(1) The director is authorized to take disciplinary action pursuant to section 12-235-112 against any person who has:
Advertised, represented, or held himself or herself out as a licensed massage therapistafter the expiration, suspension, or revocation of his or her license;
Engaged in a sexual act with a client while a therapeutic relationship exists. For thepurposes of this subsection (1)(b):
"Sexual act" means sexual contact, sexual intrusion, or sexual penetration as definedin section 18-3-401.
"Therapeutic relationship" means the period of time commencing with the initialsession of massage and ending upon written termination of the relationship from either party.
Failed to refer a patient to a general health care practitioner when the services required by the client are beyond the level of competence of the massage therapist or beyond the scope of massage practice;
Falsified information in any application or attempted to obtain or obtained a licenseby fraud, deception, or misrepresentation;
Fraudulently obtained or furnished a massage therapy license; a renewal or reinstatement of a license, diploma, certificate, or record; or aided and abetted any of those acts;
A substance use disorder, as defined in section 27-81-102, or a dependence on oraddiction to alcohol or any habit-forming drug, or who abuses or engages in the habitual or excessive use of any habit-forming drug or any controlled substance as defined in section 18-18102 (5), but the director may take into account the licensee's participation in a substance use disorder treatment program when considering disciplinary action;
(I) Failed to notify the director of a physical condition, physical illness, or behavioral, mental health, or substance use disorder that affects the licensee's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of clients receiving massage services from the licensee;
Failed to act within the limitations created by a physical illness, physical condition,or behavioral, mental health, or substance use disorder that renders the licensee unable to practice massage therapy with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or
Failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-235-117;
Refused to submit to a physical or mental examination when so ordered by the director pursuant to section 12-235-114;
Failed to notify the director, in writing, of the entry of a final judgment by a court ofcompetent jurisdiction in favor of any party and against the licensee for malpractice of massage therapy or any settlement by the licensee in response to charges or allegations of malpractice of massage therapy. The notice shall be given within ninety days after the entry of the judgment or settlement and, in the case of a judgment, shall contain the name of the court, the case number, and the names of all parties to the action.
Been convicted of, pled guilty or nolo contendere to, or received a deferred sentencefor a felony or a crime for which the act giving rise to the crime was related to the practice of massage therapy or was perpetrated against a massage client during a therapeutic relationship, as defined in subsection (1)(b)(II) of this section; or committed any act specified in this section. A certified copy of a document from a court of competent jurisdiction documenting a conviction or entry of a plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
Advertised, represented, held himself or herself out in any manner, or used any designation in connection with his or her name as a massage therapist without being licensed or exempt pursuant to this article 235;
Violated or aided or abetted a violation of any provision of this article 235, an applicable provision of article 20 or 30 of this title 12, any rule adopted under this article 235, or any lawful order of the director;
Been convicted of, pled guilty or nolo contendere to, or received a deferred sentencefor a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitutionrelated offense, or any human-trafficking-related offense as described in sections 18-3-503 and
18-3-504, whether or not the act was committed in Colorado;
Failed to report to the director the surrender of a massage therapy license, certification, or registration to, or an adverse action taken against a license, certification, or registration by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for acts that constitute grounds for discipline under this article 235;
Committed an act that does not meet, or failed to perform an act necessary to meet,generally accepted standards of massage therapy care;
Used fraudulent, coercive, or dishonest practices, or demonstrated incompetence oruntrustworthiness, in this state or elsewhere; or
Exposed an intimate part of his or her body to the view of a client or any personpresent with the client, or performed an act of masturbation in the presence of a client. For the purposes of this subsection (1)(q):
"Intimate part" means the external genitalia, the perineum, the anus, the buttocks, thepubes, or the breast of any person.
"Masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area, regardless of whether the genitals or pubic area is exposed or covered.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1161, § 1, effective October 1. L. 2020: (1)(f) amended, (SB 20-007), ch. 286, p. 1411, § 33, effective July 13.
Editor's note: This section is similar to former § 12-35.5-111 as it existed prior to 2019.