Colorado § 12-200-114 - Director - powers and duties - rules.

§ 12-200-114. Director - powers and duties - rules.

(1) In addition to any other powers and duties conferred by this article 200, the director has the following powers and duties:

(a) To adopt rules pursuant to section 12-20-204;

(b) To accept or deny applications for licensure and to collect the annual license fees authorized by this article 200;

(c) To inspect on a complaint basis any premises where acupuncture services are provided to ensure compliance with this article 200 and the rules adopted pursuant thereto;

(d) To contract with the department of public health and environment or others to provide appropriate services as needed to carry out the inspections authorized with respect to the proper cleaning and sterilization of needles and the sanitation of acupuncture offices;

(e) To make investigations, hold hearings, and take evidence in accordance with section 12-20-403 with respect to any complaint against any licensee when the director has reasonable cause to believe that the licensee is violating any of the provisions of this article 200;

(f) To conduct any other meetings or hearings necessary to carry out the provisions of this article 200;

(g) Through the department of regulatory agencies, and subject to appropriations made to the department of regulatory agencies, to employ administrative law judges on a full-time or part-time basis to conduct any hearings required by this article 200;

(h) To seek an injunction in accordance with section 12-20-406 to enjoin any person from committing any act prohibited by this article 200;

(i) To order the physical or mental examination of an acupuncturist if the director has reasonable cause to believe that the acupuncturist is subject to a physical or mental disability that renders the acupuncturist unable to treat patients with reasonable skill and safety or that may endanger a patient's health or safety; and the director may order an examination whether or not actual injury to a patient is established;

(j) To report to the United States department of health and human services, pursuant to applicable federal law and regulations, any adverse action taken against the license of any acupuncturist;

(k) To adopt rules regarding the ability of an acupuncture aide to perform specified tasks under the supervision of an acupuncturist, including:

(I) The specific tasks an acupuncture aide may perform and the specific tasks an acupuncture aide is prohibited from performing;

(II) The requirements for the training and supervision of acupuncture aides; and

(III) The number of acupuncture aides an acupuncturist may supervise; and

(l) To adopt rules establishing the appropriate use of telehealth to provide acupuncture services.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1033, § 1, effective October 1. L. 2022: IP(1) amended and (1)(k) and (1)(l) added, (HB 22-1263), ch. 254, p. 1853, § 13, effective September 1.

Editor's note: This section is similar to former § 12-29.5-110 as it existed prior to 2019.