Section 2 of the bill defines 'health care prescriber board' to mean the following boards in the department of regulatory agencies: The Colorado podiatry board; the Colorado dental board; the Colorado medical board; the state board of nursing; the state board of optometry; and the state board of veterinary medicine. Section 2 also: Requires each health care prescriber board to: Within 15 days after receipt of a complaint, provide the complainant with a written notice providing contact information for the board and a summary of the regulatory and statutory procedures, timelines, and complainant and respondent rights that apply to the processing and resolution of complaints, including, if the complainant is the patient of the licensee who is the subject of the complaint, a notice of the patient's right to receive from the licensee a copy of his or her patient records; Provide the complainant, within 30 days after the action, with written notice of the action taken by the board if an investigation was initiated by a complaint and the board took public formal action regarding the alleged misconduct; Notify the complainant that the complaint remains pending, subject to applicable restrictions in the board's governing law, if a complaint is still pending after 6 months; and Update its website at least monthly to list the status of each licensee subject to the applicable board's governing law; Requires the licensee to provide the board with the patient records within 30 days after the board requests the records; and Requires the department to include in its annual SMART act presentation a performance report prepared by the division of professions and occupations regarding changes to the boards' processes and procedures. Section 1 requires health insurance companies to update their provider directories at least monthly, based on information on the department's health care prescriber boards' websites, to remove a provider whose license has been suspended or revoked.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sponsored bills
Committee on Cost-benefit Analysis of Legalized Marijuana in Colorado. The bill creates a statutory right to use medical marijuana for a patient with acute stress disorder or post-traumatic stress disorder. The bill creates the same rights, limitations, and criminal defenses and exceptions as the constitutional right to use medical marijuana. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law permits a licensed retail liquor store to sell nonalcohol products, subject to a 20% limit on gross sales revenue from the sale of nonalcohol products. The bill excludes revenues from the sale of cigarettes, tobacco products, nicotine products; lottery products; ice, soft drinks, and mixers; and nonfood items related to the consumption of alcohol beverages from the calculation of the cap on a retail liquor store's gross revenues from the sale of nonalcohol products. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Sunset Process - Senate Health and Human Services Committee. The bill implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of naturopathic doctors, with modifications, as follows: Continues the regulation of naturopathic doctors by the director of the division of professions and occupations for 3 years, until September 1, 2020 ( sections 1 and 2 ); Requires insurance carriers to report to the director any malpractice judgments against or settlements entered into by a naturopathic doctor ( sections 5 and 6 ); Adds naturopathic doctors to the list of persons required to report child abuse or neglect ( section 8 ) and mistreatment of at-risk elders and at-risk adults with intellectual and developmental disabilities ( section 7 ); Clarifies that the naturopathic formulary that lists the medicines naturopathic doctors may use in the practice of naturopathic medicine includes prescription substances and devices authorized under the 'Naturopathic Doctor Act' ( section 3 ); and Corrects the name of the homeopathic pharmacopoeia as it appears in the act ( section 3 ). Additionally, section 4 of the bill specifies that a naturopathic doctor registered under the 'Naturopathic Doctor Act' may use the titles 'registered naturopathic doctor' or 'registered doctor of naturopathy' or the abbreviation 'R.N.D.'.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill establishes a state-level program (program) within the department of human services (department) for a check of the department's Colorado adult protective services (CAPS) data system. The CAPS check verifies whether a person is substantiated in a case of mistreatment of an at-risk adult, as defined in the bill. A person must be substantiated in a case of mistreatment of an at-risk adult, and the administrative appeals process must be concluded, before the person's name is included in a CAPS check for an employer. On and after a date stated in the bill, the bill requires certain employers at facilities or programs that serve at-risk adults to request a CAPS check prior to hiring employees who will provide direct care, as defined in the bill, to at-risk adults. The bill grants immunity from civil liability for employers who make an employment decision based upon the information obtained in the CAPS check, unless the employer knows that the information is false. The bill requires the department to promulgate rules relating to the investigation of reports of mistreatment of at-risk adults and the notification of perpetrators of the finding and of the right to administrative appeal to the department. The department shall provide training to county departments of human or social services relating to investigations, the accurate entry of documentation into CAPS, and confidentiality of information. Further, the department shall promulgate rules concerning the process and procedures for the CAPS check, including rules relating to submitting a CAPS check request, the timeline for completion of a CAPS check, the employer-paid fee for each check, department personnel granted access to CAPS, information provided to an employer as part of a CAPS check, the consequences of the improper release of the information in CAPS, and the expungement of records in CAPS. A person who improperly releases or willfully permits the release of CAPS information to persons not entitled to access to the information pursuant to the program commits a class 1 misdemeanor. The list of employers required to request a CAPS check includes: Health facilities licensed by the department of public health and environment; An adult day care facility; A community integrated health care service agency; A community-centered board or service agency; A single entry point agency; An area agency on aging; A facility operated by the department for persons with mental illness; A facility operated by the department for persons with intellectual and developmental disabilities; and A veterans community living center. County departments of human or social services are required to conduct a CAPS check of adult protective services employees. The department is authorized to assess a fee for each CAPS check sufficient to cover certain expenses, including those related to the CAPS check. The bill includes conforming amendments concerning the CAPS check requirement in statutes relating to employers subject to the requirement. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Current law authorizes forced pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to force owners of oil and gas resources within the drilling unit who have not consented to the application (nonconsenting owners) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners' lack of consent. The bill specifies that: The hearing notice must be given at least 90 days before the hearing; Before entry of a pooling order, the prospective drilling unit operator must give the affected interest owners a clearly stated, concise, neutral explanation of the laws governing forced pooling; and The operators of drilling units shall, before commencing drilling operations, file an electronic report with the commission that states the number of nonconsenting owners and the percentage of acres that have been pooled, and the commission shall post the reports in a searchable database on its website.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
As part of the Colorado oil and gas conservation commission's (commission) authority to regulate oil and gas operations to prevent and mitigate significant adverse environmental impacts to protect public health, safety, and welfare, the commission requires oil and gas production facilities and wells to be located at least 1,000 feet from school buildings and other high occupancy buildings. The bill clarifies that the minimum 1,000-foot distance from which newly permitted production facilities and wells must be located from any school applies to the school property line and not the school building. The bill further clarifies that it does not apply if a school commences operations near production facilities or wells that are already actively in use or permitted and, with respect to property owned by a school district, the distance requirement applies to the school building, other facilities used for school activities, and real property on which a future permanent or temporary school building is planned within 5 years after a production facility application is filed. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)