S.B. 97-82 Immunization of children - school entry. Requires every student except those exempted pursuant to law to submit an up-to-date certificate of immunization at the time of school registration. If the student presents an out-of-date certificate, requires the parent or guardian to submit, within 14 days after receiving direct personal notification that the certificate is not up-to-date, documentation that the next required immunization has been given and a written plan for completion of all required immunizations. States that the scheduling of immunizations shall follow medically recommended minimum intervals approved by the state board of health. If the student begins but does not continue or complete the written plan, he or she shall be suspended or expelled for noncompliance with immunization requirements. Eliminates the ability to present at school registration a written plan signed by the parent or guardian or emancipated child demonstrating that the required immunizations will be resumed within 30 days after the plan is signed.
Eliminates the 60-day provisional period that is currently allowed for transfer students to submit their immunization record for entry into school. Relocates requirements that provide that students expelled for violations of the school immunization laws shall not be counted in calculating the school dropout rate.
Mandates that all information distributed to parents by school districts regarding immunization inform them of their rights regarding exemptions from immunization requirements.
APPROVED by
Governor April 24, 1997
EFFECTIVE July 1,
1997
S.B. 97-111 Violations of federal Medicaid regulations - state authority to impose sanctions - continuation. Continues the authority of the department of public health and environment and the department of health care policy and financing to impose sanctions upon nursing facilities that violate provisions of the federal Medicaid regulations.
APPROVED by
Governor March 24, 1997
EFFECTIVE March 24,
1997
S.B. 97-136 Lead-based paint - creation of lead hazard reduction program - abatement of lead-based paint hazards - certification and training requirements - appropriation. Establishes the lead hazard reduction program in the department of public health and environment. Requires the department, on or before July 1, 1998, to establish a comprehensive plan to reduce elevated blood lead levels in children and control exposure to lead-based paint hazards in residences and child-occupied facilities. Requires that such plan include:
Requires the department of public health and environment, on or before October 1, 1998, to submit a report to the general assembly on the plan for implementation of the lead hazard reduction program. Creates the lead hazard reduction cash fund.
Directs the air quality control commission to promulgate rules regarding lead-based paint abatement, including:
Prohibits training and certification requirements that are more stringent than required by federal law or are more stringent than the requirements of any program approved by the federal environmental protection agency. Requires that prior experience in abatement of lead-based paint hazards be considered in establishing training and certification requirements.
Requires the air pollution control division to certify persons or companies involved in lead-based paint abatement. Allows the division to delegate duties regarding enforcement of lead-based paint standards, other than training and certification duties, to local health or building departments. Authorizes the division to commence enforcement actions for violations under the lead hazard reduction program.
Directs the air quality control commission to promulgate rules to establish required fees for the lead hazard reduction program. Requires the commission to adjust such fees to cover the direct and indirect costs to implement the lead hazard reduction program.
Appropriates $66,395 and 1.5 FTE to the department of public health and environment, air quality control division, for the implementation of the act.
APPROVED by
Governor May 27, 1997
EFFECTIVE July 1, 1997
S.B. 97-203 Air quality - control - extension or rescission of state implementation plan revisions - legislative council review. Rescinds approval of a revision to the state implementation plan (SIP) erroneously approved by the general assembly during the 1996 regular session. Approves the following revisions to the SIP, thereby permitting their submission to the federal environmental protection agency for final approval and incorporation in the SIP:
APPROVED by
Governor April 19, 1997
EFFECTIVE April 19,
1997
S.B. 97-205 Air quality - reduction of emissions from federal facilities and federal land. Directs the air quality control commission, pursuant to provisions of the federal "Clean Air Act", to require federal facilities, including federal lands, to minimize emissions to the extent practicable in order to minimize the effects of such activities on the attainment and maintenance of national ambient air quality standards and the achievement of federal and state visibility goals. Specifies that these provisions do not apply to activities conducted at federal facilities that relate to matters of national security. Specifies that, within units of the national park system, the commission shall act to minimize the generation and impacts of smoke in Colorado when prescribed burning is necessary to maintain the natural ecosystem.
Requires the air pollution control division to communicate with appropriate officials of other states and of the federal government to advocate adoption of the policy set forth in these provisions.
VETOED by Governor June 3, 1997
S.B. 97-208 Dental programs - children's dental assistance - donated dental services - fluoridation - reimbursement of dental hygienists - appropriation. Creates a dental assistance program for children under the age of 21 years who lack dental insurance and are ineligible for medicaid. Provides for the delivery of preventive, emergency, diagnostic, and limited restorative dental services to eligible children by providers under contract with the department of public health and environment. Directs the department to establish copayments or fees for each participating eligible child, not to exceed a cap per eligible family. Creates the children's dental plan cash fund, which shall be comprised of copayments and gifts and donations received to carry out the program.
Directs the department of public health and environment to administer the program and to define the types of dental services provided. Creates a dental advisory committee to assist the department in implementing the program.
Directs the department of public health and environment to contract with a nonprofit organization to administer a donated dental services program to provide dental treatment for disabled or elderly persons who are not eligible for medicaid.
Creates a grant program to assist communities, based on priority of need, to obtain the equipment and training to fluoridate their drinking water systems. Directs the department of public health and environment to promulgate criteria for prioritizing grant applications.
States that no general fund moneys shall be appropriated for the purpose of implementing the programs contained in the act.
Requires a licensed dental hygienist who provides services under a prepaid dental care plan to be reimbursed for such services at the same rate at which other professionals are reimbursed for similar services.
Appropriates $123,000 out of the children's dental plan cash fund to the department of public health and environment to implement this act, including $88,000 for the dental assistance program for children, $10,000 for donated dental services, and $25,000 for the fluoridation program.
APPROVED by
Governor May 28, 1997
EFFECTIVE May 28,
1997
S.B. 97-236 Air quality - state implementation plan (SIP) review - oxygenated gasolines. Extends, with modifications by the general assembly, as authorized by law, the SIP revision of the oxygenated gasolines program as adopted by the air quality control commission on April 17, 1997, thereby permitting its submission to the federal environmental protection agency for final approval and incorporation into the SIP.
Specifies that revisions to the SIP adopted solely to conform the SIP to prior actions of the general assembly pursuant to its statutory review authority may be submitted to the federal environmental protection agency for final approval and incorporation into the SIP without further review and approval by the general assembly.
APPROVED by
Governor June 3, 1997
EFFECTIVE June 3, 1997
H.B. 97-1095 Newborn hearing screening - advisory committee - repeal. Establishes the advisory committee on hearing in newborn infants to collect data concerning newborn hearing screening, to report such information to the general assembly, and to provide recommendations to hospitals, other health care institutions, the department of public health and environment, and the public concerning hearing testing in newborns. Specifies what the recommendations are to address. Provides that the committee shall be comprised of at least 7 members appointed by the executive director of the department of public health and environment. Directs that the committee members shall serve without compensation. Repeals the committee on July 1, 2005.
On and after July 1, 1997, requires every licensed or certified hospital to educate the parents of infants born in such hospitals about newborn infant hearing screening and follow-up care. Specifies that such education shall not be considered a substitute for actual screening. Directs the hospitals to report annually to the advisory committee concerning the number of infants born in the hospital, the number of infants screened, and the number of infants who passed and the number who failed to pass the screening. Subject to available appropriations, requires the advisory committee to make its report available throughout the state. specifically to physicians caring for newborn infants, consumer groups, managed care organizations, and the media.
Directs the state board of health to promulgate rules requiring hearing screening of newborn infants if, by July 1, 1999, the number of infants screened does not equal or exceed 85% of all infants born in hospitals. Requires such rules, if promulgated, to identify institutions that due to a low volume of births at such institutions may be allowed to otherwise assure hearing screening is conducted on newborns.
Directs a physician, nurse, midwife, or other health professional attending a birth outside a hospital to provide information to parents of newborn infants regarding places where they may have their infants' hearing tested and the importance of such testing. Requires the department to encourage the cooperation of local health departments, health care clinics, school districts, and other appropriate resources to promote the testing of infants' hearing.
APPROVED by
Governor May 28, 1997
EFFECTIVE July 1, 1997
H.B. 97-1113 Individual sewage disposal systems - rules - application review - imposition of fees. Makes modifications to the "Individual Sewage Disposal Systems Act". Authorizes the state board to establish criteria for variances and authorizes local boards of health to issue such variances.
Modifies the requirements for individual sewage disposal system rules adopted by local boards of health, including the following: Eliminates the specifications for soil percolation tests and absorption systems; requires minimum distances from groundwater and bedrock in addition to other minimum distances; requires standards for when an individual sewage disposal system must be designed by a registered professional engineer and be approved by the local health department; and requires a board of health that is a separate governmental entity from the general purpose government to notify the general purpose government and allow comment by such government whenever the board of health intends to approve an application.
Eliminates the requirement that guidelines and rules conform to or exceed standards in the manual of septic tank practice.
Requires applications for individual sewage disposal systems to be reviewed by the local health department, rather than the local board of health.
Requires fees charged by local health departments for individual sewage disposal system permits to be no greater than actual and direct costs of the department's services. Increases the maximum fee from $150 to $1,000. Changes the fees for collection and testing of effluent samples from $25 and 10 cents per mile to actual costs plus the local mileage rate.
Changes the maximum fee for a systems contractor license from $25 to the actual costs incurred. Changes the maximum fee for a systems cleaner license from $25 to the actual costs incurred.
Requires a person maintaining or cleaning an individual sewage disposal system to dispose of any septage at an approved site and in an approved manner.
Creates the offense of falsifying or maintaining improper records concerning individual sewage disposal system cleaning activities that are not performed or are performed improperly and provides that such offense is a class 1 petty offense.
Authorizes a local board of health to impose a penalty of up to $50 per day for a violation of the "Individual Sewage Disposal Systems Act" or rules promulgated pursuant to such Act. Authorizes a person subject to such penalty to obtain a hearing before the local board of health.
APPROVED by
Governor March 28, 1997
EFFECTIVE July 1,
1997
H.B. 97-1116 Colorado Health Facilities Authority Act - multistate health institutions - financing. Amends the "Colorado Health Facilities Authority Act" by allowing the authority to participate in financing on behalf of multistate health institutions that are affiliated with the state of Colorado.
Changes the definition of "health facility" by adding facilities located within the state or outside the state of Colorado if an out-of-state health institution that operates the facility, or an affiliate of the institution, also operates a health facility within the state. Adds to the definition of "health institution" entities that provide or operate health facilities outside this state if the entity, or an affiliate of the entity, also operates and is engaged in a financing or refinancing on behalf of a health facility within the state. Also adds to the definition of "health institution" health care organizations, and any affiliates of such organizations, that have regional or national headquarters in Colorado.
Authorizes the Colorado health facilities authority to assist, coordinate, and participate with other issuers of tax-exempt bonds and public officials in other states in connection with financing on behalf of multistate health institutions. Gives the authority, in connection with financing on behalf of a multistate health institution, the power to determine or agree upon who will be assisting, coordinating, or participating issuers of tax-exempt bonds in other states, to determine or agree upon the terms or conditions of the financing, and to charge fees to, apportion fees among, or agree upon fees with assisting, coordinating, or participating issuers of tax-exempt bonds in other states.
Recognizes enhanced health care-related employment opportunities for the people of the state of Colorado as a result of financing on behalf of multistate health institutions.
APPROVED by
Governor April 24, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
H.B. 97-1157 Medical records - patient access for purposes of diagnosis and treatment. Updates the patient records laws to clarify the types of health facilities and providers to which such provisions apply. Requires health care coverage entities that provide health care services and that are regulated by the division of insurance to comply with the laws on patient records. Makes it an unfair method of competition and an unfair or deceptive act or practice in the business of insurance for any such entity to violate the patient records laws.
If a licensed health care professional determines that a copy of a patient record, including an X ray, mammogram, CT SCAN, MRI, or other film is not sufficient for diagnostic or treatment purposes, requires a health facility or provider to make an original of the film available to the patient or another hospital or provider as directed by the patient pursuant to a written authorization-request for film and payment of reasonable costs. Specifies that any original film made available pursuant to this provision shall be returned upon request to the lending entity within 30 days. Provides that a lending entity shall not be responsible for any loss, damage, or other consequences resulting from release of any such film.
APPROVED by
Governor April 19, 1997
EFFECTIVE April 19,
1997
H.B. 97-1162 Elimination of petroleum tank definition repeals. With respect to petroleum tanks, eliminates the following: The repeal dates for the definitions of "British thermal unit", "gallon equivalent", "gallon diesel equivalent", "gallon gasoline equivalent", and "motor fuel"; the repeal date for the environmental response surcharge, proceeds of which go into the petroleum storage tank fund; and the repeal date for provisions specifying the method of sales of motor fuels.
APPROVED by
Governor March 28, 1997
EFFECTIVE March 28,
1997
H.B. 97-1169 Wood smoke reduction fund and fee - elimination. Effective July 1, 1997, eliminates the wood smoke reduction fund and the $1.00 smoke reduction fee retailers are required to collect when they sell a new wood stove, insert, or gas or electric fireplace in connection with a voluntary conversion. Requires that moneys in the wood smoke reduction fund on such date and any moneys credited to such fund after such date be transferred to the general fund.
No later than July 20, 1997, requires retailers who collect fees between January 1, 1997, and June 30, 1997, to file a final semi-annual report with the department of revenue, remit the fees collected, and forward conversion forms indicating whether the purchases were made in connection with a conversion to a cleaner burning device.
APPROVED by
Governor June 4, 1997
EFFECTIVE June 4, 1997
H.B. 97-1176 Air quality - visibility impairment - subcommittee. Creates a subcommittee of the committee created in Senate Joint Resolution 97-29 to solicit citizen input and identify and discuss issues concerning the establishment of objective criteria for reducing emissions for the purpose of protecting and improving humanly perceptible visible resources. Specifically identifies groups whose views are to be sought, including environmental groups, the National Park Service, the U.S. Forest Service, the EPA, and interested business, labor, and citizen groups. Repeals the statutory provision creating the subcommittee on January 1, 1998.
APPROVED by
Governor May 21, 1997
EFFECTIVE May 21,
1997
H.B. 97-1248 Uranium mill tailings remedial actions - expansion of authority - program fund. Stipulates that the remaining balance in the uranium mill tailings remedial action program fund at the end of the 1998-99 fiscal year shall be credited and transferred to the local government severance tax fund administered by the department of local affairs rather than to the severance tax trust fund.
Authorizes the department of public health and environment to participate in activities in connection with land annotation and site information, identification, removal, and disposal of tailing deposits that are associated with designated mill sites but remain outside of disposal cells constructed for remedial purposes pursuant to the federal "Uranium Mill Tailings Radiation Control Act of 1978". Also authorizes the department to participate in the groundwater restoration phase of such act.
APPROVED by
Governor April 16, 1997
EFFECTIVE April 16,
1997
H.B. 97-1272 Solid waste - regulatory authority of the state and governing bodies having jurisdiction - applications for solid wastes disposal sites and facilities. Declares that it is the responsibility of the state board of health and the department of public health and environment to establish regulations for the engineering design and operation of solid wastes disposal sites and facilities. Declares that it is the responsibility of the municipal or county governing body having jurisdiction to ensure that the siting of a site and facility is compatible with land use planning.
Requires a governing body having jurisdiction over an application for a proposed solid wastes disposal site and facility to consider only the factors provided in the statutes. Limits consideration of recommendations by local health departments to only such recommendations that apply regulations of the state board of health or the department of public health and environment.
Eliminates access routes from the engineering design criteria in the rules of the state board of health. Limits the definition of the "operation" of a solid wastes disposal site and facility to activities that occur within the geographic boundaries of the site and facility.
Declares that local regulations, ordinances, or resolutions adopted on or after July 1, 1997, that concern the engineering design and operation of a solid wastes disposal site and facility and that conflict with or are more stringent than regulations of the state board of health are null and void. Prohibits the application of any such regulations, ordinances, or resolutions adopted before July 1, 1997, to any application for a certificate of designation. Provides that the terms and conditions of any certificate of designation existing prior to July 1, 1997, are not affected by such provisions. Provides that a governing body having jurisdiction is not precluded or preempted from placing conditions on a certificate of designation consistent with local land use authority.
Requires the department of public health and environment to consider local impacts and local concerns in reviewing any application for a solid wastes disposal site and facility.
Prohibits the promulgation of any local resolution or ordinance concerning the engineering design and operation of a solid wastes disposal site and facility that conflicts with or is more stringent than any regulation adopted by the state board of health or the department of public health and environment.
VETOED by Governor June 5, 1997
H.B. 97-1295 Radioactive materials - financial assurance warranties - storage and disposal - license requirements. Allows the department of public health and environment to require financial assurance warranties from persons applying to become licensed or authorized to acquire, own, possess, or use radioactive material. Removes the requirement that a governmental entity own any site used for storage or disposal of low-level radioactive materials owned or generated by the United States department of energy so long as the owner of the site complies with regulations promulgated by the board of health, which may include financial assurance warranties.
Provides that the financial assurance warranties are to ensure decommission and decontamination of licensed facilities and to pay for the department's long-term monitoring of those facilities.
Requires the state board of health to promulgate regulations to implement the procedure for providing, using, and forfeiting the financial assurance warranties. Establishes when the department may refuse the financial assurance warranty of a licensee. Allows the department to determine the amount of the financial assurance warranty after considering a number of factors.
Requires the licensee to maintain the financial assurance warranty in good standing. Allows the department to decrease or increase the amount of the financial assurance warranty for good cause. The licensee may request an administrative hearing if the licensee disputes the amount of the financial assurance warranty.
Mandates that the financial assurance warrantor notify the department and the licensee upon the occurrence of certain events that impair the warranty. Permits the forfeiture of the financial assurance warranties under a number of circumstances. Allows the licensee to request a hearing on such forfeiture.
Authorizes the attorney general to commence legal proceedings to collect any moneys warranted by financial assurance warranties.
Creates the decommissioning fund and the long-term care fund for use by the department for disposing of radioactive materials and covering certain administrative and legal costs incurred by the department. Allows the department to return unused money from either fund to the licensee.
APPROVED by
Governor June 5, 1997
EFFECTIVE August 15,
1997
NOTE: This act was
passed without a safety clause. The act establishes an effective date of August 15, 1997. It
shall
take effect on that date unless a referendum petition is filed during the ninety-day period
after final adjournment of the
general assembly that is allowed for submitting a referendum petition pursuant to article V,
section 1 (3) of the state
constitution. If such a referendum petition is filed against this act or an item, section, or part
of this act within such
period, then the act, item, section, or part, if approved by the people, shall take effect on the
date of the official
declaration of the vote thereon by proclamation of the governor.
H.B. 97-1298 Health care facilities - reporting of incidents - release of information. Requires licensed health care facilities to report the occurrence of specified incidents to the department of public health and environment. Authorizes the state board of health to specify by rule the manner, time period, and form for reports. Identifies the reports as confidential, but allows them to be transmitted to other regulatory agencies as necessary for disciplinary or license sanctions. Requires the department to investigate each report that is appropriately submitted and prepare a summary of its findings, including whether there was a violation or deficiency or whether the facility acted appropriately.
Instructs the department to release the following information to the public:
Allows the department to respond to inquiries concerning a report by confirming that it has received the report and that it is under investigation.
Deletes all references to summary reports from the statutes governing the quality management program.
APPROVED by
Governor April 24, 1997
EFFECTIVE April 24,
1997
H.B. 97-1324 Air quality - Grand Canyon visibility transport commission recommendations - legislative approval. Finds and declares that the Grand Canyon visibility transport commission (GCVTC) was created under the "Federal Clean Air Act Amendments of 1990" to issue a report directed toward protecting visibility in the Grand Canyon national park. Recognizes that the GCVTC has completed its activities, but that a successor body is being proposed. Recognizes the importance of protecting visibility in the Grand Canyon national park. Declares the general assembly's intent to preserve Colorado's sovereignty and ensure fairness in implementing requirements placed on Colorado.
Encourages the governor or a designee of the governor to participate in any successor body to the GCVTC. Requires that a stakeholder process be implemented that includes representatives of the general assembly. Further requires the governor to provide an annual report to the general assembly concerning the activities of the GCVTC.
Prevents the GCVTC or any successor body from imposing new or different requirements on regulated communities or Colorado unless the requirements are approved or enacted by the general assembly acting by bill.
APPROVED by
Governor June 4, 1997
EFFECTIVE August 6,
1997
NOTE: This act was
passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the
expiration of the ninety-day period after final adjournment of the general assembly that is
allowed for submitting a
referendum petition pursuant to article V, section 1 (3) of the state constitution; except that,
if a referendum petition is
filed against this act or an item, section, or part of this act within such period, then the act,
item, section, or part, if
approved by the people, shall take effect on the date of the official declaration of the vote
thereon by proclamation of
the governor.
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