The act continues the ability of dental hygienists to place interim therapeutic restorations (ITR) and apply silver diamine fluoride (SDF) until September 1, 2025, to align with the sunset review of the Colorado dental board (board).The act also:Relocates the statutory language granting dental hygienists the authority to apply SDF; Specifies the requirements of an articulated plan between a dental hygienist and a collaborating dentist for purposes of dental hygienist prescribing; Repeals the requirement that a dental hygienist carry professional liability insurance to place ITR or apply SDF because the requirement exists in another provision of the "Dental Practice Act" that applies to all dental hygienists; Removes language specifying the timeline for communication with a distant dentist when using telehealth; Removes language specifying the number of hours of experience a dental hygienist is required to obtain before the board may grant the dental hygienist a permit to place ITR; Requires a dentist who collaborates with a dental hygienist in ITR placements using telehealth supervision to have an active license issued by the board and have a practice location that is either in Colorado or within reasonable proximity of the location where the ITR is placed; Requires the board to develop a waiver process to allow dentists to supervise more than 5 dental hygienists who place ITR; and Removes language regarding "store-and-forward transfer" technology to allow both synchronous and asynchronous technology when dental hygienists use telehealth in ITR placements and SDF applications.(Note: This summary applies to this bill as enacted.)
Sponsored bills
The bill requires the state board of education to promulgate rules to standardize the reporting method for school districts and charter schools to report disproportionate discipline data to the department of education (department) and the federal department of education's biennial survey. The bill requires each school district and institute charter school to disaggregate reports of conduct and discipline violations by race, ethnicity, gender, status as a student with a disability, and socioeconomic status to the maximum extent possible in compliance with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g. The bill also requires each school district and institute charter school to report the specific action taken in response to each discipline violation. The bill prohibits law enforcement officers from arresting students, or issuing a summons, ticket, or notice requiring the appearance of a student in court or at a police station for certain offenses and conduct. The bill also prohibits a school resource officer or law enforcement officer acting in their official capacity from handcuffing an elementary school student. The bill requires school districts and institute charter schools to adopt policies for selecting school resource officers if the school district or institute charter school elects to contract for one or more school resource officers. The bill requires each school district or institute charter school and the employing law enforcement agency to jointly create an evaluation process for school resource officers. Each school district or institute charter school and employing law enforcement agency shall enter into a memorandum of understanding to address issues such as strategies, procedures, and practices that minimize student exposure to the criminal and juvenile justice system; prioritization of strategies for enhancing student learning, safety, and well-being; and creation of a sustainable and successful balance between education and protecting students, teachers, and the school. The bill requires each school district board of education and each institute charter school to adopt a policy to report and address disproportionate disciplinary practices in public schools. Each school district and institute charter school shall develop, implement, and annually review improvement plans to address disproportionate discipline practices by race, ethnicity, gender, status as a student with a disability, and socioeconomic status based on the policy and disciplinary data reported to the department under the safe school reporting requirements. In implementing an improvement plan to address disproportionate discipline practices, each school district and institute charter school shall provide to the parents of the students enrolled in the school written notice of the improvement plan and issues identified by the department as giving rise to the need for the plan. The written notice must include the timeline for developing and adopting the improvement plan and the dates, times, and locations of the public meeting and a public hearing. The bill requires school districts and institute charter schools to address chronic absenteeism and disproportionate disciplinary practices in order to provide support to students who are identified as at risk of chronic absenteeism and disciplinary actions, including classroom removal, suspension, and expulsion. The bill amends the expelled and at-risk student services grant program to focus on services for students identified as at risk of dropping out of school due to chronic absenteeism and disciplinary actions. (Note: This summary applies to this bill as introduced.)
Current law appropriates $5 million annually from the tobacco tax cash fund to the department of public health and environment (department) for breast and cervical cancer screenings. The bill expands the use of the funds for additional cancer screenings. The bill changes the name of the breast cancer screening fund to the cancer screening fund and authorizes the money in the fund to be used for breast and cervical cancer screenings, colorectal cancer screenings, and screenings for additional screenable cancers. The bill changes the makeup of the existing advisory board from persons interested in health care and the promotion of breast cancer screenings to include persons who are interested in health care and the promotion of services for other screenable cancers. When making recommendations to the executive director of the department concerning cancer screening services, the bill requires the advisory board to allocate, at a minimum, $2.5 million annually for breast and cervical cancer screenings, $1 million annually for colorectal cancer screenings, and, if feasible, money for screenings for additional screenable cancers. (Note: This summary applies to this bill as introduced.)
The act implements recommendations of the department of regulatory agencies' sunset review and report on the licensing of hearing aid providers by: Continuing the licensing of hearing aid providers for 11 years, to 2031; Requiring final agency actions to be appealed directly to the court of appeals; Repealing language specifying that the hearing aid provider practice act does not prohibit an individual from performing tasks that would be permissible if the licensee was not licensed; Prohibiting a person who is not licensed as a hearing aid provider from using any titles that imply the person is qualified as a hearing aid provider; Requiring a hearing aid provider to be licensed before directly or indirectly selling or negotiating to sell any hearing aid for the hearing impaired; Repealing references to the national competency examination of the National Board for Certification in Hearing Instrument Sciences and requiring the director of the division of professions and occupations (director) to determine the competency examination required for licensure; Requiring hearing aid providers to post a surety bond, maintain professional liability insurance, or comply with other financial responsibility requirements determined by the director; Adding failure to practice according to commonly accepted professional standards to the grounds for discipline; Authorizing the director to accept disciplinary action taken by another state, a local jurisdiction, or the federal government as prima facie evidence of misconduct if the basis for the action would be grounds for discipline in Colorado; and Adding deceptive trade practice provisions related to the sale of hearing aids by hearing aid providers. In addition to implementing the sunset recommendations, the act also: Updates the scope of practice to require either the initial testing or the first fitting to be performed in-person; and Requires each hearing aid provider to attend at least 8 hours of continuing education each year.(Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies' sunset review and report on the licensing of audiologists by: Continuing the licensing of audiologists for 11 years, to 2031; Requiring licensees and insurance carriers to report any malpractice settlements or judgments to the director of the division of professions and occupations in the department of regulatory agencies within 30 days and specifying that failure of a licensee to comply with this requirement is grounds for discipline; Requiring final agency actions to be appealed directly to the court of appeals; Amending the language in the grounds for discipline referring to an alcohol or substance use disorder; and Adding deceptive trade practice provisions related to the dispensing of hearing aids by audiologists. The act also requires each audiologist to complete at least 10 hours of continuing education each license renewal period. (Note: This summary applies to this bill as enacted.)
Early Childhood and School Readiness Legislative Commission. The bill creates the "Helping Others Manage Early (HOME) Childhood Act" (HOME Act). The HOME Act consists of 3 components: A public awareness campaign (campaign), implemented by a third-party entity contracted by the department of human services (department). The campaign will target those persons connected with early childhood in some fashion, from families to providers, and inform them on what is expected from early childhood providers, what is expected from children by the time they enter kindergarten, and what resources are available throughout the state. A series of multicounty workshops directed at early childhood providers to provide information on best practices for effective early childhood education. The multicounty workshops will also provide information on the requirements and procedures for licensure. A series of regional workshops designed to educate interested providers on how to start an early child care center or preschool, as well as any requirements and procedures for licensure. The bill directs that the department provide adequate child care for the multicounty and regional workshops to allow for maximum attendance. The bill includes a repeal date of 2023 with a provision for a mandatory prior review of the effectiveness of the 3 components. (Note: This summary applies to this bill as introduced.)
During the first regular session of the seventy-second general assembly, the Senate passed House Bill 19-1005 on third reading on May 3, 2019, and the governor signed the bill on May 13, 2019. Because of an amendment to the effective date clause, the bill never took effect. The bill was introduced with a standard act-subject-to-petition clause (ASP clause), meaning the bill would have taken effect on August 2, 2019, unless a referendum petition was filed against the bill. However, on April 26, 2019, the House Appropriations Committee adopted an amendment (L.010) that added an exception to the ASP clause. The amendment specified that "If the voters at the November 2019 statewide election do not approve a measure . . ., then this act takes effect on the date of the official declaration of the vote thereon by the governor." When L.010 was adopted, House Bill 19-1333 was being considered. House Bill 19-1333 created a ballot issue that, if approved by voters, would have allowed the state to increase the cigarette tax and increase the tobacco products tax, would have allowed the state to create a new tax on nicotine products, and would have used a significant portion of the tax revenue for preschool programs and expanded learning opportunities. The concept behind L.010 was that if the ballot issue obtained voter approval, then the tax credit for early childhood educators would not be necessary. However, on May 2, 2019, the Senate postponed House Bill 19-1333 indefinitely during second reading. Since House Bill 19-1333 never passed, voters were never given an opportunity to approve the ballot issue, and the governor never had an opportunity to declare a vote on it. Consequently, because of the way L.010 was written, House Bill 19-1005 never took effect. In order to give effect to the intent of the general assembly and the governor in approving House Bill 19-1005, the exception to the effective date needs to be repealed. (Note: This summary applies to this bill as introduced.)
The bill imposes requirements regarding the administration of prescription drug benefits under health benefit plans as follows: Requires a health insurer to submit to the commissioner of insurance a list of pharmacy benefit managers (PBMs) the health insurer uses to manage or administer prescription drug benefits under its health benefit plans offered in this state; Requires health insurers and PBMs to submit their programs for compensating pharmacies and pharmacists and their prescription drug formularies under their prescription drug benefits plans, and the commissioner is authorized to review the compensation programs to ensure they are fair and reasonable to provide an adequate network of pharmacies and pharmacists under their prescription drug benefits plans; Requires a PBM to also report to the commissioner the amount the PBM expects to be reimbursed from health insurers for pharmacist services; Prohibits health insurers and PBMs from: Causing or knowingly permitting the use of any untrue, deceptive, or misleading advertisement, promotion, solicitation, representation, proposal, or offer; Charging a pharmacy or pharmacist a fee for adjudicating a claim; Requiring stricter pharmacy accreditation standards or certification requirements than the standards or requirements that are required by the state board of pharmacy; Reimbursing an independent pharmacy or pharmacist an amount that is less than the amount the health insurer or PBM reimburses an affiliated pharmacy or pharmacist; and Modifying their prescription drug formulary at any time during the benefit year. If a pharmacy or pharmacist is eliminated from a health care provider or PBM network, specifies that the health insurer or PBM is not relieved of any obligation to pay for pharmacist services properly rendered before elimination from the network; and Requires health insurers and PBMs to report specified claims data to the commissioner and the all-payer health claims database. The commissioner is authorized to adopt rules to implement the bill and to enforce the bill using all powers granted the commissioner under the insurance laws of this state. A health insurer is: Responsible for complying with the bill and ensuring any PBM the health insurer uses is complying with the bill; and Liable for failure of the health insurer or PBM to comply.(Note: This summary applies to this bill as introduced.)
The bill enacts the "Genetic Counselor Licensure Act". On and after June 1, 2021, a person cannot practice genetic counseling without being licensed by the director of the division of professions and occupations in the department of regulatory agencies. To be licensed, a person must have been certified by a national body; except that the director may issue a provisional license to a candidate for certification pursuant to requirements established by rule. The bill gives title protection to genetic counselors and standard licensing, rule-making, and disciplinary powers to the director. Genetic counselors must have insurance. The bill repeals the act on September 1, 2027, subject to sunset review. Genetic counselors are subject to the mandatory disclosures of the "Michael Skolnik Medical Transparency Act of 2010". The bill appropriates $35,895 from the division of professions and occupations cash fund to the division of professions and occupations in the department of regulatory agencies, of which $15,990 is reappropriated to the department of law, to implement the act. (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.)