S.B. 07-24 Athletic trainers - licenses - fees - discipline - advisory committee - rules - appropriation. Creates the "Athletic Trainer Practice Act" (act). Requires an athletic trainer to obtain and possess a valid license issued by the director of the division of registrations in the department of regulatory agencies (director) before engaging in the practice of athletic training or representing himself or herself as an athletic trainer. Specifies the criteria for licensure. Authorizes the director to establish a schedule of renewal dates, and requires renewal of the license in accordance with that schedule. Allows the director 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 director 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 issuance of a cease and desist order. Specifies the procedure for investigating and disciplining a licensee and for judicial review of a disciplinary action by the director.
Allows the director 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.
Requires the director to appoint an advisory committee to assist in the performance of his or her duties, including the adoption of rules necessary for the administration of the act.
Sunsets the advisory committee and the regulation of athletic trainers on July 1, 2017.
For the implementation of the act, appropriates $35,918 to the department of regulatory agencies, executive director's office; $128,433 and 1.2 FTE to the department of regulatory agencies, division of registrations; and $35,918 to the department of law.
Makes the act effective July 1, 2007, and applicable to the practice of athletic training on or after said date.
VETOED by Governor June 4, 2007
S.B. 07-84 Registered interior designers - database - registration requirements - sunset review. Requires the state board of licensure for architects, professional engineers, and professional land surveyors (board) to maintain a data base of registered interior designers in this state. Authorizes the board to charge a fee for recording information in the data base. Makes the data base open to public inspection at all times. Subjects the provisions of the act to review under the sunset law and terminates the program, effective July 1, 2013.
On and after January 1, 2008, requires registered interior designers to record certain information in the data base and to update such information at least annually. Requires registered interior designers that practice interior design as part of an entity to have in force a policy of professional liability insurance that complies with the current legal requirements for professional liability insurance for architects. Clarifies existing law that prohibits interior designers, whether or not registered under this act, from being engaged in construction alterations that affect the life safety of the occupants of a building.
Establishes criteria under which the board may deny, suspend, revoke, or refuse to renew the registration of a registered interior designer. Establishes procedures for the imposition of such disciplinary actions. Authorizes the board to promulgate administrative rules.
Specifies that only a person included in the data base created under this act may use the term "registered interior designer". Makes violations of this act a class 2 misdemeanor with second or subsequent offenses a class 6 felony.
Appropriates $6,099 from the division of registrations cash fund to the office of the executive director of the department of regulatory agencies for legal services connected with the implementation of the act and makes a parallel appropriation out of such funds to the department of law for purposes of implementing the act. Further appropriates $67,285 and 1.3 FTE from the division of registrations cash fund to the division of registrations for the implementation of the act.
Applies the act to persons acting as registered interior designers on or after the effective date of the act.
VETOED by Governor June 1, 2007
S.B. 07-85 Mortgage brokers - real estate appraisals - improper influence - appropriation. Prohibits a mortgage broker from improperly influencing a real estate appraisal and makes such improper influencing a deceptive trade practice. Specifies criminal penalties for such misconduct. Authorizes the director of the division of registrations in the department of regulatory agencies to promulgate rules and to revoke a mortgage broker's registration when the broker has improperly influenced a real estate appraisal or has, in the previous 5 years, been enjoined by a court in any state from brokering a mortgage.
Authorizes public trustees to rerecord a notice of election and demand and proceed with foreclosure proceedings after missing a notice deadline. Authorizes public trustees to correct errors contained in documents prepared by the public trustee by filing a scrivener's error affidavit. Exempts reverse mortgages from mortgage brokers' and mortgage originators' duty to consider a consumer's ability to repay a mortgage.
Appropriates $56,696 and 0.3 FTE to the department of regulatory agencies for the implementation of the act.
Makes certain provisions contingent on the passage of Senate Bill 07-216.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
NOTE: Senate Bill 07-216 was signed by the governor June1, 2007.
S.B. 07-107 Landscape architects - licenses - fees - discipline - exemptions - state board of landscape architects - appropriation. Creates the "Landscape Architects Professional Licensing Act" (act). Requires a person to obtain a license to practice landscape architecture in Colorado on and after January 1, 2008. Creates the Colorado state board of landscape architects (board), consisting of 5 members, 3 of whom must be landscape architects. Makes board members, board staff, board consultants, and witnesses testifying in proceedings before the board immune from liability while acting in good faith in such capacity. Establishes the powers and duties of the board.
Establishes education and experience criteria that an applicant 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 a person who holds an equivalent license in another jurisdiction; and
● Licensure by prior practice, in which a license is issued to a person who practiced landscape architecture for a specified period before January 1, 2008.
Specifies the grounds upon which the board may impose disciplinary action against a landscape architect. Requires the board to conduct disciplinary hearings in accordance with the "State Administrative Procedure Act". Authorizes the board, when disciplining a licensee, to deny, refuse to renew, revoke, or suspend a license; place a licensee on probation; set conditions on a license; issue a letter of admonition; or require education. In addition to or in lieu of other penalties, authorizes the board to impose a fine, not to exceed $5,000, for violations of the act or rules of the board. Allows the board to issue a confidential letter of concern under certain circumstances. Establishes penalties for the unauthorized practice of landscape architecture.
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, professional land surveyors, 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 its residents, limit or extend the rights of another profession or craft, or prohibit the practice of landscape architecture by an employee of the United States 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, effective July 1, 2017, in accordance with the sunset law.
For the implementation of the act, appropriates $29,141 to the department of regulatory agencies, executive director's office; $143,695 and 1.6 FTE to the department of regulatory agencies, division of registrations; and $29,141 to the department of law.
APPROVED by Governor May 30, 2007
EFFECTIVE August 3, 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. 07-112 Motor vehicle dealers - lenders. Exempts lenders who sell leased, repossessed, and foreclosed vehicles from the motor vehicle licensing requirements.
APPROVED by Governor April 19, 2007
EFFECTIVE April 19, 2007
S.B. 07-119 Racing commission - division of racing events. Extends the automatic termination date of the Colorado racing commission and the Colorado division of racing events to July 1, 2016, pursuant to the provisions of the sunset law.
APPROVED by Governor May 25, 2007
EFFECTIVE July 1, 2007
S.B. 07-137 Plumbers - license fees - registration fees - apprentice plumbers - violations - fines - appropriation. Requires the examining board of plumbers (board) to set and collect fees for application and renewal of a license or registration of a master plumber, 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. Authorizes a master plumber to be responsible for only one plumbing contractor at a time.
Authorizes the board to deny, suspend, revoke, or refuse to renew a license or a registration if the licensee or registrant, in connection with any construction or building project requiring the services of any person regulated by the statutes governing plumbers, willfully disregards or violates:
● 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.
Credits one-half of any fine imposed by the board to the general fund and one-half to the city, town, county, or city and county in which the offense occurred.
Appropriates $28,463 to the department of regulatory agencies for allocation to the executive director's office for the implementation of the act. Appropriates $130,956 and 0.7 FTE to the department of regulatory agencies for allocation to the division of registrations for implementation of the act.
APPROVED by Governor May 17, 2007
EFFECTIVE January 1, 2008
S.B. 07-149 Liquor licensing - local government - fees. Raises the cap on the application fees that are charged by a local government to issue liquor licenses and permits:
● For a new license, from $500 to $1,000, phased in until 2010;
● For a transfer of location or ownership, from $500 to $750, phased in until 2008;
● For a renewal of license, from $50 to $100, phased in until 2008; and
● Special permit fee, from $25 to $100.
APPROVED by Governor April 20, 2007
EFFECTIVE August 3, 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. 07-152 Dentists - dental hygienists - volunteer services. Authorizes a dentist or dental hygienist who holds a license in good standing from another state to practice dentistry or dental hygiene while such dentist or dental hygienist is providing care as a volunteer at the invitation of any group of licensed dentists or dental hygienists in this state. Protects a dentist or dental hygienist practicing in such volunteer capacity from civil liability under the Colorado "Volunteer Service Act".
APPROVED by Governor May 3, 2007
EFFECTIVE August 3, 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. 07-187 Veterinary practice - academic veterinarians - licensing - state board of veterinary medicine - consulting division of registrations - veterinary records - release to law enforcement authorities - duty of veterinarian to report animal cruelty and animal fighting - veterinary-patient-client privilege - appropriation. Brings academic veterinarians under the jurisdiction of the state board of veterinary medicine ("board") for licensing purposes. Creates an academic license to practice veterinary medicine. Allows an academic license to be held by a veterinarian who is employed by a school of veterinary medicine and who practices veterinary medicine only while performing official duties.
Requires the board to consult with the director of the division of registrations in the department of regulatory agencies ("division") concerning rules that the director intends to adopt with regard to physical therapy of animals.
Requires copies of veterinary records to be furnished to local law enforcement authorities and the bureau of animal protection concerning an investigation of animal cruelty or animal fighting. Requires veterinarians under certain circumstances to report animal cruelty and animal fighting to local law enforcement authorities and the bureau of animal protection. Makes it a class 1 petty offense to violate willfully the reporting requirement or to make knowingly a false report. Confers immunity from civil and criminal liability upon a veterinarian who makes a report in good faith. Specifies that the veterinary-patient-client privilege may not be asserted under certain circumstances.
Makes an appropriation of five thousand five hundred dollars ($5,500) from the division of registrations cash fund to the division.
Makes certain provisions contingent on the passage of House Bill 07-1126.
APPROVED by Governor May 31, 2007
PORTIONS EFFECTIVE May 31, 2007
PORTIONS EFFECTIVE January 1, 2008 NOTE: House Bill 07-1126 was signed by the Governor April 16, 2007.
S.B. 07-203 Mortgage brokers - licensing - discipline - liability - rules - appropriations. Changes the regulatory framework for mortgage brokers from registration to licensing. Requires mortgage brokers to be bonded and to maintain errors and omissions insurance coverage. Establishes education and examination requirements for persons seeking licensure. Defines the grounds for denial, revocation, or suspension of a license. Eliminates the exemption for federal housing administration (FHA) approved mortgagees and appointed FHA correspondents.
Authorizes the director of the division of real estate (director) to adopt rules as necessary to carry out the director's duties under the statute. Defines the procedure for administrative hearings, including the issuance of subpoenas by the director or an administrative law judge. Allows the director to seek and obtain injunctions in a court of law, to issue letters of admonition, to place licensees on probation, to suspend or revoke licenses, and to assess administrative fines of up to $1,000 for a first offense and $2,000 for subsequent offenses. Establishes grounds for such actions.
Where a mortgage broker is employed by a brokerage firm, allows the director to discipline the firm for the employee's wrongful acts.
Requires draft copies of documents relating to a mortgage loan on residential real estate to be provided to the borrower at least one business day before closing.
Appropriates $363,164 and 1.8 FTE to the division of real estate and $245,648 and 2.8 FTE to the department of law for implementation of the act. Appropriates $379,064 to the department of public safety, Colorado bureau of investigation, from fingerprint processing fees for expenses related to criminal history record checks.
Applies the act to acts and omissions occurring, and mortgage broker licenses issued or renewed, on or after January 1, 2008.
APPROVED by Governor June 1, 2007
EFFECTIVE January 1, 2008
S.B. 07-204 Prescription drugs monitoring fund - report - fee - appropriation. Requires the state board of pharmacy to report annually to the health and human services committees of the senate and house of representatives regarding the gifts, grants, and donations requested and received. Allows the executive director of the department of regulatory agencies to collect a fee from individuals authorized to prescribe controlled substances, at the time the individual's license renewal fee is collected, in order to fund the prescription drug monitoring program if there are insufficient funds to maintain the program.
Appropriates $31,267 to the department of regulatory agencies for allocation to the division of regulations for the implementation of the act.
APPROVED by Governor May 22, 2007
EFFECTIVE May 22, 2007
S.B. 07-208 Audiologists - hearing aid providers - continuation under sunset law - regulation - definitions. Extends the automatic termination date of the regulation of audiologists and registered hearing aid providers by the division of registrations (division) within the department of regulatory agencies until July 1, 2012 pursuant to the provisions of the sunset law. Changes the requirement that audiologists and hearing aid providers register with the division to a requirement that they are licensed with the division. Defines the "practice of audiology". Deletes the requirement that hearing aid providers keep records of minor accessories provided to customers. Changes terminology to require that cerumen accumulation in the ear be significant prior to requiring a recommendation to consult a physician. Clarifies that a buyer of a hearing aid is entitled to cancel a purchase and receive a refund only if the hearing aid was not lost or significantly damaged beyond repair. Moves provisions regarding deceptive trade practices of hearing aid providers from the "Colorado Consumer Protection Act" to the article governing audiologists and hearing aid providers. Clarifies that the regulation of hearing aid providers shall not apply to the dispensing of hearing aids outside of the state so long as the transaction is in conformance with laws and rules of this state or of the jurisdiction where the transaction takes place.
APPROVED by Governor May 14, 2007
EFFECTIVE July 1, 2007
S.B. 07-213 Addiction treatment programs - continuation of licensing by department of human services under sunset law - scope of next sunset review - rules - fees. Continues the licensing of addiction treatment programs by the department of human services (department) under the "Colorado Licensing of Controlled Substances Act" (act) until July 1, 2014, and requires the next sunset review of such licensing to also consider whether this licensing should be combined with the licensing of any other drug and alcohol treatment programs by the department. Requires the department to update existing rules or adopt new rules for the implementation of the act by September 1, 2007, and to make the rules available on its web site. Increases the license fee for an addiction program from $25 to $75.
APPROVED by Governor May 22, 2007
EFFECTIVE July 1, 2007
S.B. 07-216 Mortgage brokers - duty to borrowers - marketing of nontraditional mortgages - unconscionable acts - remedies - appropriation. Creates a duty of good faith and fair dealing for mortgage brokers in their communications and transactions with borrowers, including the duty not to recommend or induce the borrower to enter into a transaction that does not have a reasonable, tangible net benefit to the borrower.
Specifically lists acts and practices that are deemed unconscionable when committed by mortgage brokers or mortgage originators. In regard to such acts and practices, waives the otherwise applicable requirement that there be evidence of bad faith overreaching or unequal bargaining power before a court may find an act or practice unconscionable.
Directs the banking board and the director of the division of real estate to adopt rules incorporating appropriate provisions of the "Interagency Guidance on Nontraditional Mortgage Product Risks" promulgated by the United States department of the treasury and other federal agencies.
Removes the existing $200 limit on mortgage broker registration fees.
Appropriates $392,242 and 1.5 FTE to the department of regulatory agencies, of which $48,456 is allocated for the purchase of legal services from the department of law, for the implementation of the act. Appropriates an additional $265,085 and 3.0 FTE to the department of law, consumer protection division, for the implementation of the act.
APPROVED by Governor June 1, 2007
EFFECTIVE July 1, 2007
S.B. 07-217 Prescription drug wholesalers - definitions - license requirements - criminal history record check - exemptions from pedigree requirement. Clarifies defined terms for the regulation of prescription drug wholesalers. Clarifies the licensing qualifications and requirements from which the state board of pharmacy may exempt a wholesaler. Clarifies that information required by the board shall be submitted at the time of license renewal on a form approved by the board. Requires the designated representative of the applicant, and not the applicant, to be subject to a criminal history record check. Includes unsaleable prescription drugs as those that may be returned to or exchanged with the manufacturer or third-party processor. Exempts the returns and exchanges from the pedigree requirement as long as they are excluded from federal pedigree requirements.
APPROVED by Governor May 25, 2007
EFFECTIVE August 3, 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. 07-221 Motor vehicle dealers. Continues the motor vehicle dealer board (board) until July 1, 2017.
Raises the motor vehicle dealer bond requirement to $50,000 and the motor vehicle salesperson bond requirement to $15,000.
Requires the board to appoint an administrative law judge to conduct licensing and discipline hearings concerning a motor vehicle dealer, used motor vehicle dealer, wholesaler, buyer's agent, or wholesale motor vehicle auction dealer, unless the board moves the case to itself. Instructs the board to use a hearing officer for such hearings concerning a salesperson. Authorizes the board to summarily suspend the license of a person who fails to maintain the required bond.
Clarifies what types of activities may be conducted in addition to selling vehicles on the dealer's primary place of business.
Authorizes the board to require a licensee to include a notice with a consumer sales contract that provides to the consumer the contact information of the board and information about the board's authority over consumer motor vehicle sales.
APPROVED by Governor May 31, 2007
EFFECTIVE July 1, 2007
H.B. 07-1009 Limited gaming revenues - restriction on transfer to other funds. Modifies the limitation on the transfer of limited gaming revenues to the Colorado travel and tourism promotion fund, the state council on the arts cash fund, the film incentives cash fund, and the new jobs incentives cash fund when general fund revenues are not sufficient to allow the maximum amount of general fund appropriations permitted by law, to allow the joint budget committee of the general assembly, acting by bill, to determine the amount of the transfers if, based on the March revenue forecast prepared by the legislative council, the joint budget committee determines that general fund revenues will be insufficient.
APPROVED by Governor April 9, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1017 Mental health professionals - licensure examination - preapproval - administration - reexamination. Removes the requirement that applicants for psychology, social work, marriage and family therapist, and licensed professional counselor licenses be preapproved by their respective boards in order to sit for a licensure examination. Makes consistent among all the mental health professions the requirement that a mental health board or a designated representative of the board administer and score the examination and ensure impartiality of the examination. Deletes the option of an applicant for licensure who fails to receive a passing grade on any part of an examination to apply for reexamination.
APPROVED by Governor March 21, 2007
EFFECTIVE July 1, 2007
H.B. 07-1034 Attorneys-at-law - law students - practice. Allows a law student of any law school that maintains a legal-aid dispensary, when representing the dispensary and its clients, to be authorized to advise clients on legal matters and appear before any arbitration panel as if licensed to practice law.
APPROVED by Governor March 2, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1042 Mental health state boards - staggered terms of office - membership. Modifies the terms of office of the existing members of the state boards of psychologist examiners, social work examiners, marriage and family therapist examiners, and licensed professional counselor examiners (state boards) to ensure staggered terms of office.
Eliminates the requirement that professional members of the state boards of psychologist examiners and social work examiners be engaged primarily in the direct practice of the profession in order to be eligible to serve on the applicable state board and instead requires 2 of the 3 professional members to be engaged in direct practice unless qualified applicants for membership on the applicable state board are not available.
For the state board of psychologist examiners, allows 1 of the 4 general public members to be a mental health consumer or a family member of a mental health consumer.
APPROVED by Governor March 21, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1047 Real estate - salesperson or broker - continuing education requirement. Adds certain educational institutions or educational services to the list of institutions from which approved continuing education credits may be taken by real estate agents.
APPROVED by Governor March 14, 2007
EFFECTIVE March 14, 2007
H.B. 07-1081 Powersports vehicles - licensure - termination under sunset law - sales - rules - appropriation. Requires a person to be licensed by the motor vehicle dealer board as a powersports dealer, salesperson, manufacturer, or distributor in order to sell off-highway vehicles, motorized bicycles, personal watercraft, or snowmobiles. Subjects such licensure to automatic termination pursuant to the provisions of sunset law.
Authorizes the motor vehicle dealer board to promulgate rules implementing the act, including rules implementing the American national standards institute safety standards for the sale of all-terrain vehicles.
Establishes substantially the same standards for the sale of a powersports vehicle as apply to the sale of a motor vehicle, including:
● Standards and testing for licensure;
● Fees for licensure;
● Expiration and renewal of a license;
● Display, form, custody and use of licenses;
● Bond requirements;
● Notice of claims honored against a bond;
● Filing of written warrantees;
● Notice of change of address of licensee;
● Principal place of business of licensee;
● Discipline standards and procedures;
● Unconscionable or illegal acts;
● Penalties for violating the act;
● Independent control of dealer;
● Franchise agreements;
● Dishonored drafts or checks;
● Right of action for loss; and
● Venue and choice of law for contract disputes.
Authorizes the attorney general to advise and represent the board.
Appropriates $94,882 and 2.0 FTE to the department of revenue for allocation to the motor vehicle dealer board to implement the act.
APPROVED by Governor June 1, 2007
EFFECTIVE July 1, 2007
H.B. 07-1102 Nurse peer health assistance program - nurse alternative to discipline program - competitive bidding - selection of administrator by state board of nursing - rules. Repeals and reenacts the nursing peer health assistance program with the following changes:
● Allows for the operation of a nursing peer health assistance program, a nurse alternative to discipline program, or both.
● Opens up the provision of services to competitive bidding and no longer requires the state board of nursing (board) to create the entity that provides such services;
● Omits from reenactment the committee that oversees the program;
● Omits from reenactment the standards for termination from the program;
● Omits from reenactment the requirement that participation records be confidential and not subject to subpoena;
● Omits from reenactment a provision granting good faith immunity to the board and persons who act pursuant to the program.
Transfers any remaining balance in the impaired professional diversion fund to the entity chosen to administer the program. Requires the board to select one or more entities to administer a program. Allows the board to suspend the license of a licensee who is referred to and fails to complete a program. Allows the licensee to appeal the suspension.
Makes the records of a licensee's rehabilitation proceedings confidential and exempt from subpoena unless the licensee is referred to the board for disciplinary action. Shields the board and its members from liability for actions in awarding contracts to operate a program or in designating licensees to participate in a program. Authorizes the board to promulgate rules necessary to implement the program.
APPROVED by Governor May 7, 2007
EFFECTIVE January 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1103 Alcohol beverages - wholesalers and suppliers - termination of agreements - grounds - remedies. Allows a supplier of malt beverages to terminate an agreement with a wholesaler if:
● The wholesaler fails to comply with the written agreement between the wholesaler and the supplier;
● The wholesaler receives written notice from the supplier of the alleged noncompliance and is given no less than 60 days to cure such noncompliance;
● The wholesaler fails to cure the noncompliance within 60 days; and
● The supplier provides further written notice of continued failure to comply with the agreement, and such notice contains a statement of the intention of the supplier to terminate the agreement, the reasons for such termination, and the date of termination.
Establishes reasons for which a supplier may immediately terminate an agreement with a wholesaler upon written notification of such termination.
Requires notification to the wholesaler if a particular brand of products is transferred from a supplier to a successor supplier.
Establishes remedies for wholesalers.
APPROVED by Governor March 26, 2007
EFFECTIVE March 26, 2007
H.B. 07-1126 Physical therapists - practice on animals - conditions - rules. Allows licensed physical therapists to treat animals when such treatment is consistent with the scope of physical therapy practice. Specifies that such practice shall not be deemed the practice of veterinary medicine. Requires the director of the division of registrations, in consultation with the physical therapy advisory committee and the board of veterinary medicine, to adopt rules governing the practice of physical therapy on animals.
APPROVED by Governor April 16, 2007
EFFECTIVE July 1, 2007
H.B. 07-1199 Health practitioners - volunteers - authorization to practice during emergency. Enacts the "Uniform Emergency Volunteer Health Practitioners Act", drafted by the national conference of commissioners on uniform state laws. Allows a health care practitioner who is licensed in another state to volunteer to provide assistance in this state for the duration of an emergency requiring substantial health care assistance if such other state has a registry listing for the volunteer that conforms to certain standards.
Designates the department of public health and environment as the lead implementing agency for Colorado. Gives the executive director of the department rule-making authority. Requires the executive director to consult with the department of agriculture with regard to rules affecting veterinary services.
APPROVED by Governor May 22, 2007
EFFECTIVE May 22, 2007
H.B. 07-1260 Nurses and chiropractors - change of review dates of governing boards under sunset law. Changes the sunset review dates for the state board of nursing and the Colorado state board of chiropractic examiners from 2010 to 2009.
APPROVED by Governor April 2, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1262 Plumbers - department of regulatory agencies - examining board of plumbers - rules. Eliminates the requirement that the executive director of the department of regulatory agencies approve rules promulgated by the examining board of plumbers.
APPROVED by Governor April 16, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1266 Anatomical gifts - donor registry - procurement organization - uniform act. Enacts the "Revised Uniform Anatomical Gift Act". Makes it easier to make a document of gift, particularly as provided on drivers' licenses. Creates a power in certain individuals, such as a holder of a health care power of attorney, to authorize an anatomical gift on behalf of an incapacitated person before death actually occurs.
Expands the list of those who may make an anatomical gift after an individual dies, when the individual has not executed a document of gift. Clarifies that an anatomical gift that does not specify the donees of organs goes to a recognized transplant organization responsible for allocating organs.
Accommodates the use of donor registries upon which a potential donor may put a document of gift for notice purposes. Facilitates a document of refusal if an individual does not want organs donated. Specifies criminal penalties for misrepresentation of a document of gift for the purposes of selling organs or tissue.
Resolves ambiguity and conflict between anatomical gifts and "do not resuscitate" instructions. Directs coroners, district attorneys, and the procurement organization to enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of a coroner has been or might be made but the coroner or a district attorney believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death or the documentation or preservation of evidence. Designates the department of revenue as the lead state agency regarding anatomical gifts.
APPROVED by Governor May 14, 2007
EFFECTIVE July 1, 2007
H.B. 07-1289 Prescription drug outlets - compounding - registration. Creates a new category of pharmacy registration to include a compounding prescription drug outlet (compounding pharmacy). Sets standards for registration of a compounding pharmacy. Authorizes a compounding pharmacy, a hospital pharmacy, and a health maintenance organization pharmacy to sell an unlimited amount of compounded drugs. Directs the state board of pharmacy to set standards for the operation of a compounding pharmacy.
APPROVED by Governor May 14, 2007
EFFECTIVE August 3, 2007
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1322 Mortgage brokers - duty to borrowers - prohibited acts - enforcement - appropriations. Adds definitions of the terms "borrower" and "residential mortgage loan" to the statutes governing mortgage brokers. Clarifies the application of the "Mortgage Broker Registration Act" to residential mortgage loans. Eliminates the exemption for federal housing administration (FHA)-approved mortgagees and appointed FHA correspondents.
Specifies that a mortgage broker has a duty of good faith and fair dealing in all communications and transactions with a borrower. Prohibits a mortgage broker from recommending or inducing the borrower to enter into a transaction that does not have a reasonable, tangible net benefit to the borrower, as defined by rules of the director of the division of real estate (director). Gives the director additional rule-making authority and the authority to assess administrative fines of up to $1,000 for a first offense and $2,000 for subsequent offenses.
Requires a mortgage broker to make an inquiry about, and to take into consideration, the borrower's current and prospective income and other factors prior to recommending, brokering, or originating a residential mortgage loan. Requires certain disclosures and prohibits the use of specified acts or practices, including those deemed unconscionable. Incorporates requirements of federal laws, including the "Real Estate Settlement Procedures Act". Establishes rules of conduct for situations in which a person acts as both a mortgage broker and a real estate broker or salesperson. Limits fees.
In provisions relating to false and deceptive inducements to the creation of a mortgage loan by a mortgage broker or mortgage originator, adds mortgage lenders, mortgage loan applicants, real estate appraisers, and closing agents to the persons to whom the prohibitions apply. Reduces the mental state required to be proven in an action for violation of anti-fraud provisions from "knowingly" to "knew or reasonably should have known".
Invokes the authority of the attorney general under the "Colorado Consumer Protection Act" to investigate and punish misconduct by mortgage brokers. Allows the attorney general to seek injunctions against persons violating anti-fraud provisions, prohibiting them from conducting further business for up to 5 years.
Appropriates $495,084 and 2.5 FTE to the division of regulatory agencies and $383,206 and 4.0 FTE to the department of law for implementation of the act. Appropriates $297,288 and 1.7 FTE to the department of public safety, Colorado bureau of investigation, from fingerprint processing fees for expenses related to criminal history record checks.
APPROVED by Governor June 1, 2007
EFFECTIVE June 1, 2007
H.B. 07-1331 Physicians - persons licensed or applying to practice medicine - public access to information - discipline records - license restrictions - criminal and civil actions - appropriation. Creates the "Michael Skolnik Medical Transparency Act" to require applicants for a new, renewed, reinstated, or reactivated license to practice medicine in Colorado to disclose the following information to the state board of medical examiners (board):
● Full name, current address of record, and telephone number; information pertaining to any medical license held by the applicant at any time, including license number, type, status, and issue, last renewal, and expiration date; any board certifications and specialties; any hospital and health care facility affiliations; any business ownership interests; and information pertaining to any employment contracts with any entities;
● Any public disciplinary action taken against the applicant by the board or by the board or licensing agency of any other state or country, including a copy of the action taken;
● Any agreement or stipulation entered into between the applicant and the board or the board or licensing agency of another state or country whereby the applicant agrees to temporarily cease or restrict his or her practice, or any board order restricting or suspending the applicant's medical license, including a copy of the agreement, stipulation, or order;
● Any involuntary limitation or probationary status on or reduction, nonrenewal, denial, revocation, or suspension of the applicant's medical staff membership or clinical privileges at any hospital or health care facility, reported on a form developed by the board;
● Any involuntary surrender of the applicant's United States drug enforcement administration registration, including a copy of the order requiring the surrender;
● Any final criminal conviction or plea arrangement resulting from the commission or alleged commission of a felony or crime of moral turpitude in any jurisdiction, including a copy of the final conviction or plea arrangement;
● Any final judgment against, settlement entered into by, or arbitration award paid on behalf of the applicant for medical malpractice, reported on a form developed by the board; and
● Any refusal by an issuer of medical malpractice insurance to issue a medical malpractice insurance policy to the applicant due to past claims experience, including a copy of the refusal.
Requires the board to make the information that is submitted by applicants readily available to the public and allows the board to comply with this requirement by posting the data on the board's website and updating such information at least monthly. Specifies the contents of a required disclosure to be made by the board to the public regarding the information made available to the public. Obligates licensees to update their information within 30 days after the date a described action occurs or as otherwise determined by the board by rule to ensure that the public has access to the most accurate and up-to-date information about licensees in Colorado. Allows the board to impose an administrative fine of up to $5,000 against an applicant who fails to comply with these disclosure requirements, and specifies that the imposition of such fine does not constitute, nor does it preclude the board from taking, disciplinary action against the applicant. Precludes the board from issuing, renewing, reinstating, or reactivating the license of an applicant who has failed to pay an administrative fine imposed by the board.
Appropriates $157,697 from the division of registrations cash fund to the division of registrations (division) in the department of regulatory agencies for the costs associated with the implementation of the act related to the regulation of persons licensed by the board. Also appropriates $5,422 from the division of registrations cash fund to the division for legal services, and further appropriates said sum to the department of law for the provision of legal services to the division.
APPROVED by Governor May 24, 2007
EFFECTIVE January 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning
the effective date, see page vi of this digest.
H.B. 07-1337 Commodity handlers - farm products - license - bond - disclosure of financial information. Allows a commodity handler to operate multiple locations under one license. Increases the amount of bonds the commissioner of agriculture may require for a person seeking licensure as a commodity handler. Allows the commissioner to request from a commodity handler information in addition to financial statements. Establishes settlement requirements for commodity handlers. Changes the term "warehouseman" to "warehouse operator".
APPROVED by Governor May 14, 2007
EFFECTIVE August 3, 2007
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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