Professions And Occupations - Digest of Bills

Digest of Bills - 2006

PROFESSIONS AND OCCUPATIONS

S.B. 06-14 Real estate - brokers and salespersons. Effective January 1, 2007:

● Requires real estate brokers and salespersons to independently obtain errors and omissions insurance if the real estate commission is unable to obtain such insurance at a reasonable annual premium.

● Requires the division of real estate within the department of regulatory agencies, when it becomes aware of facts or circumstances that fall within the jurisdiction of a criminal justice or other law enforcement authority upon investigation of the activities of real estate brokers and salespersons, to forward the information to such authorities.

APPROVED by Governor May 25, 2006
EFFECTIVE January 1, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-20 Nurse licensure compact - direction to governor - multistate licensure privilege. Directs the governor to enter into a nurse licensure compact ("compact") with other states to allow licensed nurses to exercise a multistate licensure privilege in other states that have also adopted the compact ("party states"). Approves and ratifies the compact developed by the national council of state boards of nursing.

The compact:

● States that a license to practice nursing issued by a home state to a state resident will be recognized by party states. In order to obtain or retain a license, all applicable home state requirements must be met.

● Allows a party state to limit the multistate licensure privilege of any nurse to practice in such party state. Requires notification to the coordinated licensure information system of any adverse actions. Requires nurses to comply with the state laws in which they are practicing and subjects them to that state's jurisdiction. Does not limit applications for licensure in a party state, but provides that such license will not be recognized by other party states unless explicitly agreed to by that state.

● Requires a party state to ascertain whether a license applicant holds a license in another state and whether any adverse actions have been taken by another state against that applicant. Allows nurse licensure to be held in only one party state at a time. Allows issuance of a new license in another party state only with a proven change of residence.

● Requires adverse actions and investigations to be reported through the coordinated licensure information system. Grants authority to a party state to complete investigations for a nurse who changes primary state residence during an investigation. Requires the administrator of the coordinated licensure information system to notify the new home state of any adverse action. Allows a party state to take action affecting the practice within that state, but allows only a home state to take action against a license it issues. Requires a home state to consider conduct reported from another state and apply its own laws to determine appropriate action. Allows participation in an alternative program in lieu of licensure action.

● Authorizes a party state's nurse licensing board to recover costs of investigations from affected nurses, issue subpoenas for hearings and investigations, issue cease and desist orders to limit or revoke nursing licenses, and promulgate rules.

● Requires party states to participate in the creation of a coordinated database to include information on all nurse participants, including licensure information, disciplinary history, any adverse actions, and any current investigative information. Imposes certain confidentiality standards for such information.

● Designates the head of each party state's nurse licensing board or his or her designee as the administrator of the compact for his or her state. Requires each compact administrator to provide information to other party states. Authorizes the compact administrator to develop uniform rules to be adopted by other party states.

● Makes provisions for withdrawal from the compact, amendments to the compact, severability of provisions, and dispute resolution.

APPROVED by Governor June 2, 2006
EFFECTIVE June 2, 2006

S.B. 06-68 Liquor license - transfer of business ownership - criteria. Allows a county, city and county, or municipality to consider the following regulatory requirements in addition to specific statutory requirements in determining whether to permit the transfer of an alcohol beverage license when the business holding the license is sold:

● The reasonable requirements of the neighborhood and the desires of the adult inhabitants;

● The possession, by the licensee, of the changed premises by ownership, lease, rental, or other arrangement;

● Compliance with the applicable zoning laws of the municipality, city and county, or county;

● Compliance with the distance prohibition in regard to any public or parochial school or the principal campus of any college, university, or seminary; and

● The legislative declaration that the Colorado liquor and beer codes are an exercise of the police powers of the state for the protection of the economic and social welfare and the health, peace, and morals of the people of this state.

APPROVED by Governor May 4, 2006
EFFECTIVE May 4, 2006

S.B. 06-84 Outfitters - license - emergency situation. Allows outfitters to hire a guide who does not possess a valid first aid card or first aid instructor's card in an emergency situation, as defined by the director of the division of registrations.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

S.B. 06-196 Nurses - appointment to the state board of nursing. Allows the governor to appoint a nurse in good standing to the state board of nursing for one term if there is not an appropriate candidate available who meets the existing requirements for appointment. At the end of such term, allows the governor, after a good faith effort to find an appropriate applicant, to again appoint a nurse in good standing to fill a vacancy for one term.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

S.B. 06-212 Dentists - dental hygienists - definition of employment - shared use of office space and facilities. Amends the "Dental Practice Law of Colorado" to allow a dental hygienist proprietor, or a professional corporation or limited liability corporation of dental hygienists, to contract with a licensed dentist to provide dental services to patients. Specifies that the determination of what dental services are necessary and the professional responsibility for such services shall remain with the treating dentist.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

S.B. 06-217 Distinguished foreign teaching physician - qualifications for licensure.Authorizes the state board of medical examiners (board) to issue a distinguished foreign teaching physician license to applicants in place of a temporary physician license. Removes the 5-year limit for which the license may be annually renewed. Continues to allow a qualified applicant who is not offered the rank of associate professor to be granted a temporary license. Grants rule-making authority to the board.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

S.B. 06-224 Motor vehicle dealers and manufacturers - event data recorders. Requires motor vehicle manufacturers to disclose that a motor vehicle has an event data recorder and the type of data recorded.

Prohibits retrieval of event data from a motor vehicle unless:

● The owner has consented within the last 30 days;

● The data is retrieved to service the vehicle at the owner's request;

● The data is subject to discovery in a lawsuit;

● A court or administrative agency orders it;

● The event data recorder was installed after the vehicle was sold;

● A peace officer retrieves the data pursuant to a court order; or

● The event data recorder was installed as part of a subscription service.

Prohibits the release of event data unless the person is authorized to download the data and:

● The owner has consented within the last 30 days;

● The data is subject to discovery in a lawsuit;

● The data is released pursuant to a court order as part of an investigation;

● If the identity of the owner is not disclosed and the data is released to a motor vehicle safety and medical research entity to advance motor vehicle safety, security, or traffic management;

● The data is released to a data processor for specified purposes and the identity of the owner or driver is not disclosed; or

● The event data recorder was installed as part of a subscription service.

Requires a subscription service provider that uses an event data recorder to disclose the fact and provide instructions for disabling the device by a technician.

Punishes a violation of the act as a class 1 misdemeanor.

Applies to motor vehicles manufactured on or after May 1, 2007.

APPROVED by Governor June 2, 2006
EFFECTIVE June 2, 2006

S.B. 06-230 Prescription drugs - wholesale distribution - license requirements - criminal history record check - restrictions on transactions - pedigree requirement - penalty - appropriations. Requires a wholesaler of prescription drugs (wholesaler) that resides in this state to be licensed by the state board of pharmacy (board). Requires a wholesaler that does not reside in this state to be licensed in this state prior to engaging in the wholesale distribution of prescription drugs in this state. Authorizes the board to adopt rules to approve an accreditation body to evaluate wholesalers' operations and compliance with applicable laws.

Requires an applicant for a wholesaler license to pay a fee to the board and to submit information to the board for licensing. Requires an applicant for a wholesaler license applicant to submit information, including fingerprints, to the board. Requires the board to forward the fingerprints to the Colorado bureau of investigation (CBI) for a state and national criminal history record check.

Requires a wholesaler to update information provided to the board on an annual basis. Restricts certain transactions involving prescription drugs. Places restrictions on transactions between wholesalers and pharmacies and chain pharmacy warehouses. Requires each wholesaler to establish and maintain inventories and records regarding the distribution of prescription drugs, including a pedigree for a drug that leaves the normal distribution channel. Creates a penalty for engaging in the wholesale distribution of prescription drugs in violation of the act.

For the implementation of the act, appropriates:

● $28,874 to the department of regulatory agencies, executive director's office;

● $191,041 and 3.3 FTE to the department of regulatory agencies, division of registrations;

● $28,874 and 0.2 FTE to the department of law. Specifies that such sum shall be from cash funds exempt received from the department of regulatory agencies, executive director's office, out of the appropriation made to such department by the act.

● $31,183 and 0.3 FTE to the department of public safety for allocation to the CBI. Specifies that such sum shall be from fingerprint processing fees collected by the CBI.

● $39,600 to the department of public safety for pass-through to the federal bureau of investigation. Specifies that such sum shall be from cash funds exempt fingerprint processing fees collected by the CBI.

APPROVED by Governor June 2, 2006
EFFECTIVE June 2, 2006

S.B. 06-239 Mortuary science - regulation - practitioner - funeral director - embalmer - cremator - appropriation. Regulates the mortuary science profession by:

● Requiring a mortuary science practitioner to be licensed, which requires a mortuary science degree, passing the national board test, and 2,000 hours of experience in the field, typically as an intern;

● Requiring a funeral director to be certified, which requires 2,000 hours of experience and 50 funerals or graveside services directed;

● Requiring an embalmer to be certified, which requires 4,000 hours of experience and embalming 50 bodies;

● Requiring a cremator to be certified, which requires 500 hours experience and cremating 100 bodies; and

● Requiring an intern to be registered, which requires a high school diploma and a supervising professional.

Applies the hours requirements to mortuary science practitioners, funeral directors, and cremators on January 1, 2008, and to embalmers on January 1, 2009.

Requires licenses, certificates, and registrations to be renewed annually. Limits the period a registrant may intern to 4 years as an embalmer and 2 years as a mortuary science practitioner, funeral director, or cremator.

Sets standards of practice for embalming and cremating.

Authorizes the executive director of the department of public health and environment ("director") to discipline licensees, certificate holders, or registrants for:

● Misstatement or omitted disclosures on an application;

● Being disciplined within the last 2 years, typically in another state;

● Negligently violating the mortuary science code;

● Failing to comply with the standards of practice; or

● A pattern of unprofessional acts.

Requires disciplinary hearings to be conducted in accordance with the "State Administrative Procedures Act". Sets the revocation period as 2 years. Authorizes temporary suspensions in lieu of revocation when a violation does not rise to revocation. Authorizes the director to investigate potential violations, administer oaths, issue subpoenas, and hear witnesses. Grants qualified immunity to witnesses and persons filing a complaint when acting in good faith. Requires an investigation if a complaint is made by a professional organization. Authorizes cease-and-desist orders.

Grants the director rule-making authority. Requires the director to seek input and advice from professional organizations when adopting rules. Requires the director to promulgate rules that ensure continuing competence of licensees and certificate holders.

Grants the director fee-setting authority. Requires fees to be in an amount to offset the direct and indirect costs of implementing the act. Creates the mortuary cash fund.

Allows the director to issue orders closing, or requiring changes in the operation of, a funeral establishment if the establishment creates an unreasonable and imminent hazard to public health. Sets standards for the order and procedures for a hearing on the order. Authorizes the director to enter a funeral establishment and to conduct random searches. Deems a refusal of entry to the director as a health risk.

Authorizes the director to forward complaints to the district attorney, or any government law enforcement agency, for prosecution. Authorizes the director to seek injunctions and contempt orders to enforce the act.

Establishes a sunset and review date of July 1, 2010.

Appropriates $120,550 to implement the act.

VETOED by Governor May 26, 2006

H.B. 06-1048 Unauthorized practice of profession or occupation - penalties - grounds for discipline - payment of costs for administrative proceedings. Makes the unauthorized practice of the following occupations or professions a class 2 misdemeanor for the first offense and a class 6 felony for a second or subsequent offense:

● Public accounting;

● Architecture;

● Audiology services;

● Hearing device sales;

● Barbering, hairstyling, esthetics, manicuring, or cosmetology;

● Live boxing or kickboxing;

● Pharmacy;

● Electrician;

● Professional engineering;

● Professional land surveying;

● Acupuncture;

● Podiatry;

● Chiropractic;

● Dentistry or dental hygiene;

● Physician assistant;

● Practice of medicine;

● Direct-entry midwifery;

● Practical or professional nursing;

● Nursing aide practice or medication administration;

● Nursing home administrator;

● Optometry;

● Physical therapy;

● Respiratory therapy;

● Psychiatric technician;

● Social worker, marriage and family therapist, professional counselor, or psychologist;

● Psychotherapy;

● Outfitter;

● Residential, journeyman, master, or apprentice plumber; and

● Veterinary medicine.

Decriminalizes the violation of any provision of the practice act for public accounting, boxing and kickboxing, pharmacy, professional engineering, professional land surveying, podiatry, chiropractic, dentistry or dental hygiene, the practice of medicine, and optometry.

Eliminates the requirement that 3 types of professional licensees pay the costs incurred in bringing and conducting an administrative proceeding when the licensee is found to have violated the practice act for the profession or occupation. Specifies that fines collected by the passenger tramway safety board be deposited in the general fund of the state.

APPROVED by Governor March 27, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1069 Corporate practice of podiatry - exemption for podiatrists practicing in health care industry. Permits employment of a podiatrist 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 HMO, accredited educational entity, or other entity wholly owned and operated by any governmental unit or agency so long as:

● The employment relationship does not affect the podiatrist's ability to exercise independent judgment;

● The podiatrist's independent judgment is in fact unaffected;

● The policies of the employing entity contain a complaint procedure for podiatrists alleging a violation of this act;

● The podiatrist is not required to exclusively refer a patient to a particular provider or supplier; and

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

Applies the same provisions to professional service corporations, limited liability companies, and registered limited liability partnerships formed for the practice of podiatry.

APPROVED by Governor March 27, 2006
EFFECTIVE March 27, 2006

H.B. 06-1086 Games of chance - bingo and raffles - licenses - reports - prizes - authority of secretary of state - appropriation. Defines "equipment" to include electronic devices used as aids in the game of bingo. Gives the secretary of state's office, hereinafter referred to as the "licensing authority", administrative authority to specify the maximum value, not less than $1,000, of prizes that may be awarded in promotional drawings at events to which admission is limited to ticket holders. Allows such drawings to be conducted by licensees other than landlord licensees.

Gives the licensing authority 45 days in which to act on a license application before the application is deemed approved. Starts the 45-day period on the day when all necessary information has been supplied so that the application is complete. Preserves the licensing authority's ability to later challenge the validity of the application on legal or constitutional grounds even if it was approved by default after 45 days.

Requires the acceptance of electronic filings as soon as possible after July 1, 2006. Allows the licensing authority to require certain organizations to file reports and other documents electronically. Creates an implied affirmation by a person who causes the electronic filing of a document that the document is the act and deed of the person, or of the organization that the person represents, and that the facts stated in the document are true. Directs the licensing authority to recover the cost of administering the electronic filing system through a temporary fee increase or surcharge for the first 5 years of operation of the system.

Where a license is revoked due to violation of the bingo and raffles law, increases the mandatory period of ineligibility for a new license from 12 months to 5 years.

Eliminates the requirement that copies of all complaints be forwarded to the bingo-raffle advisory board.

Requires games managers to be at least 18 years of age.

If the location of games is to be changed from the licensee's address as shown on its license, requires prior, written notice to the licensing authority.

Requires a licensee to designate one or more games managers to maintain and secure the books, records, and equipment for each game.

Allows the awarding of consolation prizes and secondary jackpots in progressive bingo games. Gives the licensing authority administrative authority to specify the method of play and the amount and type of prizes awarded in progressive bingo and progressive pull tab (raffle) games. Requires the maximum jackpot specified in such rules to be at least $15,000.

Prohibits a person from acting as a caller or assistant caller in a bingo game if the person has previously been convicted of a crime involving gambling.

Allows bingo results to be determined and verified by reference to an electronic device. Authorizes the licensing authority to establish the maximum number of bingo cards that a player may use with the aid of such device, so long as the maximum is at least 36.

In place of current provisions detailing the acceptable forms of checks and withdrawal slips, requires licensees to use generally accepted accounting principles and contemplates the use of electronic transactions. Adds advertising and legal services to the bona fide expenses that a bingo-raffle licensee may pay out of game proceeds.

Prohibits a landlord licensee, manufacturer licensee, or supplier licensee or such licensee's employees from providing accounting or bookkeeping services for a bingo-raffle licensee except in connection with data transfers required by a change in software.

Allows the licensing authority to adopt rules requiring internal financial controls.

Appropriates $265,557 to the department of state for the implementation of the act.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

H.B. 06-1120 Alcohol beverages - wine - direct shipment - personal consumers - restrictions. Permits the sale and direct shipment of wine produced in-state or out-of-state to personal consumers in Colorado or outside of Colorado under certain conditions. Requires that wineries obtain winery direct shippers' permits from the state licensing authority, that shipments only be made to individuals allowed to purchase and consume alcohol beverages under Colorado law, and that applicable Colorado excise taxes be collected on such sales.

Makes the act applicable to the sale and direct shipment of wine on and after July 1, 2006.

APPROVED by Governor April 13, 2006
EFFECTIVE July 1, 2006

H.B. 06-1127 Athletic trainers - licensing requirements - discipline - mental and physical examinations - unauthorized practice - penalties - rules - advisory committee - professional liability insurance required - repeal of the regulation of athletic trainers under sunset law - appropriation. Creates the "Athletic Trainer Practice Act" (act). Requires an athletic trainer to obtain and possess a valid license issued by the Colorado state board of medical examiners (board) before engaging in the practice of athletic training or representing himself or herself as an athletic trainer. Specifies the criteria for licensure. Allows the board to issue a temporary permit to an applicant whose application presents prima facie evidence of compliance with the licensure criteria.

Establishes a maximum period for which an athletic trainer license can be valid and requires renewal of the license in accordance with a schedule developed by the board. Establishes a procedure and time limit for an athletic trainer to reinstate an expired license. Allows the board to set fees for the issuance of a new, renewed, or reinstated license.

Establishes exceptions to the applicability of the act to specified persons. Sets forth grounds for disciplinary actions by the board and the types of disciplinary actions that may be taken, including issuance of a letter of admonition, denial, refusal to renew, suspension, or revocation of a license, placement of a licensee on probation, or imposition of a fine. Specifies the procedure for investigating and disciplining a licensee and for judicial review of a disciplinary action by the board.

Allows the board under certain circumstances to order a licensee to undergo a mental or physical examination to determine whether the licensee can practice athletic training with reasonable skill and safety. Sets forth conduct or actions that constitute a violation of the act and the criminal penalties for such conduct or actions. Allows the board to also assess a fine for a violation of the act. Permits the board to pursue injunctive relief to enjoin a licensee from committing certain violations of the act.

Specifies the powers and duties of the board. Authorizes the board to promulgate rules to administer the act. Requires the board to appoint an advisory committee to assist in the performance of its duties. Requires athletic trainers to carry professional liability insurance.

Repeals the advisory committee and the regulation of athletic trainers on July 1, 2016, pursuant to the provisions of sunset law.

Appropriates $34,158 from the division of registrations cash fund to the department of regulatory agencies, for allocation to the executive director's office for legal services. Appropriates $110,110 from the division of registrations cash fund and 1.2 FTE to the department of regulatory agencies for allocation to the division of registrations for the implementation of the act.

VETOED by Governor May 26, 2006

H.B. 06-1141 Real estate closings - title insurance - real estate brokers - affiliated business arrangements. Authorizes affiliated business arrangements between real estate settlement service producers or providers and title insurance companies, title insurance agents, or real estate brokers if the person referring business to the affiliated business arrangement received payment only in the form of a return on an investment and does not violate existing prohibitions on such entities. Prohibits title insurance companies, title insurance agents, and real estate brokers from requiring the use of an affiliated business arrangement or any particular settlement producer or provider as a condition of obtaining a settlement service. Specifies that a violation of the restrictions on affiliated business arrangements is an unfair method of competition and an unfair or deceptive act or practice.

Requires the disclosure of an affiliated business arrangement to the consumer in accordance with the federal "Real Estate Settlement Procedures Act". Requires title insurance companies, title insurance agents, and real estate brokers to disclose the existence of their affiliated business arrangements to the division of insurance or division of real estate in connection with an application for a new or renewed license.

Authorizes the commissioner of insurance and the real estate commission to promulgate rules to regulate affiliated business arrangements. Specifies that the commissioner of insurance and the real estate commission must consult with one another in the promulgation of these rules. Requires such rules to be at least as stringent as those promulgated pursuant to the federal "Real Estate Settlement Procedures Act". Authorizes the divisions of insurance and real estate to share information derived from investigations of affiliated business arrangements.

APPROVED by Governor March 31, 2006
EFFECTIVE July 1, 2006

H.B. 06-1161 Mortgage brokers - registration - repeal under sunset law. Creates the "Mortgage Broker Registration Act" (act).

Requires a mortgage broker to register every 3 years with the director of the division of real estate (director). Requires an applicant for registration to undergo a criminal background check, disclose relevant administrative discipline taken against the applicant, and post a bond of $25,000. Exempts the following:

● Employees of a governmental entity;

● The owner of real property who offers credit secured by the property;

● A bank, savings and loan association, or credit union;

● An attorney in the course of practice;

● A federal housing administration approved mortgagee or an appointed federal housing administration correspondent;

● A person who funds a loan originated by a registered broker; and

● An underwriter.

Authorizes the director to investigate and to deny the registration of or discipline a registrant who has:

● Filed an application containing material misstatements;

● Been convicted within the last 5 years of a crime concerning fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty;

● Had a license, registration, or certification related to real estate, insurance, law, or investments revoked or suspended; or

● Failed to maintain the required bond.

Authorizes the director or an administrative law judge to conduct disciplinary hearings, administer oaths, take affirmations of witnesses, and issue subpoenas. Authorizes the district court to issue an order compelling compliance with a subpoena or process. Allows the director to issue a cease and desist order. Sets standards for orders and hearings.

Requires the director to keep records of registrants and disciplinary proceedings and open them to public inspection. Instructs the director to maintain a system, such as a hotline or web site, that gives consumers a reasonably easy method for making complaints about a mortgage broker

Grants witnesses and persons filing complaints legal immunity if they act in good faith.

Allows the director to set and impose fees for registration that offset the direct and indirect costs of administering the act. Creates the mortgage broker cash fund, subject to appropriation, to administer the act. Clarifies that the fees in the fund shall only be used to administer the act and shall not revert to the general fund.

Grants the attorney general and district attorneys jurisdiction to prosecute suspected criminal violations of the act.

Declares brokering a mortgage or practicing as a mortgage broker without a registration a class 1 misdemeanor. Authorizes the director to forward information of suspected law violations to the attorney general, a district attorney, or a state or federal law enforcement agency. Authorizes injunctive actions to restrain violations.

Directs the director to make a report to the general assembly.

Repeals the requirement for the registration of mortgage brokers on July 1, 2011, pursuant to the provisions of sunset law.

APPROVED by Governor June 2, 2006
EFFECTIVE July 1, 2006

H.B. 06-1180 Dental advisory committee - children's dental assistance and fluoridation program - repeal of functions. Repeals the dental advisory committee that was authorized as part of the "Colorado Dental Program Act of 1997" to advise and assist the department of public health and environment in the administration of the children's dental assistance and fluoridation program, effective July 1, 2006, pursuant to the provisions of the sunset law.

APPROVED by Governor March 17, 2006
EFFECTIVE July 1, 2006

H.B. 06-1183 Land surveyors - monuments - establishment - restoration - evidence - liability limitation. Requires a land surveyor to describe the evidence used to restore a monument or the procedure and evidence used to establish a monument. Limits the liability of a land surveyor when specified information is provided within 90 days after completion of a survey.

APPROVED by Governor April 5, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1196 Architects - licensure - state board of licensure for architects, professional engineers, and professional land surveyors - continuation of regulation of architects under sunset law. Combines the state board of examiners of architects with the state board of licensure for professional engineers and professional land surveyors. Names the newly combined board the state board of licensure for architects, professional engineers, and professional land surveyors ("the board"). Moves and recodifies the statutes governing architecture. Harmonizes the board's procedures concerning architecture with the procedures governing the other professions regulated by the board. Repeals a provision that requires an investigation of engineers or surveyors to be kept confidential until administrative action is taken.

Clarifies that the board may issue a cease-and-desist order to a person practicing architecture without a license. Clarifies what constitutes a record set of drawings and the proper use of an architect's stamp on such drawings.

Replaces a requirement that an entity's organizational documents contain a provision accepting professional liability with a simple imposition of such liability. Clarifies that a majority of natural persons must be architects in an architectural firm. Clarifies that the majority must be licensed architects or architects who would qualify for a license by endorsement. Repeals the prohibition against using the name of a departed partner in the name of a firm. Replaces a requirement that architects notify the board of legal or arbitration proceedings with a requirement that licensees notify the board of any legal judgments or settlements. Requires that a crime that triggers discipline must be related to the practice of architecture.

Repeals a requirement that the board provide annual notification of changes in the board's rules and licensing requirements. Removes a specific reference in the statutes to the national council of architectural registration boards.

Extends professional immunity for disaster assistance to professional land surveyors.

Extends the automatic termination date of the regulation of architects to July 1, 2013, pursuant to the provisions of sunset law.

APPROVED by Governor May 1, 2006
EFFECTIVE July 1, 2006

H.B. 06-1201 Limited gaming - revenue allocations - tourism, arts, film, job creation - appropriations. For the 2005-06 fiscal year and future fiscal years, reduces the amount of limited gaming funds that are allocated to the general fund and sets the amount of limited gaming funds that are allocated to the following funds in the following amounts: The Colorado travel and tourism promotion fund, $19 million; the newly-created state council on the arts cash fund, $1.5 million; the newly-created film incentives cash fund, $500 thousand; and the newly-created new jobs incentives cash fund, $3 million. Requires the state treasurer to increase the allocation to the general fund and reduce the new allocations pro rata in any fiscal year in which the revenue forecast indicates that general fund revenues for that year will be insufficient to allow the maximum amount of general fund appropriations permitted by law to be made for the fiscal year. Of the 50% share of gaming fund revenues that are transferred to the general fund, transfers 13% to the local government limited gaming impact fund.

For the implementation of the act, appropriates:

● $18,854,587 and 3.0 FTE to the office of the governor, for allocation to Colorado promotion - other program costs in the economic development programs division;

● $1,500,000 and 2.0 FTE to the state council on the arts; and

● $3,500,000 to the office of the governor, for allocation to the Colorado economic development commission in the office of economic development.

Makes the effectiveness of certain provisions of this act contingent upon House Bills 06-1017, 06-1362, and 06-1384 becoming or not becoming law.

APPROVED by Governor June 5, 2006
EFFECTIVE June 5, 2006
NOTE: House Bills 06-1017, 06-1362, and 06-1384 were signed by the governor June 5, 2006.

H.B. 06-1212 Pharmacists - emergency contraception - authority to prescribe. Authorizes a pharmacist to prescribe emergency contraception. Defines "emergency contraception"as any drug that prevents pregnancy after sexual intercourse, with specified exceptions.

VETOED by Governor April 13, 2006

H.B. 06-1243 Chiropractors - professional liability insurance. Requires professional liability insurance to cover all acts within the scope of chiropractic practice. Specifies that professional liability coverage shall cover acupuncture and electrotherapy only if the licensee is authorized to perform such acts. Allows the state board of chiropractic examiners to impose a fine not to exceed $10,000 on a licensed chiropractor in lieu of suspending a license.

APPROVED by Governor March 31, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1264 Professions and occupations regulated by the division of registrations - consistent disciplinary provisions. Makes the disciplinary procedures consistent for persons registered, certified, or licensed by the division of registrations (division) within the department of regulatory agencies. Specifically:

● Grants authority to the governing board or to the director of the division to issue a cease and desist order to a registrant, certificate holder, or licensee based on credible evidence presented in a written complaint that the person is acting in a manner that is an imminent threat to the health and safety of the public; is acting without the proper registration, certificate, or license; or has violated any applicable law or rule.

● Allows the governing board or director to issue an order to show cause as to why a final cease and desist order should not be issued.

● Requires notification to the person against whom an order to show cause has been issued to be notified by mail, in person, by electronic transmission, or as may be practicable.

● Allows a person against whom an order to show cause has been issued the right to a hearing on the matter.

● Allows the governing board or director to issue a final cease and desist order if a person does not attend the hearing or if the board or director reasonably finds that a person has acted without the proper registration, certificate, or license.

● Makes the cease and desist order final for the purposes of judicial review.

● Allows the governing board or director to enter into a stipulation with a person who, based on credible evidence presented to the board or director, has or is about to engage in an act or practice that is a violation of the laws or rules of the division.

● Allows the governing board or director to request the attorney general or the district attorney to bring about action for a temporary restraining order against a person who does not comply with a cease and desist order or a stipulation.

● Allows a person who is aggrieved by a cease and desist order to seek judicial action.

Applies the disciplinary procedures to the following occupations and professions: Accountants; architects; audiologists and hearing aid providers; barbers, cosmetologists, estheticians, and manicurists; persons licensed or regulated by the "Colorado Professional Boxing Safety Act"; pharmacists and pharmaceuticals; electricians; engineers and land surveyors; acupuncturists; podiatrists; chiropractors; dentists and dental hygienists; physicians and physician assistants; nurses; midwives; nurse aides; nursing home administrators; optometrists; physical therapists; respiratory therapists; mental health professionals; outfitters; plumbers; and veterinarians.

Repeals the requirement that the executive officer for the state board of nursing be a professional nurse. Changes the title from executive officer to executive administrator and authorizes the director of the division of registrations to appoint a person to the position.

Applies to acts or omissions on or after July 1, 2006.

APPROVED by Governor May 1, 2006
EFFECTIVE July 1, 2006

H.B. 06-1318 Marriage and family therapists - clinical practice hours required. Changes the number of hours an applicant for a marriage and family therapist license shall complete in clinical practice prior to receiving a license from 1,000 hours to 1,500 hours as determined by the state board of marriage and family therapist examiners.

APPROVED by Governor April 18, 2006
EFFECTIVE January 1, 2007

H.B. 06-1319 Real estate appraisers - renewals. Requires that registrations, licenses, or certificates expire pursuant to a schedule established by the director of the division of real estate.

APPROVED by Governor March 17, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1331 Landscape architects - licensing - examinations - discipline - review under sunset law - appropriations. Creates the "Landscape Architects Professional Licensing Act" (act). Requires a person to obtain a license to practice landscape architecture in Colorado, beginning January 1, 2007. Defines the practice of landscape architecture.

Expands the existing state board of licensure for architects, professional engineers, and professional land surveyors (board) to include licensed landscape architects. Grants the board additional powers and duties to regulate landscape architects.

Establishes education and experience criteria that applicants must satisfy in order to obtain a license as a landscape architect.

Directs the board to issue licenses in the following manner:

● Licensure by examination, in which a license is issued to an applicant who passes an examination administered by the board;

● Licensure by endorsement, in which a license is issued to persons who hold an equivalent license in another jurisdiction; and

● Licensure by prior practice, in which a license is issued to persons who practiced landscape architecture for a specified period before July 1, 2006.

Authorizes the board to discipline a licensee or applicant for the following:

● Fraud or a misstatement of fact made in attempting to procure a license;

● Acts or omissions that fail to meet generally accepted standards for the practice of landscape architecture and that endanger life, health, property, or the public welfare;

● Mental incompetence;

● Fraud or deceit in the practice of landscape architecture;

● Misleading another into believing a document was written or prepared by a licensed landscape architect;

● Violating or aiding in a violation of the act or a rule or order of the board;

● Conviction of a felony that concerns the practice of landscape architecture;

● Use of false, deceptive, or misleading advertising;

● Habitual or excessive use or abuse of drugs or alcohol that renders the person unfit to practice landscape architecture;

● Failure to report to the board a landscape architect known to have violated the act or any board order or rule;

● Offering a substantial gift to influence the use of a specific landscape architect;

● Failure of a licensee to exercise adequate professional supervision over persons practicing landscape architecture under his or her supervision;

● Performing services beyond one's competency, training, or education;

● Selling or fraudulently obtaining or procuring a license; or

● Purporting to be licenced, or using the title of licensed landscape architect, when not licensed.

Requires the board to conduct disciplinary hearings in accordance with the "State Administrative Procedure Act". Authorizes the board, when disciplining a licensee, to revoke or suspend a license, place a licensee on probation, set conditions on a license, issue a letter of admonition, or require education. Allows the recipient of a letter of admonition to request an adjudication of the issue if the letter is issued without a hearing.

Authorizes the board to impose a fine, not to exceed $5,000, for violations and to issue a cease-and-desist order or seek injunctive relief against any person who violates or threatens to violate any provision of the act.

Punishes the unlicensed practice of landscape architecture as a class 2 misdemeanor for a first offense and as a class 6 felony for a second or subsequent offense.

Requires a licensed landscape architect to have a stamp that bears the name, date of licensing, and license number of the landscape architect, with the legend "Colorado - Licensed Landscape Architect". Sets forth criteria for maintaining the records and documents of a landscape architect.

Exempts architects, professional engineers, residential landscape designers, irrigation system designers, and landscape installation and construction workers and contractors from the act.

Clarifies that the act does not limit a municipality's or county's authority to promulgate codes necessary for the protection of their residents, limit or extend the rights of another profession or craft, or prohibit the practice of landscape architecture by an employee of the U.S. government while acting in an official capacity. Specifies that the act does not authorize a landscape architect to engage in the practice of architecture, engineering, or land surveying.

Repeals the act and the board, effective July 1, 2013, subject to review under the sunset law.

Appropriates $26,425 to the department of regulatory agencies, executive director's office; $115,018 to the department of regulatory agencies, division of registrations; and $26,425 to the department of law, for the implementation of this act.

VETOED by Governor May 26, 2006

H.B. 06-1388 Motor vehicle dealers - violations - executive director of department of revenue - rules. Authorizes the executive director of the department of revenue to promulgate rules to facilitate the administration of actions or proceedings brought before the executive director by licensees under the motor vehicle dealer law, including provisions for an investigation of an alleged violation; a hearing regarding the alleged violation; issuance of an order, including a cease and desist order; and the imposition of a fine. Authorizes the expenditure of moneys from the auto dealers license fund to pay for the administration of such actions and proceedings.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

H.B. 06-1409 Racing - greyhound racing - simulcast facilities - tracks. Authorizes a greyhound race facility to simulcast races in any week in which 5 days of races are conducted in Colorado by one or more licensees. In the definition of simulcast facility, creates a "grandfather" provision for race tracks that were operating in 2003 if 5 days of races are conducted in Colorado by one or more licensees, and allows such a "grandfathered" facility to operate one additional facility. Credits Thanksgiving day and Christmas day toward the 5-day minimum.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006