C.R.S. § 25-3-304 — CO Code / Title 25 / Article 3 / Part 3 / Section 25-3-304
25-3-304. Trustees - powers and duties
Status: in_force

25-3-304. Trustees - powers and duties. (1) (a) A public hospital board of trustees shall make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the hospital as it deems expedient for the economic and equitable conduct thereof, not inconsistent with state law or the ordinances of the city or town in which the public hospital is located.

(b) The public hospital board of trustees has exclusive control of:

(I) The use and expenditure of all money collected to the credit of the hospital, including the right to invest or have invested money held by the hospital or in the office of the county treasurer and to receive the interest and income therefrom;

(II) The purchase of sites;

(III) The purchase, construction, or enlargement of any hospital building; and

(IV) The supervision, care, and custody of any grounds, rooms, or buildings that it purchases, constructs, or leases.

(c) Except as described in subsection (1)(d) of this section, a public hospital board of trustees may acquire by lease real and personal property subject to the approval of the board of county commissioners. All tax money received for hospital purposes must be paid out of the county treasury only upon warrants drawn by the county commissioners upon sworn vouchers approved by the public hospital board of trustees. All other money received for the hospital must be deposited in the treasury of the hospital and paid out only upon order of the public hospital board of trustees. If a public hospital board of trustees acquires and holds hospital property and facilities, including real and personal property, by conveyance on transfer of title, then title to all lands must be in either the name of the county or the public hospital's corporate name for the hospital's use and benefit. County hospitals situated in home rule counties have the additional borrowing authority granted by section 30-35-201 (23)(b).

(d) A public hospital board of trustees that has elected to designate its public hospital as an enterprise for purposes of section 20 of article X of the state constitution, as described in subsection (3) of this section, is not required to obtain the approval of the board of county commissioners before acquiring real or personal property by lease.

(2) (a) The public hospital board of trustees has the power to hire, retain, and remove agents and employees, including administrative, nursing, and professional personnel, engineers, architects, and attorneys, and to fix their compensation; has the power to borrow money and incur indebtedness, and to issue bonds and other evidence of such indebtedness; except that no indebtedness shall be created, except as otherwise provided by statute, in excess of the revenue that may reasonably be expected to be available to the hospital for repayment thereof in the fiscal year in which such indebtedness is to be created, and except that no such indebtedness shall be incurred without the approval of the board of county commissioners if the repayment of such indebtedness is dependent on tax money received for hospital purposes from the board of county commissioners; and shall in general carry out the spirit and intent of this part 3 in establishing and maintaining a county public hospital. Any indebtedness incurred by a public hospital board of trustees is an obligation of the public hospital board of trustees and not an obligation of the board of county commissioners that approved the indebtedness.

(b) A board of public hospital trustees must hold meetings at least once each month and must keep a complete record of all its proceedings. Four members of the board constitutes a quorum for the transaction of business. One of the trustees must visit and examine said hospital at least twice each month, and the public hospital board, during the first week in each January and July, must file with the board of county commissioners a report of their proceedings with reference to such hospital and a statement of all receipts and expenditures during the half year. On or before each October first, the board must certify to the board of county commissioners the amount necessary to maintain and improve said hospital for the ensuing year. No trustee shall have a personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.

(c) A public hospital board of trustees may offer to the general public products and services of any health-care organization, association, partnership, or corporation to the extent that the products and services are consistent with the powers and duties of a county public hospital pursuant to this part 3.

(3) (a) The board of public hospital trustees may, in accordance with the provisions of paragraph (b) of this subsection (3), designate the hospital as an enterprise for purposes of section 20 of article X of the state constitution so long as said board of trustees retains authority to issue revenue bonds and the hospital receives less than ten percent of its total annual revenues in grants. So long as the hospital is designated as an enterprise pursuant to the provisions of this subsection (3), the hospital shall not be subject to any of the provisions of section 20 of article X of the state constitution.

(b) (I) The board of public hospital trustees may, by resolution, designate the hospital as an enterprise as long as the hospital meets the requirements for an enterprise as stated in paragraph (a) of this subsection (3). Such designation shall be effective beginning with the budget year immediately following the budget year in which such resolution is adopted. Such resolution shall be adopted no sooner than ninety days and no later than thirty days prior to the commencement of the budget year in which such designation becomes effective.

(II) The board of public hospital trustees may, by resolution, revoke the designation of the hospital as an enterprise. Such revocation shall be effective beginning with the budget year immediately following the budget year in which such resolution is adopted. Such resolution shall be adopted no sooner than ninety days and no later than thirty days prior to the commencement of the budget year in which such revocation becomes effective.

(III) Upon adoption of any resolution pursuant to the provisions of subparagraph (I) or (II) of this paragraph (b), the board of public hospital trustees shall transmit a copy of the resolution to the division of local government in the department of local affairs and the appropriate board or boards of county commissioners.

(IV) The termination or revocation of the designation of the hospital as an enterprise shall not affect in any manner the validity of any revenue bonds issued by the board of public hospital trustees of such hospital pursuant to subsection (4) of this section.

(c) (I) For purposes of this subsection (3), "grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid.

(II) "Grant" does not include:

(A) Any indirect benefit conferred upon a hospital from the state or any local government in Colorado;

(B) Any revenues resulting from rates, fees, assessments, or other charges imposed by a hospital for the provision of goods or services by such hospital;

(C) Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by a hospital.

(4) (a) Subject to the limitations set forth in paragraph (b) of this subsection (4), the board of public hospital trustees shall have the power to issue revenue bonds, secured by any revenues of the hospital other than property tax revenues. Notwithstanding subsection (2) of this section to the contrary, such revenue bonds may provide for their repayment over a term greater than one fiscal year. The board shall authorize the issuance of revenue bonds by resolution, duly approved by no less than two-thirds of the entire membership of the board. All bonds shall be signed by the president of the board of trustees, countersigned by the secretary of the board of trustees, and shall be numbered and registered in a book kept by the secretary or the secretary-treasurer, as applicable. Each bond shall state upon its face the amount for which such bond is issued, to whom such bond is issued, and the date of its issuance.

(b) Except as otherwise provided in this paragraph (b), the issuance of any revenue bonds pursuant to the provisions of this subsection (4) shall not become effective for a period of thirty days following the adoption of any resolution authorizing such issuance for the purpose of allowing the board of county commissioners to review such pending bond issue. Such review period shall commence upon the date of receipt by the board of county commissioners of written notice from the board of public hospital trustees of such pending revenue bond issue. During said thirty days, the board of county commissioners may file a written notice with the board of trustees stating that the board of county commissioners has no objection to such pending bond issue. Upon receipt of such notice of no objection, the issuance of such revenue bonds shall become effective. If, within said thirty days, the board of county commissioners does not file with the board of trustees either a written notice of no objection or a written objection, the issuance of such revenue bonds shall become effective. If the board of county commissioners files a written objection, the issuance of such revenue bonds shall be prohibited until such time as the board of county commissioners gives written notice to the board of trustees of withdrawal of the board's objection.
C.R.S. § 25-3-126 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-126
25-3-126. Health facilities - requirements related to labor and childbirth - rules - defin
Status: in_force

25-3-126. Health facilities - requirements related to labor and childbirth - rules - definitions. (1) Except as provided in subsection (2) of this section, on and after January 1, 2022, a health facility that provides services related to labor and childbirth shall demonstrate to the department, in the form and manner determined by the department by rule, that the health facility has a policy that:

(a) Allows every birthing person to have a companion or doula with the person during birth in addition to a partner or spouse;

(b) Prioritizes newborns bonding with their families in order to facilitate the physiologic postpartum process;

(c) Will not exclude from care any person experiencing physiologic birth or interrupt the process of physiologic birth without the informed consent of the birthing person;

(d) Details the facility's process related to receiving a pregnant person's patient information from any provider regulated under title 12 who has provided care for the pregnant person;

(e) Establishes processes to transfer and receive pregnant persons across levels of care of licensed facilities within the facility's capacity and capability; and

(f) Establishes a process to receive individuals who are pregnant, undergoing physiologic birth, or in the physiologic postpartum process from locations other than licensed facilities, including a process to receive verbal and written information from individuals with relevant information, including but not limited to family members, doulas, or a health-care provider regulated under title 12.

(2) For labor and childbirth services provided to a birthing person who is in custody, a health facility shall demonstrate to the department, in the form and manner determined by the department by rule, that the health facility has a policy that:

(a) Prioritizes newborns bonding with their families in order to facilitate the physiologic postpartum process, unless:

(I) The parent or legal guardian of the newborn consents to medical treatment;

(II) The newborn is released to a legal guardian; or

(III) The birthing person is released from labor and delivery; and

(b) Will not exclude from care any person experiencing physiologic birth or interrupt the process of physiologic birth without the informed consent of the birthing person.

(3) As used in this section:

(a) "Doula" means a person who provides physical, emotional, and informational support to a pregnant person before, during, and after pregnancy.

(b) "Physiologic birth" means labor and birth powered by the innate human capacity of a pregnant person and the pregnant person's fetus, which includes endogenous hormone systems.

(c) "Physiologic postpartum process" means the biologic process that happens to both the newborn and birthing person after delivery due to endogenous hormone systems.
C.R.S. § 25-4-612 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-612
25-4-612. Enforcement of part 6
Status: in_force

25-4-612. Enforcement of part 6. The health officer or health department shall enforce the provisions of this part 6, and the sheriff and his deputies and the police officers in each incorporated municipality and the division of parks and wildlife shall be aides and are instructed to cooperate with the health department or health officer in carrying out the provisions of this part 6.
C.R.S. § 25-3.5-903 — CO Code / Title 25 / Article 3.5 / Part 9 / Section 25-3.5-903
25-3.5-903. Definitions
Status: in_force

25-3.5-903. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Emergency medical services organization" means:

(a) Local emergency medical and trauma service providers, as defined in section 25-3.5-602 (4), excluding a health-care facility licensed or certified by the department pursuant to section 25-1.5-103 (1)(a) that has a quality management program pursuant to section 25-3-109;

(b) Regional emergency medical and trauma services advisory councils, as defined in section 25-3.5-703 (6.8) and established under section 25-3.5-704 (2)(c); and

(c) Public safety answering points, as defined in section 29-11-101 (23), performing emergency medical dispatch.

(2) "Prehospital medical director" or "medical director" means a licensed physician who supervises certified or licensed emergency medical service providers who provide prehospital care.

(3) "Quality management assessment" means a review and assessment of the performance of prehospital care provided by emergency medical service providers operating under a medical director.

(4) (a) "Quality management program" means a program established under this part 9 that is designed to perform quality management assessments for the purpose of improving patient care and includes:

(I) Quality assurance and risk management activities;

(II) Peer review of emergency medical service providers; and

(III) Other quality management functions.

(b) "Quality management program" does not include review or assessment of the licensing, use, or maintenance of vehicles used by an emergency medical services organization.
C.R.S. § 25-3.5-306 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-306
25-3.5-306. Violation - penalty
Status: in_force

25-3.5-306. Violation - penalty. Any person who violates any provision of this part 3 commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 25-25-121 — CO Code / Title 25 / Article 25 / Section 25-25-121
25-25-121. Conveyance of title - release of lien
Status: in_force

25-25-121. Conveyance of title - release of lien. When the principal of and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution, the lease, the trust indenture, and the mortgage, deed of trust, or other form of security arrangement, if any, authorizing and securing the same have been satisfied, the authority shall promptly do all things and execute such deeds, conveyances, and other documents as are necessary and required to release the lien of such mortgage, deed of trust, or other form of security arrangement in accordance with the provisions thereof and to convey its right, title, and interest in such facilities so financed, and any other facilities leased or mortgaged or subject to deed of trust or any other form of security arrangement to secure the bonds, to such participating health institution or institutions.
C.R.S. § 25-27.5-102 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-102
25-27.5-102. Definitions
Status: repealed

25-27.5-102. Definitions. As used in this article 27.5, unless the context otherwise requires:

(1) "Certified home care agency" means an agency that is certified by either the federal centers for medicare and medicaid services or the Colorado department of health care policy and financing to provide skilled home health or personal care services.

(1.3) "CMS" means the federal centers for medicare and medicaid services in the United States department of health and human services.

(1.5) Repealed.

(2) "Department" means the Colorado department of public health and environment.

(3) (a) "Home care agency" means any sole proprietorship, partnership, association, corporation, government or governmental subdivision or agency subject to the restrictions in section 25-1.5-103 (1)(a)(II), not-for-profit agency, or any other legal or commercial entity that manages and offers, directly or by contract, skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence. A residential facility that delivers skilled home health or personal care services which the facility is not licensed to provide shall either be licensed as a home care agency or require the skilled home health or personal care services to be delivered by a licensed home care agency.

(b) "Home care agency" does not include:

(I) Organizations that provide only housekeeping services;

(II) Community and rural health networks that furnish home visits for the purpose of public health monitoring and disease tracking;

(III) An individual who is not employed by or affiliated with a home care agency and who acts alone, without employees or contractors;

(IV) Outpatient rehabilitation agencies and comprehensive outpatient rehabilitation facilities certified pursuant to Title XVIII or XIX of the "Social Security Act", as amended;

(V) Consumer-directed attendant programs administered by the Colorado department of health care policy and financing;

(VI) Licensed dialysis centers that provide in-home dialysis services, supplies, and equipment;

(VII) Subject to the requirements of section 25-27.5-103 (3), a facility otherwise licensed by the department;

(VIII) A home care placement agency as defined in subsection (5) of this section;

(IX) Services provided by a qualified early intervention service provider and overseen jointly by the department of education and the department of human services; or

(X) A program of all-inclusive care for the elderly established in section 25.5-5-412, C.R.S., and regulated by the department of health care policy and financing and the CMS; except that PACE home care services are subject to regulation in accordance with section 25-27.5-104 (4).

(4) "Home care consumer" means a person who receives skilled home health services or personal care services in his or her temporary or permanent home or place of residence from a home care agency or from a provider referred by a home care placement agency.

(5) "Home care placement agency" means an organization that, for a fee, provides only referrals of providers to home care consumers seeking services. A home care placement agency does not provide skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence directly or by contract. Such organizations shall follow the requirements of sections 25-27.5-103 (2), 25-27.5-104 (1)(c), and 25-27.5-107.

(5.3) "Manager" or "administrator" means any person who controls and supervises or offers or attempts to control and supervise the day-to-day operations of a home care agency or home care placement agency.

(5.5) "Owner" means a shareholder in a for-profit or nonprofit corporation, a partner in a partnership or limited partnership, a member in a limited liability company, a sole proprietor, or a person with a similar interest in an entity, who has at least a fifty-percent ownership interest in the business entity.

(5.7) "PACE home care services" means skilled home health services or personal care services:

(a) Offered as part of a comprehensive set of medical and nonmedical benefits, including primary care, day services, and interdisciplinary team care planning and management, by PACE providers to an enrolled participant in the program of all-inclusive care for the elderly established in section 25.5-5-412, C.R.S., and regulated by the department of health care policy and financing and the CMS; and

(b) Provided in the enrolled participant's temporary or permanent place of residence.

(6) "Personal care services" means assistance with activities of daily living, including but not limited to bathing, dressing, eating, transferring, walking or mobility, toileting, and continence care. It also includes housekeeping, personal laundry, medication reminders, and companionship services furnished to a home care consumer in the home care consumer's temporary or permanent home or place of residence, and those normal daily routines that the home care consumer could perform for himself or herself were he or she physically capable, which are intended to enable that individual to remain safely and comfortably in the home care consumer's temporary or permanent home or place of residence.

(6.3) "Qualified early intervention service provider" has the meaning set forth in section 26.5-3-402.

(6.7) "Service agency" means a service agency, as defined in section 25.5-10-202, C.R.S., that has received certification from the department of health care policy and financing as a developmental disabilities service agency under rules promulgated by the medical services board and is providing services pursuant to the supported living services waiver or the children's extensive support waiver of the home- and community-based services waivers administered by the department of health care policy and financing under part 4 of article 6 of title 25.5, C.R.S.

(7) "Skilled home health services" means health and medical services furnished to a home care consumer in the home care consumer's temporary or permanent home or place of residence that include wound care services; use of medical supplies including drugs and biologicals prescribed by a physician; in-home infusion services; nursing services; home health aide or certified nurse aide services that require the supervision of a licensed or certified health-care professional acting within the scope of his or her license or certificate; occupational therapy; physical therapy; respiratory care services; dietetics and nutrition counseling services; medication administration; medical social services; and speech-language pathology services. "Skilled home health services" does not include the delivery of either durable medical equipment or medical supplies.

(8) "State board" means the state board of health.
C.R.S. § 25-20.5-1104 — CO Code / Title 25 / Article 20.5 / Part 11 / Section 25-20.5-1104
25-20.5-1104. Repeal of part - sunset review
Status: repealed

25-20.5-1104. Repeal of part - sunset review. (Repealed)
C.R.S. § 25-3-306 — CO Code / Title 25 / Article 3 / Part 3 / Section 25-3-306
25-3-306. Right of eminent domain
Status: in_force

25-3-306. Right of eminent domain. If the board of public hospital trustees and the owners of any property desired by it for hospital purposes cannot agree as to the price to be paid therefor, said board shall report the facts to the board of county commissioners, and condemnation proceedings shall be instituted by the board of county commissioners and prosecuted in the name of the county wherein such public hospital is to be located.
C.R.S. § 25-3.5-1003 — CO Code / Title 25 / Article 3.5 / Part 10 / Section 25-3.5-1003
25-3.5-1003. Eighteen-month public awareness and education campaign - legalization of marijua
Status: repealed

25-3.5-1003. Eighteen-month public awareness and education campaign - legalization of marijuana - repeal. (Repealed)
C.R.S. § 25-4-610 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-610
25-4-610. Uninoculated animals not to run at large - impounding and disposition of animals
Status: in_force

25-4-610. Uninoculated animals not to run at large - impounding and disposition of animals. It is unlawful for any owner of any dog, cat, other pet animal, or other mammal which has not been inoculated as required by the order of the county board of health or board of health of a health department to allow it to run at large. The health department or health officer may capture and impound any such dog, cat, other pet animal, or other mammal found running at large and dispose of such animal in accordance with local program policy. Such power to impound and dispose shall extend to any and all animals unclaimed and found or suspected to be affected by rabies, whether wild or domestic. The division of parks and wildlife shall cooperate with and aid the health department or health officer in the enforcement of this section as it affects animals found or suspected to be affected by rabies when such animals are in its care, jurisdiction, or control.
C.R.S. § 25-17-407 — CO Code / Title 25 / Article 17 / Part 4 / Section 25-17-407
25-17-407. Violations - enforcement - administrative penalty
Status: in_force

25-17-407. Violations - enforcement - administrative penalty. (1) In addition to other penalties prescribed by this part 4 or any other law, a producer or stewardship organization that violates this part 4 is liable for an administrative penalty assessment not to exceed one thousand dollars per day for the first violation and five thousand dollars per day for a second or subsequent violation.

(2) If a person is liable pursuant to subsection (1) of this section, the executive director shall serve by personal service or by certified mail an order that imposes an administrative penalty on the person who has been designated in the paint stewardship program plan as the contact person.

(3) The contact person may submit a written request to the executive director for a hearing by personal service or by certified mail within thirty calendar days after the date of the order. An administrative law judge from the office of administrative courts shall conduct the hearing in accordance with section 24-4-105, C.R.S.

(4) If a request for a hearing is filed, payment of any monetary penalty is stayed pending a final decision by the administrative law judge after the hearing on the merits. The department is not precluded from imposing an administrative penalty against the producer or stewardship program for subsequent violations of this part 4 committed during the pendency of the stay.

(5) The department bears the burden of proof by a preponderance of the evidence in a hearing held pursuant to this section.

(6) The executive director may enter into a settlement agreement with a producer or stewardship organization assessed an administrative penalty under this section.

(7) The executive director shall transfer any moneys collected under this section to the state treasurer, who shall deposit the moneys into the general fund.
C.R.S. § 25-8-1004 — CO Code / Title 25 / Article 8 / Part 10 / Section 25-8-1004
25-8-1004. Action plan
Status: in_force

25-8-1004. Action plan. (1) By March 1, 2026, the division shall develop an action plan to address and improve water quality in mobile home parks. The action plan must comply with subsection (3) of this section.

(2) In developing the action plan, the division shall:

(a) Conduct outreach to park residents to:

(I) Gather information to develop the action plan; and

(II) Receive input about water quality concerns, including concerns related to water safety, color, odor, and taste;

(b) Coordinate with residents of parks to identify opportunities to improve the quality of finished water in and the water supply for parks;

(c) Ensure that communications with members of the public concerning the action plan are available in English, Spanish, and any other language requested by a resident or that the division determines is necessary for public outreach;

(d) Consult with or coordinate with some or all of the following entities: The park owner, park residents, nonprofit organizations, public institutions of higher education, the water provider, county health departments, and the ombudsperson;

(e) Consider the results of the testing program and any other water quality testing conducted to date;

(f) Assess water supply infrastructure for a sampling of parks based on prioritization criteria in section 25-8-1002 (1)(d), and this assessment must assess for the presence of lead pipes or decaying or aging pipes, the sizing of pipes, and water pressure levels to determine if infrastructure is impairing water quality; and

(g) Collect relevant data about finished water at parks.

(3) The action plan must:

(a) Include a status report of the testing program conducted to date, and the status report must specify the number of parks tested, the testing locations, and a summary of findings to date;

(b) Develop a strategy to test water quality at any parks not yet tested;

(c) Identify opportunities to improve the quality of finished water in and the water supply for parks, including opportunities to address color, taste, and odor concerns;

(d) In cooperating and consulting with the division of housing, identify opportunities for potential funding to improve the quality of finished water and the water supply and to enforce this part 10;

(e) Include timelines for implementation of the action plan; and

(f) Include a written description of how park resident feedback was and was not incorporated.

(4) The division shall coordinate with the division of housing to identify potential money, including grant money from the grant program, to support remediation of a water quality issue at a park.
C.R.S. § 25-4-204 — CO Code / Title 25 / Article 4 / Part 2 / Section 25-4-204
25-4-204. Penalty
Status: in_force

25-4-204. Penalty. Any licensed physician and surgeon or other person engaged in attendance upon a pregnant woman during the period of gestation or at delivery or any representative of a laboratory who violates the provisions of this part 2 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than three hundred dollars. Every licensed physician and surgeon or other person engaged in attendance upon a pregnant woman during the period of gestation or at delivery who requests such specimen in accordance with the provisions of section 25-4-201 and whose request is refused is not guilty of a misdemeanor.
C.R.S. § 25-5-403 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-403
25-5-403. Offenses
Status: repealed

25-5-403. Offenses. (1) The following acts and the causing thereof within this state are prohibited:

(a) The manufacture, sale, or delivery or the holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

(b) The adulteration or misbranding of any food, drug, device, or cosmetic;

(c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;

(d) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 25-5-412;

(e) The dissemination of any false or misleading advertisement;

(f) The refusal to permit entry, inspection, or the taking of a sample, as authorized by section 25-5-421;

(g) The giving of a false guaranty or undertaking except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the United States from whom he received in good faith the food, drug, device, or cosmetic;

(h) The removal or disposal of a detained or embargoed article in violation of section 25-5-406;

(i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, drug, device, or cosmetic which results in such article being adulterated or misbranded, if such act is done while such article is being stored or held for sale;

(j) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device required by this part 4 or by regulations promulgated under the provisions of this part 4;

(k) The distribution or causing to be distributed in commerce of any consumer commodity if such commodity is contained in a package or if there is affixed to that commodity a label which does not conform to the provisions of this part 4 and of regulations promulgated pursuant to this part 4; except that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

(I) Are engaged in the packaging or labeling of such commodities; or

(II) Prescribe or specify by any means the manner in which such commodities are packaged or labeled;

(l) The using by any person to his own advantage or the revealing, other than to the executive director of the department or his authorized representative or to the courts, when relevant in any judicial proceeding under this part 4, of any information acquired under authority of this part 4 concerning any method or process which as a trade secret is entitled to protection.

(2) It is prohibited for any person to sell, give, or in any way furnish to another person who is under the age of twenty-one years any confectionery which contains alcohol in excess of one-half of one percent by volume.

(3) Repealed.
C.R.S. § 25-23-106 — CO Code / Title 25 / Article 23 / Section 25-23-106
25-23-106. Reporting - repeal
Status: repealed

25-23-106. Reporting - repeal. (1) On or before October 1, 2023, and on or before each October 1 thereafter through October 1, 2028, the department of public health and environment shall report to the joint budget committee for the preceding state fiscal year:

(a) (I) The money allocated to the state dental loan repayment program;

(II) The number of qualified dental professionals who applied to the dental loan repayment program; and

(III) The number of qualified dental professionals who received a contract for loan repayment assistance; and

(b) The proportion of money appropriated from the state dental loan repayment and oral health programs fund for oral health programs, reported by, as applicable:

(I) Use;

(II) County;

(III) Patients served, including payer source; and

(IV) The process for allocating funding.

(2) The October 1, 2023, report must also include the information required in subsection (1) of this section for the 2021-22 state fiscal year.

(3) This section is repealed, effective July 1, 2029.
C.R.S. § 25-15-605 — CO Code / Title 25 / Article 15 / Part 6 / Section 25-15-605
25-15-605. Prohibition on the installation of artificial turf that contains intentionally a
Status: in_force

25-15-605. Prohibition on the installation of artificial turf that contains intentionally added PFAS chemicals. (1) On and after January 1, 2026, a person shall not install artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state.

(2) Nothing in this section prohibits a person from maintaining artificial turf installed before January 1, 2026.
C.R.S. § 25-8-206 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-206
25-8-206. Prior acts validated
Status: in_force

25-8-206. Prior acts validated. (1) All acts, hearings, orders, rules, regulations, and standards adopted by the water pollution control commission as constituted and empowered by the laws of this state prior to July 6, 1973, which were valid prior to said date, shall be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of this article, and no provision of this article shall be construed to repeal or in any way invalidate any actions, orders, rules, regulations, or water quality standards adopted by said commission prior to said date.

(2) All acts, hearings, orders, rules, regulations, and standards adopted by the water quality control commission as constituted and empowered by the laws of this state prior to July 1, 1981, which were valid prior to said date, shall be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of this article, and no provision of this article shall be construed to repeal or in any way invalidate any actions, orders, rules, regulations, or water quality standards adopted by said commission prior to said date.

(3) All acts, orders, and rules adopted by the state board of health under the authority of part 2 of article 1.5 of this title, part 1 of article 10 of this title, and section 30-20-110.5, C.R.S., prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said provisions, be deemed and held to be legal and valid in all respects, as though issued by the commission under the authority of such provisions of law. No provision of this article shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.
C.R.S. § 25-48-105 — CO Code / Title 25 / Article 48 / Section 25-48-105
25-48-105. Right to rescind request - requirement to offer opportunity to rescind
Status: in_force

25-48-105. Right to rescind request - requirement to offer opportunity to rescind. (1) At any time, an individual may rescind his or her request for medical aid-in-dying medication without regard to the individual's mental state.

(2) An attending provider shall not write a prescription for medical aid-in-dying medication under this article 48 unless the attending provider offers the qualified individual an opportunity to rescind the request for the medical aid-in-dying medication.
C.R.S. § 25-2-117 — CO Code / Title 25 / Article 2 / Section 25-2-117
25-2-117. Certified copies furnished - fee
Status: in_force

25-2-117. Certified copies furnished - fee. (1) Vital statistics records shall be treated as confidential, but the department of public health and environment shall, upon request, furnish to any applicant having a direct and tangible interest in a vital statistics record a certified copy of any record registered under the provisions of this article. Any copy of the record of a birth or death, when properly certified by the state registrar or as otherwise directed by the state registrar to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated.

(2) An applicant shall pay fees established pursuant to section 25-2-121 for each of the following services:

(a) The reproduction and certification of birth or death records; except that an applicant shall not pay a fee:

(I) For the provision of a certified copy of such a record to:

(A) Another state agency;

(B) A county department of human or social services; or

(C) An individual presenting a letter of referral from a county department of human or social services; or

(II) If the applicant is a delegate child support enforcement unit acting pursuant to article 13 of title 26, C.R.S.;

(b) Any search of the files and records of the state registrar when no certified copy is made, such fee to pertain to each hour or fractional hour of time of the search;

(c) The processing of new certificates, delayed certificates, or corrected certificates;

(d) The verification of marriage or divorce;

(e) The reproduction of various vital statistics, publications, reports, and data services; and

(f) The verification of a civil union or dissolution of a civil union.

(3) To preserve vital statistics records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports. When certified by the state registrar, such reproductions shall be accepted as the original records. The documents from which permanent reproductions have been made and verified may be disposed of as provided by regulation.
C.R.S. § 25-5.5-204 — CO Code / Title 25 / Article 5.5 / Part 2 / Section 25-5.5-204
25-5.5-204. Imitation dairy products - labeling
Status: in_force

25-5.5-204. Imitation dairy products - labeling. (1) It is unlawful for a person to manufacture, sell, or exchange, to offer for sale or exchange, or to transport or possess any imitation dairy product unless the imitation dairy product is properly labeled, branded, or otherwise marked for identification. The department is authorized to evaluate and rule upon compliance with this requirement.

(2) Ingredients shall be listed by the common or usual name in the order of descending predominance. The declaration shall be presented on any appropriate information panel in adequate type size without obscuring design or vignettes and without crowding. The entire ingredient statement shall appear on a single panel of the label.
C.R.S. § 25-4-406 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-406
25-4-406. Reports - confidentiality
Status: in_force

25-4-406. Reports - confidentiality. (1) The public health reports required pursuant to section 25-4-405 and any records resulting from compliance with that section held by the state department and county and district public health agencies, or any health-care provider, facility, third-party payer, physician, clinic, laboratory, blood bank, health records database, or other agency, are confidential information. The information shall only be released, shared with any agency or institution, or made public, upon subpoena, search warrant, discovery proceedings, or otherwise, under the following circumstances:

(a) For statistical purposes, but only in a manner such that an individual cannot be identified from the information released;

(b) To the extent necessary to enforce the provisions of this part 4 and related rules concerning the treatment, control, prevention, and investigation of sexually transmitted infections by public health officers;

(c) To health-care providers and medical personnel in a medical emergency to the extent necessary to protect the health or life of the named party;

(d) To agencies responsible for receiving or investigating reports of child abuse or neglect in accordance with the provisions of the "Child Protection Act of 1987", part 3 of article 3 of title 19, C.R.S., if an officer or employee of the state department or a local public health agency makes a report of child abuse or neglect; or

(e) Pursuant to section 18-3-415.5, C.R.S., to a district attorney for the information specified in said section, or, for the purposes of a sentencing hearing, oral and documentary evidence limited to whether a person who has been bound over for trial for any sexual offense, as described in section 18-3-415.5, C.R.S., was provided with notice or discussion that he or she had tested positive for a sexually transmitted infection and the date of such notice or discussion.

(1.5) In accordance with subsection (1)(a) of this section, for statistical purposes, the state department shall make available to county and district public health agencies de-identified case rate data for syphilis that is specific to the county or district, which data must remain confidential pursuant to this section.

(2) An officer or employee of the state department or a local public health agency must not be examined in any judicial, executive, legislative, or other proceedings as to the existence or content of any individual's report by such department pursuant to this part 4 or as to the existence of the content of the reports received pursuant to section 25-4-405 or the result of an investigation conducted pursuant to section 25-4-408. The provisions of this subsection (2) do not apply to administrative or judicial proceedings held pursuant to section 25-4-412 or 25-4-413.

(3) Information in medical records concerning the diagnosis and treatment of a sexually transmitted infection is considered medical information, is not part of public health reports, and is protected from unauthorized disclosure pursuant to the provisions of section 18-4-412, C.R.S.
C.R.S. § 25-7-114.6 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-114.6
25-7-114.6. Emission notice - fees
Status: in_force

25-7-114.6. Emission notice - fees. (1) The commission shall designate by regulations those classes of minor or insignificant sources of air pollution which are exempt from the requirement for an emission notice or the payment of an emission notice filing fee because of their negligible impact upon air quality.

(2) An air pollution emission notice shall be deemed to run with the land. The moneys collected pursuant to this section and sections 25-7-403 and 25-7-510 shall be remitted to the state treasurer, who shall credit the same to the stationary sources control fund created in section 25-7-114.7 and subject to the provisions of said section.

(3) The general assembly shall direct the commission to adjust any fees imposed by this section so that the revenues approximate the annual appropriations to the division to carry out its duties under this subsection (3) with respect to stationary sources.
C.R.S. § 25-7-507 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-507
25-7-507. Certification required under federal law for asbestos projects in facilities
Status: in_force

25-7-507. Certification required under federal law for asbestos projects in facilities. Pursuant to the federal "Asbestos Hazard Emergency Response Act of 1986", Public Law 99-519, codified at 15 U.S.C. sec. 2641 et seq., as amended, and the federal "Asbestos School Hazard Abatement Reauthorization Act of 1990", Public Law 101-637, as amended, the division shall certify, in the manner required under the federal law, all persons engaged in the inspection of any building, facility, or property, the preparation of management plans for any building, facility, or property, the design of abatement actions in any building, facility, or property, or the conduct of abatement actions in any building, facility, or property.
C.R.S. § 25-4-503 — CO Code / Title 25 / Article 4 / Part 5 / Section 25-4-503
25-4-503. Examination of sputum
Status: in_force

25-4-503. Examination of sputum. (Deleted by amendment)
C.R.S. § 25-49-102 — CO Code / Title 25 / Article 49 / Section 25-49-102
25-49-102. Definitions
Status: in_force

25-49-102. Definitions. As used in this article 49, unless the context otherwise requires:

(1) "Agency" means a government department or agency or a government-created entity.

(2) "CPT code" means the current procedural terminology code, or its successor code, as developed and copyrighted by the American Medical Association or its successor entity.

(3) "Health-care facility" means a facility licensed or certified by the department of public health and environment pursuant to section 25-1.5-103. The term does not include a nursing care facility, assisted living residence, or home care agency.

(4) (a) "Health-care price" means the price, before negotiating any discounts, that a health-care provider or health-care facility will charge a recipient for health-care services that will be rendered. "Health-care price" is the price charged for the standard service for the particular diagnosis and does not include any amount that may be charged for complications or exceptional treatment. The health-care price for a specific health-care service may be determined from any of the following:

(I) The price charged most frequently for the health-care service during the previous twelve months;

(II) The highest charge from the lowest half of all charges for the health-care service during the previous twelve months; or

(III) A range that includes the middle fifty percent of all charges for the health- care service during the previous twelve months.

(b) "Health-care price" does not mean the amount charged if a public or private third party will be paying or reimbursing the health-care provider or health-care facility for any portion of the cost of services rendered.

(5) "Health-care provider" means a person who is licensed, certified, or registered by this state to provide health-care services or a medical group, independent practice association, or professional corporation providing health-care services.

(6) (a) "Health-care services" or "services" means services included in, or incidental to, furnishing to an individual:

(I) Medical, mental, dental, or optometric care or hospitalization; or

(II) Other services for the purpose of preventing, alleviating, curing, or healing a physical illness, an injury, or a mental health disorder.

(b) "Health-care services" includes services rendered through the use of telemedicine.

(7) "Health insurer" means a carrier, as defined in section 10-16-102 (8), disability insurer, group disability insurer, or blanket disability insurer.

(8) (a) "Public or private third party" means a health insurer, self-insured employer, or other third party, including a third-party administrator or intermediary, responsible for paying all or a portion of the charges for health-care services.

(b) "Public or private third party" does not mean:

(I) An employer of the recipient of the health-care services that is not responsible for paying the charges for the health-care services provided to the recipient;

(II) A person paying money from a health savings account, flexible spending account, or similar account; or

(III) A family member, charitable organization, or other person who is not responsible for, but pays charges for, health-care services on behalf of the recipient of the services.

(9) "Punish" means to impose a penalty, surcharge, fee, or other additional cost or measure that has the same effect as a penalty or that discourages the exercise of rights under this article 49.

(10) "Recipient" means an individual who receives health-care services from a health-care provider or health-care facility.

(11) "Self-pay" means payment without the assistance of a public or private third party.
C.R.S. § 25-59-105 — CO Code / Title 25 / Article 59 / Section 25-59-105
25-59-105. Costs associated with living organ donation
Status: in_force

25-59-105. Costs associated with living organ donation. On and after January 1, 2022, a health-care provider shall not bill or charge a living organ donor for any costs associated with providing health-care services related to living organ donation.
C.R.S. § 25-15-103 — CO Code / Title 25 / Article 15 / Part 1 / Section 25-15-103
25-15-103. Technical assistance
Status: in_force

25-15-103. Technical assistance. The department may upon request provide technical advice to hazardous waste generators, to owners or operators of treatment plants, storage facilities, or disposal sites, and to counties and municipalities in which such facilities may be located in order to assure that appropriate measures are taken to protect the public health, safety, and welfare and the environment. The department may charge its actual costs of providing compliance assistance; except that, for company-specific compliance assistance, the department shall not charge fees for the first two hours in any given fiscal year.
C.R.S. § 25-17-105.5 — CO Code / Title 25 / Article 17 / Part 1 / Section 25-17-105.5
25-17-105.5. Pilot program - cathode ray tube product recycling
Status: repealed

25-17-105.5. Pilot program - cathode ray tube product recycling. (1) The executive director of the department of public health and environment shall establish a cathode ray tube recycling pilot program, only if the department has received a grant, gift, or bequest pursuant to subsection (3) of this section that is sufficient to do so, for the purpose of:

(a) Minimizing the number of cathode ray tube products that are disposed of within Colorado, including through public education regarding:

(I) Why the disposal of cathode ray tube products in landfills should be minimized; and

(II) How to recycle cathode ray tube products;

(b) Developing local markets and business opportunities based on the recycling and reuse of cathode ray tube products;

(c) Encouraging private industry and public-private partnerships to undertake research and development of new technologies for the recycling, waste minimization, and disposal of cathode ray tube products;

(d) Providing businesses and individuals with easy access to cathode ray tube product recycling centers; and

(e) Leveraging public support of cathode ray tube recycling with private grants and in-kind contributions to the pilot program.

(2) The executive director of the department of public health and environment may make grants or loans to private industry and public-private partnerships for the purposes specified in subsection (1) of this section from any moneys in the cathode ray tube recycling fund, which fund is hereby created; except that said grants and loans shall be made only to entities that are located, or will be located, in Colorado.

(3) The executive director of the department of public health and environment is hereby authorized to request, receive, and expend grants, gifts, and bequests, specifically including federal moneys, and other moneys available from any public or private source, excluding appropriations from the general fund, for the purposes specified in subsection (1) of this section, subject to annual appropriation by the general assembly. The executive director shall transmit such moneys to the state treasurer, who shall credit the moneys to the cathode ray tube recycling fund.

(4) The general assembly shall make annual appropriations out of the cathode ray tube recycling fund to the department of public health and environment in an amount equal to the department's direct administrative costs in administering the cathode ray tube recycling pilot program and for purposes consistent with subsections (1) and (2) of this section, including developing and distributing public education materials.

(5) Repealed.
C.R.S. § 25-8-605 — CO Code / Title 25 / Article 8 / Part 6 / Section 25-8-605
25-8-605. Cease-and-desist orders
Status: in_force

25-8-605. Cease-and-desist orders. If the division determines, with or without hearing, that a violation of any provision of this article or of any order, permit, or control regulation issued or promulgated under authority of this article exists, the division may issue a cease-and-desist order. Such order shall set forth the provision alleged to be violated, the facts alleged to constitute the violation, and the time by which the acts or practices complained of must be terminated.
C.R.S. § 25-7-510 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-510
25-7-510. Fees
Status: in_force

25-7-510. Fees. (1) (a) The fees required pursuant to this part 5 shall be established pursuant to rules and regulations promulgated by the commission.

(b) The commission shall adjust the fees so that the revenue generated from such fees is sufficient to cover the division's direct and indirect costs in implementing the provisions of this part 5.

(2) All fees collected by the division pursuant to this part 5 shall be transmitted to the state treasurer, who shall credit the same to the stationary sources control fund established pursuant to section 25-7-114.7 (2)(b). The general assembly shall appropriate to the department of public health and environment, at least annually, from the fund, an amount sufficient to implement the provisions of this part 5.
C.R.S. § 25-5-317 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-317
25-5-317. Rules and regulations
Status: in_force

25-5-317. Rules and regulations. The department of public health and environment shall have the right to promulgate rules and regulations deemed necessary for the proper enforcement of this part 3 and not inconsistent therewith.
C.R.S. § 25-37-113 — CO Code / Title 25 / Article 37 / Section 25-37-113
25-37-113. Article inapplicable - when
Status: in_force

25-37-113. Article inapplicable - when. (1) [Editor's note: This version of the introductory portion to subsection (1) is effective until July 1, 2025.] This article shall not apply to:

(1) [Editor's note: This version of the introductory portion to subsection (1) is effective July 1, 2025.] This article 37 does not apply to:

(a) An exclusive contract with a single medical group in a specific geographic area to provide or arrange for health-care services; however, this article shall apply to contracts for health-care services between the medical group and other medical groups;

(b) A contract or agreement for the employment of a health-care provider or a contract or agreement between health-care providers;

(c) A contract or arrangement entered into by a hospital or health-care facility that is licensed or certified pursuant to section 25-3-101;

(d) [Editor's note: This version of subsection (1)(d) is effective until July 1, 2025.] A contract between a health-care provider and the state or federal government or their agencies for health-care services provided through a program for workers' compensation, medicaid, medicare, the children's basic health plan provided for in article 8 of title 25.5, C.R.S., or the Colorado indigent care program created in part 1 of article 3 of title 25.5, C.R.S.;

(d) [Editor's note: This version of subsection (1)(d) is effective July 1, 2025.] A contract between a health-care provider and the state or federal government or their agencies for health-care services provided through a program for workers' compensation, medicaid, medicare, or the children's basic health plan provided for in article 8 of title 25.5;

(e) Contracts for pharmacy benefit management, such as with a pharmacy benefit management firm as defined in section 10-16-102, C.R.S.; except that this exclusion shall not apply to a contract for health-care services between a person or entity and a pharmacy, pharmacist, or professional corporation or corporate entity consisting of pharmacies or pharmacists as permitted by the laws of this state; or

(f) A contract or arrangement entered into by a hospital or health-care facility that is licensed or certified pursuant to section 25-3-101, or any outpatient service provider that has entered into a joint venture with the hospital or is owned by the hospital or health-care facility.
C.R.S. § 25-8-904 — CO Code / Title 25 / Article 8 / Part 9 / Section 25-8-904
25-8-904. Report and recommendation regarding expansion required - legislative declaration
Status: in_force

25-8-904. Report and recommendation regarding expansion required - legislative declaration. (1) It is the general assembly's intent that, subject to the availability of future appropriations, the requirements described in this part 9 concerning the testing and remediation of drinking water sources in eligible schools should be expanded to apply to schools other than those schools that are eligible schools, and such schools should also be made eligible to receive reimbursement for costs incurred in complying with such requirements. To this end, the department is required to advise the general assembly in the form of the report described in subsection (2) of this section.

(2) On or before February 28, 2024, the department shall report to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or to any successor committees, concerning the department's activities under this part 9. Specifically, the department shall include in the report the amount of money, if any, that remains in the fund on the date of the report. If the department determines that sufficient money remains in the fund, then eligible schools that serve any of grades six through eight shall comply with the testing requirement described in section 25-8-903 (1)(a)(I) on or before November 30, 2024. The department shall post notice of its determination on its public website as soon as practicable.
C.R.S. § 25-29-103 — CO Code / Title 25 / Article 29 / Section 25-29-103
25-29-103. Denver health and hospital authority
Status: repealed

25-29-103. Denver health and hospital authority. (1) There is hereby created the Denver health and hospital authority, which shall be a body corporate and a political subdivision of the state, which shall not be an agency of the state or local government, and which shall not be subject to administrative direction or control by any department, commission, board, bureau, or agency of state or local government.

(2) Prior to July 1, 2016, the authority shall be governed by a nine-member board of directors, and on and after July 1, 2016, the authority shall be governed by an eleven-member board of directors. The board shall be responsible for the operation of the health system. The mayor shall appoint the members of the board whose appointments shall be conditioned upon confirmation by the Denver city council. Of the nine members first appointed, four shall serve a term of two years and five shall serve a term of five years. Thereafter, all members, including the two members first appointed for terms beginning on July 1, 2016, shall serve five-year terms. Actions of the board shall require the affirmative vote of the majority of the total membership of the board. The board shall annually elect a chairperson from among its members. Any member may be elected to serve successive terms as chairperson.

(3) Each member of the board of directors shall hold office until a successor is appointed and qualified. Any member shall be eligible for reappointment, but voting members shall not be eligible to serve more than two consecutive full terms. Members of the board shall receive no compensation for such services but may be reimbursed for necessary expenses while serving on the board. Any vacancy in office shall be filled in the same manner provided for original appointments.

(4) (a) Repealed.

(b) On and after July 1, 2015, any member may be removed upon a unanimous vote of the board, excluding the member to be removed, and approval of the mayor. The decision to remove a board member pursuant to this paragraph (b) shall be based on the board's determination that the member to be removed has failed to perform his or her duties as a board member or has engaged in conduct detrimental to the hospital authority or the board. Prior to the removal of the member, the board shall provide written notice to the member. A member removed from the board pursuant to this paragraph (b) does not have the right to appeal the board's decision to remove the member from the board.

(5) No part of the revenues or assets of the authority shall inure to the benefit of, or be distributed to, members of the board of directors, officers of the authority, or any other private person or entity; except that the authority may make reasonable payments for expenses incurred on its behalf relating to any of its lawful purposes and the authority is also authorized and empowered to pay reasonable compensation for services rendered to or for its benefit relating to any of its lawful purposes.

(6) The authority and its corporate existence shall continue until terminated by law; except that no such law shall take effect so long as the authority has outstanding bonds, notes, or other obligations unless adequate provisions have been made for the payment of such outstanding debt.
C.R.S. § 25-29-120 — CO Code / Title 25 / Article 29 / Section 25-29-120
25-29-120. Annual report
Status: in_force

25-29-120. Annual report. The authority shall submit to the mayor of the city within six months after the end of the fiscal year a report which shall set forth a complete and detailed operating and financial statement of the authority during such year. Also included in the report shall be any recommendations with reference to additional legislation or other action that may be necessary to carry out the purposes of the authority.
C.R.S. § 25-17-405 — CO Code / Title 25 / Article 17 / Part 4 / Section 25-17-405
25-17-405. Paint stewardship program requirements - annual reports - customer information
Status: in_force

25-17-405. Paint stewardship program requirements - annual reports - customer information. (1) A paint stewardship program must be financed and either managed or contracted by a producer or group of producers. The program must be implemented statewide and include:

(a) The collection, transportation, reuse, recycling, and disposal of postconsumer architectural paint; and

(b) Initiatives to reduce the generation of postconsumer architectural paint.

(2) A paint stewardship program shall comply with any fire, hazardous waste, or other relevant ordinances or resolutions adopted by a local government.

(3) (a) On or after March 31 of the second year of a paint stewardship program's implementation, and annually thereafter, one or more participating producers, or a stewardship organization contracted by one or more producers, shall submit a report to the executive director describing the progress of the paint stewardship program. The paint stewardship program report must include the following information from the preceding calendar year:

(I) A description of the method or methods used to reduce, reuse, collect, transport, recycle, and process postconsumer architectural paint;

(II) The total volume, in gallons, and type of postconsumer architectural paint collected, with the data broken down by:

(A) Collection site; and

(B) Method of waste handling used to handle the collected postconsumer architectural paint, such as reuse, recycling, energy recovery, or waste disposal;

(III) The total volume, in gallons, of postconsumer architectural paint sold in Colorado by the producer or producers participating in the paint stewardship program;

(IV) For the education and outreach program implemented in compliance with section 25-17-404 (2)(i):

(A) Samples of any materials distributed; and

(B) A description of the methodology used and the results of the evaluation conducted pursuant to section 25-17-404 (2)(i)(III). The results must include the percentage of consumers, painting contractors, and retailers made aware of the ways to reduce the generation of postconsumer architectural paint, available opportunities for reuse of postconsumer architectural paint, and collection options for postconsumer architectural paint recycling.

(V) The name, location, and hours of operation of each facility added to or removed from the list developed in accordance with section 25-17-404 (2)(f);

(VI) Any proposed changes to the paint stewardship program plan. The executive director shall review any proposed changes set forth in the annual report in accordance with the review procedures for a revised plan, as set forth in section 25-17-404 (3).

(VII) A copy of an independent third party's report auditing the paint stewardship program. The audit must include a detailed list of the program's costs and revenues.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the executive director shall annually compile the results of the reports received pursuant to subsection (3)(a) of this section into a general report describing the progress of the paint stewardship programs. The executive director shall annually present the report to the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or their successor committees.

(4) As part of the education and outreach program set forth in section 25-17-404 (2)(i), a producer shall distribute paint stewardship program information to all retailers offering the producer's architectural paint for sale. The information may include the following:

(a) Signage that is prominently displayed and easily visible to the consumer;

(b) Written materials that may be provided to the consumer at the time of purchase or delivery or both and templates of those materials for reproduction by the retailer; and

(c) Promotional materials including advertising materials that reference the architectural paint stewardship program.
C.R.S. § 25-17-711 — CO Code / Title 25 / Article 17 / Part 7 / Section 25-17-711
25-17-711. Limited exemption from antitrust, restraint of trade, and unfair trade practices
Status: in_force

25-17-711. Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions. If the program or any other plan approved by the executive director pursuant to this part 7 engages in an activity performed solely in furtherance of implementing the program or plan and in compliance with this part 7, the activity is not a violation of the antitrust, restraint of trade, and unfair trade practices provisions of the "Unfair Practices Act", article 2 of title 6, or the "Colorado State Antitrust Act of 2023", article 4 of title 6.
C.R.S. § 25-4-104 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-104
25-4-104. Protection from dirt
Status: in_force

25-4-104. Protection from dirt. All such factories, buildings, and other places containing food shall be provided with proper doors and screens necessary and adequate to protect against the contamination of the product from flies, dust, or dirt.
C.R.S. § 25-15-102 — CO Code / Title 25 / Article 15 / Part 1 / Section 25-15-102
25-15-102. Effective dates
Status: in_force

25-15-102. Effective dates. (1) Parts 1 and 2 of this article shall take effect July 1, 1981.

(2) Section 25-15-302 shall take effect January 1, 1982.

(3) Part 3 of this article, except section 25-15-302, shall take effect November 2, 1984.
C.R.S. § 25-2-118 — CO Code / Title 25 / Article 2 / Section 25-2-118
25-2-118. Penalties
Status: in_force

25-2-118. Penalties. (1) Except as otherwise provided for in section 25-2-112.7 with respect to misrepresentation of material information in the preparation of a birth certificate, any person who knowingly and willfully makes any false statement in or supplies any false information for or for purposes of deception applies for, alters, mutilates, uses, attempts to use, applies for amendments thereto, or furnishes to another for deceptive use any vital statistics certificate, and any person who knowingly and willfully and for purposes of deception uses or attempts to use or furnishes for use by another any vital statistics certificate knowing that such certificate contains false information or relates to a person other than the person with respect to whom it purports to relate, and any person who manufactures, advertises for sale, sells, or alters any vital statistics certificate knowing or having reason to know that such document establishes or may be used to establish a false status, occupation, membership, license, privilege, or identity for himself or herself or any other person, and any person who uses any such document to commit a crime commits a class 2 misdemeanor.

(2) Any person who willfully violates any of the provisions of this article 2 or refuses or neglects to perform any of the duties imposed upon the person by this article 2 commits a petty offense.
C.R.S. § 25-1.5-506 — CO Code / Title 25 / Article 1.5 / Part 5 / Section 25-1.5-506
25-1.5-506. Colorado health service corps fund - created - acceptance of grants and donation
Status: repealed

25-1.5-506. Colorado health service corps fund - created - acceptance of grants and donations - annual appropriation from marijuana tax cash fund - repeal. (1) The Colorado health service corps fund is hereby created in the state treasury, which fund consists of:

(a) All general fund money appropriated by the general assembly for the Colorado health service corps, the first five hundred thousand dollars of which shall be used solely for loan repayments for nursing faculty;

(b) Damages and penalties collected from breach of contract actions for loan repayment contracts; and

(c) For the 2016-17 fiscal year and each fiscal year thereafter, tobacco litigation settlement money transferred to the fund by the state treasurer pursuant to section 24-75-1104.5 (1.7)(n).

(2) (a) The money in the fund, other than the money described in subsection (1)(c) of this section, is hereby continuously appropriated to the primary care office for the Colorado health service corps. Any money in the fund not expended for the purpose of this part 5 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund.

(b) The money described in subsection (1)(c) of this section is subject to annual appropriation by the general assembly to the primary care office for the Colorado health service corps.

(3) The primary care office is authorized to receive contributions, grants, and services from public and private sources, and to expend public or private contributions and grants, to carry out the purposes of this part 5.

(4) (a) For the 2018-19 fiscal year and each fiscal year thereafter, the general assembly shall appropriate three million five hundred thousand dollars from the marijuana tax cash fund created in section 39-28.8-501 to the primary care office to:

(I) Provide loan repayment for behavioral health-care providers and candidates for licensure participating in the Colorado health service corps; and

(II) Award scholarships to addiction counselors participating in the scholarship program.

(b) Since behavioral health-care providers, candidates for licensure, and addiction counselors provide behavioral health-care services and treatment to people with substance use or mental health disorders, use of money in the marijuana tax cash fund is permitted under section 39-28.8-501 (2)(b)(IV)(C).

(c) Repealed.

(d) (I) In addition to the appropriations described in subsections (4)(a) and (4)(c) of this section, for the 2022-23 state fiscal year, the general assembly shall appropriate twenty million dollars from the behavioral and mental health cash fund created in section 24-75-230 (2)(a) to the primary care office for the purposes described in subsection (4)(a) of this section. If any unexpended or unencumbered money appropriated for a fiscal year remains at the end of that fiscal year, the primary care office may expend the money for the same purposes in the next fiscal year without further appropriation.

(II) The department of public health and environment, the primary care office, and any person who receives money from the primary care office, including each recipient of loan repayments or a scholarship, shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(III) This subsection (4)(d) is repealed, effective January 1, 2025.
C.R.S. § 25-3.5-209 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-209
25-3.5-209. Use of ketamine in prehospital setting when peace officer is present - definitio
Status: in_force

25-3.5-209. Use of ketamine in prehospital setting when peace officer is present - definition. (1) (a) When a peace officer is present at the scene of an emergency, an emergency medical service provider authorized to administer ketamine in a prehospital setting shall only administer ketamine if the provider has:

(I) Weighed the individual to ensure accurate dosage. If the emergency medical service provider is unable to weigh the individual, the emergency medical service provider shall, prior to the administration of ketamine:

(A) Estimate the individual's weight, and at least two personnel who are trained in weight assessments must agree with the weight assessment; and

(B) Attempt to obtain a verbal order from the emergency medical service provider's medical director or their designee, unless there is a verifiable reason the emergency medical service provider cannot obtain a verbal order.

(II) Training in the administration of ketamine, including training to ensure appropriate dosage based on the weight of the individual;

(III) Training in advanced airway support techniques;

(IV) Equipment available to manage respiratory depression; and

(V) Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions.

(b) The medical director of an agency that has a waiver to administer ketamine shall develop any necessary training for emergency medical service providers pursuant to this subsection (1).

(2) An emergency medical service provider who administers ketamine shall:

(a) Provide urgent transport to the individual receiving ketamine; and

(b) Record any complications arising out of such administration, including but not limited to apnea, laryngospasm, hypoxia, hypertension, hypotension, seizure, and cardiac arrest.

(3) Absent a justifiable medical emergency, an emergency medical service provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct.

(4) If an emergency medical service provider does not comply with the provisions of this section, such noncompliance is considered misconduct, as defined in section 25-3.5-205 (5)(b).
C.R.S. § 25-4-902 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-902
25-4-902. Immunization prior to attending school - standardized immunization information
Status: in_force

25-4-902. Immunization prior to attending school - standardized immunization information. (1) A student shall not attend any school in the state of Colorado on or after the dates specified in section 25-4-906 (4) unless he or she has presented one of the following to the appropriate school official:

(a) An up-to-date certificate of immunization from a licensed physician, physician assistant authorized pursuant to section 12-240-107 (6), advanced practice registered nurse, or authorized representative of the department of public health and environment or a local public health agency stating that the student has received immunization against communicable diseases as specified by the state board of health, based on recommendations of the advisory committee on immunization practices of the centers for disease control and prevention in the federal department of health and human services; or

(b) A written authorization signed by one parent or legal guardian, an emancipated student, or a student eighteen years of age or older requesting that local public health officials administer the immunizations; or

(c) A certificate of medical exemption, a certificate of completion of the online education module, or a certificate of nonmedical exemption in compliance with section 25-4-903. A certificate of medical exemption, a certificate of completion of the online education module, or a certificate of nonmedical exemption is only valid if completed in compliance with section 25-4-903.

(1.5) A student is not required to comply with subsection (1) of this section if the student is participating in a nonpublic home-based educational program pursuant to section 22-33-104.5; except that:

(a) A school district may require compliance with subsection (1) of this section pursuant to section 22-33-104.5 (3)(g); and

(b) (I) A school district may require compliance with subsection (1) of this section if the student participating in a nonpublic home-based educational program attends a school of the school district for a portion of the school day;

(II) An institute charter school may require compliance with subsection (1) of this section if the student participating in a nonpublic home-based educational program attends the institute charter school for a portion of the school day; or

(III) A private school may require compliance with subsection (1) of this section if the student participating in a nonpublic home-based educational program attends the private school for a portion of the school day.

(2) If the student's certificate of immunization is not up-to-date according to the requirements of the state board of health, the parent or guardian or the emancipated student or the student eighteen years of age or older shall submit to the school, within fourteen days after receiving direct personal notification that the certificate is not up-to-date, documentation that the next required immunization has been given and a written plan for completion of all required immunizations. The scheduling of immunizations in the written plan shall follow medically recommended minimum intervals approved by the state board of health. If the student begins but does not continue or complete the written plan, he or she shall be suspended or expelled pursuant to this part 9.

(3) Notwithstanding the provisions of subsection (1) of this section, a school shall enroll a student who is in out-of-home placement within five school days after receiving the student's education information and records as required in section 22-32-138, C.R.S., regardless of whether the school has received the items specified in subsection (1) of this section. Upon enrolling the student, the school shall notify the student's legal guardian that, unless the school receives the student's certificate of immunization or a written authorization for administration of immunizations within fourteen days after the student enrolls, the school shall suspend the student until such time as the school receives the certificate of immunization or the authorization.

(4) (a) On or before January 15, 2021, the department of public health and environment shall develop and provide to the department of education and the department of human services a standardized document regarding childhood immunizations. The department of education and the department of human services shall post the standardized immunization document on their websites on or before January 31, 2021, and on or before January 31 each year thereafter. The standardized document must be updated annually and must include, but need not be limited to:

(I) A list of the immunizations required for enrollment in a school and the age at which the immunization is required;

(II) A list of immunizations currently recommended for children by the advisory committee on immunization practices of the centers for disease control and prevention in the federal department of health and human services and the recommended age at which each immunization should be given;

(III) A place on the document where a school can include the school's specific immunization and exemption rates for the measles, mumps, and rubella vaccine and for every other vaccine for the school's enrolled student population for the prior school year compared to the vaccinated children standard described in section 25-4-911; and

(IV) A statement that the school is required to collect and report the information pursuant to this subsection (4)(a) and that the school does not control the school's specific immunization and exemption rates or establish the vaccinated children standard described in section 25-4-911.

(b) On or before February 15, 2021, and on or before February 15 each year thereafter, a school shall include on the document the school's specific immunization and exemption rates for the measles, mumps, and rubella vaccine for the school's enrolled student population for the prior school year compared to the vaccinated children standard described in section 25-4-911. The school may include on the document the school's specific immunization and exemption rates for any other vaccine for the school's enrolled student population for the prior school year. The school shall directly distribute the document to the parent or legal guardian of each student enrolled in its school, emancipated students, or students eighteen years of age or older, consistent with section 25-4-903 (5).

(5) The document created pursuant to subsection (4) of this section shall comply with the provisions of section 25-4-903 (4) regarding allowable exemptions from required immunizations.

(6) Notwithstanding any provision of law to the contrary, a school district that is exercising its authority pursuant to section 22-33-104.5 (3)(g) or an independent school organized pursuant to section 22-33-104 (2)(b) where students are enrolled but do not attend is entitled to only:

(a) A student's immunization records, as provided by the parent or legal guardian; or

(b) A statement signed by a parent or legal guardian that the student is exempt from immunization.
C.R.S. § 25-7-1207 — CO Code / Title 25 / Article 7 / Part 12 / Section 25-7-1207
25-7-1207. Allowances
Status: in_force

25-7-1207. Allowances. Notwithstanding any other provision of this part 12, no owner or operator of a stationary source or group of stationary sources shall lose the benefits of regulatory assurances granted under this part 12 by transferring, selling, banking, or otherwise using allowances established under Title IV of the federal act or by any other federally required trading program of regional or national applicability as a result of entering into a voluntary agreement.
C.R.S. § 25-4-1704 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1704
25-4-1704. Infant immunization program - delegation of authority to immunize minor
Status: in_force

25-4-1704. Infant immunization program - delegation of authority to immunize minor. (1) There is hereby created in the department an infant immunization program which is established to immunize infants against vaccine preventable disease. Such program shall be implemented on and after January 1, 1993.

(2) Every parent, legal guardian, or person vested with legal custody or decision-making responsibility for the medical care of a minor, or person otherwise responsible for the care of an infant residing in this state, shall be responsible for having such infant vaccinated in compliance with the schedule of immunization established by the board of health; except that, failure to vaccinate a child in accordance with this subsection (2) shall not constitute sufficient grounds for any insurance company to deny a claim submitted on behalf of a child who develops a vaccine preventable disease.

(2.5) (a) Subject to the provisions of this subsection (2.5), a parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medical care of a minor, or such other adult person responsible for the care of a minor in this state, other than any employee of a licensed child care center in which the minor is enrolled, may delegate, verbally or in writing, that person's authority to consent to the immunization of a minor to a stepparent, an adult relative of first or second degree of kinship, or an adult child care provider who has care and control of the minor. Any immunization administered pursuant to a delegation of authority under this subsection (2.5) shall be administered only at a health-care clinic, hospital, office of a private practitioner, or county public health clinic.

(b) If a parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medial care of a minor, or other adult person responsible for the care of a minor in this state verbally delegates his or her authority to consent to the immunization of a minor under this subsection (2.5), the person to whom such authority is thereby delegated shall confirm the verbal delegation in writing and shall verbally relay any relevant health history to the administering practitioner. The practitioner administering the vaccination shall include the written confirmation in the minor's medical record. If a parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medical care of a minor, or other adult person responsible for the care of a minor in this state delegates his or her authority to consent to the immunization of a minor under this subsection (2.5) in writing, such writing shall include the relevant health history, and the practitioner administering the vaccination shall include a copy of the written delegation of authority in the minor's medical record.

(c) A person who consents to the immunization of a minor pursuant to a delegation of authority under this subsection (2.5) shall provide the practitioner with sufficient and accurate health information about the minor for whom the consent is given and, if necessary, sufficient and accurate health information about the minor's family to enable the practitioner to assess adequately the risks and benefits inherent in the proposed immunization and to determine whether the immunization is advisable.

(d) A person may not consent to the immunization of a minor pursuant to this subsection (2.5) if:

(I) The person has actual knowledge that the parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medical care of a minor, or other adult person responsible for the care of a minor in this state has expressly refused to give consent to the immunization; or

(II) The parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medical care of a minor, or other adult person responsible for the care of a minor in this state has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.

(3) In addition to the immunization obligations set forth in section 25-4-905, relating to the immunization of indigent children, and except as provided in subsection (4) of this section, the department shall provide at public expense, subject to available appropriations, systematic immunizations to those infants that are not exempt from such immunization pursuant to paragraph (a) or (b) of subsection (4) of this section. The manner and frequency of vaccine administration shall conform to recognized standards of medical practice which are necessary for the protection of public health.

(4) An infant shall be exempted from receiving the required immunizations:

(a) Upon submitting certification from a licensed physician or advanced practice registered nurse that the physical condition of the infant is such that one or more specified immunizations would endanger the infant's life or health; or

(b) Upon submitting a statement signed by one parent or guardian that such parent or guardian adheres to a religious belief whose teachings are opposed to immunizations, or that such parent or guardian has a personal belief that is opposed to immunization.
C.R.S. § 25-7-128 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-128
25-7-128. Local government - authority - penalty
Status: repealed

25-7-128. Local government - authority - penalty. (1) Home rule cities, cities, towns, counties, and cities and counties are hereby authorized to enact local air pollution resolutions or ordinances. Every such resolution or ordinance shall provide for hearings, judicial review, and injunctions consistent with sections 25-7-118 to 25-7-121 and shall include emission control regulations which are at least the same as, or may be more restrictive than, the emission control regulations adopted pursuant to this article; except that nothing in this article shall prohibit any such local law from controlling any air pollution or air pollution source which is not subject to control under the provisions of this article and except that no permit issued under any local air pollution law with respect to any facility, activity, or process shall ever be construed to relieve any holder thereof from the duty to maintain such facility, activity, or process in compliance with the emission standards and emission control regulations adopted pursuant to this article nor to relieve the division from its duty to enforce such emission standards and emission control regulations with respect to such facility, activity, or process. Any local air pollution standards or regulations submitted and approved as revisions to the state implementation plan shall be enforced as such by the division. In order to assure coordination of efforts to control and abate air pollution, local governmental entities are encouraged to submit their adopted plans and regulations as revisions to the state implementation plan for Colorado.

(2) All local air pollution resolutions and ordinances and orders issued pursuant thereto in existence on March 1, 1979, are validated as though adopted pursuant to the authority of subsection (1) of this section; except that, if any such local resolution, ordinance, or order fails to meet the requirements of this article, the governing body under whose authority such resolution, ordinance, or order was promulgated shall have until July 1, 1979, to amend, modify, or repeal the same so that it will meet the requirements of this article, but, if not so amended, modified, or repealed, the same shall be superseded by this article.

(3) To the extent that a local air pollution resolution adopted by a county is more restrictive than an ordinance adopted by any city or town within such county, the county resolution shall apply in lieu of the city or town ordinance to the extent of the inconsistency.

(4) Any local governmental authority enforcing air pollution control regulations which shall issue any enforcement order or grant any permit shall, at the time of such issuance or granting, transmit to the commission a copy of such order or permit.

(5) Application, operation, and enforcement of valid local air pollution laws shall be completely independent of, but may be concurrent with, the application, operation, and enforcement of this article. The appointment of an air pollution control authority by the division shall in no way affect the duties and responsibilities given the same person or agency under a local air pollution law, and the appointment of an air pollution control authority by a local governmental unit shall in no way affect the duties and responsibilities given the same person or agency by the division.

(6) In order to assure coordination of efforts to control and abate air pollution, at least semiannually the commission and each air pollution control authority created by a local air pollution law shall confer and review each other's records concerning the area subject to such local law and coordinate their respective plans and programs for such area.

(7) No local air pollution control authority shall institute any system or program that:

(a) Conflicts with, or is in any way inconsistent with, air pollution emergency plans promulgated by the governor pursuant to section 25-7-112 (2);

(b) Is more stringent than a corresponding state provision with respect to measures to preserve the stratospheric ozone layer;

(c) Is more stringent than a corresponding state provision with respect to hazardous air pollutants; except that this paragraph (c) shall not limit local zoning powers and ordinances enacted pursuant to other authorities under state law;

(d) Does not contain provisions to ensure adequate reimbursement of state compliance and administrative expenses as required by section 25-7-114.7 (2)(a)(I)(C);

(e) Is more stringent than a corresponding state provision with respect to asphalt and concrete plants and crushing equipment;

(f) Imposes less restrictive requirements on its own stationary sources than those imposed on similar nongovernmental sources.

(8) Any person who violates any emission standard or emission control regulation adopted by a local governmental entity, where such local government has not submitted its standards or regulations as revisions to the state implementation plan, shall be subject to a civil penalty of not more than three hundred dollars. Each day during which such a violation occurs shall be deemed a separate offense.
C.R.S. § 25-11-305 — CO Code / Title 25 / Article 11 / Part 3 / Section 25-11-305
25-11-305. Restriction - termination
Status: in_force

25-11-305. Restriction - termination. (1) Nothing in this part 3 shall supersede the provisions of part 1 of this article.

(2) The authority to participate in federal implementation of remedial actions at designated processing sites shall terminate at such time as the authority of the federal government to perform remedial action terminates under the provisions of section 112 (a) of Public Law 95-604.
C.R.S. § 25-2-112.7 — CO Code / Title 25 / Article 2 / Section 25-2-112.7
25-2-112.7. Crime of misrepresentation of material information in the preparation of a birth
Status: in_force

25-2-112.7. Crime of misrepresentation of material information in the preparation of a birth certificate - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Birth parent" means a parent who gave birth to a child born in this state. "Birth parent" also includes a person presumed to be a parent or an alleged genetic parent in accordance with sections 19-4-105 and 25-2-112 (3) or a parent who signs a voluntary acknowledgment of parentage or is recognized pursuant to section 19-4-106.

(b) "Material information" means the legal name of a birth parent, the birth date of a birth parent, the mother's maiden name prior to a first marriage, if applicable, and the place of birth of a birth parent.

(2) A birth parent commits the crime of misrepresentation of material information in the preparation of a birth certificate if the birth parent knowingly and intentionally misrepresents material information that is used to create a child's birth certificate.

(3) The crime of misrepresentation of material information in the preparation of a birth certificate is a petty offense.
C.R.S. § 25-5-511 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-511
25-5-511. Publicity
Status: in_force

25-5-511. Publicity. (1) The executive director may cause to be published from time to time reports summarizing any judgments, decrees, or court orders which have been rendered under this part 5, including the nature of the charge and the disposition thereof.

(2) The executive director may also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the executive director, imminent danger to health. Nothing in this section shall be construed to prohibit the executive director from collecting, reporting, and illustrating the results of the investigations of the department.
C.R.S. § 25-58-107 — CO Code / Title 25 / Article 58 / Section 25-58-107
25-58-107. Severability
Status: in_force

25-58-107. Severability. If any provision of this article 58 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article 58 that can be given effect without the invalid provision or application, and to this end the provisions of this article 58 are severable.
C.R.S. § 25-15-209 — CO Code / Title 25 / Article 15 / Part 2 / Section 25-15-209
25-15-209. Inventory required
Status: in_force

25-15-209. Inventory required. The operator of every hazardous waste disposal site shall maintain an inventory of the types of hazardous wastes accepted for disposal at such site, and a copy of such inventory shall be provided to any person upon request and upon payment of a reasonable charge for the costs of the reproduction. Upon a closure of the site, a final inventory shall be prepared and filed with the department where it shall remain available for public inspection and copying at a reasonable cost.
C.R.S. § 25-7-302 — CO Code / Title 25 / Article 7 / Part 3 / Section 25-7-302
25-7-302. State implementation plan - contents
Status: in_force

25-7-302. State implementation plan - contents. The attainment program embodied in the state implementation plan may, with respect to proposed new or modified major stationary sources within nonattainment areas which would cause or contribute to a violation of a national ambient air quality standard, provide an allowance for growth while providing reasonable further progress toward attainment, and new sources may be allowed that do not result, individually or in the aggregate, in emissions that exceed the allowance. Particulate matter not of a size or substance to adversely affect public health or welfare shall not be considered in determining whether any applicable growth allowance has been consumed. Modifications to an existing facility within a source may be allowed which are accompanied by emission reduction offsets within the same source sufficient to provide no net increase in emissions of an air pollutant from the source. If an applicable growth allowance has been consumed, the attainment program shall permit sources to be constructed only if emission reduction offsets providing a greater than one-for-one emission reduction are obtained from existing sources sufficient to provide reasonable further progress toward attaining the applicable national ambient air quality standards by the attainment date prescribed under Part D (Nonattainment Program) of the federal act. Any emission offsets required for sulfur dioxide, particulates, and carbon monoxide shall provide a positive net air quality benefit in the area affected by the proposed source.
C.R.S. § 25-1-119 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-119
25-1-119. Disposition and expenditures of moneys from fund
Status: repealed

25-1-119. Disposition and expenditures of moneys from fund. (Repealed)
C.R.S. § 25-4-606 — CO Code / Title 25 / Article 4 / Part 6 / Section 25-4-606
25-4-606. Animals to be confined to prevent spread of rabies
Status: in_force

25-4-606. Animals to be confined to prevent spread of rabies. Whenever the board of health of a health department or the county board of health has reason to believe or has been notified by the department of public health and environment that there is imminent danger that rabies may spread within that county or district, such board shall serve public notice by publication in a newspaper of general circulation in such county or district covered by such department requiring the owners of dogs, cats, other pet animals, or other mammals specified to confine such dogs, cats, pet animals, or mammals for such period as may be necessary to prevent the spread of rabies in such county or district.
C.R.S. § 25-37-105 — CO Code / Title 25 / Article 37 / Section 25-37-105
25-37-105. Contract modification by operation of law
Status: in_force

25-37-105. Contract modification by operation of law. Notwithstanding section 25-37-103 (3), a contract may be modified by operation of law as required by any applicable state or federal law or regulation, and the person or entity may disclose this change by any reasonable means.
C.R.S. § 25-15-503 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-503
25-15-503. Certificate required - incineration or processing of hazardous waste prohibited
Status: in_force

25-15-503. Certificate required - incineration or processing of hazardous waste prohibited - exceptions. (1) Any person desiring to own or operate a hazardous waste incinerator or processor shall first obtain a certificate of designation from the governing body having jurisdiction over the area in which such proposed hazardous waste incinerator or processor site is located.

(2) Hazardous waste incineration or processing by any person is prohibited except on or at a hazardous waste incinerator or processor site for which a certificate of designation has been obtained as provided in this part 5.

(3) Notwithstanding the provisions of subsections (1) and (2) of this section and section 25-15-507, any existing hazardous waste incinerator or processor shall be an approved activity for which obtaining a certificate of designation under the provisions of this part 5 shall be unnecessary.
C.R.S. § 25-5-1008 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1008
25-5-1008. Complaints - investigation
Status: in_force

25-5-1008. Complaints - investigation. The department shall have the authority to investigate complaints regarding any injury, accident, or the unsafe operation of an artificial tanning device.
C.R.S. § 25-1-124.5 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-124.5
25-1-124.5. Nursing care facilities - employees - record check - adult protective services d
Status: in_force

25-1-124.5. Nursing care facilities - employees - record check - adult protective services data system check - definition. (1) On and after September 1, 1996, prior to employing any person, a nursing care facility or the person seeking employment at a nursing care facility shall make an inquiry to the director of the Colorado bureau of investigation or to private criminal background check companies authorized to do business in the state of Colorado to ascertain whether the person has a criminal history, including arrest and conviction records. The Colorado bureau of investigation or private criminal background check companies are authorized to utilize fingerprints to ascertain from the federal bureau of investigation whether the person has a criminal history record. When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the nursing care facility shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The nursing care facility or the person seeking employment in a nursing care facility shall pay the costs of an inquiry or a name-based judicial record check performed pursuant to this section. The record check must be conducted not more than ninety days prior to the employment of the applicant. For purposes of this section, criminal background check companies must be approved by the state board of nursing. In approving the companies, approval must be based upon the provision of lawfully available, accurate, and thorough information pertaining to criminal histories, including arrest and conviction records.

(2) As used in this section, "nursing care facility" includes:

(a) A nursing facility as defined in section 25.5-4-103 (14), C.R.S.;

(b) An intermediate nursing facility for persons with intellectual and developmental disabilities as defined in section 25.5-4-103 (9);

(c) An adult day care facility as defined in section 25.5-6-303 (1), C.R.S.;

(d) An alternative care facility as defined in section 25.5-6-303 (3), C.R.S.;

(e) Any business that provides temporary nursing care services or that provides personnel who provide such services.

(3) In addition to the background check required pursuant to this section, on and after January 1, 2024, prior to employment, a nursing care facility shall submit the name of a person who will be providing direct care, as defined in section 26-3.1-101 (3.5), to an at-risk adult, as defined in section 26-3.1-101 (1.5), and the name of a person who will be serving as a nursing home administrator, as defined in section 12-265-103 (2), as well as any other required identifying information, to the department of human services for a check of the Colorado adult protective services data system pursuant to section 26-3.1-111, to determine if the person is substantiated in a case of mistreatment of an at-risk adult.
C.R.S. § 25-15-324 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-324
25-15-324. Coordination with affected local governments
Status: in_force

25-15-324. Coordination with affected local governments. (1) For purposes of this part 3, "affected local government" means every county, city and county, or municipality in which land subject to an environmental covenant or restrictive notice is located. The department shall provide each affected local government with a copy of every environmental covenant and restrictive notice within such local government's jurisdiction and shall also provide a copy of any documents modifying or terminating such environmental covenant or restrictive notice.

(2) Whenever an affected local government receives an application affecting land use or development of land that is subject to an environmental covenant or restrictive notice and that may relate to or impact such covenant or restrictive notice, the affected local government shall notify the department of the application. The department shall evaluate whether the application is consistent with the environmental covenant or restrictive notice and shall notify the affected local government of the department's determination in a timely fashion, considering the time frame for the local government's review of the application.
C.R.S. § 25-42-107 — CO Code / Title 25 / Article 42 / Section 25-42-107
25-42-107. Authority granted supplemental to other authority
Status: in_force

25-42-107. Authority granted supplemental to other authority. The authority granted by this article shall be in addition and supplemental to, and not in lieu of, the authority granted by other laws.
C.R.S. § 25-1-510 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-510
25-1-510. County or district board unable or unwilling to act
Status: in_force

25-1-510. County or district board unable or unwilling to act. (1) If the county or district board is unable or unwilling to efficiently or promptly abate a nuisance or prevent the introduction or spread of a contagious or infectious disease, the county or district board or agency shall notify the state department and request assistance to take measures that will abate the nuisance or prevent the introduction or spread of disease.

(2) Upon receipt of the notice and request described in subsection (1) of this section, or upon determination that the county or district board is unable or unwilling to act, the state department has full power to take measures to ensure the abatement of the nuisance or prevent the introduction or spread of disease. The state department, for this purpose, may assume all powers conferred by law on the county or district board.

(3) The state department may reallocate state moneys from an agency that is not able to provide core public health services or standards to another entity to deliver services in that agency's jurisdiction.
C.R.S. § 25-25-126 — CO Code / Title 25 / Article 25 / Section 25-25-126
25-25-126. Bonds eligible for investment
Status: in_force

25-25-126. Bonds eligible for investment. All banks, bankers, trust companies, savings and loan associations, investment companies, and insurance companies and associations and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds issued pursuant to this article. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.
C.R.S. § 25-5-1308 — CO Code / Title 25 / Article 5 / Part 13 / Section 25-5-1308
25-5-1308. Survey
Status: repealed

25-5-1308. Survey. (1) Once every three years, the department shall conduct a survey of fire departments to determine, as applicable:

(a) Each fire department's name, fire department identification number, and address;

(b) The amount, type, and date of manufacture of any class B firefighting foam that contains intentionally added PFAS chemicals which each fire department possesses;

(c) How, where, and when the fire department has used class B firefighting foam that contains intentionally added PFAS chemicals for firefighter training;

(d) Whether the fire department's stations are served by a well or public drinking water source;

(e) Whether the fire department has used class B firefighting foam that contains intentionally added PFAS chemicals in the last five years, whether that use was reported to the department, and if not when and where the class B firefighting foam that contains intentionally added PFAS chemicals was used; and

(f) How much, if any, class B firefighting foam that contains intentionally added PFAS chemicals the fire department has disposed of.

(2) Repealed.
C.R.S. § 25-3.5-803 — CO Code / Title 25 / Article 3.5 / Part 8 / Section 25-3.5-803
25-3.5-803. Definitions
Status: in_force

25-3.5-803. Definitions. As used in this part 8, unless the context otherwise requires:

(1) "Division" means the division within the department of public health and environment responsible for prevention services.

(2) "Entity" means any local government, county, district, or municipal public health agency, political subdivision of the state, county department of human or social services, state agency, state institution of higher education that offers a teacher education program, school, school district, or board of cooperative services or any private nonprofit or not-for-profit community-based organization. "Entity" also means a for-profit organization that applies for a grant for the sole purpose of providing a statewide public information campaign concerning tobacco use prevention and cessation.

(3) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.

(4) "Program" means the tobacco education, prevention, and cessation grant program created in section 25-3.5-804.

(5) "State board" means the state board of health created in section 25-1-103.
C.R.S. § 25-13-106 — CO Code / Title 25 / Article 13 / Section 25-13-106
25-13-106. Sewage disposal
Status: in_force

25-13-106. Sewage disposal. (1) In organized campgrounds, all sewage shall be disposed of in facilities provided by the campground operator. The operator shall maintain such facilities in the manner prescribed by rules and regulations of the board.

(2) Sewage in recreation areas may be disposed of by burial at a depth greater than six inches at a distance of more than one hundred feet from any surface waters. Adequate precautions shall be taken to prevent the intrusion of such sewage and wastewater upon the environment in a manner which is unhealthful, injurious to the environment, or otherwise degrading to the environment.

(3) Public accommodation sewage and wastewater disposal facilities shall conform to such reasonable rules and regulations as may be promulgated by the board.
C.R.S. § 25-7-301 — CO Code / Title 25 / Article 7 / Part 3 / Section 25-7-301
25-7-301. Attainment program
Status: in_force

25-7-301. Attainment program. (1) The commission shall develop a program providing for the attainment and maintenance of each national ambient air quality standard in each nonattainment area of the state, in conformity with and as provided in Part D (Nonattainment Program) of the federal act.

(2) Subject to the requirement of subsection (1) of this section:

(a) The attainment program shall be designed to account for and regulate all significant sources of air pollution, including stationary, mobile, and indirect sources, and shall assure that air quality benefits of the control measures utilized bear a reasonable relationship to economic, environmental, and energy impacts and other costs of such measures; and

(b) Control measures required pursuant to the attainment program shall take into consideration the respective contributions of different categories of sources to air pollution, existing control measures, and the availability and feasibility of additional control measures.
C.R.S. § 25-5-810 — CO Code / Title 25 / Article 5 / Part 8 / Section 25-5-810
25-5-810. Rules and regulations
Status: in_force

25-5-810. Rules and regulations. The department of public health and environment may adopt any rules and regulations necessary for the proper administration and enforcement of this part 8.
C.R.S. § 25-8-205.3 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205.3
25-8-205.3. Exemption from control regulations for graywater research - definition - repeal
Status: repealed

25-8-205.3. Exemption from control regulations for graywater research - definition - repeal. (1) Subject to the conditions set forth in subsection (2) of this section, a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research on the utility's or institution's behalf may collect, treat, and use graywater in a manner that departs from the requirements of the commission's control regulations, as promulgated pursuant to section 25-8-205 (1)(g), for the purpose of conducting scientific research on the collection, treatment, and use of graywater.

(2) A person collecting, treating, or using graywater pursuant to this section:

(a) Shall collect and use the graywater in accordance with the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows;

(b) Shall utilize a graywater treatment works system that incorporates a secondary water supply, such as a municipal water supply, to provide an alternative source of water if any portion of the system does not function properly; however, this subsection (2)(b) does not apply to scientific research involving the use of graywater exclusively for irrigation purposes;

(c) (I) May collect, treat, and use the graywater in an area that is not within the jurisdiction of any city, city and county, or county that has adopted an ordinance or resolution authorizing graywater use pursuant to section 25-8-205 (1)(g)(II);

(II) This subsection (2)(c) is repealed, effective January 1, 2026.

(d) May use the graywater for a nonpotable beneficial use including irrigation or toilet flushing if such use is tied to the purpose of the person's scientific research;

(e) Must comply with 45 CFR 46 and other applicable statutes and regulations for scientific research involving human exposure to graywater; and

(f) On an annual basis, shall report to the water resources and agriculture review committee, created in section 37-98-102, the results of periodic monitoring of the project conducted to assess:

(I) The functioning of the graywater treatment works system used to collect graywater; and

(II) For scientific research involving human exposure, the project's continued compliance with the requirements of the federal department of health and human services' regulations concerning the protection of human research subjects, codified in 45 CFR 46.

(3) Only an institution of higher education or a person contracting with an institution of higher education may collect, treat, and use graywater for research involving human exposure.

(4) As used in this section, "scientific research involving human exposure" means a research study in which:

(a) Empirical data is collected and analyzed about collection, treatment, or use of graywater; and

(b) Humans participate as subjects in the study.
C.R.S. § 25-4-1809 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1809
25-4-1809. Inspections - investigations - access - subpoena
Status: in_force

25-4-1809. Inspections - investigations - access - subpoena. (1) The department, upon its own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this part 18.

(2) The department shall have the right of access, at any reasonable time, during regular working hours and at other times during which activity is evident, to any premises for the purpose of any examination or inspection necessary to enforce any of the provisions of this part 18 or the rules or standards adopted thereunder.

(3) Complaints of record made to the department and the results of the department's investigations may, in the discretion of the department, be closed to public inspection, except to the person in interest, as defined in section 24-72-202 (4), C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on the person in interest.

(4) (a) The department shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses and the production of books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.

(b) Upon failure or refusal of any witness to obey any subpoena, the department may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
C.R.S. § 25-29-112 — CO Code / Title 25 / Article 29 / Section 25-29-112
25-29-112. General powers of authority
Status: in_force

25-29-112. General powers of authority. (1) In addition to any other powers granted to the authority in this article, the authority shall have the following powers:

(a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state;

(b) To have perpetual existence and succession;

(c) To adopt, have, and use a seal and to alter the seal at its pleasure;

(d) To sue and be sued;

(e) To enter into any contract or agreement not inconsistent with this article or the laws of this state and to authorize the chief executive officer to enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article and to secure the payment of bonds;

(f) To borrow money and to issue bonds evidencing the same;

(g) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, lease, sell, and dispose of personal property, whether tangible or intangible, and any interest therein; and to purchase, lease, trade, exchange, or otherwise acquire real property or any interest therein, and to maintain, hold, improve, mortgage, lease, and otherwise transfer such real property, so long as such transactions do not interfere with the mission of the authority as specified in section 25-29-104;

(h) To acquire space, equipment, services, supplies, and insurance necessary to carry out the purposes of this article;

(i) To deposit any moneys of the authority in any banking institution within or without the state or in any depository authorized in section 24-75-603, C.R.S., and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the moneys of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board of directors requires;

(j) To contract for and to accept any gifts, grants, and loans of funds, property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this article, with the terms and conditions thereof;

(k) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;

(l) To fix the time and place or places at which its regular and special meetings are to be held. Meetings shall be held on the call of the presiding officer, but no less than six meetings shall be held annually.

(m) To adopt and from time to time amend or repeal bylaws and rules and regulations consistent with the provisions of this article; except that article 4 of title 24, C.R.S., shall not apply to the promulgation of any policies, procedures, rules, or regulations of the authority;

(n) To appoint one or more persons as secretary and treasurer of the board and such other officers as the board of directors may determine and provide for their duties and terms of office;

(o) To appoint the authority's chief executive officer and such agents, employees, and professional and business advisers as may from time to time be necessary in its judgment to accomplish the purposes of this article, and to fix the compensation of such chief executive officer, employees, agents, and advisers, and to establish the powers and duties of all such agents, employees, and other persons contracting with the authority;

(p) To waive, by such means as the authority deems appropriate, the exemption from federal income taxation of interest on the authority's bonds, notes, or other obligations provided by the "Internal Revenue Code of 1986", as amended, or any other federal statute providing a similar exemption;

(q) To make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this article, including but not limited to contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies are hereby authorized to enter into and do all things necessary to perform any such arrangement or contract with the authority.

(r) To arrange for guaranties or insurance of its bonds, notes, or other obligations by the federal government or by any private insurer, and to pay any premiums therefor;

(s) To engage in joint ventures, or to participate in alliances, purchasing consortia, health insurance pools, or other cooperative arrangements, with any public or private entity;

(t) To authorize officers or employees of the authority to incorporate a nonprofit corporation to be capitalized and controlled by the authority, or to serve in their official capacities on the governing body of a governmental or nongovernmental entity.
C.R.S. § 25-3-106 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-106
25-3-106. Unincorporated associations
Status: in_force

25-3-106. Unincorporated associations. An unincorporated association organized and existing for the purpose of providing hospital services for its members shall be governed, managed, and controlled by a board of trustees selected in accordance with the provisions of the state constitution and bylaws of such association. Such board of trustees shall have the right to acquire, own, and hold, in the name of such association or in the name of persons who hold title in trust for said association, real property devoted to or connected with hospital purposes and to operate and manage the same in accordance with the laws of this state, and such board of trustees shall have the power and right from time to time to sell, convey, lease, or otherwise dispose of such property, including any hospital building of such association, whenever acquired, and to direct the sale, conveyance, lease, or other disposition of the same by persons who hold the title to such property in trust for said association to such purchaser, lessee, or other person or entity for such price and upon such terms and conditions as may be determined by resolution of the board of trustees of the association adopted by two-thirds vote of the entire board of trustees of such association at any regular or special meeting of said board. The sale, conveyance, lease, or other disposition of such property may be made in the manner provided in this section to any person, corporation, county, municipality, or other entity.
C.R.S. § 25-7-1005 — CO Code / Title 25 / Article 7 / Part 10 / Section 25-7-1005
25-7-1005. Verification of federal land manager's assertion of air quality related value im
Status: in_force

25-7-1005. Verification of federal land manager's assertion of air quality related value impairment. (1) The federal land manager of a class I federal area may initiate the procedures of this part 10 by submitting to the governor and division an assertion of significant impairment of an air quality related value, referred to in this part 10 as an "assertion". To be adequate to support a verification of impairment, the assertion shall be supported by sufficient air quality related value baseline data and site-specific evidence of impairment. The assertion may be supported in part by information that concerns other areas with a similar environment to the class I federal area asserted to be impaired, provided such information is relevant to the class I federal area asserted to be impaired and significant site-specific data is also available.

(2) Upon receipt of an assertion, the division shall initiate the following actions concurrently:

(a) Inform the commission at its next regularly scheduled monthly meeting of the receipt of an assertion, at which time the commission shall schedule the matter for a formal report from the division at the regular commission meeting that is scheduled to occur six months subsequent. All such informational briefings and formal reports on the subject shall be noticed on the published agenda of the commission.

(b) Within sixty days of receipt of the assertion, the division shall convene a peer review panel to review the assertion, its supporting documentation, including the adequacy of the baseline data and the adequacy of the site-specific and other evidence of impairment, and any other relevant information submitted to the division by the public. The requirement for peer review as specified in this paragraph (b) is waived with respect to any peer reviewer who has not submitted peer review comments within sixty days of the date on which the division certifies that the assertion, documentation, and other information has been transmitted to the individual peer reviewers.

(c) Convene a consultation process that is open to the public in order to apprise the public and potentially affected sources and source categories of all stages of the program and to solicit the scientific, technical, economic, and managerial views and assistance of the public and the potentially affected sources and source categories; and

(d) Initiate a review by division staff of the assertion and the supporting documentation submitted by the federal land manager to assess whether the federal land manager has demonstrated a significant impairment of an air quality related value in a class I federal area within Colorado.

(3) At the commission meeting required by paragraph (a) of subsection (2) of this section, the division shall report to the commission. The division's report shall include, but is not limited to, the conclusions of the peer review panel concerning verification of the assertion and the division's determination of whether the federal land manager has demonstrated a significant impairment of an air quality related value in a class I area within Colorado. If the division determines that the assertion has not been verified, it shall so notify the commission and the federal land manager of its findings and the fact that the proceedings authorized under this part 10 have been completed. If the division determines that the assertion has been verified, it shall proceed in accordance with the provisions of section 25-7-1006.
C.R.S. § 25-56-106 — CO Code / Title 25 / Article 56 / Section 25-56-106
25-56-106. Enforcement
Status: in_force

25-56-106. Enforcement. (1) An aggrieved person may commence a civil action in the appropriate district court for injunctive or equitable relief against a covered entity for the purpose of enforcing compliance with this article 56. The aggrieved person may commence the civil action in the district court for the county in which the person resides or resided or the district court for the county in which the organ transplant or related treatment or services were denied.

(2) The district court shall give priority and expedited review to the civil action commenced pursuant to this section and may grant injunctive or other equitable relief that:

(a) Requires auxiliary aids or services be made available to the aggrieved person;

(b) Requires the covered entity to modify a policy, practice, or procedure;

(c) Requires a covered entity to make its health-care facility readily accessible to and available to the aggrieved person; and

(d) Is deemed appropriate by the court.
C.R.S. § 25-15-505 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-505
25-15-505. Grounds for approval
Status: in_force

25-15-505. Grounds for approval. (1) A governing body having jurisdiction shall approve or disapprove an application for a hazardous waste incinerator or processor site certificate of designation within one hundred eighty days after receiving such application. Such governing body having jurisdiction may approve an application for a certificate of designation upon a finding of all of the following factors:

(a) That the proposed hazardous waste incinerator or processor site would not pose a significant threat to the health or safety of the public or the environment, taking into consideration:

(I) The density of population in the areas neighboring such proposed site;

(II) The density of population in the areas that are adjacent to any portion of delivery roads to such proposed site and that lie within a fifty-mile radius of such proposed site; and

(III) The risk of accidents occurring during the transportation of waste to or at the proposed site;

(b) That the applicant has documented such applicant's financial ability to operate the proposed hazardous waste incinerator or processor;

(c) That the applicant, taking into account such applicant's prior performance records, if any, in the treatment, storage, disposal, processing, or incineration of hazardous waste, has documented sufficient reliability, expertise, and competency to operate and manage the proposed hazardous waste incinerator or processor; and

(d) That the proposed site conforms to the comprehensive land use plans and relevant land use regulations of the governing body having jurisdiction; except that, to the extent the commission has promulgated a rule imposing a condition on incinerator or processor operation pursuant to section 25-15-302, such comprehensive land use plans and rules shall not impose a condition more stringent than that contained in such state rule.

(2) In considering an application for a proposed hazardous waste incinerator or processor, the governing body having jurisdiction shall take into account the effect that such hazardous waste incinerator or processor will have on the surrounding property, taking into consideration the types of processing to be used, wind and climatic conditions, and both the quality and quantity of public and private infrastructure necessary to facilitate the construction and subsequent operation of such incinerator, processor, or site.

(3) (a) Prior to the issuance of a certificate of designation for a hazardous waste incinerator or processor, the application, comprehensive land use plans, any relevant zoning ordinances, and any other pertinent information shall be presented to the governing body having jurisdiction at a public hearing to be held after notice. Such notice shall contain the date, time, and location of the hearing and shall state that the matter to be considered at such hearing is the applicant's application for a hazardous waste incinerator or processor. Such notice shall be published in a newspaper having general circulation in the county or municipality in which the proposed hazardous waste incinerator or processor site is located at least ten days but no more than thirty days prior to the date of such hearing. Any such notice shall be printed prominently in at least ten-point, bold-faced type. Such notice shall be posted at the proposed hazardous waste incinerator or processor site for a period beginning at least thirty days before such public hearing and continuing through the date of such hearing.

(b) At any public hearing held pursuant to the provisions of paragraph (a) of this subsection (3), the governing body having jurisdiction shall hear or receive any written or oral testimony presented by the applicant and by governmental entities and residents or any interested party concerning such proposed incinerator or processor site. All such testimony shall be considered by the governing body having jurisdiction in making a decision concerning such application.

(4) The governing body having jurisdiction shall notify the department of the approval or disapproval of any application for a hazardous waste incinerator or processor certificate of designation within five days after such approval or disapproval.

(5) The governing body having jurisdiction over a hazardous waste incinerator or processor may enact local procedural rules in order to implement the provisions of this part 5. If a local procedural rule conflicts with any of the provisions of this article, the provisions of this article shall control.
C.R.S. § 25-7-201 — CO Code / Title 25 / Article 7 / Part 2 / Section 25-7-201
25-7-201. Prevention of significant deterioration program
Status: in_force

25-7-201. Prevention of significant deterioration program. (1) It is the policy of this state to prevent the significant deterioration of air quality in those portions of the state where the air quality is better than the national ambient air quality standards by means including, but not limited to, the following:

(a) Except as provided in section 25-7-209, in areas designated as Class I, II, or III, pursuant to this article and in accordance with the federal act, increases allowed in air pollutant concentrations over the baseline concentration from the construction of major stationary sources or from major modifications shall, in the case of particulate matter and sulfur dioxide, be the same as those increases established by section 163(b) of the federal act and shall, in the case of any other air pollutants, be the same as those increases established pursuant to section 166(a) of the federal act. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

(b) No concentration of an air pollutant shall exceed a national ambient air quality standard.

(c) No major stationary source or major modification shall be constructed unless the requirements of this part 2, as applicable, have been met.
C.R.S. § 25-1-515 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-515
25-1-515. Judicial review of decisions
Status: in_force

25-1-515. Judicial review of decisions. (1) Any person aggrieved and affected by a decision of a county or district board of health or a public health director acting under the provisions of this part 5 shall be entitled to judicial review by filing, in the district court of any county over which the county or district board or public health director has jurisdiction, an appropriate action requesting the review within ninety days after the public announcement of the decision. The court may make any interested person a party to the action. The review shall be conducted by the court without a jury and shall be confined to the record, if a complete record is presented. In a case of alleged irregularities in the record or in the procedure before the county or district board or public health director, testimony may be taken in the court. The court may affirm the decision or may reverse or modify it if the substantial rights of the appellant have been prejudiced as a result of the findings and decision of the county or district board being:

(a) Contrary to constitutional rights or privileges;

(b) In excess of the statutory authority or jurisdiction of the county or district board or public health director;

(c) Affected by any error of law;

(d) Made or promulgated upon unlawful procedure;

(e) Unsupported by substantial evidence in view of the entire record as submitted; or

(f) Arbitrary or capricious.

(2) Any party may have a review of the final judgment or decision of the district court by appellate review in accordance with law and the Colorado appellate rules.
C.R.S. § 25-4-1312 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1312
25-4-1312. Violation - penalty
Status: in_force

25-4-1312. Violation - penalty. Any retail food store owner violating any of the provisions of this part 13 commits a petty offense. It is the duty of the district attorneys of the several districts of this state to prosecute for violations of this part 13 as for other crimes and misdemeanors.
C.R.S. § 25-25-104 — CO Code / Title 25 / Article 25 / Section 25-25-104
25-25-104. Colorado health facilities authority - creation - membership - appointment - ter
Status: in_force

25-25-104. Colorado health facilities authority - creation - membership - appointment - terms - vacancies - removal. (1) There is hereby created an independent public body politic and corporate to be known as the Colorado health facilities authority. Said authority is constituted a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function. The authority shall be a body corporate and a political subdivision of the state and shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, or agency of the state.

(2) The governing body of the authority is a board of directors, which consists of seven members appointed by the governor, with the consent of the senate. The members shall be residents of the state. No more than four of the members may be affiliated with the same political party. Members of the board shall be appointed for terms of four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member shall serve until the member's resignation or, in the case of a member whose term has expired, until a successor has been appointed. Any member shall be eligible for reappointment. The governor shall fill any vacancy by appointment for the remainder of an unexpired term.

(3) (a) Any member of the board may be removed by the governor for misfeasance, malfeasance, willful neglect of duty, or other cause.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (3), a member shall be removed by the governor if such member fails, for reasons other than temporary mental or physical disability or illness, to attend three regular meetings of the board during any twelve-month period without the board having entered upon its minutes an approval for any of such absences.
C.R.S. § 25-8-302 — CO Code / Title 25 / Article 8 / Part 3 / Section 25-8-302
25-8-302. Duties of division
Status: in_force

25-8-302. Duties of division. (1) The division shall:

(a) Carry out the enforcement provisions of this article, including the seeking of criminal prosecution of violations and such other judicial relief as may be appropriate;

(b) Administer the permit system as provided in part 5 of this article;

(c) Monitor waste discharges and the state waters as provided in section 25-8-303;

(d) Submit an annual report to the commission as provided in section 25-8-305;

(e) Maintain a mailing list of persons requesting notice of actions by the division or by the commission and notify persons on the list of such actions, for which service the division shall assess a fee to cover the costs thereof;

(f) Review and certify, conditionally certify, or deny requests for certifications under the provisions of section 401 of the federal act and this article, known as "401 certificates". Conditions attached to the division's certification shall only implement rules which the commission has made applicable to 401 certifications. General or nationwide permits under section 404 of the federal act shall be certified for use in Colorado without the imposition of any additional state conditions. Appeals by an affected entity of a final 401 certification decision of the division shall be heard in accordance with section 24-4-105, C.R.S., of the "State Administrative Procedure Act".

(g) Perform such other duties as may lawfully be assigned to it.
C.R.S. § 25-27.6-106 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-106
25-27.6-106. License - application - inspection - issuance
Status: in_force

25-27.6-106. License - application - inspection - issuance. (1) An application for a license to operate a behavioral health entity must be submitted to the department annually upon the form and in the manner as prescribed by the department.

(2) (a) (I) The department shall investigate and review each original application and each renewal application for a license to operate a behavioral health entity. The department shall determine an applicant's compliance with this article 27.6 and the rules adopted pursuant to section 25-27.6-105 before the department issues a license.

(II) The department shall make inspections of the applicant's facilities as it deems necessary to ensure that the health, safety, and welfare of the behavioral health entity's consumers are being protected. The behavioral health entity shall submit in writing, in a form prescribed by the department, a plan detailing the measures that will be taken to correct any violations found by the department as a result of inspections undertaken pursuant to this subsection (2).

(b) The department shall keep all health-care information or documents obtained during an inspection or investigation of a behavioral health entity pursuant to subsection (2)(a) of this section confidential. All records, information, or documents so obtained are exempt from disclosure pursuant to sections 24-72-204 and 25-1-124.

(3) (a) With the submission of an application for a license to operate a behavioral health entity, or within ten days after a change in owner or manager of a behavioral health entity, each owner and manager shall submit a complete set of the person's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. Each owner and each manager shall pay the bureau the costs associated with the fingerprint-based criminal history record check. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the department. When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(b) The department shall use the information from the record checks performed pursuant to subsection (3)(a) of this section to determine whether the person applying for licensure has been convicted of a felony or misdemeanor that involves conduct that the department determines could pose a risk to the health, safety, or welfare of behavioral health entity consumers. The department shall keep information obtained in accordance with this section confidential.

(4) The department shall not issue a license to operate a behavioral health entity if the owner or manager of the behavioral health entity has been convicted of a felony or misdemeanor that involves conduct that the department determines could pose a risk to the health, safety, or welfare of the behavioral health entity's consumers.

(5) Except as otherwise provided in subsection (6) of this section, the department shall issue or renew a license to operate a behavioral health entity when it is satisfied that the applicant or licensee is in compliance with the requirements set forth in this article 27.6 and the rules promulgated pursuant to this article 27.6. Except for provisional licenses issued in accordance with subsection (6) of this section, a license issued or renewed pursuant to this section expires one year after the date of issuance or renewal.

(6) The department may issue a provisional license to operate a behavioral health entity to an applicant for the purpose of operating a behavioral health entity for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required pursuant to this article 27.6; except that the department shall not issue a provisional license to an applicant if the operation of the behavioral health entity will adversely affect the health, safety, or welfare of the consumers of the behavioral health entity. As a condition of obtaining a provisional license, the applicant shall show proof to the department that attempts are being made to conform and comply with the applicable standards required pursuant to this article 27.6. The department shall not grant a provisional license prior to the completion of a background check in accordance with subsection (3) of this section and a determination in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.
C.R.S. § 25-8-501.1 — CO Code / Title 25 / Article 8 / Part 5 / Section 25-8-501.1
25-8-501.1. Permit required for point source water pollution control - definitions - housed
Status: repealed

25-8-501.1. Permit required for point source water pollution control - definitions - housed commercial swine feeding operations - legislative declaration. (1) The people of the state of Colorado hereby find, determine, and declare that the advent of large housed commercial swine feeding operations in Colorado has presented new challenges to ensuring that the quality of the state's environment is preserved and protected. As distinguished from more traditional operations that historically have characterized Colorado's livestock industry, large housed swine feeding operations use significant amounts of process water for flushing and disposing of swine waste, commonly store this waste in large impoundments, and dispose of it through land application. The waste storage, handling and disposal by such operations are particularly odorous and offensive. The people further find that it is necessary to ensure that the storage and land application of waste by housed commercial swine feeding operations is done in a responsible manner, so as not to adversely impact Colorado's valuable air, land and water resources.

(2) As used in this section, unless the context otherwise requires:

(a) "Agronomic rate of application" means the rate of application of nutrients to plants that is necessary to satisfy the plants' nutritional requirements while strictly minimizing the amount of nutrients that run off to surface waters or which pass below the root zone of the plants, as specified by the most current published fertilizer suggestions of the Colorado state university cooperative extension service for the plants, or most closely related plant type, to which the nutrients are applied.

(b) "Housed commercial swine feeding operation" means a housed swine feeding operation that is capable of housing eight hundred thousand pounds or more of live animal weight of swine at any one time or is deemed a commercial operation under local zoning or land use regulations. Two or more housed swine confined feeding operations shall be considered to comprise a single housed commercial swine feeding operation if they are under common or affiliated ownership or management, and are adjacent to or utilize a common area or system for manure disposal, are integrated in any way, are located or discharge within the same watershed or into watersheds that are hydrologically connected, or are located on or discharge onto land overlying the same groundwater aquifer.

(c) "Housed swine feeding operation" means the practice of raising swine in buildings, or other enclosed structures wherein swine of any size are fed for forty-five days or longer in any twelve-month period, and crop or forage growth or production is not sustained in the area of confinement.

(d) "Process wastewater" means any process-generated wastewater used in a housed commercial swine feeding operation, including water used for feeding, flushing, or washing, and any water or precipitation that comes into contact with any manure, urine, or any product used in or resulting from the production of swine.

(3) No person shall operate, construct, or expand a housed commercial swine feeding operation without first having obtained an individual discharge permit from the division.

(4) On or before March 31, 1999, the commission shall promulgate rules necessary to ensure the issuance and effective administration and enforcement of permits under this section by July 1, 1999. Such rules shall incorporate the preceding subsection (3) and shall, at a minimum, require:

(a) That the owner or operator of a housed commercial swine feeding operation must obtain division approval of construction, operations and swine waste management plans that, for any land waste application, includes a detailed agronomic analysis. Said plans shall employ the best available waste management practices, provide for remediation of residual soil and groundwater contamination, and ensure that disposal of solid or liquid waste to the soil not exceed agronomic rates of application.

(b) That appropriate setbacks for maintaining water quality be established for land waste application areas and waste impoundments;

(c) That waste impoundments or manure stock piles shall not be located within a one-hundred-year floodplain unless proper flood proofing measures are designed and constructed;

(d) That the owner or operator of the housed commercial swine feeding operation shall provide financial assurances for the final closure of the housed commercial swine feeding operation, the conduct of any necessary postclosure activities, the undertaking of any corrective action made necessary by migration of contaminants from the housed commercial swine feeding operation into the soil and groundwater, or cleanup of any spill or breach;

(e) That the owner or operator of a housed commercial swine feeding operation shall ensure that no solid or liquid waste generated by it shall be applied to land by any person at a rate that exceeds, in amount or duration, the agronomic rate of application; and

(f) That, because waste storage and disposal by housed commercial swine feeding operations pose particular jeopardy for state trust lands, in light of the mandate in the Colorado constitution, article IX, section 10, that state land board trust lands be held in trust and be protected and enhanced to promote long-term productivity and sound stewardship, the construction, operations and waste management plans approved for housed commercial swine feeding operations on such lands, shall not permit the degradation of the physical attributes or value of any state trust lands.

(5) Any spill or contamination by a housed commercial swine feeding operation shall be reported immediately to the division and the county or district public health agency for the county in which the housed commercial swine feeding operation is conducted, and, within twenty-four hours after the spill or contamination, a written report shall be filed with the division and the county or district public health agency for the county in which the housed commercial swine feeding operation is conducted.

(6) Housed commercial swine feeding operations shall submit to the division and the county or district public health agency quarterly, comprehensive monitoring reports and agronomic analyses that demonstrate that the operation has land-applied solid and liquid waste at no greater than agronomic rates. The division shall require the sampling and monitoring of chemical and appropriate biological parameters to protect the quality and existing and future beneficial uses of groundwater including, at a minimum, nitrogen, phosphorus, heavy metals, and salts. At a minimum, the monitoring program shall include quarterly samples, analysis, and reporting of the groundwater, soils within the root zone, and soils beneath the root zone within each waste application site, and shall also include monitoring to ensure that no excessive seepage occurs from any waste impoundments.

(7) Repealed.

(8) The division shall enforce the provisions of this section and shall take immediate enforcement action against any housed commercial swine feeding operation that has exceeded the agronomic rate limit of this section. In addition, any person who may be adversely affected by a housed commercial swine feeding operation may enforce these provisions directly against the operation by filing a civil action in the district court in the county in which the person resides.

(9) These provisions shall not preclude any local government from imposing requirements more restrictive than those contained in this section.
C.R.S. § 25-3-102.1 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-102.1
25-3-102.1. Deemed status for certain facilities
Status: in_force

25-3-102.1. Deemed status for certain facilities. (1) (a) In the licensing of an ambulatory surgical center following the issuance of initial licensure by the department of public health and environment, the voluntary submission of satisfactory evidence that the applicant is accredited by the joint commission, the American association for accreditation of ambulatory surgery facilities, inc., the accreditation association for ambulatory health care, the American osteopathic association, or any successor entities shall be deemed to meet certain requirements for license renewal so long as the standards for accreditation applied by the accrediting organization are at least as stringent as the licensure requirements otherwise specified by the department.

(b) (I) In the application for the renewal of a license for a health facility described in section 25-3-101, other than an ambulatory surgical center, the department of public health and environment shall deem health facilities that are currently accredited by an accrediting organization recognized by the federal centers for medicare and medicaid services as satisfying the requirements for renewal of the license.

(II) If the standards for national accreditation are less stringent than the state's licensure standards for a particular health facility, the department of public health and environment may conduct a survey that focuses on the more stringent state standards. Beginning one year after the department first grants deemed status to a health facility pursuant to this subsection (1)(b), the department may conduct validation surveys, based on a valid sample methodology, of up to ten percent of the total number of accredited health facilities in the industry. If the department conducts a validation survey of a health facility, the validation survey is in lieu of a licensing renewal survey that the health facility would have undergone if the health facility did not have deemed status pursuant to this subsection (1)(b). Notwithstanding any other law to the contrary, the department may enter, survey, and investigate hospitals pursuant to section 25-3-128.

(III) If the department of public health and environment takes an enforcement activity, as defined in section 25-1.5-103 (2)(b.5), against a health facility to which it has granted deemed status pursuant to this paragraph (b), the department may revoke the health facility's deemed status.

(c) Upon submission of a completed application for license renewal, the department of public health and environment shall accept proof of the accreditation in lieu of licensing inspections or other requirements. Nothing in this section exempts an accredited health facility from inspections or from other forms of oversight by the department as necessary to ensure public health and safety. Nothing in this section prevents the department of public health and environment from conducting an inspection of a hospital or other health facility described in section 25-3-101 to investigate a complaint regarding the provisions of section 27-65-106, 27-65-107, 27-65-108.5, 27-65-109, 27-65-110, or 27-65-119 to the extent the complaint is applicable to health facilities licensed by the department of public health and environment.

(2) In determining fees otherwise payable by a health facility for license renewal, the department of public health and environment shall give due consideration to efficiencies and savings generated in connection with the deemed status process in subsection (1) of this section and shall specifically provide an appropriate credit or reduced fee to a health facility that achieves license renewal through deemed status.
C.R.S. § 25-23-101 — CO Code / Title 25 / Article 23 / Section 25-23-101
25-23-101. Legislative declaration
Status: in_force

25-23-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) As resolved in the 2000 legislative session, children's oral health remains a priority for health equity in Colorado;

(b) Oral health equity for children can be advanced by improved access to care, but also through evidenced-based prevention activities;

(c) Dentists and dental hygienists are critical partners in addressing the oral health-care needs of children and underserved Coloradans in rural and low-income communities;

(d) However, Colorado communities often encounter difficulty recruiting and retaining dental professionals to serve these communities;

(e) Many dental health professionals, particularly dentists, graduate with large education loans needed to finance their professional education;

(f) Further, dental care is provided predominantly through individual and small group practices, which can limit the opportunity for dental health professionals to provide a substantial volume of oral heath services at reduced cost while still maintaining revenues necessary to support the fixed costs of operating a dental practice; and

(g) When partnered with the state, dental health professionals provide access to oral health care for people in need of services, and reducing the education loan debt of these professionals ensures they have more resources to care for underserved children and communities.

(2) The general assembly further finds and declares that Colorado will continue its commitment to provide support to dental health professionals who request education loan repayment and to also use funds to support children's oral health through community public health interventions.
C.R.S. § 25-57-110 — CO Code / Title 25 / Article 57 / Section 25-57-110
25-57-110. License required - application - inspection - issuance, denial, suspension, or r
Status: in_force

25-57-110. License required - application - inspection - issuance, denial, suspension, or revocation - fees - civil penalties - rules. (1) On or after July 1, 2025, a gamete agency, gamete bank, or fertility clinic shall not operate as a gamete agency, gamete bank, or fertility clinic in Colorado, or match or provide gametes or embryos to recipients in Colorado, without having first obtained a license from the department. The license is conditioned on compliance with the applicable standards, requirements, and other provisions of this article 57 and its implementing rules.

(2) (a) A gamete agency, gamete bank, or fertility clinic shall submit an annual application and fee for a license to operate on the form and in the manner prescribed by the department.

(b) (I) On or before January 1, 2025, the state board shall promulgate rules establishing a schedule of fees of not more than five hundred dollars per year, subject to annual adjustment for inflation, based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index, to help meet the direct and indirect costs of administration and enforcement of this article 57. A gamete agency, gamete bank, or fertility clinic that is a nonprofit organization is exempt from such fees.

(II) The department shall assess and collect, from each gamete agency, gamete bank, or fertility clinic that is applying for licensure pursuant to this section, a fee in accordance with the fee schedule established by the state board pursuant to subsection (2)(b)(I) of this section.

(III) The department shall transmit fees collected pursuant to this section to the state treasurer, who shall credit the money to the gamete agency, gamete bank, or fertility clinic fund created in section 25-57-112.

(IV) Fees collected pursuant to this subsection (2) may be used by the department to provide technical assistance and education to the public and to gamete agencies, gamete banks, or fertility clinics related to the provision of and compliance with Colorado law, in addition to regulatory and administrative functions. The department may contract with private entities to assist the department in providing technical assistance and education but not in providing regulatory or administrative functions.

(3) (a) (I) The department shall investigate and review each original application and each renewal application for a license to operate as a gamete agency, gamete bank, or fertility clinic. The department shall require all applicants to submit information in the original and renewal application process to document compliance with licensing requirements. Subject to available appropriations, the department may, as it deems necessary, perform on-site inspections or complaint investigations of a gamete agency, gamete bank, or fertility clinic located outside of Colorado. The department shall determine an applicant's compliance with this article 57, and the rules adopted pursuant to this article 57, for the collection and provision of gametes from donors who are unknown to a recipient at the time of the donation before issuing a license.

(II) The gamete agency, gamete bank, or fertility clinic shall submit in writing, in a form prescribed by the department, a corrective action plan detailing the measures it will take to correct any violations found by the department as a result of inspections undertaken pursuant to this subsection (3). The department shall conduct a follow-up inspection to ensure implementation of the corrective action plan.

(III) When investigating or reviewing the records of a gamete agency, gamete bank, or fertility clinic located outside of Colorado, the department shall investigate and review only the records pertaining to donors whose gametes or embryos were matched or provided to recipients in Colorado.

(b) The department shall not retain any identifying information about donors, recipients, or donor-conceived persons, and shall keep confidential all health-care information or documents obtained or viewed during an inspection or investigation of a gamete agency, gamete bank, or fertility clinic pursuant to subsection (3)(a) of this section. All records, information, or documents so obtained are exempt from disclosure pursuant to sections 24-72-204 and 25-1-124.

(4) Except as otherwise provided in subsection (5) of this section, the department shall issue or renew a license to operate as a gamete agency, gamete bank, or fertility clinic when it is satisfied that the applicant or licensee is in compliance with the requirements set forth in this article 57 and the rules promulgated pursuant to this article 57. Except for provisional licenses issued in accordance with subsection (5) of this section, a license issued or renewed pursuant to this section expires one year after the date of issuance or renewal. The department shall suspend or revoke a license in accordance with section 24-4-104.

(5) The department may issue a provisional license to operate as a gamete agency, gamete bank, or fertility clinic to an applicant for the purpose of operating as a gamete agency, gamete bank, or fertility clinic for a period of ninety days if the applicant is temporarily unable to conform to all of the standards required pursuant to this article 57. As a condition of obtaining a provisional license, the applicant shall show proof to the department that significant good faith attempts are being made to conform and comply with the applicable standards required pursuant to this article 57. The department may issue a second provisional license, for a like term and fee, to effect compliance. A further provisional license shall not be issued for the current year after the second issuance.

(6) (a) It is a violation of this article 57 for any person, corporation, or other entity to operate as a gamete agency, gamete bank, or fertility clinic in Colorado without a valid license or in violation of the terms and conditions of a license. The department may revoke or not renew the license in accordance with the procedures set forth in section 24-4-104 of a licensed gamete agency, gamete bank, or fertility clinic that fails to adhere to the terms and conditions of its license and the standards and requirements established by rule pursuant to this article 57.

(b) The department may assess a civil penalty of not more than twenty thousand dollars, adjusted annually for inflation, based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index, for each day the person is in violation of this article 57. The assessed penalty accrues from the date the department finds that the person, corporation, or entity is in violation of this article 57. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24 and credit the money to the general fund. Enforcement and collection of the penalty occurs following the decision reached in accordance with procedures set forth in section 24-4-105.
C.R.S. § 25-7-502 — CO Code / Title 25 / Article 7 / Part 5 / Section 25-7-502
25-7-502. Definitions
Status: repealed

25-7-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) (a) "Area of public access" means any building, facility, or property, or a portion thereof, that any member of the general public can enter or can be exposed to asbestos from the area. "Area of public access" includes a single-family residential dwelling and any facility that charges the general public a fee for admission, such as any theater or arena.

(b) Repealed.

(c) Notwithstanding the provisions of subsection (1)(a) of this section, a single family residential dwelling shall not be considered an area of public access for purposes of conducting asbestos abatement if the homeowner who resides in the single family dwelling that is the homeowner's primary residence requests, on a form provided by the division, that the single family dwelling not be considered an area of public access.

(2) "Asbestos" means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite.

(3) "Asbestos abatement" means any of the following:

(a) The wrecking or removal of structural members that contain friable asbestos-containing material;

(b) The following practices intended to prevent the escape of asbestos fibers into the atmosphere:

(I) Coating, binding, or resurfacing of walls, ceilings, pipes, or other structures for the purpose of minimizing friable asbestos-containing material from becoming airborne;

(II) Enclosing friable asbestos-containing material to make it inaccessible;

(III) Removal of friable asbestos-containing material from any pipe, duct, boiler, tank, reactor, furnace, or other structural member;

(IV) Conducting a major spill response.

(4) "Commission" means the air quality control commission created by section 25-7-104.

(5) "Division" means the division of administration in the department of public health and environment.

(5.5) "Facility" means any institutional, commercial, public, industrial, school, or residential structure; any installation; any building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative; any ship; any railcar; and any active or inactive waste disposal site.

(6) "Friable asbestos-containing material" means any material that contains asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.

(7) "Person" means any individual, any public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity which is recognized by law as the subject of rights and duties.

(7.5) "Project manager" means a person who has satisfied the experience and academic training requirements set forth by the commission.

(8) (a) "School" means any institution that provides elementary or secondary education.

(b) and (c) Repealed.

(9) "State-owned or state-leased buildings" means structures occupied by any person which are either owned by the state or utilized by the state through leases of one year's duration or longer.

(10) "Structural member" means any beam, ceiling, floor, or wall.

(11) "Trained supervisor" means an individual certified by the division to supervise asbestos abatement pursuant to section 25-7-506.
C.R.S. § 25-52-101 — CO Code / Title 25 / Article 52 / Section 25-52-101
25-52-101. Short title
Status: in_force

25-52-101. Short title. The short title of this article 52 is the "Maternal Mortality Prevention Act".
C.R.S. § 25-1-508 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-508
25-1-508. County or district boards of public health - public health directors
Status: repealed

25-1-508. County or district boards of public health - public health directors. (1) Within ninety days after the adoption of a resolution to establish and maintain a county public health agency or to participate in a district public health agency, the respective board of county commissioners shall proceed to organize the agency by the appointment of a county or district board of health, referred to in this part 5 as a "county or district board".

(2) (a) (I) Each county board of health shall consist of at least five members to be appointed by the board of county commissioners for five-year terms; except that the board of county commissioners shall stagger the terms of the initial appointments. Thereafter, full-term appointments shall be for five years.

(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a), a county with a population of less than one hundred thousand people may have a county board of health that consists of at least three members to be appointed by the board of county commissioners for five-year terms; except that the board of county commissioners shall stagger the terms of the initial appointments. Thereafter, full-term appointments shall be for five years.

(b) Each member of the county board of health shall be a resident of the county in which the county agency is located. Appointments shall be made to the board so that no business or professional group or governmental entity shall constitute a majority of the board. Any vacancy on the board shall be filled in the same manner as full-term appointments by the appointment of a qualified person for the unexpired term.

(c) In a county with a population of less than one hundred thousand people that, as of July 1, 2008, does not have a board of health that is separate from the board of county commissioners, the board of county commissioners may designate itself as the county board of health as of July 1, 2008. The terms of the members of the county board of health shall coincide with their terms as commissioners. Such county boards shall assume all the duties of appointed county boards.

(d) Notwithstanding the provisions of paragraphs (a) to (c) of this subsection (2), a county board of health in a home-rule county shall comply with the requirements of its home-rule charter.

(3) (a) Each district board of health shall consist of a minimum of five members. The membership of each district board of health shall include at least one representative from each county in the district. The members of the board shall be appointed by an appointments committee composed of one member of each of the boards of county commissioners of the counties comprising the district. The appointments committee for each district board shall designate the number of members of its district board and shall establish staggered terms for the initial appointments. Thereafter, full-term appointments shall be for five years.

(b) Each member of the district board shall be a resident of one of the counties comprising the district, and there shall be at least one member from each of the counties comprising the district. Appointments shall be made to the district board so that no business or professional group or governmental entity shall constitute a majority of the district board. The appointments committee shall fill any vacancy on the district board by the appointment of a qualified person for the remainder of the unexpired term.

(c) Upon establishment of a district board, all county boards previously existing within the county or district shall be dissolved. Upon the acceptance of a new county into an established district, the county or district board previously existing for the county being added shall be dissolved and the chair of the previous county or district board or the chair's designee shall represent the new county on the district board until a new member is appointed by the appointments committee.

(4) (a) A county or district board, at its organizational meeting, shall elect from its members a president and other officers as it shall determine. The public health director of the agency, at the discretion of the board, may serve as secretary but shall not be a member of the board. All officers and the public health director shall hold their positions at the pleasure of the board.

(b) (I) Regular meetings of a county or district board shall be held at least once every three months at such times as may be established by resolution of the board. Special meetings of a board may be called by the president, by the public health director, or by a majority of the members of the board at any time on three days' prior notice; except that, in case of emergency, twenty-four hours' notice shall be sufficient.

(II) A county or district board may adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority of the board shall constitute a quorum. Members of the board shall serve without compensation but shall be reimbursed for their actual and necessary travel and subsistence expenses to attend meetings.

(5) In addition to all other powers and duties conferred and imposed upon a county board of health or a district board of health by the provisions of this subpart 3, a county board of health or a district board of health shall have and exercise the following specific powers and duties:

(a) To develop and promote the public policies needed to secure the conditions necessary for a healthy community;

(b) To approve the local public health plan completed by the county or district agency, and to submit the local plan to the state board for review;

(c) (I) To select a public health director to serve at the pleasure of the county or district board. The public health director shall possess such minimum qualifications as may be prescribed by the state board. A public health director may be a physician, physician assistant, public health nurse, or other qualified public health professional. A public health director may practice medicine, nursing, or his or her profession within his or her license and scope of practice, as necessary, to carry out the functions of the office of the public health director. The qualifications shall reflect the resources and needs of the county or counties covered by the agency. If the public health director is not a physician, the county or district board shall employ or contract with at least one medical officer to advise the public health director on medical decisions. The public health director shall maintain an office location designated by the county or district board and shall be the custodian of all property and records of the agency.

(II) A person employed or under contract to act as a medical officer pursuant to this paragraph (c) shall be covered by the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., for duties performed for the agency.

(d) (I) In the event of a vacancy in the position of public health director or medical officer, to either employ or contract with a person deemed qualified to fill the position or to request temporary assistance from a public health director or a medical officer from another county. The county or district board may also request that an employee of the state department, such as a qualified executive director or the chief medical officer, serve on an interim basis with all the powers and duties of the position.

(II) A person filling a temporary vacancy as public health director or medical officer shall be covered by the "Colorado Governmental Immunity Act", article 10 of title 24, C.R.S., for duties performed for the agency.

(e) To provide, equip, and maintain suitable offices and all necessary facilities for the proper administration and provision of core public health services, as defined by the state board;

(f) To determine general policies to be followed by the public health director in administering and enforcing public health laws, orders, and rules of the county or district board, and orders, rules, and standards of the state board;

(g) To issue orders and to adopt rules not inconsistent with the public health laws of this state nor with the orders or rules of the state board as the county or district board may deem necessary for the proper exercise of the powers and duties vested in or imposed upon an agency or county or district board by this part 5;

(h) To act in an advisory capacity to the public health director on all matters pertaining to public health;

(i) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties vested in or imposed upon a county or district board;

(j) To provide environmental health services and to assess fees to offset the actual, direct cost of such services; except that no fee for a service shall be assessed against any person who has already paid a fee to the state or federal government for the service, and except that the only fee that shall be charged for annual retail food establishment inspections shall be the fee set forth in section 25-4-1607;

(k) To accept and, through the public health director, to use, disburse, and administer all federal aid, state aid, or other property, services, or moneys allotted to an agency for county or district public health functions or allotted without designation of a specific agency for purposes that are within the functions of an agency, and to prescribe, by rule consistent with the laws of this state, the conditions under which the property, services, or moneys shall be accepted and administered. The county or district board is empowered to make agreements that may be required to receive such moneys or other assistance.

(l) To approve, as provided for in section 25-1-520, a clean syringe exchange program proposed by an agency. A county board of health or district board of health shall not be required to approve a proposed program.

(6) Repealed.

(7) Members of a county board of health or a district board of health, and the members of the state board of health shall attend both:

(a) Annual public health training provided by the department of public health and environment and developed by the department of public health and environment along with the Colorado school of public health; and

(b) Annual public health training developed and provided by the department of public health and environment and the director of the office of emergency management created in section 24-33.5-705 concerning the role of a board of health in preparing for, responding to, and recovering from an emergency disaster.

(8) The department of public health and environment shall provide guidance on recruiting persons who are eligible and willing to serve on county and district boards of health. The department of public health and environment shall provide the guidance in an electronic format to any board of county commissioners, county board of health, or district board of health that requests it.

(9) Changes to this section made by House Bill 21-1115, enacted in 2021, take effect January 1, 2022.
C.R.S. § 25-7-1403 — CO Code / Title 25 / Article 7 / Part 14 / Section 25-7-1403
25-7-1403. Electrifying school buses grant program - creation - eligibility
Status: in_force

25-7-1403. Electrifying school buses grant program - creation - eligibility. (1) (a) (I) The electrifying school buses grant program is created to allow a school district, charter school, or nonprofit partner acting on behalf of a school district or charter school to apply to the department for grant money to help finance:

(A) The procurement and maintenance of electric-powered school buses, the conversion of fossil-fuel-powered school buses to electric-powered school buses, charging infrastructure, and electrical upgrades necessary to support charging infrastructure;

(B) The retirement of fossil-fuel-powered school buses; and

(C) The school district's or charter school's administrative costs associated with such procurements, conversions, maintenance, or retirements, including any up-front administrative costs associated with developing and implementing a proposal for the procurements, conversions, maintenance, or retirements.

(II) The department shall administer the grant program, and the office shall provide technical assistance for the grant program as needed. The department of education may provide up to one-half of one full-time equivalent employee to assist with the grant program by providing technical assistance to school districts and charter schools with respect to applying for grant money and implementing projects awarded grant money.

(b) The department shall establish an application process for school districts, charter schools, and nonprofit partners acting on behalf of school districts or charter schools to apply for money under the grant program and:

(I) Post information about the grant program application process, including any application forms that the department develops for the grant program, on its website; and

(II) Share the grant program application process information with the department of education, which department shall post the information on its website.

(2) The department shall develop:

(a) Criteria for awarding grant money, which criteria must include:

(I) Giving priority to school districts and charter schools:

(A) Located in or attended by students living in disproportionately impacted communities;

(B) Located in nonattainment areas; or

(C) At which at least a certain percentage of students, as determined by the department, receive free or reduced-price lunches under a school lunch program; and

(II) A requirement that, as a condition of receiving a grant award, grantees retire or convert at least a certain percentage of their fossil-fuel-powered school buses, retire or convert their fossil-fuel-powered school buses in a certain manner, or both;

(b) Periodic reporting requirements for a grantee to demonstrate that the money awarded is being used in compliance with this part 14; and

(c) Procedures for addressing a grantee's noncompliance with this part 14, including procedures for reimbursement of money awarded.

(3) The department may use up to eight percent of the money in the fund to cover the direct and indirect costs the department incurs in administering the grant program.
C.R.S. § 25-3.5-302 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-302
25-3.5-302. Issuance of licenses and permits - term - requirements - repeal
Status: repealed

25-3.5-302. Issuance of licenses and permits - term - requirements - repeal. (Repealed)
C.R.S. § 25-15-104 — CO Code / Title 25 / Article 15 / Part 1 / Section 25-15-104
25-15-104. Disposal service
Status: in_force

25-15-104. Disposal service. In order to encourage proper disposal of small quantities of hazardous wastes by individuals and local governmental agencies when such wastes cannot be reasonably handled by commercial services, the department may receive such hazardous wastes from such individuals or local governmental agencies and arrange for their proper detoxification, storage, reuse, or disposal. The department may impose a reasonable fee for such services to recover the actual costs thereof.
C.R.S. § 25-5-1103 — CO Code / Title 25 / Article 5 / Part 11 / Section 25-5-1103
25-5-1103. Lead hazard reduction program
Status: in_force

25-5-1103. Lead hazard reduction program. There is hereby created the lead hazard reduction program in the department of public health and environment to perform prevention, intervention, and general hazard reduction activities needed to reduce exposure of children to lead-based paint hazards. As part of the program, the department shall coordinate actions between the department and the departments of education, human services, health care policy and financing, and local affairs to produce a comprehensive plan and program to prevent elevated blood lead levels in children and to control exposure to lead-based paint hazards in residences and child-occupied facilities in Colorado. The provisions of this part 11 apply only to lead-based paint hazards.
C.R.S. § 25-1-114.5 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-114.5
25-1-114.5. Voluntary disclosure arising from self-evaluation - presumption against impositi
Status: in_force

25-1-114.5. Voluntary disclosure arising from self-evaluation - presumption against imposition of administrative or civil penalties. (1) For the purposes of this section, a disclosure of information by a person or entity to any division or agency within the department of public health and environment regarding any information related to an environmental law is voluntary if all of the following are true:

(a) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person or entity;

(b) The disclosure arises out of a voluntary self-evaluation;

(c) The person or entity making the disclosure initiates the appropriate effort to achieve compliance, pursues compliance with due diligence, and corrects the noncompliance within two years after the completion of the voluntary self-evaluation. Where such evidence shows the noncompliance is the failure to obtain a permit, appropriate efforts to correct the noncompliance may be demonstrated by the submittal of a complete permit application within a reasonable time.

(d) The person or entity making the disclosure cooperates with the appropriate division or agency in the department of public health and environment regarding investigation of the issues identified in the disclosure.

(2) For the purposes of paragraph (c) of subsection (1) of this section, upon application to and at the discretion of the department of public health and environment, the time period within which the noncompliance is required to be corrected may be extended if it is not practicable to correct the noncompliance within the two-year period. A request for a de novo review of the decision of the department of public health and environment may be made to the appropriate district court or administrative law judge.

(3) If a person or entity is required to make a disclosure to a division or agency within the department of public health and environment under a specific permit condition or under an order issued by the division or agency, then the disclosure is not voluntary with respect to that division or agency.

(4) If any person or entity makes a voluntary disclosure of an environmental violation to a division or agency within the department of public health and environment, then there is a rebuttable presumption that the disclosure is voluntary and therefore the person or entity is immune from any administrative and civil penalties associated with the issues disclosed and is immune from any criminal penalties for negligent acts associated with the issues disclosed. The person or entity shall provide information supporting its claim that the disclosure is voluntary at the time that the disclosure is made to the division or agency.

(5) To rebut the presumption that a disclosure is voluntary, the appropriate division or agency shall show to the satisfaction of the respective commission in the department of public health and environment or the state board of health, if no respective commission exists, that the disclosure was not voluntary based upon the factors set forth in subsections (1), (2), and (3) of this section. A decision by the commission or the state board of health, whichever is appropriate, regarding the voluntary nature of a disclosure is final agency action. The division or agency may not include any administrative or civil penalty or fine or any criminal penalty or fine for negligent acts in a notice of violation or in a cease-and-desist order on any underlying environmental violation that is alleged absent a finding by the respective commission or the state board of health that the division or agency has rebutted the presumption of voluntariness of the disclosure. The burden to rebut the presumption of voluntariness is on the division or agency.

(6) The elimination of administrative, civil, or criminal penalties under this section does not apply if a person or entity has been found by a court or administrative law judge to have committed serious violations that constitute a pattern of continuous or repeated violations of environmental laws, rules, regulations, permit conditions, settlement agreements, or orders on consent and that were due to separate and distinct events giving rise to the violations, within the three-year period prior to the date of the disclosure. Such a pattern of continuous or repeated violations may also be demonstrated by multiple settlement agreements related to substantially the same alleged violations concerning serious instances of noncompliance with environmental laws that occurred within the three-year period immediately prior to the date of the voluntary disclosure.

(7) Except as specifically provided in this section, this section does not affect any authority the department of public health and environment has to require any action associated with the information disclosed in any voluntary disclosure of an environmental violation.

(8) Unless the context otherwise requires, the definitions contained in section 13-25-126.5 (2), C.R.S., apply to this section.

(9) This section applies to voluntary disclosures that are made and voluntary self-evaluations that are performed on or after June 1, 1994.
C.R.S. § 25-3.5-401 — CO Code / Title 25 / Article 3.5 / Part 4 / Section 25-3.5-401
25-3.5-401. Responsibility for coordination
Status: repealed

25-3.5-401. Responsibility for coordination. (1) The telecommunications subsystem shall be used to maintain effective interface with the other components of the system, which shall include but not be limited to the following:

(a) To dispatch the ambulance;

(b) To maintain contact while en route to the scene of the emergency;

(c) To provide for triage at the scene of the emergency;

(d) To provide for treatment while en route to the primary emergency care center;

(e) To arrange for transfer to advanced emergency care centers.

(2) (a) The department of personnel, in consultation with the office of information technology created in the office of the governor, shall coordinate the telecommunications subsystem with the existing state telecommunications network to the extent possible.

(b) Repealed.
C.R.S. § 25-4-707 — CO Code / Title 25 / Article 4 / Part 7 / Section 25-4-707
25-4-707. Psittacine birds - sale or transfer - requirements
Status: repealed

25-4-707. Psittacine birds - sale or transfer - requirements. (Repealed)