Section 12-255-127 - Exclusions(1) This part 1 does not prohibit: (a) Gratuitous care of friends or members of the family;(b) Domestic administration of family remedies or care of the sick by domestic servants, housekeepers, companions, or household aides of any type, whether employed regularly or because of an emergency of illness, but who shall not in any way assume to practice practical or professional nursing or as a certified midwife;(c) Nursing or midwifery assistance in the case of an emergency;(d) The practice of nursing or as a certified midwife in this state by any legally qualified nurse or certified midwife of another state whose engagement requires the nurse or certified midwife to accompany and care for a patient temporarily residing in this state during the period of one engagement, not to exceed six months in length, if the person does not represent or hold himself or herself out as a practical or professional nurse or certified midwife licensed to practice in this state;(e) The practice of any nurse or certified midwife licensed in this state or another state or a territory of the United States who is employed by the United States government or any bureau, division, or agency of the United States government while in the discharge of official duties;(f) The practice of nursing or midwifery by students enrolled in an approved education program or midwifery education program when the practice is performed as part of the approved education program or midwifery education program prior to the graduation of the student;(g) The practice of nursing or as a certified midwife by any nurse or midwife who is licensed in any other state, any territory of the United States, or any other country and is enrolled in a baccalaureate or graduate program, if the practice is performed as a part of the program;(h) The administration and monitoring of medications in facilities pursuant to part 3 of article 1.5 of title 25;(i) The administration of nutrition or fluids through gastrostomy tubes as provided in sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i) as a part of residential or day program services provided through service agencies approved by the department of health care policy and financing pursuant to section 25.5-10-206;(j) The administration of topical and aerosol medications within the scope of physical therapy practice as provided in section 12-285-116 (2);(k) The practice of administration and monitoring as defined in section 25-1.5-301 (1) and (3);(l) The administration of medications by child care providers to children cared for in family child care homes pursuant to section 26.5-5-325;(m) A person who provides nonmedical support services from using the title "Christian Science nurse" when offering or providing services to a member of his or her own religious organization;(n)(I) The administration of epinephrine auto-injectors by a licensee in a public school or nonpublic school pursuant to a policy adopted in accordance with section 22-1-119.5;(II) The issuance by an advanced practice registered nurse with prescriptive authority of standing orders and protocols for the use of epinephrine auto-injectors for emergency use in a public school or nonpublic school pursuant to a policy adopted in accordance with section 22-1-119.5; or(III) The training by a licensee of and the delegation to designated school personnel on the recognition of the symptoms of anaphylactic shock and on the administration of epinephrine auto-injectors in a public school or nonpublic school pursuant to a policy adopted in accordance with section 22-1-119.5;(o) A prescription by an advanced practice registered nurse with prescriptive authority for the use of epinephrine auto-injectors by an authorized entity in accordance with article 47 of title 25;(p) The administration of medical marijuana in a nonsmokeable form by a licensed nurse in a public school or nonpublic school pursuant to a policy adopted pursuant to section 22-1-119.3 (3) (d.5);(q) The training by a licensed nurse of school personnel or volunteers on the administration of medical marijuana in a nonsmokeable form in a public school or nonpublic school to a student with a valid medical marijuana recommendation pursuant to a policy adopted pursuant to section 22-1-119.3 (3) (d.5).(2) This part 1 shall not be construed as applying to a person who nurses or cares for the sick in accordance with the practice or tenets of any church or religious denomination that teaches reliance upon spiritual means through prayer for healing and who does not hold himself or herself out to the public to be a licensed practical or professional nurse or a certified midwife.(3) Nothing in this part 1: (a) Prohibits any licensee from practicing practical or professional nursing or as a certified midwife independently for compensation upon a fee for services basis;(b) Prohibits or requires the direct reimbursement for nursing or certified midwife services and care through qualified governmental and insurance programs to persons duly licensed in accordance with this part 1; or(c) Conveys to the practice of nursing or the practice as a certified midwife the performance of medical practice as regulated by article 240 of this title 12, other than as permitted under section 12-240-107 (1)(f)(I).Amended by 2023 Ch. 261,§ 17, eff. 5/25/2023.Amended by 2022 Ch. 123, § 23, eff. 7/1/2022.Amended by 2021 Ch. 96, § 4, eff. 9/7/2021.Amended by 2020 Ch. 190, § 16, eff. 7/1/2020.Amended by 2020 Ch. 157, § 25, eff. 7/1/2020.Added by 2019 Ch. 136, § 1, eff. 10/1/2019.Subsection (1) is similar to former § 12-38-125; subsection (2) is similar to former § 12-38-126; subsection (3) is similar to former § 12-38-128; and subsection (4) is similar to former § 12-38-130, as those sections existed prior to 2019.
For the legislative declaration in HB 20-1216, see section 1 of chapter 190, Session Laws of Colorado 2020. For the legislative declaration in SB 21-056, see section 1 of chapter 96, Session Laws of Colorado 2021.