Professions And Occupations - Digest of Bills

Digest of Bills - 2005

PROFESSIONS AND OCCUPATIONS

S.B. 05-13 Real estate - licenses - renewal - criminal history record check - appropriation. Requires a fingerprint-based criminal history record check upon renewal of a real estate salesperson's or broker's license. Applies only to those persons licensed before July 1, 2004.

Makes the act contingent upon the passage of and savings realized from House Bill 05-1131.

APPROVED by Governor June 3, 2005
EFFECTIVE July 1, 2005
NOTE: House Bill 05-1131 was signed by the governor June 3, 2005. For more information on the effective date see section 4 of this act.

S.B. 05-58 Alcohol beverage licensee - removal of partially consumed container of vinous liquor. Expands the types of alcohol beverage licensees that may allow a customer to reseal and remove one partially consumed bottle of vinous liquor from the premises of the licensee under certain circumstances.

APPROVED by Governor April 22, 2005
EFFECTIVE April 22, 2005

S.B. 05-95 Liquor licenses - limited winery license. Amends the limited winery license provisions to allow persons who produce not more than 100,000 gallons, or the metric equivalent thereof, of wine from grapes, fruit, and other agricultural products, including honey, in Colorado to be licensed as a limited winery. Eliminates provisions concerning crop utilization.

Allows a licensed limited winery or a manufacturer that is licensed to manufacture vinous liquor to obtain a wine festival permit.

Allows a licensed winery to affix the phrase "Colorado Grown" to bottles of wine of its own manufacture that contain wine produced from 100% Colorado agricultural products.

APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005

S.B. 05-145 Certified public accountants - continuation of state board under sunset law - continuing education - temporary practice permits. Repeals the requirement that certified public accountants complete at least 20 hours of continuing education in any year. Authorizes the board to issue temporary practice permits to out-of-state certified public accountants in good standing. Clarifies that a public accounting firm doing business in this state may be owned by a simple majority of certified public accountants from any state.

Extends the automatic termination date of the state board to July 1, 2010, pursuant to the provisions of the sunset law.

APPROVED by Governor April 14, 2005
EFFECTIVE July 1, 2005

S.B. 05-146 Barbers and cosmetologists - continuation of regulation and advisory committee under sunset law - examinations - licensure by endorsement. Continues the regulation of barbers, hairstylists, cosmetologists, cosmeticians, and manicurists and extends the automatic termination date of the advisory committee to assist the director of the division of registrations (director) in carrying out his or her duties (advisory committee) until July 1, 2015. Changes the occupation title of "cosmetician" to "esthetician". Expands the statutory scope of practice for each occupation regulated pursuant to the "Barber and Cosmetologist Act" (act). Repeals the authorization for the director to prepare and submit a report annually to the governor. Allows the director to investigate an alleged violation of the act on his or her own initiative or upon receipt of a complaint. Changes the membership of the advisory committee. Requires the licensing examinations to be periodically updated by the director in consultation with the advisory committee. Changes the way license applicant training is measured from course hours to credit hours. Requires the director to issue a license by endorsement to applicants who meet the statutory requirements.

APPROVED by Governor May 26, 2005
EFFECTIVE July 1, 2005

S.B. 05-147 Respiratory therapists - additional grounds for discipline - prohibition against excessive or habitual use or abuse of alcohol, drugs, or controlled substances - practice by polysomnographic technologists - continuation of regulation of respiratory therapists under sunset law. Continues the regulation of respiratory therapists pursuant to the "Respiratory Therapy Practice Act" through July 1, 2015, and modifies the act in the following respects:

● Adds to the grounds for disciplining respiratory therapists making false or repeatedly incorrect entries or failing to make essential entries on patient records and practicing outside or beyond the therapist's area of training, experience, or competence.

● Repeals the prohibition against addiction to and dependency on alcohol, drugs, or controlled substances and replaces it with a prohibition against excessive or habitual use or abuse of alcohol, drugs, or controlled substances.

● Allows the practice or respiratory therapy by a polysomnographic technologists who are not registered by or do not hold credentials from a nationally recognized organization, but only under the supervision of a respiratory therapist, physician, or specified individuals who are exempt from the "Respiratory Therapy Practice Act".

● Limits the scope of practice of a registered polysomnographic technologist to oxygen titration with pulse oximetry and noninvasive positive pressure ventilation titration.

APPROVED by Governor April 14, 2005
EFFECTIVE July 1, 2005

S.B. 05-155 Certified nurse aide - administration of medication in nursing facility - prerequisites - education - examination administered by state board of nursing - authority granted by board - limitation on authority - grounds for discipline. Requires a certified nurse aide to meet specific prerequisites before receiving authority as a medication aide to administer medications in nursing facilities. Requires the certified nurse aide applicant to successfully complete education in specified courses intended to provide training and experience in medication administration.

Upon demonstration to the state board of nursing (board) that the applicant has met the prerequisites and successfully completed the required education courses, specifies that if the applicant applies to take a medication administration examination approved by the board and the applicant passes the examination, requires the board to grant the applicant authority to perform limited medication administration tasks in a nursing facility.

Requires the board to promulgate rules regarding medication aides.

Repeals the training, education, and functions of medication aides, effective July 1, 2010, under current sunset law.

Adds the following grounds for discipline of a nurse aide or medication aide:

● Willful or negligent action in a manner inconsistent with the health or safety of persons under the aide's care;

● Willful or negligent practice as a medication aide in a manner that does not meet generally accepted standards for such practice; or

● Willful or negligent violation of an order or rule of the board pertaining to the practice or authorization as a medication aide.

Requires an employer of a medication aide to report the following to the board:

● Conduct of a medication aide that constitutes grounds for discipline; and

● Any disciplinary action taken by the employer against a medication aide or the resignation of a medication aide in lieu of disciplinary action.

Repeals requirements relating to criminal history background checks.

Makes an adjustment to the 2005 general appropriation act.

APPROVED by Governor June 2, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 05-187 Pharmacists - supervision - training. Authorizes a pharmacy intern to be a person who is licensed and making the clinical rotations of the nontraditional pharmacy program at the university of Colorado or an equivalent program. Clarifies that a chart order occurs not only at a hospital but at a long-term care facility. Clarifies that the 500-hour experience requirement to be a supervising pharmacy technician is in the practice of pharmacy.

APPROVED by Governor April 22, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1007 Notaries public training - journal of notarial acts. On and after January 1, 2006, requires all applicants for appointment and commission as a notary public to take a course of instruction approved by the secretary of state and pass a written examination on the material covered by the course within the 3 months preceding the application.

Requires all notaries public to keep a journal of all their notarial acts.

VETOED by Governor April 28, 2005

H.B. 05-1016 Corporate practice of physical therapy - exemption for physical therapists practicing in health care agency. Specifies that employment of physical therapists by a certified or licensed hospital, licensed skilled nursing facility, certified home health agency licensed hospice, certified comprehensive outpatient rehabilitation facility, certified rehabilitation agency, authorized health maintenance organization, accredited educational entity, or other entity wholly owned and operated by any governmental unit or agency is not the corporate practice of physical therapy if:

● The relationship created by the employment does not affect the ability of the physical therapist to exercise his or her independent judgment in the practice of the profession;

● The physical therapist's independent judgment is in fact unaffected by the relationship;

● The policies of the entity employing the physical therapist contain a procedure by which complaints by a physical therapist alleging impingement on the physical therapist's ability to exercise independent judgment may be heard and resolved;

● The physical therapist is not required to exclusively refer patients to a specific provider or supplier, but this provision does not invalidate the policy provisions of a contract between a physical therapist and his or her intermediary or the managed care provisions of a health coverage plan; and

● The physical therapist is not required to take any other action he or she determines not to be in the patient's best interest.

APPROVED by Governor April 22, 2005
EFFECTIVE April 22, 2005

H.B. 05-1040 Real estate brokers - licensure - submission of fingerprints to CBI - appropriation. Streamlines the process of submission of fingerprints by applicants for real estate broker licenses by requiring a license applicant to submit a set of fingerprints directly to the Colorado bureau of investigation (CBI), rather than the real estate commission (commission), for purposes of conducting a state and national fingerprint-based criminal history record check. Specifies that the applicant is to pay the fee for conducting the record check to the CBI, and the CBI is to forward the results of the record check to the commission upon completion.

Makes adjustments to the 2005 general appropriation act.

APPROVED by Governor June 3, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1130 Pharmacists, physicians, and prescription drug outlets - electronic prescription drug monitoring program - reporting requirements - creation of fund - appropriation. Makes legislative findings. Creates the prescription controlled substance abuse monitoring advisory committee (committee) subject to termination under the existing sunset law. Directs the committee to advise the state board of pharmacy (board) regarding development, operation, and maintenance of an electronic prescription drug monitoring program (program). Requires the board to develop or procure a program to track prescriptions written for controlled substances in Colorado. Requires the board and the committee to establish a method for prescription drug outlets and pharmacists to submit information to the program about each prescription dispensed.

Requires the board to operate and maintain the program. Limits access to the program data to board staff, prescribers, physicians, pharmacists, law enforcement officials, and patients. Creates the prescription drug monitoring fund (fund) to receive gifts, grants, and donations for the operation of the program. Allows the implementation and operation of the program only if at least $400,00 is available in the fund by October 1, 2006. Creates a civil penalty for the unauthorized release of program information. Grants immunity to physicians, pharmacists, and prescription drug outlets for good faith participation in the program. Exempts certain hospitals, certain prescription outlets located within a hospital, and emergency services personnel from participation in the program. Repeals the program, effective July 1, 2011.

Appropriates $147,156 and 3.0 FTE to the department of regulatory agencies for allocation to the division of registrations and the executive director's office. Appropriates $27,707 to the department of law. Anticipates the receipt of $400,000 in federal funds for the implementation of this act.

APPROVED by Governor June 3, 2005
EFFECTIVE June 3, 2005

H.B. 05-1136 Notaries public - secretary of state rules - electronic transmission of notarized photographs. Requires the secretary of state to adopt rules establishing standards, procedures, practices, forms, and records relating to the ability of notaries public to transmit encrypted, authenticated photographs of individuals for use by motor vehicle offices, credit card companies, and other entities requiring an authenticated photograph of an individual. Specifies that the rules are to require that the notary maintain an encryption device or other technology enabling the electronic transmission of secure, authentic photographs.

Allows the notary to charge a fee up to $10 for each photograph electronically transmitted. Requires the rules to be adopted as soon as administratively feasible, but states that the rules will not take effect until the general assembly, acting by bill, approves the rules.

APPROVED by Governor April 20, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1145 Examining board of plumbers - application and renewal fees - apprentice plumbers - misdemeanors. Requires the examining board of plumbers (board) to set and collect fees for application and renewal of a license or registration of a journeyman plumber, residential plumber, apprentice plumber, or plumbing contractor.

Prohibits a journeyman plumber, master plumber, or residential plumber from supervising more than 3 apprentice plumbers at one jobsite. Allows a master plumber to be responsible for no more than one plumbing contractor at a time.

Clarifies the laws governing plumbers to specify that the following acts are class 1 misdemeanors:

● Violating the statutes governing plumbers;

● Practicing as a journeyman plumber, residential plumber, apprentice plumber, master plumber, or plumbing contractor without a license or during a period in which the person's license or registration has been suspended or revoked;

● Selling or fraudulently obtaining or furnishing a license to practice as a journeyman plumber, residential plumber, apprentice plumber, master plumber, or plumbing contractor or aiding or abetting such practice; and

● In connection with any construction or building project requiring the services of any person regulated by the statutes governing plumbers, to willfully disregard or violate:

● Any building or construction law of this state or any of its political subdivisions;

● Any safety or labor law;

● Any health law;

● Any workers' compensation insurance law;

● Any state or federal law governing withholdings from employee income including income taxes, unemployment taxes, or social security taxes; or

● Any reporting, notification, or filing law of this state or the federal government.

Provides that half of any fine imposed by the board shall be credited to the city, town, county, or city and county in which the offense occurred.

Specifies that registration requirements for plumbing contractors take effect July 1, 2006. The remaining provisions in the act are effective August 8, 2005.

VETOED by Governor May 27, 2005

H.B. 05-1182 Registered social worker - licensed independent social worker - repeal of terms. Repeals the obsolete terms "registered social worker" and "licensed independent social worker". Deletes references to such terms. Clarifies that a registered psychologist candidate is subject to the provisions of law governing mental health professionals.

APPROVED by Governor April 5, 2005
EFFECTIVE April 5, 2005

H.B. 05-1209 Pharmacists - drug compounding. Raises from 5% to 10% of total sales the amount of drugs, in relation to total annual sales, that a pharmacist may sell to a person or entity that is not a consumer of the drugs. Instructs the state board of pharmacy to promulgate rules authorizing a pharmacist to compound drugs. Instructs the director of the division of registrations to create a task force to study drug compounding and make recommendations to the joint legislative oversight committee.

APPROVED by Governor June 1, 2005
EFFECTIVE June 1, 2005

H.B. 05-1236 Alcohol beverages - on-premises alcohol beverage licenses. Establishes that, except with regard to a club license, any owner, part owner, shareholder, or person interested directly or indirectly in one kind of retail on-premises alcohol beverage license may have an interest in other kinds of retail on-premises alcohol beverage licenses.

APPROVED by Governor April 27, 2005
EFFECTIVE August 8, 2005
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 05-1264 Real estate - recovery fund - repeal - appropriation. Repeals the real estate recovery fund ("fund"). Transfers the unencumbered balance of and revenues formerly deposited in the fund to the division of real estate cash fund. Allows recovery claims to be made only against the transferred balance and then from the general fund. Prohibits claims that previously could have been initiated against the fund unless the civil action was initiated no later than 30 days after the effective date of the act. Repeals the real estate recovery program once the final claim against the transferred balance or the general fund has been paid.

Appropriates $203,643 to the department of regulatory agencies for allocation to the division of real estate for the implementation of the act and decreases the 2005-06 general appropriation act to the department by $214,961.

APPROVED by Governor May 27, 2005
EFFECTIVE May 27, 2005