The act enacts the "Interstate Licensed Professional Counselors Compact", which, once effective, will allow licensed professional counselors in any state that has joined the compact (member state) to provide: Licensed professional counselor services in each member state under a privilege to practice; and Telehealth services in each member state under a privilege to practice. The act authorizes the state board of licensed professional counselor examiners (board) to promulgate rules and to facilitate Colorado's participation in the compact, including notification to the Counseling Compact Commission (commission) established by the compact of any adverse action taken by the board against a Colorado licensed professional counselor. The commission includes a delegate from each member state and has the powers and duties set forth in the act. The compact becomes effective on the date the compact is enacted in the tenth member state. The act appropriates $104,538 to the department of regulatory agencies from the division of professions and occupations cash fund for use by the division of professions and occupations to implement the act. (Note: This summary applies to this bill as enacted.)
The act creates a peer health assistance program (program) for dental hygienists to assist dental hygienists with physical, emotional, or psychological problems that may be detrimental to the dental hygienist's ability to practice dental hygiene. The program is funded by an annual $15 fee each dental hygienist is required to pay upon initial licensure and upon reinstatement or renewal of the dental hygienist's license. (Note: This summary applies to this bill as enacted.)
The act requires the division of insurance (division), on or before November 1, 2022, to retain by contract one or more entities that have experience in actuarial reviews, health-care policy, and health equity (contractors) for the purpose of performing actuarial reviews of legislative proposals that may impose a new health benefit coverage mandate on health benefit plans or reduce or eliminate coverage mandated under health benefit plans. The contractors, under the direction of the division, shall conduct an actuarial review of up to 6 such legislative proposals for each regular legislative session as follows: Up to 2 members of the majority party of the house of representatives may submit a request for an actuarial review; One member of the minority party of the house of representatives may submit up to one request for an actuarial review; Up to two members of the majority party of the senate may submit a request for an actuarial review; and One member of the minority party of the senate may submit up to one request for an actuarial review. Each actuarial review performed by the contractors must consider the predicted effects of the legislative proposal during the 5 and 10 years immediately following the effective date of the proposed legislation, or during another time period following the effective date if such consideration is more actuarially feasible, including specifically described considerations. A request for an actuarial review and the final report resulting from such a request must be treated as confidential except by the member of the general assembly who made the request until the legislative proposal that is the subject of the actuarial review is introduced in the regular legislative session following the submission of the request for the actuarial review or, if no such legislative proposal is introduced, until after the end of the legislative session following the submission of the request. The division may not engage any contractor to perform an actuarial review unless the division determines that there are adequate resources available within existing appropriations to compensate the contractor for the actuarial review. In preparing a fiscal note for any legislative proposal that may impose a new health benefit mandate on health benefit plans, the legislative service agency charged with preparing the fiscal note shall include a statement that a report has been prepared by the contractors for the legislative proposal and an indication of how the report may be obtained in its entirety. The act is repealed, effective November 1, 2027. For the 2022-23 state fiscal year, the act appropriates $100,000 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance as follows: $50,000 for personal services; and $50,000 for operating expenses.(Note: This summary applies to this bill as enacted.)
The act requires the behavioral health administration (BHA) in the department of human services (department) to create and implement a behavioral health-care provider workforce plan on or before September 1, 2022. The plan must: Include recruitment methods to increase and diversify the behavioral health-care provider workforce; Require the BHA to partner with the department of higher education to better prepare the future behavioral health-care provider workforce for public sector service, to develop paid job shadowing and internship opportunities, and to develop partnerships with learning facilities and training centers; Include strategies for the BHA to work with community colleges and other institutions of higher education to recruit residents of health professional shortage areas, with the goal of educating these individuals in behavioral health-care fields so that they will return to practice in areas of need; In collaboration with institutions of higher education, the community college system, the department of higher education, and the work force development council, create a new program to help behavioral health-care providers advance in their respective fields; Require the BHA to expand the peer support professional workforce; Include proposals to work with law enforcement organizations to cross-train first responders in behavioral health, increase cultural competencies, and reduce the stigma of receiving mental health services; and Through an interagency agreement with other state agencies, raise awareness among health-care providers concerning opportunities to invest in and strengthen their behavioral health-care staff. The act requires the division of professions and occupations in the department of regulatory agencies (DORA) to make recommendations to expand the portability of existing credentialing requirements and behavioral health-care practice through telehealth. The act requires the BHA to: In collaboration with DORA, establish workforce standards that strengthen the behavioral health-care provider workforce and increase opportunities for unlicensed behavioral health-care providers; Work with other state agencies to reduce the administrative burden across agencies to ensure behavioral health-care providers have additional time to focus on patient care; Collaborate with other state agencies on behavioral health-care issues; Use the learning management system to develop and implement a comprehensive, collaborative, and cross-system training certification and training curriculum of evidence-based treatment and evidence-based criminal justice approaches for behavioral health-care providers working in programs to obtain a criminal justice treatment provider endorsement; and Develop methods to strengthen Colorado's current behavioral health-care provider workforce. In 2023 and 2024, the department is required to provide an overview of the BHA's progress toward addressing the behavioral health-care provider workforce shortage during the hearings held prior to the regular session of the general assembly under the "SMART Act". On or before January 1, 2023, and January 1, 2024, the community college system is required to submit a report to the BHA that includes a summary of the behavioral health career pathway and it implementation. Pursuant to the relief authorized by the federal American Rescue Plan Act of 2021, for the 2022-23 state fiscal year, the act, appropriates the following amounts from the behavioral and mental health cash fund for the purposes of the act: $36,806,984 to the department for use by the BHA; $20,000,000 to the department of public health and environment for use by the primary care office to provide loan repayment and scholarships for behavioral health-care providers and candidates for licensure who are participating in the Colorado health service corps; and $15,193,018 to the department of higher education.(Note: This summary applies to this bill as enacted.)
The act requires the Colorado state forest service to make certain upgrades and improvements to its seedling tree nursery in order to expand its capacity and its ability to contribute to reforestation efforts in the state. The act is repealed as of January 1, 2025. For the 2022-23 state fiscal year, $5,000,000 is appropriated to the department of higher education for use by the board of governors of the Colorado state university system for the Colorado state forest service tree nursery. (Note: This summary applies to this bill as enacted.)
The act allows a pharmacy located within a hospice inpatient unit to register as a specialized prescription drug outlet for the purposes of providing drugs, devices, and pharmacist services to the residents of the hospice inpatient unit. $53,611 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies for use by the division of professions and occupations. (Note: This summary applies to this bill as enacted.)
Current law sets forth emergency procedures to transport a person for a screening and to detain a person for a 72-hour treatment and evaluation if the person appears to have a mental health disorder, and as a result of the mental health disorder, appears to be an imminent danger to the person's self or others or appears to be gravely disabled. Current law also sets forth procedures to certify a person for short-term or long-term care and treatment if the person has a mental health disorder, and as a result of the mental health disorder, is a danger to the person's self or others or is gravely disabled. The act modifies these procedures by: Transferring duties of the executive director of the department of human services to the commissioner (commissioner) of the behavioral health administration (BHA); Limiting who can take a person into protective custody and transport the person to an outpatient mental health facility, a facility designated by the commissioner (designated facility), or an emergency medical services facility (EMS facility) if the person has probable cause to believe a person is experiencing a behavioral health crisis; Requiring the facility where the person is transported to require an application, in writing, stating the circumstances and specific facts under which the person's condition was called to the attention of a certified peace officer or intervening professional; Requiring an intervening professional to screen the person immediately or within 8 hours after the person's arrival at the facility to determine if the person meets the criteria for an emergency mental health hold; Establishing certain rights for a person being transported, which must be explained prior to transporting the person; Effective July 1, 2023: Subjecting a person who files a malicious or false petition for an evaluation of a respondent to criminal prosecution; Authorizing a certified peace officer to transport a person to an EMS facility even if a warrant has been issued for the person's arrest, if the certified peace officer believes it is in the best interest of the person; Authorizing an intervening professional or certified peace officer to initiate an emergency mental health hold at the time of screening the respondent; Authorizing a secure transportation provider to take a respondent into custody and transport the person to an EMS facility or designated facility for an emergency mental health hold; Expanding the list of professionals who may terminate the emergency mental health hold; Requiring the evaluation to be completed using a standardized form approved by the commissioner; Requiring an EMS facility to immediately notify the BHA if a person is evaluated and the evaluating professional determines that the person continues to meet the criteria for an emergency mental health hold and the facility cannot locate appropriate placement; Requiring the BHA to support the EMS facility in locating an appropriate placement option. If an appropriate placement option cannot be located, the act authorizes the EMS facility to place the person under a subsequent emergency mental health hold and requires the court to immediately appoint an attorney. Authorizing a designated facility to place the person under a subsequent emergency mental health hold if the person has been recently transferred from an EMS facility to the designated facility and the designated facility is unable to complete the evaluation before the initial emergency mental health hold is set to expire; and Requiring the facility to provide the person with discharge instructions; facilitate a follow-up appointment within 7 calendar days after discharge; attempt to follow up with the person 48 hours after discharge; and encourage the person to designate a family member, friend, or lay person to participate in the person's discharge planning. Effective January 1, 2024: Authorizing the BHA to delegate physical custody of the respondent to a designated facility; Requiring an extended certification to be filed with the court at least 30 days prior to the expiration of the original certification; Establishing requirements for a short-term or long-term certification on an outpatient basis; and Requiring the outpatient treatment provider, in collaboration with the BHA, to develop a treatment plan for the respondent and requiring the BHA to create a one-step grievance process for the respondent related to the respondent's treatment plan or provider. The act establishes a right to an attorney for a person certified for short-term or long-term care and treatment, regardless of income. The act establishes certain rights for a person transported or detained for an emergency mental health hold or certified on an outpatient basis. The act modifies current rights for a person certified for short-term or long-term care and treatment on an inpatient basis. Beginning January 1, 2025, the act requires the BHA to annually submit a report to the general assembly on the outcomes and effectiveness of the involuntary commitment system, disaggregated by region, including any recommendations to improve the system and outcomes for persons involuntarily committed or certified. The act appropriates $522,433 to the department of human services, $177,426 to the department of law, and $86,700 to the judicial department. (Note: This summary applies to this bill as enacted.)
The act amends the "Workers' Compensation Act of Colorado" by: Creating a process for a claimant to receive advance payment for mileage expenses for travel that is reasonably necessary and related to obtaining compensable treatment, supplies, or services and that requires round-trip travel greater than 100 miles; Specifying how to determine the benefit amount for medical impairment when the amount payable using the schedule of injuries would exceed the amount payable for nonscheduled injuries; Increasing the maximum benefit payable for funeral and burial expenses; Requiring reporting by employers to the division of workers' compensation (division) in the department of labor and employment of active medical treatments necessary to cure and relieve an injury lasting for a period of more than 180 calendar days after the date of the injury; and Repealing the special funds board and moving the duties of the board to the director of the division. (Note: This summary applies to this bill as enacted.)
The act modernizes and simplifies the terminology used in creating and transferring state government entities among principal departments under the "Administrative Organization Act of 1968" (AOA) and throughout the Colorado Revised Statutes while preserving the status and the powers assigned in current law to entities in the AOA. The act defines " type 1 entity" and " type 2 entity" and states that when a new entity is created as a type 1 entity or a type 2 entity and allocated to a principal department under the AOA, or when an existing entity is transferred from one principal department to another, the entity has all of the powers, duties, and functions of a type 1 or type 2 entity, as applicable. The act eliminates language regarding type 1 and type 2 transfers and specifies that when an existing entity is transferred from one principal department to another, the transferred entity exercises its powers and performs its duties and functions in the principal department to which it was transferred as a type 1 or type 2 entity, as specified in law. The act amends organic statutes for the principal departments to specify the type 1 or type 2 status of the entities within those principal departments where the type 1 or type 2 status is not stated. The act also amends the AOA to specify the type 1 or type 2 status of the entities where the type 1 or type 2 status is found in the organic statute but is missing in the AOA. The act eliminates references to type 3 transfers, which were previously used when an original entity and its powers, duties, and functions were transferred to another principal department and the original entity was abolished. For entities that are being abolished, the act specifies that the powers, duties, and functions of the abolished entity are included in powers, duties, and functions of the entity to which it was transferred. The act also corrects errors in the names of entities to make references consistent throughout the statutes. (Note: This summary applies to this bill as enacted.)
The act requires a state or local government agency (agency), including an institution of higher education, that uses or intends to develop, procure, or use a facial recognition service (FRS) to file with its reporting authority a notice of intent to develop, procure, or use the FRS and specify a purpose for which the technology is to be used. For a state agency, the reporting authority is the office of information technology in the governor's office; for a local government agency, the reporting agency is the city council, county commission, or other local government agency vested with legislative powers. After filing the notice of intent, the agency must produce an accountability report that includes certain information and policies regarding the proposed use of the FRS. The act establishes requirements for the adoption, implementation, disclosure, and updating of accountability reports. The act also requires an agency using an FRS to subject to meaningful human review any decisions that result from such use and produce legal or similarly significant effects concerning individuals. An agency must test the FRS in operational conditions before deploying the FRS in a context in which it will be used to make such decisions. An agency using an FRS must conduct periodic training of all individuals who operate the FRS or who process personal data obtained from the FRS. An agency must maintain records that are sufficient to facilitate public reporting and auditing of compliance with the agency's facial recognition policies. The act also prohibits a law enforcement agency (LEA) from: Using an FRS to engage in ongoing surveillance; conduct real-time or near real-time identification; or start persistent tracking unless the LEA obtains a warrant authorizing such use, such use is necessary to develop leads in an investigation, the LEA has established probable cause for such use, or the LEA obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person; Applying an FRS to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or any other characteristic protected by law; Using an FRS to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the Colorado constitution; Using the results of an FRS as the sole basis to establish probable cause in a criminal investigation; or Substantively manipulating an image for use in an FRS in a manner not consistent with the FRS provider's intended use and training. An agency must disclose its use of an FRS on a criminal defendant to that defendant in a timely manner prior to trial. In January of each year: Any judge who has issued or extended a warrant for the use of an FRS during the preceding year, or who has denied approval of such a warrant during that year, must report certain information to the state court administrator; and Any agency that has applied for a warrant or an extension of a warrant for the use of an FRS to engage in any surveillance must provide to the agency's reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance. The requirements of the act do not apply to: An agency that is required to use a specific FRS pursuant to a federal regulation or order or that uses an FRS in partnership with a federal agency to fulfill a congressional mandate, fulfill aviation security directives, or comply with federal law; that uses an FRS in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport; or that uses an FRS in connection with a physical access control system in order to grant or deny access to a sterile area of an airport; The use of an FRS solely for research purposes by a state agency, so long as the use does not result in or affect any decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals; or A utility. The act also prohibits a school district or a public school, charter school, or institute charter school from contracting with a vendor for the purchase of, or services related to, an FRS until July 1, 2025. However, the prohibition does not apply to a contract: That was executed before the effective date of the act; or For the purchase of, or for services related to, a generally available consumer product that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or images for personal or household use. The act also creates a task force for the consideration of FRSs (task force) and requires the task force to examine and report to the joint technology committee of the general assembly concerning the extent to which state and local government agencies are currently using FRSs and provide recommendations concerning the extent to which such agencies should be permitted to continue to do so, including certain specific considerations. The task force must submit a report on or before October 1, 2023, and on or before each October 1 thereafter, to the joint technology committee. The report must include a recommendation as to whether the scope of the issues for study by the task force should be expanded to include consideration of artificial intelligence other than FRSs, or even artificial intelligence itself, and whether the membership of the task force should be adjusted accordingly. The task force is repealed, effective September 1, 2027, subject to a sunset review by the department of regulatory agencies. The act also states that an individual may authorize an agent to access and process the individual's personal data or other information held by a controller and that is otherwise accessible to the individual, and such an authorization does not constitute cybercrime. For the 2022-23 state fiscal year, the act appropriates $11,109 from the general fund to the legislative department. (Note: This summary applies to this bill as enacted.)
Colorado law allows the department of revenue (department) to register a vehicle for less than a year so that all of the vehicle owner's registrations for all of the owner's vehicles expire at the same time. The taxes and fees are prorated. Section 2 of the act clarifies that the surcharges are also prorated. Colorado law sets the late registration fee for camper trailers and multipurpose trailers at $10. Section 3 sets trailer coaches at the same late registration fee. Colorado law prohibits transferring a license plate with a vehicle, but exempts certain plates. Section 4 adds distinctive special license plates, group special license plates, and special alumni license plates to the exemption and adds intrastate commercial vehicle, trailers, and special mobile machinery to the types of plates that cannot be transferred. Section 5 clarifies that the owner of an inoperable vehicle undergoing maintenance, repair, restoration, rebuilding, or renovation must pay an annual specific ownership tax. Upon payment of the tax, the owner will receive evidence of registration to affix to the vehicle, such as a license plate or decal, and isn't charged surcharges or fees if the owner keeps the vehicle on private property for the purposes of maintenance, repair, restoration, rebuilding, or renovation. Section 6 creates a license plate to celebrate Colorado's 150th anniversary of becoming a state. Colorado law requires the owner of a truck to present a certified scale ticket showing the weight of the truck if the truck is subject to certain weight-based fees, has not been modified, and weighs between 4,500 pounds and10,000 pounds. Section 7 authorize the owner to present a manufacturer's certificate of origin, certificate of title, certified scale ticket, or other documents or systems as determined by rule. The department uses a table to compute certain registration fees that are based on weight for vehicles that weigh less than 10,000 pounds. Section 8 lowers this weight to 6,000 pounds. Colorado law requires an applicant for a certificate of title for a motor or off-highway vehicle to provide any lien document as an original or as a copy, which must be certified by the lienholder to be a true copy of the original lien. Similarly, a lienholder that is filing a lien must file any lien document as an original or a copy, which the lienholder must certify is a true copy. Sections 9, 10, and 11 repeal the requirement that the lienholder certify the copy. Section 9 and 11 also remove language that says that vehicle lien filings are public records. To release a lien on a motor or off-highway vehicle, current law requires the lienholder to file a lien release, which must include a written declaration that is made under penalty of perjury. Section 12 adds an option that the lienholder may file a notarized declaration. Colorado law requires a motor vehicle dealer to pay a $25 fee to the executive director of the department for a certificate of title. Section 13 clarifies that the fee can be paid to a county clerk or third-party vendor, which is typically the entity that is processing the transaction. Section 14 splits this $25 dollar fee, if paid to the county clerk, so that the county clerk retains $21.80 and forwards the rest to the department. Colorado law requires a vehicle owner to obtain a bonded certificate of title if the vehicle owner cannot present the ordinary proof of ownership. To obtain a title in lieu of a bonded title on a collector's item, street-rod vehicle, or horseless carriage of 25 years old or older, the applicant must present, among other things, a notarized bill of sale. Section 15 repeals the requirement that the bill of sale be notarized. To register a motor vehicle, a vehicle owner must pay a road safety surcharge and a bridge safety surcharge. Section 16 sets the road safety surcharge at $16 for trailer coaches, which are trailers that are at least 26 feet long and used for temporary living quarters. Section 17 sets the bridge safety surcharge at $13 for trailer coaches. Section 18 appropriates $318,840 to the department to implement the act. (Note: This summary applies to this bill as enacted.)
The act establishes the state procurement equity program (program) in the department of personnel (department) for the purpose of reducing disparities identified in the state disparity study report prepared as required by Senate Bill 19-135 between the availability of historically underutilized businesses and the utilization of such businesses in state procurement. For preliminary implementation of the program, the department, in line with recommendations made in the state disparity study report, is required to: Provide solicitation assistance, defined by the act as the provision of real-time responses to questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts; and Create a bond assistance program to help historically underutilized businesses to offset all or a portion of the cost of obtaining a surety bond that is required for a solicitation for a state procurement opportunity. The act transfers $2 million from the general fund to a newly created bond assistance program cash fund, and the fund is continuously appropriated to the department to implement the bond assistance program. The department is also required to convene, contract with a facilitator to facilitate discussion among, engage in consultation with, and strongly consider the formal policy recommendations of a stakeholder group, which, to the extent practicable, consists of government employees with procurement expertise, an employee of the procurement technical assistance center, a representative of the associated general contractors, owners or high-ranking employees of various types of historically underutilized businesses, and owners or high-ranking employees of businesses that are not historically underutilized businesses but have a demonstrable record of successful engagement and contracting with small businesses and have competed for or been awarded state contracts. The stakeholder group also includes any other individuals who have a demonstrable commitment to furthering equity in government procurement and substantial knowledge of procurement equity best practices who the department deems necessary or appropriate to include. The stakeholder group is required to: Closely examine the findings, conclusions, and recommendations in the state disparity study report; Using the information in the state disparity study report as a baseline for studying procurement equity programs in other states and at the federal and large local government level, identify best practices for successful program implementation and administration; and No later than November 1, 2023, present to the department a report of specific findings, remedial measures, and recommendations that includes, at a minimum: Prioritization of the recommendations in the state disparity study report; Confirmation or refutation of specified disparity study report findings; A preliminary estimate of the amount of initial and ongoing funding, personnel, information technology resources, and other resources needed to implement the policy recommendations and remedial measures in accordance with identified best practices; A step-by-step timeline for full implementation of the program; Suggested methodologies and metrics for evaluating the success of the program and ensuring program accountability on both the state agency and prime contractor sides; and Identification of any public or private sources of funding or other resources that may be available to expedite the implementation or ongoing administration of the program and reduce costs to the state. The department is required to report on its progress and policy recommendations and any suggested remedial measures of the stakeholder group, the preliminary plans, recommendations, and remedial measures of the department regarding full implementation of the program, and any recommendations that the department has regarding the need for related legislation during its January 2025 annual presentation to legislative oversight committees required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". $2,007,707 is appropriated from the general fund to the department, of which: $1,046,345 is for use by the executive director's office for the state procurement equity program; $961,362 is for use by the division of human resources for liability claims and liability legal services; and $114,824 is reappropriated from the money appropriated to the department to the office of information technology for the purpose of providing information technology services for the department.(Note: This summary applies to this bill as enacted.)
