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LEGALESE

Licensure Application and Response

7/12/2021

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On behalf of the state- and nationwide Ayurvedic community, COLORAMA submitted an application to the 2018 Sunrise Review process proposing that Ayurveda become a licensed medical profession in Colorado.

Here below, please find the complete text of our application and the subsequent response submitted by the Colorado Department of Regulatory Agencies (DORA).
​

Colorama Sunrise Review Application
​


​Official Response From DORA


​

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2018 Town Hall

7/12/2021

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At this 2018 event, your COLORAMA Board presents its understanding of the current legal status of Ayurveda in the United States and proposes a near- and long-term vision for the advancement of the profession.
​
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Above Board Event with Bob Lees, ESQ

7/12/2021

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Watch these recordings of a 2017 presentation featuring attorney Robert A. Lees and COLORAMA to learn about the legal and ethical boundaries for a successful private holistic healing practice in the state of Colorado.

​Know your scope of practice. Keep your clients and yourself protected.

ROBERT A. LEES
Robert A. Lees has been practicing law since 1977. In 1983, he founded Robert A. Lees & Associates law firm in Greenwood Village, CO. He has published numerous books and articles and taught courses on complex legal topics, such as regulatory law, mental health professionals, corporate taxation, nonprofits and educational facilities. The Robert A. Lees & Associates law firm devotes a large part of their practice to serving the unique needs of mental health professionals and organizations. In addition to legal representation, they offer educational, business and consulting services. Consult Robert A. Lees & Associates for comprehensive representation on personal, professional and corporate matters.
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Disclosure duties — Subsection (7)

7/12/2021

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

Please consider its contents carefully as you establish professional communication practices with your clients.

CLICK HERE TO READ THIS IMPORTANT DOCUMENT IN ITS ENTIRETY

SUBSECTION (7)

(a) ANY PERSON PROVIDING COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES IN THIS STATE WHO
  • IS NOT LICENSED, CERTIFIED, OR REGISTERED BY THE STATE AS A HEALTH CARE PROFESSIONAL,
  • IS NOT REGULATED BY A PROFESSIONAL BOARD OR THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES PURSUANT TO TITLE 12, C.R.S., AND
  • IS ADVERTISING OR CHARGING A FEE FOR HEALTH CARE SERVICES

SHALL PROVIDE TO EACH CLIENT DURING THE INITIAL CLIENT CONTACT THE FOLLOWING INFORMATION IN A PLAINLY WORDED WRITTEN STATEMENT:
  • (I) THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER'S NAME, BUSINESS ADDRESS, TELEPHONE NUMBER, AND ANY OTHER CONTACT INFORMATION FOR THE PRACTITIONER;
  • (II) THE FACT THAT THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER IS NOT LICENSED, CERTIFIED, OR REGISTERED BY THE STATE AS A HEALTH CARE PROFESSIONAL;
  • (III) THE NATURE OF THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES TO BE PROVIDED;
  • (IV) A LISTING OF ANY DEGREES, TRAINING, EXPERIENCE, CREDENTIALS, OR OTHER QUALIFICATIONS THE PERSON HOLDS REGARDING THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES HE OR SHE PROVIDES;
  • (V) A STATEMENT THAT THE CLIENT SHOULD DISCUSS ANY RECOMMENDATIONS MADE BY THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER WITH THE CLIENT'S PRIMARY CARE PHYSICIAN, OBSTETRICIAN, GYNECOLOGIST, ONCOLOGIST, CARDIOLOGIST, PEDIATRICIAN, OR OTHER BOARD-CERTIFIED PHYSICIAN; AND
  • (VI) A STATEMENT INDICATING WHETHER OR NOT THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER IS COVERED BY LIABILITY INSURANCE APPLICABLE TO ANY INJURY CAUSED BY AN ACT OR OMISSION OF THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER IN PROVIDING COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES PURSUANT TO THIS SECTION.

(b) BEFORE A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER PROVIDES COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES FOR THE FIRST TIME TO A CLIENT, THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER SHALL
  • OBTAIN A WRITTEN, SIGNED ACKNOWLEDGMENT FROM THE CLIENT STATING THAT THE CLIENT HAS RECEIVED THE INFORMATION DESCRIBED IN PARAGRAPH (a) OF THIS SUBSECTION (7).
  • GIVE A COPY OF THE ACKNOWLEDGMENT TO THE CLIENT AND SHALL RETAIN THE ORIGINAL OR A COPY OF THE ACKNOWLEDGMENT FOR AT LEAST TWO YEARS AFTER THE LAST DATE OF SERVICE.
​
(c) A COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER SHALL NOT REPRESENT IN ANY ADVERTISEMENT FOR COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES THAT THE COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONER IS LICENSED, CERTIFIED, OR REGISTERED BY THE STATE AS A HEALTH CARE PROFESSIONAL.
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Prohibitions to legal Practice — subsection (6)

7/12/2021

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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.

click here to read this important document in its entirety

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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health Freedom + Scope of Practice

7/12/2021

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THE LEGAL PRACTICE OF AYURVEDA IN COLORADO 
IS GOVERNED BY THE 2013 SENATE BILL 13-215
“COLORADO NATURAL HEALTH CONSUMER PROTECTION ACT”

CLICK HERE TO READ THIS IMPORTANT DOCUMENT IN ITS ENTIRETY
Here are some relevant excerpts (emphasis added):

BECAUSE THE STATE RECOGNIZES AND VALUES THE FREEDOM OF CONSUMERS TO CHOOSE THEIR HEALTH CARE PROVIDERS, INCLUDING THE ABILITY TO CHOOSE A PERSON WHO IS NOT REGULATED BY THE STATE,
THE INTENT OF THIS SECTION IS TO PROTECT CONSUMER CHOICE 
AND, IN CONSIDERATION OF THE PUBLIC'S HEALTH AND SAFETY, TO REMOVE TECHNICAL BARRIERS TO ACCESS TO UNREGULATED HEALTH CARE PRACTITIONERS AND INCLUDE APPROPRIATE CONSUMER PROTECTIONS AND DISCLOSURE.

COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES" INCLUDE:

​(A) HEALING PRACTICES USING FOOD;
FOOD EXTRACTS;
DIETARY SUPPLEMENTS, AS DEFINED IN THE FEDERAL "DIETARY SUPPLEMENT HEALTH AND EDUCATION ACT OF 1994", PUB.L. 103-417;
NUTRIENTS;
HOMEOPATHIC REMEDIES AND PREPARATIONS; AND
THE PHYSICAL FORCES OF HEAT, COLD, WATER, TOUCH, SOUND, AND LIGHT;


(B) STRESS REDUCTION HEALING PRACTICES; AND

(C) MIND-BODY AND ENERGETIC HEALING PRACTICES

A PERSON
  • WHO IS NOT LICENSED, CERTIFIED, OR REGISTERED BY THE STATE AS A HEALTH CARE PROFESSIONAL AND
  • WHO IS PRACTICING COMPLEMENTARY AND ALTERNATIVE HEALTH CARE SERVICES CONSISTENT WITH THIS SECTION
DOES NOT VIOLATE ANY STATUTE RELATING TO A HEALTH CARE PROFESSION OR PROFESSIONAL PRACTICE ACT UNLESS THE PERSON:

(I) ENGAGES IN AN ACTIVITY PROHIBITED IN SUBSECTION (6); OR

(II) FAILS TO FULFILL THE DISCLOSURE DUTIES SPECIFIED IN SUBSECTION (7).

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    Categories

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    Above Board Event
    Disclosure Duties
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    Scope Of Practice
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    Town Hall Event

    DISCLAIMER:

    Nothing on this page purports to serve as legal advice.

    COLORAMA is a 501c(6) non-profit devoted to the protection and promotion of Ayurveda in Colorado.

    COLORAMA does not offer legal services of any kind.

    All content presented here is publicly available information COLORAMA has compiled on behalf of its members.
    ​.

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COLORAMA
​Telephone

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Email

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Copyright 2022
COLORAMA 
COLORAMA is a non-profit organization of Āyurveda professionals. To book a consultation, please visit our Practitioners page.
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