Colorado recently passed a law aimed at improving transparency in medical spas and aesthetic practices that use unlicensed medical assistants. Many states grant physicians and other health professionals broad authority to delegate medical tasks to trained assistants. The Colorado Board of Medical Examiners has adopted guidelines under Rule 800 to govern these types of delegation to unlicensed assistants. These include a requirement to disclose to the patient who is performing the services and under what conditions. The new law under HB 1024 expands on this, requiring both disclosures to patients as well as the public where an unlicensed person is performing delegated medical-aesthetic services.

The new provisions of HB 1024 will apply in situations where medical-aesthetic services, meaning therapeutic procedures used in aesthetics, are delegated by physicians or advanced practice registered nurses to unlicensed individuals. It’s important to understand that HB 1024 does not expand, alter or restrict the ability of a health professional to delegate to unlicensed persons. It requires three disclosures to be made:

• The first disclosure is a sign or document posted in the physical location where the delegated services occur. This sign must be posted in a highly visible manner and include the delegating practitioner’s name, license number and contact information, along with the board’s web address where complaints can be made.
• The second disclosure must be made on the business’s website and in all advertising material of the unlicensed assistant. This disclosure must state that medical-aesthetic services are delegated and the name and license number of the delegating practitioner.  
• The third disclosure is in the form on an informed consent document provided to the patient. This is similar to Rule 800 but with different information required. This informed consent must explain that the patient is receiving medical-aesthetic services that have been delegated to an unlicensed person from a licensed person. The informed consent must also include all the information present on the disclosure sign posted in the office. The patient must sign this document, and the practice must retain it for at least seven years.

These provisions go into effect 90 days after the Colorado General Assembly adjourned for the session unless a referendum petition is filed. The general assembly adjourned on May 7, 2025, so these provisions could go into effect as early as August 5, 2025. If a petition is filed, the law won’t go into effect unless approved by Colorado voters during the November 2026 general election. Colorado aesthetic practices that utilize unlicensed assistants will want to review and update their current patient informed consent documents as well as make preparation for updating their website, advertising and office signage in anticipation of these changes. If you would like to review the language of HB 1024, it can be viewed at the General Assembly’s website here: HB 1024.