Colorado § 12-20-402 - Immunity.

§ 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 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) A 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 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 funeral establishments 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. L. 2026: (2) amended, (HB 26-1258), ch. 383, p. 2401, § 24, effective August 12.

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.

(3) Section 33(2) of chapter 383 (HB 26-1258), Session Laws of Colorado 2026, provides that the act changing this section applies to offenses committed; license and registration applications filed; certificates of death initiated, completed, responded to, or filed; and contracts entered into or renewed on or after August 12, 2026.

ANNOTATION

A corporate entity does not meet the definition of person and is therefore not entitled to immunity under subsection (1) for lodging a complaint under this title 12 governing a particular profession or occupation. While "person" can be defined as a corporate entity in some cases, its plain and ordinary meaning in the context of this section is a human being. Edwards v. New Century Hospice, Inc., 2023 CO 49, 535 P.3d 969.