C.R.S. Section 12-240-144
Licensee duties relating to assistance animals

  • definitions

(1)

A licensee who is approached by a patient seeking an assistance animal as a reasonable accommodation in housing shall either:

(a)

Make a written finding regarding whether the patient has a disability and, if a disability is found, a separate written finding regarding whether the need for the animal is related to that disability; or

(b)

Make a written finding that there is insufficient information available to make a finding regarding disability or the disability-related need for the animal.

(2)

This section does not:

(a)

Change any laws or procedures related to a service animal under Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended;

(b)

Affect in any way the right of pet ownership in public housing established in 42 U.S.C. sec. 1437z-3, as amended; or

(c)

Limit the means by which a person with a disability may demonstrate, pursuant to state or federal law, that the person has a disability or that the person has a disability-related need for an assistance animal.

(3)

A licensee shall not make a determination related to subsection (1) of this section unless the licensee:

(a)

Has met with the patient in person or by telemedicine;

(b)

Is sufficiently familiar with the patient and the disability; and

(c)

Is legally and professionally qualified to make the determination.

(4)

For purposes of this section:

(a)

“Assistance animal” means an animal that qualifies as a reasonable accommodation under the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended, or section 504 of the federal “Rehabilitation Act of 1973”, 29 U.S.C. sec. 794, as amended.

(b)

“Disability” has the same meaning as set forth in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations and includes a handicap as that term is defined in the federal “Fair Housing Act”, 42 U.S.C. sec. 3601 et seq., as amended, and 24 CFR 100.201.

(c)

“Service animal” has the same meaning as set forth in the implementing regulations of Title II and Title III of the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended.

Source: Section 12-240-144 — Licensee duties relating to assistance animals - definitions, 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

§ 12-240-144’s source at colorado​.gov