S.B. 08-37 Environmental remediation - notice of environmental use restrictions. Authorizes the creation, modification, and termination of a notice of environmental use restrictions by the department of public health and environment for property that contains residual environmental contamination after completion of an environmental remediation project. Specifies notification requirements for, and the right to comment by, owners of interests in the land affected by the notice. Requires notices of environmental use restrictions, including modifications and terminations, to be recorded in the real estate records. Authorizes the use of a notice of environmental use restrictions in lieu of an environmental covenant.
Authorizes the solid and hazardous waste commission to set annual fees by rule for generators of hazardous waste and for facilities that treat, store, or dispose of hazardous waste. Specifies that the fees shall be set at a level that, when combined with an appropriate share of available federal grant moneys, will generate revenues approximating the actual reasonable program costs attributable to such facilities.
Allows professional services contracts for superfund remediation, brownfields redevelopment, and natural resource damage repair, replacement, or restoration to be encumbered within 18 months after the date on which the appropriation that includes the project for which the professional services are required becomes law. Deletes the repeal dates for the plastics and cathode ray tube recycling programs, the waste tire program, and the authority of the department of public health and environment to address imminent and substantial endangerment from solid wastes.
APPROVED by Governor March 24, 2008
EFFECTIVE March 24, 2008
S.B. 08-44 Colleges and universities - tuberculosis screening process - recommendations to general assembly. Allows each college and university in Colorado to create a tuberculosis screening process. Allows the department of public health and environment to attend and participate in meetings regarding the creation of a screening process. Requires colleges and universities that participate in the process to report recommendations to the health and human services committees of the general assembly.
APPROVED by Governor May 21, 2008
EFFECTIVE July 1, 2008
S.B. 08-55 Air pollution control - fee increase - appropriation. Increases fees for the registration of sources of ozone-depleting compounds, emissions of regulated and hazardous air pollutants, the filing of air pollutant emission notices, and significant users of prescribed fires.
Appropriates $737,929 and 5.0 FTE to the department of public health and environment for allocation to the division of administration for the implementation of the act.
APPROVED by Governor May 20, 2008
EFFECTIVE May 20, 2008
S.B. 08-58 Colorado Alzheimer's coordinating council - creation - duties - report. Creates the Colorado Alzheimer's coordinating council (council) to develop a Colorado state plan for Alzheimer's disease (state plan). Establishes the composition of the council and delineates the duties and responsibilities of the council, as well as the permissive activities of the council. Requires the council to submit a report that includes recommendations and the state plan to the governor, the health and human services committees of the senate and house of representatives, and the participating state departments.
Requires the president of the senate and the speaker of the house of representatives to designate a nonprofit or private organization to solicit, accept, and expend moneys for the council, to engage staff support for the council, and to prepare an operating budget for the council. Creates a cash fund to which the general assembly may appropriate moneys to help fund the council's operations. Repeals the council on July 1, 2012.
APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-63 Noise abatement - off-highway vehicles - snowmobiles. Effective July 1, 2010, replaces current off-highway vehicle and snowmobile sound standards with a statewide SAE international standard of:
● 99 db(A) for off-highway vehicles manufactured prior to 1998;
● 96 db(A) for off-highway vehicles manufactured in or after 1998;
● 90 db(A) for snowmobiles manufactured on or after July 1, 1972, but prior to July 2, 1975; and
● 88 db(A) for snowmobiles manufactured on or after July 2, 1975.
Exempts vehicles operated on closed-circuit race tracks, vehicles used in an emergency for search and rescue, vehicles used for agricultural purposes, and vehicles that have not been modified to increase sound levels. Provides for certain affirmative defenses to a violation of the act. Makes a violation of the act a petty offense punishable by a fine of up to $100. Requires the director of the division of parks and outdoor recreation to research certain information and report findings to the executive director of the department of natural resources and certain legislative committees regarding implementation and enforcement of the act.
APPROVED by Governor June 3, 2008
PORTIONS EFFECTIVE July 1, 2009
PORTIONS EFFECTIVE July 1, 2010
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-138 Physician designations by health care entities - full disclosure - appeals - violations. Creates the "Physician Designation Disclosure Act" to address the practice of health care entities (entities) making physician designations. Describes acceptable criteria for entities to use in making physician designations and requires a disclaimer to accompany any designation. Mandates that entities disclose all data and methodologies used in formulating designations if such information is requested by the designated physician or the commissioner of insurance. Requires written and timely notice of a change to an existing designation. Entitles physicians to appeal designations and describes the processes by which physicians may challenge designations.
Makes a violation of the act an unfair or deceptive trade practice under insurance laws. Authorizes private rights of action as an enforcement mechanism.
APPROVED by Governor June 3, 2008
EFFECTIVE September 1, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-153 Home care agencies - licensure - penalties - minimum standards - fees - cash fund created - application - inspection - criminal history record checks enforcement - rules - repeal - appropriation. Requires the department of public health and environment (department) to license home care agencies. Makes it unlawful for an unlicensed entity to operate a home care agency without meeting license application requirements and obtaining a license by specified dates. Creates penalties for entities that do not comply with the licensing requirements.
Requires the state board of health (state board) to promulgate rules that provide minimum standards for the operation of home care agencies. Requires the rules to include inspection requirements; educational, training, and experience standards and requirements that address the character of the applicants; authorized enforcement remedies; and written plans required to be submitted by the agencies to the department.
Creates a home care advisory committee to advise the department and the state board regarding the promulgation of rules and licensing issues. Creates a home care agency cash fund, to consist of fees and any civil penalties paid by agencies, to pay for the costs of the department to implement and maintain regulation of home care agencies.
Requires home care agencies to apply to the department for licensure annually. Requires the department to inspect the home care agencies of each applicant. Authorizes the department to make additional inspections as necessary. Requires the owner, applicant, or licensee to submit to fingerprint-based criminal history record checks. Specifies standards for the department to refuse to issue a license. Allows the department to issue a provisional license if the applicant cannot conform to all of the minimum standards required by the department if the applicant demonstrates an effort to comply. Requires a home care agency or home care placement agency to require persons seeking employment to submit to a criminal history record check. Allows the department to suspend, revoke, or refuse to renew a license of a home care agency. Allows the department to impose intermediate restrictions or conditions on a license. Specifies an appeals process for the denial, suspension, or revocation of a license.
Repeals the licensure requirements of home care agencies, effective July 1, 2014.
Appropriates $184,389 from the home care agency cash fund to the department of public health and environment for allocation to the health facilities and emergency medical services division, and reappropriates $2,881 of that amount to the department of law for the purchase of legal services. Appropriates $18,170 to the department of public safety for fingerprint processing services.
APPROVED by Governor June 5, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-154 Hospitals - life safety code and physical plant requirements - facilities contiguous with acute treatment units - appropriation. Authorizes the department of public health and environment (department) to establish life safety code and physical plant requirements for an occupancy that is contiguous with an acute treatment unit if the occupancy provides outpatient triage services to determine appropriate placement or detoxification services.
Requires the state board of health to promulgate rules authorizing the department to assess a penalty if the department finds that an occupancy is not compliant with life safety code requirements. Requires a licensee who is subject to the life safety code requirements to pay a fee in accordance with rules promulgated by the state board.
Appropriates $4,029 to the department for allocation to the health facilities and emergency medical services division for the implementation of the act.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
S.B. 08-174 Health care contracts - summary disclosure form. Clarifies that when a proposed health care contract is presented by a person or entity for consideration by a health care provider, the person or entity shall provide a summary disclosure form to the health care provider at the time the contract is presented.
APPROVED by Governor April 14, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-194 Public health - district and county health agencies and boards - powers and duties - comprehensive public health plans - appropriation. Repeals statutes concerning county and district health departments, local boards of health, and regional health departments. Reenacts repealed sections concerning powers and duties of county and district health boards and agencies.
Specifies duties of the state board of health ("state board") concerning public health. Subject to the receipt of gifts, grants, or donations, directs the department of public health and environment ("department") to develop a comprehensive, statewide public health improvement plan to be approved by the state board. Creates the comprehensive public health plan cash fund.
Directs each county to either establish a county public health agency or join other counties in the establishment of a district public health agency. Specifies the duties of county and district public health agencies, including the preparation of local public health plans.
Establishes county or district boards of health. Specifies the membership and duties of each county or district board of health, including the duty to select a public health director for the county or district public health agency. Specifies the duties of a public health director.
Clarifies that health care practitioners employed by county or district public health agencies are considered governmental employees for purposes of governmental immunity.
Appropriates from the general fund $30,000 to the department for the implementation of the act. Appropriates from the comprehensive public health plan cash fund $149,761 to the department for the development of the comprehensive, statewide public health improvement plan.
APPROVED by Governor June 3, 2008
EFFECTIVE July 1, 2008
S.B. 08-196 Hospital report card - inclusion of nursing-sensitive quality measures - prioritization - access to data for research - exemption for small hospitals. Directs the association selected by the executive director of the department of public health and environment to help develop the comprehensive hospital information system and Colorado hospital report card to collect, review, and prepare to implement specified nursing-sensitive quality measures as part of the system and report card. Prioritizes the implementation of certain nursing-sensitive quality measures and requires other such measures to be implemented by November 30, 2010. Obligates the association to involve and seek input from up to 7 direct-care nurses recommended by the governor in reviewing and implementing the measures.
Requires the association to develop a process for access to the collected data for research purposes, and allows the association to exempt hospitals with not more than 100 licensed beds from the requirements regarding nursing-sensitive quality measures.
APPROVED by Governor May 6, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
S.B. 08-220 Employment of physicians - community mental health centers - federally qualified health centers - school-based health centers - rural health clinics. In addition to licensed or certified hospitals and licensed hospices, allows a community mental health center currently licensed by the department of public health and environment (department), a federally qualified health center, a school-based health center, or a rural health clinic to employ a physician as long as the center or clinic:
● Does not limit or exercise control over the physician's independent judgment;
● Does not offer the physician any percentage of fees charged to patients by the center or clinic or any other financial incentive; and
● Does not discriminate with regard to credentials or staff privileges based on the physician's employment status.
Requires a center licensed by the department that employs a physician to report to the department, upon initial and renewal license application, the number of physicians so employed by the center. Requires a federally qualified health center, a school-based health center, or rural health clinic that employs a physician to annually report to the department the number of physicians so employed. Requires the center's or clinic's policies to contain a procedure for physicians to make complaints alleging a violation of the requirements pertaining to the employment of physicians by such centers or clinics.
APPROVED by Governor May 20, 2008
EFFECTIVE August 5, 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. 08-1038 Assisted living residence - regulation - fees - appropriation. Repeals a recurring 5-year report concerning underfunded statutory and regulatory mandates that the state board of health issues to various committees within the general assembly. Replaces the current fees assessed on assisted living residences with a fee set by the state board of health to cover the direct and indirect costs of regulating assisted living residences.
Appropriates $173,182 and 2.2 FTE to the department of public health and environment for allocation to the health facilities and emergency medical services division for the implementation of the act.
APPROVED by Governor April 25, 2008
EFFECTIVE August 5, 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. 08-1054 Wholesale food facility fees - increases - appropriation. Increases the annual registration fees assessed by the department of public health and environment against a wholesale food manufacturer or storage facility to register the facility with the department and the fee for issuance of a certificate of free sale as follows:
● For registration of a small wholesale food manufacturer or storage facility, $185;
● For registration of a medium wholesale food manufacturer or storage facility, $307;
● For registration of a large wholesale food manufacturer or storage facility, $390; and
● For issuance of a certificate of free sale, $128.
Makes the fee increases effective July 1, 2008, and applicable to wholesale food manufacturer and storage facility registrations and certificates of free sale issued or renewed on or after said date.
Appropriates $27,394 and 0.3 FTE to the department of public health and environment from the wholesale food manufacturing and storage protection fund for the implementation of the act.
APPROVED by Governor May 21, 2008
EFFECTIVE July 1, 2008
H.B. 08-1073 Water pollution control - treatment facility operator certification - exemption. Authorizes the water and wastewater facility operators certification board to exempt certain industrial wastewater treatment facilities or classes of facilities from the requirement to operate under the supervision of a certified operator, based upon a nonexhaustive list of criteria.
APPROVED by Governor April 10, 2008
EFFECTIVE August 5, 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. 08-1099 Environmental control - authority of water quality control commission - authority of solid and hazardous waste commission - deadlines regarding water discharge permit applications. Authorizes the water quality control commission, rather than the state board of health, to hear appeals of penalties imposed for violations of minimum general sanitary standards and regulations for drinking water.
Requires the division of administration (division) in the department of public health and environment to begin the review of a water discharge permit application within 45 days after receipt of the application and to notify the applicant within 90 days after receipt as to whether the application is complete. Allows the division to request additional information when it deems an application is incomplete, and requires the division to determine whether the additional information submitted by the applicant satisfies the request within 15 days after receipt of the additional information.
Extends the deadline for the division to hold a public meeting on a water discharge permit application and the division's analysis thereof from 60 to 75 days after public notice of the application and analysis is provided. Changes the time by which the division must give notice of a public meeting on a water discharge permit application from 15 days prior to the meeting date to 30 days prior to the meeting date. Extends to 45 days the deadline for a division determination on a permit application when a public hearing is held.
Authorizes the solid and hazardous waste commission, rather than the state board of health, to adopt rules pertaining to, and set the bond amount required to be posted by, waste tire haulers.
APPROVED by Governor April 14, 2008
EFFECTIVE August 5, 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. 08-1100 State registrar - vital statistics - fees - Colorado responds to children with special needs program - appropriation. Allows the office of the state registrar to adjust its fees to reflect the direct and indirect costs necessary to maintain and operate the Colorado responds to children with special needs program ("program").
Appropriates $143,657 from the vital statistics records cash fund to the department of public health and environment for the program.
APPROVED by Governor June 3, 2008
EFFECTIVE June 3, 2008
H.B. 08-1116 Dental assistance program for seniors - state board of health - rules. Requires the state board of health to promulgate rules regarding allowable procedures and fees for the dental assistance program for seniors. Repeals the existing fee schedule. Removes an obsolete provision pertaining to the period of operation of the program.
APPROVED by Governor April 10, 2008
EFFECTIVE August 5, 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. 08-1144 Health care credentials application review committee - continuation - uniform data - electronic data submission. Continues the health care credentials application review committee beyond its scheduled repeal date of July 1, 2008. Requires the review committee to make recommendations regarding the feasibility of submitting uniform credentialing data and the electronic submission of such data. Allows the state board of health to determine feasibility and to promulgate rules.
APPROVED by Governor May 1, 2008
EFFECTIVE July 1, 2008
H.B. 08-1167 Group policy health insurance - continuation of coverage - issuance of medicare supplement policies - restroom access act- developmental assessment referrals for abuse and neglect - retaliation against developmentally disabled prohibited. Allows an insurance policyholder to elect to contract with an insurer to continue a policy or contract covering an employee if the employee is employed and insured; a reduction in working hours is due to the employee's injury, disability, or chronic health condition; and the policyholder intends to restore the employee to work as soon as the employee is able to return to full-time work.
Requires an insurer to issue a medicare supplement policy to an eligible person as defined by rule of the commissioner of insurance. Requires the guaranteed issue period to be not less than 6 months after the previous policy has been involuntarily terminated for reasons other than nonpayment of premiums, or for fraud or abuse.
Requires a retail establishment that has a toilet facility for its employees to allow a customer to use the facility if certain conditions are met. Creates a penalty for not providing the required access to the facility.
Directs the appropriate county department of human services to refer each child under 5 years of age who is the subject of abuse or neglect for developmental screening. Requires the state board of health to promulgate rules to implement such requirement.
Prohibits retaliation against a person who participates in an investigation, proceeding, or hearing involving a dispute regarding care and services to a developmentally disabled person.
Delays for 6 months, until July 1, 2009, the authority of advanced practice nurses to petition for the involuntary commitment of certain persons who are addicted to alcohol or drugs.
APPROVED by Governor May 27, 2008
EFFECTIVE May 27, 2008
H.B. 08-1199 Tuberculosis - treatment and control - updates to the statutes to reflect current medical practices - reporting requirements - distribution of funds based on actual caseload. Updates the statutes governing the treatment and control of tuberculosis in this state to reflect current medical practices, including eliminating references to quarantine, emphasizing that control methods are targeted at persons who are infected or suspected of being infected with tuberculosis, and reflecting that the tuberculosis program is carried out primarily through control efforts and treatment rather than an active program of hospitalization.
Authorizes the state chief medical officer in the department of public health and environment (department) to have the same investigatory powers and authority over tuberculosis as local health officers, which include:
● Investigating reported or suspected cases of active tuberculosis within the health officer's jurisdiction;
● Identifying, evaluating, and offering treatment to persons who came into contact with cases of active tuberculosis;
● Issuing orders to a person to undergo a medical examination;
● Issuing isolation orders;
● Screening programs of populations at risk of developing tuberculosis or having latent tuberculosis.
Specifies factors to be considered by a health officer prior to issuing an order of isolation for a person.
Clarifies what persons and facilities are required to report to the department about cases of active or suspected tuberculosis. Clarifies what information is required to be reported. Eliminates the statistical case register. Specifies when medical records may be inspected and by what authorized persons.
Rewrites the statutes regarding the relationship between the department and local public health agencies to reflect that funds are distributed locally through contracts based in part upon actual caseload and not on the funding formula in the statute. Eliminates language in the statute referring to eligibility requirements for hospitalization assistance.
APPROVED by Governor April 7, 2008
EFFECTIVE April 7, 2008
H.B. 08-1234 Health care facilities - licensure - ambulatory surgical centers - appropriation. Deems an ambulatory surgical center that is applying for licensure from the department of public health and environment (department) to meet licensure requirements if the applicant is accredited by the joint commission on accreditation of hospitals, the American association for ambulatory health care, the accreditation association for ambulatory health care, or the American osteopathic association, or any successor entities. Subjects an ambulatory surgical center with deemed status to inspection requirements by the department.
Adjusts appropriations made to the annual general appropriation act to the department by decreasing the appropriation for personal services by $11,071 and 0.2 FTE and decreasing the appropriation for operating expenses by $4,498.
APPROVED by Governor May 27, 2008
EFFECTIVE August 5, 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. 08-1244 Passenger tramways - passenger tramway safety board - continuation - membership - qualifications. Extends the scheduled repeal date of the passenger tramway safety board (board) until July 1, 2019, under the sunset law. Allows one of the members of the board to represent a ski area operator. Requires all members of the board to have relevant experience with tramway design, manufacturing, or operation.
APPROVED by Governor April 10, 2008
EFFECTIVE July 1, 2008
H.B. 08-1308 Animal rabies vaccination - waiver. Allows a veterinarian, with the written consent of an animal's owner, to issue a written waiver exempting the animal from a rabies vaccination if the veterinarian determines that the rabies inoculation is contraindicated due to the animal's medical condition.
Directs the executive director of the department of public health and environment ("health department") to enact rules for the exemption of an animal from a rabies vaccination. Exempts county and municipal health departments, health officers, and persons enforcing rabies laws from liability for any subsequent accident, disease, injury, or quarantine that may occur as a result of an animal being exempted from a rabies vaccination pursuant to the rules of the health department.
Provides that a waiver shall be accepted and recognized by local or regional licensing authorities.
APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008
H.B. 08-1372 Adult stem cells cure fund - creation - income tax checkoff - department facilitation of donation and collection of umbilical cord blood. Creates the adult stem cells cure fund (fund) in the state treasury. For income tax years commencing on or after January 1, 2008, but before January 1, 2011, requires a voluntary contribution designation line for the fund to appear on individual income tax return forms. Authorizes the department of public health and environment (department) to accept gifts, grants, and donations for transfer to the fund. Requires the department to set standards for hospitals for the donation and collection of umbilical cord blood for hospitals that choose to participate in umbilical cord donation. Encourages the department to facilitate umbilical cord donations and to promote public awareness of how to donate umbilical cords.
APPROVED by Governor June 3, 2008
EFFECTIVE June 3, 2008
H.B. 08-1393 Hospitals - charges for services - health care charge transparency - hospital and carrier reporting required - association web site - division of insurance web site - appropriation. Requires the commissioner of insurance (commissioner) to work with the association of hospitals (association) to approve an information system that records charges reported by hospitals for common inpatient procedures. Directs the commissioner to require the association to submit a plan and report to the commissioner regarding the publishing of this information on the association's web site. Requires the web site to include information reported by health insurance carriers. Requires the commissioner to have a link to the information on the division of insurance (division) web site. Provides for annual reporting by each health insurance carrier of specified information to the division. Requires the health care task force to study the submission of data by ambulatory surgical centers.
Appropriates $14,705 to the department of regulatory agencies for allocation to the division for the implementation of the act.
APPROVED by Governor May 27, 2008
EFFECTIVE May 27, 2008
H.B. 08-1396 Water quality - study - Canterbury tunnel. Appropriates $325,000 from the hazardous substance response fund in the current fiscal year to the department of public health and environment to conduct or contract to conduct studies to determine whether water from the Canterbury tunnel in Leadville, Colorado, is contributing to an increase in the mine pool that feeds into the Leadville mine drainage tunnel that may lead to potential contamination of a public water source. Reappropriates $25,000 and 0.2 FTE of such appropriation to the department of law. Directs the department to report to the general assembly its findings and recommendations based upon the studies no later than November 1, 2008. Makes a legislative declaration.
APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008
H.B. 08-1414 Solid waste - oil and gas exploration and production wastes - technical requirements - rules. Requires the solid and hazardous waste commission to promulgate rules for the disposal of exploration and production wastes from oil and gas operations at commercial solid waste facilities, including:
● Mandatory set-backs from occupied structures and designated outside activity areas of at least one-half mile;
● Mandatory liners to prevent the migration of wastes to ground water;
● Waste analysis and reporting requirements to ensure that only exploration and production wastes are disposed of at such facilities;
● Restrictions on access to the facilities to protect the public and wildlife;
● Contingency plans to respond to emergencies; and
● Financial assurance requirements for closure and reclamation costs.
Requires existing facilities that accept exploration and production wastes to submit an application to amend the facilities' certificate of designation within 3 months after the rules become effective and to comply with the rules, other than the set-back requirements, within 24 months after the rules become effective. Directs the department of public health and environment to coordinate with the Colorado oil and gas conservation commission, local governments, and the federal bureau of land management in identifying potential disposal sites.
APPROVED by Governor June 4, 2008
EFFECTIVE June 4, 2008
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