Civil penalties.

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(1) No action may be maintained against a recipient of acupuncture services for breach of a contract involving the rendering of acupuncture services provided under the contract by an acupuncturist who has committed, with respect to the recipient, any act prohibited by section 12-200-109 (1).

  1. When a patient, a patient's insurer, or a patient's legal guardian or representative haspaid for acupuncture services rendered by an acupuncturist who has committed, with respect to the patient, any act prohibited by section 12-200-109 (1), whether or not the patient knew that the act or acts were illegal, the patient, the patient's insurer, or the patient's legal guardian or representative may recover, in an action at law, the amount of any fees paid for the acupuncture services and reasonable attorney fees.

  2. The criminal and civil penalties specified under this article 200 are not exclusive butcumulative and in addition to any other causes of action, rights, or remedies a patient may have under law.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1033, § 1, effective October 1.

Editor's note: This section is similar to former § 12-29.5-109 as it existed prior to 2019.


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