C.R.S. Section 12-255-133
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;

(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 12-255-133 — Licensee duties relating to assistance animals - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑255‑101
Short title 12‑255‑102
Legislative declaration 12‑255‑103
Applicability of common provisions 12‑255‑104
Definitions 12‑255‑105
State board of nursing created - removal of board members - meetings of board 12‑255‑106
Employees - executive administrator 12‑255‑107
Powers and duties of the board - rules - definition 12‑255‑108
Advisory committee 12‑255‑109
Examination 12‑255‑110
Requirements for professional nurse licensure 12‑255‑111
Requirements for advanced practice registered nurse registration - legislative declaration - advanced practice registry - rules 12‑255‑111.5
Requirements for certified midwife licensure - license by endorsement - questionnaire - fees 12‑255‑112
Prescriptive authority - advanced practice registered nurses - certified midwives - limits on prescriptions - rules - financial benefit for prescribing prohibited 12‑255‑113
Professional liability insurance required - advanced practice registered nurses and certified midwives in independent practice - rules 12‑255‑114
Requirements for practical nurse licensure 12‑255‑115
Volunteer licensure - fees - questionnaire 12‑255‑116
Persons licensed under previous laws 12‑255‑117
Temporary licenses and permits 12‑255‑118
Approval of educational programs 12‑255‑118.5
Approved nurse aide training programs 12‑255‑119
Disciplinary procedures of the board - inquiry and hearings panels - mental and physical examinations - definitions - rules 12‑255‑120
Grounds for discipline - definitions 12‑255‑121
Withholding or denial of license - hearing - definitions 12‑255‑122
Inactive license status - reactivation 12‑255‑123
Immunity in professional review 12‑255‑124
Surrender of license 12‑255‑125
Unauthorized practice - penalties 12‑255‑126
Injunctive proceedings 12‑255‑127
Exclusions 12‑255‑128
Prescribing opiate antagonists 12‑255‑129
Continuing education - rules 12‑255‑130
Peer health assistance or alternative to discipline program - fund - rules 12‑255‑131
Delegation of nursing or midwifery tasks - rules 12‑255‑132
School nurses - over-the-counter medication 12‑255‑133
Licensee duties relating to assistance animals - definitions 12‑255‑133.5
Licensee duties related to medical forensic evidence 12‑255‑134
Repeal of article - subject to review 12‑255‑135
Confidential agreement to limit practice 12‑255‑201
Nurse aide certification program - department of public health and environment to assist - funding 12‑255‑202
Application for certification - fee 12‑255‑203
Application for certification by competency evaluation 12‑255‑204
Certification by endorsement 12‑255‑205
Certification by competency evaluation 12‑255‑206
Scope of practice - rules 12‑255‑207
Advisory committee 12‑255‑208
Medication aides - training - scope of duties - rules 12‑255‑209
Grounds for discipline 12‑255‑210
Withholding or denial of certification 12‑255‑211
Mental and physical competency of nurse aides 12‑255‑212
Disciplinary proceedings - hearing officers 12‑255‑213
Surrender of certificate 12‑255‑214
Exclusions 12‑255‑215
Unauthorized practice - penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 12-255-133’s source at colorado​.gov