Section 1 of the act directs the department of public health and environment (department) to convene stakeholders to inform the department regarding a structure and governing guidance for a recycling market development center to support the development of end-market businesses within the state. Section 1 also directs the department to conduct a literature review of what industry and other states are doing around the country regarding producer responsibility and to create policy and legislative recommendations regarding the feasibility of requiring producers to design, manage, and finance programs for end-of-life management of their products and packaging as a condition of sale. Sections 3, 4, and 5 allow the pollution prevention advisory board (board) to use the recycling resources economic opportunity fund and the front range waste diversion cash fund to reimburse eligible recycling businesses for locally assessed personal property taxes paid in the current tax year in this state on personal property. Section 2 directs the board to establish a formula that it would use in awarding personal property tax reimbursements. Section 6 requires the department, as soon as practicable, to administer a statewide campaign to educate Colorado residents concerning recycling. The department shall ensure the campaign includes: Communications delivered via social media; Television and radio public service announcements; and The placement of written materials in public locations, such as community centers, recreation centers, and shopping centers. In administering the campaign, the department shall consult with municipal governments, county governments, and private agencies that operate recycling programs. The department may contract with one or more public or private entities for the preparation of materials to be used in the campaign. The requirement is repealed, effective September 1, 2021. Section 7 appropriates $985,283 from the recycling resources economic opportunity fund and 2.1 FTE to the department to implement the act. (Note: This summary applies to this bill as enacted.)
The act removes the requirement that a state assessment in social studies be administered to high school students. (Note: This summary applies to this bill as enacted.)
With regard to coverage under a health benefit plan for HIV infection prevention medications, the act: Prevents a health insurance carrier from requiring a covered person to undergo step therapy or to receive prior authorization before receiving HIV infection prevention drugs prescribed and dispensed by a pharmacist; and Requires carriers to reimburse a pharmacist employed at an in-network pharmacy for prescribing HIV infection prevention drugs to a covered person and to provide an adequate consultative fee to those pharmacists. Additionally, the act: Allows a pharmacist to prescribe and dispense HIV infection prevention drugs pursuant to a standing order or a statewide protocol if the pharmacist fulfills specific requirements; Directs the department of public health and environment to develop and implement a standing order for pharmacists to prescribe post-exposure HIV infection prevention drugs; Directs the state board of pharmacy, the Colorado medical board, and the state board of nursing, in collaboration with the department of public health and environment, to develop statewide drug therapy protocols for pharmacists to prescribe and dispense HIV infection prevention drugs and the state board of pharmacy to promulgate rules to implement the protocols; and Expands the definition of "practice of pharmacy" to include the prescribing and dispensing of HIV infection prevention drugs and the ordering of laboratory tests in conjunction with prescribing or dispensing the drugs. $13,347 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act. (Note: This summary applies to this bill as enacted.)
The act delays the effective date of the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act" until January 1, 2023. Appropriations for fiscal year 2020-21 related to the "Colorado Electronic Preservation of Abandoned Estate Planning Documents Act" to the judicial department for: Information technology infrastructure is decreased by $125,230, and Trial court programs is decreased by $28,147.(Note: This summary applies to this bill as enacted.)
The act requires insurance carriers to provide coverage for the treatment of substance use disorders in accordance with the American society of addiction medicine (ASAM) criteria for placement, medical necessity, and utilization management determinations in accordance with the most recent edition of the ASAM criteria. The act also authorizes the commissioner of insurance, in consultation with the department of human services (DHS) and the department of health care policy and financing, to identify by rule alternate nationally recognized substance-use-disorder-specific treatment criteria if the ASAM criteria are no longer available, relevant, or reflect best practices. These provisions apply to health benefits plans issued or renewed on or after January 1, 2022. The act prohibits managed service organization contracted providers; withdrawal management services; and recovery residences from denying access to medical or substance use disorder treatment services, including recovery services, to persons who are participating in prescribed medication-assisted treatment for substance use disorders. In addition, the act prohibits courts and parole, probation, and community corrections from prohibiting the use of prescribed medication-assisted treatment as a condition of participation or placement. The act requires managed care entities to provide coordination of care for the full continuum of substance use disorder and mental health treatment and recovery services, including support for individuals transitioning between levels of care. The act authorizes the commissioner of insurance, in consultation with the department of public health and environment (CDPHE), to promulgate rules, or to seek a revision of the essential health benefits package, for prescription medications for medication-assisted treatment to be included on insurance carriers' formularies. The act requires insurance carriers to report to the commissioner of insurance on the number of in-network providers who are licensed to prescribe medication-assisted treatment for substance use disorders, including buprenorphine, and the number of prescriptions for medication-assisted treatment filled by enrollees. Further, insurance carriers shall report on the carrier's efforts to ensure sufficient capacity for and access to medication-assisted treatment. The act requires the commissioner of insurance to promulgate rules concerning the reporting. The act requires insurance carriers to provide coverage for at least one opiate antagonist. The act consolidates part 1 of article 82 of title 27, Colorado Revised Statutes, relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of drugs into the existing part 1 of article 81 of title 27 relating to emergency treatment and voluntary and involuntary commitment of persons for treatment of alcohol use disorders, in order to create a single process that includes all substances. The new scope of part 1 of article 81 of title 27 includes both alcohol use disorder and substance use disorder under the defined term "substance use disorder".The amendments and additions to part 1 of article 81 of title 27 include: Defining "administrator" to include an administrator's designee; Adding a definition of "incapacitated by substances" to include a person who is incapacitated by alcohol or incapacitated by substances; Changing terminology throughout that refer to "substances" to include both alcohol and drugs; Adjusting the duration of the initial involuntary commitment from 30 days to up to 90 days; Allowing a person to enter into a stipulated order for committed treatment, expediting placement into treatment; Removing the mandatory hearing for the initial involuntary commitment but allowing a person to request a hearing if the person does not want to enter into a stipulated order for committed treatment; Incorporating in statute "patient's rights" relating to civil commitment; Using person-centered language throughout the statutory process; and Relocating the existing opioid crisis recovery funds advisory committee from article 82 in title 27 to article 81 in title 27. In addition, the act amends statutory references, including several in the professional licensing statutes in title 12, Colorado Revised Statutes, to remove references to both alcohol use disorder and substance use disorder as grounds for professional discipline, and replaces those terms with the single term "substance use disorder", which the act now defines in article 81 of title 27 to include both drugs and alcohol. The act also amends statutory references to provisions in part 2 of article 82 of title 27, which the act repeals and replaces those references with a new reference to the relevant provisions in article 81 of title 27. (Note: This summary applies to this bill as enacted.)
Under current law, the department of public health and environment (department) receives pharmaceutical rebates for money it receives based on charges in excess of a federal price agreement related to the state's operation of a drug assistance program to assist individuals with lower incomes who have medical or preventive needs regarding AIDS or HIV (state program). The rebates are designated in statute as donations. The act removes the statutory designation of the rebates as a donation and creates a cash fund into which the rebates are credited for continuous appropriation to the department for the state program. The cash fund is exempted from the statutory limit on uncommitted reserves in a cash fund. (Note: This summary applies to this bill as enacted.)
The act only takes effect if the voters statewide approve the repeal of constitutional provisions related to property tax assessment rates set forth in Senate Concurrent Resolution 20-001. Beginning with the property tax year that commences on January 1, 2020, the act creates a moratorium on changing property tax assessment rates. The act also makes conforming amendments to reflect the repealed constitutional provisions. (Note: This summary applies to this bill as enacted.)
The act requires the state board of education (state board) to stagger the review and revision of the preschool through elementary and secondary education standards as follows: On or before July 1, 2022, and on or before July 1 every 6 years thereafter, the state board shall review and revise approximately 1/3 of the preschool through elementary and secondary education standards; On or before July 1, 2024, and on or before July 1 every 6 years thereafter, the state board shall review and revise approximately 1/3 of the preschool through elementary and secondary education standards; and On or before July 1, 2026, and on or before July 1 every 6 years thereafter, the state board shall review and revise the remaining approximately 1/3 of the preschool through elementary and secondary education standards. The state board shall ensure that all preschool through elementary and secondary education standards are reviewed one time every 6 years. (Note: This summary applies to this bill as enacted.)
Section 1 of the act repeals the existing statutory criteria for congressional districts. Sections 2 to 13 of the act establish statutory provisions concerning congressional districts established by the new independent congressional redistricting commission (congressional commission) and update the existing statutory provisions related to the independent legislative redistricting commission (legislative commission), including: Stating the general assembly's intent that the congressional commission and legislative commission (commissions) apply the correct federal citation to the "Voting Rights Act of 1965" rather than the incorrect citation contained in the Colorado constitution; Requiring the legislative commission to designate which year an election for each senate district takes place and to specify from which district a new senator is elected when there is a vacancy in a senatorial district; Requiring the commissions to provide maps of the proposed and final congressional and legislative districts to county clerks, the Colorado supreme court, and the secretary of state; Requiring boards of county commissioners to approve new precinct boundaries and to notify the secretary of state and major party chairs of the new precinct boundaries; Specifying how the secretary of state may correct a redistricting plan if an approved plan fails to include property in any district, includes property in more than one district, or splits a residential parcel; Specifying that the boundaries of a district approved in a redistricting plan do not change if there is a change in a county or municipal boundary; and Requiring the secretary of state to provide maps of districts to candidates. Section 14 of the act requires the commissions to use the total population used by the federal census bureau in reapportioning the seats in congress as adjusted by nonpartisan staff to move certain prisoners from being counted in the prison. Section 15 of the act creates separate accounts within the legislative department cash fund (cash fund) for each of the commissions and transfers money from the cash fund to each of the commissions to pay for their work. Sections 16 to 18 of the act make conforming amendments to update the statutes on the redistricting account in the legislative cash fund, the "Colorado Open Records Act", and duties of county commissioners to reflect the congressional and legislative commissions. Sections 19 to 25 of the act contain nonstatutory provisions relating to the commissions as required by the state constitution, including: Appointing nonpartisan staff to assist the commissions; Directing staff to prepare forms for and review applications from persons interested in serving on the commissions and assisting the panels of retired justices and judges who appoint members of the commissions; Assembling the necessary hardware, software, and information necessary for the commissions and nonpartisan staff to redistrict congressional and legislative districts; and Establishing the necessary procedures for the judicial panels, commissions, and nonpartisan staff to receive a per diem and reimbursement of expenses.(Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies in its sunset review of the water and wastewater facility operators certification board by: Extending the repeal date of the board until September 1, 2031; Amending the definition of "domestic wastewater treatment facility" by excluding small on-site wastewater treatment systems with a design capacity of 2,000 gallons or less per day, unless the system discharges directly to surface water; Amending the definition of "industrial wastewater treatment facility" by: Repealing the exclusion of facilities designed to operate for less than one year and facilities with in-situ discharges; and Adding an exclusion of construction dewatering activities that use only passive treatment and occur for less than one year; Creating a water and wastewater facility operators fund for fees that the board receives directly and uses for the exclusive use of the regulatory program; and Repealing an obsolete provision of law relating to a reorganization of the board on July 1, 2004. The act appropriates $24,815 from the water and wastewater facility operators fund to the department of public health and environment for use by the drinking water program in the water quality control division. (Note: This summary applies to this bill as enacted.)
The act prohibits a principal, which includes an employer, certain labor contractors, public employers, and entities that contract with 5 or more independent contractors, from discriminating, retaliating, or taking adverse action against any worker who: In good faith, raises any concern about workplace health and safety practices or hazards related to a public health emergency to the principal, the principal's agent, other workers, a government agency, or the public if the workplace health and safety practices fail to meet guidelines established by a federal, state, or local public health agency with jurisdiction over the workplace; Voluntarily wears at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, under specified circumstances; or Opposes a practice the worker reasonably believes is unlawful or makes a charge, testifies, assists, or participates in an investigation, proceeding, or hearing of alleged unlawful acts. Additionally, a principal is prohibited from requiring or attempting to require a worker to sign a contract or other agreement that limits or prevents the worker from disclosing information about workplace health and safety practices or hazards related to a public health emergency. A worker who knowingly discloses false information or discloses information with reckless disregard for the truth or falsity of the information is not protected under the act. A person may seek relief by: Filing a complaint with the division of labor standards and statistics (division) in the department of labor and employment; Bringing an action in district court, after exhausting administrative remedies; or Bringing a whistleblower action in the name of the state in district court, after exhausting administrative remedies. The division is authorized to adopt rules necessary to implement the act. $270,153 is appropriated to the department of labor and employment from the employment support fund, of which $206,193 is allocated for use by the division for enforcement of worker's rights related to a public health emergency, based on the assumption that the division will require an additional 2.5 FTE, and $63,960 is reappropriated to the department of law for legal services. (Note: This summary applies to this bill as enacted.)
The act implements, with amendments, the recommendations of the department of regulatory agencies (department) in its sunset review and report on the licensing of occupational therapists and occupational therapy assistants (OTAs) by the director of the division of professions and occupations in the department. Specifically, the act: Continues the "Occupational Therapy Practice Act" for 10 years, until 2030; Modifies the legislative declaration and definitions related to the scope of practice of occupational therapy; Designates "occupational therapy consultant", "M.O.T.", "M.O.T./L.", "occupational therapy assistant", "O.T.A.", and "C.O.T.A." as protected titles and clarifies that individuals who legally practice temporarily as occupational therapists in Colorado may use protected titles; Reorders and amends certain provisions concerning examinations and applications for licensure by occupational therapists and OTAs; and Adds certain prohibited behaviors as grounds for discipline.(Note: This summary applies to this bill as enacted.)
