C.R.S. § 12-210-101 Applicability of common provisions
12-210-101. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 210.
Audiologists
C.R.S. tit. 12, art. 210
in effectC.R.S. § 12-210-102 Definitions
12-210-102. Definitions. As used in this article 210, unless the context otherwise requires:
(1) "Audiologist" means a person engaged in the practice of audiology.
(2) (a) "Hearing aid" means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories to the instrument or device, including ear molds but excluding batteries and cords.
(b) "Hearing aid" does not include a surgically implanted hearing device.
(3) "Practice of audiology" means:
(a) (I) The application of principles, methods, and procedures related to the development, disorders, and conditions of the human auditory-vestibular system, whether those disorders or conditions are of organic or functional origin, including disorders of hearing, balance, tinnitus, auditory processing, and other neural functions, as those principles, methods, and procedures are taught in accredited programs in audiology.
(II) The principles, methods, or procedures include diagnosis, assessment, measurement, testing, appraisal, evaluation, rehabilitation, treatment, prevention, conservation, identification, consultation, counseling, intervention, management, interpretation, instruction, and research related to hearing, vestibular function, balance and fall prevention, and associated neural systems, and any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language, or other aberrant behavior resulting from hearing loss, for the purpose of diagnosing, designing, and implementing audiological management and treatment or other programs for the amelioration of human auditory-vestibular system disorders and conditions.
(b) Prescribing, selecting, specifying, evaluating, assisting in the adjustment to, and dispensing of prosthetic devices for hearing loss, including hearing aids and hearing assistive devices by means of specialized audiometric equipment or by any other means accepted by the director;
(c) Determining work-related hearing loss or impairment, as defined by federal regulations;
(d) Prevention of hearing loss; and
(e) Consulting with, and making referrals to, a physician when appropriate.
(4) "Surgically implanted hearing device" means a device that is designed to produce useful hearing sensations to a person with a hearing impairment and that has, as one or more components, a unit that is surgically implanted into the ear, skull, or other interior part of the body. The term includes any associated unit that may be worn on the body.
C.R.S. § 12-210-103 Scope of article - exemption
12-210-103. Scope of article - exemption. (1) This article 210 does not apply to a person who is:
(a) Licensed pursuant to section 22-60.5-210 and not licensed under this article 210 for work undertaken as part of his or her employment by, or contractual agreement with, the public schools;
(b) Engaged in the practice of audiology in the discharge of his or her official duties in the service of the United States armed forces, public health service, Coast Guard, or veterans administration;
(c) A student enrolled in a course of study leading to a degree in audiology or the hearing or speech sciences at an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education who is practicing audiology, if the student is supervised by a licensed audiologist and the student's designated title clearly indicates his or her status as a student; or
(d) Otherwise licensed as a health professional under this title 12.
(2) Nothing in this article 210 authorizes an audiologist to engage in the practice of medicine as defined in section 12-240-107.
C.R.S. § 12-210-104 Title protection - use of title
12-210-104. Title protection - use of title. (1) It is unlawful for any person to use the following titles unless he or she is licensed pursuant to this article 210: "Audiologist", "hearing and balance audiologist", "vestibular audiologist", or any other title or abbreviation that implies that the person is an audiologist.
(2) A licensee who has a doctoral degree in audiology is entitled to use the title "Doctor" or "Dr." when accompanied by the words "Audiologist" or "Audiology" or the letters "Au.D.", "Ed.D.", "Ph.D.", "Sc.D.", or any other appropriate degree designation, and to use the title "Doctor of Audiology".
C.R.S. § 12-210-105 License required - application - fee - liability insurance - disclosure - exemption
12-210-105. License required - application - fee - liability insurance - disclosure - exemption. (1) (a) An audiologist must obtain a license from the division before engaging in the practice of audiology in this state.
(b) The director shall give each licensee a license bearing a unique license number. The licensee shall include the license number on all written contracts and receipts.
(2) To qualify for licensure as an audiologist under this article 210, a person must have:
(a) Earned a doctoral degree in audiology from a program that is or, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education, or another program approved by the director; or
(b) (I) Earned a master's degree from a program with a concentration in audiology that was conferred before July 1, 2007, from a program of higher learning that is or, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education, or another program approved by the director; and
(II) Obtained a certificate of competency in audiology from a nationally recognized certification agency.
(3) An audiologist desiring to be licensed pursuant to this article 210 must submit to the director an application containing the information described in subsection (4) of this section and must pay to the director all required fees in the amounts determined and collected by the director pursuant to section 12-20-105. The director may deny an application for a license if the required information and fees are not submitted. If an applicant or licensee fails to notify the director of a change in the submitted information within thirty days after the change, the failure is grounds for disciplinary action pursuant to section 12-210-108.
(4) An applicant must include the following information in an application for a license as an audiologist under this article 210:
(a) The audiologist's name, business address, and business telephone number;
(b) A listing of the audiologist's education, experience, and degrees or credentials, including all degrees or credentials awarded to the audiologist that are related to the practice of audiology;
(c) A statement indicating whether a local, state, or federal government agency has:
(I) Issued a license, certificate, or registration in audiology to the applicant;
(II) Suspended or revoked a license, certificate, or registration issued to the applicant;
(III) Charges or complaints pending against the applicant; or
(IV) Taken disciplinary action against the applicant;
(d) The length of time and the locations where the applicant has engaged in the practice of audiology; and
(e) If the audiologist intends to provide services to patients, proof of professional liability insurance in the form and amount determined appropriate by the director pursuant to section 12-210-111.
(5) An applicant or licensee shall report and update information as required by section 12-30-102. When reporting and updating information regarding malpractice judgments and settlements, as required by section 12-30-102 (4)(h) and (8)(a), the applicant or licensee shall include the case number, the name of the court, and names of all parties to the action.
C.R.S. § 12-210-106 Licensure - expiration - renewal - reinstatement - fees
12-210-106. Licensure - expiration - renewal - reinstatement - fees. (1) The director shall issue a license to an applicant who satisfies the requirements of this article 210.
(2) Licenses issued under this article 210 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose license has expired is subject to the penalties set forth in this article 210 or in section 12-20-202 (1).
C.R.S. § 12-210-107 Licensure by endorsement
12-210-107. Licensure by endorsement. The director shall issue a license by endorsement to engage in the practice of audiology in this state to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-210-107.5 Continuing education
12-210-107.5. Continuing education. (1) An audiologist licensed pursuant to this article 210 shall complete at least ten hours of continuing education each renewal period.
(2) Applicants for license renewal, reactivation, or reinstatement shall attest during the application process as to whether they are in compliance with this section.
(3) The director may audit compliance with this section. Audiologists shall submit documentation of their compliance with this section upon request by the director.
C.R.S. § 12-210-108 Disciplinary actions - grounds for discipline
12-210-108. Disciplinary actions - grounds for discipline. (1) Upon proof that an applicant or licensee has engaged in an activity that is grounds for discipline under subsection (2) of this section, the director may take disciplinary or other action as authorized by section 12-20-404, including:
(a) Imposing an administrative fine not to exceed two thousand five hundred dollars for each separate offense;
(b) Issuing a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4);
(c) Placing a licensee on probation pursuant to section 12-20-404 (1)(b), which entails close supervision on the terms and for the period of time that the director deems appropriate; or
(d) Denying, refusing to renew, revoking, or suspending the license of an applicant or licensee pursuant to section 12-20-404 (1)(d).
(2) The following acts constitute grounds for discipline:
(a) Making a false or misleading statement or omission in an application for licensure;
(b) Failing to notify the director of a change in the information filed pursuant to section 12-210-105;
(c) Violating any provision of this article 210, including failure to comply with the license requirements of section 12-210-105 or failure to report information as required under section 12-30-102 or 12-210-105 (5), or violating an applicable provision of article 20 or 30 of this title 12;
(d) Violating any rule promulgated by the director under this article 210;
(e) Aiding or abetting a violation, or conspiring to violate, any provision of this article 210, an applicable provision of article 20 or 30 of this title 12, any rule promulgated, or any order issued under this article 210 by the director;
(f) Failing to maintain professional liability insurance as required by section 12-210-111;
(g) Using false or misleading advertising;
(h) Violating the "Colorado Consumer Protection Act", article 1 of title 6;
(i) Causing physical harm to a customer;
(j) Failing to practice audiology according to commonly accepted professional standards;
(k) Providing services beyond the licensee's scope of educational preparation, experience, skills, or competence;
(l) Failing to adequately supervise a trainee for any of the healing arts;
(m) Employing a sales agent or employee who violates any provision of this article 210;
(n) Committing abuse of health insurance as described in section 18-13-119;
(o) Failing to comply with a final agency order or with a stipulation or agreement made with or order issued by the director;
(p) Falsifying information in any application or attempting to obtain or obtaining a license by fraud, deception, or misrepresentation;
(q) Excessively or habitually using or abusing alcohol or habit-forming drugs or habitually using a controlled substance, as defined in section 18-18-102 (5), or other drugs or substances having similar effects; except that the director has the discretion not to discipline the licensee if the licensee is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;
(r) (I) Failing to notify the director, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the licensee's ability to perform audiology with reasonable skill and safety to patients;
(II) Failing to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to perform audiology with reasonable skill and safety to the patient; or
(III) Failing to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-210-112;
(s) Refusing to submit to a physical or mental examination when so ordered by the director pursuant to section 12-210-113;
h, or substance use disorder that renders the licensee unable to perform audiology with reasonable skill and safety to the patient; or
(III) Failing to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-210-112;
(s) Refusing to submit to a physical or mental examination when so ordered by the director pursuant to section 12-210-113;
(t) Failing to respond in an honest, materially responsive, and timely manner to a complaint lodged against the licensee;
(u) In any court of competent jurisdiction, being convicted of, pleading guilty or nolo contendere to, or receiving a deferred sentence for a felony or a crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing; and
(v) Failing to notify the director, in writing and within thirty days after a judgment or settlement is entered, of a final judgment by a court of competent jurisdiction against the licensee involving malpractice of audiology or a settlement by the licensee in response to charges or allegations of malpractice of audiology and, in the case of a judgment, failing to include in the notice the name of the court, the case number, and the names of all parties to the action.
(3) The director may send the licensee a confidential letter of concern under the circumstances specified in section 12-20-404 (5).
(4) Any disciplinary action taken by another state, local jurisdiction, or the federal government against an applicant or licensee constitutes prima facie evidence of grounds for disciplinary action, including denial of a license under this article 210; except that this subsection (4) applies only to discipline for acts or omissions that are substantially similar to those set out as grounds for disciplinary action under this article 210.
C.R.S. § 12-210-109 Director - powers - duties - rules
12-210-109. Director - powers - duties - rules. (1) The director may conduct investigations and inspections in accordance with section 12-20-403 as necessary to determine whether an applicant or licensee has violated this article 210 or any rule adopted by the director under this article 210.
(2) The director may seek an injunction in accordance with section 12-20-406 to enjoin any act or practice that constitutes a violation of this article 210.
(3) The director shall determine the amount of malpractice coverage that must be obtained by an audiologist who provides services to patients.
(4) The director shall adopt rules pursuant to section 12-20-204, including rules requiring licensees to maintain records identifying customers by name, the goods or services provided to each customer other than batteries and minor accessories, and the date and price of each transaction. Licensees shall maintain the records for at least seven years after the last transaction.
C.R.S. § 12-210-109.5 Interstate compact - powers and duties of the director - rules - definitions
12-210-109.5. Interstate compact - powers and duties of the director - rules - definitions. (1) As used in this section:
(a) "Adverse action" has the meaning established in section 24-60-4102.
(b) "Commission" means the audiology and speech-language pathology compact commission established in section 24-60-4102.
(c) "Compact" means the audiology and speech-language pathology interstate compact authorized in part 41 of article 60 of title 24.
(d) "Data system" has the meaning established in section 24-60-4102.
(e) "Telehealth" has the meaning established in section 24-60-4102 with regard to delivering audiology services.
(2) With regard to the compact, the director has the following powers and duties:
(a) To facilitate Colorado's participation in the compact;
(b) To promulgate the rules necessary for the implementation, administration, and enforcement of the compact. The director shall promulgate rules in accordance with article 4 of title 24.
(c) To appoint a person to serve as a commissioner on the commission;
(d) To regulate telehealth in accordance with the compact;
(e) To notify the commission of any adverse action regarding a licensed audiologist;
(f) To provide uniform data to the data system consistent with the rules of the commission; and
(g) To approve payment of assessments levied by the commission to cover the cost of operations and activities of the commission and its staff.
C.R.S. § 12-210-110 Cease-and-desist orders - unauthorized practice - penalties
12-210-110. Cease-and-desist orders - unauthorized practice - penalties. (1) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
(2) A person who practices or offers or attempts to practice audiology services without an active audiologist license issued under this article 210 is subject to penalties pursuant to section 12-20-407 (1)(a).
C.R.S. § 12-210-111 Professional liability insurance required - rules
12-210-111. Professional liability insurance required - rules. (1) (a) Except as provided in subsection (1)(b) of this section, an audiologist shall not practice audiology unless the audiologist purchases and maintains or is covered by professional liability insurance in the form and amount determined by the director by rule.
(b) The director, by rule, may exempt or establish lesser liability insurance requirements for a class of audiologists whose practice does not require the level of public protection the director establishes pursuant to this subsection (1)(b) for all other audiologists.
(2) The professional liability insurance required by this section must cover all acts within the scope of practice of an audiologist as defined in this article 210.
C.R.S. § 12-210-112 Confidential agreements to limit practice - violation grounds for discipline
12-210-112. Confidential agreements to limit practice - violation grounds for discipline. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 210.
(2) This section and section 12-30-108 do not apply to an audiologist subject to discipline under section 12-210-108 (2)(q).
C.R.S. § 12-210-113 Mental and physical examination of licensees
12-210-113. Mental and physical examination of licensees. (1) If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety, the director may require the licensee to take a mental or physical examination by a health-care provider designated by the director. If the licensee refuses to undergo a mental or physical examination, unless due to circumstances beyond the licensee's control, the director may suspend the licensee's license until the results of the examination are known and the director has made a determination of the licensee's fitness to practice. The director shall proceed with an order for examination and determination in a timely manner.
(2) The director shall include in an order issued to a licensee under subsection (1) of this section the basis of the director's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For the purposes of a disciplinary proceeding authorized by this article 210, the licensee is deemed to have waived all objections to the admissibility of the examining health-care provider's testimony or examination reports on the ground that they are privileged communications.
(3) The licensee may submit to the director testimony or examination reports from a health-care provider chosen by the licensee pertaining to the condition that the director alleges may preclude the licensee from practicing with reasonable skill and safety. The director may consider testimony and reports submitted by the licensee in conjunction with, but not in lieu of, testimony and examination reports of the health-care provider designated by the director.
(4) A person shall not use the results of any mental or physical examination ordered by the director as evidence in any proceeding other than one before the director. The examination results are not public records and are not available to the public.
C.R.S. § 12-210-114 Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules
12-210-114. Protection of medical records - licensee's obligations - verification of compliance - noncompliance grounds for discipline - rules. (1) Each licensee shall develop a written plan to ensure the security of patient medical records. The plan must address at least the following:
(a) The storage and proper disposal of patient medical records;
(b) The disposition of patient medical records in the event the licensee dies, retires, or otherwise ceases to practice or provide audiology services to patients; and
(c) The method by which patients may access or obtain their medical records promptly if any of the events described in subsection (1)(b) of this section occurs.
(2) Upon initial licensure under this article 210, the licensee shall attest to the director that the licensee has developed a plan in compliance with this section.
(3) A licensee shall inform each patient, in writing, of the method by which the patient may access or obtain his or her medical records if an event described in subsection (1)(b) of this section occurs.
(4) A licensee who fails to comply with this section is subject to discipline in accordance with section 12-210-108.
(5) The director may adopt rules as necessary to implement this section.
C.R.S. § 12-210-115 Repeal of article - review of functions
12-210-115. Repeal of article - review of functions. This article 210 is repealed, effective September 1, 2031. Before the repeal, the licensing and supervisory functions of the director are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-210-201 Definitions
12-210-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Dispenser" means a person licensed in the practice of audiology pursuant to part 1 of this article 210 who dispenses hearing aids.
C.R.S. § 12-210-202 Dispensing hearing aids - deceptive trade practices
12-210-202. Dispensing hearing aids - deceptive trade practices. (1) In addition to any other deceptive trade practices under section 6-1-105, a dispenser engages in a deceptive trade practice when the dispenser:
(a) Fails to deliver to each person to whom the dispenser dispenses a hearing aid a receipt that:
(I) Bears the business address of the dispenser, together with specifications as to the make and serial number of the hearing aid furnished and the full terms of the sale clearly stated. If the dispenser dispenses a hearing aid that is not new, the dispenser shall clearly mark on the hearing aid container and the receipt the term "used" or "reconditioned", whichever is applicable, within the terms of the guarantee, if any.
(II) Bears, in no smaller type than the largest used in the body of the receipt, in substance, a provision that the buyer has been advised at the outset of the buyer's relationship with the dispenser that any examination or representation made by a dispenser in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice;
(III) Bears, in no smaller type than the largest used in the body of the receipt, a provision indicating that dispensers who are licensed by the department are regulated by the division; and
(IV) Bears a provision labeled "warranty" in which the exact warranty terms and periods available from the manufacturer are documented, or includes an original or photocopy of the original manufacturer's warranty with the receipt;
(b) Dispenses a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting;
(c) Dispenses, adjusts, provides training or teaching in regard to, or otherwise services surgically implanted hearing devices unless the dispenser is an audiologist or physician;
(d) Fails to recommend in writing, prior to fitting or dispensing a hearing aid, that the best interests of the prospective user would be served by consulting a licensed physician specializing in diseases of the ear, or any licensed physician, if any of the following conditions exist:
(I) Visible congenital or traumatic deformity of the ear;
(II) Active drainage of the ear, or a history of drainage of the ear within the previous ninety days;
(III) History of sudden or rapidly progressive hearing loss;
(IV) Acute or chronic dizziness;
(V) Unilateral hearing loss of sudden onset within the previous ninety days;
(VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;
(VII) Visible evidence of significant cerumen accumulation on, or a foreign body in, the ear canal; or
(VIII) Pain or discomfort in the ear;
dly progressive hearing loss;
(IV) Acute or chronic dizziness;
(V) Unilateral hearing loss of sudden onset within the previous ninety days;
(VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;
(VII) Visible evidence of significant cerumen accumulation on, or a foreign body in, the ear canal; or
(VIII) Pain or discomfort in the ear;
(e) Fails to provide a minimum thirty-day rescission period with the following terms:
(I) The buyer has the right to cancel the purchase for any reason before the expiration of the rescission period by giving or mailing written notice of cancellation to the dispenser and presenting the hearing aid to the dispenser, unless the hearing aid has been lost or significantly damaged beyond repair while in the buyer's possession and control. The rescission period is tolled for any period during which a dispenser takes possession or control of a hearing aid after its original delivery.
(II) The buyer, upon cancellation, is entitled to receive a full refund of any payment made for the hearing aid within thirty days after returning the hearing aid to the dispenser, unless the hearing aid was significantly damaged beyond repair while in the buyer's possession and control.
(III) (A) The dispenser shall provide a written receipt or contract to the buyer that includes, in immediate proximity to the space reserved for the signature of the buyer, the following specific statement in all capital letters of no less than ten-point, bold-faced type:
THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT ON THE [Insert applicable rescission period, which must be no shorter than thirty days after receipt of the hearing aid] CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE DISPENSER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER'S CONTROL.
(B) The written contract or receipt provided to the buyer must also contain a statement, in print size no smaller than ten-point type, that the sale is void and unenforceable if the hearing aid being purchased is not delivered to the consumer within thirty days after the date the written contract is signed or the receipt is issued, whichever occurs later. The written contract or receipt must also include the dispenser's license number, if the dispenser is required to be licensed by the state, and a statement that the dispenser will promptly refund all money paid for the purchase of the hearing aid if it is not delivered to the consumer within the thirty-day period. The buyer cannot waive this requirement, and any attempt to waive it is void.
(IV) A refund request form must be attached to each receipt and must contain the information in subsection (1)(a)(I) of this section and the statement, in all capital letters of no less than ten-point, bold-faced type:
REFUND REQUEST - THIS FORM MUST BE POSTMARKED BY _________ [Date to be filled in]. NO REFUND WILL BE GIVEN UNTIL THE HEARING AID OR HEARING AIDS ARE RETURNED TO THE DISPENSER.
A space for the buyer's address, telephone number, and signature must be provided. The buyer is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the dispenser. If the hearing aid is sold in the buyer's home, the buyer may require the dispenser to arrange the return of the hearing aid.
D OR HEARING AIDS ARE RETURNED TO THE DISPENSER.
A space for the buyer's address, telephone number, and signature must be provided. The buyer is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the dispenser. If the hearing aid is sold in the buyer's home, the buyer may require the dispenser to arrange the return of the hearing aid.
(f) Represents that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the terms "doctor", "clinic", "state-licensed clinic", "state-registered", "state-certified", or "state-approved", or any other term, abbreviation, or symbol when it would:
(I) Falsely give the impression that service is being provided by persons trained in medicine or that the dispenser's service has been recommended by the state when that is not the case; or
(II) Be false or misleading;
(g) Directly or indirectly:
(I) Gives or offers to give, or permits or causes to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by the dispenser; except that a dispenser does not violate this subsection (1)(g)(I) if the dispenser pays an independent advertising or marketing agent compensation for advertising or marketing services the agent rendered on the dispenser's behalf, including compensation that is paid for the results or performance of the services on a per-patient basis; or
(II) Influences or attempts to influence any person to refrain from dealing in the products of competitors;
(h) Dispenses a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing aids, except when selling a replacement hearing aid within one year after the date of the original purchase;
(i) Makes a false or misleading statement of fact concerning goods or services or the buyer's right to cancel with the intention or effect of deterring or preventing the buyer from exercising the buyer's right to cancel, or refuses to honor a buyer's request to cancel a contract for the purchase of a hearing aid, if the request was made during the rescission period set forth in subsection (1)(e) of this section;
(j) Employs a device, a scheme, or an artifice with the intent to defraud a buyer of a hearing aid;
(k) Intentionally disposes of, conceals, diverts, converts, or otherwise fails to account for any funds or assets of a buyer of a hearing aid that is under the dispenser's control; or
(l) Charges, collects, or recovers any cost or fee for any good or service that has been represented by the dispenser as free.
(2) (a) This section applies to a dispenser who dispenses hearing aids in this state.
(b) This section does not apply to the dispensing of hearing aids outside of this state so long as the transaction either conforms to this section or to the applicable laws and rules of the jurisdiction in which the transaction takes place.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026