C.R.S. § 12-300-101 Short title
12-300-101. Short title. The short title of this article 300 is the "Respiratory Therapy Practice Act".
Respiratory Therapists
C.R.S. tit. 12, art. 300
in effectC.R.S. § 12-300-102 Legislative declaration
12-300-102. Legislative declaration. The general assembly hereby finds, determines, and declares that the practice of respiratory therapy in the state of Colorado affects the public health, safety, and welfare of its citizens and must be subject to regulation and control to protect the public from the unqualified practice of respiratory therapy and from unprofessional conduct. The general assembly further recognizes the practice of respiratory therapy to be a dynamic and changing art and science that is continually evolving to include new ideas and ever more sophisticated techniques in patient care.
C.R.S. § 12-300-103 Applicability of common provisions
12-300-103. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 300.
C.R.S. § 12-300-104 Definitions
12-300-104. Definitions. As used in this article 300, unless the context otherwise requires:
(1) "Medical director" means a licensed physician who holds such title in any inpatient or outpatient facility, department, or home care agency, and who is responsible for the quality, safety, and appropriateness of the respiratory therapy provided.
(2) "Respiratory therapist" means a person who is licensed to practice respiratory therapy pursuant to this article 300.
(3) "Respiratory therapy" means providing therapy, management, rehabilitation, support services for diagnostic evaluation, and care of patients with deficiencies and abnormalities that affect the pulmonary system under the overall direction of a medical director. Respiratory therapy includes the following:
(a) Direct and indirect pulmonary care services that are safe, aseptic, preventive, and restorative to the patient;
(b) The teaching or instruction of the techniques and skill of respiratory care whether or not in a formal educational setting;
(c) Direct and indirect respiratory care services, including the administration of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, and pulmonary rehabilitative or diagnostic regimen prescribed by a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife;
(d) Observation and monitoring of signs, symptoms, reactions, general behavior, and general physical response to respiratory care treatment and diagnostic testing for:
(I) The determination of whether such signs, symptoms, reactions, behavior, or general response exhibit abnormal characteristics; or
(II) The implementation based on observed abnormalities of appropriate reporting, referral, or respiratory care protocols or changes in treatment regimen pursuant to a prescription by a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife or the initiation of emergency procedures;
(e) The diagnostic and therapeutic use of the following in accordance with the prescription of a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife:
(I) Administration of medical gases, exclusive of general anesthesia;
(II) Aerosols;
(III) Humidification;
(IV) Environmental control systems and biomedical therapy;
(V) Pharmacologic agents related to respiratory care procedures;
(VI) Mechanical or physiological ventilatory support;
(VII) Bronchopulmonary hygiene;
(VIII) Respiratory protocol and evaluation;
(IX) Cardiopulmonary resuscitation;
(X) Maintenance of the natural airways;
(XI) Insertion and maintenance of artificial airways;
(XII) Diagnostic and testing techniques required for implementation of respiratory care protocols;
(XIII) Collection of specimens from the respiratory tract; or
(XIV) Analysis of blood gases and respiratory secretions and participation in cardiopulmonary research; and
(f) The transcription and implementation of the written and verbal orders of a physician pertaining to the practice of respiratory care.
C.R.S. § 12-300-105 Use of titles restricted
12-300-105. Use of titles restricted. A respiratory therapist, but no other person, may use the title "licensed respiratory therapist" or the letters "L.R.T."
C.R.S. § 12-300-106 Limitations on authority
12-300-106. Limitations on authority. Nothing in this article 300 shall be construed as authorizing a respiratory therapist to perform the practice of medicine, surgery, or any other form of healing except as authorized by the provisions of this article 300.
C.R.S. § 12-300-107 License - effectiveness - fee
12-300-107. License - effectiveness - fee. (1) An applicant for a license to practice respiratory therapy shall submit to the director evidence that he or she is credentialed by a national respiratory therapy credentialing body, as determined by the director, as a certified or registered respiratory therapist and shall pay a fee as determined by the director. The director shall maintain on file the standards of practice for examination and accreditation by the national respiratory therapy credentialing body determined by the director pursuant to this subsection (1) and make the standards available to the public.
(2) The director shall issue a license to practice respiratory therapy to an applicant who otherwise meets the qualifications set forth in this article 300 and who submits satisfactory proof and certifies under penalty of perjury that the applicant is either:
(a) Eligible for licensure by endorsement pursuant to the occupational credential portability program; or
(b) Holding credentials conferred by a national respiratory therapy credentialing body, as determined by the director, which credentials have not been suspended or revoked.
(c) (Deleted by amendment, L. 2024.)
C.R.S. § 12-300-108 Renewal of license
12-300-108. Renewal of license. Licenses issued pursuant to this article 300 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired is subject to the penalties provided in this article 300 or section 12-20-202 (1).
C.R.S. § 12-300-109 Grounds for action - disciplinary proceedings
12-300-109. Grounds for action - disciplinary proceedings. (1) The director may take disciplinary action against a licensee if the director finds that the person has represented himself or herself to be a licensed respiratory therapist after the expiration or suspension of his or her license.
(2) The director has the power to take disciplinary or other action as authorized in section 12-20-404 against a licensee in accordance with subsections (4), (5), (6), and (8) of this section upon proof that the person:
(a) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact;
(b) (I) Has been convicted of or has entered and had accepted by a court a plea of guilty or nolo contendere to:
(A) A felony pursuant to section 18-1.3-401; or
(B) Any crime as defined in title 18 that relates to the person's employment as a respiratory therapist.
(II) A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be prima facie evidence of the conviction. In conjunction with any disciplinary proceeding pertaining to this subsection (2)(b), the director shall be governed by sections 12-20-202 (5) and 24-5-101.
(c) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under his or her care;
(d) Has had a license to practice respiratory therapy or any other health-care occupation suspended, revoked, or otherwise subjected to discipline in any jurisdiction. A certified copy of the order of suspension, revocation, or discipline shall be prima facie evidence of the suspension, revocation, or discipline.
(e) Has violated or has aided or knowingly permitted any person to violate this article 300 or an applicable provision of article 20 or 30 of this title 12;
(f) Practiced respiratory therapy in a manner that failed to meet generally accepted standards for respiratory therapists;
(g) Has negligently or willfully violated any order or rule of the director pertaining to the practice or licensure of respiratory therapy;
(h) Has a substance use disorder, as defined in section 27-81-102, or is an excessive or habitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects; except that the director has the discretion not to discipline the license holder if he or she is participating in good faith in an alcohol or substance use disorder treatment program approved by the director;
(i) (I) Has failed to notify the director, as required by section 12-30-108 (1), of a physical condition, physical illness, or behavioral, mental health, or substance use disorder that affects the licensee's ability to practice respiratory therapy with reasonable skill and safety or that may endanger the health or safety of persons under his or her care;
(II) Has failed to act within the limitations created by a physical condition, physical illness, or behavioral, mental health, or substance use disorder that renders the person unable to practice respiratory therapy with reasonable skill and safety or that might endanger the health or safety of persons under his or her care; or
(III) Has failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-300-111;
(j) Has committed:
(I) A fraudulent insurance act as defined in section 10-1-128;
(II) An abuse of health insurance, as set forth in section 18-13-119, or advertised through any medium that he or she will perform an act prohibited by section 18-13-119 (3);
I) Has failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-300-111;
(j) Has committed:
(I) A fraudulent insurance act as defined in section 10-1-128;
(II) An abuse of health insurance, as set forth in section 18-13-119, or advertised through any medium that he or she will perform an act prohibited by section 18-13-119 (3);
(k) Has engaged in any of the following activities or practices:
(I) Willful and repeated ordering and performance, without justification, of demonstrably unnecessary laboratory tests or studies;
(II) Administering treatment that is demonstrably unnecessary, without clinical justification;
(III) Failing to obtain consultations or perform referrals when failing to do so is inconsistent with the standard of care for the profession; or
(IV) Ordering or performing, without clinical justification, a service, procedure, or treatment that is contrary to recognized standards of the practice of respiratory therapy as interpreted by the director;
(l) Has practiced respiratory therapy without possessing a valid license issued by the director in accordance with this article 300 and any rules adopted under this article 300;
(m) Has used in connection with his or her name any designation that implies that he or she is a certified, registered, or licensed respiratory therapist, unless the person is licensed pursuant to this article 300;
(n) Has practiced respiratory therapy as a licensed respiratory therapist during the time that his or her license was suspended, revoked, or expired;
(o) Has sold, fraudulently obtained, or furnished a license to practice as a licensed respiratory therapist, or has aided or abetted the activity;
(p) Has failed to notify the director of the suspension, probation, or revocation of any of the person's past or currently held licenses, certificates, or registrations required to practice respiratory therapy in this or any other jurisdiction;
(q) Has knowingly employed any person who is not licensed in the practice of respiratory therapy in the capacity of a respiratory therapist;
(r) Has failed to respond in a timely manner to a complaint issued under this article 300; or
(s) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-300-110.
(3) The director shall revoke, suspend, deny, or refuse to renew a license, place a licensee on probation, or issue a cease-and-desist order or letter of admonition to a licensee in accordance with subsections (4), (5), (6), and (8) of this section upon proof that the person:
(a) Has falsified or repeatedly made incorrect essential entries or repeatedly failed to make essential entries on patient records;
(b) Has practiced outside of or beyond the person's area of training, experience, or competence.
(4) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to be imposed.
(5) A disciplinary proceeding may be commenced when the director has reasonable grounds to believe that a licensee has committed acts that may violate this section.
(6) Disciplinary proceedings shall be conducted pursuant to section 12-20-403 and article 4 of title 24.
(7) (a) The director may seek an injunction in accordance with section 12-20-406 to enjoin any person from committing any act prohibited by this article 300.
may be commenced when the director has reasonable grounds to believe that a licensee has committed acts that may violate this section.
(6) Disciplinary proceedings shall be conducted pursuant to section 12-20-403 and article 4 of title 24.
(7) (a) The director may seek an injunction in accordance with section 12-20-406 to enjoin any person from committing any act prohibited by this article 300.
(b) In accordance with the provisions of article 4 of title 24, this article 300, and section 12-20-403, the director is authorized to investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.
(8) If the director finds the charges proved and orders that discipline be imposed, the director may require, as a condition of reinstatement, that the licensee take such therapy or courses of training or education as may be needed to correct any deficiency found.
(9) A final action of the director may be judicially reviewed in accordance with section 12-20-408, and judicial proceedings for the enforcement of an order of the director may be instituted in accordance with section 24-4-106.
(10) An employer of a respiratory therapist shall report to the director any disciplinary action taken against the therapist or the resignation of the therapist in lieu of disciplinary action for conduct that violates this article 300.
(11) (a) Investigations, examinations, hearings, meetings, and other proceedings of the director conducted pursuant to this section shall be exempt from any law that requires:
(I) The proceedings to be conducted publicly; or
(II) The minutes or records of the director, with respect to action taken pursuant to this section, to be open to the public.
(b) Subsection (11)(a) of this section shall not apply after the director has made a decision to proceed with a disciplinary action and has served by first-class mail a notice of formal complaint on the licensee.
(12) The director may issue and send a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4).
(13) The director may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).
(14) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
C.R.S. § 12-300-110 Mental and physical examination of licensees
12-300-110. Mental and physical examination of licensees. (1) (a) If the director has reasonable cause to believe that a licensee is unable to practice with reasonable skill and safety to clients, the director may order the licensee to submit to a mental or physical examination administered by a physician or other licensed health-care professional designated by the director.
(b) If a licensee refuses to submit to a mental or physical examination that has been properly ordered by the director pursuant to subsection (2) of this section, and the refusal is not due to circumstances beyond the licensee's control:
(I) The refusal constitutes grounds for discipline pursuant to section 12-300-109 (2)(s); and
(II) The director may suspend the licensee's license in accordance with section 12-300-109 until:
(A) The licensee submits to the examination and the results of the examination are known; and
(B) The director has made a determination of the licensee's fitness to practice.
(c) The director shall proceed with an order for examination and determination of a licensee's fitness to practice in a timely manner.
(2) In an order to a licensee pursuant to subsection (1) of this section to undergo a mental or physical examination, the director shall include the basis of the director's reasonable cause to believe that the licensee is unable to practice with reasonable skill and safety. For purposes of any disciplinary proceeding authorized under this article 300, the licensee is deemed to have waived all objections to the admissibility of the examining physician'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 physician or other licensed health-care professional chosen by the licensee and pertaining to any condition that the director has alleged might preclude the licensee from practicing with reasonable skill and safety. The director may consider the testimony or examination reports in conjunction with, but not in lieu of, testimony and examination reports of the physician or other licensed health-care professional designated by the director.
(4) The results of a mental or physical examination ordered by the director must not be used as evidence in any proceeding other than one before the director, are not public records, and must not be made available to the public.
C.R.S. § 12-300-111 Confidential agreement to limit practice
12-300-111. Confidential agreement to limit practice. (1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 300.
(2) This section and section 12-30-108 do not apply to a respiratory therapist subject to discipline for prohibited activities as described in section 12-300-109 (2)(h).
C.R.S. § 12-300-112 Exceptions
12-300-112. Exceptions. (1) This article 300 does not prohibit:
(a) (I) Any practice of respiratory therapy that is an integral part of a program of study by students enrolled in an accredited respiratory therapy program. Students enrolled in respiratory therapy education programs shall be identified as "student respiratory therapists" and shall only provide respiratory therapy under direct supervision of a respiratory therapist on the premises who is available for prompt consultation or treatment.
(II) The practice of respiratory therapy by pulmonary function technology students or polysomnographic technology students that is an integral part of a program of study that leads to certification or registration for their respective disciplines. Students enrolled in those programs shall be identified as "student pulmonary functions technologists" or "student polysomnographic technologists" and shall practice only under the direct supervision of a respiratory therapist or physician or under the supervision of an individual exempted from the provisions of this article 300 pursuant to subsection (1)(g) of this section.
(III) The practice of respiratory therapy by polysomnographic technologists who are not registered by or do not hold credentials from a nationally recognized organization, but those polysomnographic technologists shall only practice under the supervision of a respiratory therapist, a physician, or an individual exempted from this article 300 pursuant to subsection (1)(g) of this section, and those polysomnographic technologists' scope of practice must not exceed oxygen titration with pulse oximetry and noninvasive positive pressure ventilation titration.
(b) Self-therapy by a patient or gratuitous therapy by a friend or family member who does not represent himself or herself to be a respiratory therapist;
(c) Any service provided during an emergency that may be included in the definition of the practice of respiratory therapy;
(d) Respiratory therapy services rendered in the course of assigned duties of persons serving in the military or persons working in federal facilities;
(e) Respiratory therapy services rendered in the course of assigned duties of persons delivering oxygen supplies, including the inspection and maintenance of associated apparatus by a person who does not represent himself or herself as a respiratory therapist;
(f) Any person registered, certified, or licensed in this state under this title 12 from engaging in the practice for which the person is registered, certified, or licensed;
(g) The practice of procedures that fall within the definition of respiratory therapy by certified pulmonary function technologists, registered pulmonary function technologists, registered polysomnographic technologists, or others who hold credentials from a nationally recognized organization as determined by the director; except that the scope of practice of a registered polysomnographic technologist must not exceed oxygen titration with pulse oximetry and noninvasive positive pressure ventilation titration;
(h) The instruction or training of persons to administer emergency oxygen during an aquatic emergency, when the instruction or training is provided by an individual who has been certified to conduct the instruction or training by a nationally recognized certifying agency; or
technologist must not exceed oxygen titration with pulse oximetry and noninvasive positive pressure ventilation titration;
(h) The instruction or training of persons to administer emergency oxygen during an aquatic emergency, when the instruction or training is provided by an individual who has been certified to conduct the instruction or training by a nationally recognized certifying agency; or
(i) The practice by an unlicensed person of procedures that fall within the definition of respiratory therapy but that do not require the unlicensed person to perform an assessment, to perform an invasive procedure as defined by the director, or to alter care beyond the scope of approved protocols, so long as the unlicensed person is under supervision as determined appropriate by the respiratory therapist and after the respiratory therapist has considered all of the following:
(I) The health status and mental and physical stability of the individual receiving care;
(II) The complexity of the procedures;
(III) The training and competence of the unlicensed person;
(IV) The proximity and availability of the respiratory therapist when the procedures are performed;
(V) The degree of supervision required for the unlicensed person;
(VI) The length and number of times that the procedure may be performed; and
(VII) The predictability of the outcome of the procedure.
C.R.S. § 12-300-113 Practice of medicine prohibited
12-300-113. Practice of medicine prohibited. Subject to section 12-240-107 (3)(m), nothing in this article 300 shall be construed to permit the practice of medicine as defined in section 12-240-107.
C.R.S. § 12-300-114 Unauthorized practice - penalties
12-300-114. Unauthorized practice - penalties. A person who practices or offers or attempts to practice respiratory therapy without an active license issued under this article 300 is subject to penalties pursuant to section 12-20-407 (1)(a).
C.R.S. § 12-300-115 Rule-making authority
12-300-115. Rule-making authority. The director shall promulgate rules pursuant to section 12-20-204.
C.R.S. § 12-300-116 Repeal of article - review of functions
12-300-116. Repeal of article - review of functions. This article 300 is repealed, effective September 1, 2035. Before the repeal, the licensure functions of the director under this article 300 are scheduled for review in accordance with section 24-34-104.
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