C.R.S. Section 12-240-135
Unauthorized practice

  • penalties
  • injunctive relief

(1)

Any person who practices or offers or attempts to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant within this state without an active license issued under this article 240 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2)

Any person who engages in any of the following activities commits a class 6 felony and shall be punished as provided in section 18-1.3-401:

(a)

Presents as his or her own the diploma, license, certificate, or credentials of another;

(b)

Gives either false or forged evidence of any kind to the board or any board member in connection with an application for a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant;

(c)

Practices medicine, practices as a physician assistant, or practices as an anesthesiologist assistant under a false or assumed name; or

(d)

Falsely impersonates another licensee of a like or different name.

(3)

Any person who violates section 12-240-121 (1)(p) commits a class 5 felony, and any person committing a second or subsequent violation commits a class 3 felony; and those persons shall be punished as provided in section 18-1.3-401.

(4)

No action may be maintained against an individual who has been the recipient of services constituting the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant, for the breach of a contract involving the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant or the recovery of compensation for services rendered under such a contract.

(5)

When an individual has been the recipient of services constituting the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant, whether or not the individual knew that the rendition of the services was unlawful:

(a)

The individual or the individual’s personal representative is entitled to recover the amount of any fee paid for the services; and

(b)

The individual or the individual’s personal representative may also recover a reasonable attorney fee as fixed by the court, to be assessed as part of the costs of the action.

(6)

Intentionally left blank —Ed.

(a)

No specialty society, association of physicians, or licensed physician may discriminate against any person licensed to practice medicine if the physician is qualified for membership in the specialty society or association. If board certification or eligibility in a specialty is a membership requirement, certification or eligibility by either the American Board of Medical Specialties or the American Osteopathic Association based upon the applicant’s training as a doctor of medicine or doctor of osteopathy, is sufficient. Notwithstanding any other remedies provided under this article 240, a licensed physician who is discriminated against in violation of this section shall have a private right of action against the licensed physician or specialty society or association that so discriminates.

(b)

Any licensed physician, specialty society, or association of physicians held liable for a violation of this subsection (6) shall pay the costs and reasonable attorney fees incurred by the aggrieved physician associated with his or her pursuit of any claim for relief authorized by this subsection (6).

(7)

The board may apply in accordance with section 12-20-406 for an injunction to enjoin any person from committing any act prohibited by this article 240.

Source: Section 12-240-135 — Unauthorized practice - penalties - injunctive relief, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑240‑101
Short title 12‑240‑102
Legislative declaration 12‑240‑103
Applicability of common provisions 12‑240‑104
Definitions 12‑240‑105
Colorado medical board - immunity - subject to review - repeal of article 12‑240‑106
Powers and duties of board - limitation on authority - rules 12‑240‑107
Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules 12‑240‑108
Collaboration with advanced practice registered nurses and certified midwives with prescriptive authority - mentorships 12‑240‑109
Child health associates - scope of practice 12‑240‑110
Qualifications for licensure 12‑240‑111
Distinguished foreign teaching physician license - qualifications - rules 12‑240‑112
Anesthesiologist assistant license - qualifications 12‑240‑113
Physician assistant license - qualifications 12‑240‑114
International medical graduates - degree equivalence 12‑240‑114.5
Physician assistants - collaboration requirements - proof of practice hours from another jurisdiction - liability - definitions 12‑240‑115
Applications for license 12‑240‑116
Licensing panel 12‑240‑117
Issuance of licenses - prior practice prohibited 12‑240‑118
Pro bono license - qualifications - reduced fee - rules 12‑240‑119
Reentry license - period of inactivity - international medical graduate - competency assessment - board rules - conversion to full license 12‑240‑120
Refusal of license - issuance subject to probation 12‑240‑121
Unprofessional conduct - definitions 12‑240‑122
Prescriptions - requirement to advise patients 12‑240‑123
Prescriptions - limitations 12‑240‑124
Prescribing opiate antagonists 12‑240‑125
Disciplinary action by board - rules 12‑240‑126
Confidential agreements to limit practice 12‑240‑127
Appeal of final board actions 12‑240‑128
Physician training licenses 12‑240‑129
Intern, resident, or fellow reporting 12‑240‑130
Renewal, reinstatement, delinquency - fees - questionnaire 12‑240‑131
Peer health assistance program 12‑240‑132
Division of fees - independent advertising or marketing agent - definition 12‑240‑133
Recovery of fees illegally paid 12‑240‑134
Liability of persons other than licensee 12‑240‑135
Unauthorized practice - penalties - injunctive relief 12‑240‑136
Existing licenses 12‑240‑137
Postmortem examinations by licensee - definition - application of this section 12‑240‑138
Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of medicine - definitions 12‑240‑139
Injuries to be reported - penalty for failure to report - immunity from liability - definitions 12‑240‑140
Determination of death 12‑240‑141
Inactive license 12‑240‑142
Protection of medical records - licensee’s obligations - verification of compliance - noncompliance grounds for discipline - rules 12‑240‑143
Medical marijuana recommendations - guidelines 12‑240‑144
Licensee duties relating to assistance animals - definitions 12‑240‑145
Prescription medications - financial benefit for prescribing prohibited
Green check means up to date. Up to date

Current through Fall 2024

§ 12-240-135’s source at colorado​.gov