(1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
(a) (I) Claims, either orally or in writing, to possess either an academic degree or an honorary degree or the title associated with said degree, unless the person has, in fact, been awarded said degree from an institution that is:
Accredited by a regional or professional accrediting agency recognized by the United States department of education or the council on postsecondary accreditation, or is recognized as a candidate for accreditation by such an agency;
Provided, operated, and supported by a state government or any of its political subdivisions or by the federal government;
A school, institute, college, or university chartered outside the United States, theacademic degree from which has been validated by an accrediting agency approved by the United States department of education as equivalent to the baccalaureate or postbaccalaureate degree conferred by a regionally accredited college or university in the United States;
A religious seminary, institute, college, or university that offers only educationalprograms that prepare students for a religious vocation, career, occupation, profession, or lifework, and the nomenclature of whose certificates, diplomas, or degrees clearly identifies the religious character of the educational program;
Authorized to grant degrees pursuant to article 2 of title 23, C.R.S.
This paragraph (a) shall not apply to persons claiming degrees or certificates thatwere submitted as a requirement of the application process for licensure, certification, or registration pursuant to title 12, C.R.S.
No person awarded a doctorate degree from an institution not listed in paragraph (a) of this subsection (1) shall claim in the state, either orally or in writing, the title "Dr." before the person's name or any mark, appellation, or series of letters, numbers, or words, such as, but not limited to, "Ph.D.","Ed.D.", "D.N.", or "D.Th.", which signify, purport, or are generally taken to signify satisfactory completion of the requirements of a doctorate degree, after the person's name.
(b) Claims either orally or in writing to be a "dietitian", "dietician", "certified dietitian", or "certified dietician" or uses the abbreviation "C.D." or "D." to indicate that such person is a dietitian, unless such person:
(I) Possesses a baccalaureate, masters, or doctorate degree in human nutrition, foods and nutrition, dietetics, nutrition education, food systems management, or public health nutrition from an institution that is:
Accredited by a regional or professional accrediting agency recognized by the United States department of education or the council on postsecondary accreditation, or is
recognized as a candidate for accreditation by such accrediting agency;
Authorized to grant degrees pursuant to article 2 of title 23, C.R.S.; or
A school, institute, college, or university chartered outside the United States, theacademic degree from which has been validated by an accrediting agency approved by the United States department of education as equivalent to a baccalaureate or postbaccalaureate degree conferred by a regionally accredited college or university in the United States; and (II) Meets one of the following:
Completes at least nine hundred hours of a planned, continuous, preprofessionalwork experience in a nutrition or dietetic practice under the supervision of a qualified dietitian; or
Holds a certificate of registered dietitian through the commission on dietetic registration;
Repealed.
(I) Claims either orally or in writing to be a "certified optician" or "certified opticien", unless such person holds a current certificate of competence issued by the American Board of Opticianry. Each certificate shall be prominently displayed or maintained in such person's place of business and made available for immediate inspection and review by any consumer or agent of the state of Colorado. No person may associate a service, product, or business name with the title "certified optician" unless such person holds the required certificate of competence. This subsection (1)(d) shall not apply to persons authorized under article 240 or 275 of title 12 to practice medicine or optometry.
(II) Performs or claims orally or in writing to be able to perform the following procedures, and such person is a certified optician:
(A) Vision therapy; (B) Refractions;
Automated refractions; except that a certified optician may use an auto refractor toprovide vision screenings for the sole purpose of determining if the subject of the screening needs a further eye examination;
Refractometry;
Fitting contact lenses;
Keratometry or automated keratometry; or
Any other act that constitutes the practice of optometry or the practice of medicine.
(III) A certified optician does not engage in a deceptive trade practice under subparagraph (II) of this paragraph (d), if said optician performs the described procedures under the direction and supervision of a person who has statutory authority under title 12, C.R.S., to supervise the work of others within the scope of his or her license.
(e) (I) Claims to be a "sign language interpreter", "interpreter for the deaf", "deaf interpreter", "ASL-English interpreter", "American sign language (ASL) interpreter", "translator" for sign language, "transliterator", "certified sign language interpreter", "certified translator" for sign language, "certified interpreter for the deaf", "certified deaf interpreter", "certified ASL-English interpreter", "certified American sign language (ASL) interpreter", or "certified transliterator", unless the person holds:
A currently valid certification issued by the Registry of Interpreters for the Deaf,Inc., or a successor entity; or
Any currently valid certification for sign language interpretation that is approved bythe Colorado commission for the deaf, hard of hearing, and deafblind.
(II) A person who uses any of the titles listed in this subsection (1)(e) shall make available for immediate inspection by any consumer or agent of the state:
A currently valid certification from the Registry of Interpreters for the Deaf, Inc., ora successor entity; or
A currently valid certification that is approved in accordance with subsection
(1)(e)(I)(B) of this section.
Source: L. 99: Entire part added with relocations, p. 647, § 2, effective May 18. L. 2002: (1)(c) amended, p. 97, § 1, effective August 7. L. 2006: IP(1)(b) amended, p. 1488, § 3, effective June 1. L. 2008: (1)(c) repealed, p. 829, § 2, effective July 1. L. 2009: (1)(e) added, (HB 091090), ch. 29, p. 121, § 1, effective September 1; (1)(e) amended, (SB 09-144), ch. 219, p. 993, § 12, effective August 5. L. 2019: IP(1) and (1)(e) amended, (HB 19-1069), ch. 114, p. 486, § 1, effective August 2; (1)(d)(I) amended, (HB 19-1172), ch. 136, p. 1644, § 11, effective October 1.
Editor's note: This section is similar to former § 6-1-105 (1)(dd), (1)(ee.5), (1)(ee.7), and (1)(ee.8), as it existed prior to 1999.