In a contract between a supplemental health-care staffing agency (staffing agency) and a health-care worker or health-care facility for the placement of a licensed or certified nursing professional, the act prohibits the staffing agency from requiring payment for liquidated damages, employment fees, or other compensation (contract compensation) to the staffing agency if the health care facility hires the health-care worker as a permanent employee prior to or after the termination of the contract with the staffing agency; except that the prohibition does not apply to contract compensation attributable to and chargeable for a 30-calendar-day period commencing when the health-care worker is first placed at the health-care facility. If a staffing agency unlawfully collects or attempts to collect contract compensation from a health-care worker or health-care facility, the health-care worker or health-care facility may bring a legal action for damages, a civil penalty not to exceed $5,000 per violation, and injunctive relief. The prevailing party is entitled to reasonable attorney fees. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
The act requires the department of health care policy and financing (state department) review and determine if an exception to step therapy is granted if the prescribing provider submits a prior authorization request with justification and supporting clinical documentation for treatment of a serious or complex medical condition. The act requires the state department to provide a response to a prior authorization request for a step-therapy exception within 24 hours after receipt of the request. If a prior authorization request for a step-therapy exception is incomplete or if additional clinically relevant information is required, the act requires the state department to notify the prescribing provider within 24 hours after the submission of the request. If the state department does not receive a response within 72 hours after the state department's request for additional information, the prior authorization is denied. If the prior authorization request is denied, the act requires the state department to inform the recipient in writing that the recipient has a right to appeal the determination. The act requires the state department to authorize coverage for the prescription drug prescribed by the recipient's prescribing provider if the prior authorization request for a step-therapy exception request is granted. The act requires the state department to make the prior authorization requirements for coverage of prescription drugs and a description of the step-therapy exemption process available on the state department's website. The act appropriates $56,250 to the state department from the general fund. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
The act categorizes the remote sales of certain kinds of tobacco products for purposes of establishing the regulation and taxation of the sales. The act exempts transactions involving the sale of cigars or pipe tobacco from the definition of "delivery sale" and instead creates and defines the term "remote retail sale" to include these transactions. The act also resolves an ambiguity about how the "manufacturer's list price" of a tobacco product is determined for both "delivery sales" and "remote retail sales". APPROVED by Governor May 1, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
The act changes the time frame required to file a certificate of death with the state registrar from 5 days after a death occurs to 72 hours after the funeral director assumes custody of a dead body, stillborn fetus, or dead fetus unless the individual responsible for completing the medical certification for the death certificate is unable to complete the medical certification for the death certificate within the required time frame, additional inquiry into the cause and manner of death is required by current law, or a coroner, a medical examiner, a forensic pathologist, or other qualified individual determines that additional time is required to determine the cause and manner of death, in which case the certificate of death must be completed and signed as soon as practicable. Any individual, other than a family member of the decedent or other individual acting in a non-professional capacity as the funeral director for the decedent, who is required to initiate, complete, respond to, or file a death certificate must use the electronic death registration system (EDRS) used by the department of public health and environment (department) and the state registrar; except that, a physician who is not yet registered to use the EDRS is not required to use it until March 1, 2024, or the date the physician is registered, whichever is earlier. The department is required to ensure that all physicians are registered to use the EDRS on or before March 1, 2024. The physician responsible for completing the medical certification for a death certificate must do so within 72 hours after receipt of an EDRS request unless current law requires additional inquiry into the cause and manner of death. If a death is or may be due to unnatural causes, a physician required to complete a medical certification for a death certificate shall notify the coroner or the medical examiner when current law requires an inquiry or an autopsy to be performed. The act requires the state registrar to provide a monthly report to the department of regulatory agencies (DORA) that identifies any death certificates for which a medical certification was not completed in a timely manner, and DORA is required to promptly provide the report to the Colorado medical board. DORA is also required to report annually to its legislative oversight committees regarding the number of complaints that DORA received and the number of disciplinary actions taken against a licensee. On and after March 1, 2024, the act defines as "unprofessional conduct" for purposes of the "Colorado Medical Practices Act" repeated or willful failure without reasonable cause to comply with the requirements of completing a medical certification for a death certificate in accordance with any applicable deadline. The act generally requires a decedent's established primary care physician to complete the medical certification for the decedent's death certificate if the death appears to be due to natural causes and is determined as such with a reasonable degree of medical certainty, the decedent received medical care from the primary care physician within a year of the death, the death occurred when the decedent was not under the direct care of another physician charged with the decedent's care during the illness or condition that resulted in death, and an inquiry into the death is not required. However, if within a year of the death, the decedent had been treated by a physician other than the decedent's established primary care physician for a chronic condition or terminal illness related to the decedent's death, the death appears to be due to natural causes and is determined as such with a reasonable degree of medical certainty, and an inquiry into the death is not required, that physician is responsible for completing the medical certification for the death certificate. Any deadline in the act by which an individual is required to complete an action relating to a certificate of death or a medical certification for a certificate of death is extended by one day per day of closure if the business or facility at which the individual is employed is actually closed for an entire calendar day that is a weekend day or a legal holiday. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act incorporates the 2022 amendments to the "Uniform Commercial Code" (UCC), drafted by the Uniform Law Commission. The 2022 amendments update the UCC to account for emerging technologies by: Amending the definitions of "conspicuous", "send", and "sign"; Adding the definition of "electronic"; and Changing current references to "writing" or "written" to refer instead to a "record". The 2022 amendments update the provisions of the UCC related to secured transactions by: Addressing security interests and rights to payment related to controllable electronic records; Specifying how to perfect security interests in controllable accounts and controllable payment intangibles; Updating the definition of "chattel paper" to distinguish between a right to payment and the record evidencing the right to payment; Creating a new definition of "assignee" and "assignor". The act creates a new article within the UCC that governs controllable electronic records, including the transfer of property rights in certain intangible digital assets that have been or may be created and may involve the use of new technologies. The act provides guidance for which laws apply during the transition from the current UCC to the UCC as amended by the act. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of the issuance of private letter rulings (rulings) and information letters (letters) by the department of revenue, as follows: Continues the issuance of rulings and letters by the department of revenue and removes the issuance of rulings and letters from the sunset review process; Allows the department of revenue to extend the 90-day deadline to issue a ruling if the taxpayer agrees to the extension; and Allows the department of revenue to issue letters and rulings for any issue related to a tax or fee administered by the department of revenue. For the 2023-24 fiscal year, the act appropriates $53,644 from the private letter ruling fund to the department of revenue for use by the taxation business group for personal services related to taxation services. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act authorizes a prescription drug outlet (outlet) to operate an automated pharmacy dispensing system (system) for the purpose of dispensing prescription medications, other than controlled substances, to patients. The act requires an outlet dispensing prescription drugs through a system to: Register the system with the state board of pharmacy (board); Require a pharmacist to perform all clinical services as part of the dispensing process; Ensure that the system clearly displays the system's registration number and contact information; Locate each system at the same location as the outlet unless other criteria is met; Ensure confidentiality of health information; and Ensure that the system is accessible to persons with disabilities. An outlet may operate a system in the same or different location than the outlet if it is: Under the supervision and control of the outlet; Installed in a place and manner where it cannot be removed or accessed without authorization; and Located in a secure location. The act also requires each outlet operating a system: To develop, implement, and maintain written policies and procedures to ensure the proper, safe, and secure functioning of the system; Inside the premises of a retail business to only operate during the hours that the outlet is closed; and To make all transaction information readily available for review and inspection by the board. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The majority of state employees who are paid through the state's payroll system (state employees) are paid monthly and some state employees are paid biweekly. In 2015, in anticipation of the implementation of a new payroll system for state employees, the general assembly enacted an act to require that all state employees be paid twice a month for pay periods that began on or after July 1, 2017. Because the payroll system that would have paid state employees twice a month was not implemented, the act: Repeals the requirement that state employees be paid twice a month and restores the monthly and biweekly pay periods; Repeals the one-time loan program that would have allowed any state employee to apply to the department of personnel for a loan to assist the employee in July 2017, when the transition to the twice a month payroll system would have created a 2-week lag in state employees' pay; and Repeals the state personnel director's authority to delay the date by which state employees would be paid twice a month, as the state personnel director no longer intends to implement a twice a month payroll system. In addition, state employee salaries that are paid on a monthly basis are paid on the last working day of the month; except that the salary for the month of June is paid on the first working day of July (pay-day shift). The act codifies current practice by specifying that the pay-day shift does not apply to institutions of higher education. APPROVED by Governor May 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Under current law, a person is immune from arrest and prosecution of certain criminal offenses if the person reports an overdose to an emergency responder and satisfies additional requirements related to the reporting. The act extends the immunity to a person who does not report the overdose to an emergency responder, but aids or seeks aid for the person suffering the overdose and satisfies additional requirements related to the reporting. The act also extends that immunity from arrest and prosecution to the following criminal offenses: Unlawful possession of a controlled substance if the material, compound, mixture, or preparation contains fentanyl, carfentanil, benzimidazole opiate, or an analog thereof; and Unlawful distribution or transfer of the controlled substance for the purpose of consuming all of the controlled substance with another person at a time substantially contemporaneous with the transfer, if the distribution or transfer involves certain controlled substances. The act makes it a level 1 drug misdemeanor rather than a level 3 or level 4 drug felony for unlawful distribution, dispensation, or sale of certain controlled substances if the person reports an overdose to an emergency responder, or aids or seeks aid for the person suffering the overdose, and satisfies additional requirements related to the reporting. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
The act: Eliminates the requirement that a local government hold an election before providing or before operating a facility to provide cable television, telecommunications, or broadband internet services to subscribers; Eliminates the requirement that a local government hold an election to enter into a private partnership to allow a private provider to use local government facilities in connection with the private provider offering cable television service, telecommunications service, broadband internet service, or middle mile infrastructure; and Specifies that a local government may provide middle mile infrastructure, which is broadband infrastructure that does not connect directly to an end-user location. APPROVED by Governor May 1, 2023 EFFECTIVE May 1, 2023 (Note: This summary applies to this bill as enacted.)
Current law limits product liability actions against manufacturers of firearms and ammunition to situations in which there was a defect in the design or manufacture of a firearm or ammunition. The act repeals that limitation. The act defines the terms "firearm industry member" (industry member) and "firearm industry product" (industry product) and requires each industry member that is engaged in the manufacture, distribution, importation, marketing, or wholesale or retail sale of an industry product in Colorado to establish and implement reasonable controls and precautions related to the industry product in its control. An industry member shall not knowingly engage in conduct, through acts or omissions, that violates statutory firearms provisions or the "Colorado Consumer Protection Act". If an industry member's knowing violation of the provisions of the act creates a reasonably foreseeable risk of harm, the violation is presumed to be the proximate cause of the harm in an action brought pursuant to the act. An intervening act by a third party, including unlawful misuse of an industry product, does not protect an industry member from liability. A cause of action may be brought within 5 years after the date that the violation or harm occurs. APPROVED by Governor April 28, 2023 EFFECTIVE October 1, 2023 (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies (department), as contained in the department's 2022 sunset review of the human trafficking prevention training (training). The act continues the training for 7 years, until September 1, 2030. APPROVED by Governor April 28, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
