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Addiction treatment marketing rules in Colorado
What you can claim, how you can pay for referrals, and where Colorado diverges from the federal floor. Derived from the live ruleset library.
Yes. Colorado has its own addiction-treatment marketing law, and Pre-Trip carries it as a live rule set, with every rule traced back to the section of law it comes from, checked 2026-07-30. On top of the federal rules that apply everywhere (42 CFR Part 2, the ad platforms' healthcare policies, EKRA, the FTC Act, HIPAA, the TCPA, CAN-SPAM), Colorado adds 3 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.
Colorado Consumer Protection Act, C.
Every Colorado scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements, TCPA consent and revocation in calls and texts. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.
The claim types Colorado law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.
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High riskPromises of cure or guarantees of treatment success for substance use disorder.
A promise of cure or a guarantee of treatment outcome is a false representation as to the characteristics, uses, or benefits of services, a deceptive trade practice under C.R.S. 6-1-105(1)(e), carrying a civil penalty of up to $20,000 per violation under C.R.S. 6-1-112(1)(a), counted per consumer or transaction, plus private and attorney general enforcement.
C.R.S. 6-1-105(1)(e); C.R.S. 6-1-112(1)(a)
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FlagA directory, helpline, or placement service describing itself as independent, unbiased, or neutral in copy that routes callers to treatment providers.
An independence or neutrality claim by a service that in fact routes callers to paying providers is a false representation as to affiliation, connection, or association with another under C.R.S. 6-1-105(1)(c), and a false representation as to the characteristics of the service under 6-1-105(1)(e). Colorado permits paying independent marketing agents per C.R.S. 12-245-224(1)(q); the deceptive-marketing problem is the false claim of independence, not the payment.
C.R.S. 6-1-105(1)(c); C.R.S. 6-1-105(1)(e)
The exposure Colorado attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.
- CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
- LicenseAdvertising violations can trigger license discipline for the facility or the provider.
What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.
Our program guarantees your recovery from addiction, for good.
A promise of cure or a guaranteed outcome for substance use disorder. Outcomes cannot be guaranteed, and the claim is unsubstantiated on its face.
Cure and guarantee claims · C.R.S. 6-1-105 (deceptive trade practices)
Our program gives people the tools and the support to build lasting recovery.
Describes the service and the support without promising a guaranteed result.
Compensation for marketers, recruiters, or referral partners described as paid per admission, per patient, per referral, or per placement, or otherwise conditioned on the volume or value of patients delivered.. COLORADO DIVERGENCE CAUTION: Colorado's practice act expressly permits per-patient compensation to independent marketing agents (C.R.S. 12-245-224(1)(q)); this state carve-out provides no defense to EKRA's federal criminal prohibition.
18 U.S.C. 220 makes paying or receiving remuneration for referrals to recovery homes, clinical treatment facilities, or labs a federal crime, up to $200,000 and 10 years per occurrence, and labeling t
Colorado and federal sources
- C.R.S. 6-1-105 (deceptive trade practices) primary
- C.R.S. 6-1-112 (CCPA civil penalties) primary
- C.R.S. 12-245-224(1)(q) (referral remuneration carve-out) primary
- 2 CCR 502-1 (BHA provider rules)
- C.R.S. 27-50-501 (behavioral health entity license required; criminal and civil penalties) primary
- 42 C.F.R. Part 2 (eCFR current text) primary
- 16 C.F.R. Part 255 Endorsement Guides primary
- HHS fact sheet, 42 CFR Part 2 Final Rule (2024)
- 15 U.S.C. 45d (OARFPA 2018) primary
- Google Ads Healthcare and medicines policy primary
- Meta advertising standards, addiction treatment primary
- LegitScript addiction treatment certification
Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Colorado reflects the library as of the build and changes as the law does.