On and after May 1, 2023, the act prohibits a person from practicing dental therapy in the state unless licensed by the Colorado dental board (board). A licensed dental therapist is authorized to deliver routine and preventive dental care. A person who desires to qualify for practice as a dental therapist must file with the board a written application for a license, proof of graduation from a school of dental therapy or a dental therapy program that meets the requirements of the act, and proof of completion of a clinical examination for dental therapy that: Is designed to test the applicant's clinical dental therapy skills and knowledge; Includes dental therapy restorative and dental hygiene clinical skill evaluation; and Is administered by a regional testing agency composed of at least 4 states or an examination of another state. A dental therapist is allowed to practice only under the direct supervision of a licensed dentist until the dental therapist practices for 1,000 hours. After reaching 1,000 hours, the dental therapist may practice under the indirect supervision of a licensed dentist pursuant to a written articulated plan. The articulated plan must include: Methods of dentist supervision, consultation, and approval; Protocols for informed consent, record keeping, quality assurance, and dispensing or administering medications; Policies for handling referrals when a patient needs services the dental therapist is not authorized or qualified to provide; Protocols for assessment of dental disease and the formulation of an individualized treatment plan authorized by the supervising dentist; Policies for handling medical emergencies; and Policies for supervising dental assistants and working with dental hygienists and other dental practitioners and staff. A licensed dental therapist must maintain professional liability insurance in an amount not less than $500,000 per incident and $1.5 million annual aggregate per year; except that this requirement is not applicable to a dental therapist who is a public employee under the "Colorado Governmental Immunity Act". A state institution of higher education offering an accredited dental therapy training program may grant advanced standing toward completion of an accredited dental therapy program if a student meets the conditions specified in the act. Effective July 1, 2031, the act modifies the composition of the board by replacing 2 members, one dental hygienist and one member representing the public at large, with 2 dental therapists. To implement the act, for the 2022-23 state fiscal year, $14,786 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund for reappropriation to the department of law. (Note: This summary applies to this bill as enacted.)
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The act defines a "bingo strip card game" as a type of bingo that is played with a strip of up to 5 connected paper bingo cards, with each card containing a concealed grid of preprinted numbers ranging from one to 75. The winner is the first player to match the numbers drawn on one or more bingo balls to the prearranged pattern of numbers on a card. The maximum prize for an individual card may not exceed $1,000. The act also updates certain language concerning bingo and pull tab games and prohibits a licensee from possessing, using, selling, offering for sale, or putting into play any equipment unless it conforms to law and was purchased or leased by the licensee from a licensed bingo-raffle manufacturer or supplier or from a licensed agent of a bingo-raffle manufacturer or supplier. Current law states that the licensing authority may establish by rule the maximum number of bingo cards that a bingo player who plays using the aid of an electronic device is permitted to use with the aid of such a device per game; except that the maximum number must be at least 54. The act changes this limit to 100. Current law requires all money collected or received from the sale of admission, extra regular cards, special game cards, sale of supplies, and all other receipts from the games of bingo, raffles, and pull tab games to be deposited in a special checking or savings account, or both, of the licensee, which must contain only this money. The act updates this language to include money collected or received from the sale of bingo strip cards. For the 2022-23 state fiscal year, the act appropriates $47,471 from the department of state cash fund to the department of state (department) to be used as follows: $17,271 for use by the business and licensing division for personal services; $6,200 for use by the business and licensing division for operating expenses; and $24,000 for use by the information technology division for personal services.(Note: This summary applies to this bill as enacted.)
The act repeals the requirements that property must be owned for strictly charitable purposes and not for private gain or corporate profit and that the property must be irrevocably dedicated to a charitable purpose in order for the property to qualify for the property tax exemption for property used as an integral part of a child care center. These changes allow property that is used by a tenant or subtenant to operate a child care center to be eligible for the exemption, and the act specifies that in such case, only the operator's use is to be considered for purposes of determining whether the property is eligible for the exemption. An operator of an eligible facility, or the operator's authorized agent, is required to sign the exemption application form and to provide the property tax administrator with any requested information related to the exemption. (Note: This summary applies to this bill as enacted.)
The concurrent resolution amends section 2 of article XVIII of the Colorado constitution by: Repealing the 5-year continuous existence requirement to obtain a charitable gaming license; and Authorizing a manager or operator of a charitable game to make minimum wage until 2024, when the provision repeals the prohibition on paying managers or operators.(Note: This summary applies to this concurrent resolution as adopted.)
The act clarifies that: Each prescriber of prescription drugs must register and maintain a user account with the prescription drug monitoring program (program); and Each licensed health-care practitioner must query the program prior to filling a prescription for every opioid or benzodiazepine. The act requires the group tasked with developing a strategic plan to reduce prescription drug misuse to evaluate and make recommendations to the executive director of the department of regulatory agencies regarding balancing the use of the program as a health-care tool with enforcement of the requirements of the program. (Note: This summary applies to this bill as enacted.)
The act requires the department of human services (department) to renovate a building at the mental health institute at Fort Logan to create at least 16 additional inpatient beds for persons in need of residential behavioral health treatment. The act authorizes the new beds to be used for persons needing competency services until the backlog of such persons is eliminated, and at that point the beds may begin to serve civil patients. The act also directs the department and the department of health care policy and financing to create, develop, or contract to add at least 125 additional beds at mental health residential facilities (mental health facilities) throughout the state for adults in need of ongoing supportive services. For the new beds, the act requires the department, in collaboration with the behavioral health administration, the department of health care policy and financing, and relevant stakeholders, to establish criteria for admissions and discharge planning, quality assurance monitoring, appropriate length of stay, and compliance with applicable federal law. The act requires mental health facilities to be licensed by the department of public health and environment as an assisted living facility or by the department as a behavioral health entity during the 2022-23 state fiscal year. Starting in the 2023-24 state fiscal year, the mental health facilities must be licensed by the behavioral health administration. The act appropriates to the department from the behavioral and mental health cash fund: $728,296 for use by administration and finance; $39,854,179 for use by the office of behavioral health for contract beds and renovations in mental health residential facilities, costs associated with additional beds in department facilities, and oversight of the additional beds; $6,578,266 for costs associated with the operation of additional beds at the Colorado mental health institute at Fort Logan; $6,991,567 for capital construction at the mental health institute at Fort Logan; and $3,692,111 for capital construction at three existing department facilities to create mental health residential facilities. The act also appropriates $91,938 to the department of health care policy and financing. (Note: This summary applies to this bill as enacted.)
Under current law, common carriers and contract carriers may use independent contractors for transportation services. The contract must provide for coverage under either workers' compensation or an occupational accident insurance policy that provides "similar coverage" to that available under workers' compensation. "Similar coverage" must meet or exceed standards set by the division of insurance and is defined to require benefits that are at least comparable to the benefits offered under the workers' compensation system. The act changes the definition of "similar coverage" to an occupational accident insurance policy that provides a minimum aggregate policy limit of $1,500,000 for all benefits paid for the benefit of the operator. The act also defines "commercial vehicle" and "operator" for the purpose of occupational accident insurance required by independent contractors of carriers. (Note: This summary applies to this bill as enacted.)
The act grants immunity from the charge of prostitution, soliciting for prostitution, or prostitute making display or an equivalent municipal offense (prostitution offense) to a person who seeks assistance from a law enforcement officer, the 911 system, or a medical provider for a victim or as a victim of a violent crime or offense (crime) if the evidence for the charge of a prostitution offense was obtained as a result of the person seeking assistance or as a result of the need for assistance. A person who receives immunity for a prostitution offense is not immune from prosecution for other offenses, and a district attorney or law enforcement officer may obtain or use evidence obtained from a report, recording, or other statement provided as a result of the initial prostitution offense to prosecute any other offense. For the purposes of the act, "person" is defined as the victim of a crime, a person who is a victim of human trafficking for sexual servitude, or a witness to a crime. The act sets forth the applicable violent crimes or offenses. (Note: This summary applies to this bill as enacted.)
Under current law, attorneys are not subject to the reasonable fee guidelines when requesting medical records on behalf of a client. The bill includes attorneys among the individuals who can request medical records on behalf of a patient and subjects them to the same reasonable fee limitations for the costs associated with obtaining copies of medical records. The bill caps the amount that can be paid as a reasonable fee at the maximum limit allowed under the federal "Health Information Technology for Economic and Clinical Health Act". (Note: This summary applies to this bill as introduced.)
The act implements the recommendation of the department of regulatory agencies, as specified in the department's sunset review of the health-care work force data advisory group, to sunset the advisory group. (Note: This summary applies to this bill as enacted.)