C.R.S. § 12-235-101 Short title
12-235-101. Short title. The short title of this article 235 is the "Massage Therapy Practice Act".
Massage Therapists
C.R.S. tit. 12, art. 235
in effectC.R.S. § 12-235-102 Legislative declaration
12-235-102. Legislative declaration. (1) The general assembly hereby finds and declares that it is in the interest of the public health, safety, and welfare to require massage therapists to be licensed. Because proper and safe massage therapy is of statewide concern, this article 235 is deemed to be an exercise of the police powers of the state.
(2) The general assembly further declares that the practice of massage therapy by any person not licensed pursuant to this article 235 is adverse to the best interests of the people of this state. It is not, however, the intent of the general assembly in enacting this article 235 to prevent, restrict, or inhibit the practice of massage therapy by any duly licensed person.
C.R.S. § 12-235-103 Applicability of common provisions
12-235-103. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 235.
C.R.S. § 12-235-104 Definitions
12-235-104. Definitions. As used in this article 235, unless the context otherwise requires:
(1) "Advertise" means to publish, display, or disseminate information and includes, but is not limited to, the issuance of any card, sign, or direct mail, or causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, or directory, or any announcement or display via any televised, computerized, electronic, or telephonic networks or media.
(2) "Approved massage school" means:
(a) A massage therapy educational school that has a valid certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23;
(b) A massage therapy educational program certified by the Colorado community college system;
(c) A massage therapy educational entity or program that is accredited by a nationally recognized accrediting agency; or
(d) A massage therapy program at a school located outside Colorado that is approved by the director based on standards adopted by the director by rule.
(3) "Compensation" means something of value or benefit, whether in cash, in kind, or in any other form.
(4) "Massage" or "massage therapy" means a system of structured touch, palpation, or movement of the soft tissue of another person's body in order to enhance or restore the general health and well-being of the recipient. The system includes, but is not limited to, techniques such as effleurage, commonly called stroking or gliding; petrissage, commonly called kneading; tapotement or percussion; friction; vibration; compression; passive and active stretching within the normal anatomical range of movement; hydromassage; and thermal massage. The techniques may be applied with or without the aid of lubricants, salt or herbal preparations, water, heat, or a massage device that mimics or enhances the actions possible by human hands.
(5) "Massage therapist" means an individual licensed by this state to engage in the practice of massage therapy. The terms "masseuse" and "masseur" are synonymous with the term "massage therapist".
(6) "Person" means a natural person only.
C.R.S. § 12-235-105 Use of massage titles restricted
12-235-105. Use of massage titles restricted. Only a person licensed under this article 235 to practice massage therapy may use the titles "massage therapist", "licensed massage therapist", "massage practitioner", "masseuse", "masseur", the letters "M.T." or "L.M.T.", or any other generally accepted terms, letters, or figures that indicate that the person is a massage therapist.
C.R.S. § 12-235-106 Limitations on authority
12-235-106. Limitations on authority. (1) Nothing in this article 235 shall be construed as authorizing a massage therapist to perform any of the following acts:
(a) The practice of medicine pursuant to article 240 of this title 12;
(b) The practice of physical therapy pursuant to article 285 of this title 12;
(c) The practice of chiropractic pursuant to article 215 of this title 12; or
(d) Any other forms of healing or healing arts not authorized by this article 235.
C.R.S. § 12-235-107 License required
12-235-107. License required. (1) On or after July 1, 2014, except as otherwise provided in this article 235, a person in this state who practices massage therapy or who represents himself or herself as being able to practice massage therapy must possess a valid license issued by the director pursuant to this article 235 and rules promulgated pursuant to this article 235.
(2) On July 1, 2014, each active massage therapy registration becomes an active massage therapy license by operation of law. The conversion from registration to licensure does not affect any prior discipline, limitation, or condition imposed by the director on a massage therapist's registration; limit the director's authority over any registrant; or affect any pending investigation or administrative proceeding. The director shall treat any application for a massage therapist registration pending as of July 1, 2014, as an application for licensure, which application is subject to the requirements established by the director.
C.R.S. § 12-235-108 License - requirements - denial of license application
12-235-108. License - requirements - denial of license application. (1) Every applicant for a license to practice massage therapy shall:
(a) (I) Effective July 1, 2024, except as provided in subsection (1)(a)(II) of this section, attain a degree, obtain a diploma, or otherwise successfully complete a massage therapy program that consists of at least six hundred fifty total hours of coursework and clinical work from an approved massage school.
(II) An individual satisfies the requirement of subsection (1)(a)(I) of this section if the individual:
(A) Is enrolled and participating in a massage training program at an approved massage school on or before July 1, 2024; and
(B) Successfully graduates from the approved massage school on or before October 1, 2025.
(b) Pass an examination approved by the director;
(c) Submit an application in the form and manner specified by the director;
(d) Pay a fee in an amount determined by the director in accordance with section 12-20-105;
(e) Submit to a criminal history record check in the form and manner as described in subsection (2) of this section and, if necessary, subsection (2.5) of this section; and
(f) Document that the applicant will be at least eighteen years of age at the time of licensure.
(2) In addition to the requirements of subsection (1) of this section, each applicant must have his or her fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the director.
(2.5) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the director shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(3) After an applicant has fulfilled the requirements of subsections (1) and (2) of this section and, if necessary, subsection (2.5) of this section, the director shall issue a license to the applicant.
(4) The director shall issue a license by endorsement to an applicant who satisfies the requirements of the occupational credential portability program.
(5) Notwithstanding any provision of this section, the director may deny a license if the applicant has committed any act that would be grounds for disciplinary action under section 12-235-111 or if the director determines, subsequent to the criminal history record check, that the applicant was convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or a human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado.
(6) The director may deny a license if the director determines that the applicant is not competent, trustworthy, or of good moral character.
rred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or a human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado.
(6) The director may deny a license if the director determines that the applicant is not competent, trustworthy, or of good moral character.
(7) Pursuant to sections 12-20-202 (5) and 24-5-101, the director shall consider whether an applicant with a criminal record has been rehabilitated, specifically considering whether the applicant has been a victim of human trafficking and the lapse of time since the offense.
C.R.S. § 12-235-109 License expiration - effect - renewal - reinstatement - penalty
12-235-109. License expiration - effect - renewal - reinstatement - penalty. (1) Licenses issued pursuant to this article 235 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).
(2) The director shall establish application forms for renewal of licenses and reinstatement of expired licenses. A person renewing or reinstating a license shall submit an application in the form and manner set forth by the director.
C.R.S. § 12-235-110 Scope of article - exclusions - authority for clinical setting - definitions
12-235-110. Scope of article - exclusions - authority for clinical setting - definitions. (1) Nothing in this article 235 prohibits or requires a massage therapy license for any of the following:
(a) The practice of massage therapy that is a part of a program of study by students enrolled in a massage therapy program at an approved massage therapy school. Students enrolled in the programs are to be identified as "student massage therapists" and shall not hold themselves out as licensed massage therapists. Student massage therapists shall practice massage therapy only under the immediate supervision of a massage therapist holding a valid and current license. Faculty members teaching nonclinical aspects of massage therapy are not required to be licensed under this article 235.
(b) The practice of massage therapy by a person employed by the United States government or any federal governmental entity while acting in the course and scope of the employment;
(c) The practice of massage therapy by a person who is a resident of another state and who is in Colorado temporarily under one of the following circumstances:
(I) The person is traveling with and administering massage therapy to members of a professional or amateur sports organization, dance troupe, or other such athletic organization;
(II) The person provides massage therapy, without compensation, at a public athletic event such as the Olympic games, Special Olympics, youth Olympics, or marathons, if the massage therapy is provided no earlier than forty-eight hours prior to the commencement of the event and no later than twenty-four hours after the conclusion of the event;
(III) The person is part of an emergency response team or is otherwise working with or for disaster relief officials to provide massage therapy in connection with a disaster situation; or
(IV) The person is participating as a student in or instructor of an educational program, if:
(A) The program does not exceed sixteen days in duration; or
(B) The program exceeds sixteen days in duration and the person obtains a grant of an extension of time from the director prior to the seventeenth day;
(d) The person provides massage therapy to members of the person's immediate family;
(e) The person provides alternative methods that employ contact and does not hold himself or herself out as a massage therapist. For the purposes of this subsection (1)(e), "alternative methods that employ contact" include, but are not limited to:
(I) Practices using reflexology, auricular therapy, and meridian therapies that affect the reflexes of the body;
(II) Practices using touch, words, and directed movements to deepen a person's awareness of movement patterns in his or her body, such as the Feldenkrais method, the Trager approach, and body-mind centering;
(III) Practices using touch or healing touch to affect the human energy systems, such as reiki, shiatsu, and meridians;
(IV) Structural integration practices such as Rolfing and Hellerwork; and
(V) The process of muscle activation techniques.
ents to deepen a person's awareness of movement patterns in his or her body, such as the Feldenkrais method, the Trager approach, and body-mind centering;
(III) Practices using touch or healing touch to affect the human energy systems, such as reiki, shiatsu, and meridians;
(IV) Structural integration practices such as Rolfing and Hellerwork; and
(V) The process of muscle activation techniques.
(f) (I) The practice of animal massage if the person performing massage on an animal:
(A) Does not prescribe drugs, perform surgery, or diagnose medical conditions; and
(B) Has earned a degree or certificate in animal massage from a school approved by the private occupational school division of the Colorado department of higher education under article 64 of title 23, an out-of-state school offering an animal massage program with an accreditation recognized by the United States department of education, or a school that is exempt under section 23-64-104.
(II) As used in this subsection (1)(f), "animal massage" means a method of treating the body of an animal for remedial or hygienic purposes through techniques that include rubbing, stroking, kneading, or tapping with the hand or an instrument or both, which techniques may be applied with or without the aid of a massage device that mimics the actions possible using human hands.
(2) If there is a continued pattern of criminal behavior with arrests, complaints regarding sexual misconduct, or criminal intent that is related to human trafficking disguised as a legitimate exemption, the director may, at his or her discretion, determine that a practice is no longer exempt from licensing pursuant to subsection (1)(e) of this section.
(3) Nothing is this article 235 prohibits the practice of massage therapy by a person who is licensed or registered to practice medicine, nursing, osteopathy, physiology, chiropractic, podiatry, cosmetology, or any other health-care profession, as long as the practice is within the limits of each respective practice act.
C.R.S. § 12-235-111 Grounds for discipline - definitions
12-235-111. Grounds for discipline - definitions. (1) The director is authorized to take disciplinary action pursuant to section 12-235-112 against any person who has:
(a) Advertised, represented, or held himself or herself out as a licensed massage therapist after the expiration, suspension, or revocation of his or her license;
(b) Engaged in a sexual act with a client while a therapeutic relationship exists. For the purposes of this subsection (1)(b):
(I) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.
(II) "Therapeutic relationship" means the period of time commencing with the initial session of massage and ending upon written termination of the relationship from either party.
(c) Failed to refer a patient to a general health-care practitioner when the services required by the client are beyond the level of competence of the massage therapist or beyond the scope of massage practice;
(d) Falsified information in any application; attempted to obtain or obtained a license by fraud, deception, or misrepresentation; engaged in fraud, misrepresentation, deception, or cheating in taking or furnishing the results of the examination required by section 12-235-108 (1)(b); or had the person's score on the examination required by section 12-235-108 (1)(b) invalidated by the testing provider because the person was determined to have cheated or engaged in fraud, misrepresentation, or deception in taking the examination;
(e) Fraudulently obtained or furnished a massage therapy license; a renewal or reinstatement of a license, diploma, certificate, or record; or aided and abetted any of those acts;
(f) A substance use disorder, as defined in section 27-81-102, or a dependence on or addiction to alcohol or any habit-forming drug, or who abuses or engages in the habitual or excessive use of any habit-forming drug or any controlled substance as defined in section 18-18-102 (5), but the director may take into account the licensee's participation in a substance use disorder treatment program when considering disciplinary action;
(g) (I) Failed to notify the director of a physical condition, physical illness, or behavioral, mental health, or substance use disorder that affects the licensee's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of clients receiving massage services from the licensee;
(II) Failed 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 practice massage therapy with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or
(III) Failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-235-117;
(h) Refused to submit to a physical or mental examination when so ordered by the director pursuant to section 12-235-114;
(i) Failed to notify the director, in writing, of the entry of a final judgment by a court of competent jurisdiction in favor of any party and against the licensee for malpractice of massage therapy or any settlement by the licensee in response to charges or allegations of malpractice of massage therapy. The notice shall be given within ninety days after the entry of the judgment or settlement and, in the case of a judgment, shall contain the name of the court, the case number, and the names of all parties to the action.
of any party and against the licensee for malpractice of massage therapy or any settlement by the licensee in response to charges or allegations of malpractice of massage therapy. The notice shall be given within ninety days after the entry of the judgment or settlement and, in the case of a judgment, shall contain the name of the court, the case number, and the names of all parties to the action.
(j) Been convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a felony or a crime for which the act giving rise to the crime was related to the practice of massage therapy or was perpetrated against a massage client during a therapeutic relationship, as defined in subsection (1)(b)(II) of this section; or committed any act specified in this section. A certified copy of a document from a court of competent jurisdiction documenting a conviction or entry of a plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
(k) Advertised, represented, held himself or herself out in any manner, or used any designation in connection with his or her name as a massage therapist without being licensed or exempt pursuant to this article 235;
(l) Violated or aided or abetted a violation of any provision of this article 235, an applicable provision of article 20 or 30 of this title 12, any rule adopted under this article 235, or any lawful order of the director;
(m) Been convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or any human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado;
(n) Failed to report to the director the surrender of a massage therapy license, certification, or registration to, or an adverse action taken against a license, certification, or registration by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for acts that constitute grounds for discipline under this article 235;
(o) Committed an act that does not meet, or failed to perform an act necessary to meet, generally accepted standards of massage therapy care;
(p) Used fraudulent, coercive, or dishonest practices, or demonstrated incompetence or untrustworthiness, in this state or elsewhere; or
(q) Exposed an intimate part of his or her body to the view of a client or any person present with the client, or performed an act of masturbation in the presence of a client. For the purposes of this subsection (1)(q):
(I) "Intimate part" means the external genitalia, the perineum, the anus, the buttocks, the pubes, or the breast of any person.
(II) "Masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area, regardless of whether the genitals or pubic area is exposed or covered.
C.R.S. § 12-235-112 Disciplinary proceedings - injunctions - investigations - hearings - judicial review - fine
12-235-112. Disciplinary proceedings - injunctions - investigations - hearings - judicial review - fine. (1) The director may take disciplinary or other action as authorized in this section and section 12-20-404 upon proof that the person committed a violation of section 12-235-111.
(2) The director may seek an injunction in accordance with section 12-20-406 to enjoin any person from engaging in or aiding and abetting an act or practice prohibited by this article 235.
(3) 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 pursuant to article 4 of title 24, section 12-20-403, and this article 235.
(4) An employer of a massage therapist shall report to the director any disciplinary action taken against the massage therapist or the resignation of the massage therapist in lieu of disciplinary action for conduct that violates this article 235.
(5) On completion of an investigation, the director shall find one of the following:
(a) The complaint is without merit and no further action need be taken with reference thereto;
(b) There is no reasonable cause to warrant further action; or
(c) The complaint discloses misconduct by the licensee that warrants formal action, in which case the director shall initiate disciplinary proceedings pursuant to subsection (6) of this section.
(6) (a) The director shall commence a disciplinary proceeding when the director has reasonable grounds to believe that a licensee has committed any act that violates section 12-235-111.
(b) Disciplinary proceedings shall be conducted pursuant to section 12-20-403.
(c) If, after the hearing, the director finds the charges proven and orders that discipline be imposed, the director shall also determine the extent of the discipline. The director may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d).
(d) If the director finds the charges against the licensee proven and orders that discipline be imposed, the director may require, as a condition of reinstatement, that the licensee take therapy or courses of training or education as may be needed to correct any deficiency found.
(7) Section 12-20-408 governs judicial review of a final action of the director. Judicial proceedings for the enforcement of an order of the director may be instituted in accordance with section 24-4-106.
(8) The director may send a letter of admonition to a licensee under the circumstances specified in and in accordance with section 12-20-404 (4).
(9) The director may send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5).
(10) If a person commits an act that violates this article 235, the director may impose a fine not to exceed five thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
C.R.S. § 12-235-113 Cease-and-desist orders
12-235-113. Cease-and-desist orders. 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. § 12-235-114 Mental and physical examination of licensees
12-235-114. 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, the director may order the licensee to take 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, the refusal constitutes grounds for discipline pursuant to section 12-235-111 (1)(h). When a licensee has refused to submit to an examination, the director may suspend the licensee's license in accordance with section 12-235-112 until:
(I) The results of the examination are known; and
(II) 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 235, 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 may 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 shall not be used as evidence in any proceeding other than one before the director and shall not be deemed public records nor made available to the public.
C.R.S. § 12-235-115 Unauthorized practice - criminal penalties
12-235-115. Unauthorized practice - criminal penalties. (1) A person who practices or offers or attempts to practice massage therapy without an active license issued under this article 235 is subject to penalties pursuant to section 12-20-407 (1)(b).
(2) A person who knowingly aids or abets the unlicensed practice of massage therapy is subject to penalties pursuant to section 12-20-407 (1)(b).
C.R.S. § 12-235-116 Professional liability insurance required
12-235-116. Professional liability insurance required. It is unlawful for any person to practice massage therapy within this state unless the person purchases and maintains professional liability insurance in an amount not less than fifty thousand dollars per claim with an aggregate liability limit for all claims during the year of three hundred thousand dollars. Professional liability insurance required by this section shall cover all acts within the scope of massage therapy practice as defined by section 12-235-104.
C.R.S. § 12-235-117 Confidential agreement to limit practice
12-235-117. Confidential agreement to limit practice. (1) Except as provided in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this section.
(2) This section and section 12-30-108 do not apply to a massage therapist subject to discipline for prohibited activities as described in section 12-235-111 (1)(f).
C.R.S. § 12-235-118 Rule-making authority
12-235-118. Rule-making authority. The director shall promulgate rules pursuant to section 12-20-204. If the director promulgates rules regarding generally accepted standards of massage therapy care, the rules are not an exhaustive statement of the generally accepted standards of massage therapy care.
C.R.S. § 12-235-119 Local government - regulations - enforcement
12-235-119. Local government - regulations - enforcement. (1) No city, county, city and county, or other political subdivision of this state shall enact or enforce any local ordinance that regulates the practice or the profession of massage therapy.
(2) Local government law enforcement agencies may inspect massage therapy licenses and the business premises where massage therapy is practiced for compliance with applicable laws. Nothing in this section precludes criminal prosecution for a violation of any criminal law. If an inspection reveals the practice of massage therapy by a person without a valid license, the local government law enforcement agency shall charge the person with a misdemeanor pursuant to sections 12-20-407 (1)(b) and 12-235-115.
(3) A city, county, city and county, or other political subdivision may inspect massage businesses, except for a sole proprietorship with a person's residence, upon complaint of illegal activity and ensure that the people performing massage therapy are licensees. A city, county, city and county, or other political subdivision shall not charge a fee for the inspection or license verification.
C.R.S. § 12-235-120 Repeal of article - review of functions
12-235-120. Repeal of article - review of functions. This article 235, and the functions of the director as set forth in this article 235, are repealed, effective September 1, 2031. Before the repeal, the functions of the director 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