Sen. Byron Pelton

The act requires the following regarding the application for a license to practice medicine in Colorado (application) and the questionnaire accompanying the form for a license renewal (questionnaire): The Colorado medical board (board) must consider the recommendations of the Federation of State Medical Boards and the requirements of the federal "Americans with Disabilities Act of 1990" when developing the application questions; The application and questionnaire must not require the disclosure of personal medical or health information that is not relevant to the applicant's ability to provide safe, competent, and ethical patient care at the time of application; The application and questionnaire must not include questions seeking information about past health-related conditions that do not impact an applicant's ability to practice safe, competent, and ethical patient care at the time of application; and The board shall include information in the application about the board's peer health assistance program, the applicant's ability to self-refer to the peer health assistance program at any time, and the applicant's ability to self-refer in lieu of disclosure to the board. The act clarifies that an individual subject to the licensing requirements of the "Colorado Medical Practice Act" is not required to disclose a physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder that no longer impacts the individual's ability to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients. Current law requires that if a health-care professional has a physical illness, physical condition, or behavioral or mental health disorder that renders the person unable to practice the applicable health-care profession or occupation with reasonable skill and safety to patients or clients, the licensee, registrant, or certificate holder shall notify the regulator that regulates the person's profession or occupation of the physical illness, physical condition, or behavioral or mental health disorder. The act requires that a health-care professional must additionally provide notice of a substance use disorder and specifies that the health-care professional is required only to provide notice of a current physical illness, physical condition, behavioral health disorder, mental health disorder, or substance use disorder. (Note: This summary applies to this bill as enacted.)

The act allows the Centennial correctional facility-south c-tower to be used to temporarily house protective-, close-, and medium-custody inmates for the duration of the Sterling correctional facility access controls project (project). The use of the Centennial correctional facility-south c-tower is permitted only after the department of corrections (department) determines that there are no suitable beds available to house an inmate in another department facility. The act requires the department to, at least 30 days prior to relocating any inmates, provide a structured relocation plan to the joint budget committee and the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and to update those committees during the project. The plan must include, but is not limited to: What programs or classes will be available to the inmates; What behavioral health and medical care will be available; What employment opportunities will be available and the rate of pay for each employment opportunity; What recreational opportunities will be available; What visitation opportunities will be available; How many hours a day an inmate will be allowed out of their cell based on their medium- or close-custody level or protective custody status; Whether, prior to transfer, the department plans to conduct a reclassification or other custody review on any medium-security inmate to determine whether the inmate is appropriate to progress or have an override to minimum-restrictive custody; and An estimate of how long inmates will be temporarily held at Centennial correctional facility-south c-tower and if the relocations will be based on the duration of the project at the Sterling correctional facility. The act also requires the department to provide updates on the status of the access controls project at its "SMART Act" hearing required by section 2-7-203. The act appropriates $1,829,000 from the general fund to the department to implement the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act establishes and modifies requirements related to the practice of veterinary medicine by a veterinary professional associate (VPA). In November 2024, voters in Colorado approved Proposition 129, which established the role of VPAs and permits VPAs, starting on January 1, 2026, to practice veterinary medicine under certain circumstances. The act specifies how an individual can register as a VPA in Colorado and clarifies the circumstances under which a VPA can practice veterinary medicine. The act clarifies that a VPA is only permitted to practice veterinary medicine under the supervision of a licensed veterinarian. A licensed veterinarian shall supervise no more than 3 VPAs who are practicing veterinary medicine at any one time. The act requires a licensed veterinarian and a VPA to enter into a mutual supervisory agreement before the licensed veterinarian and the VPA begin working together. The supervising licensed veterinarian may delegate the practice of veterinary medicine to the VPA if: The aspects of the practice are within the training, experience, and competency of the VPA; The practice of veterinary medicine delegated to the VPA is permitted under requirements of state law and board of veterinary medicine (board) rules; and The supervising licensed veterinarian and VPA are located at the same veterinary premises while practicing veterinary medicine, unless the VPA meets certain indirect supervision requirements. The act instructs the board to adopt rules regarding the practice of veterinary medicine by VPAs, including rules that: Require a VPA to practice veterinary medicine under an appropriate level of supervision by a licensed veterinarian; Determine clinical benchmarks that a VPA must meet in order to practice veterinary medicine under indirect supervision by a licensed veterinarian; Approve a nationally recognized VPA credentialing organization that requires a VPA to complete a university-approved VPA program that is approved by the board or a university-approved VPA program that is accredited by the nationally recognized credentialing organization, pass a VPA examination, and complete continuing education requirements; Provide guidance to supervising licensed veterinarians in their delegation of tasks to and supervision of VPAs; Determine a scope of practice for VPAs; Establish a registration fee for the registration of VPAs; and Determine continuing education requirements for VPAs. The board may also adopt rules establishing an equivalent registration pathway for a veterinary technician specialist to register as a VPA, which pathway considers the veterinary technician specialist's experience, education, and training as a substitute for the education requirements needed to register as a VPA and requires the veterinarian technician specialist to pass the same national credentialing exam as a VPA. The act requires a VPA to identify themself as a VPA to a client before practicing veterinary medicine on a patient. The act requires a licensed veterinarian to comply with certain restrictions when prescribing opioids and benzodiazepines. (Note: This summary applies to this bill as enacted.)

For state fiscal year 2025-26, the act appropriates $5,000,000 from the species conservation trust fund in the state treasury for various wildlife conservation programs directed at conserving candidate native species that have been listed as threatened or endangered under state or federal law or are species that are likely to become candidate species, as determined by the United States fish and wildlife service, as follows: $2,480,000 for the upper Colorado river endangered fish recovery program; $20,000 for selenium management, research, monitoring, evaluation, and control; $1,250,000 for native terrestrial wildlife conservation; and $1,250,000 for native aquatic wildlife conservation.(Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies (DORA) in its sunset review and report concerning the regulation of outfitters and guides by the division of professions and occupations (division) within DORA. Specifically, the act: Continues the regulation of outfitters and guides for 9 years, until 2034; Allows the director of the division to take disciplinary action against an owner of an outfitter entity regardless of the owner's ownership share percentage; Credits one-half of the money that is collected as fines to the general fund rather than to the division; Exempts motor carriers and third-party booking agencies from regulation under the outfitters act; Adds provisions prohibiting an individual from working as a guide or receiving or renewing a registration as an outfitter if the individual has a license or registration suspended or revoked by the division of parks and wildlife or by an agency of any member state of the "Wildlife Violator Compact" for a violation of a law concerning wildlife; and Repeals certain language concerning the punishment for a person that engages or offers or attempts to engage in activities as an outfitter without an active registration.(Note: This summary applies to this bill as enacted.)

Beginning January 1, 2027, the act: Allows a pharmacy benefit manager (PBM) to earn income derived from the assessment of a flat-dollar service fee for the provision of a prescription drug; Prohibits a PBM from earning income based on the price or cost of a prescription drug; Prohibits a PBM from designing a formulary to favor a certain branded pharmaceutical or biologic; Requires a PBM to be reimbursed by a health benefit plan for lowering the plan's prescription drug spending over a given period of time and for the direct services the PBM provides to the plan; Sets the amount that a PBM shall reimburse an unaffiliated pharmacy or a PBM-affiliated retail, mail order, or specialty pharmacy for a prescription drug; and Requires a contract between a PBM and a health benefit plan to contain a provision where the PBM discloses prescription drug cost information to the health benefit plan and a provision authorizing the health benefit plan to execute an audit to validate compliance with the contract.(Note: This summary applies to this bill as enacted.)

For ground ambulance services (ambulance services), the act: Allows a political subdivision or an ambulance service providing ambulance services on behalf of the political subdivision to submit to the division of insurance (division) the established rates for the ambulance services, if the rates meet specified conditions; Requires the division to publish reimbursement rates on the division's public-facing website; Establishes reimbursement rates for ambulance services that are out of network; and Prohibits an out-of-network ambulance service from billing an individual covered under a health insurance coverage plan (covered person) any outstanding balance for a covered service not paid for by an insurance carrier, except for any coinsurance, deductible, or copayment amount required to be paid by the covered person. If a covered person makes a payment for an out-of-network ambulance service, the payment must be applied to the covered person's in-network deductibles and in-network out-of-pocket maximum amounts. For the 2025-26 state fiscal year, $38,149 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use by the division to implement the act. VETOED by Governor 5/29/2025(Note: This summary applies to this bill as enacted.)

The act requires the state board of education (board) to adopt high school health education standards regarding drug overdose risks, identification of a drug overdose event, and drug overdose prevention and response. The act authorizes the board to seek, accept, and expend gifts, grants, or donations for the purpose of adopting these standards. The board must adopt the standards on or before July 1, 2028, if, the board receives by July 1, 2026, $20,000 from gifts, grants, or donations to adopt the standards. If sufficient money is not received, the board is required to adopt the standards on or before July 1, 2032, pursuant to the general standards schedule. Under current law, a school district, the state charter school institute (institute), or the governing board of a nonpublic school may adopt and implement a policy allowing an employee or agent of the school to furnish an opioid antagonist to any individual, including a student, but only if the student has received appropriate school-sponsored training. The act repeals the required condition that a student must receive appropriate school-sponsored training. The act authorizes a school district, the institute, a public school, or a nonpublic school to seek, accept, and expend gifts, grants, or donations for purposes related to acquiring, maintaining, and providing training for administering opioid antagonists. (Note: This summary applies to this bill as enacted.)

Current law states that an employer shall not interfere with an agricultural worker's reasonable access to key service providers (KSP) at any location when the worker is not performing compensable work and with respect to health-care providers at any time. The act exempts an employer's property from this provision; except that the act prohibits an employer from interfering with a worker's access to KSP through remote channels on the employer's property. The act also removes language referring to health-care providers. Current law states that the division of labor standards and statistics (division) may adopt rules regarding additional times that an employer may not interfere with a worker's reasonable access to KSP. The act clarifies that such rules must apply only to locations other than the employer's property. Lastly, the act states the division shall not adopt rules that: Infringe upon an employer's private property rights; or Conflict with the common law rights of an individual to access private property in a time of emergency.(Note: This summary applies to this bill as enacted.)

The act prohibits a person from: Knowingly preparing, distributing, advertising, selling, or offering to sell a kratom product: To a person who is under 21 years of age; that is adulterated; that contains more than a specified level of 7-hydroxymitragynine; that is a confection, mimics candy, or is presented in a form that appeals to children; or that is combustible or intended for vaporization; Preparing, distributing, advertising, selling, or offering to sell a kratom product that does not clearly and conspicuously set forth specified information on the kratom product's label; Displaying or storing kratom products in a retail location in a manner that will allow the products to be accessed by individuals under 21 years of age; or Manufacturing, packaging, labeling, or distributing a kratom product that contains synthesized or semi-synthesized kratom alkaloids or has a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product. A person that conducts these prohibited activities engages in a deceptive trade practice and is subject to penalties and other enforcement specified under the "Colorado Consumer Protection Act". (Note: This summary applies to this bill as enacted.)