Disclosure duties — Subsection (7)

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.

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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.

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(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.