S.B. 03-21 Board of nursing - direct care provider career path pilot program - modifications. Modifies the state board of nursing's duties under the direct care provider career path pilot program, ("program") making them more permissive. Repeals the personal care provider tier of the program and adds a certified nurse aide - level III to the program.
APPROVED by Governor April 17, 2003
EFFECTIVE April 17, 2003
S.B. 03-27 Hunting and fishing outfitters - regulation - continuation under sunset law. Extends the automatic termination date of the regulation of outfitters to July 1, 2004.
APPROVED by Governor June 5, 2003
EFFECTIVE July 1, 2003
S.B. 03-50 Nurses - questionnaire - license renewal - appropriation. Requires the state board of nursing to create a questionnaire to be disseminated to licensed professional, practical, and retired nurses upon application for renewal of such nursing licenses. Requires the questionnaire to inquire whether a nurse has violated the "Nurse Practice Act" or committed any other act that would make the licensee unfit to practice nursing. Specifies that negligent or willful failure to respond to the questionnaire shall constitute grounds for discipline.
Appropriates $295,892 to the department of regulatory agencies and $119,600 to the department of law for the implementation of the act.
APPROVED by Governor May 14, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 03-71 Alcohol beverages - licensing - entities - investigations - universities and seminaries. Authorizes a club or arts liquor license to be issued to an entity upon the investigation of the president or chair of the board and the operational manager. Repeals a prohibition against placing a licensed arts liquor premises in a college, university, or seminary.
APPROVED by Governor March 13, 2003
EFFECTIVE March 13, 2003
S.B. 03-107 Racing - greyhounds - simulcast facilities - out-of-state signals. Authorizes an in-state simulcast facility on the premises of a greyhound track that is currently conducting a live race meet to receive simulcast greyhound races from an out-of-state host track during a week in which it schedules 5 days of live racing with at least 10 races each day. Requires the commission to apportion no more than 250 out-of-state simulcast race days equitably among greyhound tracks based upon the number of live race days. Prohibits the simulcast of more than the number of race days apportioned to such facility.
Requires an in-state simulcast facility to transmit out-of-state races through an in-state simulcast facility that is located on the premises of a greyhound track conducting a live race meet. If more than one greyhound track is conducting a live race meet concurrently, requires an in-state simulcast facility to only receive the broadcast signal and conduct pari-mutuel wagering through an in-state simulcast facility located in the same circuit as the in-state simulcast facility.
Requires 5% of the gross receipts from pari-mutuel wagers placed at an in-state simulcast facility on simulcast greyhound races to be deposited into the purse fund at the track hosting the current live greyhound meet through which the in-state simulcast facility receives the broadcast signal.
BECAME LAW April 29, 2003
EFFECTIVE June 1, 2003
S.B. 03-113 Division of gaming - continuation under sunset law - license renewals - retailer license penalty - employment termination - gaming equipment manufacturer and distributor residency requirement. Changes the renewal period for support licenses and key employee licenses from one year to 2 years. Changes the penalties that the Colorado limited gaming control commission (commission) may impose on a person who holds a retailer license from $12,500 to $25,000 for any cause that would have prevented the issuance of the license, for any violation of the Colorado limited gaming act, for any violation of a rule promulgated by the commission, or for conviction of a crime involving moral turpitude or a felony.
Deletes the requirement that any gaming licensee terminate the employment of any employee whose license has been revoked or expired within 24 hours after written notice of the license revocation or expiration. Repeals the requirement that any manufacturer or distributor of gaming equipment be a resident of or be located in Colorado.
Extends the automatic termination date of the division of gaming to July 1, 2013, pursuant to the provisions of the sunset law.
APPROVED by Governor May 22, 2003
EFFECTIVE May 22, 2003
S.B. 03-119 Pharmacists - regulation - sunset review - fining authority - grounds for discipline - disciplinary actions - exemptions from licensure - fees - transfer of drugs. Continues the regulatory functions of the state board of pharmacy (board) until 2012. Eliminates the confidential nature of a letter of concern as a disciplinary tool.
Allows the board to fine registrants for regulatory violations. Requires at least a 2-year revocation of a license before reapplication for a new license may be made. Allows wholesalers to sell or deliver prescription medications intended for veterinary use directly to the owner of the pet in need of the prescription.
Revises grounds for discipline to clarify the authority of the board. Adds additional grounds for discipline. Clarifies how the board may discipline licensees and registrants. Extends the time to appeal a letter of admonition from 20 days to 30 days.
Conforms the definition of "controlled substance" to the definition used in Colorado's criminal statutes. Harmonizes the definitions of "administer", "casual sale", "compounding", "delivery", "device", "dispense", "distribution", "manufacture", "nonprescription drug", "official compendia", "order", "refill", "supervision", and "wholesaler" to the model act for boards of pharmacy (model act). Conforms the definition of "prescription drug" to federal law.
Updates the pharmacy peer health assistance program provisions to indicate that peer assistance may be used in conjunction with disciplinary procedures of the board. Limits the terms of membership to the rehabilitation evaluation committee to 2 terms. Requires that one of the members of the rehabilitation evaluation committee be a psychiatrist or licensed mental health provider. Doubles the fee for the peer assistance program.
Clarifies that the state board of pharmacy may:
● Determine the qualifications and fitness of applicants;
● Maintain license and registration renewal information for a reasonable time;
● Conduct investigations, hold hearings, take testimony, subpoena witnesses, administer oaths, and compel the production of documents and things; and
● Regulate registered outlets for the purposes of embargos.
Allows a manufacturer that must obtain a prescription drug or device solely for research, development, or testing to be exempt from licensure as determined by the board. Increases the amount of time a pharmacy manager of a prescription drug outlet may make an application to transfer the registration to a new manager from 7 to 14 days. Requires all pharmacy outlets to register with the board. Clarifies the authority of the board to transfer facility registrations. Makes exemptions for county health department and the department of corrections for the transfer of pharmaceuticals outside of the definition of "casual sale". Allows excess pharmaceuticals to be transferred to another pharmacy outlet within existing causal sale limitations. Outlines when a pharmacist may refill prescriptions without the prescriber's authorization in conformity to federal law.
APPROVED by Governor April 17, 2003
EFFECTIVE July 1, 2003
S.B. 03-120 Dentists - dental hygienist - regulation - sunset review - continuing education - exemption from licensure for foreign trained dentists - fees. Extends the regulatory functions of the state board of dental examiners (the board) until 2012. Reorganizes provisions within the "Dental Practice Law of Colorado" for clarity and ease of usage.
Amends the definition of dentistry to conform with the American dental association's definition. Clarifies the practice of dentistry. Defines "accredited".
Increases the membership of the board by 2 members who are dentists and one additional dental hygienist. Limits a member of the board to serving 2 consecutive 4-year terms. Redesigns the disciplinary procedures of the board. Eliminates the position of secretary to the board. Requires the board to meet at least quarterly. Clarifies the requirements for members of the board. Creates a 2-panel system to address disciplinary investigations or actions of the board. Outlines procedures for the 2 panels. Allows for subcommittees of the board to perform licensing functions.
Requires dentists and dental hygienists from other states to participate in an accredited research or educational program. Allows the board to recognize dental specialties defined by the American dental association. Exempts foreign-trained dentists who are teaching in an accredited dental school offering a doctorate of dental surgery or doctorate of dental medicine from licensure requirements and clarifies the licensure requirements for these dentists. Allows the board to issue letters of admonition. Allows the board to issue subpoenas to obtain all documents relevant to a hearing or inquiry.
Clarifies the licensure application process and requirements for licensure of dentists and dental hygienists. Requires that the examination for knowledge portion of the licensure requirements be completed through a mail-in jurisprudence examination. Clarifies the grounds for discipline related to the prescription of habit-forming drugs, engaging in sexual activities with a patient, and failure to maintain financial responsibility for potential liability due to malpractice.
Requires the board to accept results of an examination administered by a regional testing body or other board-approved examination. Requires applicants who have not graduated from an accredited educational institution within the past 12 months and who have not engaged in an active clinical practice for 12 months immediately preceding the license application to demonstrate to the board professional ability and knowledge before a license may be granted.
Requires the professional review committee to notify the board of actions that may constitute violations of the Dental Practice Act. Requires a dentist and dental hygienist to complete 24 hours of continuing education every 2 years. Allows the board to waive continuing education requirements. Outlines areas of study for continuing education. Allows the administration and offering of continuing education courses by an administering entity. Allows the administering entity to be a professional association. Requires a fee be paid to the administering entity by a dentist and dental hygienist for administration of continuing education.
Requires dental hygienist to carry malpractice insurance.
Prohibits a person whose license is revoked from obtaining a license for at least 2 years. Extends immunity from civil or criminal liability for activities related to reviewing or supervising a licensee by an office inspector or practice monitor.
Requires full-denture construction tasks and procedures performed by a dental assistant to be under the direct supervision of a licensed dentist.
VETOED by Governor April 25, 2003
S.B. 03-134 Certified nurse aides - authority of board of nursing - continuation - appropriation. Authorizes the state board of nursing (board) to study new technology regarding criminal background checks for the purpose of conducting statewide and national fingerprint-based criminal history record checks on nurse aide certification applicants. Requires the board to report findings to the health care task force. Requires applicants to pay for the record checks as prescribed by the board.
Upon certification renewal, requires a renewal applicant who has not worked as a certified nurse aide for the preceding 24 months to pass a competency evaluation.
Changes the composition of the advisory committee designated to assist and report to the board to include a certified nurse aide, a licensed professional nurse who supervises certified nurse aides, a representative of a home health agency, a representative of a nursing facility, a department of public health and environment employee, a family member of a consumer who receives home health services, and a consumer of home health care or nursing facility services.
Requires the board by September 1, 2003, to provide a report to the health care task force on implementation of the program for administration of medication by medication aides in nursing facilities.
Revises the grounds for discipline of certified nurse aides to make abuse and neglect of patients separate grounds for discipline. Deletes the authority of the board to send a letter of admonition to a nurse aide for a complaint of misconduct that, in the opinion of the board, does not warrant formal action.
Clarifies when a disciplinary proceeding against a nurse aide shall be public and when the minutes or records of such proceeding shall be open for public inspection. Clarifies the circumstances under which a nurse aide may work without having obtained certification.
Extends the automatic termination date of the certification of nurse aides by the board until July 1, 2010.
Appropriates $1,200 to the department of regulatory agencies for allocation to the division of registrations for the implementation of the act.
APPROVED by Governor June 5, 2003
EFFECTIVE June 5, 2003
S.B. 03-226 Examining board of plumbers - continuation under sunset law - appeal of letters of admonition. Extends the automatic termination of the examining board of plumbers in the division of registrations in the department of regulatory agencies until July 1, 2013. Extends the deadline for appealing a letter of admonition from 20 days after receipt to 30 days after mailing.
APPROVED by Governor May 2, 2003
EFFECTIVE May 2, 2003
S.B. 03-241 Motor vehicle dealers - manufacturers - distributors - buyer agents. Continues the licensing of motor vehicle manufacturers, distributors, manufacturer agents, and buyer agents by the executive director of the department of revenue (executive director) until 2013.
Combines the distributor representative and factory representative licenses into the manufacturer representative license. Repeals the distributor branch and factory branch licenses.
Authorizes the executive director of the department of revenue to issue cease and desist orders for failure to obtain a manufacturer's license and to impose on a vehicle manufacturer a fine of up to $1,000 per day per violation of existing prohibitions.
APPROVED by Governor April 22, 2003
EFFECTIVE April 22, 2003
S.B. 03-274 FY 2003-04 budget reduction bill - limited gaming fund - suspension of distribution to local government limited gaming impact fund and Colorado travel and tourism promotion fund. Suspends the distribution of limited gaming revenues to the local government limited gaming impact fund and the Colorado travel and tourism promotion fund for the 2003-2004 state fiscal year. Provides that any unencumbered moneys in the local government limited gaming impact fund shall be transferred to the general fund on July 1, 2003. Provides that, if the total amount of revenues collected pursuant to the tax amnesty program exceeds $5 million, the excess shall be transferred to the local government limited gaming impact fund.
APPROVED by Governor May 1, 2003
EFFECTIVE May 1, 2003
H.B. 03-1012 Corporate practice of medicine doctrine - professional service corporation for the practice of medicine - independent medical judgment of physicians - vicarious corporate liability for tortious conduct of physicians - independent negligence by professional service corporation. Specifies that the intent of the general assembly is to restore and reinstate the corporate practice of medicine doctrine in Colorado. Clarifies that a professional service corporation for the practice of medicine may not practice medicine. Prohibits lay directors and officers of a professional service corporation for the practice of medicine from exercising authority over the independent medical judgment of physicians. Clarifies that a professional service corporation for the practice of medicine may not be held vicariously liable to a patient or third person for the tortious conduct of a physician who is a shareholder or employee of the professional service corporation. Clarifies that a cause of action against a professional corporation for the practice of medicine for its independent acts of negligence is not abrogated.
APPROVED by Governor May 2, 2003
EFFECTIVE July 1, 2003
H.B. 03-1047 Public establishment - vendor contract. Makes a contract between a vendor and a public establishment invalid unless the vendor enters into the contract directly with the owner, general manager, or a person specifically authorized in writing by the owner or general manager of the public establishment to enter into the contract. Makes a contract printed on an invoice included with delivered items that have been accepted by a public establishment void.
APPROVED by Governor April 7, 2003
EFFECTIVE April 7, 2003
H.B. 03-1061 Professional engineers - professional land surveyors - annual roster. Repeals the requirements that the state board of registration for professional engineers and professional land surveyors publish an annual roster and file such roster with the executive director of the department of regulatory agencies and each county clerk and recorder. Requires the board to make available through printed or electronic means an annual fiscal report, statutes administered by the board, a list of the names and addresses of professional engineers and land surveyors, a list of the registration numbers of all current and previously registered professional land surveyors, the rules of the board, including rules of conduct, and other pertinent information.
APPROVED by Governor April 22, 2003
EFFECTIVE April 22, 2003
H.B. 03-1063 Drugs and druggists - prescription label - notification to patient. Allows the purpose for which a drug is being prescribed to appear on the prescription label. Allows the pharmacist to fill the prescription, if this information is not provided, without contacting the practitioner. Requires a physician, podiatrist, dentist, optometrist, advanced practice nurse, or physician assistant to notify a patient of the option to have the purpose for which the drug is prescribed on the prescription label. Specifies that it is not a ground for discipline for a physician, podiatrist, dentist, optometrist, advance practice nurse, or physician assistant to fail to notify a patient of the option to have the purpose for which the drug is prescribed printed on the patient's prescription label.
APPROVED by Governor March 25, 2003
EFFECTIVE March 25, 2003
H.B. 03-1123 Greyhounds and horse racing - facilities - fees - parimutuel wagering take-out - appropriation. Establishes an annual fee for all racing licenses that approximates the cost of regulating racing. Credits the annual fee to the racing cash fund, which is created for the purpose of funding the administration of the racing statutes, subject to appropriation. Requires moneys in the racing cash fund at the end of each fiscal year to remain in the fund.
Authorizes the commission to set the take-out on parimutuel wagering for a racing or simulcast facility, but not to exceed 30% of gross receipts of such wagering or racing.
Appropriates $1,977,165 from the racing cash fund to the department of revenue for implementation of the act. Adjusts appropriations made in the 2003-2004 long bill.
APPROVED by Governor June 3, 2003
EFFECTIVE July 1, 2003
H.B. 03-1156 Board of medical examiners - fining authority. Allows the Colorado state board of medical examiners (board) to impose a fine of not more than $10,000 against a licensee in lieu of suspending a license. Directs moneys received as fines imposed by the board to the state's general fund.
APPROVED by Governor April 1, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1157 Alcohol sales - credit terms. Clarifies that federal law prohibiting the extension of credit to alcohol retailers for more than 30 days for the sale of alcohol applies in Colorado.
APPROVED by Governor March 20, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1192 Chiropractors - discipline - documents - procedures. Changes the standard for disciplining a chiropractor from addiction to alcohol or a controlled substance to habitual intemperance or excessive use. Authorizes the Colorado state board of chiropractic examiners (board) to issue a letter of admonition or revoke or deny a license if a chiropractor has a physical or mental disability that makes him or her unable to render services with reasonable skill and safety or if he or she performs a procedure that is beyond the scope of the chiropractor's training, competence, or license.
Clarifies that any violation of the statutes governing chiropractors constitutes grounds for discipline.
Authorizes the board to revoke or suspend a license without a hearing if a licensee commits a deliberate and willful violation. Clarifies that a license may be suspended without a hearing in an emergency if the public health, safety, and welfare require emergency action.
Broadens the board's subpoena powers to include original documents so long as they remain confidential and are returned as soon as the accuracy of the copy is ascertained or the case is concluded if the original is needed as evidence of falsification.
Exempts the board from the open records law in disciplinary actions until final action is taken.
APPROVED by Governor March 25, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1216 Commercial driving schools - vehicle requirements. Deletes the requirement that a driving school vehicle have a clutch and ignition toggle switch for the instructor.
APPROVED by Governor April 7, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1219 Collection agencies - debt collectors - regulation - continuation of collection agency board under sunset law. Extends the automatic termination date of the collection agency board to July 1, 2008, pursuant to the provisions of the sunset law. Requires the board to have reasonable cause to conduct investigations.
Modifies consumer notification and communication standards for debt collectors and collection agencies. Specifies the venue and standards of liability for legal actions. Obligates the administrator of the "Uniform Consumer Credit Code" to establish licensing records, fees, and schedules.
Credits fines to the general fund instead of the collection agency cash fund.
APPROVED by Governor May 21, 2003
EFFECTIVE May 21, 2003
H.B. 03-1229 Mental health professionals - exemption from licensure. Creates an exemption from licensure for out-of-state mental health professionals to practice within Colorado for a period of not more than 20 days annually.
APPROVED by Governor April 22, 2003
EFFECTIVE April 22, 2003
H.B. 03-1289 Household goods carriers - registration fee - safety requirements - complaint process - moving contract - rules - appropriation. Declares that household goods carriers (movers) affect the public interest and are therefore subject to regulation. Clarifies that a mover is not a public utility.
Increases the registration fee paid to the public utilities commission (PUC) by a mover before doing business within the state. Requires the PUC to issue a certificate of registration to a mover who has met the PUC's registration and fee requirements. Requires any fees collected to be deposited in the motor carrier fund. Allows adjustment of the fee by the PUC in order to stay within the target reserve for the applicable fiscal year.
Clarifies that a registration is only valid for a mover transacting business at the location or locations specified on the registration application. Requires a mover to notify the PUC of any changes in the name or location of the mover.
Requires a mover to maintain public liability and property damage insurance, a surety bond, or a certificate of self-insurance. Requires a mover to maintain cargo insurance. Requires a mover to document such insurance coverage with the PUC.
Requires a mover to adhere to applicable vehicle safety requirements. Directs the PUC to revoke the mover registration of any person who does not comply with the insurance and safety requirements of the PUC or with rules adopted by the PUC. Prohibits a mover who has had his or her registration revoked more than twice from re-registration within 2 years after the date of the 3rd revocation.
Allows a person to register a complaint against a mover with the PUC. Requires such complaints to be heard in accordance with the hearings and investigations proceedings of the PUC. Allows a person injured by a violation of a mover to apply to a court of competent jurisdiction for relief.
Prohibits a mover from advertising in a name other than that in which the registration is held. Requires each advertisement to include the physical address of the mover and the mover's PUC number.
Specifies that a contract or a bill of lading for moving services must include an estimate of cost in writing, and the signature of the shipper. Requires such contract to include the name, telephone number, and address of the mover; the date the document is prepared and the date of the move; the name, address, and telephone number of the shipper, and the place of pickup and delivery; an itemized breakdown and description of all costs and acceptable forms of payment; and a statement including the name and registration number of the mover.
Requires the mover to relinquish household goods to the shipper unless the shipper has not made payment as specified in the contract. Prohibits a mover from refusing to relinquish prescription medicines, medical equipment, medical devices, or goods for use by children, under any circumstances. Allows a mover to store goods that have been lawfully withheld.
Requires the PUC to promulgate rules to govern the operation of intrastate movers to implement the act. Grants enforcement authority to the PUC, the Colorado state patrol, and the ports of entry section of the department of revenue. Makes violation of the act a class 2 misdemeanor and subjects violators to civil penalties.
Appropriates $61,323 to the department of regulatory agencies for allocation to the public utilities commission for the implementation of the act.
APPROVED by Governor June 4, 2003
EFFECTIVE June 4, 2003
H.B. 03-1305 Mortuary science. Requires a funeral establishment to have the appropriate equipment and personnel to provide the funeral services it contracts to provide and to provide notice to the consumer, when the consumer inquires, of any subcontractors and agents. Requires a funeral establishment to retain documents and records concerning a final disposition of human remains for at least 7 years.
Prohibits advertising as a degree-holding, registered, licensed, or certified funeral director, mortician, or embalmer if the degree, registration, license, or certification is not valid at the time of advertisement. Makes such conduct punishable by up to a $5,000 fine, 24 months' imprisonment, or both.
Repeals an exemption stating that a dead human body that is properly frozen, interred, or cremated within 24 hours after death is not subject to the "Mortuary Science Code".
Narrows the religious exception to the "Mortuary Science Code" by:
● Requiring a dead human body to be refrigerated, frozen, embalmed, interred, or cremated within 7 days after death;
● Requiring a refrigerated or embalmed body to be interred, frozen, or cremated within 30 days after death; and
● Authorizing a state or local health authority to overrule the exception if the body contains a contagious disease.
Protects a funeral director or embalmer from liability if he or she acts in good faith and relies upon a signed statement from a person with the right of final disposition. Authorizes a funeral director or embalmer to dispose of cremated remains at the expense of the person with the right of final disposition within 365 days after cremation if the funeral director gives notice, records the location and the costs, and the recovery of the cremated remains is possible.
Removes the right of final disposition from a person who is charged with a crime that caused the deceased's death. Reinstates such right if the charges are dismissed or if the person is acquitted.
Repeals a mortuary science practitioner's responsibilities concerning eye donation.
APPROVED by Governor May 22, 2003
EFFECTIVE July 1, 2003
H.B. 03-1337 Tavern licenses - alcohol beverages. Removes the existing provision limiting to 3 the number of tavern licenses that a person may hold. Allows tavern licensees to have an interest in a hotel and restaurant license and allows hotel and restaurant licensees to have an interest in a tavern license.
APPROVED by Governor May 2, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 03-1339 Real estate brokers - errors and omissions insurance - state programs. Repeals a requirement that the errors and omissions insurance coverage offered by the real estate commission to real estate licensees cost less than $100 per year. Requires the commission to consider information and comments from interested persons when determining the reasonableness of annual errors and omissions insurance premiums.
Temporarily repeals a prohibition on appropriating money from the general fund to cover shortfalls in the real estate recovery fund.
APPROVED by Governor May 22, 2003
EFFECTIVE August 6, 2003
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.