(1)Any
person who practices or offers or attempts to practice medicine, practice as a
physician assistant, or practice as an anesthesiologist assistant within this state
without an active license issued under this article 240 is subject to penalties
pursuant to section 12-20-407 (1)(a).
(2)Any person who engages in any of the following activities commits a
class 6 felony and shall be punished as provided in section 18-1.3-401:
(a)Presents as his or her own the diploma, license, certificate, or credentials
of another;
(b)Gives either false or forged evidence of any kind to the board or any
board member in connection with an application for a license to practice medicine,
practice as a physician assistant, or practice as an anesthesiologist assistant;
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(1) Any
person who practices or offers or attempts to practice medicine, practice as a
physician assistant, or practice as an anesthesiologist assistant within this state
without an active license issued under this article 240 is subject to penalties
pursuant to section 12-20-407 (1)(a).
(2) Any person who engages in any of the following activities commits a
class 6 felony and shall be punished as provided in section 18-1.3-401:
(a) Presents as his or her own the diploma, license, certificate, or credentials
of another;
(b) Gives either false or forged evidence of any kind to the board or any
board member in connection with an application for a license to practice medicine,
practice as a physician assistant, or practice as an anesthesiologist assistant;
(c) Practices medicine, practices as a physician assistant, or practices as an
anesthesiologist assistant under a false or assumed name; or
(d) Falsely impersonates another licensee of a like or different name.
(3) Any person who violates section 12-240-121 (1)(p) commits a class 5
felony, and any person committing a second or subsequent violation commits a
class 3 felony; and those persons shall be punished as provided in section 18-1.3-401.
(4) No action may be maintained against an individual who has been the
recipient of services constituting the unlawful practice of medicine, unlawful
practice as a physician assistant, or unlawful practice as an anesthesiologist
assistant, for the breach of a contract involving the unlawful practice of medicine,
unlawful practice as a physician assistant, or unlawful practice as an
anesthesiologist assistant or the recovery of compensation for services rendered
under such a contract.
(5) When an individual has been the recipient of services constituting the
unlawful practice of medicine, unlawful practice as a physician assistant, or
unlawful practice as an anesthesiologist assistant, whether or not the individual
knew that the rendition of the services was unlawful:
(a) The individual or the individual's personal representative is entitled to
recover the amount of any fee paid for the services; and
(b) The individual or the individual's personal representative may also
recover a reasonable attorney fee as fixed by the court, to be assessed as part of
the costs of the action.
(6) (a) No specialty society, association of physicians, or licensed physician
may discriminate against any person licensed to practice medicine if the physician
is qualified for membership in the specialty society or association. If board
certification or eligibility in a specialty is a membership requirement, certification or
eligibility by either the American Board of Medical Specialties or the American
Osteopathic Association based upon the applicant's training as a doctor of
medicine or doctor of osteopathy, is sufficient. Notwithstanding any other remedies
provided under this article 240, a licensed physician who is discriminated against in
violation of this section shall have a private right of action against the licensed
physician or specialty society or association that so discriminates.
(b) Any licensed physician, specialty society, or association of physicians
held liable for a violation of this subsection (6) shall pay the costs and reasonable
attorney fees incurred by the aggrieved physician associated with his or her pursuit
of any claim for relief authorized by this subsection (6).
(7) The board may apply in accordance with section 12-20-406 for an
injunction to enjoin any person from committing any act prohibited by this article
240.