C.R.S. § 25-8-205.7 — CO Code / Title 25 / Article 8 / Part 2 / Section 25-8-205.7
25-8-205.7. Control regulations for reuse of reclaimed domestic wastewater - food crops - de
Status: in_force

25-8-205.7. Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Category 1 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and total suspended solids standards promulgated by the commission for category 1 water.

(b) "Category 2 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 2 water.

(c) "Category 3 standard" means a water quality standard for reclaimed domestic wastewater:

(I) Requiring, at a minimum, that the water has received secondary treatment with filtration and disinfection; and

(II) For which, at the point of compliance, the water meets the E. coli and turbidity standards promulgated by the commission for category 3 water.

(d) "E. coli" means the Escherichia coli bacteria that are found in the environment, foods, and intestines of people and animals.

(e) (I) "Food crop" means a crop produced for direct human consumption or a tree that produces nuts or fruit intended for direct human consumption.

(II) "Food crop" does not include a crop produced for animal consumption only; except that a crop produced where lactating dairy animals forage is a food crop.

(f) "Point of compliance" means a point, as identified by the person that treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2) Reclaimed domestic wastewater may be used as follows:

(a) In compliance with the category 1 standard, for:

(I) Evaporative industrial processes;

(II) Nonevaporative industrial processes;

(III) Nondischarging construction and road maintenance;

(IV) Landscape irrigation at sites with restricted access;

(V) Zoo operations;

(VI) Nonfood crops; and

(VII) Silviculture;

(b) In compliance with the category 2 standard, for:

(I) All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard;

(II) Washwater applications;

(III) Landscape irrigation at sites without restricted access;

(IV) Commercial laundries;

(V) Automated vehicle washing;

(VI) Manual, nonpublic vehicle washing;

(VII) Nonresidential fire protection; and

(VIII) If used in accordance with subsection (4) of this section, irrigation of food crops for commercial use;

(c) In compliance with the category 3 standard, for:

(I) All of the uses for which reclaimed domestic wastewater may be used in compliance with the category 1 standard and the category 2 standard;

(II) Landscape irrigation at sites that are controlled by residents;

(III) Residential fire protection; and

(IV) If used in accordance with subsection (3) of this section, irrigation of food crops for noncommercial use.

(3) All reclaimed domestic wastewater systems must be compliant with and installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4) In addition to complying with the category 2 standard pursuant to subsection (2)(b)(VIII) of this section or the category 3 standard pursuant to subsection (2)(c)(IV) of this section and regardless of whether the use is for food crops produced for commercial use or noncommercial use, reclaimed domestic wastewater may be used for irrigation of food crops only if the use meets the water quality standards for commercial crops set forth in the federal "FDA Food Safety Modernization Act", Pub.L. 111-353, as amended. In promulgating rules for the category 2 and category 3 standards at the point of compliance for use of reclaimed domestic wastewater for irrigation of food crops, the commission shall not promulgate any rule that is more stringent than the relevant standards set forth in the federal "FDA Food Safety Modernization Act", Pub.L. 111-353, as amended.

(5) (a) On or before December 31, 2019, the commission may promulgate rules in accordance with this section.

(b) In promulgating rules in accordance with this section, the commission:

(I) May create new categories of water quality standards beyond the three categories set forth in this section; and

(II) May recategorize any of the uses set forth in subsection (2) of this section to a less stringent category of water quality standard.

(c) The commission, by rule, may authorize additional uses of reclaimed domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d) The commission may promulgate rules more stringent than the standards and categories set forth in subsection (2) of this section only if the commission:

(I) Determines that the standards and categories set forth in subsection (2) of this section are not protective of public health; and

(II) Identifies:

(A) A documented incident of microbial disease that the commission determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B) A peer-reviewed published article that identifies a potential public health risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(6) Following a public stakeholders process, the water quality control division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(7) In addition to the relief available under section 25-8-205 (6), the division may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (5) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(8) Use of reclaimed domestic wastewater is allowed only 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 therefrom.
C.R.S. § 25-38-104 — CO Code / Title 25 / Article 38 / Section 25-38-104
25-38-104. Minimum requirements for designations - disclaimer required
Status: in_force

25-38-104. Minimum requirements for designations - disclaimer required. (1) Any designation of a physician or dentist shall include, at a minimum, the following:

(a) A quality of care component that may be satisfied by incorporating a practice guideline or performance measure pursuant to paragraph (f) of this subsection (1), and a clear representation of the weight given to quality of care in comparison with other designation factors;

(b) Statistical analyses that are accurate, valid, and reliable and, where reasonably possible, that appropriately adjust for patient population, case mix, severity of patient condition, comorbidity, outlier events, or other known statistical anomalies;

(c) A period of assessment of data, pertinent to the designation, that shall be updated by the health-care entity at appropriate intervals;

(d) If claims data are used in the designation process, accurate claims data appropriately attributed to the physician or dentist. When reasonably available, the health-care entity shall use aggregated data to supplement its own claims data.

(e) The physician's or dentist's responsibility for health-care decisions and the financial consequences of those decisions, which shall be fairly and accurately attributed to the physician or dentist;

(f) If practice guidelines or performance measures are used in the designation process:

(I) Practice guidelines or performance measures that are promulgated or endorsed by nationally recognized health-care organizations that establish or promote guidelines and performance measures emphasizing quality of health care, such as the national quality forum or the AQA alliance, or their successors, or other such national physician or dentist specialty organizations, or the Colorado clinical guidelines collaborative or its successor;

(II) Practice guidelines or performance measures that are:

(A) Evidence-based, whenever possible;

(B) Consensus-based, whenever possible; and

(C) Pertinent to the area of practice, location, and characteristics of the patient population of the physician or dentist being designated.

(2) (a) Any disclosure of a designation to a physician, dentist, or consumer shall be accompanied by a conspicuous disclaimer written in bold-faced type. The disclaimer shall state that designations are intended only as a guide to choosing a physician or dentist, that designations should not be the sole factor in selecting a physician or dentist, that designations have a risk of error, and that consumers should discuss designations with a physician or dentist before choosing him or her.

(b) Failure to include the disclaimer makes the use of the designation a violation of this article.
C.R.S. § 25-4-904 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-904
25-4-904. Rules - immunization rules - rule-making authority of state board of health
Status: in_force

25-4-904. Rules - immunization rules - rule-making authority of state board of health. (1) The state board of health shall establish rules and regulations for administering this part 9. Such rules and regulations shall establish which immunizations shall be required and the manner and frequency of their administration and shall conform to recognized standard medical practices. Such rules and regulations may also require the reporting of statistical information and names of noncompliers by the schools. The department of public health and environment shall administer and enforce the immunization requirements.

(2) All rule-making authority granted to the state board of health under this article 4 is granted on the condition that the general assembly reserves the power to delete or rescind any rule of the board. All rules promulgated pursuant to this subsection (2) are subject to section 24-4-103.
C.R.S. § 25-1-113 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-113
25-1-113. Judicial review of decisions
Status: in_force

25-1-113. Judicial review of decisions. (1) Any person aggrieved and affected by a decision of the board or the executive director of the department is entitled to judicial review by filing in the district court of the county of his residence, or of the city and county of Denver, within ninety days after the public announcement of the decision, an appropriate action requesting such review. 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; except that, in cases of alleged irregularities in the record or in the procedure before the board or the division of administration, 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 decisions of the board being: Contrary to constitutional rights or privileges; or in excess of the statutory authority or jurisdiction of the board or the executive director of the department; or affected by any error of law; or made or promulgated upon unlawful procedure; or unsupported by substantial evidence in view of the entire record as submitted; or 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. § 25-4-107 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-107
25-4-107. Rooms not used for sleeping
Status: in_force

25-4-107. Rooms not used for sleeping. It is unlawful for any person to sleep or to allow or permit any person to sleep in any workroom of a bakeshop, kitchen, dining room, confectionery, creamery, cheese factory, or other place where food is prepared for sale, served, or sold unless all foods therein handled are at all times in hermetically sealed packages.
C.R.S. § 25-8-403 — CO Code / Title 25 / Article 8 / Part 4 / Section 25-8-403
25-8-403. Administrative reconsideration
Status: in_force

25-8-403. Administrative reconsideration. During the time permitted for seeking judicial review of any final order or determination of the commission or division, any party directly affected by such order or determination may apply to the commission or division, as appropriate, for a hearing or rehearing with respect to, or reconsideration of, such order or determination. The determination by the commission or division of whether to grant or deny the application for a hearing, rehearing, or reconsideration shall be made within ten days after receipt by the commission or division of such application. Such determination by the commission may be made by telephone or mail or at a meeting, but in any event shall be confirmed at the next meeting of the commission. If the application for a hearing, rehearing, or reconsideration is granted, the order or determination to which such application pertains shall not be considered final for purposes of judicial review, and the commission or the division may affirm, reverse, or modify, in whole or in part, the pertinent order or determination; thereafter such order or determination shall be final and not subject to stay or reconsideration under this section.
C.R.S. § 25-5.5-306 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-306
25-5.5-306. Sherbet - standards
Status: in_force

25-5.5-306. Sherbet - standards. Sherbet is the food prepared by freezing or partially freezing, while stirring, a pasteurized mix composed of one or a combination of the optional dairy ingredients specified in section 25-5.5-303 (2), one or more of the optional sweetening ingredients specified in section 25-5.5-303 (3), fruit, fruit juice, or flavoring as provided in this section. It may contain one or more of the optional stabilizing ingredients specified in section 25-5.5-303 (6) or pectin if the weight of such stabilizer is not more than one-half of one percent of the weight of the finished sherbet. The kind and quantity of optional dairy ingredients used is such that the total milk solids content is not more than five percent by weight of the finished sherbet and the milk fat content is not more than two percent nor less than one percent by weight of the finished sherbet. It shall contain fruit or fruit juice, as described in section 25-5.5-303 (4)(c) and (4)(f), and may contain natural food flavoring. It may contain citric, tartaric, malic, lactic, or ascorbic acid. The acidity of the finished sherbet shall be not less than thirty-five hundredths of one percent of acid as determined by titrating with standard alkali and expressed as lactic acid. It may contain the optional egg ingredients specified in section 25-5.5-303 (5) in amounts not to exceed one-half of one percent of the weight of the finished sherbet. Harmless coloring may be added. The mix may be seasoned with salt and may be homogenized. It shall weigh not less than six pounds per gallon.
C.R.S. § 25-4-1805 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1805
25-4-1805. Powers and duties of department - rules
Status: in_force

25-4-1805. Powers and duties of department - rules. (1) The department is hereby authorized to enforce this part 18 and to adopt and enforce reasonable rules and standards to implement this part 18. Such rules and standards shall be consistent with, and no more stringent than, standards adopted pursuant to the national shellfish sanitation program and may include, but shall not be limited to:

(a) Rules governing applications for initial certification and for annual renewal of certifications;

(b) Requirements for comprehensive on-site inspections of the premises and facilities of applicants for certification;

(c) Standards concerning the form and manner of submission of records required for certification and record keeping pursuant to this part 18;

(d) Establishment of fees required for certification and renewal of certification; and

(e) Grounds for denial, suspension, or revocation of a certificate.

(2) This part 18 shall be administered by the department; except that county, district, and municipal public health agencies may be authorized by the department to assist it in performing its powers and duties pursuant to this part 18.

(3) The department is authorized to conduct hearings in accordance with article 4 of title 24, C.R.S., and to use administrative law judges to conduct such hearings when the use of administrative law judges would result in a net saving of costs to the department.

(4) The department is authorized to enter into cooperative agreements with and to accept grants from any agency or political subdivision of this state or any other state, or with any agency of the United States government, subject to limitations set forth elsewhere in law and the state constitution, to carry out the provisions of this part 18.

(5) (a) When the department determines that a dealer's activity constitutes a major public health threat, the department shall:

(I) Suspend or withdraw certification; and

(II) Immediately notify the FDA and the authorities in known states that receive the dealer's shellfish.

(b) The department shall prohibit any dealer whose certification has been suspended or withdrawn from shipping in interstate or intrastate commerce.

(c) When the department recertifies any dealer, the department shall notify the FDA and the authorities in known states that receive the shellfish.
C.R.S. § 25-4-112 — CO Code / Title 25 / Article 4 / Part 1 / Section 25-4-112
25-4-112. Rules
Status: in_force

25-4-112. Rules. The state board of health, created in section 25-1-103, may adopt rules as necessary for the implementation of this article.
C.R.S. § 25-4-903 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-903
25-4-903. Exemptions from immunization - rules
Status: in_force

25-4-903. Exemptions from immunization - rules.

(1) (Deleted by amendment, L. 97, p. 409, § 2, effective July 1, 1997.)

(2) A parent or legal guardian shall have his or her student immunized, unless the student is exempted pursuant to this section, or an emancipated student or a student eighteen years of age or older shall have himself or herself immunized, unless the student is exempted pursuant to this section. A student is exempted from receiving the required immunizations in the following manner:

(a) By submitting to the student's school a completed certificate of medical exemption from a licensed physician, physician assistant authorized pursuant to section 12-240-107 (6), or advanced practice registered nurse that the physical condition of the student is such that one or more specified immunizations would endanger his or her life or health or are medically contraindicated due to other medical conditions; or

(b) (I) By submitting to the student's school either a completed certificate of completion of the online education module or a completed certificate of nonmedical exemption signed by one parent or legal guardian, an emancipated student, or a student eighteen years of age or older that the parent, legal guardian, or student is an adherent to a religious belief whose teachings are opposed to immunizations or has a personal belief that is opposed to immunizations.

(II) (A) A complete certificate of completion of the online education module is acquired upon completing the online education module described in subsection (2.7) of this section.

(B) A complete certificate of nonmedical exemption must include the signature of a person who is authorized pursuant to title 12 to administer immunizations within his or her scope of practice to the student for whom the certificate of nonmedical exemption is sought. Nothing in this subsection (2)(b)(II)(B) requires a person authorized pursuant to title 12 to administer immunizations within his or her scope of practice to sign a certificate of nonmedical exemption. Notwithstanding any law or rule to the contrary, a body that regulates the professional conduct of a person who is authorized pursuant to title 12 to administer immunizations within his or her scope of practice to the student for whom the certificate is sought shall not order a disciplinary action against the person because the person authorized to sign the certificate signed such certificate pursuant to this subsection (2)(b)(II)(B). It is unlawful for the employer or any professional organization to retaliate against a person because the person authorized to sign a certificate signed such certificate pursuant to this subsection (2)(b)(II)(B).

(2.2) (a) (I) A licensed physician, physician assistant authorized pursuant to section 12-240-107 (6), or advanced practice registered nurse shall provide a copy of a completed certificate of medical exemption to the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older.

(II) The certificate of completion of the online education module must be immediately available to download or print upon completion of the online education module. The certificate of completion of the online education module developed by the department of public health and environment must include the same information as the certificate of nonmedical exemption pursuant to subsection (2.3) of this section.

(III) A person authorized pursuant to title 12 to administer immunizations within his or her scope of practice to the student for whom the certificate of nonmedical exemption is sought and who signs the certificate of nonmedical exemption form shall provide a copy of a completed certificate of nonmedical exemption to the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older.

(b) (I) A licensed physician, physician assistant authorized pursuant to section 12-240-107 (6), or advanced practice registered nurse shall submit the medical exemption data to the immunization tracking system created in section 25-4-2403.

(II) A person authorized pursuant to title 12 to administer immunizations within his or her scope of practice to the student for whom the certificate of nonmedical exemption is sought and who signs the certificate of nonmedical exemption shall submit the nonmedical exemption data to the immunization tracking system created in section 25-4-2403.

(III) Notwithstanding subsections (2.2)(b)(I) and (2.2)(b)(II) of this section, a licensed physician, a physician assistant authorized pursuant to section 12-240-107 (6), an advanced practice registered nurse, or a person authorized pursuant to title 12 to administer immunizations within his or her scope of practice is not subject to a regulatory sanction for failing to submit medical exemption or nonmedical exemption data to the immunization tracking system.

(2.3) (a) On or before January 1, 2021, the department of public health and environment shall develop and post on its website a standardized certificate of medical exemption form and a standardized certificate of nonmedical exemption form. The department of public health and environment shall post any updated form on its website.

(b) At a minimum, the forms developed by the department of public health and environment must:

(I) Include a notice that informs the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older of the option to exclude the student's medical or nonmedical exemption information from the immunization tracking system established in section 25-4-2403;

(II) Be limited to requests for information related to collecting data pertaining to a medical or nonmedical exemption, including but not limited to:

(A) The student's immunization information and the vaccine or vaccines for which the exemption applies; and

(B) Whether a medical exemption or a nonmedical exemption is claimed;

(III) Not require the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older to provide any demographic data except the student's name, date of birth, sex, and school's name and location, and the parent's or legal guardian's name;

(IV) Include references to scientifically based information regarding the benefits and risks of immunizations; and

(V) Not require the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older to provide any information that would identify the religious faith or describe the reasons for the personal belief of the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older who is claiming a nonmedical exemption. The existing immunization tracking system established in section 25-4-2403 must not receive or store any information that would identify the religious faith or the reasons for the personal belief of the student's parent or legal guardian, the emancipated student, or the student eighteen years of age or older who is claiming the exemption.

(c) The forms developed by the department of public health and environment must not require a parent or legal guardian, emancipated student, or student eighteen years of age or older to sign or indicate agreement with any language regarding immunizations that may be contrary to a religious belief or personal belief that is opposed to immunizations in order to complete the form.

(2.5) The state board of health shall promulgate rules regarding:

(a) Immunization information, including exemption rates, that is available to the public through the department, including evidence-based research, resources and information from credible scientific and public health organizations, peer-reviewed studies, and an online learning module; and

(b) The frequency of submission of exemption forms.

(2.7) (a) The online learning module administered by the department of public health and environment pursuant to subsection (2.5)(a) of this section must:

(I) Include medical and scientific data that is evidence-based and peer reviewed by credible scientific and public health organizations concerning both the benefits and risks of immunizations and evidence-based practices. The module must fairly present both the benefits and risks of immunizations and include data concerning the risk of immunization injury.

(II) Be interactive; and

(III) Include other criteria adopted by the department of public health and environment.

(b) The online learning module must not require a parent or legal guardian, emancipated student, or student eighteen years of age or older to sign or indicate agreement with any language regarding immunizations that may be contrary to a religious belief or personal belief that is opposed to immunizations in order to complete the online learning module.

(3) The state board of health may provide, by regulation, for further exemptions to immunization based upon sound medical practice.

(4) All information distributed to parents by school districts regarding immunization shall inform them of their rights under subsection (2) of this section.

(5) In addition to the requirements pursuant to section 25-4-902 (4)(b), each school shall make the immunization and exemption rates of their enrolled student population publicly available upon request.
C.R.S. § 25-4-1202 — CO Code / Title 25 / Article 4 / Part 12 / Section 25-4-1202
25-4-1202. Streptococcus cash fund
Status: repealed

25-4-1202. Streptococcus cash fund. (1) The executive director of the department of public health and environment shall establish the fees to be collected for any streptococcus culture test performed by the department.

(2) (a) All moneys collected pursuant to this part 12 shall be transmitted to the state treasurer, who shall credit the same to the streptococcus cash fund, which fund is hereby created. All moneys credited to the streptococcus cash fund shall be subject to appropriation by the general assembly to be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or to any other fund.

(b) Repealed.

(3) (a) The executive director of the department of public health and environment shall propose, as part of the annual budget request of the department of public health and environment, an adjustment in the amount of the fee for the streptococcus culture test which the department is authorized by law to collect. The budget request and the adjusted fees for the streptococcus culture test shall reflect direct and indirect costs.

(b) Based upon the appropriation made by the general assembly, the executive director of the department of public health and environment shall adjust the streptococcus fee so that the revenue generated from said fee approximates the department's direct and indirect costs. Such fee shall remain in effect for the fiscal year for which the budget request applies.

(c) Beginning July 1, 1984, and each July 1 thereafter, whenever moneys appropriated to the department of public health and environment for its activities pursuant to this part 12 for the prior fiscal year are unexpended, said moneys shall be made a part of the appropriation to the department for the next fiscal year, and such amount shall not be raised from fees collected by such department. If a supplemental appropriation is made to the department for such activities, the streptococcus fee of the department, when adjusted for the fiscal year next following the year in which the supplemental appropriation was made, shall be adjusted by an additional amount which is sufficient to compensate for such supplemental appropriation. Moneys to be appropriated annually to the department in the general appropriation bill for the purposes of this part 12 shall be designated as cash funds and shall not exceed the amount anticipated to be raised from such fee collected by the department.
C.R.S. § 25-16.5-107 — CO Code / Title 25 / Article 16.5 / Section 25-16.5-107
25-16.5-107. Pollution prevention fees
Status: in_force

25-16.5-107. Pollution prevention fees. (1) (a) The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows:

(I) Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;

(II) Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and

(III) Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.

(b) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 FR 41981 (1993), the department has the authority to collect Pollution prevention fees.

(c) Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.

(d) Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.

(e) Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).

(f) It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.

(2) The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.
C.R.S. § 25-48-122 — CO Code / Title 25 / Article 48 / Section 25-48-122
25-48-122. Claims by government entity for costs
Status: in_force

25-48-122. Claims by government entity for costs. A government entity that incurs costs resulting from self-administration of medication prescribed under this article 48 in a public place has a claim against the estate of the individual to recover the costs and reasonable attorney fees related to enforcing the claim.
C.R.S. § 25-23-103 — CO Code / Title 25 / Article 23 / Section 25-23-103
25-23-103. State loan repayment program for dentists and dental hygienists serving underser
Status: repealed

25-23-103. State loan repayment program for dentists and dental hygienists serving underserved populations - creation - conditions. (1) Subject to available appropriations, the department of public health and environment shall develop and maintain a state dental loan repayment program in which the state agrees to pay all or part of the principal, interest, and related expenses of the educational loans of each eligible dental professional. The department of public health and environment shall operate the program in cooperation with other health professional loan repayment programs.

(2) A dental professional is eligible for loan repayment assistance if the dental professional meets at least one of the following criteria:

(a) The dental professional is employed by a federally qualified health center, as defined in the federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4);

(b) The dental professional owns or is employed by a practice that remains open to new clients enrolled in the medicaid program or the children's basic health plan program;

(c) The dental professional owns or is employed by a practice that provides a significant level of service to underserved populations as defined in rule by the board; or

(d) The dental professional provides, on a pro bono basis, a significant level of service to underserved populations.

(3) Loan repayments shall be available to eligible dental professionals on an annual basis, however, an eligible dental professional shall enter into a contract, as a condition of qualifying for the loan repayment assistance, in which the dental professional agrees to provide care to underserved populations for a minimum of two years. The department of public health and environment shall enter into contracts with eligible dental professionals on or after April 1, 2002.

(4) The board may establish the total amount of annual financial assistance available under the loan repayment program to any dental professional in order to promote recruitment and retention of a dental professional. Any contracts for loan repayment shall include reasonable penalties for breach of contract. In the event of a breach of contract for a loan repayment entered into pursuant to this article, the department of public health and environment shall be responsible for enforcing the contract and collecting any damages or other penalties owed.

(5) Nothing in this article shall be interpreted to create a legal entitlement to loan repayment assistance. The amount of assistance available is limited by available appropriations.

(6) The department of public health and environment may apply for any available matching federal funds on behalf of an eligible dental professional and shall use such federal funds to provide all or part of the financing for loan repayment for an eligible dental professional.

(7) Repealed.
C.R.S. § 25-4-408 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-408
25-4-408. Infection control - duties
Status: in_force

25-4-408. Infection control - duties. (1) It is the duty of the executive director, health officers, or local directors to investigate sexually transmitted infections and to use appropriate means to prevent the spread of such sexually transmitted infections.

(2) As part of infection control efforts, it is the duty of the executive director, health officers, and local directors to provide public information; risk-reduction education; voluntary testing; counseling; age-appropriate, medically accurate, and culturally responsive educational materials for school use; and professional education for public safety workers and health-care providers.

(3) The state department shall provide current, evidence-based, and medically accurate programs under which the state department and local public health agencies may perform the following tasks:

(a) Provide and disseminate to health-care providers digital, written, and verbal presentations describing the epidemiology, prevention, testing, diagnosis, treatment, medical services, counseling, and other aspects of sexually transmitted infections;

(b) Provide consultation to agencies and organizations, including those employing public safety workers, regarding appropriate policies for prevention, testing, education, confidentiality, and control of sexually transmitted infections;

(c) Conduct health information programs to inform the general public of the medical and psychosocial aspects of sexually transmitted infections, including updated information on how these infections are transmitted and may be prevented. The state department shall provide and distribute to the residents of the state, at no charge, printed and electronic information and instructions concerning the risks from sexually transmitted infections, the prevention of sexually transmitted infections, and the necessity for testing.

(d) Update and provide educational information concerning sexually transmitted infections that employers may use in the workplace;

(e) Provide and implement medically accurate and culturally appropriate educational risk-reduction programs for specific populations at higher risk for infection; and

(f) Update and provide accurate, age-appropriate, and culturally responsive sexually transmitted infection prevention curricula for use at the discretion of secondary and middle schools in the state.

(4) When investigating sexually transmitted infections, the state department and local public health agencies, within their respective jurisdictions, may inspect and have access to medical and laboratory records relevant to their investigation.

(5) Every person who is confined, detained, or imprisoned in a state, county, or city hospital; an institution for persons with behavioral or mental health disorders; a home for dependent children; a correctional facility; or any other private or charitable institution where a person may be confined, detained, or imprisoned by order of a court of this state must be examined for and, if diagnosed with a sexually transmitted infection, referred for treatment of such sexually transmitted infection, in accordance with current standards of care, by the health authorities having jurisdiction over the given institution. The managing authorities of any such institution shall make available to the health authorities whatever portion of their respective institution as may be necessary for a clinic or hospital for treatment of a person's sexually transmitted infection with current and evidence-based standards of care in a professional manner.

(6) (a) When a public safety worker, emergency or other health-care provider, first responder, victim of crime, or a staff member of a correctional facility, the state department, or a local public health agency has been exposed to blood or other bodily fluids for which there is an evidence-based reason to believe it may result in exposure to a sexually transmitted infection, the state department or local public health agency, within their respective jurisdictions, shall assist in the evaluation and treatment of any involved persons by:

(I) Accessing information on the incident and any persons involved to determine whether a potential exposure to infection occurred;

(II) When the potential for exposure has been determined by the state department or a local public health agency, examining and testing any involved persons to determine infection;

(III) Communicating relevant information and laboratory test results on involved persons directly to the involved person or to his or her attending health-care provider, if the confidentiality of such information and test results are acknowledged by the recipient and adequately protected, as provided for in section 25-4-406; and

(IV) Providing timely counseling to any involved persons on the potential health risks resulting from exposure to infection; prophylaxis and treatment of infections until cured, where possible; treatment to prevent progression of such infections; measures for preventing transmission to others; and the necessity of regular medical evaluations.

(b) For the purposes of this subsection (6), the employer of an involved person shall comply with the provisions of section 25-4-406 and ensure that relevant information and laboratory test results on the involved person are kept confidential.
C.R.S. § 25-3.5-808 — CO Code / Title 25 / Article 3.5 / Part 8 / Section 25-3.5-808
25-3.5-808. Administration - limitation
Status: in_force

25-3.5-808. Administration - limitation. The prevention services division of the department may receive up to five percent of the moneys annually appropriated by the general assembly from the tobacco education programs fund created in section 24-22-117, C.R.S., for the actual costs incurred in administering the program, including the hiring of sufficient staff within the division to effectively administer the program and reimbursement of review committee members pursuant to section 25-3.5-804 (5).
C.R.S. § 25-27.6-101 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-101
25-27.6-101. Legislative declaration
Status: in_force

25-27.6-101. Legislative declaration. (1) The general assembly declares that in order to promote the public health and welfare of the people of Colorado, it is in the public interest to establish and streamline minimum standards and rules for behavioral health entities operating in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules must be sufficient to ensure the health, safety, and welfare of behavioral health entity consumers.

(2) The intent of creating the behavioral health entity license is to:

(a) Provide a single, flexible license category under which community-based behavioral health service providers can provide integrated mental health disorder, alcohol use disorder, and substance use disorder services and meet a consumer's continuum of needs, from crisis stabilization to ongoing treatment;

(b) Provide a regulatory framework for innovative behavioral health service delivery models to meet the needs of both individuals and communities;

(c) Increase parity in the oversight and protection of consumers' health, safety, and welfare between physical health and behavioral health regardless of the payment source; and

(d) Streamline and consolidate the current regulatory structure to enhance community providers' ability to deliver timely and needed services, while ensuring consumer safety.

(3) Further, the general assembly determines and declares that, in administering and enforcing standards for behavioral health entities, the department of public health and environment should focus on behavioral health entity consumer safety and outcomes; reducing regulatory gaps, duplication, and conflicts that hinder access to care; and allowing for new, innovative behavioral health service types with minimal barriers.

(4) It is the intent of the general assembly that the behavioral health entity license is implemented so that a facility currently licensed or previously eligible for licensure as an acute treatment unit or as a community mental health center, community mental health clinic, or crisis stabilization unit that was licensed as a community clinic will transition to the behavioral health entity license no later than July 1, 2022.
C.R.S. § 25-49-104 — CO Code / Title 25 / Article 49 / Section 25-49-104
25-49-104. Transparency - health-care facility charges
Status: in_force

25-49-104. Transparency - health-care facility charges. (1) (a) A health-care facility shall make available to the public, in a single document, either electronically or by posting conspicuously on its website if one exists, the health-care prices for at least:

(I) The fifty most used, diagnosis-related group codes or other codes for in-patient health-care services used by the health-care facility for billing or, if those codes are not used, the codes under another coding system for in-patient health-care services commonly used by the facility and accepted as a national standard for billing; and

(II) The twenty-five most used out-patient CPT codes or health-care services procedure codes used for billing or, if those codes are not used, the codes under another coding system for out-patient health-care services commonly used by the facility and accepted as a national standard for billing.

(b) If a health-care facility did not use fifty codes for in-patient health-care services at least eleven times in the previous twelve months or did not use twenty-five codes for out-patient health-care services at least eleven times in the previous twelve months, the health-care facility shall make available the health-care price for only those most common in-patient and out-patient health-care services or procedure codes that the health-care facility used at least eleven times in the previous twelve months.

(c) A health-care facility shall include with the health-care price provided pursuant to this subsection (1) a plain English description of the service for which the health-care price is provided.

(d) The health-care facility shall update the document as frequently as it deems appropriate, but at least annually.

(2) The health-care facility shall include:

(a) A disclosure specifying that the health-care price for any given health-care service is an estimate and that the actual charges for the health-care service are dependent on the circumstances at the time the service is rendered; and

(b) The following statement or a statement containing substantially similar information:

If you are covered by health insurance, you are strongly encouraged to consult with your health insurer to determine accurate information about your financial responsibility for a particular health-care service provided at this health-care facility. If you are not covered by health insurance, you are strongly encouraged to contact (insert office name and telephone number) to discuss payment options prior to receiving a health-care service from this health-care facility since posted health-care prices may not reflect the actual amount of your financial responsibility.

(3) A health-care facility may disclose the basis for its health-care prices and may take into consideration all payer sources when determining a health-care price.
C.R.S. § 25-5-304 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-304
25-5-304. Sale of bedding exposed to contagion
Status: repealed

25-5-304. Sale of bedding exposed to contagion. (Repealed)
C.R.S. § 25-5-307 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-307
25-5-307. Tagging
Status: in_force

25-5-307. Tagging. (1) No person shall sell bedding or materials therefor to which is not securely sewn by at least one edge a cloth or clothbacked tag at least two inches by three inches in size.

(2) Upon said tag shall be legibly stamped or printed in English in letters at least one-eighth of an inch high:

(a) If the materials used in the manufacture of the article of bedding to which the label is to be attached are entirely new, the label shall be as follows: "The materials used in the manufacture of this mattress (or other article of bedding) are entirely new."

(b) If the materials used in the manufacture of the article to which the label is to be attached are partially or wholly previously used materials, the label shall be as follows: "The materials used in the manufacture of this mattress (or other article of bedding) are previously used materials and have been disinfected."

(c) If the article to which the label is to be attached is secondhand, the label shall be as follows: "This mattress (or other article of bedding) is secondhand."

(3) In addition to the requirements of subsections (1) and (2) of this section, every label shall bear the name and address of the manufacturer or vendor of the article of bedding to which it is attached and the name of the material used to fill such article of bedding.

(4) Nothing likely to mislead shall appear on said tag. The tag shall contain all statements required by this section, and it shall be sewn to the outside covering of every article of bedding sold, manufactured, or remade.

(5) The tagging requirement of this section shall not apply to any individual selling his own personal articles of bedding to another individual.
C.R.S. § 25-16-303 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-303
25-16-303. Voluntary clean-up and redevelopment program - general provisions - fees - acces
Status: in_force

25-16-303. Voluntary clean-up and redevelopment program - general provisions - fees - access to property during reviews. (1) The program established in this part 3 shall be voluntary and may be initiated by:

(a) The submission to the department of an application for approval of a voluntary clean-up plan pursuant to section 25-16-304 for properties where remediation may be necessary to protect human health and the environment in light of the current or proposed use of the property; or

(b) The submission to the department of a no action petition pursuant to section 25-16-307 for properties where remediation is complete or not necessary to protect human health and the environment in light of the current or proposed use of the property.

(2) No person, financial institution, or other entity financing a commercial real estate transaction shall require a purchaser to participate in the voluntary program contained in this part 3, and no entity of Colorado state government regulating any person, financial institution, or other entity financing a commercial real estate transaction shall require evidence of participation in this program to be a component of standard real estate loan documentation.

(3) (a) The program contained in this part 3 is voluntary and may only be initiated by the owner of the subject real property.

(b) The provisions of this part 3 shall not apply to the following:

(I) Property that is listed or proposed for listing on the national priorities list of superfund sites established under the federal act;

(II) Property that is the subject of corrective action under orders or agreements issued pursuant to the provisions of part 3 of article 15 of this title or the federal "Resource Conservation and Recovery Act of 1976", as amended;

(III) Property that is subject to an order issued by or an agreement with the water quality control division pursuant to part 6 of article 8 of this title;

(IV) A facility which has or should have a permit or interim status pursuant to part 3 of article 15 of this title for the treatment, storage, or disposal of hazardous waste; or

(V) Property that is subject to the provisions of part 2 of article 20.5 of title 8, C.R.S.

(4) (a) Each application for approval of a voluntary clean-up plan and each petition for a no action determination shall be accompanied by a filing fee determined by the department at a level sufficient to cover the direct and indirect costs of the department in processing applications for approval of voluntary clean-up plans and petitions for no action under this part 3, but such filing fee shall not exceed two thousand dollars.

(b) (I) The department shall establish and publish hourly rates for review charges performed by the department in connection with applications for approval of voluntary clean-up plans and petitions for no action under this part 3. Within thirty days after the department's approval or denial of a voluntary clean-up plan or no action petition, the department shall bill an applicant or petitioner for all direct and indirect charges of review of applications and petitions under this part 3 in accordance with the hourly rate structure established pursuant to this subparagraph (I). The department's charges shall be billed against the application fee paid pursuant to this subsection (4) in accordance with subparagraph (II) of this paragraph (b).

(II) (A) If the department bills charges in an amount less than the application fee, the department shall return any unused balance to the applicant or petitioner after the department's final determination in the matter has been made.

(B) If the department bills charges that exceed the application fee, the department may bill the applicant or petitioner for direct and indirect charges that the department incurs in excess of the application fee up to a maximum of an additional one thousand dollars.

(C) If the department determines that review of the application cannot be completed for three thousand dollars or less due to the size or complexity of the site, the department shall contact the applicant or petitioner prior to incurring additional charges. The applicant or petitioner shall then be given the opportunity to either negotiate an agreement containing an upper limit on the department's charges and complete the review, or withdraw the application and receive a refund of the unbilled balance of fees already paid to the department. Agreements negotiated pursuant to this sub-subparagraph (C) shall be in writing and shall be signed by authorized representatives of the parties.

(D) The department shall make its best efforts to determine whether the application review will exceed three thousand dollars within the first ten hours of review or, if the applicant or petitioner requests a pre-application conference, within ten business days after such conference.

(c) All moneys collected pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the hazardous substance response fund, created in section 25-16-104.6 (1). Moneys collected pursuant to this subsection (4) shall be subject to annual appropriation by the general assembly only to defray the direct and indirect costs of the department in processing voluntary clean-up plans and petitions for no action determination as specified in this part 3.

(5) During the time allocated for review of applications for voluntary clean-up plans and petitions for no action determination under this part 3, the department shall, upon reasonable notice to the property owner, have access at all reasonable times to the subject real property.
C.R.S. § 25-4-1608 — CO Code / Title 25 / Article 4 / Part 16 / Section 25-4-1608
25-4-1608. Food protection cash fund - creation
Status: in_force

25-4-1608. Food protection cash fund - creation. (1) Fees collected by the department pursuant to section 25-4-1607 and penalties collected pursuant to section 25-4-1611.5 shall be transmitted to the state treasurer, who shall credit them to the food protection cash fund, which fund is hereby created in the state treasury. The general assembly shall appropriate the moneys in the fund to the department for the payment of salaries and expenses necessary for the administration of this part 16.

(2) Forty-three dollars of each fee collected by the department and a county or district board of health pursuant to section 25-4-1607 (1)(a), (1)(a.5), (1)(b), (1)(c), (1)(c.5), (1)(e)(I)(B), (1.5)(a)(I), (1.5)(a)(II), (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), (1.5)(b)(I), (1.5)(b)(II), (1.5)(b)(III), (1.5)(b)(IV), (1.5)(b)(V), and (1.5)(d)(II) shall be transmitted to the state treasurer, who shall credit the fee to the food protection cash fund created in subsection (1) of this section. This portion of the fee shall be used by the department to conduct the duties and responsibilities set forth in section 25-4-1604 (1)(a), (1)(b), (1)(c), (1)(f), (1)(g), and (1)(i). The remainder of the fee shall be retained by the county or district board of health for deposit in the appropriate county or district public health agency fund in accordance with section 25-1-511 or, if the fee is collected by the department, it shall be deposited pursuant to subsection (1) of this section, and used to pay a portion of the cost of conducting a retail food establishment protection program.

(3) Any interest derived from the deposit and investment of moneys in the food protection cash fund shall be credited to such fund. Any unexpended or unencumbered moneys remaining in such fund at the end of a fiscal year shall remain in the fund and shall not revert or be transferred to the general fund or any other fund of the state.
C.R.S. § 25-4-910 — CO Code / Title 25 / Article 4 / Part 9 / Section 25-4-910
25-4-910. Immunization data collection
Status: in_force

25-4-910. Immunization data collection. (1) The department of public health and environment, in consultation with other state departments, shall establish a joint policy on immunization data collection and sharing.

(2) The department of public health and environment shall provide assistance to schools with the analysis and interpretation of the immunization data.
C.R.S. § 25-1-1301 — CO Code / Title 25 / Article 1 / Part 13 / Section 25-1-1301
25-1-1301. Short title
Status: in_force

25-1-1301. Short title. This part 13 shall be known and may be cited as the "Colorado Climate Change Markets Act".
C.R.S. § 25-15-501 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-501
25-15-501. Short title
Status: in_force

25-15-501. Short title. This part 5 shall be known and may be cited as the "State Hazardous Waste Incinerator or Processor Siting Act".
C.R.S. § 25-7-114.4 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-114.4
25-7-114.4. Permit applications - contents - rules - definitions
Status: in_force

25-7-114.4. Permit applications - contents - rules - definitions. (1) The commission shall promulgate such regulations as may be necessary and proper for the orderly and effective administration of construction permits and renewable operating permits. Such regulations shall be in conformity with the provisions of this article and with federal requirements, shall be in furtherance of the policy contained in section 25-7-102, and shall implement, where applicable, permit and permit application contents, procedures, requirements, and restrictions with respect to the following:

(a) Identification and address of the owner and operator of the source or facility from which the emission or emissions are to be permitted;

(b) Location, quantity, and quality characteristics of the permitted emissions;

(c) Inspection, monitoring, record-keeping, and reporting requirements consistent with standard procedures, methods, and requirements established by the division;

(d) Deadlines for submitting permit applications and compliance plans, which, for applications for renewable operating permits, shall be no later than twelve months after the source becomes subject to an approved permit program. Deadlines for submitting permit applications for renewal of renewable operating permits shall be consistent with the requirements for filing such applications promulgated under the federal act but in no event earlier than required under the federal act.

(e) Contents of compliance plans to be submitted with renewable operating permit applications, which shall include schedules of compliance and progress reports at least every six months;

(f) Annual certifications of facility compliance with permit requirements, with prompt reporting of deviations from permit requirements;

(g) Submission of pertinent plans and specifications for the facility or source from which the emission is to be permitted;

(h) Restrictions on transfers of the permit;

(i) Procedures to be followed in the event of expansion or modification of the source or facility from which the emission occurs, or change in the quality, quantity, or frequency of the emission;

(j) Duration of the permit and renewal procedures. The duration of construction permits shall be until the renewable operating permit is issued. The duration of renewable operating permits is five years.

(k) Procedures to terminate, modify, or revoke and reissue permits for cause; procedures to revise permits, prior to renewal or termination, to incorporate applicable standards and regulations adopted after the issuance of such permit as expeditiously as practicable, but not later than eighteen months after promulgation of the applicable requirement, or to incorporate otherwise applicable standards and regulations in the permit; except that no such revision shall be required if the effective date of the standards or regulation occurs after the permit term expires, such revision shall be treated as a permit renewal, and the defense established under subsection (3) of this section shall apply until the permit amendment is complete;

(l) Procedures for incorporating emission limitations and other requirements from an applicable implementation plan, and other applicable requirements, into new or renewed permits;

(m) Procedures for notifying other contiguous states whose air quality may be affected by the emissions or that are within fifty miles of the source and for submitting comments and recommendations regarding the proposed permit;

(n) Procedures for modifying or amending permits, and procedures for authorizing any change within a permitted facility without requiring a permit revision, so long as any such change is not a modification under any provision of subchapter I of the federal act, and any such change does not exceed the emissions allowable under the permit, and advance notice is given to the division and the administrator. Such advance notice shall be no earlier than that required under regulations promulgated pursuant to the federal act. Failure of the division to respond by the day following the last day of such advance notice period allows the source to proceed with any such change.

(o) Procedures to make available to the public any permit application, compliance plan, permit, and monitoring or compliance report, subject to the provisions of section 25-7-119 (4). If an applicant is required to submit information entitled to protection from disclosure, the applicant may submit such information separately.

(p) Procedures for issuing general permits after notice and an opportunity for hearing, covering numerous similar sources;

(q) Procedures for issuing single permits for a facility with multiple sources; and

(r) Requirements for permit applications, including a standard application form and criteria for determining in a timely fashion the completeness of applications.

(2) The division shall examine applications for and may issue, suspend, revoke, modify, deny, and otherwise administer all permits required under this article. Such administration shall be in accordance with the provisions of this article and regulations promulgated by the commission.

(3) (a) Compliance with all renewable operating permit terms and conditions shall be deemed compliance with section 25-7-114.3 and shall be deemed compliance with other applicable provisions of this article if:

(I) The permit includes the applicable requirements of such provisions; or

(II) The division or commission, in acting on the permit application, makes a determination that such other provisions are not applicable, and the permit includes the determination or a concise summary thereof. Such other provisions as are not applicable in each permit shall be identified upon the request of the permittee.

(b) Nothing in paragraph (a) of this subsection (3) shall alter or affect:

(I) The provisions of section 25-7-112 or 25-7-113 or section 303 of the federal act;

(II) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance.

(4) For any permitted sand and gravel operation or crushed stone quarry or oil and gas well operation, if a breakdown of equipment or changes in market conditions require any additional crusher or screen or skid-mounted compressor or glycol dehydrator to be brought onto a site, the air pollutant emission notice filed under section 25-7-114.1 shall also serve as an application for a permit under the provisions of this section to continue operations at such a site with alternative or additional equipment until such permit is issued stating emission limitations.

(5) Provisions for permits for sources that affect disproportionately impacted communities. (a) Rules. (I) No later than June 1, 2023, the commission shall adopt rules to implement the requirements of this subsection (5).

(II) The commission may set thresholds of affected pollutants below which the requirements of this section do not apply.

(III) In adopting rules to implement this subsection (5), the commission shall identify disproportionately impacted communities.

(IV) The commission shall periodically, but not less often than every three years, revisit its identification of disproportionately impacted communities and determinations of affected pollutants.

(b) Applicability and requirements. (I) The requirements of this subsection (5)(b) apply to permits for sources of affected pollutants in disproportionately impacted communities.

(II) (A) The commission's rules must provide for enhanced modeling and monitoring requirements for new and modified sources of affected pollutants in disproportionately impacted communities that are identified or approved at the time of permit application. In adopting the rules, the commission shall also consider requiring enhanced monitoring for existing sources of affected pollutants.

(B) The commission's rules must identify the types of monitoring technology that can be used by the sources of affected pollutants and must allow for the use of alternative methods of monitoring as approved by the division.

(c) Fees. Sources of affected pollutants subject to the requirements of this subsection (5) shall pay a processing fee in conformity with section 25-7-114.7 (2)(a)(III) to cover the division's and commission's direct and indirect costs of implementing the requirements of this section. These fees shall be credited to the stationary sources control fund in accordance with section 25-7-114.7 (2)(b)(I).

(d) Definitions. As used in this subsection (5), unless the context otherwise requires:

(I) "Affected pollutants" means those air pollutants as determined by the commission with the potential to cause or contribute to significant health or environmental impacts. The term includes:

(A) Volatile organic compounds;

(B) Oxides of nitrogen;

(C) Hazardous air pollutants as identified by the commission, including benzene, toluene, ethylbenzene, and xylene; and

(D) Particulate matter that is two and one-half microns or smaller.

(II) "Source of affected pollutants" means a stationary source that emits any affected pollutant in an amount such that a construction permit is required under commission rules.
C.R.S. § 25-4-2207 — CO Code / Title 25 / Article 4 / Part 22 / Section 25-4-2207
25-4-2207. Interagency health disparities leadership council - creation
Status: repealed

25-4-2207. Interagency health disparities leadership council - creation. (Repealed)
C.R.S. § 25-7-1601 — CO Code / Title 25 / Article 7 / Part 16 / Section 25-7-1601
25-7-1601. Legislative declaration
Status: in_force

25-7-1601. Legislative declaration. (1) The general assembly finds and determines that:

(a) Rising temperatures are increasing the demand for air conditioners;

(b) Common types of air conditioners can also provide winter heating if they are configured as heat pumps, which are a more environmentally friendly option than other types of heating, ventilation, and air conditioning systems;

(c) The "Inflation Reduction Act of 2022", the state, and utilities are opening up opportunities to make this technology less expensive than cooling-only systems; and

(d) Colorado should be prepared to take advantage of new opportunities to the maximum extent to create a more affordable and environmentally friendly housing market and heating, ventilation, and air conditioning industry.

(2) The general assembly, therefore, determines and declares that it is in the public interest for the health and environment of the state to require that the Colorado energy office conduct a study of the technical viability, economic conditions, and workforce readiness of standards for configuring new residential air conditioners as heat pumps.
C.R.S. § 25-3.5-203 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-203
25-3.5-203. Emergency medical service providers - licensure - renewal of license - duties of
Status: repealed

25-3.5-203. Emergency medical service providers - licensure - renewal of license - duties of department - rules - record checks - definitions.

(1) (a) Repealed.

(a.5) The executive director or chief medical officer shall regulate the acts emergency medical service providers are authorized to perform subject to the medical direction of a licensed physician. The executive director or chief medical officer, after considering the advice and recommendations of the advisory council, shall adopt and revise rules, as necessary, regarding the regulation of emergency medical service providers and their duties and functions.

(b) The department shall certify and license emergency medical service providers. The board shall adopt rules for the certification and licensure of emergency medical service providers. The rules must include the following:

(I) A statement that a certificate or license is valid for a period of three years after the date of issuance;

(II) A statement that the certificate or license is renewable at its expiration upon the certificate holder's or licensee's satisfactory completion of the training requirements established pursuant to subsection (2) of this section;

(III) Provisions governing the use of results of national and state criminal history record checks by the department to determine the action to take on a certification or license application pursuant to subsection (4) of this section. Notwithstanding section 24-5-101, provisions governing the use of criminal history record check results must allow the department to consider whether the applicant has been convicted of a felony or misdemeanor involving moral turpitude and the pertinent circumstances connected with the conviction and to make a determination whether the conviction disqualifies the applicant from certification or licensure.

(IV) Disciplinary sanctions, which must include provisions for the denial, revocation, and suspension of certificates and licenses and the suspension and probation of certificate holders and licensees;

(V) An appeals process pursuant to sections 24-4-104 and 24-4-105 that is applicable to department decisions in connection with certifications and licenses and sanctions;

(VI) Pursuant to subsection (1)(b.5) of this section, rules regarding the conversion of an emergency medical service provider's valid certification to a license upon the emergency medical service provider's demonstration to the satisfaction of the department that the emergency medical service provider has completed a four-year bachelor's degree program from an accredited college or university in a field related to the health sciences or an equivalent field, as determined by the board by rule; and

(VII) A statement that an emergency medical service provider may practice in a clinical setting, as defined in section 25-3.5-207 (1)(a), subject to the requirements of section 25-3.5-207 and rules adopted by the board.

(b.5) (I) On or after January 1, 2021, an individual in this state who holds a valid emergency medical service provider certificate issued by the department may apply for a license issued by the department pursuant to this section. The department may issue a license to a certificate holder who has completed a four-year bachelor's degree program from an accredited college or university in a field related to the health sciences or an equivalent field, as determined by the board by rule.

(II) The conversion of an emergency medical service provider's certification to licensure pursuant to this subsection (1)(b.5) does not:

(A) Affect any prior discipline, limitation, or condition imposed by the department on an emergency medical service provider;

(B) Limit the department's authority over any certificate holder; or

(C) Affect any pending investigation or administrative proceeding.

(c) (I) The department may issue a provisional certification or license to an applicant for certification or licensure as an emergency medical service provider who requests issuance of a provisional certification or license and who pays any fee authorized under rules adopted by the board. A provisional certification or license is valid for not more than ninety days.

(II) The department shall not issue a provisional certification or license unless the applicant satisfies the requirements for certification or licensure in accordance with this section and rules adopted by the board under this subsection (1). If the department finds that an emergency medical service provider who has received a provisional certification or license has violated any requirements for certification or licensure, the department may impose disciplinary sanctions under subsection (1)(b)(IV) of this section.

(III) The department may issue a provisional certification or license to an applicant whose fingerprint-based criminal history record check has not yet been completed. The department shall require the applicant to submit to a name-based judicial record check prior to issuing a provisional certification or license.

(IV) The board shall adopt rules as necessary to implement this subsection (1)(c), including rules establishing a fee for provisional certification or licensure. The department shall deposit any fee collected for a provisional certification or license in the emergency medical services account created in section 25-3.5-603.

(d) (I) The department shall exempt certified or licensed emergency medical service providers who have been called to federally funded active duty for more than one hundred twenty days to serve in a war, emergency, or contingency from the payment of certification or license fees and from continuing education or professional competency requirements of this article 3.5 for a renewal date during the service or the six months after the completion of service.

(II) Upon presentation of satisfactory evidence by an applicant for certification or license renewal, the department may accept continuing medical education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to renew the individual's certification or license.

(III) (A) A veteran, active military service member, or member of the National Guard and reserves separating from an active duty tour or the spouse of a veteran or member may apply for certification or licensure under this article 3.5 while stationed or residing within this state. The veteran, member, or spouse is exempt from the initial certification or licensure requirements in this article 3.5, except for those in subsection (4) of this section, if the veteran, member, or spouse holds a current, valid, and unrestricted certification from the National Registry of Emergency Medical Technicians (NREMT) at or above the level of state certification being sought.

(B) The department shall expedite the processing of a certification or license application submitted by a veteran, active military service member, or member of the National Guard and reserves separating from an active duty tour or the spouse of a veteran or member.

(IV) The board shall promulgate rules to implement this subsection (1)(d), including the criteria and evidence for acceptable continuing medical education and training or service.

(2) (a) The council shall advise the department and the board in establishing the training requirements for certificate or license renewal, which training requirements must include a classroom component requiring at least thirty-six and not more than fifty classroom hours.

(b) With the exception of using the term "excited delirium" in the teaching of the history of the term, a person or entity conducting a training program for emergency medical service providers shall not include any training on or reference to the term "excited delirium" in any training program. Nothing in this section prohibits the instruction of emergency medical service courses that include the safe and effective medical interaction with individuals exhibiting an altered mental state, including symptomatology of a state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity from pain.

(c) For purposes of subsection (2)(b) of this section, "excited delirium" means a term used to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. "Excited delirium" also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.

(3) Repealed.

(4) (a) The department shall require a certification or licensure applicant to submit to a federal bureau of investigation fingerprint-based national criminal history record check from the Colorado bureau of investigation to investigate the applicant for an emergency medical service provider certificate or license. The department may acquire a name-based judicial record check for a certificate or license applicant.

(b) Each emergency medical service provider certification or licensure applicant required under this subsection (4) to submit to a federal bureau of investigation fingerprint-based national criminal history record check shall obtain a complete set of fingerprints taken by a local law enforcement agency, another entity designated by the department, or any third party approved by the Colorado bureau of investigation. If an approved third party takes the applicant's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's information for more than thirty days unless requested to do so by the applicant. The approved third party or government entity shall transmit the fingerprints to the Colorado bureau of investigation, which shall in turn forward them to the federal bureau of investigation for a national criminal history record check. The department or other authorized government entity is the authorized agency to receive and disseminate information regarding the result of a national criminal history record check. Each entity handling the national criminal history record check shall comply with Pub.L. 92-544, as amended. Each government entity acting as the authorized recipient of the result of a national criminal history record check shall forward the result of the initial national criminal history record check and any subsequent notification of activity on the record to the department to determine the individual's eligibility for initial certification or licensure or certification or licensure renewal.

(c) to (e) (Deleted by amendment, L. 2019.)

(f) If an applicant for certification or licensure renewal has lived in Colorado for:

(I) More than three years at the time of certification or licensure renewal and submitted to a federal bureau of investigation fingerprint-based national criminal history record check at the time of initial certification or licensure or at the time of a previous renewal of certification or licensure, the applicant is not required to submit to a subsequent fingerprint-based criminal history record check; or

(II) Three years or less at the time of certification or licensure renewal and submitted to a federal bureau of investigation fingerprint-based national criminal history record check at the time of initial certification or licensure or a previous renewal of certification or licensure, the applicant shall submit to another federal bureau of investigation fingerprint-based national criminal history record check from the Colorado bureau of investigation; except that the department may acquire a state name-based judicial record check for an applicant.

(g) When the results of a fingerprint-based criminal history record check of a person performed pursuant to this subsection (4) reveal a record of arrest without a disposition, the department, government entity, or private, not-for-profit, or for-profit organization that required the fingerprint-based criminal history record check shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(4.5) (a) As used in this subsection (4.5), unless the context otherwise requires:

(I) "Cat" means a small, domesticated feline animal that is kept as a pet. "Cat" does not include a nondomesticated wild animal.

(II) "Dog" means any canine animal owned for domestic, companionship, service, therapeutic, or assistance purposes.

(III) "Emergency medical service provider" means an emergency medical service provider that is certified or licensed by the department of public health and environment, created under section 25-1-102.

(IV) "Employer" means an entity or organization that employs or enlists the services of an emergency medical service provider, regardless of whether the provider is paid or is a volunteer. The employer may be a public, private, for-profit, or nonprofit organization or entity; or a special district.

(V) "Preveterinary emergency care" means the immediate medical stabilization of a dog or cat by an emergency medical service provider, in an emergency to which the emergency medical service provider is responding, through means including oxygen, fluids, medications, or bandaging, with the intent of enabling the dog or cat to be treated by a veterinarian. "Preveterinary emergency care" does not include care provided in response to an emergency call made solely for the purpose of tending to an injured dog or cat, unless a person's life could be in danger attempting to save the life of a dog or cat.

(b) Notwithstanding any other provision of law, an emergency medical service provider may provide preveterinary emergency care to dogs and cats to the extent the provider has received commensurate training and is authorized by the employer to provide the care. Requirements governing the circumstances under which emergency medical service providers may provide preveterinary emergency care to dogs and cats may be specified in the employer's policies governing the provision of care.

(c) Notwithstanding any other provision of law, nothing in this subsection (4.5) imposes upon an emergency medical service provider any obligation to provide care to a dog or cat, or to provide care to a dog or cat before a person.

(5) Repealed.
C.R.S. § 25-29-101 — CO Code / Title 25 / Article 29 / Section 25-29-101
25-29-101. Legislative declaration
Status: in_force

25-29-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The city and county of Denver department of health and hospitals:

(I) Provides access to quality preventive, acute, and chronic health care for all the citizens of Denver regardless of ability to pay;

(II) Provides high quality emergency medical services to the citizens of Denver and the Rocky Mountain region;

(III) Fulfills public health functions as dictated by the Denver charter and the needs of the citizens of Denver;

(IV) Provides health education for patients and participates in the education of the next generation of health-care professionals; and

(V) Engages in research which enhances its ability to meet the health-care needs of patients of the Denver health system.

(b) In order to carry out its patient care and community service mission in an era of health-care reform, it is necessary that the Denver health system be able to take whatever actions are necessary to enable its continuation as a system which provides the finest possible quality of health care.

(c) It is essential that the Denver health system be able to maximize its economic viability and productivity in order to avoid becoming increasingly dependent on city, state, and other governmental subsidies.

(d) Both the quality and economic viability of the Denver health system will be difficult to maintain in the future under the present constraints imposed by government policy and regulation.

(e) The needs of the citizens of the state of Colorado and of the city and county of Denver will therefore be best served if the Denver health system is operated by a political subdivision charged with carrying out the mission and programs of the Denver health system.

(2) The general assembly further finds and declares that, after the transfer date, all new employees of the Denver health system shall be employees of the authority.
C.R.S. § 25-42-101 — CO Code / Title 25 / Article 42 / Section 25-42-101
25-42-101. Legislative declaration
Status: in_force

25-42-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) State and local governmental hospital care providers form a critical part of the health-care delivery system in Colorado; and

(b) Federal programs require the state to further define a unit of government for certain state and local governmental hospital care providers.
C.R.S. § 25-4-1005 — CO Code / Title 25 / Article 4 / Part 10 / Section 25-4-1005
25-4-1005. Exceptions
Status: in_force

25-4-1005. Exceptions. Nothing in the provisions of this part 10 shall be construed to require the testing or medical treatment for the minor child of any person who has personal objection to the administration of the tests or treatment or of any person who is a member of a well-recognized church or religious denomination and whose religious convictions in accordance with the tenets or principles of the church or religious denomination are against medical treatment for disease or physical defects.
C.R.S. § 25-7-304 — CO Code / Title 25 / Article 7 / Part 3 / Section 25-7-304
25-7-304. Emission reduction offsets
Status: in_force

25-7-304. Emission reduction offsets. The attainment program shall provide that emission reduction offsets which exceed those otherwise necessary to the granting of a permit under this part 3 may be preserved for sale or use in the future. Any emission reduction offset so preserved for future use and credit shall be specifically identified either in the state implementation plan or in the permit for the source as to which such offset was originally obtained. Any offsets so preserved and identified shall not in any way be condemned or taken under the provisions of articles 1 to 7 of title 38, C.R.S.
C.R.S. § 25-20.5-110 — CO Code / Title 25 / Article 20.5 / Part 1 / Section 25-20.5-110
25-20.5-110. Coordinated comprehensive community-based prevention and intervention services -
Status: repealed

25-20.5-110. Coordinated comprehensive community-based prevention and intervention services - pilot program - reports - repeal. (Repealed)
C.R.S. § 25-4-1707 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1707
25-4-1707. Moneys targeted for medical assistance for infants - reimbursement
Status: in_force

25-4-1707. Moneys targeted for medical assistance for infants - reimbursement. The state department of health care policy and financing shall reimburse the department of public health and environment for the costs of vaccinating infants under the infant immunization program who are medicaid eligible pursuant to the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, C.R.S. Such moneys received from the state department of health care policy and financing shall be credited to the immunization fund.
C.R.S. § 25-6-205 — CO Code / Title 25 / Article 6 / Part 2 / Section 25-6-205
25-6-205. Services may be refused
Status: in_force

25-6-205. Services may be refused. The refusal of any person to accept family planning and birth control services shall in no way affect the right of such person to receive public assistance or to avail himself of any other public benefit, and every person to whom such services are offered shall be so advised initially both orally and in writing. County and city and county employees engaged in the administration of this part 2 shall recognize that the right to make decisions concerning family planning and birth control is a fundamental personal right of the individual, and nothing in this part 2 shall in any way abridge such individual right, nor shall any individual be required to state his reason for refusing the offer of family planning and birth control services.
C.R.S. § 25-4-1802 — CO Code / Title 25 / Article 4 / Part 18 / Section 25-4-1802
25-4-1802. Legislative declaration
Status: in_force

25-4-1802. Legislative declaration. The general assembly finds, determines, and declares that the certification of shellfish dealers and the regulation of premises or places wherein shellfish are handled, stored, and processed for distribution in accordance with the guidelines of the national shellfish sanitation program administered by the United States food and drug administration is necessary to protect the public health; will benefit consumers by ensuring that the sale and distribution of shellfish is from safe sources; will assist retailers by ensuring that shellfish have not been adulterated during processing, shipping, or handling; and will contribute to the economic health of the state by assuring that Colorado certified dealers are permitted to ship their product in interstate commerce.
C.R.S. § 25-7-114.1 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-114.1
25-7-114.1. Air pollutant emission notices - rules - fees
Status: in_force

25-7-114.1. Air pollutant emission notices - rules - fees. (1) (a) No person shall permit emission of air pollutants from, or construction or alteration of, any facility, process, or activity except residential structures from which air pollutants are, or are to be, emitted unless and until an air pollutant emission notice has been filed with the division with respect to such emission. The commission may require that air pollutant emission notices for greenhouse gas, as defined in section 25-7-140 (6), report the previous calendar year's emissions of greenhouse gas in the form of carbon dioxide equivalent. An air pollutant emission notice is valid for a period of no more than five years.

(b) With regard to the changes made in 2021 by House Bill 21-1266:

(I) Nothing:

(A) Alters the greenhouse gas emission reduction goals previously established in section 25-7-102 (2)(g), in either amount or timing; or

(B) Detracts from the air quality control commission's existing authority to require more than the minimum greenhouse gas emission reduction goals and deadlines previously established in section 25-7-102 (2)(g); and

(II) The changes add to, but do not otherwise alter, the air quality control commission's authority and obligation to publish and promulgate rules pursuant to sections 25-7-102 (2)(g), 25-7-105, and 25-7-140.

(2) A revised emission notice shall be filed whenever a significant change in emissions, in processes, or in the facility is anticipated or has occurred or as the commission otherwise determines to be necessary. The revised air pollutant emission notice is valid for no more than five years or until the underlying permit expires. The commission shall exempt those sources or categories of sources that it determines to be of minor significance from the requirement that an air pollutant emission notice be filed.

(3) The commission shall promulgate a list of air pollutants that are required to be reported in an air pollutant emission notice. No later than December 31, 2022, the commission shall include greenhouse gas, as defined in section 25-7-140 (6), in the list of air pollutants required to be reported in an air pollutant emission notice and shall identify the categories of sources for which and the thresholds below which greenhouse gas does not need to be reported in an air pollutant emission notice. An air pollutant emission notice for greenhouse gases need not be required for a facility or entity that is otherwise exempt from reporting greenhouse gas emissions to the division pursuant to a rule adopted by the commission. Prior to the commission's promulgation of such a list of air pollutants to be reported in an air pollutant emission notice, sources shall report any emissions of the following that are in excess of de minimis quantities:

(a) Volatile organic compounds or precursors of air quality problems in Colorado as determined by the commission by regulation;

(b) Any pollutant regulated under section 25-7-109.3 or under section 112(b) of the federal act;

(c) Any pollutant for which a national primary ambient air quality standard has been promulgated under section 109 of the federal act;

(d) All extremely hazardous substances listed pursuant to section 302(a)(2) of the federal "Superfund Amendments and Reauthorization Act of 1986", 42 U.S.C. sec. 11002 (a)(2).

(4) Each notice required by this section must specify the location at which the proposed emission will occur; the name and address of the person operating or owning the facility, process, or activity; the nature of the facility, process, or activity; and an estimate of the quantity and composition of the expected emission. The division shall provide appropriate forms on which the information required by this section must be furnished.

(5) (Deleted by amendment, L. 2001, p. 640, § 2, effective May 30, 2001.)

(6) (a) For state fiscal year 2020-21, the fee for filing an air pollutant emission notice or an amendment to the notice under this section is two hundred sixteen dollars. For state fiscal year 2021-22, the fee for filing an air pollutant emission notice or an amendment to the notice under this section is two hundred forty-two dollars. Thereafter, the commission may adjust the fee by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7. The money collected pursuant to this subsection (6)(a) shall be transmitted to the state treasurer, who shall credit it to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).

(b) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (6), the commission by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
C.R.S. § 25-7-132 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-132
25-7-132. Emission data - public availability - submission of 2023 reports to state audito
Status: repealed

25-7-132. Emission data - public availability - submission of 2023 reports to state auditor - definitions - repeal. (1) Notwithstanding any other provisions of this article 7 or any other law to the contrary, all emission data received or obtained by the commission or the division shall be available to the public to the extent required by the federal act.

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

(I) "Operator" has the meaning set forth in section 34-60-103.

(II) "Random sample" has the meaning set forth in section 2-3-128 (1)(e).

(b) On or before April 15, 2025, the division shall submit to the state auditor the oil and natural gas emissions inventory reports, as required to be submitted by rule of the commission, filed for calendar year 2023 by the operators included in the random sample.

(c) This subsection (2) is repealed, effective July 1, 2026.
C.R.S. § 25-58-105 — CO Code / Title 25 / Article 58 / Section 25-58-105
25-58-105. Requirements for covered entities - penalty for noncompliance
Status: in_force

25-58-105. Requirements for covered entities - penalty for noncompliance. (1) Not later than sixty days after the department issues or updates the service availability form, each covered entity shall submit a completed service availability form to the department. A covered entity shall also submit an updated service availability form within thirty days after making a change to the availability of a health-care service identified on the service availability form.

(2) Not later than October 1, 2024, each covered entity shall adopt a policy for providing patients with its current service availability form during scheduling for LGBTQ health-care services, reproductive health-care services, or end-of-life health-care services, and at the time privacy requirements specified in the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, are provided to patients prior to the initiation of health-care services, or upon request, and for recording the patient's receipt of the form. The covered entity's policy must also encourage health-care professionals who have privileges with the covered entity to provide the covered entity's service availability form to the patient or the patient's representative prior to any scheduled health-care service at the covered entity.

(3) On and after October 1, 2024, each covered entity shall:

(a) Provide the current service availability form to the patient or the patient's representative during scheduling for LGBTQ health-care services, reproductive health-care services, or end-of-life health-care services and at the time privacy requirements specified in the federal "Health Insurance Portability and Accountability Act of 1996", Pub.L. 104-191, as amended, are provided to patients before any health-care service is initiated. If providing the current service availability form is impracticable because of an emergency or other circumstances, the covered entity may delay the provision of the service availability form, as appropriate.

(b) Maintain a record of the patient's or the patient's representative's receipt of the service availability form; and

(c) Provide the current service availability form to any person upon request.

(4) A covered entity that fails to comply with this section is subject to a fine not exceeding one thousand dollars for each day that the covered entity is not in compliance with this section.
C.R.S. § 25-5.5-311 — CO Code / Title 25 / Article 5.5 / Part 3 / Section 25-5.5-311
25-5.5-311. Products detained or embargoed - when
Status: in_force

25-5.5-311. Products detained or embargoed - when. Whenever any duly authorized agent of the department finds or has probable cause to believe that any frozen dessert specified in this part 3 is adulterated or misbranded within the meaning of this part 3, he shall affix to such product container a tag or other appropriate marking, giving notice that such frozen dessert is or is suspected of being adulterated or misbranded and that it is being detained or embargoed and warning all persons not to remove or dispose of such product by sale or otherwise until provision for removal or disposal is given by the department. No person shall remove or dispose of such embargoed product by sale or otherwise without permission of the department or its agent or, after summary proceedings have been instituted, without permission from the court having jurisdiction. If the embargo is removed by the department or by the court, neither the department nor the state shall be held liable for damages because of such embargo in the event that the court finds that there was probable cause for the embargo.
C.R.S. § 25-1-136 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-136
25-1-136. Kidney disease prevention and education task force - created - powers and duties
Status: repealed

25-1-136. Kidney disease prevention and education task force - created - powers and duties - report - selection of chair and vice-chair - sunset review - repeal. (1) The kidney disease prevention and education task force, referred to in this section as the "task force", is hereby created.

(2) The task force consists of the following nine voting members:

(a) Two members from the general assembly, collectively referred to in this section as the "elected members", as follows:

(I) One member of the senate, appointed by the president of the senate; and

(II) One member of the house of representatives, appointed by the speaker of the house of representatives.

(b) The task force consists of the following other voting members, collectively referred to in this section as the "nonelected members", with four members being appointed by the president of the senate and the speaker of the house of representatives and three members being appointed by the minority leader of the senate and the minority leader of the house of representatives:

(I) The executive director of the department or the executive director's designee;

(II) One member representing the renal provider community;

(III) One member representing a Colorado medical center with a program dedicated to treating kidney disease;

(IV) One member representing the nephrologist community;

(V) One member from a nonprofit organization focusing on kidney disease;

(VI) One member representing the kidney patient community; and

(VII) One member from an organization representing the health interests of minority populations.

(3) (a) All appointments to the task force shall be made no later than October 1, 2021. The elected members appointed to serve on the task force shall be of different party affiliations. The terms of the elected members terminate on the convening date of the first regular session of the seventy-fourth general assembly. As soon as practicable after such convening date, but no later than the end of the legislative session, the speaker of the house of representatives and the president of the senate shall each appoint or reappoint the elected members. Thereafter, the terms of the elected members expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments of the elected members must be made as soon as practicable after the convening date, but no later than the end of the legislative session.

(b) The terms of the nonelected members are for the duration of the task force. The person making the original appointment or reappointment to the task force shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed serve at the pleasure of the appointing authority and continue to serve until the member's successor is appointed.

(4) (a) The elected members shall convene the first meeting of the task force no later than November 1, 2021. At the first meeting, the members shall select a chair and a vice-chair from among the elected members. The elected members shall alternate as chair and vice-chair every year thereafter for the duration of the task force.

(b) The task force shall meet at least four times each year and at such other times as it deems necessary. The chair and vice-chair may establish such organizational and procedural rules as are necessary for the operation of the task force.

(5) The purposes of the task force are:

(a) To work directly with policymakers, public health entities, nonprofit organizations that work with people with disabilities, and educational institutions to create health educational programs concerning kidney disease and to increase awareness of kidney disease throughout the state of Colorado;

(b) To examine chronic kidney disease, transplantation, living and deceased kidney donation, kidney disease in children and people with disabilities, and the higher rates of affliction in minority populations; and

(c) To develop a sustainable plan to raise awareness about early detection of kidney disease, to promote health equity and transplantation, and to reduce the burden of kidney disease, throughout the state of Colorado, which shall include an ongoing campaign that incorporates:

(I) Health education workshops and seminars;

(II) Preventative screenings;

(III) Social media campaigns; and

(IV) Television and radio commercials.

(6) The department shall select a Colorado medical center owned or operated by a hospital authority created in state law with a program dedicated to treating kidney disease to administer the task force. The department shall award grants to the medical center to provide for the reasonable costs of administering the task force. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(7) (a) On or before December 1, 2023, the task force shall submit its initial report, including its findings and recommendations on the issues identified in subsection (5) of this section, to the department.

(b) On or before August 31, 2026, the task force shall submit its final report, including its findings and recommendations on the issues identified in subsection (5) of this section, to the department.

(c) Notwithstanding section 24-1-136 (11), after December 1, 2023, the department shall include the initial report or final report submitted to the department, as applicable, as part of the department's presentation to its joint committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

(8) This section is repealed, effective September 1, 2026. Before the repeal, the task force is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 25-48-110 — CO Code / Title 25 / Article 48 / Section 25-48-110
25-48-110. Informed decision required
Status: in_force

25-48-110. Informed decision required. (1) An individual with a terminal illness is not a qualified individual and may not receive a prescription for medical aid-in-dying medication unless he or she has made an informed decision.

(2) Immediately before writing a prescription for medical aid-in-dying medication under this article 48, the attending provider shall verify that the individual with a terminal illness is making an informed decision.
C.R.S. § 25-1.5-118 — CO Code / Title 25 / Article 1.5 / Part 1 / Section 25-1.5-118
25-1.5-118. Training for staff providing direct-care services to residents with dementia - r
Status: in_force

25-1.5-118. Training for staff providing direct-care services to residents with dementia - rules - definitions. (1) By January 1, 2024, the state board of health shall adopt rules requiring covered facilities to provide dementia training for direct-care staff members. The rules must specify the following, at a minimum:

(a) The date on which the dementia training requirement is effective;

(b) The length and frequency of the dementia training, which must be competency-based and must require a covered facility to provide:

(I) At least four hours of initial dementia training for:

(A) All direct-care staff members hired by or who start providing direct-care services at a covered facility on or after the effective date of the dementia training requirement specified in the rules, unless an exception established pursuant to subsection (1)(e) of this section applies, which training must be completed within one hundred twenty days after the start of employment or the provision of direct-care services, as applicable; and

(B) All direct-care staff members hired by or providing direct-care services at a covered facility before the effective date of the dementia training requirement specified in the rules, unless an exception established pursuant to subsection (1)(e) of this section applies, which training must be completed within one hundred twenty days after the effective date of the dementia training requirement specified in the rules; and

(II) At least two hours of continuing education on dementia topics for all direct-care staff members every two years. The continuing education must include current information on best practices in the treatment and care of persons living with dementia diseases and related disabilities.

(c) The content of the initial dementia training, which must be culturally competent and include the following topics:

(I) Dementia diseases and related disabilities;

(II) Person-centered care;

(III) Care planning;

(IV) Activities of daily living; and

(V) Dementia-related behaviors and communication;

(d) The method of demonstrating completion of the required dementia training and continuing education and of exempting a direct-care staff member from the required dementia training if the direct-care staff member moves to a different covered facility than the covered facility through which the direct-care staff member received the training. For purposes of this subsection (1)(d), "covered facility" includes an adult day care facility as defined in section 25.5-6-303 (1).

(e) An exception to the initial dementia training requirements for:

(I) A direct-care staff member hired by or who starts providing direct-care services at a covered facility on or after the effective date of the dementia training requirement specified in the rules who has:

(A) Completed an equivalent dementia training program within the twenty-four months immediately preceding the effective date of the dementia training requirement specified in the rules; and

(B) Provided proof of satisfactory completion of the training program; and

(II) A direct-care staff member hired by or providing direct-care services at a covered facility before the effective date of the dementia training requirement specified in the rules who has:

(A) Received equivalent training, as defined in the rules, within the twenty-four months immediately preceding the effective date of the dementia training requirement specified in the rules; and

(B) Provided proof of satisfactory completion of the training program;

(f) Minimum requirements for individuals conducting the dementia training;

(g) A process for the department to verify compliance with this section and the rules adopted by the state board of health pursuant to this section;

(h) A requirement that covered facilities provide the dementia training and continuing education programs to direct-care staff members at no cost to the staff members; and

(i) Any other matters the state board of health deems necessary to implement this section.

(2) The department shall encourage covered facilities and dementia training providers to explore and apply for available gifts, grants, and donations from state and federal public and private sources to support the development and implementation of dementia training programs.

(3) As used in this section:

(a) "Covered facility" means a nursing care facility or an assisted living residence licensed by the department pursuant to section 25-1.5-103 (1)(a).

(b) "Dementia diseases and related disabilities" has the same meaning as set forth in section 25-1-502 (2.5).

(c) "Direct-care staff member" means a staff member caring for the physical, emotional, or mental health needs of residents in a covered facility and whose work involves regular contact with residents who are living with dementia diseases and related disabilities.

(d) "Staff member" means an individual, other than a volunteer, who is employed by a covered facility.
C.R.S. § 25-17-301 — CO Code / Title 25 / Article 17 / Part 3 / Section 25-17-301
25-17-301. Short title
Status: in_force

25-17-301. Short title. This part 3 shall be known and may be cited as the "Electronic Recycling Jobs Act".
C.R.S. § 25-3.5-206 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-206
25-3.5-206. Emergency medical practice advisory council - creation - powers and duties - eme
Status: repealed

25-3.5-206. Emergency medical practice advisory council - creation - powers and duties - emergency medical service provider scope of practice - definitions - rules. (1) There is created in the department, under the direction of the director of the department, the emergency medical practice advisory council, referred to in this part 2 as the "advisory council". The advisory council is responsible for advising the department regarding the appropriate scope of practice for emergency medical service providers certified or licensed under section 25-3.5-203. The advisory council is a type 2 entity, as defined in section 24-1-105.

(2) (a) The advisory council consists of the following thirteen members:

(I) Eight voting members appointed by the governor as follows:

(A) Two physicians licensed in good standing in Colorado who are actively serving as emergency medical service medical directors and are practicing in rural or frontier counties;

(B) Two physicians licensed in good standing in Colorado who are actively serving as emergency medical service medical directors and are practicing in urban counties;

(C) One physician licensed in good standing in Colorado who is actively serving as an emergency medical service medical director in any area of the state;

(D) One emergency medical service provider certified or licensed at an advanced life support level who is actively involved in the provision of emergency medical services;

(E) One emergency medical service provider certified or licensed at a basic life support level who is actively involved in the provision of emergency medical services; and

(F) One emergency medical service provider certified or licensed at any level who is actively involved in the provision of emergency medical services;

(II) One voting member who, as of July 1, 2010, is a member of the state emergency medical and trauma services advisory council, appointed by the executive director of the department;

(III) Two nonvoting ex officio members appointed by the executive director of the department.

(IV) One voting member who is a clinical psychiatrist licensed in good standing in Colorado, recommended by a statewide association of psychiatrists, and appointed by the governor; and

(V) One voting member who is an anesthesiologist licensed in good standing in Colorado, recommended by a statewide association of anesthesiologists, and appointed by the governor.

(b) Members of the advisory council shall serve four-year terms; except that, of the members initially appointed to the advisory council by the governor, four members shall serve three-year terms. A vacancy on the advisory council shall be filled by appointment by the appointing authority for that vacant position for the remainder of the unexpired term. Members serve at the pleasure of the appointing authority and continue in office until the member's successor is appointed.

(c) Members of the advisory council shall serve without compensation but shall be reimbursed from the emergency medical services account, created in section 25-3.5-603, for their actual and necessary travel expenses incurred in the performance of their duties under this article.

(d) The advisory council shall elect a chair and vice-chair from its members.

(e) The advisory council shall meet at least quarterly and more frequently as necessary to fulfill its obligations.

(f) The department shall provide staff support to the advisory council.

(g) As used in this subsection (2), "licensed in good standing" means that the physician holds a current, valid license to practice medicine in Colorado that is not subject to any restrictions.

(3) The advisory council shall provide general technical expertise on matters related to the provision of patient care by emergency medical service providers and shall advise or make recommendations to the department in the following areas:

(a) The acts and medications that emergency medical service providers at each level of certification or licensure are authorized to perform or administer under the direction of a physician medical director. The advisory council shall submit a report to the house of representatives health and insurance committee and the senate health and human services committee, or any successor committees, any time the advisory council advises or recommends authorizing the administration of any new chemical restraint, as defined in section 26-20-102 (2). The report must include the advisory council's reasoning for such advisement or recommendation.

(b) Requests for waivers to the scope of practice rules adopted pursuant to this section and section 25-3.5-203 (1)(a.5);

(c) Modifications to emergency medical service provider certification or licensure levels and capabilities; and

(d) Criteria for physicians to serve as emergency medical service medical directors.

(4) (a) The director or, if the director is not a physician, the chief medical officer shall adopt rules in accordance with article 4 of title 24 concerning the scope of practice of emergency medical service providers. The rules must include the following:

(I) Allowable acts for each level of emergency medical service provider certification or licensure and the medications that a certificate holder or licensee at each level of emergency medical service provider certification or licensure can administer;

(II) Defining the physician medical direction required for appropriate oversight of an emergency medical service provider by an emergency medical services medical director;

(III) Criteria for requests to waive the scope of practice rules in a prehospital setting and the conditions for the waivers;

(IV) Minimum standards for physicians to be emergency medical services medical directors; and

(V) (A) Standards for the issuance by the department of a critical care endorsement for emergency medical service providers. An emergency medical service provider with a critical care endorsement is authorized to perform the tasks and procedures specified by rule. The endorsement is valid as long as the emergency medical service provider maintains certification or licensure by the department.

(B) The director or, if the director is not a physician, the chief medical officer, shall adopt rules implementing this subparagraph (V) by August 1, 2014.

(a.5) (I) The director or, if the director is not a physician, the chief medical officer shall adopt rules in accordance with article 4 of title 24 concerning the scope of practice of a community paramedic. An emergency medical service provider's endorsement as a community paramedic, issued pursuant to the rules adopted under section 25-3.5-203.5, is valid for as long as the emergency medical service provider maintains the emergency medical service provider's certification or licensure by the department.

(II) The rules must establish the tasks and procedures that an emergency medical service provider with a community paramedic endorsement is authorized to perform in addition to an emergency medical service provider's scope of practice, including:

(A) An initial assessment of the patient and any subsequent assessments, as needed;

(B) Medical interventions;

(C) Care coordination;

(D) Resource navigation;

(E) Patient education;

(F) Inventory, compliance, and administration of medications; and

(G) Gathering of laboratory and diagnostic data.

(b) Rules adopted pursuant to this subsection (4) supersede any rules of the Colorado medical board regarding the matters set forth in this subsection (4).

(5) As used in this section:

(a) "Interfacility transport" has the meaning set forth in section 25-3.5-207 (1)(c).

(b) Repealed.

(c) "Scope of practice" has the meaning set forth in section 25-3.5-207 (1)(f).
C.R.S. § 25-5-1502 — CO Code / Title 25 / Article 5 / Part 15 / Section 25-5-1502
25-5-1502. Sodium nitrite - restriction of sale - label requirements
Status: in_force

25-5-1502. Sodium nitrite - restriction of sale - label requirements. (1) A covered entity shall not:

(a) Sell or transfer a covered product, except to a commercial business in accordance with section 25-5-1503; or

(b) Sell or offer to sell, directly or indirectly, a covered product without a label notice that meets the requirements of section 25-5-1504.
C.R.S. § 25-25-101 — CO Code / Title 25 / Article 25 / Section 25-25-101
25-25-101. Short title
Status: in_force

25-25-101. Short title. This article shall be known and may be cited as the "Colorado Health Facilities Authority Act".
C.R.S. § 25-3.5-901 — CO Code / Title 25 / Article 3.5 / Part 9 / Section 25-3.5-901
25-3.5-901. Short title
Status: in_force

25-3.5-901. Short title. This part 9 shall be known and may be cited as the "Carol J. Shanaberger Act".
C.R.S. § 25-3.5-205 — CO Code / Title 25 / Article 3.5 / Part 2 / Section 25-3.5-205
25-3.5-205. Emergency medical service providers - investigation - discipline
Status: in_force

25-3.5-205. Emergency medical service providers - investigation - discipline. (1) (a) The department may administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant records and documents to investigate alleged misconduct by certified or licensed emergency medical service providers.

(b) Upon failure of a witness to comply with a subpoena, the department may apply to a district court for an order requiring the person to appear before the department or an administrative law judge, to produce the relevant records or documents, or to give testimony or evidence touching the matter under investigation or in question. When seeking an order, the department shall apply to the district court of the county in which the subpoenaed person resides or conducts business. The court may punish such failure as a contempt of court.

(2) An emergency medical service provider, the medical supervisor of an emergency medical service provider in a clinical setting, as those terms are defined in section 25-3.5-207 (1), the employer of an emergency medical service provider, a medical director, and a physician providing medical direction of an emergency medical service provider shall report to the department any misconduct that is known or reasonably believed by the person to have occurred.

(3) A person acting as a witness or consultant to the department, a witness testifying, and a person or employer who reports misconduct to the department under this section shall be immune from liability in any civil action brought for acts occurring while testifying, producing evidence, or reporting misconduct under this section if such individual or employer was acting in good faith and with a reasonable belief of the facts. A person or employer participating in good faith in an investigation or an administrative proceeding pursuant to this section shall be immune from any civil or criminal liability that may result from such participation.

(4) All records, documents, testimony, or evidence obtained under this section shall remain confidential except to the extent necessary to support the administrative action taken by the department, to refer the matter to another regulatory agency, or to refer the matter to a law enforcement agency for criminal prosecution.

(5) For the purposes of this section:

(a) "Medical director" means a physician who provides medical direction to certified or licensed emergency medical service providers consistent with the rules adopted by the director or chief medical officer, as applicable, under section 25-3.5-206.

(b) "Misconduct" means an activity meeting the good cause for disciplinary sanctions standard, as defined by the board.
C.R.S. § 25-5-414 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-414
25-5-414. Adulterations
Status: in_force

25-5-414. Adulterations. (1) A drug or device shall be deemed to be adulterated:

(a) If it consists in whole or in part of any filthy, putrid, or decomposed substance;

(b) If it has been produced, prepared, packed, or held under unsanitary conditions under which it may have been contaminated with filth or rendered injurious to health;

(c) If it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this part 4 as to safety and that such drug has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess;

(d) If it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;

(e) If it is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of the federal act or section 25-5-413 (1);

(f) If it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of the federal act or section 25-5-413 (1);

(g) If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in case of the absence or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph (g) because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States and not to those of the United States pharmacopoeia.

(h) If it is not subject to the provisions of paragraph (g) of this subsection (1) and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess;

(i) If it is a drug and any substance has been mixed or packed therewith so as to reduce its quality or strength or substituted wholly or in part therefor.
C.R.S. § 25-27.6-105 — CO Code / Title 25 / Article 27.6 / Section 25-27.6-105
25-27.6-105. Minimum standards for behavioral health entities - rules
Status: in_force

25-27.6-105. Minimum standards for behavioral health entities - rules. (1) On or before April 30, 2021, the state board shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of behavioral health entities within the state. In promulgating the rules, the state board shall establish requirements appropriate to the various types of services provided by behavioral health entities.

(2) On or before April 30, 2023, the state board shall promulgate rules that must include the following:

(a) Basic requirements to be met by all behavioral health entities to ensure the health, safety, and welfare of all behavioral health entity consumers, including, at a minimum:

(I) Consumer assessment, care coordination, patient rights, and consumer notice requirements;

(II) Administrative and operational standards for governance; consumer records and record retention; personnel, admission, and discharge criteria; policies and procedures; and quality management;

(III) Physical plant standards, including infection control; and

(IV) Occurrence reporting requirements promulgated pursuant to section 25-1-124;

(b) Service-specific requirements that apply only to behavioral health entities electing to provide that service, including, at a minimum, standards for the services included in the definitions in section 25-27.6-102 of acute treatment unit, community mental health center, community mental health clinic, crisis stabilization unit, walk-in centers, and alcohol use disorder and substance use disorder services that meet the regulatory requirements for licensing, operations, and partnerships with the state;

(c) Mandatory department inspections of behavioral health entities;

(d) Behavioral health entity written plans, detailing the measures that will be taken to correct violations found as a result of inspections, submitted to the department for approval;

(e) Intermediate enforcement remedies imposed by the department as authorized in section 25-27.6-110 (2)(b);

(f) Factors for behavioral health entities to consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment with the behavioral health entity. The state board may determine which offenses require consideration of these factors.

(g) Timelines for compliance with behavioral health entity standards that exceed the standards under which a behavioral health entity was previously licensed or approved.
C.R.S. § 25-27.5-110 — CO Code / Title 25 / Article 27.5 / Section 25-27.5-110
25-27.5-110. Repeal of article - sunset review
Status: repealed

25-27.5-110. Repeal of article - sunset review. (1) This article 27.5 is repealed, effective September 1, 2028.

(2) Before repeal, the department of regulatory agencies shall review the licensing of home care agencies and the registering of home care placement agencies as provided in section 24-34-104, C.R.S. In conducting its review and compiling its report pursuant to section 24-34-104 (5), C.R.S., the department of regulatory agencies shall segregate the data in the report based on the type of agency, specifying whether the agency is:

(a) A home care agency that provides skilled home health services;

(b) A home care agency that only provides personal care services; or

(c) A home care placement agency.
C.R.S. § 25-8-509 — CO Code / Title 25 / Article 8 / Part 5 / Section 25-8-509
25-8-509. Permit conditions concerning use and disposal of biosolids
Status: in_force

25-8-509. Permit conditions concerning use and disposal of biosolids. The division is authorized to impose, as conditions to the issuance of permits, requirements, prohibitions, standards, and concentration limitations on the use and disposal of biosolids in accordance with the regulations promulgated by the commission pursuant to section 25-8-205 (1)(e). The requirements, prohibitions, standards, and concentration limitations imposed by the division shall not be more restrictive than the requirements adopted for the solid wastes disposal sites and facilities pursuant to part 1 of article 20 of title 30, C.R.S., except as necessary to be consistent with section 405 of the federal act.
C.R.S. § 25-7-1003 — CO Code / Title 25 / Article 7 / Part 10 / Section 25-7-1003
25-7-1003. Definitions
Status: in_force

25-7-1003. Definitions. As used in this part 10:

(1) "Air quality related value (AQRV)" means a feature or property of a class I federal area other than visibility that the state of Colorado finds may be affected by air pollution. General categories of air quality related values include odor, flora, fauna, soil, water, geologic features, and cultural resources.

(2) "Air quality related value baseline data" means research data based on site-specific measurements and samplings of air quality related values within a class I federal area needed to substantiate a determination of whether or not a particular observation is within the range of naturally occurring changes or fluctuations.

(3) "Best available retrofit technology" means a control strategy for addressing emissions of a stationary source developed on a case-by-case basis after taking into consideration the costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in the air quality related value that may reasonably be anticipated to result from the use of such technology.

(4) "Peer review" means a review of scientific or technical information by a balanced objective panel of experienced scientists qualified to review the subject matter involved in verifying the existence of or attributing the cause of an AQRV impairment.

(5) "Reasonably available control measure" means a control strategy for addressing emissions of a nonstationary source developed on a case-by-case basis after taking into consideration the options available to achieve emission reductions that a particular source or source category is capable of meeting as appropriate to an air quality related value if such steps may be feasibly and practicably taken considering technical and economic constraints.

(6) "Significant impairment of an air quality related value" means a measurable change in an air quality related value that is outside the probability of natural variability, that is caused by human activities, and that is causing a significant adverse effect to flora, fauna, soil, geologic features, cultural resources, or a beneficial use of water recognized under Colorado law.
C.R.S. § 25-5-1010 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1010
25-5-1010. Enforcement
Status: in_force

25-5-1010. Enforcement. (1) (a) Whenever the department has reasonable cause to believe a violation of this part 10 or any rule made pursuant to this part 10 has occurred and immediate enforcement is deemed necessary, the department may issue a cease-and-desist order, which may require any person to cease violating any provision of this part 10 or any rule made pursuant to this part 10. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions be ceased forthwith.

(b) In the event that any person fails to comply with a cease-and-desist order within twenty-four hours, the department may apply to the district court of the district within which the tanning device is located for a temporary or permanent injunction restraining any person from violating any provision of this part 10 regardless of whether there is an adequate remedy at law.

(c) No stay of a cease-and-desist order shall be issued before a hearing thereon involving both parties.

(2) Whenever it appears to the department, upon evidence satisfactory to the department, that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this part 10 or of any rule or of any order promulgated under this part 10, the department may apply to the district court of the district within which the tanning device is located to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this part 10 or any rule or order promulgated under this part 10. In any such action, the department shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the department to post a bond.

(3) It is a violation of this part 10 for:

(a) Any person to knowingly operate a tanning facility without having registered said facility with the department in accordance with the provisions of this part 10;

(b) Any person to offer for use to the public any artificial tanning device which is not registered with the department as required by the provisions of this part 10;

(c) Any person to violate any provision of this part 10 or any provision of any standards, rules, or regulations adopted by the board;

(d) Any person to refuse to permit entry for the purpose of inspection of a tanning facility during normal business hours.
C.R.S. § 25-17-903 — CO Code / Title 25 / Article 17 / Part 9 / Section 25-17-903
25-17-903. Repeal of part
Status: repealed

25-17-903. Repeal of part. This part 9 is repealed, effective July 1, 2025.
C.R.S. § 25-48-113 — CO Code / Title 25 / Article 48 / Section 25-48-113
25-48-113. Standard of care
Status: in_force

25-48-113. Standard of care. (1) Physicians and health-care providers shall provide medical services under this act that meet or exceed the standard of care for end-of-life medical care.

(2) If a health-care provider is unable or unwilling to carry out an eligible individual's request and the individual transfers care to a new health-care provider, the health-care provider shall coordinate transfer of the individual's medical records to a new health-care provider.
C.R.S. § 25-3-110 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-110
25-3-110. Emergency contraception - definitions
Status: in_force

25-3-110. Emergency contraception - definitions. (1) For purposes of this section, unless the context otherwise requires:

(a) "Emergency contraception" means a drug approved by the federal food and drug administration that prevents pregnancy after sexual intercourse, including but not limited to oral contraceptive pills; except that "emergency contraception" shall not include RU-486, mifepristone, or any other drug or device that induces a medical abortion. Nothing in section 2-4-401 (1.5), C.R.S., shall be construed to amend or alter the definition of "emergency contraception".

(b) "Sexual assault survivor" shall have the same meaning as "victim" as defined in section 18-3-401 (7), C.R.S.

(2) Notwithstanding any other provision of law to the contrary, all health-care facilities that are licensed pursuant to this part 1 and provide emergency care to sexual assault survivors shall amend their evidence-collection protocols for the treatment of sexual assault survivors to include informing the survivor in a timely manner of the availability of emergency contraception as a means of pregnancy prophylaxis and educating the survivor on the proper use of emergency contraception and the appropriate follow-up care.

(3) Nothing in this section shall be interpreted to require:

(a) A health-care professional who is employed by a health-care facility that provides emergency care to a sexual assault survivor to inform the survivor of the availability of emergency contraception if the professional refuses to provide the information on the basis of religious or moral beliefs; or

(b) A health-care facility to provide emergency contraception to a sexual assault survivor who is not at risk of becoming pregnant as a result of the sexual assault or who was already pregnant at the time of the assault.

(4) If any licensed pharmacy does not have nonprescription emergency contraception in stock, the pharmacy shall place a conspicuous notice in the area where customers obtain prescription drugs that states "Plan B Emergency Contraception Not Available".

(5) The general assembly encourages health-care facilities to provide training to emergency room staff concerning the efficacy of emergency contraception and the time-sensitive nature of the drug.

(6) Because emergency contraception is time-sensitive and a sexual assault survivor may seek information on or direct access to emergency contraception to prevent an unintended pregnancy resulting from the assault instead of or prior to seeking hospital treatment, it is critical that sexual assault survivors have accurate information about the availability and use of emergency contraception. Therefore, the general assembly encourages:

(a) Entities offering victim assistance or counseling and rape crisis hotlines to include information concerning the availability and use of emergency contraception; and

(b) Licensed or registered pharmacies in the state of Colorado to distribute information concerning the availability and use of emergency contraception.
C.R.S. § 25-5.5-103 — CO Code / Title 25 / Article 5.5 / Part 1 / Section 25-5.5-103
25-5.5-103. Powers and duties
Status: in_force

25-5.5-103. Powers and duties. (1) The department shall cause to be enforced the provisions of this part 1 and all other state laws and regulations regarding the production, manufacture, and sale of dairy products. The department shall inspect or cause to be inspected any milk, butter, or cheese or any other dairy product which it suspects or has reason to believe is unsanitary, adulterated, or counterfeit and shall inspect or cause to be inspected any cow, building, dairy farm, dairy plant, vehicle, or premises used for the production, manufacture, sale, or transportation of any dairy product when it suspects or has reason to believe that such product is unsanitary, adulterated, or counterfeit. Unsanitary or adulterated dairy products shall be subject to condemnation by the department and, when condemned, must be so treated that it cannot be manufactured or renovated for human food.

(2) For the purpose of enforcing this part 1, the department shall have free access to any barn or stable where any cow is kept or milked or to any factory, building, dairy farm, dairy plant, premises, or place in which it has reason to believe that any dairy product or counterfeit dairy product is manufactured, handled, prepared, sold, or offered for sale and may enforce such measures as may be necessary to secure perfect cleanliness in and around the same, and of any utensil used therein, and to prevent the sale of any unsanitary, adulterated, or counterfeit dairy product.

(3) For the purpose of enforcing this part 1, the department may open any package or receptacle of any kind which contains, or which is supposed to contain, any dairy product or counterfeit dairy product and examine or analyze the contents thereof. Any such article or sample thereof may be seized or taken for the purpose of having it analyzed; but, if the person from whom it is taken so requests at the time of taking, the officer shall then, and in the presence of that person, securely seal two samples of such article, one of which shall be for analysis under the direction of the department and the other for delivery to the person from whom the sample or article was obtained.
C.R.S. § 25-27-109 — CO Code / Title 25 / Article 27 / Section 25-27-109
25-27-109. List of licensed residences maintained by department
Status: in_force

25-27-109. List of licensed residences maintained by department. The department shall maintain a current list of assisted living residences that have been licensed and shall make such list available to individuals upon request.
C.R.S. § 25-1-1303 — CO Code / Title 25 / Article 1 / Part 13 / Section 25-1-1303
25-1-1303. Grants for research - reports to general assembly
Status: in_force

25-1-1303. Grants for research - reports to general assembly. (1) The department of public health and environment shall administer a program to award grants pursuant to this section.

(2) (a) A grant of fifty thousand dollars shall be awarded to Colorado state university to conduct research on the potential for the use of terrestrial carbon sequestration in agricultural, rangeland, and forest soils as a technique for mitigating the emissions of greenhouse gases in the state.

(b) A grant of fifty thousand dollars shall be awarded to the Colorado school of mines to conduct research on the potential for the use of geologic carbon sequestration as a technique for mitigating the emissions of greenhouse gases in the state.

(c) A grant of thirty-five thousand dollars shall be awarded to the university of Colorado to conduct research on the emerging international and domestic markets in greenhouse gas emissions and to conduct research on private firms in various economic sectors that are reducing emissions of greenhouse gases.

(3) Each recipient of a grant awarded pursuant to this section shall report the results of the research conducted under the grant to the agriculture committees of the senate and the house of representatives no later than March 15, 2007.
C.R.S. § 25-6-206 — CO Code / Title 25 / Article 6 / Part 2 / Section 25-6-206
25-6-206. Interviews conducted in language recipient understands
Status: in_force

25-6-206. Interviews conducted in language recipient understands. In all cases where the recipient does not speak or read the English language, the services shall not be given unless the interviews are conducted and all literature is written in a language which the recipient understands.
C.R.S. § 25-47-103 — CO Code / Title 25 / Article 47 / Section 25-47-103
25-47-103. Use of epinephrine auto-injectors
Status: in_force

25-47-103. Use of epinephrine auto-injectors. (1) An employee or agent of an authorized entity or other individual who has completed the training required by section 25-47-104 may use epinephrine auto-injectors prescribed pursuant to section 25-47-102 to provide or administer an epinephrine auto-injector to any individual whom the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy, or to provide an epinephrine auto-injector to a family member, friend, colleague, caregiver, or person with a similar relationship with the individual.

(2) The administration of an epinephrine auto-injector in accordance with this section is neither the practice of medicine nor of any other profession that requires licensure.
C.R.S. § 25-1-518 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-518
25-1-518. Nuisances
Status: in_force

25-1-518. Nuisances. (1) Removal of nuisances. The county or district board of health shall examine all nuisances, sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants, within its town, city, county, city and county, or district, and it shall destroy, remove, or prevent the nuisance, source of filth, or cause of sickness, as the case may require.

(2) Unhealthy premises cleaned - structures removed. If any cellar, vault, lot, sewer, drain, place, or premises within any city is damp, unwholesome, offensive, or filthy, or is covered for any portion of the year with stagnant or impure water, or is in a condition as to produce unwholesome or offensive exhalations, the county or district board of health may cause the area to be drained, filled up, cleaned, amended, or purified; or may require the owner or occupant or person in charge of the lot, premises, or place to perform such duty; or may cause the removal to be done by the proper officers of the city.

(3) Expense for abating nuisance. If any person or company neglects to remove or abate any nuisance or to perform any requirement made by or in accordance with any ordinance or resolution of the county or district board of health for the protection of the health of the inhabitants and if any expense is incurred by the board in removing or abating the nuisance or in causing such duty or requirement to be performed, such expense may be recovered by the board in an action against such person or company. In all cases where the board incurs any expense for draining, filling, cleaning, or purifying any lot, place, or premises, or for removing or abating any nuisance found upon such lot or premises, the board, in addition to all other remedies, may provide for the recovery of such expense, charge the same or such part thereof as it deems proper to the lot or premises upon or on account of which such expense was incurred or from which such nuisance was removed or abated, and cause the same to be assessed upon such lot or premises and collected as a special assessment.

(4) Removal of nuisance on private property - penalty. Whenever any nuisance, source of filth, or cause of sickness is found on private property, the county or district board of health shall order the owner or occupant or the person who has caused or permitted such nuisance, at his or her own expense, to remove the same within twenty-four hours. In default thereof, he or she shall forfeit a sum not to exceed one hundred dollars at the suit of the board of county commissioners of the proper county or the board of the proper city, town, or village for the use of the county or district board of health of the city or town where the nuisance is found.

(5) Board to remove - when. If the owner or occupant does not comply with an order of the county or district board of health, the board may cause the nuisance, source of filth, or cause of sickness to be removed, and all expense incurred thereby shall be paid by the owner or occupant or by such other person who has caused or permitted the nuisance, source of filth, or cause of sickness.

(6) Conviction - nuisance to be abated. Whenever any person is convicted of maintaining a nuisance that may be injurious to the public health, the court, in its discretion, may order the nuisance abated, removed, or destroyed at the expense of the defendant under the direction of the county or district board of health of the town, city, county, or district where the nuisance is found, and the form of the warrant to the sheriff or other officer may be varied accordingly.

(7) Stay warrant of conviction. The court, on the application of the defendant, may order a stay of a warrant issued pursuant to subsection (6) of this section for such time as may be necessary, not exceeding six months, to give the defendant an opportunity to remove the nuisance upon giving satisfactory security to do so within the time specified in the order.

(8) Expense of abating. The expense of abating and removing the nuisance pursuant to a warrant issued pursuant to subsection (6) of this section shall be collected by the officer in the same manner as damages and costs are collected upon execution; except that the materials of any buildings, fences, or other things that may be removed as a nuisance may be sold by the officer in like manner as goods are sold on execution for the payment of debts. The officer may apply the proceeds of the sale to defray the expenses of the removal and shall pay over the balance thereof, if any, to the defendant upon demand. If the proceeds of the sale are not sufficient to defray the expenses incurred pursuant to this subsection (8), the sheriff shall collect the residue thereof as provided in subsection (3) of this section.

(9) Refusal of admittance to premises. (a) Whenever a county or district board of health finds it necessary for the preservation of the lives or health of the inhabitants to enter any building, car, or train of cars in its town, city, county, or district for the purpose of examining and abating, removing, or preventing any nuisance, source of filth, or cause of sickness and is refused entry, any member of the board may make complaint under oath to the county court of his or her county stating the facts of the case as far as he or she has knowledge thereof.

(b) The court may thereupon issue a warrant directed to the sheriff commanding him or her to take sufficient aid and, being accompanied by any two or more members of the county or district board of health, during daylight hours, to return to the place where the nuisance, source of filth, or cause of sickness complained of may be and destroy, remove, or prevent the nuisance, source of filth, cause of sickness, or danger to life or limb under the direction of the members of the board of health.

(10) Damages occasioned by nuisance - action. Any person injured either in his or her comfort or in the enjoyment of his or her estate by any nuisance may have an action for damages sustained thereby.
C.R.S. § 25-8-901 — CO Code / Title 25 / Article 8 / Part 9 / Section 25-8-901
25-8-901. Definitions
Status: in_force

25-8-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Child care center" has the meaning set forth in section 26-6-903 (5); except that "child care center" does not include:

(a) A summer camp; or

(b) A children's resident camp, as defined in section 26.5-5-303 (5).

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

(3) "Drinking water source" means any potable water outlet or fixture that is used or that may be used by an individual to acquire water for drinking or cooking.

(4) "Eligible school" means a school that serves any of grades preschool through eighth grade.

(5) "Family child care home" has the meaning set forth in section 26.5-5-303 (7).

(6) "Filtered bottle-filling station" means an apparatus that:

(a) Is connected to building plumbing;

(b) Filters water;

(c) Is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal;

(d) Has a light or other device to indicate filter status;

(e) Is designed to fill drinking bottles or other containers used for personal water consumption; and

(f) Includes a feature that allows a user to drink directly from a stream of flowing water without the use of an accessory.

(7) "Filtered faucet" means a faucet that, at the point of use, includes a filter that is certified to meet NSF/ANSI standard 53 for lead reduction and NSF/ANSI standard 42 for particulate removal.

(8) "Filtration system" means a filtered bottle-filling station or filtered faucet.

(9) "Fund" means the school and child care clean drinking water fund created in section 25-8-902.

(10) (a) "Lead service line" means:

(I) A water service line made of lead; or

(II) A lead pigtail, lead gooseneck, or other lead fitting that is connected to a water service line.

(b) "Lead service line" includes any galvanized service line that is or ever was downstream of any lead service line or any service line of unknown material.

(c) A lead service line may be owned by a water system, a property owner, or both.

(11) "NSF/ANSI standard 42" means the NSF International/American National Standards Institute standard 42-2020 for "drinking water treatment units, aesthetic effects", as amended.

(12) "NSF/ANSI standard 53" means the NSF International/American National Standards Institute standard 53-2020 for "drinking water treatment units, health effects", as amended.

(13) "Relevant languages" has the meaning set forth in section 25-7-141 (2)(o).

(14) "School" means:

(a) A school of a school district;

(b) A district charter school, as defined in section 22-11-103 (12);

(c) An institute charter school, as defined in section 22-30.5-502 (6);

(d) An approved facility school, as defined in section 22-2-402 (1); or

(e) A board of cooperative services, as defined in section 22-5-103 (2).

(15) "State-certified laboratory" means a laboratory that is certified by the department pursuant to section 25-1.5-203 (1)(d) for the purpose of ensuring competent testing of drinking water.

(16) "Water quality control commission" or "commission" means the water quality control commission created in section 25-8-201.
C.R.S. § 25-3-124 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-124
25-3-124. Food donations to nonprofit organizations encouraged
Status: in_force

25-3-124. Food donations to nonprofit organizations encouraged. Each hospital is encouraged to donate apparently wholesome food to one or more local nonprofit organizations for distribution to needy or poor individuals.
C.R.S. § 25-20.5-1601 — CO Code / Title 25 / Article 20.5 / Part 16 / Section 25-20.5-1601
25-20.5-1601. Overdose detection mapping application program
Status: in_force

25-20.5-1601. Overdose detection mapping application program. On or before January 1, 2023, emergency medical service providers, emergency departments, state and local law enforcement agencies, sheriffs' offices, and coroners may participate in the web-based overdose detection mapping application program to report incidences of fatal and nonfatal drug overdoses and synthetic opiate poisonings. Emergency departments, state and local law enforcement agencies, sheriffs' offices, and coroners are encouraged to report data not more than twenty-four hours after the incident or after receiving the incident toxicology report. All incident data must be made available to the department. Notwithstanding any law to the contrary, law enforcement shall not use data from the overdose detection mapping application program for welfare checks, warrant checks, or criminal investigations.
C.R.S. § 25-5-1401 — CO Code / Title 25 / Article 5 / Part 14 / Section 25-5-1401
25-5-1401. Short title
Status: in_force

25-5-1401. Short title. The short title of this part 14 is the "Clean Lighting Act".
C.R.S. § 25-1-504 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-504
25-1-504. Comprehensive public health plan - development - approval - reassessment - cash
Status: in_force

25-1-504. Comprehensive public health plan - development - approval - reassessment - cash fund. (1) On or before December 31, 2009, and at a minimum on or before December 31 every five years thereafter, the state department shall develop a comprehensive, statewide public health improvement plan, referred to in this section as the "plan", that assesses and sets priorities for the public health system. The state board may appoint ad hoc or advisory committees as needed for the plan development process. The plan shall be developed in consultation with the state board and representatives from the state department, county or district public health agencies, and their partners within the public health system. The plan shall rely on existing or available data or other information acquired pursuant to this part 5, as well as national guidelines or recommendations concerning public health outcomes or improvements.

(2) (a) The plan shall assess and set priorities for the public health system and shall:

(I) Guide the public health system in targeting core public health services and functions through program development, implementation, and evaluation;

(II) Increase the efficiency and effectiveness of the public health system;

(III) Identify areas needing greater resource allocation to provide essential public health services;

(IV) Incorporate, to the extent possible, goals and priorities of public health plans developed by county or district public health agencies; and

(V) Consider available resources, including but not limited to state and local funding, and be subject to modification based on actual subsequent allocations.

(b) The plan shall include or address at a minimum the following elements:

(I) Core public health services and standards for county and district public health agencies;

(II) Recommendations for legislative or regulatory action, including but not limited to updating public health laws, eliminating obsolete statutory language, and establishing an effective and comprehensive state and local public health infrastructure;

(III) Identification and quantification of existing public health problems, disparities, or threats at the state and county levels;

(IV) Identification of existing public health resources at the state and local levels;

(V) Declaration of the goals of the plan;

(VI) Identification of specific recommendations for meeting these goals;

(VII) Development of public and environmental health infrastructure that supports core public health functions and essential public health services at the state and local levels;

(VIII) Explanation of the prioritization of one or more conditions of public health importance;

(IX) Detailed description of strategies to develop and promote culturally and linguistically appropriate services;

(X) Development, evaluation, and maintenance of, and improvements to, an information infrastructure that supports essential public health services;

(XI) Detailed description of the programs and activities that will be pursued to address existing public and environmental health problems, disparities, or threats;

(XII) Detailed description of how public health services will be integrated and public health resources shared to optimize efficiency and effectiveness of the public health system;

(XIII) Detailed description of how the plan will support county or district public health agencies in achieving the goals of their county or district public health plans;

(XIV) Estimation of costs of implementing the plan;

(XV) A timeline for implementing various elements of the plan;

(XVI) A strategy for coordinating service delivery within the public health system; and

(XVII) Measurable indicators of effectiveness and successes.

(c) The plan, including core public health services and standards, shall prospectively cover up to five years, subject to annual revisions and the implementation schedule established by the state board.

(3) The state department shall make the plan available to the governor, the general assembly, the state board, county and district public health agencies, and other partners.

(4) The state department is authorized to solicit and accept any gifts, grants, or donations to pay for the development of the plan. Any moneys received pursuant to this subsection (4) shall be transmitted to the state treasurer, who shall credit the same to the comprehensive public health plan cash fund, which is hereby created and referred to in this subsection (4) as the "fund". Any interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Moneys in the fund may be expended by the state department, subject to annual appropriation by the general assembly, for the development of the plan described in this section.

(5) If the moneys received by the state department through gifts, grants, and donations are insufficient to cover the direct and indirect costs of complying with the provisions of section 25-1-503 and this section, the state department shall not be required to implement the provisions of said sections.
C.R.S. § 25-1.5-503 — CO Code / Title 25 / Article 1.5 / Part 5 / Section 25-1.5-503
25-1.5-503. Colorado health service corps - program - creation - conditions
Status: in_force

25-1.5-503. Colorado health service corps - program - creation - conditions. (1) (a) (I) The primary care office shall maintain and administer, subject to available appropriations, the Colorado health service corps. Subject to available appropriations, the Colorado health service corps shall provide loan repayment for certain eligible:

(A) Health-care professionals who provide primary health services;

(B) Nursing faculty members or health-care professional faculty members in qualified faculty positions;

(C) Behavioral health-care providers and candidates for licensure who provide behavioral health-care services; and

(D) Geriatric advanced practice providers.

(II) Under the Colorado health service corps, subject to the limitations specified in subsection (2) of this section, upon entering into a loan contract the state may either:

(A) Make payments on the education loans of the health-care professional, behavioral health-care provider, candidate for licensure, geriatric advanced practice provider, nursing faculty member, or health-care professional faculty member; or

(B) Agree to make an advance payment in a lump sum of all or part of the principal, interest, and related expenses of the education loans of health-care professionals, behavioral health-care providers, candidates for licensure, geriatric advanced practice providers, nursing faculty members, or health-care professional faculty members, subject to the limitations specified in subsection (2) of this section.

(III) (A) In consideration for receiving repayment of all or part of his or her education loan, the health-care professional shall agree to provide primary health services in health professional shortage areas in Colorado.

(B) In consideration for receiving repayment of all or part of his or her education loan, the behavioral health-care provider or candidate for licensure shall agree to provide behavioral health-care services in health professional shortage areas in Colorado.

(IV) In consideration for receiving repayment of all or part of his or her education loan, the nursing or other health-care professional faculty member must agree to serve two or more consecutive academic years in a qualified faculty position.

(b) Repayment of loans under the Colorado health service corps may be made using money in the Colorado health service corps fund. The primary care office is authorized to receive and expend gifts, grants, and donations or money appropriated by the general assembly for the purpose of implementing the Colorado health service corps. In administering the Colorado health service corps, the primary care office shall collaborate with appropriate partners as needed to maximize the federal money available to the state for state loan repayment programs through the federal department of health and human services. The selection of health-care professionals, behavioral health-care providers, candidates for licensure, geriatric advanced practice providers, nursing faculty members, and health-care professional faculty members for participation in the Colorado health service corps is exempt from the competitive bidding requirements of the "Procurement Code", articles 101 to 112 of title 24.

(c) The following providers are not eligible for loan repayment through the Colorado health service corps:

(I) Health-care professionals who are not practicing in primary care specialties or providing primary health services;

(II) Behavioral health-care providers and candidates for licensure who are not providing behavioral health-care services; and

(III) Geriatric advanced practice providers who are not providing geriatric care.

(d) (I) As a condition of receiving a loan repayment through the Colorado health service corps, a health-care professional or behavioral health-care provider must enter into a contract pursuant to which the health-care professional or behavioral health-care provider agrees to practice for at least two years in a community that is located in a health professional shortage area. The health-care professional or behavioral health-care provider, as applicable, the primary care office, and the community employer with which the health-care professional or behavioral health-care provider is practicing must be parties to the contract.

(II) As a condition of receiving a loan repayment through the Colorado health service corps, a nursing faculty or health-care professional faculty member must enter into a contract pursuant to which he or she agrees to serve at least two consecutive academic years or their equivalent in a qualified faculty position. The nursing faculty or health-care professional faculty member, the primary care office, and the educational institution where the qualified faculty position is located must be parties to the contract.

(III) As a condition of receiving a loan repayment through the Colorado health service corps, a candidate for licensure must enter into a contract pursuant to which the candidate for licensure agrees to practice for at least two years after obtaining the license, plus an additional amount of time equivalent to the time spent obtaining the supervised experience hours required for licensure while participating in the program, in a community that is located in a health professional shortage area. The candidate for licensure, the primary care office, and the community employer with which the candidate for licensure is practicing must be parties to the contract.

(IV) As a condition of receiving a loan repayment through the Colorado health service corps, a geriatric advanced practice provider must enter into a contract pursuant to which the geriatric advanced practice provider agrees to provide geriatric care for at least two years in a community that is located in a health professional shortage area. The geriatric advanced practice provider, the primary care office, and the community employer with which the geriatric advanced practice provider is practicing must be parties to the contract.

(2) Subject to available appropriations, the primary care office shall annually select health-care professionals, behavioral health-care providers, candidates for licensure, geriatric advanced practice providers, nursing faculty members, and health-care professional members from the list provided by the advisory council pursuant to section 25-1.5-504 (5)(a) to participate in the Colorado health service corps.

(3) The primary care office, after consulting with the advisory council and accredited health-care professional training programs in the state, shall develop loan forgiveness criteria for nursing faculty and other health-care professional faculty members. In determining whether to forgive the loan of a faculty member, the primary care office shall consider the following criteria:

(a) The faculty positions available at the educational institution at which the health-care professional works;

(b) Documented recruiting efforts by the educational institution;

(c) The attributes of the educational or training program that are designed with the intent to address known shortages of health-care professionals in Colorado;

(d) The type of programs offered at the educational institution, including associate, bachelor's, master's, or doctoral degrees in the health-care professions, and the need for those programs in the state.

(4) In soliciting private grants to fund faculty loan repayments, the primary care office shall give priority to soliciting grants to fund repayments of loans for nursing faculty.

(5) (a) A health-care professional participating in the Colorado health service corps shall not practice with a for-profit private group or solo practice or at a proprietary hospital or clinic.

(b) For a behavioral health-care provider or candidate for licensure applying to participate in the Colorado health service corps, the advisory council shall prioritize behavioral health-care providers and candidates for licensure who are practicing with a nonprofit or public employer. The advisory council may also consider for participation in the Colorado health service corps behavioral health-care providers and candidates for licensure who are practicing with a for-profit employer, such as a private practice or other site, that provides services to an underserved population.

(c) For a geriatric advanced practice provider applying to participate in the Colorado health service corps, the advisory council shall develop the criteria to be used, and shall apply those criteria, in selecting geriatric advanced practice provider applicants and shall consider whether the applicant is willing to serve as a preceptor for advanced practice providers and other providers seeking training in geriatric care.

(6) A contract for loan repayment entered into pursuant to this part 5 must not include terms that are more favorable to health-care professionals, behavioral health-care providers, candidates for licensure, or geriatric advanced practice providers than the most favorable terms that the secretary of the federal department of health and human services is authorized to grant under the national health services corps program. In addition, each contract must include penalties for breach of contract that are at least as stringent as those available to the secretary of the federal department of health and human services. In the event of a breach of contract for a loan repayment entered into pursuant to this part 5, the primary care office shall enforce the contract and collect any damages or other penalties owed.
C.R.S. § 25-17-507 — CO Code / Title 25 / Article 17 / Part 5 / Section 25-17-507
25-17-507. Enforcement - possible penalties
Status: in_force

25-17-507. Enforcement - possible penalties. (1) (a) Except as provided in subsections (1)(b) and (1)(c) of this section, a local government may enforce a violation of this part 5 against a store or retail food establishment that is located within the boundaries of the local government in the manner that the local government chooses.

(b) (I) A county that chooses to enforce a violation of this part 5 against a store or retail food establishment located within the unincorporated boundaries of the county may seek injunctive relief against the store or retail food establishment or may assess the following civil penalties against the store or retail food establishment:

(A) Up to five hundred dollars for a second violation; or

(B) Up to one thousand dollars for a third or subsequent violation.

(II) A county that chooses to enforce a violation of this part 5 may both seek injunctive relief and impose a civil penalty in accordance with this subsection (1)(b).

(c) A local government shall not enforce a violation of this part 5 against a retail food establishment located within a school.

(2) For purposes of this section, each retail sales transaction in which a violation of this part 5 is committed, regardless of whether multiple violations of this part 5 are committed in one retail sales transaction, constitutes a single violation of this part 5.
C.R.S. § 25-9-106 — CO Code / Title 25 / Article 9 / Section 25-9-106
25-9-106. Domestic wastewater treatment facility operator
Status: in_force

25-9-106. Domestic wastewater treatment facility operator. (1) Persons who by specifically relevant examination, education, and experience are found to be qualified for certification as domestic wastewater treatment facility operators or wastewater collection system operators shall be certified as having the minimum qualifications required for each of the respective classes as established by the board by rules promulgated in accordance with article 4 of title 24, C.R.S.

(a) to (d) (Deleted by amendment, L. 2000, p. 772, § 6, effective May 23, 2000.)
C.R.S. § 25-34.1-101 — CO Code / Title 25 / Article 34.1 / Section 25-34.1-101
25-34.1-101. Transfer of balance of stroke prevention and treatment cash fund - repeal
Status: repealed

25-34.1-101. Transfer of balance of stroke prevention and treatment cash fund - repeal. (Repealed)
C.R.S. § 25-1-502 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-502
25-1-502. Definitions
Status: in_force

25-1-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Agency" means a county or district public health agency established pursuant to section 25-1-506.

(2) "Core public health" shall be defined by the state board and shall include, but need not be limited to, the assessment of health status and health risks, development of policies to protect and promote health, and assurance of the provision of the essential public health services.

(2.5) "Dementia diseases and related disabilities" is a condition where mental ability declines and is severe enough to interfere with an individual's ability to perform everyday tasks. Dementia diseases and related disabilities includes Alzheimer's disease, mixed dementia, Lewy body dementia, vascular dementia, frontotemporal dementia, and other types of dementia.

(3) "Essential public health services" means to:

(a) Monitor health status to identify and solve community health problems;

(b) Investigate and diagnose health problems and health hazards in the community;

(c) Inform, educate, and empower individuals about health issues;

(d) Mobilize public and private sector collaboration and action to identify and solve health problems;

(e) Develop policies, plans, and programs that support individual and community health efforts;

(f) Enforce laws and rules that protect health and promote safety;

(g) Link individuals to needed personal health services and ensure the provision of health care;

(h) Encourage a competent public health workforce;

(i) Evaluate effectiveness, accessibility, and quality of personal and population-based public health services; and

(j) Contribute to research into insightful and innovative solutions to health problems.

(4) "Medical officer" means a volunteer or paid licensed physician who contracts with or is employed by a county or district public health agency to advise the public health director on medical decisions if the public health director is not a licensed physician.

(5) "Public health" means the prevention of injury, disease, and premature mortality; the promotion of health in the community; and the response to public and environmental health needs and emergencies and is accomplished through the provision of essential public health services.

(6) "Public health agency" means an organization operated by a federal, state, or local government or its designees that acts principally to protect or preserve the public's health. "Public health agency" includes a county public health agency or a district public health agency.

(7) "Public health director" means the administrative and executive head of each county or district public health agency.

(8) "Public health system" means state, county, and district public health agencies and other persons and organizations that provide public health services or promote public health.

(9) "State board" means the state board of health created pursuant to section 25-1-103.

(10) "State department" means the department of public health and environment created pursuant to section 25-1-102.
C.R.S. § 25-15-305 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-305
25-15-305. Judicial review
Status: in_force

25-15-305. Judicial review. (1) (a) Any final rule issued by the commission shall be subject to judicial review in accordance with the provisions of this article and article 4 of title 24, C.R.S.

(b) Judicial review of any rules promulgated by the commission shall be filed in the district court for the second judicial district.

(2) (a) Except as provided in section 25-15-308, any final determination issued by the department pursuant to this part 3, including but not limited to, permit determinations, permit terms or conditions, determinations regarding closure plans, or determinations regarding permits, closure plans, or corrective action plans required by a compliance order, shall be subject to review in accordance with the provisions of this section and section 24-4-106, C.R.S. A hearing pursuant to section 24-4-105, C.R.S., shall not be required prior to the issuance of any final determination described in this paragraph (a).

(b) Any proceeding for judicial review of any final determination of the department shall be filed in the district court for the district in which the site or facility is or may be located.

(c) Any proceeding for judicial review of any final determination of the department described in paragraph (a) of this subsection (2) shall be filed within thirty days after said determination has become effective. Such determination shall become effective upon issuance or upon such later date as is specified in such determination.

(d) The contested provisions of a determination under review and the uncontested provisions that are not severable from such contested provisions, as determined by the department, shall be stayed during the pendency of the judicial review of such determination. All other provisions of the department's determination under review shall be fully effective unless, upon application and a showing of good cause by a party to the judicial review, the court stays such other provisions. The stay of any portion of a determination pursuant to this paragraph (d) shall have no effect on the obligations of the person to whom such determination applies to comply with applicable laws, regulations, and valid existing orders. The commission shall promulgate regulations governing the continuance of existing, expiring, or superseded permits, closure plans, or corrective action plans during the time period of any appeal of such determination pursuant to this section.

(e) Upon motion of a party to the judicial review, and in the discretion of the court, the court may request an interpretive rule from the commission pertaining to any rule adopted pursuant to this part 3 which is at issue in the judicial review only in the event that there is no genuine issue of material fact, or in the event that the parties have stipulated to the material facts for the purposes of such interpretive rule. The court may adjust the schedule of the judicial review to accommodate the receipt of such information. Notwithstanding the provisions of section 24-4-103 (1), C.R.S., in the event that an interpretive rule is requested by the court and the commission agrees to issue such an interpretation, notice to the public of the interpretive rule-making proceeding shall be given in accordance with the provisions of section 24-4-103, C.R.S. Such notice shall be provided within forty-five days following the receipt of the request. The commission shall receive written material, not to exceed fifteen pages in length, from any interested person no later than fifteen days following the date that notification is given. The commission shall issue the written interpretive rule no later than thirty days following the deadline for the receipt of any such written material. The legal effect of any such interpretive rule shall be determined in accordance with applicable law and is not presumed to be binding on any party to the judicial review.
C.R.S. § 25-8.5-111 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-111
25-8.5-111. Powers of authority - general and financial
Status: in_force

25-8.5-111. Powers of authority - general and financial. (1) In order to accomplish its purposes, the authority has the power to:

(a) Develop and implement, with such revisions as become necessary in light of changing conditions, plans for water quality controls for the reservoir, applicable drainage basin, waters, and watershed, to achieve and maintain the water quality standards. In particular, the authority shall submit, within two years after August 8, 2001, a plan to the water quality control commission that is intended to meet state water quality standards, including measures to mitigate the impacts of nonpoint source pollutants.

(b) Conduct pilot studies and other studies that may be appropriate for the development of potential water quality control solutions;

(c) Develop and implement programs to provide credits, incentives, and rewards within the Cherry Creek basin plan for water quality control projects;

(d) Recommend the maximum loads of pollutants allowable to maintain the water quality standards;

(e) Recommend erosion controls and urban runoff control standards and conduct educational programs regarding such controls in the basin;

(f) Recommend septic system maintenance programs;

(g) Incur debts, liabilities, and obligations;

(h) Have perpetual existence;

(i) Have and use a corporate seal;

(j) Sue and be a party to suits, actions, and proceedings;

(k) Enter into contracts and agreements affecting the affairs of the authority including, but not limited to, contracts with the United States and the state of Colorado and any of their agencies or instrumentalities, political subdivisions of the state of Colorado, corporations, and individuals;

(l) Acquire, hold, lease (as lessor or lessee), and otherwise dispose of and encumber real and personal property;

(m) Acquire, lease, rent, manage, operate, construct, and maintain water quality control facilities or improvements for drainage, nonpoint sources, or runoff within or without the authority;

(n) Establish rates, tolls, fees, charges, and penalties except on agricultural land for the functions, services, facilities, and programs of the authority; except that the total annual revenue collected from said rates, tolls, fees, and charges, less the cost of said functions, services, facilities, and programs, shall not exceed thirty percent of the annual authority budget;

(o) Establish in cooperation with the department of natural resources fees for Cherry Creek reservoir users, which amounts shall be subject to the review and approval of the board of parks and outdoor recreation, which shall not unreasonably withhold approval. Said reservoir fees, including all users regardless of activity, however established, shall not in total exceed the amount that would be collected if the reservoir user fee was one dollar per reservoir user per year.

(p) (I) Levy and collect ad valorem taxes on and against all taxable property within the authority subject to the limitation that no mill levy for any fiscal year shall exceed one-half mill; however, ad valorem taxes greater than one-half mill can be levied by the authority if it is approved by the electors at an election held according to the procedures of part 8 of article 1 of title 32, C.R.S.

(II) No property tax shall be levied until the fees from the recreation users and the development fees are established.

(q) Issue and refund revenue and assessment bonds and pledge the revenues of the authority or assessments therefor to the payment thereof in the manner provided in part 4 of article 35 of title 31, C.R.S., and as provided in this article;

(r) Invest any moneys of the authority in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.;

(s) Review and approve water quality control projects of any entity other than the authority within the boundaries of the authority;

(t) Except that the authority shall not have the power to regulate agricultural nonpoint source activities; such agricultural nonpoint source activities shall be subject only to the provisions of section 25-8-205 (5);

(u) Have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted to the authority by this article. Such 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.

(2) Nothing in subsection (1) of this section shall be construed as authorizing the authority to take any action or spend any moneys in a manner that is inconsistent with its statutory purpose to protect and preserve the water quality of Cherry Creek reservoir. Consistent therewith, the authority shall expend funds only pertaining to the water quality standards, control regulations, or similar regulations regarding the water quality of Cherry Creek and Cherry Creek reservoir if such expenditures are clearly consistent with improving, protecting, and preserving such water quality. The authority shall focus its efforts on improving, protecting, and preserving the water quality of Cherry Creek and Cherry Creek reservoir, and on achieving and maintaining the existing water quality standards.

(3) Of the revenues collected by the authority under paragraphs (n), (o), and (p) of subsection (1) of this section, a minimum of sixty percent on an annual basis shall be spent on construction and maintenance of pollution abatement projects in the Cherry Creek basin or on payments due under loans or other debt incurred and spent by the authority entirely upon such projects.
C.R.S. § 25-5-507 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-507
25-5-507. Duties of district attorney
Status: in_force

25-5-507. Duties of district attorney. (1) It is the duty of each district attorney to whom the executive director reports any violation of this part 5 to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(2) Before any violation of this part 5 is reported to any such district attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the executive director or his designated agent, either orally or in writing, or by attorney, with regard to such contemplated proceeding.
C.R.S. § 25-18.5-105 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-105
25-18.5-105. Drug laboratories - governing body - authority
Status: in_force

25-18.5-105. Drug laboratories - governing body - authority. (1) Governing bodies may declare an illegal drug laboratory that has not met the clean-up standards set by the board in section 25-18.5-102 a public health nuisance.

(2) Governing bodies may enact ordinances or resolutions to enforce this article, including preventing unauthorized entry into contaminated property; requiring contaminated property to meet clean-up standards before it is occupied; notifying the public of contaminated property; coordinating services and sharing information between law enforcement, building, public health, and social services agencies and officials; and charging reasonable inspection and testing fees.
C.R.S. § 25-3.5-806 — CO Code / Title 25 / Article 3.5 / Part 8 / Section 25-3.5-806
25-3.5-806. Tobacco education, prevention, and cessation programs - reporting requirements
Status: in_force

25-3.5-806. Tobacco education, prevention, and cessation programs - reporting requirements. (1) In adopting rules specifying the reporting requirements for entities that receive grants pursuant to this part 8, the state board shall ensure that such reports, at a minimum, include:

(a) An evaluation of the implementation of the program, including but not limited to the number of persons served and the services provided;

(b) The results achieved by the program, specifying the goals of the program and the criteria used in measuring attainment of the goals;

(c) An explanation of how the results achieved by the program contribute to the achievement of the program goals as stated in section 25-3.5-802.

(2) The division shall compile the annual reports received from entities pursuant to this section.

(3) (a) The division shall annually review the reports received from entities receiving grants pursuant to this part 8 and shall make recommendations to the state board concerning whether the amount received by an entity should be continued, reduced, or increased. The division may also recommend that the grant for an entity be immediately terminated or not renewed if the tobacco education, prevention, and cessation program funded by the grant does not demonstrate a sufficient level of success, as determined by the division.

(b) The division may contract with one or more public or private entities to review and compile the reports received pursuant to this section and prepare the recommendations pursuant to paragraph (a) of this subsection (3).
C.R.S. § 25-4-1308 — CO Code / Title 25 / Article 4 / Part 13 / Section 25-4-1308
25-4-1308. Food-contact surfaces
Status: in_force

25-4-1308. Food-contact surfaces. Product modules, lids, dispensing units, and utensils shall be designed and fabricated to meet the requirements for food-contact surfaces, as provided in section 25-4-1307.
C.R.S. § 25-8.5-102 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-102
25-8.5-102. Definitions
Status: in_force

25-8.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Agricultural lands" means all lands except land rezoned by a county or municipality for business, commercial, residential, or similar uses or subdivided lands. Those include property consisting of a lot one acre or more in size which contains a dwelling unit.

(2) "Authority" means the Cherry Creek basin water quality authority created pursuant to section 25-8.5-103.

(3) "Board" means the governing body of the authority provided for in section 25-8.5-106.

(3.5) "Conservation district" means any conservation district created pursuant to article 70 of title 35, C.R.S.

(4) "County" means any county enumerated in article 5 of title 30, C.R.S.

(5) "Municipality" means a municipality as defined in section 31-1-101 (6), C.R.S.

(6) "Publication" means three consecutive weekly advertisements in a newspaper or newspapers of general circulation within the boundaries of the authority. It shall not be necessary that an advertisement be made on the same day of the week in each of the three weeks, but not less than twelve days, excluding the day of first publication, shall intervene between the first publication and the last publication. Publication shall be complete on the date of the last publication.

(7) "Resolution" means an ordinance as passed by a member municipality or a resolution as passed by a member county or special district.

(8) (Deleted by amendment, L. 2002, p. 517, § 12, effective July 1, 2002.)

(9) "Special district" means any district created pursuant to article 1 of title 32, C.R.S., which has the power to provide sanitation services or water and sanitation services and has wastewater treatment facilities within the boundaries of the authority.

(10) "Wastewater treatment facility" means a facility providing wastewater treatment services which has a designed capacity to receive sewage for treating, neutralizing, stabilizing, and reducing pollutants contained therein prior to the disposal or discharge of the treated sewage. "Wastewater treatment facility" does not include any pretreatment facilities, lift stations, interceptor lines, or other transmission facilities to transmit sewage effluent outside the boundaries of the authority.