Unauthorized Practice of Medicine: Colorado and Federal Charges

Practicing medicine without a license in Colorado is a crime. A first offense is a class 2 misdemeanor punishable by up to 120 days in jail and a fine of up to $750. When the conduct involves fake credentials, a false name, or impersonating a licensed physician, the charge jumps to a class 6 felony carrying 1 year to 18 months in prison, a fine up to $100,000, and a mandatory year of parole. On top of the criminal case, state regulators can issue immediate cease-and-desist orders and ask a court for an injunction, and federal charges may follow if controlled substances or Medicare and Medicaid are in the picture.

What Counts as Practicing Medicine

C.R.S. § 12-240-107 defines the practice of medicine broadly. You are practicing if you hold yourself out as able to diagnose, treat, prescribe for, or prevent any human disease, injury, pain, or mental health condition, whether through drugs, surgery, manipulation, test interpretation, or any other means.¹ You do not have to actually treat anyone. Recommending or suggesting a treatment is enough. Performing surgery, maintaining an office for examining or treating patients, delivering telemedicine, and practicing midwifery (outside the certified nurse-midwife and certified midwife carve-outs) all fall within the definition.

Using the title “M.D.,” “D.O.,” “physician,” or “surgeon” in a way that induces people to believe you are licensed in Colorado also triggers the statute, even without hands-on care.¹

The Misdemeanor Charge for Practicing Without a License

Under C.R.S. § 12-240-135(1), anyone who practices, offers to practice, or attempts to practice medicine without an active Colorado license is penalized under C.R.S. § 12-20-407(1)(a), which makes the offense a class 2 misdemeanor.² A class 2 misdemeanor carries a maximum of 120 days in jail and a fine up to $750.³ A conviction leaves a permanent criminal record and may come with supervised probation.

Practicing on an expired or suspended license carries the same exposure as practicing with no license at all. The statute looks at whether your license is currently active, not whether you were once credentialed.

When the Charge Becomes a Felony

The charge escalates to a class 6 felony when the unlicensed practice involves deception about who you are or how you qualified. C.R.S. § 12-240-135(2) lists four acts that each carry felony exposure:

Presenting someone else’s diploma, license, or certificate as your own.
Submitting forged or false documentation to the Colorado Medical Board in a license application.
Practicing medicine under a fake or assumed name.
Impersonating a specific licensed physician or surgeon.²

A class 6 felony in Colorado carries a presumptive prison sentence of 1 year to 18 months in the Department of Corrections, a fine up to $100,000, and a mandatory 1-year period of parole after release.⁴

A separate provision, C.R.S. § 12-20-407(1)(e), independently makes it a class 6 felony to intentionally and fraudulently represent yourself as a licensed professional while practicing without a license. The combination of unlicensed practice plus deliberate misrepresentation is enough on its own, even if the specific acts listed in § 12-240-135(2) do not apply.

Cease-and-Desist Orders and Injunctions

Criminal charges are not the only pressure Colorado can apply, and the administrative tools often move faster than a prosecution. Under C.R.S. § 12-20-405, when a regulator receives a credible written complaint of unlicensed practice, the regulator may issue an immediate cease-and-desist order identifying the statutes allegedly violated, the facts of the violation, and a demand that the unlicensed activity stop.⁵ The recipient has 10 days to request a hearing.

If a final cease-and-desist order is ignored, the regulator can refer the matter to the attorney general or local district attorney for a temporary restraining order and permanent injunction.⁵ Continuing to practice after an injunction issues becomes contempt of court on top of the underlying charges. The Colorado Medical Board also has its own direct injunction authority under C.R.S. § 12-240-135(7) to block any person from committing acts prohibited by the Medical Practice Act, without having to wait for the criminal case to run its course.²

Federal Charges That Can Stack on Top

Controlled Substances

Prescribing or dispensing scheduled drugs without authorization under the Controlled Substances Act is a federal crime under 21 U.S.C. § 841. Penalties scale with the schedule. Distributing a Schedule I or II substance carries up to 20 years in federal prison and fines up to $1 million for an individual. If a patient dies or suffers serious bodily injury, the minimum rises to 20 years and the maximum is life. Even Schedule V substances carry up to 1 year of imprisonment.⁶ Filling prescriptions based only on an online questionnaire, or running an online pharmacy without proper DEA registration, are separate federal offenses in the same penalty range.

Exclusion from Medicare and Medicaid

The Office of Inspector General at the Department of Health and Human Services maintains the List of Excluded Individuals/Entities. Anyone on the list is barred from Medicare, Medicaid, and essentially all federally funded health programs; no federal payment is made for any item or service they furnish, order, or prescribe. The OIG can exclude individuals based on the revocation or surrender of a state medical license, and any healthcare entity that hires an excluded person faces its own civil monetary penalties.⁷ For someone convicted of unauthorized practice, exclusion effectively closes off future work in any program-funded setting.

Telehealth from Another State Is Covered

Colorado’s definition of practicing medicine explicitly includes the delivery of telemedicine. Treating a patient located in Colorado by video, phone, or any other remote technology requires a Colorado license, even if the provider is physically sitting in another state.¹ The nationwide rule is that the state where the patient is located controls which license is required, not the state where the provider sits.⁸ An out-of-state license, by itself, does not authorize telehealth into Colorado.

Exemptions People Commonly Misread

C.R.S. § 12-240-107(3) exempts certain activities from the licensing requirement, including emergency volunteer care, occasional consultations by out-of-state physicians who meet insurance and office restrictions, nursing and certified midwifery within lawful scope, medical students training in an approved program, and services provided by qualified personnel under the direct supervision of a licensed Colorado physician (other than prescribing drugs).¹

The supervised-personnel exemption is the one that most often leads to charges. It covers medical assistants and support staff, not physicians who are otherwise qualified but simply unlicensed in Colorado. A doctor licensed in another state cannot work under a Colorado physician’s supervision as a shortcut around the licensing requirement.

Reporting Suspected Unauthorized Practice

If you believe someone is practicing medicine in Colorado without a license, you can file a complaint with the Colorado Division of Professions and Occupations through its online portal or by mailing a paper healthcare complaint form to its Denver office. Anonymous complaints are accepted, though contact information helps investigators follow up.⁹

The division’s authority is administrative. It can act on licensure status and refer matters to its Office of Investigations, but it cannot pursue criminal charges or civil lawsuits on your behalf. If the conduct looks criminal, file a separate report with local law enforcement.⁹

1
Justia. Colorado Revised Statutes Title 12, Section 12-240-107 – Practice of Medicine
2
Justia. Colorado Revised Statutes Title 12, Section 12-240-135 – Unauthorized Practice – Penalties – Injunctive Relief
3
Justia. Colorado Revised Statutes Title 18, Section 18-1.3-501 – Misdemeanors Classified – Penalties
4
Justia. Colorado Revised Statutes Title 18, Section 18-1.3-401 – Felonies Classified – Presumptive Penalties
5
Justia. Colorado Revised Statutes Title 12, Section 12-20-405 – Cease-and-Desist
6
Office of the Law Revision Counsel. 21 U.S. Code 841 – Prohibited Acts A
7
Office of Inspector General (OIG). Exclusions Background
8
Telehealth.HHS.gov. Licensing Across State Lines
9
Colorado Division of Professions and Occupations. File a Complaint