Beginning March 1, 2021, the act requires a health care provider (provider) to disclose to patients if the provider has been convicted of a sex offense or has been subject to final agency action resulting in probation or a limitation on practice when the discipline is based in whole or in part on the provider's sexual misconduct. The act specifies the content of the disclosure and requires the provider to obtain the patient's signed agreement to treatment and acknowledgment of receipt of the disclosure before rendering services to the patient. The disclosure requirement ends when a provider has satisfied the requirements of probation or other limitations on the provider's ability to practice. Additionally, a provider is not required to make the disclosure before providing professional services to a patient who is unconscious or otherwise unable to comprehend or sign the disclosure and for whom a guardian is unavailable; who seeks care at an emergency room or freestanding emergency department or at an unscheduled visit; who is unknown to the provider until immediately before the start of the patient visit; or with whom the provider does not have a direct treatment relationship or direct contact. Failure to comply with the requirements of the act constitutes unprofessional conduct or grounds for discipline under the practice act that regulates the provider's profession but does not create a private right of action. (Note: This summary applies to this bill as enacted.)
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The act implements the recommendations of the department of regulatory agencies' 2019 sunset review and report on the functions of the Colorado state board of chiropractic examiners (board) by: Continuing the board for 9 years, until 2029; Repealing the requirement that members of the board be citizens of the United States; Repealing the requirement that an applicant for licensure pass the examination given by the National Board of Chiropractic Examiners and authorizing the board to determine the appropriate examination; Changing the continuing education requirements for a licensed chiropractor (licensee) from 15 hours annually to 30 hours every 2 years; Clarifying the grounds for discipline of a licensee concerning the use or abuse of controlled substances or alcohol and modifying the definition of "unethical advertising"; Requiring a licensee to notify the board of any physical or mental conditions that limit the ability to safely deliver chiropractic services and allowing the board to enter into an agreement with the licensee that specifies the limitations on the licensee's practice; Clarifying that a license is not prohibited or required for a chiropractic student or intern to perform chiropractic services in this state while under the supervision of a licensee; and Allowing chiropractic students at board-approved schools to perform supervised chiropractic services with the signed, written consent of the patient.(Note: This summary applies to this bill as enacted.)
The bill adds definitions for "peer support professional" and "recovery support services organization" for the purposes of permissible claims submitted for reimbursement under the medical services program. A recovery support services organization (recovery organization) may bill and submit for reimbursement certain eligible peer support services (support services) provided by peer support professionals. The department of human services (department) is responsible for approving a recovery support services organization for reimbursement for support services. The bill sets forth detailed criteria for approval by the department, and the department is given rule-making authority to establish other criteria and standards as necessary. The bill creates a refundable income tax credit available for income tax years commencing on or after January 1, 2021, but before January 1, 2031, for eligible peer support professionals (eligible individuals) who have worked in Colorado at least part-time for at least 3 years in the behavioral health sector and who either return to school or who graduate and return to work in the public or private health care sector. The tax credit is available for 4 consecutive years for eligible individuals who return to school and for 3 consecutive years for eligible individuals who return to work after attending school. The office of behavioral health in the department of human services (office) shall, in conjunction with the department of human services, review documentation supplied by eligible individuals seeking the tax credit and provide certification to the department of revenue if eligibility criteria for the tax credit is met. The office may not issue tax credit certificates that total more than $100,000 per income tax year. (Note: This summary applies to this bill as introduced.)
The bill phases out sub-minimum wage employment for employers that hold a special certificate from the United States department of labor that authorizes employers to pay employees whose earning capacity is impaired by age, physical or mental deficiency, or injury less than the minimum wage. The bill requires each employer that holds a special certificate to submit a transition plan to the Colorado department of labor and employment detailing how the employer plans to phase out sub-minimum wage employment. The bill requires the employment first advisory partnership in the department of labor and employment to develop actionable recommendations to address structural and fiscal barriers to phase out sub-minimum wage employment and successfully implement competitive integrated employment and report the recommendations to the general assembly. The bill requires the department of health care policy and financing to grant money to private employers, not to exceed $25,000 per employer, to provide assistance in developing and implementing a transition plan to phase out sub-minimum wage employment. The bill requires the department of health care policy and financing to add employment-related services for individuals with intellectual and developmental disabilities. (Note: This summary applies to this bill as introduced.)
The bill creates in the department of public health and environment (department) the menstrual hygiene products accessibility grant program (grant program) to provide awards to public schools or school districts in order to provide menstrual hygiene products at no expense to students. The state board of health is required to promulgate rules necessary for the implementation of the grant program. The department shall award grants subject to available appropriations, and may seek, accept, and expend gifts, grants, or donations from private or public sources. (Note: This summary applies to this bill as introduced.)
The bill requires the department of health care policy and financing to reimburse federally qualified health centers (FQHCs) for telemedicine services and clinical pharmacy services provided to medicaid recipients.(Note: This summary applies to this bill as introduced.)
On and after September 1, 2020, the bill prohibits the sale of flavored cigarettes, tobacco products, and nicotine products, including flavored electronic cigarettes, and products intended to be added to cigarettes, tobacco products, or nicotine products to produce a flavor other than tobacco. (Note: This summary applies to this bill as introduced.)
The bill requires tanning facility owners, operators, or employees of owners and operators to obtain from first-time users and retain on file a signed acknowledgment of the risks associated with using artificial tanning devices. Additionally, the bill prohibits owners, operators, or employees from allowing a minor who is under 18 years of age to use an artificial tanning device. A person who violates either of these requirements is subject to a penalty of $250 for the first violation and $500 for each subsequent violation.(Note: This summary applies to this bill as introduced.)
The bill requires the secretary of state (secretary) and county clerk and recorders (county clerk) of certain counties to provide multilingual ballot access. The secretary is required to establish a multilingual ballot hotline (hotline) to provide access to qualified translators in each of the languages in which the most recent decennial census was offered, to assist electors in translating ballot language. The secretary is required to establish the hotline for use during the general election held in November 2020 November 2022 , and for every general election and statewide odd-year election thereafter. The secretary is also required to: Provide notice of the hotline to electors through election day; Ensure that the translators who provide translations for the multilingual hotline are qualified translators; and Promulgate rules as may be necessary to create and administer the hotline. The county clerk of any county that satisfies specified criteria is required to create, in coordination with the secretary, a minority language sample ballot (sample ballot) in any minority language spoken in the county that satisfies the following: The minority language is spoken by at least 2,000 citizens in the county age 18 years or older who speak English less than very well and who speak the minority language at home; or The minority language is spoken by at least 2.5% of citizens in the county age 18 years or older who speak English less than very well and who speak the minority language at home. The bill specifies the information that the county clerk is required to include on the that the sample ballot must include all of the same content that is on the English language ballot as well as and also specifies the format of the sample ballot. In addition, the bill requires that the sample ballots be available for the general election held in November 2020, and for each general election and statewide odd-year election thereafter. The county clerk of any county that satisfies specified criteria is required to provide, upon the request of an elector, an in-person minority language ballot (in-person ballot) in any minority language spoken in the county that satisfies the same criteria specified for sample ballots. An in-person ballot can be a ballot on demand, a ballot from a printed stock of ballots, or a ballot via an electronic voting device. The bill specifies the information that the county clerk is required to include on the that the in-person ballot must include all of the same content that is on the English language ballot and specifies that in-person ballots are required to be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter. The secretary is required to determine, pursuant to specified criteria, which counties in the state are required to provide multilingual ballot access by creating a sample ballot and providing an in-person ballot, and to notify the county clerk of any county that is required to provide such multilingual ballot access. The secretary is required to provide each county clerk that is required to provide multilingual ballot access with a translation in the applicable minority language or languages of all federal and statewide candidates for election, all statewide ballot questions, and all statewide questions regarding the retention of judges content that is certified to the county clerks by the secretary of state for use by the county clerk in creating the multilingual ballot access . For the 2020-21 state fiscal year, $72,112 is appropriated to the department of state from the department of state cash fund for the implementation of the multilingual ballot access requirements. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill prohibits a landlord of a mobile home park or a residential premises (landlord) from: Charging a tenant or mobile home owner a late fee for late payment of rent unless the rent payment is late by at least 14 calendar days; Charging a tenant or mobile home owner a late fee in an amount that exceeds the greater of: $20; or The lesser of 3% of the tenant's or home owner's monthly rent obligation or 3% of the amount of the rent obligation that remains due; Removing, excluding, or initiating eviction procedures against a tenant or mobile home owner solely as a result of the tenant's or mobile home owner's failure to pay late fees; Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent for which a rent subsidy provider, rather than the tenant, is responsible for paying; Imposing a late fee more than once for each late payment; Requiring a tenant or mobile home owner to pay interest on late fees; or Recouping any amount of a late fee from a rent payment made by a tenant or mobile home owner. A landlord may recoup one or more late fees from a tenant or mobile home owner's security deposit if the payment of each late fee is no more than 180 days overdue and the landlord provides written notice to the tenant or mobile home owner that the landlord has recouped each late fee from the tenant or mobile home owner's security deposit. A landlord shall not require a tenant or mobile home owner to pay any fee or other charge other than the rent; except that a landlord may require a tenant or mobile home owner to pay a use-based fee that is described in the rental agreement. If a landlord provides to a tenant or mobile home owner a utility service that is not individually metered, the landlord shall include the cost of the utility service in the tenant's or mobile home owner's rent and charge the actual cost of the utility service on a uniform basis to all tenants or mobile home owners who receive the service. (Note: This summary applies to this bill as introduced.)