Section 12-290-122 - Division of fees prohibited - penalty - recovery of fees illegally paid(1) A licensee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the licensee: (a) Divides any fee or compensation received or charged for services rendered by the person as a licensee or agrees to divide the fee or compensation with any person, firm, association, or corporation as pay or compensation to the other person for: (I) Sending or bringing any patient or other person to the licensee;(II) Recommending the licensee to any person; or(III) Being instrumental in any manner in causing any person to engage the licensee in the licensee's professional capacity;(b) Either directly or indirectly pays or compensates or agrees to pay or compensate any person, firm, association, or corporation for: (I) Sending or bringing any patient or other person to the licensee for examination or treatment;(II) Recommending the licensee to any person; or(III) Being instrumental in causing any person to engage the licensee in the licensee's professional capacity; or(c) In the licensee's professional capacity and in the licensee's own name or behalf, makes or presents a bill or requests a payment for services rendered by any person other than the licensee.(2) If a licensee, in violation of subsection (1) of this section, divides or agrees to divide any fee or compensation received by the licensee for services rendered in the licensee's professional capacity with any person, the person who has paid the fee or compensation to the licensee may recover the amount unlawfully paid or agreed to be paid from either the licensee or from the person to whom the fee or compensation has been paid, by an action to be instituted within two years after the date on which the fee or compensation was divided or agreed to be divided.Amended by 2021 Ch. 462,§ 152, eff. 3/1/2022.Added by 2019 Ch. 136,§ 1, eff. 10/1/2019.(1) Subsection (1) is similar to former § 12-32-117(1); and subsection (2) is similar to former § 12-32-118, as those sections existed prior to 2019.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.