S.B. 08-27 Limited gaming - licenses - slot machines - transfers among licensees. In statutes regulating the conduct of limited gaming, extends the license period for a slot machine manufacturer or distributor license, an operator license, and a retail gaming license from one year to 2 years. Prohibits a licensed operator or retailer from transferring slot machines to anyone other than a licensed slot machine manufacturer or distributor.
APPROVED by Governor April 21, 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. 08-29 Architects - continuing education - continuing professional competency. Requires the state board of licensure for architects, professional engineers, and professional land surveyors (state board) to adopt rules by December 31, 2008, establishing requirements for continuing education for architects as a condition of license renewal on or after July 1, 2009.
Requires architects, after issuance of a license, to maintain continuing professional competency to practice architecture and requires the state board to adopt rules to establish a continuing professional competency program. Allows the program to include the continuing education requirements set forth in previously-adopted rules. Once the continuing professional competency program is established, requires an architect to satisfy the requirements of the program in order to renew a license to practice architecture in the state.
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.
S.B. 08-82 Sale of alcohol beverages on Sundays. Effective July 1, 2008, eliminates the prohibition against the retail sale, service, or distribution of malt, vinous, and spirituous liquors in sealed containers on Sundays.
APPROVED by Governor April 14, 2008
EFFECTIVE July 1, 2008
S.B. 08-151 Motor vehicles - dealers, auctioneers, and wholesalers - licensing - education requirements. Requires an applicant for a used powersports vehicle dealer's license, a used motor vehicle dealer's license, a wholesale motor vehicle auction dealer's license, or a wholesaler's license to have the applicant's principal attend a prelicensing education program. Sets standards for the program. Exempts people who have held the appropriate license within the last 3 years.
Requires that program providers be approved by the motor vehicle dealer board. Requires program providers to transmit the certificate of completion to the executive director of the department of revenue. Authorizes the board to promulgate rules to implement the act, including setting fees for the program.
APPROVED by Governor April 21, 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. 08-152 Occupational therapists - registration required - disciplinary action - judicial review - rules - repeal - appropriation. Creates the "Occupational Therapy Practice Act" (act). Requires an occupational therapist to register with the director of the division of registrations in the department of regulatory agencies (director) before engaging in the practice of occupational therapy or representing himself or herself as an occupational therapist. Specifies the criteria for registration. Authorizes the director to establish a schedule of renewal dates, and requires renewal of the registration in accordance with that schedule. Allows the director to set fees for the issuance of a new, renewed, or reinstated registration. Sets standards for the supervision of occupational therapy assistants by occupational therapists.
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 denial, refusal to renew, suspension, or revocation of a registration or issuance of a cease-and-desist order. Specifies the procedure for investigating and disciplining an occupational therapist and for judicial review of a disciplinary action by the director. 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 promulgate rules. Sunsets the regulation of occupational therapists on July 1, 2013. Applies the act to the registration of occupational therapists on or after January 1, 2009.
Appropriates $10,805 to the department of regulatory agencies for allocation to the executive director's office and reappropriates that amount to the department of law for implementation of the act. Appropriates $96,311 and 1.2 FTE to the department of regulatory agencies for allocation to the division of registrations for implementation of the act.
APPROVED by Governor May 14, 2008
EFFECTIVE July 1, 2008
S.B. 08-176 Racing - license requirements - number of live racing days - percentage of gross receipts retained - transitional provisions - dates of transition. In the statutes providing for the regulation of horse and greyhound racing by the department of revenue, continues certain provisions relating to the number of live racing days and percentage of gross receipts retained, which provisions were originally adopted in 1996 and scheduled to self-repeal on or about April 20, 2008, for an additional two years.
APPROVED by Governor April 17, 2008
EFFECTIVE April 17, 2008
S.B. 08-188 Professional direct care nursing practice pilot program - study design to develop program - fund - appropriation. Creates the pilot program implementation committee (committee) for the purpose of developing and implementing a pilot program (program) for hospitals and their direct-care nurses to model professional nursing practice involvement in the decision-making processes for staffing issues of importance to nursing that are related to patient care and nursing work environments.
Requires the committee, within 6 months after confirmation of sufficient funding, to develop the program and to complete the program within 18 months after the committee completes a study design.
Requires the committee to hire a project administrator to handle all aspects of the committee and the reporting.
Creates a fund to accept general fund moneys and gifts, grants, and donations to fund the committee and the program. Authorizes the committee to seek and accept gifts, grants, and donations for implementing and administering the program. Requires the committee to certify that there are sufficient funds available prior to the implementation of the program.
Repeals the committee and the program, effective July 1, 2011.
Appropriates $67,400 from the general fund to the department of regulatory agencies for allocation to the division of registrations for implementation of the act and reduced the general fund transfer to the controlled maintenance trust fund by a corresponding amount.
APPROVED by Governor May 6, 2008
EFFECTIVE May 6, 2008
S.B. 08-219 Massage therapists - registration - requirements - exceptions - use of titles restricted - discipline - mental and physical examinations - unauthorized practice - penalties - rules - authority of local law enforcement to inspect registrations - repeal under sunset law - appropriation. Enacts the "Massage Therapy Practice Act" (act), requiring persons who practice massage therapy in Colorado to possess a valid registration issued by the director of the division of registrations (director) in the department of regulatory agencies. Sets criteria for registration and reciprocal registration. Requires all applicants to submit an application, pay a fee, and undergo a criminal history background check. Requires massage therapists to carry professional liability insurance.
Exempts certain practices from the scope of massage therapy. Exempts the following from the registration requirement:
● Students at an approved massage therapy school and under the immediate supervision of an instructor;
● Persons employed by a federal governmental entity while acting in the scope of such employment;
● Persons temporarily in Colorado under specified circumstances;
● Persons rendering massage therapy to a family member; and
● Persons using alternative methods that employ contact.
Establishes grounds for discipline and the types of disciplinary actions that may be taken. Criminalizes the unauthorized practice or attempted practice of massage therapy.
Sets forth the manner in which the director may commence disciplinary proceedings or seek injunctive relief. Directs the director to promulgate rules to administer the act. Specifies that the director shall set registration schedules and fees. Under certain circumstances, allows the director to require a registrant to undergo a mental or physical examination.
Prohibits local governments from regulating the practice of massage therapy. Specifies that local law enforcement entities shall have the authority to inspect registrations for validity. Clarifies that nothing in the act shall be construed to preclude prosecutions for criminal acts.
Repeals the registration of massage therapists on September 1, 2018, pursuant to the provisions of the sunset law. Makes the act applicable to the practice of massage therapy on and after April 1, 2009.
Makes the following appropriations:
● Appropriates $18,008 from the division of registrations cash fund to the department of regulatory agencies for allocation to the executive director's office for legal services and reappropriates that amount, and 0.2 FTE, to the department of law.
● Appropriates $254,583 and 3.5 FTE from the division of registrations cash fund to the department of regulatory agencies for allocation to the division of registrations for implementation of the act.
● Appropriates $243,768 from application processing fees collected by the division of registrations to the department of regulatory agencies for pass through to governmental entities conducting criminal history background checks related to the act. Out of said appropriation, reappropriates moneys in the following manner for processing fingerprint-based criminal history background checks of massage therapy registration applicants: $131,643 and 1.2 FTE to the department of public safety, for allocation to the Colorado bureau of investigation, and $112,125 to the federal bureau of investigation.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
S.B. 08-242 Pharmaceuticals - prescription drug pedigree - authorized distributor of record. Includes the first authorized distributor of record in the chain of distribution for the purpose of a prescription drug pedigree.
APPROVED by Governor May 29, 2008
EFFECTIVE May 29, 2008
H.B. 08-1040 Addiction counselors - relocation of regulatory scheme with other mental health professionals - direct reimbursement by health plans - immunity under "Volunteer Service Act". Relocates, within the article regulating other mental health professionals, and reorganizes statutory provisions concerning the regulation of addiction counselors by the director of the division of registrations in the department of regulatory agencies (director), and retains the current regulatory scheme for addiction counselors. Repeals the regulation of addiction counselors by the director pursuant to the sunset law on July 1, 2011.
Adds licensed addiction counselors to the list of providers who may not be denied reimbursement under a health insurance policy or contract that allows for reimbursement of services lawfully provided by a licensed provider. Adds licensed or certified addiction counselors to the list of volunteers who are immune from liability under the "Volunteer Service Act". Specifies that a licensed addiction counselor, like a licensed professional counselor who specializes in alcohol addiction, may sign an affidavit on behalf of a concealed weapons applicant, stating that the applicant has been evaluated by the counselor and has been determined to be a recovering alcoholic who has refrained from using alcohol for at least 3 years.
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. 08-1042 Veterinarians - unauthorized practice - exemptions - massage services. Exempts from the "Colorado Veterinary Practice Act" persons who perform massage on animals, so long as such persons:
● Have earned a degree or certificate in animal massage from a state-approved or accredited school; and
● Do not prescribe drugs, perform surgery, or diagnose medical conditions.
APPROVED by Governor April 3, 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. 08-1061 Advanced practice nurses - signature authority. Allows an advanced practice nurse to sign affidavits, certifications, and other similar documents that document a patient's health status in certain situations, if the signing of the documents fit within the scope of practice of an advanced practice nurse and within the advanced practice nurse-patient relationship.
APPROVED by Governor March 20, 2008
EFFECTIVE January 1, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1075 Ambulatory surgical centers - formation of professional review committees. Authorizes the medical staff of an ambulatory surgical center to establish a professional review committee to review and evaluate the quality and appropriateness of patient care provided by, and the professional conduct of a physician providing patient care at, the ambulatory surgical center.
APPROVED by Governor April 1, 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. 08-1105 Alcohol beverages - permits - art galleries - appropriation. Allows an art gallery to obtain a permit to serve, but not sell, alcohol beverages on the premises of the art gallery. Sets standards for the issuance of a permit. Imposes fees for the issuance of a permit. Prohibits an art gallery permit holder from holding other certain types of alcohol licenses and from serving more than 250 people at one time.
Appropriates, from the liquor enforcement division and state licensing authority cash fund, to the department of revenue, for allocation to the liquor enforcement division, personal services, the sum of $1,660 for the implementation of the act.
APPROVED by Governor May 28, 2008
EFFECTIVE May 28, 2008
H.B. 08-1113 Limited gaming - licenses - approval of floor plans - removal of obsolete provisions. Makes nonsubstantive changes to the limited gaming statutes to clarify definitions and disciplinary standards, remove redundant language, and correct cross-references. Eliminates the current 6-month limitation on the duration of temporary or conditional licenses and on license suspensions. Allows the director of the division of gaming to delegate responsibility to review proposed changes in the floor plans of operating casinos.
For persons having specified relationships to slot machine manufacturers or distributors, operators, retailers, key employees, support licensees, and persons contracting with the commission or division, adds a requirement that the person has not served a sentence upon conviction of certain felonies in specified types of jails or correctional facilities.
APPROVED by Governor April 21, 2008
EFFECTIVE July 1, 2008
H.B. 08-1134 Ownership of dental or dental hygiene practice - temporary ownership upon death of dentist or dental hygienist. Specifies that only a licensed dentist or dental hygienist may be the proprietor of a dental or dental hygiene practice. Allows an exception to this proprietorship limitation for a nonprofit organization that is a community health center or 50% of whose patients are low income or for a political subdivision of the state, as long as the ownership by the nonprofit organization or political subdivision does not affect the exercise of independent judgment by the dentist or dental hygienist providing care to patients on behalf of the organization or political subdivision.
Requires the name, license number, ownership percentage, and other information required by the state board of dental examiners (state board) relating to the proprietors of a dental or dental hygiene practice, including an unlicensed heir who is a temporary proprietor of the practice, to be available at the reception desk of the practice during normal hours of operation of the practice and provided to any person requesting such information.
Allows an heir of a dentist or dental hygienist who, at the time of death, was the proprietor of a dental or dental hygiene practice and was actively engaged in the practice of dentistry or dental hygiene, as appropriate, to serve as a temporary proprietor of the practice for up to one year or, upon good cause shown, for up to an additional 12 months if allowed by the state board. When an unlicensed heir serves as a proprietor of a dental or dental hygiene practice, requires all dental care to be provided only by a licensed dentist or dental hygienist, and preserves the dentist's or dental hygienist's right to exercise his or her independent professional judgment.
APPROVED by Governor March 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. 08-1170 Electricians - licensing and apprenticeship - continuing competency - renewable power sources - appropriation. Requires a person who starts an electrician apprenticeship on or after July 1, 2010, to be registered in a United States department of labor bureau of apprenticeship and training certified program.
Requires an applicant for a master electrician's license to have held a Colorado journeyman electrician's license for one year prior to applying to be licensed as a master electrician. If an application for a master electrician license is rejected, requires the board to notify the applicant of the reason the application was rejected. Establishes a continuing competency program for licensees.
Specifies that an electrician's license is required for work on electrical equipment powered by solar and other renewable sources.
Appropriates, from the division of registrations cash fund to the department of regulatory agencies, for allocation to the executive director's office, for legal services, the sum of $10,805 for implementation of the act. Appropriates such sum to the department of law, for the provision of legal services, to the department of regulatory agencies.
Appropriates, from the division of registrations cash fund to the division of registrations, for regulation of electricians, the sum of $40,382 for implementation of the act.
VETOED by Governor June 5, 2008
H.B. 08-1212 Real estate professionals - continuation under sunset law - service of process - salesperson deregulation - education courses - commission membership - licensure by endorsement - disciplinary grounds - name-based criminal history record checks. Extends the automatic termination date of the real estate commission and the regulation of brokers' commissions, subdividers, and preowned housing home warranty service contracts to July 1, 2017, pursuant to the provisions of the sunset law. Authorizes service of process on real estate brokers by mail rather than upon the secretary of state. Repeals the licensure of real estate salespersons. Adds 4 hours of content to the required annual commission update course, and requires the commission to approve all other continuing education courses. Replaces the member of the commission who was required to be a subdivision developer with a member of the general public. Eliminates the reciprocity requirement from the statute authorizing a license by endorsement of another state. Expands the grounds for discipline. Authorizes name-based criminal history record checks when a candidate's fingerprints are unclassifiable. Specifies that the director of the division of real estate, not the executive director of the department of regulatory agencies, hires the division's employees.
APPROVED by Governor April 17, 2008
EFFECTIVE April 17, 2008
H.B. 08-1226 Practice of accountancy - C.P.A.s from another state - foreign business entities - limitations and conditions - board rules - fee exemption - appropriation. Allows a certified public accountant (C.P.A.) or registered public accountant whose principal place of business is located in another state or jurisdiction of the United States, or a foreign partnership, corporation, or limited liability company, to engage in the practice of accountancy in Colorado and to refer to themselves as C.P.A.s without first obtaining permission from or registering with the state board of accountancy (board). Requires practice by such accountants or entities to conform with board rules.
States that as a condition of practicing in this state, a C.P.A. from another state or jurisdiction of the United States and his or her employing firm consent:
● To be subject to the jurisdiction and disciplinary authority of the board;
● To comply with statutory and administrative requirements for such practice;
● That if the C.P.A.'s certificate, license, or registration from another state or jurisdiction becomes invalid, the C.P.A. will cease to offer or render professional services in this state;
● To appoint the state board or agency that issued the C.P.A.'s certificate, license, or registration as the agent for service of process in any action brought by the board against the C.P.A.
Allows the board to recover its reasonable costs incurred in investigative, administrative, and disciplinary proceedings against a C.P.A. from another state or jurisdiction under specified circumstances, but otherwise prohibits the board from assessing a fee against or imposing any notice or other submission requirement on such persons or entities while engaged in the accountancy practice in this state.
Appropriates $3,602 from the division of registrations cash fund to the executive director's office in the department of regulatory agencies for legal services related to the implementation of the act, and further appropriates $3,602 to the department of law for the provision of legal services to the department of regulatory agencies.
APPROVED by Governor May 1, 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. 08-1240 Collections agencies - regulation - continuation of debt collectors under sunset law. Extends the automatic termination date of debt collectors to July 1, 2017, pursuant to the provisions of the sunset laws. Requires a collection agency to notify a consumer, in the initial communication, of the right to discontinue further communications except as authorized by law. Authorizes the attorney general to change its web site address without conflicting with certain notice provisions of statute.
Eliminates the collections manager's examination. Requires limited liability companies to inform the administrator of certain changes to corporate structure, governance, and control. Repeals on July 1, 2010, a requirement that a collection agency maintain an office in the state, and instructs the department of regulatory agencies to make a recommendation concerning this requirement by October 1, 2009. Requires a collection agency maintain a toll-free telephone number. Includes identity theft and computer crimes as a basis for license discipline or denial.
Increases from $1,000 to $1,500 the administrative fine for collection agency violations.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
H.B. 08-1273 Bingo and raffles - continuation under sunset law - qualified organizations - cash prizes - number of games - study and report concerning transfer of functions. Extends the automatic termination date of the regulation of bingo and games of chance by the secretary of state and the bingo-raffle advisory board to July 1, 2017. Allows the issuance of a bingo-raffle license to a political party. Eliminates the statutory restriction on cash prizes or prizes redeemable for cash, authorizing the secretary of state to set cash-prize limits by rule.
Directs the secretary of state to confer with the executive director of the department of revenue concerning the possible transfer of bingo-raffle licensing and enforcement functions to the department of revenue and to report to the general assembly with findings and recommendations on this issue by December 31, 2008.
Eliminates the requirement that a landlord licensee submit a blueprint of his or her facility as a condition of licensure. Eliminates the statutory restriction on a bingo-raffle licensee to 158 bingo games in any calendar year, authorizing the secretary of state, in consultation with the bingo-raffle advisory board, to specify the maximum number of games per year.
APPROVED by Governor April 3, 2008
EFFECTIVE April 3, 2008
H.B. 08-1314 Gambling addiction counseling - grant program - use of percentage of local government limited gaming impact fund moneys - rules - annual report - repeal - appropriation. Establishes, within the local government limited gaming impact fund (fund), the limited gaming impact account, consisting of 98% of the moneys transferred to the fund, and the gambling addiction account, consisting of 2% of the moneys transferred to the fund. Clarifies that the moneys in the limited gaming impact account are to continue to be used to provide financial assistance to designated local governments for documented gaming impacts. Specifies that the moneys in the gambling addiction account are to be used to award grants for the provision of gambling addiction counseling to Colorado residents.
Requires the executive director (executive director) of the department of human services (department) to administer the grant program and award grants to state or local public or private entities or programs that provide gambling addiction counseling services and that have or are seeking nationally accredited gambling addiction counselors. For the first 4 years of the program, requires the executive director to award 10% of the moneys in the gambling addiction account in grants to addiction counselors who are actively pursuing national accreditation as gambling addiction counselors and who have completed at least half of the counseling hours required for national accreditation. Limits the amount of moneys in the gambling addiction account that may be used to cover the department's direct and indirect costs of administering the grant program. Authorizes the executive director to adopt rules regarding the grant program.
Requires the department to submit an annual report to the health and human services committees of the senate and house of representatives, or their successor committees, regarding the grant program, including the amount of moneys allocated to the gambling addiction account, the number of grant applications received and the total amount of grant moneys requested, the total amount of moneys awarded as grants to applicants, the entities or programs that received grants, and the amounts awarded to each grant recipient.
Repeals the gambling addiction account and the grant program, effective July 1, 2013, and transfers any moneys remaining in the gambling addiction account on June 30, 2013, to the limited gaming impact account.
Reappropriates, from moneys transferred to the department of local affairs, $2,866 to the executive director's office in the department of human services for the purchase of legal services from the department of law and $143,818 to the department of human services, for allocation to the alcohol and drug abuse division for the implementation of the act.
APPROVED by Governor June 2, 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. 08-1359 Manufacture of vinous liquors - alternating proprietor licensed premises - shared use of premises - rules - fees. Allows wineries and limited wineries licensed to manufacture vinous liquors in the state to manufacture vinous liquors upon an alternating proprietor licensed premises. Defines "alternating proprietor licensed premises" as a distinct and definite area that is owned by or in the possession of a licensed winery or limited winery and within which the licensee and other licensed wineries or limited wineries are authorized to manufacture and store vinous liquor. Prohibits the retail sale of vinous liquors from an alternating proprietor licensed premises.
Requires the liquor enforcement division (division) in the department of revenue to adopt rules, no later than 120 days after the effective date of the act, to ensure adequate oversight and regulation of alternating proprietor licensed premises. Requires the division to establish fees for applications for alternating use of wine premises.
Obligates licensed wineries and limited wineries to submit a separate report to the executive director of the department of revenue or his or her designee regarding vinous liquors that the winery has manufactured or inventoried at or transferred from an alternating proprietor licensed premises. Exempts licensed wineries and limited wineries that are authorized to manufacture vinous liquors upon an alternating proprietor licensed premises from the requirement to manufacture vinous liquors in the permanent location specified in the license authorizing the winery to engage in manufacturing of vinous liquors.
APPROVED by Governor June 4, 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. 08-1383 Nurses - inactive license status - appropriation. Creates an inactive status for professional and practical nursing licenses. Prohibits nurses with inactive licenses from practicing nursing, and specifies that a violation of the prohibition constitutes grounds for discipline and criminal penalties. Describes procedures for nurses to request inactive license status and reactivation of inactive licenses. Sets forth bases for the state board of nursing to deny a reactivation application. Empowers the board to reactivate inactive licenses pursuant to the reactivation schedule and payment of reactivation fees as determined by the director of registrations within the department of regulatory agencies.
Makes the following appropriations for implementation of the act for the fiscal year beginning July 1, 2008:
● $720 from the division of registrations cash fund to the department of regulatory agencies for allocation to the executive director's office, which sum is reappropriated to the department of law for the provision of legal services to the department of regulatory agencies; and
● $33,968 and 0.5 FTE to the division of registrations.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
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The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.