Colorado § 12-240-135 - Unauthorized practice - penalties - injunctive relief.

§ 12-240-135. Unauthorized practice - penalties - injunctive relief.

(1) Any person who practices or offers or attempts to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant within this state without an active license issued under this article 240 is subject to penalties pursuant to section 12-20-407 (1)(a).

(2) Any person who engages in any of the following activities commits a class 6 felony and shall be punished as provided in section 18-1.3-401:

(a) Presents as his or her own the diploma, license, certificate, or credentials of another;

(b) Gives either false or forged evidence of any kind to the board or any board member in connection with an application for a license to practice medicine, practice as a physician assistant, or practice as an anesthesiologist assistant;

(c) Practices medicine, practices as a physician assistant, or practices as an anesthesiologist assistant under a false or assumed name; or

(d) Falsely impersonates another licensee of a like or different name.

(3) Any person who violates section 12-240-121 (1)(p) commits a class 5 felony, and any person committing a second or subsequent violation commits a class 3 felony; and those persons shall be punished as provided in section 18-1.3-401.

(4) No action may be maintained against an individual who has been the recipient of services constituting the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant, for the breach of a contract involving the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant or the recovery of compensation for services rendered under such a contract.

(5) When an individual has been the recipient of services constituting the unlawful practice of medicine, unlawful practice as a physician assistant, or unlawful practice as an anesthesiologist assistant, whether or not the individual knew that the rendition of the services was unlawful:

(a) The individual or the individual's personal representative is entitled to recover the amount of any fee paid for the services; and

(b) The individual or the individual's personal representative may also recover a reasonable attorney fee as fixed by the court, to be assessed as part of the costs of the action.

(6) (a) No specialty society, association of physicians, or licensed physician may discriminate against any person licensed to practice medicine if the physician is qualified for membership in the specialty society or association. If board certification or eligibility in a specialty is a membership requirement, certification or eligibility by either the American Board of Medical Specialties or the American Osteopathic Association based upon the applicant's training as a doctor of medicine or doctor of osteopathy, is sufficient. Notwithstanding any other remedies provided under this article 240, a licensed physician who is discriminated against in violation of this section shall have a private right of action against the licensed physician or specialty society or association that so discriminates.

(b) Any licensed physician, specialty society, or association of physicians held liable for a violation of this subsection (6) shall pay the costs and reasonable attorney fees incurred by the aggrieved physician associated with his or her pursuit of any claim for relief authorized by this subsection (6).

(7) The board may apply in accordance with section 12-20-406 for an injunction to enjoin any person from committing any act prohibited by this article 240.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1210, § 1, effective October 1.

Editor's note: This section is similar to former § 12-36-129 as it existed prior to 2019; except that § 12-36-129 (6) was relocated to § 12-20-406.

ANNOTATION

Law reviews. For article, "The Legality of Generative AI -- Part 2", see 52 Colo. Law. 30 (Sept. 2023).

Annotator's note. Since § 12-36-129 is similar to repealed laws antecedent to CSA, C. 109, §§ 14 and 15, relevant cases construing those provisions have been included in the annotations to this section.

If a physician has applied for and received from the board of medical examiners the necessary statutory certificate, he would thereby relieve himself from the prohibition and penalty of this section. Riley v. Collins, 16 Colo. App. 280, 64 P. 1052 (1901).

A commissioned surgeon of the United States Army is not required to have a license to practice medicine in this state. Patton v. People, 74 Colo. 322, 221 P. 1086 (1923).

Where defendant, without any license from the state board of medical examiners, maintained an office for receiving, treating, and healing the sick, assumed the title of healer, and claimed that by virtue of power from the Almighty he was able to cure any disease that was amenable to the treatment of medical men, and many that were not, also he made a charge against some of his patients, others he treated without charge, and held that though he belonged to the divine scientific healing mission, an incorporated society, the objects of which were "healing suffering humanity by the laying on of hands", though he was a preacher in that society, and held services on Sunday, where he preached and healed the sick, inasmuch as he healed the sick or complaining, for hire, he had incurred the penalties of this section. Smith v. People, 51 Colo. 270, 117 P. 612 (1911).

Under the former section, one who practiced osteopathy, not prescribing medicine or administering drugs, was not guilty of any offense, though he assumed the title of doctor. Jones v. People, 52 Colo. 130, 120 P. 125 (1911).