaration in SB 22-181, see section 1 of chapter 452, Session Laws of Colorado 2022. 12-20-104. Excise tax on renewal fees - report to joint budget committee - definition. (1) Notwithstanding any provision of law to the contrary, there is imposed, and the executive director shall collect, an excise tax of one dollar for each year of the renewal period upon the payment of renewal fees that are required to be paid by individuals for the renewal of a license, registration, or certificate granting the individual authority or permission from the state to continue the practice of a profession or occupation; except that the excise tax shall not be imposed on the renewal fee paid by nurse aides pursuant to section 12-255-107. (2) For the purposes of this section, "renewal fees" includes all fees for the renewal, reinstatement, and continuation of a license, registration, or certificate for the practice of a profession or occupation in this state as provided in section 12-20-202 (1) and (2). "Renewal fees" does not include fees paid for initial licensure, registration, or certification; application fees; examination fees; penalty late fees; duplicate license fees; regulator action fees; verification fees; license change fees; fees for the verification of licensure, registration, or certification status Colorado Revised Statutes Uncertified Printout 7 to other states; electrical inspection permit fees; plumbing inspection fees; and fees for certification of grades. (3) Money collected pursuant to subsection (1) of this section shall be credited to the legal defense account created within the division of professions and occupations cash fund pursuant to section 12-20-105 (5). (4) On October 1 of each year, the executive director shall report to the joint budget committee the amount of money credited to the legal defense account created within the division of professions and occupations cash fund pursuant to subsection (3) of this section for the preceding fiscal year. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 732, § 1, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 695, § 33, effective July 1. Editor's note: This section is similar to former § 24-34-104.4 as it existed prior to 2019. 12-20-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account created - general fund transfer - definition - repeal. (1) This section applies to all activities of the division and all regulators. (2) (a) The director shall propose, as part of the division's annual budget request, an adjustment in the amount of each fee that each regulator is authorized by law to collect. The budget request and the adjusted fees for each regulator must reflect direct and indirect costs that are appropriated in the annual general appropriation act. (b) (I) Except as otherwise provided in subsection (2)(b)(II) of this section, based upon the appropriation made and subject to the approval of the executive director, each regulator shall adjust the fees the regulator is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs. (II) The costs of the state board of psychologist examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of social work examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners shall be considered collectively in the renewal fee- setting process. Subsequent revenue generated by the fees set by the boards plus revenues generated pursuant to section 12-245-703 shall be compared to those collective costs to determine recovery of direct and indirect costs. (III) The fees set pursuant to this subsection (2)(b) remain in effect for the fiscal year for which the budget request applies. (3) All fees collected by a regulator, not including any fees retained by contractors as established pursuant to section 24-34-101 (10), shall be transmitted to the state treasurer, who shall credit them to the division of professions and occupations cash fund, which fund is hereby created. All money credited to the division of professions and occupations cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund. (4) Any fees established pursuant to section 24-34-101 (10) or (11) may be received by a contractor and retained as payment for the costs of examination or other services rendered Colorado Revised Statutes Uncertified Printout 8 pursuant to the contract with the executive director. Fees retained by a contractor and not collected by the state or deposited with the state treasurer are not subject to article 36 of title 24. (5) (a) The excise tax collected pursuant to section 12-20-104 shall be credited to the legal defense account, which account is hereby created within the division of professions and occupations cash fund. The excise tax is the sole source of funding for the account, and no other fee or portion of a fee collected by a regulator and credited to the division of professions and occupations cash fund shall be deposited in or transferred to the account. The account shall be used to supplement revenues received by the division but shall only be used for the purpose of paying legal expenses incurred by a regulator. Upon a determination of the need of a regulator for additional revenues for the payment of legal expenses, the director may authorize the allocation of revenues from the legal defense account to a regulator for legal expenses. (b) For purposes of this subsection (5), "legal expenses" includes costs relating to holding administrative hearings and charges for legal services provided by the department of law, administrative law judge services, investigative services, expert witnesses, and consultants. (6) Each July 1, whenever money appropriated to the division for the activities of a regulator for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the regulator. If a supplemental appropriation is made to the division for the activities of a regulator, the fees of the regulator, when adjusted for the fiscal year following the fiscal year in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Money appropriated to the division in the annual long appropriation bill shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the regulators. (7) (a) On July 1, 2022, the state treasurer shall transfer eleven million seven hundred twenty thousand two hundred seventy-eight dollars from the general fund to the division of professions and occupations cash fund. The money transferred pursuant to this subsection (7)(a) is not subject to annual appropriation by the general assembly. The division shall use the money transferred pursuant to this subsection (7)(a) beginning in the 2022-23 state fiscal year and until the amount is fully expended to fund the costs of the state board of nursing in administering articles 255 and 295 of this title 12. (b) This subsection (7) is repealed, effective July 1, 2025. (8) (a) On July 1, 2022, the state treasurer shall transfer three million six hundred ninety- eight thousand five hundred eighty-six dollars from the general fund to the division of professions and occupations cash fund. The money transferred pursuant to this subsection (8)(a) is not subject to annual appropriation by the general assembly. The division shall use the money transferred pursuant to this subsection (8)(a) beginning in the 2022-23 state fiscal year and until the amount is fully expended to fund the costs of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners in administering article 245 of this title 12. (b) This subsection (8) is repealed, effective July 1, 2025. Colorado Revised Statutes Uncertified Printout 9 Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 733, § 1, effective October 1. L. 2020: (2)(b)(II) amended, (HB 20-1206), ch. 304, p. 1543, § 42, effective July 14. L. 2022: (8) added, (HB 22-1299), ch. 174, p. 1162, § 2, effective May 17; (7) added, (HB 22-1298), ch. 176, p. 1169, § 2, effective May 18. Editor's note: This section is similar to former § 24-34-105 as it existed prior to 2019. Cross references: For the legislative declaration in HB 22-1299, see section 1 of chapter 174, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1298, see section 1 of chapter 176, Session Laws of Colorado 2022. PART 2 GENERAL POWERS AND DUTIES OF DIVISION, BOARDS, AND COMMISSIONS 12-20-201. Payment of fees - condition of licensure, certification, or registration. The division shall not license, certify, or register a person who has applied to, and has otherwise satisfied the requirements for licensure, certification, or registration by, a regulator until the applicant has paid and the division has received all applicable fees. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 735, § 1, effective October 1. 12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - exceptions for military personnel, spouses, gold star military spouses, and dependents - rules - consideration of criminal convictions or driver's history - executive director authority - definitions. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation. (b) Notwithstanding any provision of the law to the contrary, the director may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. Except for a license, certification, or registration issued in accordance with subsection (3)(f) of this section, a license, certification, or registration is valid for a period of no less than one year and Colorado Revised Statutes Uncertified Printout 10 no longer than three years, as determined by the director in consultation with the applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director. (c) Notwithstanding any provision of the law to the contrary, upon the approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant. (d) A regulator may prescribe renewal requirements, which must include compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority. (e) The director shall allow for a grace period for licenses, certifications, or registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102. (2) Reinstatement. (a) If a licensee, registrant, or certificate holder does not renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated. (b) The regulator shall reinstate the expired license, certificate, or registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days, and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this subsection (2). (c) The regulator, in its discretion and pursuant to its authority, may reinstate an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements: (I) (A) The licensee, registrant, or certificate holder submits an application for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12. (B) If the licensee, registrant, or certificate holder practiced with an expired license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder. (II) If the license, registration, or certificate has been expired for more than two years, the person with the expired license, registration, or certificate shall pay all applicable renewal Colorado Revised Statutes Uncertified Printout 11 and reinstatement fees and shall satisfactorily demonstrate to the regulator that the person is competent to practice within his or her profession. The regulator, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice: (A) A license, registration, or certificate from another state that is in good standing for the applicant where the applicant demonstrates active practice; (B) Practice for a specified time under a restricted license, registration, or certificate; (C) Successful completion of prescribed remedial courses ordered by the regulator that are within the authority of the regulator to require; (D) Successful completion of any continuing education or continuing competency requirements prescribed by the regulator that are within the authority of the regulator to require; (E) Passage of an examination for licensure, registration, or certification as approved by the regulator that the regulator has the authority to require; or (F) Other professional standards or measures of continued competency as determined by the regulator. (III) The regulator may waive the requirements for reinstatement of an expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition. (3) Occupational credential portability program - definitions. (a) There is hereby created in the division the occupational credential portability program by which a regulator may approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer. Each regulator shall strive to reduce barriers for applicants under the occupational credential portability program, including through reciprocity agreements, compacts, or other means to expedite licensure, certification, registration, or enrollment and shall adopt rules to implement the program in the least burdensome way necessary to protect the public. Unless there are specific reasons to withhold a license, certification, registration, or enrollment, a regulator shall issue a license, certification, registration, or enrollment, as applicable, to an applicant who meets the requirements of this subsection (3) and rules adopted by the regulator pursuant to this subsection (3). (b) (I) Except as specified in subsections (3)(c) and (3)(f) of this section, a person duly licensed, certified, registered, or enrolled in good standing in another state or United States territory or through the federal government to practice a particular profession or occupation, or who holds a military occupational specialty, as defined in section 24-4-201, is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of the applicable license, certification, registration, or enrollment if all of the following apply: (A) Submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's substantially equivalent experience or credentials, as required by the part or article of this title 12 that regulates the applicable profession or occupation or satisfactory proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation as specified in this title 12, and that the applicant has not committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation; Colorado Revised Statutes Uncertified Printout 12 (B) Payment of applicable fees established pursuant to section 12-20-105; and (C) Compliance with any other applicable requirement, including passing an exam, of the part or article of this title 12 that regulates the applicable profession or occupation. (II) For the purposes of this subsection (3)(b), "in good standing" means that a license, certification, registration, or enrollment has not been revoked or suspended and against which there are no outstanding disciplinary or adverse actions. (c) An applicant is not entitled to licensure, certification, registration, or enrollment pursuant to this subsection (3) if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant: (I) Lacks the requisite substantially equivalent education, experience, or credentials to practice the applicable profession or occupation; or (II) Has committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation. (d) A regulator may specify by rule what constitutes substantially equivalent experience or credentials and, unless otherwise prohibited by this title 12, shall allow an applicant for certification, registration, or licensure by endorsement to demonstrate competency in a specific profession or occupation as determined by the regulator in lieu of a requirement that the applicant has worked or practiced in that profession or occupation for a period of time prior to the application for endorsement. (d.5) Nothing in this subsection (3) prohibits a person from applying for an occupational license, registration, or certification pursuant to another statute or rule. (e) Subsections (3)(a) to (3)(d) of this section do not apply to the following professions or occupations: (I) Combative sports, regulated pursuant to article 110 of this title 12; (II) Electricians, regulated pursuant to article 115 of this title 12; (II.5) Engineers, surveyors, and architects, regulated pursuant to article 120 of this title 12; (III) Repealed. (IV) Mortuaries and crematories, regulated pursuant to article 135 of this title 12; (V) Nontransplant tissue banks, regulated pursuant to article 140 of this title 12; (VI) Outfitters and guides, regulated pursuant to article 145 of this title 12; (VII) Passenger tramways, regulated pursuant to article 150 of this title 12; (VIII) Plumbers, regulated pursuant to article 155 of this title 12; (IX) Repealed. (IX.5) Dental therapists, regulated pursuant to article 220 of this title 12; (X) Direct-entry midwives, regulated pursuant to article 225 of this title 12; or (XI) Surgical assistants and surgical technologists, regulated pursuant to article 310 of this title 12. (f) (I) Except as specified in subsection (3)(f)(III) of this section, a military spouse, gold star military spouse, military dependent, or spouse or dependent of any other qualified servicemember duly licensed, certified, registered, or enrolled in good standing in another state or United States territory to practice a particular profession or occupation is, upon application to the division for licensure, certification, registration, or enrollment in that profession or Colorado Revised Statutes Uncertified Printout 13 occupation in this state, entitled to the issuance of a license, certification, registration, or enrollment upon submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's active license, certification, registration, or enrollment in another state or United States territory in good standing. (II) As used in this subsection (3)(f): (A) "Gold star military spouse" or "gold star spouse" means the spouse of a servicemember, which servicemember died while on military orders, who was relocated to Colorado. (B) "In good standing" means that a license, certification, registration, or enrollment has not been revoked, expired, or suspended and against which there are no outstanding disciplinary or adverse actions. (C) "Military dependent" means the dependent of a servicemember serving in the United States uniformed services who was relocated to Colorado. (D) "Military spouse" or "spouse" means the spouse of a servicemember serving in the United States uniformed services who was relocated to Colorado. (E) "Relocated" means that a servicemember in the United States uniformed services and the servicemember's spouse or dependent have, or the servicemember's gold star spouse has, moved to Colorado, as a result of: An assignment to a duty station in Colorado; a reassignment, either as a result of a permanent change of station or permanent change of assignment to Colorado, between two duty stations; or a transfer from a regular component of a uniformed service into a selected reserve of the Ready Reserve of a uniformed service, if the member is authorized to make a final move from the member's last duty station to Colorado. (F) "Servicemember" means a member of the uniformed services, as defined in 10 U.S.C. sec. 101 (a)(5). (III) An applicant is not entitled to licensure, certification, registration, or enrollment pursuant to this subsection (3)(f) if approving the licensure, certification, registration, or enrollment would violate an existing compact or reciprocity agreement or if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant's license, certification, registration, or enrollment issued by another state or United States territory is not in good standing. (IV) Notwithstanding any provision of law to the contrary: (A) A license, certification, registration, or enrollment issued to a military spouse, a gold star military spouse, a military dependent, or the spouse or dependent of any other qualified servicemember pursuant to this subsection (3)(f) is valid for six years after the date of issuance and may be renewed. (B) Each regulator shall waive the application fee for single state licenses, certifications, registrations, or enrollments issued pursuant to this subsection (3)(f). (4) Military personnel. A regulator shall, upon presentation of satisfactory evidence by an applicant for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4). Colorado Revised Statutes Uncertified Printout 14 (5) Criminal convictions. Unless there is a specific statutory disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by sections 12-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration. (5.5) Driver's history. A regulator shall not consider an event in an applicant's driver's history when determining whether to issue to the applicant a new, renewal, reactivated, or reinstated license, certification, or registration unless: (a) The event is relevant to the performance of the profession or occupation that is the subject of the application; and (b) (I) The operation of a motor vehicle is a duty of the profession or occupation that is the subject of the application; (II) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation that is the subject of the application; or (III) The event occurred within three years before the date that the applicant submitted the application to the regulator. (6) Executive director authority. (a) Form of license, certification, or registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration. (b) Review of examinations and procedures. Notwithstanding any entity status as a type 1 entity, as defined in section 24-1-105, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents. (c) Employment of administrative law judges. Notwithstanding any entity status as a type 1 entity, as defined in section 24-1-105, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 735, § 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 528, § 4, effective June 25. L. 2021: (3)(e)(III) repealed, (SB 21-266), ch. 423, p. 2796, § 9, effective July 2; (5.5) added, (SB 21-040), ch. 59, p. 239, § 2, effective September 7. L. 2022: IP(3)(b)(I), (3)(b)(I)(A), Colorado Revised Statutes Uncertified Printout 15 IP(3)(c), and (3)(c)(I) amended and (3)(d.5) and (3)(e)(II.5) added, (SB 22-116), ch. 146, p. 949, § 2, effective August 10; (3)(e)(IX) repealed, (SB 22-212), ch. 421, p. 2967, § 20, effective August 10; (3)(e)(IX.5) added, (SB 22-219), ch. 381, p. 2723, § 27, effective January 1, 2023. L. 2023: (6)(b) and (6)(c) amended, (HB 23-1301), ch. 303, p. 1817, § 11, effective August 7. L. 2024: (5) amended, (HB 24-1004), ch. 371, p. 2497, § 2, effective August 7; (1)(b) and (3)(f) amended, (HB 24-1097), ch. 70, p. 231, § 3, effective September 1. Editor's note: (1) Subsection (1)(a) is similar to former § 12-5.5-202 (2); subsection (1)(b) is similar to former § 24-34-102 (8)(a); subsection (1)(c) is similar to former § 24-34-102 (7); subsection (1)(d) is similar to former § 24-34-102 (8)(b); subsection (1)(e) is similar to former § 24-34-102 (8)(c); subsection (2) is similar to former § 24-34-102 (8)(d); subsection (3) is similar to former § 24-34-102 (8)(e); subsection (4) is similar to former § 24-34-102 (8.5); subsection (5) is similar to former § 24-34-102 (8.7); subsection (6)(a) is similar to former § 24- 34-102 (10); subsection (6)(b) is similar to former § 24-34-102 (11); and subsection (6)(c) is similar to former § 24-34-102 (12), as those sections existed prior to 2019. (2) Section 5(2) of chapter 371 (HB 24-1004), Session Laws of Colorado 2024, provides that the act changing this section applies to applications for registration, certification, permitting, or licensure submitted on or after August 7, 2024. Cross references: (1) For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. For the short title ("Red Tape Reduction Act of 2022") in SB 22-116, see section 1 of chapter 146, Session Laws of Colorado 2022. For the short title ("Military Family Employment Support Act") and the legislative declaration in HB 24-1097, see sections 1 and 2 of chapter 70, Session Laws of Colorado 2024. (2) For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022. 12-20-203. Inactive license or certification - rights and responsibilities. (1) Persons licensed or certified to practice any profession or occupation under this title 12 for which postgraduate study or attendance at educational institutions is required in order to obtain renewal of the license or certification may have their names transferred to an inactive licensees or certificate holders category under this section. Every regulator authorized under this title 12 to issue licenses or certifications shall maintain a list of inactive licensees or certificate holders, as applicable, and upon written notice to the regulator, the licensee or certificate holder shall not be required to comply with any postgraduate educational requirements so long as the licensee or certificate holder remains inactive in the profession or occupation. Each inactive licensee or certificate holder shall continue to meet the normal registration requirements imposed upon the licensee's or certificate holder's profession or occupation. (2) The inactive status shall be noted on the face of any license or certification issued while the licensee or certificate holder remains inactive. If the person seeks to resume the practice of the person's profession or occupation after being placed on an inactive list, the person shall file a proper application to reactivate the license or certification, pay the applicable renewal Colorado Revised Statutes Uncertified Printout 16 fee, and meet any postgraduate study or in-service requirements that the regulator may determine to be applicable in order to resume the practice. (3) Engaging in the practice of a profession or occupation while on inactive status pursuant to this section may be grounds for revocation. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 739, § 1, effective October 1. Editor's note: This section is similar to former § 12-70-101 as it existed prior to 2019. 12-20-204. Regulator's rule-making authority. (1) Except as specified in subsection (2) of this section, in addition to any specific rule-making authority that a regulator has pursuant to a part or article of this title 12, a regulator may adopt rules necessary to administer the part or article of this title 12 pursuant to which the regulator has regulatory authority. (2) Subsection (1) of this section does not apply to the following: (a) Article 110 of this title 12 concerning combative sports. (b) to (d) Repealed. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 739, § 1, effective October 1. L. 2020: (2)(b) repealed, (HB 20-1286), ch. 269, p. 1312, § 6, effective July 10. L. 2024: (2)(a) amended and (2)(c) repealed, (SB 24-173), ch. 240, p. 1588, § 4, effective May 24; (2)(a) amended and (2)(c) repealed, (HB 24-1335), ch. 242, p. 1599, § 4, effective May 24; (2)(a) and (2)(c) amended and (2)(d) repealed, (HB 24-1254), ch. 241, p. 1594, § 6, effective August 7. Editor's note: Subsection (2)(c) was amended in HB 24-1254, effective August 7, 2024. Those amendments were superseded by the repeal of subsection (2)(c) in SB 24-173 and HB 24- 1335, effective May 24, 2024. 12-20-205. Director - audit of practice acts - barriers to practice - criminal history records - report - denial of license, certification, registration. (1) On or before June 1, 2023, the director shall complete an audit of the practice acts in this title 12 and the regulation of various professions and occupations by regulators pursuant to this title 12 to determine whether a barrier to professional licensing, certification, or registration exists due to an applicant's criminal history record. On or before July 1, 2023, the director shall report the findings to the senate business, labor, and technology committee and the house of representatives business affairs and labor committee, or their successor committees. The report shall include: (a) The barriers that exist to licensing, certification, or registration due to a criminal history record; (b) Legislative recommendations regarding whether any barriers should be removed or changed pursuant to a bill of the general assembly; (c) Recommendations for solutions to any barriers, including a process to advise individuals as to whether an individual would qualify for licensure, certification, or registration Colorado Revised Statutes Uncertified Printout 17 based on the individual's criminal history record if the individual meets all other requirements for licensure, certification, or registration at the time of the individual's application; and (d) The number of licenses, certifications, or registrations that were denied in the prior calendar year due to a criminal history record and the specific reasons for each denial. (2) (a) A regulator may only deny a license, certification, or registration based on an applicant's criminal history record consistent with section 24-5-101 (4). (b) If the regulator denies a license, certification, or registration based on the applicant's criminal history record, the regulator shall document the grounds for denial and submit the grounds in writing to the applicant. (c) A regulator may grant, consistent with section 24-34-107 (5), a conditional license, certification, or registration to an applicant with a criminal history record. (3) The director shall compile de-identified aggregate information regarding the reasons why a license, certification, or registration was denied, if the reason was due to the applicant's criminal history record, and make this information available to the public on the division's website. Source: L. 2022: Entire section added, (HB 22-1098), ch. 220, p. 1437, § 1, effective August 10; (2)(a) amended, (SB 22-212), ch. 421, p. 2990, § 103, effective August 10. 12-20-206. Regulators - consideration of criminal records - petition process - denials - definition. (1) As used in this section, "directly related to" means that the criminal offense for which the applicant has been convicted is still relevant at the time of the individual's application for a registration, certification, or license, which would create an unreasonable risk to public safety because the offense directly relates to the duties and responsibilities of the profession or occupation in which the individual has applied or petitioned for determination of qualification, as determined by a regulator after consideration of all evidence available to the regulator. (2) If an applicant has a conviction for a crime, a regulator may only consider the applicant's conviction for a three-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant has not been convicted of any other criminal offense during the three-year period. After the three-year period, the regulator shall only consider the individual's application for registration, certification, or licensure in the same manner as an applicant who does not possess a prior criminal record; except that the regulator may consider a conviction for a crime that is directly related to the profession or occupation for which the individual has applied for registration, certification, or licensure. (3) (a) If a regulator is considering an applicant's criminal record during the application process for registration, certification, or licensure, a regulator may only deny or refuse to renew the registration, certification, or license if the regulator determines that the applicant has not been rehabilitated and is unable to perform the duties and responsibilities of the profession or occupation without creating an unreasonable risk to public safety. (b) An applicant's conviction for a crime does not, in and of itself, disqualify the applicant from being issued a registration, certification, or license. (4) (a) An individual whose conviction may affect the individual's application for registration, certification, or licensure may petition at any time, including while incarcerated or Colorado Revised Statutes Uncertified Printout 18 before obtaining any required personal qualifications, for a decision from a regulator as to whether a regulator may consider the individual's criminal record when reviewing the individual's application for a registration, certification, or license. (b) An individual who petitions a regulator shall include in the petition: (I) The individual's criminal record or authorization for the regulator to obtain the individual's criminal record; and (II) Any additional information about the individual's current circumstances, including the time since the criminal offense was committed and the sentence was completed, the age of the applicant at the time the offense was committed, the payment of any court-ordered restitution, evidence of rehabilitation, testimonials, employment history, and employment aspirations. (c) If a regulator determines that a petitioner's conviction will likely be considered, the regulator shall advise the petitioner of any actions the petitioner may take to remedy the disqualification. If remedial action is advised by the regulator, the petitioner may submit a revised petition on or before a date set by the regulator for completion of the remedial actions. (d) A regulator that makes an initial determination pursuant to this subsection (4) may require a new determination at the time an individual formally applies for registration, certification, or licensure. (5) (a) In order to deny an application for registration, certification, or licensure pursuant to this section, a regulator bears the burden of proof to show by clear and convincing evidence that the denial directly connects information in an applicant's criminal record to potential performance in and the potential creation of an unreasonable risk to public safety through the particular profession or occupation for which the applicant is applying for registration, certification, or licensure. (b) If an individual has filed a petition for a determination pursuant to subsection (4) of this section, has received a notice of an agency adjudicatory hearing and filed and answer to the notice pursuant to section 24-4-105, and fails to appear at the scheduled time and place of the hearing, the administrative law judge shall enter a default judgment in favor of the regulator. (6) This section does not: (a) Negate any provision for registration, certification, or licensure in this title 12 that requires an applicant to submit information regarding the applicant's criminal history to a regulator with an application; (b) Negate any other reason specified in this title 12 for which a regulator may deny an applicant registration, certification, or licensure for a profession or an occupation; (c) Negate any requirement under federal law that requires an individual to obtain or maintain a registration, certification, or license; (d) Negate the list of determining factors that shall not be considered regarding an applicant's criminal record in section 24-5-101 (2)(b); or (e) Create liability for an employer that fails to hire an individual who has a registration, certification, or license pursuant to this title 12. Source: L. 2024: Entire section added, (HB 24-1004), ch. 371, p. 2495, § 1, effective August 7. Colorado Revised Statutes Uncertified Printout 19 Editor's note: Section 5(2) of chapter 371 (HB 24-1004), Session Laws of Colorado 2024, provides that the act adding this section applies to applications for registration, certification, permitting, or licensure submitted on or after August 7, 2024. PART 3 MILITARY PERSONNEL 12-20-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Agency" means an agency of the state that regulates a profession or occupation under this title 12. (2) "Authority to practice" or "authorized to practice" means the holding of a currently valid license to practice in a profession or occupation or a currently valid certification or registration necessary to practice in a profession or occupation if the person is licensed, certified, or registered under this title 12 or a substantially similar law in another state. (3) Repealed. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 740, § 1, effective October 1. L. 2020: (3) repealed, (HB 20-1326), ch. 126, p. 531, § 5, effective January 1, 2021. Editor's note: This section is similar to former § 12-71-101 as it existed prior to 2019. Cross references: For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. 12-20-302. Active military personnel - exemptions from licensing requirements. (1) Each board or division that regulates persons licensed, certified, or registered pursuant to this title 12 shall exempt licensed, certified, or registered military personnel who have been called to federally funded active duty for more than one hundred twenty days for the purpose of serving in a war, emergency, or contingency from the payment of any professional or occupational license, certification, or registration fees, including renewal fees, and from any continuing education or professional competency requirements pursuant to this title 12 for a renewal cycle that falls within the period of service or within the six months following the completion of service in the war, emergency, or contingency. (2) This section applies to persons licensed, certified, or registered pursuant to this title 12 as it existed on August 8, 2017. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 740, § 1, effective October 1. Editor's note: This section is similar to former § 12-70-102 as it existed prior to 2019. Colorado Revised Statutes Uncertified Printout 20 12-20-303. Continuing education - regulated service members - rules. (1) An agency may accept, from a person with authority to practice, continuing education, training, or service completed as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the educational qualifications to renew the person's authority to practice. (2) An agency may promulgate rules establishing educational standards and procedures necessary to implement this section. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 741, § 1, effective October 1. Editor's note: This section is similar to former § 12-71-104 as it existed prior to 2019. 12-20-304. Military spouse - authority to practice - reciprocity - notice. (Repealed) Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 741, § 1, effective October 1. L. 2020: Entire section repealed, (HB 20-1326), ch. 126, p. 531, § 6, effective January 1, 2021. Cross references: For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. 12-20-305. Rules. The director may promulgate rules reasonably necessary to implement this part 3. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 741, § 1, effective October 1. Editor's note: This section is similar to former § 12-71-105 as it existed prior to 2019. PART 4 DISCIPLINE, ENFORCEMENT, AND REVIEW Cross references: For alternative disciplinary actions for persons licensed, registered, or certified to practice a profession or occupation pursuant to this title 12, see § 24-34-106; for the Colorado rules of civil procedure concerning subpoenas, injunctions, and civil contempt, see C.R.C.P. 45, 65, and 107. 12-20-401. Procedures for complaints concerning licensees, certificate holders, and registrants - executive director authority - rules. (1) The executive director is responsible for receiving and monitoring the disposition of complaints. The executive director may require an Colorado Revised Statutes Uncertified Printout 21 investigation of a complaint concerning a person regulated by a regulator in accordance with this section. (2) A regulator shall refer all complaints relating to persons licensed, certified, or registered by the regulator to the executive director. (3) For the purpose of facilitating the handling of complaints, the executive director shall devise simple, standard complaint forms designed to supply the information necessary to properly conduct an investigation of complaints. The complainant shall reduce each complaint to writing before any formal action begins on the complaint. The receipt of the forms shall be acknowledged on behalf of the executive director. The complainant shall be advised in writing of the final disposition of the complaint. (4) (a) The executive director may: (I) Assign a complaint to the appropriate regulator; (II) Assign a complaint specially for investigation; or (III) Take such other action on the complaint as appears to the executive director to be warranted in the circumstances. (b) Assignments of investigations of complaints to others is subject to specified time limits set by the executive director for completion of investigations. (5) Nothing in this section supersedes sections 24-4-104 to 24-4-106 or the statutory power to issue, suspend, revoke, or renew licenses, certifications, and registrations. (6) The executive director may promulgate rules, pursuant to section 24-4-103 and not inconsistent with the requirements of this article 20, to assist in the efficient performance of the duties imposed by this section. The executive director may also render advice to the general assembly, as well as to the general public, upon the question of the proper role of the state in regulating professions and occupations. (7) Information about a substantiated finding of mistreatment of an at-risk adult or the appeal of a finding that the department of human services shares with the department or a regulator for the purposes of a regulatory investigation conducted pursuant to this section is confidential and must be de-identified to protect the privacy of the at-risk adult. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 742, § 1, effective October 1. L. 2021: (7) added, (HB 21-1123), ch. 106, p. 429, § 5, effective September 7. Editor's note: Subsection (1) is similar to former § 24-34-102 (9); subsection (2) is similar to former § 24-34-103 (1); subsection (3) is similar to former § 24-34-103 (2); subsection (4) is similar to former § 24-34-103 (3); subsection (5) is similar to former § 24-34-103 (4); and subsection (6) is similar to former § 24-34-103 (5), as those sections existed prior to 2019. 12-20-402. Immunity. (1) The director, any member of a board or commission, any member of a regulator's staff, any person acting as a witness or consultant to a regulator, any witness testifying in a proceeding authorized by a part or article of this title 12 governing a particular profession or occupation, and any person who lodges a complaint pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from liability in Colorado Revised Statutes Uncertified Printout 22 any civil action brought against the individual for acts occurring while acting in the individual's capacity as director, board or commission member, staff, consultant, or witness, respectively, if the individual: (a) Was acting in good faith within the scope of the individual's respective capacity; (b) Made a reasonable effort to obtain the facts of the matter as to which the individual acted; and (c) Acted in the reasonable belief that the action taken by the individual was warranted by the facts. (2) Any person participating in good faith in lodging or making a complaint or report or participating in any investigative or administrative proceeding pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from any civil or criminal liability that may result from that participation; except that a person participating as described in this subsection (2) under article 135 of this title 12 concerning mortuaries and crematories is immune from only civil liability. (3) (a) The immunity granted by subsection (1) of this section to a witness testifying in a proceeding does not apply to proceedings under article 310 of this title 12 concerning surgical assistants and surgical technologists. (b) The immunity granted by subsection (1) of this section to a person who lodges a complaint does not apply to proceedings under: (I) Article 130 of this title 12 concerning landscape architects; or (II) Article 230 of this title 12 concerning hearing aid providers. (4) This section does not apply to articles 140 and 150 of this title 12 concerning nontransplant tissue banks and passenger tramways, respectively. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, § 1, effective October 1. L. 2020: (4) amended, (HB 20-1212), ch. 228, p. 1114, § 3, effective July 2; (4) amended, (HB 20-1286), ch. 269, p. 1312, § 7, effective July 10. Editor's note: (1) This section is similar to former § 12-36-118 (3)(b) as it existed prior to 2019. (2) Amendments to subsection (4) by HB 20-1212 and HB 20-1286 were harmonized. 12-20-403. Disciplinary procedures - investigations - hearings - oaths - witness statements - subpoenas - appointment of administrative law judge - driver's history - acting as an official. (1) In accordance with article 4 of title 24 and the part or article of this title 12 governing the particular profession or occupation over which a regulator has regulatory authority, a regulator may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the regulator's powers and duties. (2) (a) In order to aid the regulator in any hearing or investigation instituted pursuant to this section, the regulator or an administrative law judge appointed pursuant to subsection (3) of this section may administer oaths, take affirmations of witnesses, and issue subpoenas compelling the attendance of witnesses and the production of all relevant records, papers, books, Colorado Revised Statutes Uncertified Printout 23 documentary evidence, and materials in any hearing, investigation, accusation, or other matter before the regulator or an administrative law judge. (b) (I) Upon failure of any witness, licensee, certificate holder, or registrant to comply with a subpoena or process, the district court of the county in which the subpoenaed person, licensee, certificate holder, or registrant resides or conducts business, upon application by the regulator with notice to the subpoenaed person, licensee, certificate holder, or registrant, may issue to the person, licensee, certificate holder, or registrant an order requiring that person, licensee, certificate holder, or registrant to: (A) Appear before the regulator; (B) Produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or (C) Give evidence touching the matter under investigation or in question. (II) If the person, licensee, certificate holder, or registrant fails to obey the order of the court, the court may hold the person, licensee, certificate holder, or registrant in contempt of court. (c) For purposes of the regulation of nontransplant tissue banks under article 140 of this title 12, the authority granted under subsection (2)(a) of this section does not apply with respect to investigations. (3) The regulator may appoint an administrative law judge pursuant to part 10 of article 30 of title 24 and, if otherwise authorized in the part or article of this title 12 governing the particular profession or occupation, may employ an administrative law judge or hearing officer, to conduct hearings, take evidence, make findings, and report the findings to the regulator. (4) (a) Unless subsection (4)(b) of this section applies, a regulator shall not consider an event within the driver's history of a licensee, certificant, or registrant when determining: (I) Whether to impose discipline; (II) The type of discipline to impose; or (III) The severity of discipline to impose. (b) A regulator may consider an event within a driver's history if: (I) The event is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; and (II) (A) The operation of a motor vehicle is a duty of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; (B) The event is a part of a pattern of behavior that is relevant to the performance of the profession or occupation for which the licensee, certificant, or registrant is licensed, certified, or registered; or (C) The event occurred within three years before the act upon which the discipline is based. (5) (a) Except as provided in subsection (5)(d) of this section, a regulator shall dismiss an anonymous complaint made against a licensee, certificant, or registrant if the basis for the anonymous complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as: (I) An elected official of the state of Colorado or of a political subdivision of Colorado; or Colorado Revised Statutes Uncertified Printout 24 (II) A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado. (b) A regulator may dismiss a complaint made against a licensee, certificant, or registrant if: (I) The complaint is not made anonymously; and (II) The basis for the complaint arises from words said or from actions committed while the licensee, certificant, or registrant was engaged in official duties as: (A) An elected official of the state of Colorado or of a political subdivision of Colorado; or (B) A member of a board or commission established by the state of Colorado or by a political subdivision of Colorado. (c) For the regulator to dismiss a complaint in accordance with this subsection (5), the licensee, certificant, or registrant that is the subject of the complaint need not respond to or provide evidence concerning the complaint. The dismissal is automatic. (d) This subsection (5) does not apply to words said to or actions committed for a specific person when the licensee, certificant, or registrant is speaking or acting in the licensee's, certificant's, or registrant's capacity as a member of the occupation the person is licensed, certified, or registered to perform. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, § 1, effective October 1. L. 2021: (4) added, (SB 21-040), ch. 59, p. 240, § 3, effective September 7. L. 2022: (5) added, (SB 22-076), ch. 73, p. 371, § 1, effective April 7. Editor's note: Subsection (1) is similar to former § 12-40.5-110 (7)(b)(I); subsection (2)(a) is similar to former § 12-40.5-110 (7)(b)(II); subsection (2)(b) is similar to former § 12- 40.5-110 (7)(b)(III); and subsection (3) is similar to former § 12-40.5-110 (7)(c), as those sections existed prior to 2019. 12-20-404. Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions. (1) General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may: (a) Issue a letter of admonition in accordance with subsection (4) of this section; (b) (I) Place a licensee, certificate holder, or registrant on probation, except as provided in subsection (1)(b)(II) of this section. (II) A regulator is not authorized under this subsection (1)(b) to impose probation on a licensee, certificate holder, or registrant regulated under the following: (A) Article 150 of this title 12 concerning passenger tramways; (B) Repealed. (C) Article 255 of this title 12 concerning nurse aides; or (D) Article 310 of this title 12 concerning surgical assistants and surgical technologists. Colorado Revised Statutes Uncertified Printout 25 (c) (I) Impose an administrative fine, subject to any limitations or requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section. (II) A regulator is not authorized under this subsection (1)(c) to impose a fine on a licensee, certificate holder, or registrant regulated under the following: (A) Repealed. (B) Article 140 of this title 12 concerning nontransplant tissue banks; (C) Repealed. (D) Article 205 of this title 12 concerning athletic trainers; (E) Article 255 of this title 12 concerning nurse aides; (F) Article 265 of this title 12 concerning nursing home administrators; (G) Article 270 of this title 12 concerning occupational therapists and occupational therapy assistants; (H) Article 300 of this title 12 concerning respiratory therapists; or (I) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (d) (I) Deny, refuse to renew, revoke, or suspend the license, certification, or registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section. (II) A regulator is not authorized under this subsection (1)(d) to refuse to renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following: (A) Article 105 of this title 12 concerning barbers and cosmetologists; (B) Article 110 of this title 12 concerning combative sports; (C) Repealed. (D) Article 140 of this title 12 concerning nontransplant tissue banks; (E) Article 145 of this title 12 concerning outfitters and guides; (F) Repealed. (G) Article 200 of this title 12 concerning acupuncturists; (H) Article 225 of this title 12 concerning direct-entry midwives; (I) Article 240 of this title 12 concerning medical practice; (J) Article 250 of this title 12 concerning naturopathic doctors; (J.5) Article 255 of this title 12 concerning nurses and certified midwives; (K) Article 255 of this title 12 concerning nurse aides; (L) Article 305 of this title 12 concerning speech-language pathologists; or (M) Article 315 of this title 12 concerning veterinarians and veterinary technicians. (2) Deferral precluded. (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution. (b) This subsection (2) does not apply to the following: (I) Repealed. (II) Article 140 of this title 12 concerning nontransplant tissue banks; (III) Article 150 of this title 12 concerning passenger tramways; and (IV) Article 255 of this title 12 concerning nurse aides. Colorado Revised Statutes Uncertified Printout 26 (3) Waiting period after revocation or surrender. (a) (I) Except as provided in subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration. (II) In addition, the waiting period specified in subsection (3)(a)(I) of this section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline: (A) Article 105 of this title 12 concerning barbers and cosmetologists; (B) Article 145 of this title 12 concerning outfitters and guides; (C) Repealed. (C.5) Article 165 of this title 12 concerning radon professionals; (D) Article 200 of this title 12 concerning acupuncturists; (D.5) Article 205 of this title 12 concerning athletic trainers; (E) Article 210 of this title 12 concerning audiologists; (F) Article 230 of this title 12 concerning hearing aid providers; (G) Article 235 of this title 12 concerning massage therapists; (H) Article 240 of this title 12 concerning medical practice; (I) Article 250 of this title 12 concerning naturopathic doctors; (J) Article 255 of this title 12 concerning nurses, certified midwives, and nurse aides; (K) Article 270 of this title 12 concerning occupational therapists and occupational therapy assistants; (L) Article 285 of this title 12 concerning physical therapists and physical therapist assistants; (M) Article 300 of this title 12 concerning respiratory therapists; (N) Article 305 of this title 12 concerning speech-language pathologists; and (O) Article 310 of this title 12 concerning surgical assistants and surgical technologists. (III) (A) For a person whose license as a nursing home administrator issued under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation. (B) For a person whose license, certification, or registration as a mental health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender. (b) This subsection (3) applies to a person enrolled as an engineer-intern pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12. (c) This subsection (3) does not apply to the following: (I) Article 110 of this title 12 concerning combative sports; (II) Repealed. (III) Article 140 of this title 12 concerning nontransplant tissue banks; Colorado Revised Statutes Uncertified Printout 27 (IV) Article 150 of this title 12 concerning passenger tramways; (V) Repealed. (VI) Article 215 of this title 12 concerning chiropractors; and (VII) Repealed. (VIII) Article 295 of this title 12 concerning psychiatric technicians. (IX) Repealed. (4) Letter of admonition. (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant. (b) (I) When a regulator sends a letter of admonition to a licensee, certificate holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based. (II) If the licensee, certificate holder, or registrant timely requests adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings. (c) Repealed. (5) Confidential letter of concern. (a) When a complaint or investigation discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern. (b) This subsection (5) does not apply to the following: (I) Repealed. (II) Article 140 of this title 12 concerning nontransplant tissue banks; and (III) Article 150 of this title 12 concerning passenger tramways. (IV) and (V) Repealed. (6) Disposition of fines. (a) Except as specified in subsection (6)(b) of this section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund. (b) The disposition of fines collected by: (I) The state electrical board is governed by section 12-115-122 (5)(a); (II) The director for violations of laws governing the activities of outfitters and guides is governed by section 12-145-110 (3); and (III) The state plumbing board is governed by section 12-155-123 (4)(a). (7) Mistreatment of at-risk adult. A licensee, certificate holder, or registrant substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request. Colorado Revised Statutes Uncertified Printout 28 (8) Discipline based solely on marijuana activity. (a) Notwithstanding subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on: (I) A civil or criminal judgment against the applicant, licensee, certificate holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action: (A) Was lawful and consistent with professional conduct and standards of care within Colorado; and (B) Did not otherwise violate Colorado law; (II) Previous professional disciplinary action concerning the applicant's, licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action: (A) Was based solely on the applicant's, licensee's, certificate holder's, or registrant's consumption, possession, cultivation, or processing of marijuana; and (B) Did not otherwise violate Colorado law. (b) As used in this section, unless the context otherwise requires: (I) "Civil judgment" means a final court decision and order resulting from a civil lawsuit or a settlement in lieu of a final court decision. (II) "Criminal judgment" means a guilty verdict, a plea of guilty, a plea of nolo contendere, or a deferred judgment or sentence. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 744, § 1, effective October 1. L. 2020: (1)(b)(II)(C), (1)(c)(II)(E), (1)(d)(II)(K), (2)(b)(IV), and (3)(a)(II)(J) amended and (3)(c)(VII) repealed, (HB 20-1183), ch.157, p. 695, § 34, effective July 1; (1)(d)(II)(J.5) added, (HB 20-1216), ch. 190, p. 878, § 22, effective July 1; (1)(c)(II)(A), (1)(d)(II)(C), (2)(b)(I), (3)(c)(II), and (5)(b)(I) repealed, (HB 20-1286), ch. 269, p. 1312, § 8, effective July 10. L. 2021: (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) repealed, (3)(a)(II)(D.5) added, and (4)(c) amended, (SB 21-147), ch. 174, p. 950, § 2, effective September 1; (3)(a)(II)(M), (3)(a)(II)(N), (3)(c)(VI), (3)(c)(VIII), (4)(c), (5)(b)(III), and (5)(b)(IV) amended, (3)(a)(II)(O) added, and (3)(c)(IX) and (5)(b)(V) repealed, (SB 21-092), ch. 139, p. 781, § 3, effective September 1; IP(4)(c) repealed, (SB 21-266), ch. 423, p. 2796, § 10, effective September 1; (3)(a)(II)(C.5) added, (HB 21-1195), ch. 398, p. 2645, § 3, effective September 7; (7) added, (HB 21-1123), ch. 106, p. 429, § 6, effective September 7. L. 2022: (1)(d)(II)(F) and (3)(a)(II)(C) repealed, (SB 22-212), ch. 421, p. 2967, § 21, effective August 10; (1)(d)(II)(M) amended, (HB 22-1235), ch. 442, p. 3101, § 3, effective August 10; (1)(c)(II)(C) repealed, (HB 22-1263), ch. 254, p. 1849, § 3, effective September 1. L. 2023: (8) added, (SB 23-265), ch. 252, p. 1433, § 1, effective May 24; (1)(d)(II)(J.5) and (3)(a)(II)(J) amended, (SB 23-167), ch. 261, p. 1531, § 22, effective May 25. Editor's note: (1) This section is similar to former § 12-5.5-302 as it existed prior to 2019. Colorado Revised Statutes Uncertified Printout 29 (2) (a) Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized. (b) Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were harmonized. Cross references: For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. 12-20-405. Cease-and-desist orders. (1) (a) If it appears to a regulator, based upon credible evidence as presented in a written complaint by any person, that a licensee, certificate holder, or registrant is acting in a manner that is an imminent threat to the health and safety of the public, or a person is acting or has acted without the license, certification, or registration required to practice a profession or occupation, the regulator that regulates the particular profession or occupation may issue an order to cease and desist the activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful acts or unlicensed, uncertified, or unregistered practices immediately cease. (b) Within ten days after service of the order to cease and desist pursuant to subsection (1)(a) of this section, the respondent may request a hearing on the question of whether acts or practices in violation of the part or article of this title 12 governing the particular profession or occupation have occurred. The hearing must be conducted pursuant to sections 24-4-104 and 24- 4-105. (2) (a) If it appears to the regulator, based upon credible evidence as presented in a written complaint by any person, that a person has violated any other portion of the part or article of this title 12 governing the particular profession or occupation, then, in addition to any specific powers granted pursuant to the part or article of this title 12 governing the particular profession or occupation, the regulator may issue to the person an order to show cause as to why the regulator should not issue a final order directing the person to cease and desist from the unlawful act or unlicensed, uncertified, or unregistered practice. (b) The regulator shall promptly notify the person of the issuance of the order to show cause and shall include in the notice a copy of the order, the factual and legal basis for the order, and the date set by the regulator for a hearing on the order. The regulator may serve the notice by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom the order is issued. Personal service or proof of receipt of mailing of an order or document pursuant to this subsection (2)(b) constitutes notice to the person of the existence and contents of the order or document. (c) (I) The regulator shall commence the hearing on an order to show cause no sooner than ten, and no later than forty-five, calendar days after the date the regulator sent or served notice as provided in subsection (2)(b) of this section. The regulator may continue the hearing by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event may the regulator commence the hearing later than sixty calendar days after the date of transmission or service of the notification. Sections 24-4-104 and 24-4-105 govern the conduct of the hearing held under this subsection (2)(c). Colorado Revised Statutes Uncertified Printout 30 (II) If a person against whom the regulator has issued an order to show cause pursuant to subsection (2)(a) of this section does not appear at the hearing, the regulator may present evidence that the regulator properly sent or served the notification upon the person pursuant to subsection (2)(b) of this section and any other evidence related to the matter as the regulator deems appropriate. The regulator shall issue the order within ten days after the regulator's determination related to reasonable attempts to notify the respondent, and the order becomes final as to that person by operation of law. (III) If the regulator reasonably finds that the person against whom the regulator issued the order to show cause is acting or has acted without the required license, certification, or registration or has or is about to engage in acts or practices constituting violations of the part or article of this title 12 governing the particular profession or occupation, the regulator may issue a final cease-and-desist order directing the person to cease and desist from further unlawful acts or unlicensed, uncertified, or unregistered practices. (IV) The regulator shall provide notice, in the manner set forth in subsection (2)(b) of this section, of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this subsection (2)(c) to each person against whom the regulator has issued the final order. The final order issued pursuant to subsection (2)(c)(III) of this section is effective when issued and constitutes a final order for purposes of judicial review. (3) The regulator may enter into a stipulation with a person if it appears to the regulator, based upon credible evidence presented to the regulator, that the person has engaged in or is about to engage in: (a) An unlicensed, uncertified, or unregistered act or practice; (b) An act or practice constituting a violation of the part or article of this title 12 governing the particular profession or occupation or a rule adopted or an order issued pursuant to those laws; or (c) An act or practice constituting grounds for administrative sanction pursuant to the part or article of this title 12 governing the particular profession or occupation. (4) If any person fails to comply with a final cease-and-desist order or a stipulation, the regulator may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested the attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order. (5) A person aggrieved by the regulator's final determination with regard to a cease-and- desist order may seek judicial review in accordance with section 12-20-408. (6) This section does not apply to articles 140 and 150 of this title 12 concerning nontransplant tissue banks and passenger tramways, respectively. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 749, § 1, effective October 1. L. 2020: (6) amended, (HB 20-1286), ch. 269, p. 1313, § 9, effective July 10. Editor's note: This section is similar to former § 12-5.5-303 as it existed prior to 2019. Colorado Revised Statutes Uncertified Printout 31 12-20-406. Injunctive relief. (1) Except as otherwise specified in a part or article of this title 12 or subsection (3) of this section: (a) A regulator, in the name of the people of the state of Colorado and through the attorney general of the state of Colorado, may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by a part or article of this title 12. (b) If the regulator establishes that the defendant has been or is committing an act prohibited by the part or article, the court shall enter a decree perpetually enjoining the defendant from further committing the act. (c) An injunctive proceeding may be brought pursuant to this section in addition to, and not in lieu of, all penalties and other remedies provided in the part or article. (2) (a) Except as specified in subsection (2)(b) of this section, when seeking an injunction under subsection (1) of this section, a regulator is not required to allege or prove the inadequacy of any remedy at law or that substantial or irreparable damage is likely to result from a continued violation. (b) Subsection (2)(a) of this section does not apply to the following: (I) Article 105 of this title 12 concerning barbers and cosmetologists; (II) Part 4 of article 120 of this title 12 concerning architects; (III) Repealed. (IV) Article 150 of this title 12 concern