Colorado Natural Health Consumer Protection Act-Part 1

C.R.S. 6-1-724. Unlicensed alternative health care practitioners - deceptive trade practices

On the same day Colorado's Naturopathic Doctor Act was signed, June 5, 2013, another act was signed, Colorado's Natural Health Consumer Protection Act. Although this act received much less attention than the Naturopathic Doctor Act, it is, nevertheless, equally important. While the Naturopathic Doctor Act serves to regulate those that are qualified to be naturopathic doctors, the alternative health industry allows practitioners that are not qualified to be doctors to sort of fly under the radar, without benefit of state licensing, certification, or registration. While this may be good for the practitioners, it is bad for consumers.

A key component of The Colorado Natural Health Consumer Protection Act makes it easier for the consumer in deciding best options when choosing their health care. The act sets forth an important distinction: complementary and alternative health care practitioners are not classified as health care professionals. Health care professionals are designated as such because state licensing, certification, and registration requirements have been met, in contrast to practitioners who have not met those standards.

To further reinforce this distinction, the act places responsibility on the practitioner to provide clients with clearly written information including the practitioner's name, business address, telephone number, and other contact information, a statement that the practitioner is not licensed, certified, or registered by the state, the type of services to be provided, a list of credentials, degrees, training, experience, or any other qualifications, a statement that the client should discuss all of the practitioner's recommendations with their primary care doctor or other board-certified doctor, and another statement addressing whether or not the practitioner is covered by liability insurance. In addition, before any services can be provided, the practitioner is required to obtain, and keep a record of, a signed acknowledgement from the client stating that they have received all of the required information.

Practitioners are not allowed to treat children under the age of two, however, for children between the ages of two and eight, written, signed consent from the parent or legal guardian is required, along with the practitioner's disclosure of not being a licensed physician, the practitioner's recommendation that the child have a relationship with a licensed pediatric doctor and the practitioner's request for the parent or legal guardian to grant permission for the practitioner to have a collaborative relationship with the child's pediatric doctor.

The Colorado Natural Health Consumer Protection Act is standout legislation that covers a lot of concerns that consumers have with complementary and alternative health care. There are a couple of noteworthy items that underscore long-needed consumer protection. The first is that not only is the practitioner held responsible to recommend clients have a relationship with a licensed physician, but also, it is specifically stated that practitioners cannot recommend discontinuation of care or prescription medication from a licensed health care provider, nor can they provide a conventional disease diagnosis to a client. Another noteworthy item is that practitioners are prohibited from performing colonic irrigation, unless certified through the International Association of Colon Hydrotherapy or the National Board for Colon Hydrotherapy.

There is a reason The Colorado Natural Health Consumer Protection Act is also referred to as Unlicensed Alternative Health Care Practitioners-Deceptive Trade Practices. Health care consumers have to ensure their own safety when they enter the alternative health world, but now they have a little help.

The entire act can be read here: Colorado Natural Health Consumer Protection Act