(1) Any person who practices or offers or attempts to practice acupuncture without an active license issued under this article 200 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) Any person who violates the provisions of section 12-200-109 (1)(j) by engaging in sexual contact with a patient during the course of patient care commits a class 1 misdemeanor and shall be referred for criminal prosecution. (3) Any person who violates the provisions of section 12-200-109 (1)(j) by engaging in sexual intrusion or sexual penetration with a patient during the course of patient care commits a class 4 felony and shall be referred for criminal prosecution.
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