Colorado § 12-215-105 - Board powers - limits on authority - publications - records - rules.

§ 12-215-105. Board powers - limits on authority - publications - records - rules.

(1) The board is authorized to and shall:

(a) Adopt and from time to time revise rules pursuant to section 12-20-204;

(b) Examine, license, and renew licenses of duly qualified chiropractic applicants;

(c) Approve or refuse to approve chiropractic schools and colleges;

(d) Conduct hearings in accordance with section 12-20-403 upon complaints concerning the disciplining of chiropractors;

(e) Cause the prosecution of and seek injunctions in accordance with section 12-20-406 against all persons violating this article 215;

(f) Employ investigators;

(g) Identify and proscribe, by rule, chiropractic practices that are untrue, deceptive, or misleading.

(2) The board shall not adopt the code of ethics of any professional group or association by rule.

(3) The authority granted the board under the provisions of this article 215 shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.

(4) Publications of the board circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.

(5) The board shall keep a record of its proceedings and a register of all applications for licensing and all licensed chiropractors, such to be public records and prima facie evidence of the proceedings of the board set forth therein.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1062, § 1, effective October 1.

Editor's note: Subsection (1) is similar to former § 12-33-107; subsection (3) is similar to former § 12-33-107.5; subsection (4) is similar to former § 12-33-108 (2); and subsection (5) is similar to former § 12-33-110, as those sections existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

State board of chiropractic examiners is an "agency" of the state and may not be sued in a section 1983 civil rights action. States, state officials, and governmental entities that are considered arms of the state are not "persons" within the meaning of section 1983. Stjernholm v. Colo. State Bd. of Chiropractic Exam'rs, 820 P.2d 1166 (Colo. App. 1991).

The board performs both quasi-legislative and quasi-adjudicatory functions. Rule-making is a quasi-legislative function, and professional discipline and license suspension are quasi-judicial in nature. Bd. of Chiropractic Exam'rs v. Stjernholm, 935 P.2d 959 (Colo. 1997).

As public officials engaging in quasi-judicial actions, the state board, board members, and board attorneys enjoy absolute immunity from suit for damages, state or federal. Bd. of Chiropractic Exam'rs v. Stjernholm, 935 P.2d 959 (Colo. 1997).

However, official immunity from damages does not equate to immunity from injunctive relief under § 1983. Bd. of Chiropractic Exam'rs v. Stjernholm, 935 P.2d 959 (Colo. 1997).