Exclusions.

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(1) This part 2 does not affect or apply to:

  1. The gratuitous care of friends or family members;

  2. A person for hire who does not represent himself or herself as or hold himself orherself out to the public as a certified nurse aide. However, a person for hire who is not a nurse aide certified under this part 2 shall not perform the duties of or hold himself or herself out as being able to perform the full duties of a certified nurse aide.

  3. Nursing assistance in the case of an emergency;

  4. A person who is directly employed by a medical facility while acting within thescope and course of employment for the first four consecutive months of the person's employment at the medical facility if the employment is part of an approved training program prior to certification and the certification is not by endorsement pursuant to section 12-255-204. A person may utilize this exclusion only once in any twelve-month period. This exclusion does not apply to any person who has allowed the person's certification to lapse, had the person's certification as a nurse aide suspended or revoked, or had an application for certification denied.

  5. Any person licensed, certified, or registered by the state of Colorado who is actingwithin the scope of the license, certificate, or registration;

  6. Any person performing services pursuant to sections 12-255-131, 25.5-10-204 (2)(j),27-10.5-103 (2)(i), and part 3 of article 1.5 of title 25.

Source: L. 2020: Entire part added with relocations, (HB 20-1183), ch. 157, p. 693, § 29, effective July 1.

Editor's note: This section is similar to former § 12-260-120 as it existed prior to 2020.


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