Colorado § 12-20-402 Immunity

Colorado Statutes

§ 12-20-402 — Immunity

Colorado·Title 12 Professions·Art. Division of Professions and Occupations

(1)The director, any member of a board or commission, any member of a regulator's staff, any person acting as a witness or consultant to a regulator, any witness testifying in a proceeding authorized by a part or article of this title 12 governing a particular profession or occupation, and any person who lodges a complaint pursuant to a part or article of this title 12 governing a particular profession or occupation is immune from liability in any civil action brought against the individual for acts occurring while acting in the individual's capacity as director, board or commission member, staff, consultant, or witness, respectively, if the individual:

(a)Was acting in good faith within the scope of the individual's respective capacity;

(b)Made a reasonable effort to obtain

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(1) The director, any member of a board or
commission, any member of a regulator's staff, any person acting as a witness or
consultant to a regulator, any witness testifying in a proceeding authorized by a
part or article of this title 12 governing a particular profession or occupation, and
any person who lodges a complaint pursuant to a part or article of this title 12
governing a particular profession or occupation is immune from liability in any civil
action brought against the individual for acts occurring while acting in the
individual's capacity as director, board or commission member, staff, consultant, or
witness, respectively, if the individual:

(a) Was acting in good faith within the scope of the individual's respective
capacity;

(b) Made a reasonable effort to obtain the facts of the matter as to which the
individual acted; and

(c) Acted in the reasonable belief that the action taken by the individual was
warranted by the facts.

(2) Any person participating in good faith in lodging or making a complaint or
report or participating in any investigative or administrative proceeding pursuant to
a part or article of this title 12 governing a particular profession or occupation is
immune from any civil or criminal liability that may result from that participation;
except that a person participating as described in this subsection (2) under article
135 of this title 12 concerning mortuaries and crematories is immune from only civil
liability.

(3) (a) The immunity granted by subsection (1) of this section to a witness
testifying in a proceeding does not apply to proceedings under article 310 of this
title 12 concerning surgical assistants and surgical technologists.

(b) The immunity granted by subsection (1) of this section to a person who
lodges a complaint does not apply to proceedings under:

(I) Article 130 of this title 12 concerning landscape architects; or

(II) Article 230 of this title 12 concerning hearing aid providers.

(4) This section does not apply to articles 140 and 150 of this title 12
concerning nontransplant tissue banks and passenger tramways, respectively.

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Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 743, � 1, effective October 1. L. 2020: (4) amended, (HB 20-1212), ch. 228, p. 1114, � 3, effective July 2; (4) amended, (HB 20-1286), ch. 269, p. 1312, � 7, effective July 10.