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Writer's pictureDavid McConaghay

Professional Scope of Practice: Prohibitions to Legal Practice




What follows below is the complete text of Subsection (7) of the Colorado Natural Health Consumer Protection Act. It describes in detail the limitations placed upon the scope of practice for Alternative and Complementary Health practitioners in Colorado.


Please review it carefully as you craft and advertise your Ayurvedic offerings publicly.



SUBSECTION (6)


​​​A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITION PROVIDING COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES UNDER THIS SECTION WHO IS NOT LICENSED, CERTIFIED, OR REGISTERED BY THE STATE SHALL NOT:


(a)PERFORM SURGERY OR ANY INVASIVE PROCEDURE, INCLUDING A PROCEDURE THAT REQUIRES ENTRY INTO THE BODY THROUGH SKIN, PUNCTURE, MUCOSA, INCISION, OR OTHER INTRUSIVE METHOD, EXCEPT AS PERMITTED UNDER PARAGRAPH (g) OF THIS SUBSECTION (6);


(b) ADMINISTER OR PRESCRIBE X RAY RADIATION TO ANOTHER PERSON;


(c) PRESCRIBE, ADMINISTER, INJECT, DISPENSE, SUGGEST, OR RECOMMEND A PRESCRIPTION OR LEGEND DRUG OR A CONTROLLED SUBSTANCE OR DEVICE IDENTIFIED IN THE FEDERAL "CONTROLLED SUBSTANCES ACT", 21 U.S.C. SEC. 801 ET SEQ., AS AMENDED;


(d) USE GENERAL OR SPINAL ANESTHETICS, OTHER THAN TOPICAL ANESTHETICS;


(e) ADMINISTER IONIZING RADIOACTIVE SUBSTANCES FOR THERAPEUTIC PURPOSES;


(f) USE A LASER DEVICE THAT PUNCTURES THE SKIN, INCISES THE BODY, OR IS OTHERWISE USED AS AN INVASIVE INSTRUMENT. IF A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER USES A LASER DEVICE AS A NONINVASIVE INSTRUMENT, THE LASER DEVICE MUST BE CLEARED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR OVER-THE-COUNTER USE.


(g)PERFORM ENEMAS OR COLONIC IRRIGATION UNLESS THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER:

  • (I) MAINTAINS BOARD CERTIFICATION THROUGH THE INTERNATIONAL ASSOCIATION OF COLON HYDROTHERAPY OR THE NATIONAL BOARD FOR COLON HYDROTHERAPY OR THEIR SUCCESSOR ENTITIES;

  • (II) DISCLOSES THAT HE OR SHE IS NOT A PHYSICIAN LICENSED PURSUANT TO ARTICLE 36 OF TITLE 12, C.R.S.; AND

  • (III) RECOMMENDS THAT THE CLIENT HAVE A RELATIONSHIP WITH A LICENSED PHYSICIAN;


(h) PRACTICE MIDWIFERY;


(i) PRACTICE PSYCHOTHERAPY, AS DEFINED IN SECTION 12-43-201 (9), C.R.S.;


(j) PERFORM SPINAL ADJUSTMENT, MANIPULATION, OR MOBILIZATION;


(k) PROVIDE OPTOMETRIC PROCEDURES OR INTERVENTIONS THAT CONSTITUTE THE PRACTICE OF OPTOMETRY, AS DEFINED IN ARTICLE 40 OF TITLE 12, C.R.S.;


(l) DIRECTLY ADMINISTER MEDICAL PROTOCOLS TO A PREGNANT WOMAN OR TO A CLIENT WHO HAS CANCER;


(m) TREAT A CHILD WHO IS UNDER TWO YEARS OF AGE;


(n) TREAT A CHILD WHO IS TWO YEARS OF AGE OR OLDER BUT LESS THAN EIGHT YEARS OF AGE UNLESS THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER:

  • (I) OBTAINS THE WRITTEN, SIGNED CONSENT OF THE CHILD'S PARENT OR LEGAL GUARDIAN;

  • (II) DISCLOSES THAT HE OR SHE IS NOT A PHYSICIAN LICENSED PURSUANT TO ARTICLE 36 OF TITLE 12, C.R.S.;

  • (III) RECOMMENDS THAT THE CHILD HAVE A RELATIONSHIP WITH A LICENSED PEDIATRIC HEALTH CARE PROVIDER; AND

  • (IV) REQUESTSPERMISSIONFROMTHEPARENTORLEGALGUARDIAN FOR THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER TO ATTEMPT TO DEVELOP AND MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE CHILD'S LICENSED PEDIATRIC HEALTH CARE PROVIDER, IF THE CHILD HAS A RELATIONSHIP WITH A LICENSED PEDIATRIC HEALTH CARE PROVIDER;


(o) PROVIDE DENTAL PROCEDURES OR INTERVENTIONS THAT CONSTITUTE THE PRACTICE OF DENTISTRY, AS DEFINED IN ARTICLE 35 OF TITLE 12, C.R.S.;


(p) SET FRACTURES;


(q) PRACTICE OR REPRESENT THAT HE OR SHE IS PRACTICING MASSAGE THERAPY, WHICH, FOR PURPOSES OF THIS SECTION:

  • (I) INCLUDES PRACTICES WHERE THE PRIMARY PURPOSE IS TO PROVIDE DEEP STROKING MUSCLE TISSUE MASSAGE OF THE HUMAN BODY; AND

  • (II) EXCLUDES:

    • (A) STROKING OF THE HANDS, FEET, OR EARS; OR

    • (B) THE USE OF TOUCH, WORDS, AND DIRECTED MOVEMENT OF A HEALING ART WITHIN THE BODYWORK COMMUNITY, INCLUDING HEALING TOUCH, MIND-BODY CENTERING, ORTHOBIONOMY, REFLEXOLOGY, ROLFING, REIKI, QIGONG, MUSCLE ACTIVATION TECHNIQUES, AND PRACTICES WITH THE PRIMARY PURPOSE OF AFFECTING ENERGY SYSTEMS OF THE HUMAN BODY;



(r) PROVIDE A CONVENTIONAL MEDICAL DISEASE DIAGNOSIS TO A CLIENT;


(s) RECOMMEND THE DISCONTINUATION OF A COURSE OF CARE, INCLUDING A PRESCRIPTION DRUG, THAT WAS RECOMMENDED OR PRESCRIBED BY A HEALTH CARE PROFESSIONAL; OR


(t) HOLD ONESELF OUT AS, STATE, INDICATE, ADVERTISE, OR IMPLY TO A CLIENT OR PROSPECTIVE CLIENT THAT HE OR SHE IS A PHYSICIAN, SURGEON, OR BOTH, OR THAT HE OR SHE IS A HEALTH CARE PROFESSIONAL ​WHO IS LICENSED, CERTIFIED, OR REGISTERED BY THE STATE.

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