Colorado § 12-295-117 - Exclusions.

§ 12-295-117. Exclusions.

(1) This article 295 does not affect or apply to the gratuitous care of a person with a behavioral or mental health disorder by friends or members of the family or to any person taking care of a person with a behavioral or mental health disorder for hire who does not represent himself or herself or hold himself or herself out to the public as a trained or licensed psychiatric technician; but a person for hire shall not hold himself or herself out as or perform the full duties of a psychiatric technician who is not a psychiatric technician licensed under the provisions of this article 295.

(2) This article 295 shall not be construed to prohibit:

(a) The practice as a psychiatric technician by students enrolled in an approved psychiatric technician education program or by graduates of an approved psychiatric technician education program pending the results of the first licensing examination scheduled by the board following their graduation;

(b) Practical nursing;

(c) Subsidiary workers in hospitals or similarly related institutions from assisting in the nursing care of patients where adequate medical and nursing supervision is provided;

(d) Subsidiary workers in the offices of persons licensed to practice medicine or dentistry in this state from assisting in the care of patients under the personal and responsible supervision and direction of those persons; or

(e) The practice of any legally qualified psychiatric technician of this state or another state who is employed by the United States government or any bureau, division, or agency thereof while in the discharge of his or her official duties.

(3) No provision of this article 295 shall be construed as applying to any sanitarium, nursing home, or rest home conducted in accordance with the practice of the tenets of any religious denomination in which persons of good faith rely solely upon spiritual means or prayer in the free exercise of religion to prevent or cure disease.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1577, § 1, effective October 1; (2)(a) amended, (SB 19-154), ch. 169, p. 1978, § 17, effective October 1.

Editor's note: (1) Subsection (1) is similar to former § 12-42-116 (1); subsections IP(2) and (2)(a) are similar to former § 12-42-116 (2); subsection (2)(b) is similar to former § 12-42-116 (3)(a); subsection (2)(c) is similar to former § 12-42-116 (3)(a); subsection (2)(d) is similar to former § 12-42-116 (3)(b); subsection (2)(e) is similar to former § 12-42-116 (3)(c); and subsection (3) is similar to former § 12-42-117, as those sections existed prior to 2019.

(2) Before its relocation in 2019, this section was amended in SB 19-154. Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.