Under current law, a mental health professional must be licensed by the department of education (department) in order to work in a school. The act authorizes a school or school district, the state charter school institute, a board of cooperative services that operates a school, or the division of youth services to employ school-based therapists who are not licensed by the department but hold a Colorado license for their profession to work in coordination with licensed special service providers to coordinate mental health supports for students. Before being employed, the school-based therapists must satisfy certain requirements for nonlicensed school employees, including a fingerprint-based criminal background check. Any school-based therapists may be supervised by a mentor special services provider or a licensed administrator. If an eligible school-based therapist provides services to a student related to the student's individualized education program, the eligible school-based therapist must have qualifications consistent with the student's individualized education program. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
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The act: Amends the practice of a pharmacy technician to include performing point-of-care testing and patient care technical tasks as specifically trained for and delegated by a supervising pharmacist; Requires the majority of pharmacy technicians to be fully certified by the state board of pharmacy when 3 or more pharmacy technicians are on duty; and Changes the supervision ratio for pharmacists to include supervising up to 8, rather than only 6, pharmacy technicians when the pharmacy, other than a pharmacy located in a hospital, is a central fill pharmacy that is not a public-facing pharmacy and is acting as an agent of an originating pharmacy to fill or refill a prescription. The act authorizes reimbursement under the medical assistance program for dispensing or administering vaccines to children under 19 years of age. To be eligible to receive reimbursement, the pharmacy or pharmacist must be enrolled in good standing with the federal centers for disease control and prevention vaccines for children program administered by the department of public health and environment (department). Until the department determines a framework for participation by pharmacies or pharmacists, the department is not required to enroll pharmacies receiving reimbursement for the administration of vaccines through the medical assistance program as vaccines for children providers. APPROVED by Governor May 4, 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 existing law, a board of county commissioners (board) may designate unincorporated areas of a county where it is unlawful to discharge firearms (designated area) , except the board may not prohibit discharge of firearms in shooting galleries, on private grounds, or in residences under circumstances that do not endanger persons or property. A designated area must have an average population density of 100 persons or more per square mile. The bill repeals the exception for private property, repeals the minimum population density requirement, and instead requires that the designated area have 30 35 dwellings or more per square mile. A board is not allowed to prohibit discharge of a firearm in a designated area by a peace officer, in an indoor shooting gallery located in a private residence, or at a shooting range , pursuant to a wildlife management activity, or by a person engaged in a lawful hunting activity or livestock management. Under existing law, certain state laws concerning the state's liability for damages done to property by wild animals protected by the game laws of the state do not apply to a designated area. The bill repeals this exception. (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 act: Caps the rate of interest on medical debt at 3% per annum; Defines "medical debt", for purposes of a statutory cap on interest rates and fair debt collection practices, to include medical debt arising from the receipt of health-care services or medical products or devices, excluding debt charged to a credit card; Upon the consumer's written request, requires a debt collector or collection agency collecting on medical debt to cease collection on the medical debt until the debt collector or collection agency provides to the consumer an itemized statement concerning the medical debt and allows the consumer to dispute the validity of the medical debt; Establishes requirements relating to payment plans for medical debt, including written documentation of the payment plan between the consumer and the debt collector or debt collection agency; notice to the consumer if the payment plan will be accelerated or declared in default or inoperative due to nonpayment; and the opportunity to renegotiate the payment plan; Prohibits a debt collector or collection agency, during an internal or external review or other appeal of a health insurance decision, from collecting on the medical debt, reporting the medical debt to a consumer reporting agency, or selling the medical debt to a debt buyer; Requires a creditor, debt collector, or collection agency that files a legal action to collect medical debt to include the identity of the original creditor, an itemization of the charges and, prior to the entry of a default judgment against the creditor, provide evidence of the medical debt; Makes it a deceptive trade practice to violate provisions relating to billing practices, surprise billing, and balance billing laws; and Requires a health-care provider or health-care facility to provide, upon request of a prospective patient, an estimate of the total cost of a health-care service (service) to a person who intends to self-pay for the service (self-pay estimate). The act includes requirements for the self-pay estimate and caps the amount by which the final, total cost of the service may exceed the self-pay estimate to the lesser of 15% of the self-pay estimate or $400, with exceptions for emergency or unforeseen, medically necessary services required during the service. The act makes it a deceptive trade practice to violate provisions relating to the self-pay estimate. APPROVED by Governor May 4, 2023 EFFECTIVE May 4, 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 requires contracts between insurers or other persons and health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the care provided did not violate Colorado law: A medical malpractice insurer from refusing to issue, canceling or terminating, refusing to renew, or imposing any sanctions, fines, penalties, or rate increases for a medical malpractice policy (section 2); A health insurer from taking an adverse action against a health-care provider, including refusing to pay for a provided health-care service (section 3); A health insurer from refusing to credential a physician as a network provider or terminating a physician's status as a network provider (section 4); or A person or entity from terminating a health-care contract with a health-care provider, unless the person or entity is a religious organization and legally protected health-care activities conflict with the religious organization's bona fide religious beliefs and practices (section 25). Section 5 of the act protects an individual applying for licensure, certification, or registration in a health-care-related profession or occupation in Colorado (applicant), as well as a health-care professional currently licensed, certified, or registered in Colorado (licensee), from having the license, certification, or registration denied or discipline imposed against the licensee based solely on: The applicant's or licensee's provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law; A civil or criminal judgment or a professional disciplinary action arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law; The applicant's or licensee's own personal effort to seek or engage in a legally protected health-care activity; or A civil or criminal judgment against the applicant or licensee arising from the individual's own personal legally protected health-care activity in this state or another state or United States territory. Section 6 of the act prohibits a court, judicial officer, court employee, or attorney from issuing a subpoena in connection with a proceeding in another state concerning an individual who accesses a legally protected health-care activity in Colorado or an individual who performs, assists, or aids in the performance of a legally protected health-care activity in Colorado. Section 7 of the act prohibits the state from applying another state's law to a case or controversy heard in Colorado state court or giving any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature pursuant to another state's law if the other state's law authorizes a person to bring a civil action against another person or entity for engaging or attempting to engage in a legally protected health-care activity. If a medical malpractice action is brought in this state against a health-care provider regulated in this state or another state, section 8 of the act prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law. Section 9 of the act prohibits a peace officer from knowingly arresting or participating in the arrest of any person who engages in a legally protected health-care activity, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado or violate Colorado law. Section 10 of the act prohibits the issuance of a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity. Section 11 of the act prohibits a judge from issuing a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of another state's law involving the provision or receipt of or assistance with accessing a legally protected health-care activity that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado. Section 12 of the act prohibits the issuance of an ex parte order for wiretapping or eavesdropping to obtain any wire, oral, or electronic communication that relates to an investigation into a legally protected health-care activity. Current law allows for the extradition of a person who committed an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime. Section 13 of the act requires the acts for which extradition is sought to be punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense. Section 14 of the act requires a correctional facility or private contract prison incarcerating a person who is capable of pregnancy to, regardless of the person's ability to pay, ensure access to abortions by providing a pregnant person with information about abortion providers; referrals to community-based providers of abortions; referrals to community-based organizations that help people pay for abortions; and transportation to access an abortion; and ensure access to miscarriage management, including medication. Section 15 of the act adds a reproductive health-care services worker to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family. Section 16 of the act prohibits the prosecution or investigation of a licensed health-care provider if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient is prescribed or administered consistent with accepted standards of practice under Colorado law and does not violate Colorado law. Section 17 through section 20 of the act adds a protected health-care worker to the list of persons authorized to participate in the address confidentiality program. Section 21 of the act authorizes the attorney general to independently initiate and bring a civil and criminal action to enforce the "Reproductive Health Equity Act". Section 22 of the act prohibits a state agency from providing any information or using any government resources in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity. Section 23 of the act prohibits a public entity from: Restricting any natural or legal person in performing, or prohibit any natural or legal person from providing, reproductive health care through the imposition of licensing, permitting, certification, or similar legislative or regulatory requirements that apply solely to providers of reproductive health care; or Prosecuting or otherwise criminally sanctioning any natural or legal person for providing, assisting in the provision of, arranging for, or otherwise assisting a person in accessing reproductive health care performed within the scope of applicable professional licensure and certification requirements. Section 24 of the act states the venue to enforce an action to under the provisions of the "Reproductive Health Equity Act" is in the Denver district court. Section 26 and 27 of the act require every local government that has adopted or adopts a zoning ordinance to recognize the provision of outpatient reproductive health care as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use. APPROVED by Governor April 14, 2023 EFFECTIVE April 14, 2023 (Note: This summary applies to this bill as enacted.)
The Colorado oil and gas conservation commission (commission) may enter an order combining the ownership interests of 2 or more owners of mineral interests located on separate tracts (drilling unit) to authorize the drilling of an oil and gas well on the drilling unit (pooling order). Under certain circumstances and after notice and a hearing, the commission may enter a pooling order for a drilling unit, which order includes an owner of mineral interests that does not consent to the drilling for oil and gas on the mineral owner's tract (forced pooling order). The bill changes the commission's process for entering a forced pooling order by: Requiring an applicant for a forced pooling order to prove that owners of more than 45% of the mineral interests to be pooled consent to pooling by submitting to the commission a third-party expert's title report or title opinion; Requiring the commission to determine if the minerals in the drilling unit may be extracted without disturbing a nonconsenting mineral interest owner's mineral rights and, if so, requiring the commission to include in the forced pooling order a condition that the nonconsenting mineral interest owner's mineral rights not be disturbed. Alternatively, if the commission determines that the minerals cannot be extracted without disturbing the nonconsenting mineral interest owner's mineral rights, the commission is required to make explicit findings of that determination. Requiring that a forced pooling order be issued in a manner that protects and minimizes adverse impacts on public health, safety, and welfare; the environment; and wildlife resources and that protects against adverse environmental impacts on any air, water, soil, or biological resources resulting from oil and gas operations; Reducing the amount of production costs that consenting mineral interest owners in a drilling unit may recover from a nonconsenting mineral interest owner in the drilling unit; and Prohibiting the commission from entering a forced pooling order that includes an unleased, nonconsenting mineral owner that is a local government or a school district, including a charter school or an institute charter school. Additionally, the bill requires that the commission issue a pooling order before any minerals that are subject to the pooling order are extracted or any well is drilled to access the minerals. The bill also authorizes a nonconsenting owner to audit or cause to be audited certain records of the oil and gas operator no more frequently than every 3 years but before any costs are recovered from the drilling unit. (Note: This summary applies to this bill as introduced.)
The act provides juvenile courts jurisdiction to enter permanent allocations of parental responsibilities, without requiring a full court determination of a child as dependent or neglected as to each parent, in certain circumstances. Juvenile courts are granted concurrent jurisdiction to district and county courts to order name changes for children or youth who appear in dependency and neglect and foster youth in transition cases. The requirement to give public notice of name changes through publication for a child or youth determined by the court to be dependent or neglected or subject to a continued dependency or neglect case is eliminated. APPROVED by Governor April 12, 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.)
Section 1 of the bill establishes the crime of unlawful equine slaughter. A person engages in unlawful equine slaughter if the person: Slaughters an equine when the person knows or reasonably should know that any part of the equine will be used for human consumption; Possesses, imports into the state, exports from the state, buys, sells, gives away, or accepts an equine with the intent of killing, or having another person kill, the equine if the person knows or reasonably should know that any part of the equine will be used for human consumption; or Possesses, imports into the state, exports from the state, buys, sells, gives away, or accepts equine meat if the person knows or reasonably should know that the meat will be used for human consumption. Section 1 provides a safe harbor to the offense for equine slaughtered for use by a facility in feeding predators housed at the facility. Each equine that is unlawfully slaughtered and each 100 pounds of equine meat derived from unlawful slaughter is a separate offense. A first violation is a class 1 misdemeanor with a mandatory minimum fine of $1,000, and a second or subsequent violation within a 10-year period is a class 5 felony with a mandatory minimum fine of $5,000. If a person obtains the equine by fraud and commits unlawful equine slaughter, it is a class 4 felony with a mandatory minimum fine of $10,000. In addition, a person that commits unlawful equine slaughter is forever prohibited from owning, possessing, or caring for an equine and from participating in a public livestock market for 3 to 5 years. Sections 2 and 3 require notice of the crime of unlawful equine slaughter to be given at livestock auctions and on bills of sale.(Note: This summary applies to this bill as introduced.)
The commercial property assessed clean energy program (C-PACE) is part of the new energy improvement program. C-PACE allows owners of eligible real property to apply to the Colorado new energy improvement district (district) to finance certain energy efficiency improvements. The act allows owners to also apply to the district to finance resiliency improvements and water efficiency improvements. Additionally, when the district approves a C-PACE application, an owner consents to the district levying a special assessment on an owner's eligible real property. Current law requires the district to notify district members and existing lienholders about the special assessment and the availability of a hearing to resolve any complaints or objections. After a hearing, current law further requires the district to pass a resolution resolving any complaints or objections. The act eliminates the requirements for the district to give notice about a hearing, conduct a hearing, and pass a resolution resolving complaints or objections. Instead of notifying district members and existing lienholders about the availability of a hearing, the act requires the district to send a notice of assessment, which specifies the amount of the special assessment to be levied on the eligible real property and explains that the special assessment constitutes a lien against the eligible real property. APPROVED by Governor March 8, 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.)