C.R.S. § 25-1.5-406 — CO Code / Title 25 / Article 1.5 / Part 4 / Section 25-1.5-406
25-1.5-406. School nurse grant program - creation - eligibility - award of grants - rules -
Status: in_force

25-1.5-406. School nurse grant program - creation - eligibility - award of grants - rules - report - legislative declaration - definitions. (1) (a) The general assembly finds that:

(I) School nurses play a vital role in a child's health and educational welfare in school, acting as a health-care safety net for children;

(II) When a school nurse is in a school, fewer children are sent home sick or miss school, fewer children are sent to emergency rooms for asthma, fewer 911 calls are made, and teachers and principals have more time to teach and lead;

(III) School nurses are trained to handle medical emergencies and to provide advanced first aid, as well as to provide advanced care to children who depend on medical devices, medication, or medical interventions to remain in school;

(IV) School nurses are also crucial to children's mental health and spend nearly one-third of their time on the mental health concerns of children, including referring children for critical mental health services; and

(V) In addition to providing services in schools, school nurses provide education and training to school staff, promoting healthy behaviors and creating a safe and healthy school environment for children, including children with chronic conditions such as asthma, diabetes, and severe allergies.

(b) The general assembly further finds that:

(I) Despite the demonstrated benefit to students and school staff of having school nurses in schools, according to the Colorado department of education, there are approximately only six hundred thirty school nurses in Colorado serving over nine hundred thousand school-aged children;

(II) On average, this requires one full-time school nurse to serve fifteen hundred students, with some nurses serving fewer students and some nurses serving up to three thousand students; and

(III) The number of school nurses serving students is determined by the school district and largely paid for from limited school district funding.

(c) Therefore, the general assembly declares that providing critical funding to increase children's access to school nurses is vital to the health and well-being of Colorado's school children.

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

(a) "Grant program" means the school nurse grant program created in subsection (3) of this section.

(b) "Local education provider" means a school district, other than a local college district, organized and existing pursuant to law; a board of cooperative services; a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22; or a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of title 22.

(c) "Rural school district" means a school district in Colorado that the department of education, created in section 24-1-115, determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area.

(d) "School" means a public elementary, middle, junior high, or high school.

(e) "School nurse" means a registered nurse who holds a current nursing license through the department of regulatory agencies and who has applied for or holds a special services license from the department of education pursuant to article 60.5 of title 22.

(f) "Small rural school district" means a school district in Colorado that the department of education, created in section 24-1-115, determines is rural, based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand two hundred students in kindergarten through twelfth grade.

(3) There is created in the department the school nurse grant program to award grants to local education providers to increase the number of school nurses in Colorado public schools. The grant program is administered by the primary care office in the department. The state board may promulgate rules, as necessary, to implement the grant program.

(4) (a) Except as provided in subsection (4)(b) of this section, a local education provider awarded a grant pursuant to this section shall use the grant money to hire a school nurse or nurses in the selected school or schools. The grant shall supplement, not supplant, a local education provider's funding for school nurse positions and student health-care services existing in the local education provider's most recent fiscal year prior to the year of the application to the grant program.

(b) A small rural school district or rural school district awarded a grant pursuant to this section shall first make reasonable efforts to use the grant money to hire a school nurse for the selected school or schools. If a small rural school district or rural school district can demonstrate to the department that it is unable to find a school nurse to fill the school nurse position, the small rural school district or rural school district may use the grant money to contract with a local public health agency established pursuant to section 25-1-506, a federally qualified health center as defined in section 25-3-101 (2)(a)(III)(A), or other similar community health-care provider, or a registered nurse, to provide health services to the selected school or schools. The person providing health services must meet or exceed the academic and professional qualifications of a school nurse.

(5) In applying for a grant, in addition to complying with the application process and requirements established by the department or state board rule, a local education provider seeking a grant shall include the following information in the grant application:

(a) The ratio of school nurses to the number of students served by the local education provider in all schools and in each school of the local education provider;

(b) The local education provider's number and percentage of schools that are eligible to receive money under Title I, part A of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq.;

(c) Whether a school district applicant is a small rural school district or rural school district;

(d) The school or schools in which the local education provider intends to use the grant money to hire a school nurse;

(e) The amount of money necessary to attract and retain a school nurse in the school or schools of the local education provider for the grant cycle and whether the local education provider intends to supplement a grant with any additional money to hire the school nurse position or positions; and

(f) The local education provider's plan for continuing to fund the increases in school nursing services following expiration or nonrenewal of the grant.

(6) (a) Subject to available appropriations, the department shall annually award grants in the grant program. The department may fund more than one school nurse position per grant recipient. The amount of the grant must cover up to the cost of hiring a school nurse position or positions in the local education provider's selected school or schools.

(b) (Deleted by amendment, L. 2022.)

(c) The department shall give preference to an applicant that:

(I) Is a small rural school district or rural school district; or

(II) Is eligible to receive money under Title I, part A of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq.

(7) The department may expend a portion of the grant money to offset the department's reasonable and necessary expenses in administering the grant program.

(8) (a) In any fiscal year in which the general assembly makes an appropriation to the department for the grant program, each local education provider that receives a grant pursuant to the program shall provide information to the department on or before June 30 concerning the number of school nurse positions hired through the grant program, the number of students served through the school nurse position, an explanation of services provided by the school nurse, and the impact of the grant program-funded school nurse position on the local education provider and the students it serves.

(b) Notwithstanding the provisions of section 24-1-136 (11)(a)(I) to the contrary, on or before September 1, 2020, and on or before September 1 in each fiscal year thereafter in which the state board has awarded grants in the prior fiscal year, the department shall submit a report to the education and the health and insurance committees of the house of representatives and the education and the health and human services committees of the senate, or any successor committees, that includes, at a minimum, a summary of the information reported by grant recipients pursuant to subsection (8)(a) of this section.

(9) The general assembly shall appropriate three million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the grant program. Any money remaining at the end of the 2022-23 state fiscal year from this appropriation is further appropriated to the department for the purposes of this section. The department shall obligate and spend the money received pursuant to this subsection (9) in accordance with section 24-75-226 (4)(d).

(10) The department and any person who receives money from the department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
C.R.S. § 25-52-107 — CO Code / Title 25 / Article 52 / Section 25-52-107
25-52-107. Repeal of article - review of functions
Status: repealed

25-52-107. Repeal of article - review of functions. This article 52 is repealed, effective September 1, 2029. Before the repeal, the functions of the committee are scheduled for review in accordance with section 2-3-1203.
C.R.S. § 25-2-101 — CO Code / Title 25 / Article 2 / Section 25-2-101
25-2-101. Short title
Status: in_force

25-2-101. Short title. This article shall be known and may be cited as the "Vital Statistics Act of 1984".
C.R.S. § 25-4-2404 — CO Code / Title 25 / Article 4 / Part 24 / Section 25-4-2404
25-4-2404. Vaccines - access to the public - definitions
Status: in_force

25-4-2404. Vaccines - access to the public - definitions. (1) As used in this section:

(a) "Independent pharmacy" means a prescription drug outlet privately owned by at least one licensed pharmacist with no ownership interest by or affiliation with a chain or publicly owned pharmacy.

(b) "Practitioner" means a physician or a physician assistant licensed pursuant to article 240 of title 12, an advanced practice registered nurse licensed pursuant to article 255 of title 12, or any other person who, within the person's scope of practice, is authorized by law to administer a vaccine to an individual.

(c) "Publicly funded vaccine" means a vaccine that is paid for and distributed by the federal, the state, or a local government at no cost to the practitioner administering the vaccine.

(2) (a) A practitioner may ask an individual who seeks to receive a publicly funded vaccine to present proof of health insurance or a government-issued identification card, social security card, or social security number but shall not condition an individual's receipt of a publicly funded vaccine on the presentation of the requested documentation.

(b) (I) A practitioner who administers a publicly funded vaccine shall post and keep posted a notice provided by the department of public health and environment, in multiple languages if requested, that confirms that the publicly funded vaccine will be provided regardless of the individual's provision of the requested documentation.

(II) A practitioner, except for an independent pharmacy, as defined in subsection (1)(a) of this section, who administers a publicly funded vaccine shall post and keep posted a notice provided by the department of public health and environment, in multiple languages if requested, that confirms that the publicly funded vaccine will be provided regardless of the individual's ability to pay a vaccine administration fee.

(III) A notice required by this subsection (2) must be posted by the practitioner in a location conspicuous to the individual, or a parent or legal guardian consenting to the vaccination of an individual who is under eighteen years of age, at the location of the individual's appointment. Each practitioner shall take steps to ensure that the notice is not altered, defaced, or covered by other material.

(c) A practitioner, except for an independent pharmacy as defined in subsection (1)(a) of this section, shall provide the individual, or a parent or legal guardian consenting to the vaccination of the individual who is under eighteen years of age, with a disclosure statement in the language understood by the individual receiving the vaccine, or the parent or legal guardian consenting to the vaccination of an individual under eighteen years of age, that confirms that the publicly funded vaccine will be provided regardless of the individual's provision of the requested documentation or of payment of a vaccine administration fee.

(d) The department of public health and environment shall create the disclosure statement required by this subsection (2) and shall make it available electronically to practitioners. A practitioner may request that the department provide the practitioner with the disclosure statement in a language other than English to meet the needs of an individual.

(3) (a) A practitioner shall not charge an individual or bill an individual's insurance provider or plan for the product cost of a publicly funded vaccine.

(b) A practitioner shall not condition an individual's receipt of a publicly funded vaccine on the individual's ability to pay a vaccine administration fee, but the practitioner may charge a vaccine administration fee to the individual's insurance provider or plan or attempt to collect an out-of-pocket payment for the administration of the publicly funded vaccine from an uninsured individual at the time that the publicly funded vaccine is administered.

(c) A practitioner who chooses to bill an individual or otherwise pursue the payment for a vaccine administration fee from an individual to whom a publicly funded vaccine is administered after the vaccine has been administered may issue only a single bill to the individual within ninety days after the vaccine is administered. The practitioner shall not send an unpaid vaccine administration bill to a collection agency.

(d) A practitioner may charge a vaccine administration fee that is equal to or less than the practitioner's vaccine administration costs or the vaccine administration reimbursement rate set pursuant to the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, whichever is less.

(e) Notwithstanding subsection (3)(b) of this section, an independent pharmacy may condition receipt of a publicly funded vaccine on the individual's ability to pay. The vaccine administration fee charged by the independent pharmacy must be equal to or less than the practitioner's vaccine administration costs or the vaccine administration reimbursement rate set pursuant to the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, whichever is less. If an independent pharmacy denies an individual a publicly funded vaccine due to an inability to pay the vaccine administration fee, the independent pharmacy must provide the individual with a list of practitioners provided by the department who will not condition an individual's receipt of a publicly funded vaccine on the individual's ability to pay a vaccine administration fee. Nothing in this section exempts independent pharmacies from meeting all of the requirements of federal vaccine programs, should independent pharmacies choose to enroll and be approved for such programs.

(f) If federal or state money is made available to pay for the administration costs of a publicly funded vaccine, a practitioner who administers the vaccine may request payment from the federal or state source.

(4) This section does not authorize a practitioner to charge a vaccine administration fee to an individual who receives services through the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5.

(5) A practitioner shall provide a publicly funded vaccine to any age-appropriate individual who registers for an appointment with the practitioner to receive the publicly funded vaccine within the practitioner's scope of practice.

(6) Each practitioner is encouraged to establish an electronic link and a telephone number for individuals to use to schedule an appointment for a publicly funded vaccine. To be accessible, the link should be separate from any regular patient portal with restricted access and the scheduling services should be accessible to individuals with disabilities.

(7) This section does not modify the requirements for practitioners, including independent pharmacies, serving clients pursuant to the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5, or federally qualified health centers to meet the federal requirements for these programs for the administration of publicly funded vaccines.
C.R.S. § 25-25-102 — CO Code / Title 25 / Article 25 / Section 25-25-102
25-25-102. Legislative declaration
Status: in_force

25-25-102. Legislative declaration. (1) The general assembly hereby finds and declares that, for the benefit of the people of the state of Colorado and the improvement of their health, welfare, and living conditions:

(a) It is essential that the people of this state have adequate medical care and health facilities;

(b) It is important that medical care and health facilities are made readily available by networks and organizations of health institutions, whether such networks and organizations are located within the state of Colorado or have facilities located both within and outside the state of Colorado;

(c) It is a benefit to the people of the state of Colorado to serve such multistate institutions, as such service will create health-care-related employment opportunities;

(d) It is essential that health institutions that have headquarters in Colorado or that operate or manage health facilities in Colorado, and affiliates of such health institutions, be provided with appropriate additional means to assist in the development and maintenance of public health, health care, hospitals, and related facilities wherever such health institutions are located in order that they can provide more adequate medical care and health facilities to the people of Colorado;

(e) It is the purpose of this article to provide a measure of assistance to enable health institutions in the state to refund or refinance outstanding indebtedness incurred for health facilities and to provide additional facilities and structures that are greatly needed to accomplish the purposes of this article; and

(f) The exemption of bonds and notes issued pursuant to this article from all taxation and assessments in the state of Colorado benefit only the residents of the state of Colorado.

(2) It is the intent of the general assembly to create the Colorado health facilities authority to lend money to health institutions and to authorize the authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, and dispose of properties so that the authority may be able to promote the health and welfare of the people of this state and develop health-care-related employment opportunities for the people of this state. In enacting this article, it is the intent of the general assembly to vest the authority with the powers necessary to accomplish these purposes. However, it is not the intent of the general assembly to authorize the authority to operate a health facility.

(3) This article shall be liberally construed to accomplish the intentions expressed in this section.
C.R.S. § 25-4-412 — CO Code / Title 25 / Article 4 / Part 4 / Section 25-4-412
25-4-412. Public safety - public health procedures - orders for compliance - petitions - h
Status: in_force

25-4-412. Public safety - public health procedures - orders for compliance - petitions - hearings. (1) An order or restrictive measure directed to a person with a sexually transmitted infection must only be used as the last resort when other measures to protect the public health have failed, including all reasonable efforts, which must be documented, to obtain the voluntary cooperation of the person who may be subject to the order or restrictive measure. The order or restrictive measure must be applied serially with the least intrusive measures used first. The state department or local public health agency has the burden of proof to show that specified grounds exist for the issuance of the order or restrictive measure and that the terms and conditions imposed are no more restrictive than necessary to protect the public health.

(2) When the executive director or the local director, within his or her respective jurisdiction, knows or has reason to believe, because of evidence-based, medical, or epidemiological information, that a person has a sexually transmitted infection and poses a credible risk to the public health, he or she may issue an order to:

(a) Require the person to be examined and tested to determine whether he or she has acquired a sexually transmitted infection;

(b) Require him or her to report to a qualified health-care provider for counseling regarding sexually transmitted infections, information on treatment, and how to avoid transmitting sexually transmitted infections to others; or

(c) Direct a person with a sexually transmitted infection to cease and desist from specific conduct that poses risks to the public health, but only if the executive director or local director has determined that clear and convincing evidence exists to believe that such person has been ordered to report for counseling or has received counseling by a qualified health-care provider and continues to demonstrate behavior that poses an evidence-based risk to the public health.

(3) (a) If a person violates a cease-and-desist order issued pursuant to paragraph (c) of subsection (2) of this section and it is shown that the person poses an evidence-based risk to the public health, the executive director or the local director may enforce the cease-and-desist order by imposing such restrictions upon the person as are necessary to prevent the specific conduct that risks the public health. Restrictions may include required participation in evaluative, therapeutic, and counseling programs.

(b) Any restriction must be in writing, setting forth the name of the person to be restricted; the initial period of time that the restrictive order is effective, not to exceed three months; the terms of the restrictions; and any other conditions necessary to protect the public health. Restrictions must be imposed in the least restrictive manner necessary to protect the public health.

(c) The executive director or local director who issues an order pursuant to this subsection (3) shall review petitions for reconsideration from the person affected by the order. Restriction orders issued by local directors shall be submitted for review and approval by the executive director.

(4) (a) (I) Upon the issuance of an order by the state department or a local public health agency pursuant to subsection (2) or (3) of this section, the state department or local public health agency shall give notice promptly, personally, and confidentially to the person who is the subject of the order. The notice must state the grounds and provisions of the order and notify the person who is the subject of the order that he or she has the right to refuse to comply with the order, that he or she has the right to be present at a judicial hearing in the district court to review the order, and that he or she may have an attorney appear on his or her behalf at the hearing. If a respondent to any such action cannot afford an attorney, one shall be appointed for him or her at the commencement of the court process.

(II) If the person who is the subject of the order refuses to comply with the order and refuses to voluntarily cooperate with the executive director or local director, the executive director or local director may petition the district court for an order of compliance with the order. The executive director or local director shall request that the county or city and county attorney, or district public health agency, file such petition in the district court. However, if the county or city and county attorney, or district public health agency, refuses to act, the executive director may file such petition and be represented by the attorney general.

(III) If an order of compliance is requested, the court shall hear the matter within fourteen days following the request. Notice of the place, date, and time of the hearing must be by personal service or, if the person who is the subject of the order is not available, mailed by prepaid certified mail, return receipt requested, at the person's last-known address. Proof of mailing by the state department or local public health agency is sufficient notice under this section. The state department or local public health agency has the burden of proof to show by clear and convincing evidence that the specified grounds exist for the issuance of the order, the need for compliance, and the terms and conditions imposed in the order are no more restrictive than necessary to protect the public health.

(IV) An officer or employee of the state department or a local public health agency must not be examined in any judicial, legislative, executive, or other proceedings as to the existence or content of any individual's report, other than the respondent in a proceeding authorized by this section, made by such department or agency pursuant to this part 4; the existence of the content of the reports received pursuant to section 25-4-405; or the result of an investigation conducted pursuant to section 25-4-408.

(V) Upon the conclusion of the hearing, the court shall issue appropriate orders affirming, modifying, or dismissing the original order.

(b) If the executive director or local director does not petition the district court for an order of compliance within thirty days after the person who is the subject of the order refuses to comply, the person may petition the district court for dismissal of the order. If the district court dismisses the order, the fact that the order was issued must be expunged from the records of the state department or the local public health agency.

(5) Any hearing conducted pursuant to this section must be closed and confidential, and any transcripts or records related to the hearing are also confidential.
C.R.S. § 25-4-714 — CO Code / Title 25 / Article 4 / Part 7 / Section 25-4-714
25-4-714. Exemptions from part 7
Status: repealed

25-4-714. Exemptions from part 7. (Repealed)
C.R.S. § 25-10-111 — CO Code / Title 25 / Article 10 / Section 25-10-111
25-10-111. Authority of local boards of health to deny permits for on-site wastewater treat
Status: in_force

25-10-111. Authority of local boards of health to deny permits for on-site wastewater treatment systems in unsuitable areas. Nothing in this article preempts or affects the ability of a local board of health to prohibit issuance of OWTS permits, in accordance with applicable land use laws and procedures, for defined areas in which the local board of health determines that construction and use of additional on-site wastewater treatment systems may constitute a hazard to public health or water quality.
C.R.S. § 25-7-209 — CO Code / Title 25 / Article 7 / Part 2 / Section 25-7-209
25-7-209. Colorado designated pristine areas for sulfur dioxide
Status: in_force

25-7-209. Colorado designated pristine areas for sulfur dioxide. (1) In the following areas which were designated Colorado category I for sulfur dioxide by the commission on October 27, 1977, the increase allowed in sulfur dioxide concentrations over the baseline concentration shall be the same as the increase established by section 163(b) of the federal act for Class I areas:

(a) National parks:

(I) Rocky mountain;

(II) Mesa Verde;

(III) Great sand dunes;

(IV) Black canyon of the Gunnison;

(b) National monuments:

(I) Florissant fossil beds;

(II) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1971, § 87, effective August 5, 2009.)

(III) Colorado;

(IV) Dinosaur;

(V) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1971, § 87, effective August 5, 2009.)

(c) Forest service wilderness areas:

(I) Eagles nest;

(II) Flattops;

(III) La Garita;

(IV) Maroon bells - Snowmass;

(V) Mount Zirkel;

(VI) Rawah;

(VII) Weminuche;

(VIII) West elk;

(d) Forest service primitive areas:

(I) Uncompahgre mountain;

(II) Wilson mountain;

(e) Lands administered by the federal bureau of land management in the Gunnison gorge recreation area as of October 27, 1977.
C.R.S. § 25-1-520 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-520
25-1-520. Clean syringe exchange programs - operation - approval - testing supplies
Status: repealed

25-1-520. Clean syringe exchange programs - operation - approval - testing supplies. (1) A county public health agency or district public health agency may request approval from its county board of health or district board of health, referred to in this section as the "board", for a clean syringe exchange program operated by the agency or by a nonprofit organization with which the agency contracts to operate the clean syringe exchange program. Prior to approving or disapproving any such optional program, the board shall consult with the agency and interested stakeholders concerning the establishment of the clean syringe exchange program. Interested stakeholders must include, but need not be limited to, local law enforcement agencies, district attorneys, substance use disorder treatment providers, persons with a substance use disorder in remission, nonprofit organizations, hepatitis C and HIV advocacy organizations, and members of the community. The board and interested stakeholders shall consider, at a minimum, the following issues:

(a) The scope of the problem being addressed and the population the program would serve;

(b) Concerns of the law enforcement community; and

(c) The parameters of the proposed program, including methods for identifying program workers and volunteers.

(2) Each proposed clean syringe exchange program must, at a minimum, have the ability to:

(a) Provide an injection drug user with the information and the means to protect himself or herself, his or her partner, and his or her family from exposure to blood-borne disease through access to education, sterile injection equipment, voluntary testing for blood-borne diseases, and counseling;

(b) Provide thorough referrals to facilitate entry into substance use disorder treatment programs, including opioid substitution therapy;

(c) Encourage usage of medical care and mental health services as well as social welfare and health promotion;

(d) Provide safety protocols and classes for the proper handling and disposal of injection materials;

(e) Plan and implement the clean syringe exchange program with the clear objective of reducing the transmission of blood-borne diseases within a specific geographic area;

(f) Develop a timeline for the proposed program and for the development of policies and procedures; and

(g) Develop an education program regarding the legal rights under this section and section 18-18-428 (1)(b), C.R.S., that encourages participants to always disclose their possession of hypodermic needles or syringes to peace officers or emergency medical technicians or other first responders prior to a search.

(2.3) A clean syringe exchange program operating pursuant to this section may purchase and distribute other supplies and tools intended to reduce health risks associated with the use of drugs, including, but not limited to, smoking materials.

(2.5) (a) A nonprofit organization with experience operating a clean syringe exchange program or a health facility licensed or certified by the state may operate a clean syringe exchange program without prior board approval.

(b) Prior to operating a clean syringe exchange program pursuant to this subsection (2.5), a nonprofit organization shall consult with interested stakeholders and discuss the issues described in subsection (1) of this section.

(c) Each nonprofit organization and health facility that operates a clean syringe exchange program pursuant to this subsection (2.5) shall annually report to the state department specifying the nonprofit organization's or health facility's number of syringe access episodes in the previous year and the number of used syringes collected by the nonprofit organization or health facility.

(3) The board may approve or disapprove the proposed clean syringe exchange program based on the results of the meetings held pursuant to subsection (1) of this section.

(4) If the board approves a clean syringe exchange program that is operated through a contract with a nonprofit organization, the contract shall be subject to annual review and shall be renewed only if the board approves the contract after consultation with the county or district public health agency and interested stakeholders as described in subsection (1) of this section.

(4.5) A clean syringe exchange program operating pursuant to this section may acquire and use supplies or devices intended for use in testing controlled substances or controlled substance analogs for potentially dangerous adulterants.

(5) One or more counties represented on a district board of health may at any time opt out of a clean syringe exchange program proposed or approved pursuant to this section.

(6) Repealed.
C.R.S. § 25-20.5-2305 — CO Code / Title 25 / Article 20.5 / Part 23 / Section 25-20.5-2305
25-20.5-2305. Overdose fatality review access to information - fees - disclosure - no liabilit
Status: in_force

25-20.5-2305. Overdose fatality review access to information - fees - disclosure - no liability for sharing records. (1) The chair of a local team may request information from a person, agency, or entity described in subsection (2) of this section as necessary to carry out the purposes and duties of the local team that are set forth in the order, agreement, or other document establishing the local team. Subject to subsection (4) of this section, but notwithstanding any other provision of state or local law to the contrary, upon written request of the chair of a local team, a person, agency, or entity shall provide the local team with the following:

(a) If the person, agency, or entity is a health-care provider, substance use disorder treatment provider, hospital, or other health-care facility or behavioral health entity, information and records maintained by the person, agency, or entity regarding the physical health, mental health, and substance use disorder treatment for a person whose death or near death is being reviewed by the local team; and

(b) If the agency or entity is a state or local government agency or entity that provided services to a person whose death or near death is being reviewed by the local team or provided services to the family of the person, information and records maintained by the agency or entity about the person, including death investigative information, medical examiner investigative information, law enforcement investigative information, emergency medical services reports, fire department records, prosecutorial records, parole and probation information and records, court records, school records, and information and records of a department of human or social services, including the local human services and public health agencies.

(2) The following persons, agencies, or entities shall comply with a records request by the chair of a local team made pursuant to subsection (1) of this section:

(a) A coroner or medical examiner;

(b) A fire department;

(c) A health-care facility;

(d) A hospital;

(e) A state or local law enforcement agency;

(f) A state or local governmental agency, including the department of human services, including the behavioral health administration; the department of public health and environment, so long as the department of public health and environment created or holds the records and the release does not violate any agreement not to release the records; the department of law; the office of state public defender; the department of corrections; and the state board of parole;

(g) A behavioral health entity;

(h) A health-care provider;

(i) A substance use disorder treatment provider;

(j) A school, including a public or private elementary, middle, junior high, or high school, or a public or private institution of postsecondary education described in title 23, including the Auraria higher education center created in article 70 of title 23;

(k) A social services provider;

(l) Ground or air ambulance service agencies; and

(m) Any other person or entity that is in possession of records that are, as determined by the local team, pertinent to the local team's investigation of an overdose fatality.

(3) (a) A person, agency, or entity shall provide requested information to the local team within ten business days after receipt of the written request, excluding weekends and holidays, unless an extension is granted by the chair of the local team. Written requests may include a request submitted via e-mail or facsimile transmission.

(b) A person, agency, or entity that receives a records request from a local team pursuant to this section may charge the local team a reasonable fee for the service of duplicating any records requested by the local team.

(4) The disclosure or redisclosure, in accordance with this section, of a medical record developed in connection with the provision of substance use treatment services, without the authorization of a person in interest, is subject to any limitations that exist pursuant to applicable state or federal law, including a state law listed in section 25-1-1202, 42 U.S.C. sec. 290dd-2, and 42 CFR 2.

(5) Notwithstanding any law to the contrary, the local team does not need an administrative subpoena or other form of legal compulsion to receive requested records.

(6) The chair of a local team, or the chair's designee, may request a person whose overdose is under review or, if deceased, the person's next of kin to sign a consent form for the release of confidential information.

(7) So long as each individual present at a local team meeting has signed the confidentiality form described in section 25-20.5-2306, any information received by the chair of the local team in response to a request under this section may be shared at a local team meeting with local team members and any nonmember attendees.

(8) A person, agency, or entity that provides information or records to a local team pursuant to this part 23 is not subject to civil or criminal liability or any professional disciplinary action pursuant to state law as a result of providing the information or record.

(9) A member of the local team may contact, interview, or obtain information by request from a family member or friend of a person whose death is being reviewed by the local team.
C.R.S. § 25-5-311 — CO Code / Title 25 / Article 5 / Part 3 / Section 25-5-311
25-5-311. Disposition of moneys
Status: repealed

25-5-311. Disposition of moneys. (Repealed)
C.R.S. § 25-23-104 — CO Code / Title 25 / Article 23 / Section 25-23-104
25-23-104. State dental loan repayment and oral health programs fund - acceptance of grants
Status: in_force

25-23-104. State dental loan repayment and oral health programs fund - acceptance of grants and donations. (1) (a) The state dental loan repayment and oral health programs fund, referred to in this section as the "fund", is hereby created in the state treasury.

(b) The fund consists of money appropriated by the general assembly to the fund, money transferred to the fund pursuant to subsection (2) of this section, and any matching funds or contributions received from public or private sources. Matching funds or contributions received from public or private sources shall be transmitted to the treasurer, who shall credit the money to the fund.

(c) At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(d) Subject to annual appropriation by the general assembly, the department of public health and environment may expend money from the fund to provide loan repayment assistance to eligible dental professionals and to fund oral health programs administered by the department of public health and environment. Money in the fund may also be used to pay for the administrative costs of the department of public health and environment to implement the loan repayment program and oral health programs administered by the department of public health and environment; except that administrative costs shall not exceed ten percent of the money in the fund.

(2) (a) Pursuant to section 24-75-1104.5 (1.7)(m), for fiscal year 2016-17 and for each fiscal year thereafter so long as the state receives money pursuant to the master settlement agreement, the state treasurer shall transfer to the state dental loan repayment and oral health programs fund one percent of the money received by the state pursuant to the master settlement agreement for the preceding fiscal year.

(b) The state treasurer shall transfer to the fund the amount specified in subsection (2)(a) of this section from money credited to the tobacco litigation settlement cash fund created in section 24-22-115. Money in the fund is subject to annual appropriation by the general assembly for the purposes of this article 23 and oral health programs administered by the department of public health and environment. The amount appropriated pursuant to this subsection (2) is in addition to and not in replacement of any general fund money appropriated to the fund.

(3) The department of public health and environment is authorized to receive contributions, grants, and services from public and private sources to carry out the purposes of this article.
C.R.S. § 25-10-102 — CO Code / Title 25 / Article 10 / Section 25-10-102
25-10-102. Legislative declaration
Status: in_force

25-10-102. Legislative declaration. (1) The general assembly declares it to be in the public interest to establish minimum standards and rules for on-site wastewater treatment systems in the state and to provide the authority for the administration and enforcement of those minimum standards and rules:

(a) To preserve the environment and protect the public health and water quality;

(b) To eliminate and control causes of disease, infection, and aerosol contamination; and

(c) To reduce and control the pollution of the air, land, and water.
C.R.S. § 25-7-118 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-118
25-7-118. Delayed compliance orders
Status: in_force

25-7-118. Delayed compliance orders. (1) The division may, after notice and an opportunity for a public hearing, issue an order for any stationary source which specifies a date for final compliance with any requirement of the state implementation plan not later than the date for attainment of any national ambient air quality standard specified in such plan and in no event longer than one year after the date the order was issued, if the requirements of this section are met. If a public hearing is requested by an interested person, the request shall, within twenty days of its receipt, be transmitted to the commission. The commission shall, within sixty days of its receipt of the request, hold a public hearing with respect thereto and, within thirty days of such hearing, issue its decision and order.

(2) An order pursuant to this section may be issued if the order:

(a) Is issued after notice to the public containing the content of the proposed order and after an opportunity for a public hearing thereon;

(b) Contains a schedule and timetable for compliance which requires final compliance as expeditiously as practical, but in no event later than July 1, 1979, or three years after the date for final compliance with such requirement that is specified in the state implementation plan, whichever is later;

(c) In the case of a major stationary source, notifies the source that it will be required to pay a penalty under section 25-7-115 in the event such stationary source fails to achieve final compliance by July 1, 1979, or by such later date as is specified in the order in accordance with section 25-7-115;

(d) Requires emission monitoring and reporting by the stationary source;

(e) Requires the stationary source to use the best practical system of emission reduction for the period during which such order is in effect and requires the stationary source to comply with such interim requirements as the division or commission determines are reasonable and practical.

(3) If any stationary source not in compliance with any requirement of the state implementation plan gives notice to the division or commission that such stationary source intends to comply by means of replacement of the facility, a complete change in its production process, or a termination of its operations, the division or commission may issue an order under this section permitting the stationary source to operate until July 1, 1979, without any interim schedule of compliance. As a condition of the issuance of any such order, the owner or operator of such stationary source shall post a bond or other surety in an amount equal to the cost of actual compliance by such facility and any economic value which may accrue to the owner or operator of such stationary source by reason of the failure to comply. If the owner or operator of a stationary source for which the bond or other surety required by this subsection (3) has been posted fails to replace the facility, change the production process, or terminate the operations as specified in the order by the required date, the owner or operator shall immediately forfeit on the bond or other surety, and the commission shall have no discretion to modify the order under this subsection (3) or to compromise the bond or other surety.

(4) Any order pursuant to this section shall be terminated if the commission determines, after notice and a hearing, that the inability of the stationary source to comply no longer exists. If the owner or operator of the stationary source to which the order is issued demonstrates that prompt termination of such order would result in undue hardship, the termination shall become effective at the earliest practicable date on which such undue hardship would not result but in no event later than the date required under this section.

(5) (a) If, on the basis of any information available to it, the division has reason to believe that a stationary source to which an order has been issued pursuant to this section is in violation of any requirement of such order or of any provision of this section, it shall notify the commission and the owner or operator of the alleged violation and may revoke such order or may commence an appropriate enforcement action pursuant to this article, or both.

(b) The owner or operator shall respond as provided in section 25-7-115, and, within sixty days after receipt of such notice, the division shall issue a determination thereon. If the division determines that the stationary source is in violation of any requirement of such order or of any provision of this section, it shall revoke such order and enforce compliance with the requirement with respect to which such order was granted or shall order payment of a penalty as provided in section 25-7-115, or both.

(6) During the period of the order issued under this section and when the owner or operator is in compliance with the terms of such order, no other enforcement action pursuant to this article shall be taken against such owner or operator based upon noncompliance during the period the order is in effect with the requirement for the stationary source covered by such order.

(7) Nothing in this section, and no delayed compliance order granted pursuant to this section, shall be construed to prevent or limit the application of the emergency provisions of section 25-7-112 or 25-7-113. No order issued under this subsection (7) shall prevent the state from assessing penalties nor otherwise affect or limit the state's authority to enforce under other provisions of this article.
C.R.S. § 25-17-404 — CO Code / Title 25 / Article 17 / Part 4 / Section 25-17-404
25-17-404. Paint stewardship program plan - assessment - rules - fees
Status: in_force

25-17-404. Paint stewardship program plan - assessment - rules - fees. (1) Effective July 1, 2015, no producer shall sell, offer for sale, or distribute architectural paint in Colorado unless the producer is implementing or participating in a paint stewardship program approved by the executive director. The executive director may approve an earlier start date as part of his or her approval of a paint stewardship program plan submitted in accordance with subsection (2) of this section. A paint stewardship program must commence within ninety days after the executive director's approval of the paint stewardship program plan.

(2) One or more producers, or a stewardship organization contracted by one or more producers, shall submit for approval a paint stewardship program plan to the executive director by January 1, 2015. To be approved, a paint stewardship program plan must:

(a) Identify the following:

(I) A list of each producer participating in the program;

(II) The contact information for the producer or stewardship organization implementing the program; and

(III) A list of all brands covered by the program;

(b) Describe the manner in which the program will collect, transport, reuse, recycle, and process postconsumer architectural paint, including a description of the following:

(I) Energy recovery and disposal; and

(II) Standards to ensure the use of environmentally sound management practices, including collection standards;

(c) Describe the manner in which the program will collect postconsumer architectural paint. At a minimum, a program plan must establish collection practices that:

(I) Provide convenient collection sites throughout the state;

(II) To ensure adequate collection coverage, use demographic and geographic information modeling to determine the number and distribution of collection sites based on the following criteria:

(A) At least ninety percent of Colorado residents must have a permanent collection site within a fifteen-mile radius of their homes;

(B) An additional permanent site must be provided for every thirty thousand residents of an urbanized area, as defined by the United States census bureau, and distributed in a manner that provides convenient and reasonably equitable access for residents within each urbanized area, unless the executive director approves otherwise; and

(C) For the portion of Colorado residents who will not have a permanent collection site within a fifteen-mile radius of their homes, the plan must provide collection events at least once per year; and

(III) Include specific information on how to serve geographically isolated populations and a proposal for how to measure and report service to those populations. This information must include a description of how the program will work with existing recyclers and local governments that wish to continue to be involved in paint recycling and collection.

(d) Notwithstanding the requirements of subparagraphs (I) and (II) of paragraph (c) of this subsection (2), the plan may, in lieu of providing collection sites for a specified geographic area or population, identify an available curbside service that provides access to residents that is at least as convenient and equitably accessible as a collection site;

(e) Describe how the paint stewardship program will incorporate and fairly compensate service providers for activities that may include:

(I) For services such as permanent collection sites, collection events, or curbside services, the coverage of costs for collecting postconsumer architectural paint and architectural paint containers;

(II) The reuse or processing of postconsumer architectural paint at a permanent collection site; and

(III) The transportation, recycling, and proper disposal of postconsumer architectural paint;

(f) Provide a list of the names, locations, and hours of operation for facilities accepting postconsumer architectural paint for recycling under the program;

(g) Identify one or more designated persons responsible for:

(I) Ensuring the program's compliance with this part 4 and the rules promulgated under this part 4; and

(II) Serving as a contact person for the department with respect to the paint stewardship program;

(h) Describe the manner in which the program will achieve the following goals:

(I) Reducing the generation of postconsumer architectural paint;

(II) Promoting the reuse of postconsumer architectural paint; and

(III) Using best practices that are both environmentally and economically sound to manage postconsumer architectural paint. These practices should follow a waste handling hierarchy, which provides a preference for source reduction, then reuse, followed by recycling, energy recovery, and finally waste disposal.

(i) Include an education and outreach program that must:

(I) Target consumers, painting contractors, and paint retailers;

(II) Reach all architectural paint markets served by the participating producers; and

(III) Include a methodology for evaluating the effectiveness of the education and outreach program on an annual basis, including methods for determining the percentage of consumers, painting contractors, and retailers who are aware of:

(A) Ways to reduce the generation of postconsumer architectural paint; and

(B) Opportunities available for the reuse and recycling of postconsumer architectural paint;

(j) (I) Demonstrate sufficient funding for the architectural paint stewardship program described in the plan through the imposition of a paint stewardship assessment that each producer shall charge retailers and distributors for each container of the producer's architectural paint sold in Colorado. Each producer shall remit the paint stewardship assessments collected to the paint stewardship program. Each retailer and distributor shall add the amount of the paint stewardship assessment to the purchase price of a container of the producer's architectural paint sold in Colorado. The paint stewardship program must not impose any fees on customers for the collection of post-consumer architectural paint.

(II) To ensure that a paint stewardship program's funding mechanism is equitable and sustainable, the funding mechanism must:

(A) Provide a uniform paint stewardship assessment that does not exceed the amount necessary to recover program costs; and

(B) Require that any funds generated by the aggregate amount of fees charged to consumers be placed back into the program.

(k) Include a proposed budget and a description of the process used to determine the paint stewardship assessment required by paragraph (j) of this subsection (2).

(3) (a) The executive director shall review a paint stewardship program plan submitted in accordance with subsection (2) of this section for compliance with this part 4, including a review of the proposed paint stewardship assessment required by paragraph (j) of subsection (2) of this section, to ensure that the paint stewardship assessment does not exceed an amount necessary to recover program costs. The executive director shall approve or reject a plan in writing within ninety days after receipt of the plan. If a plan meets the criteria of subsection (2) of this section, the executive director shall approve the plan. If the executive director rejects a plan, the executive director shall include in the written rejection the reason or reasons for rejecting the plan.

(b) (I) If the executive director approves a paint stewardship program plan, the executive director shall add:

(A) The producer or group of producers participating in the paint stewardship program plan to a list of producers participating in an approved paint stewardship program plan; and

(B) The brands being sold by the producer or group of producers to a list of brands included in an approved paint stewardship program plan.

(II) The executive director shall publish the lists on the department's website, and he or she shall update the published lists as necessary.

(c) The executive director's rejection of a paint stewardship program plan constitutes a final agency action that may be appealed in accordance with the procedures set forth in section 24-4-106, C.R.S.

(d) If the executive director's decision to reject a paint stewardship program plan is not appealed pursuant to section 24-4-106, C.R.S., or the executive director prevails on appeal, the producer, group of producers, or stewardship organization that submitted the paint stewardship program plan must submit a revised plan within ninety days after the date on which the executive director's decision was affirmed or, if no appeal was pursued, the date on which the time for appeal expired. The revised plan must provide the information required by subsection (2) of this section. The executive director shall approve or reject a revised plan under the procedure set forth in paragraph (a) of this subsection (3). The executive director's rejection of a revised plan may be appealed in accordance with section 24-4-106, C.R.S.

(4) When submitting a paint stewardship program plan, a revised plan, or an annual report, as required by section 25-17-405, one or more producers or a stewardship organization contracted by one or more producers shall pay a paint stewardship program plan fee, revised plan fee, or annual report fee in an amount that the commission has established or adjusted by rule. In establishing or adjusting a fee by rule, the commission shall consult with the executive director and, as needed, with an association of producers.

(5) The aggregate amount of fees charged to consumers pursuant to this section shall be in an amount not to exceed the actual cost of the program.
C.R.S. § 25-15-310 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-310
25-15-310. Criminal offenses - penalties
Status: in_force

25-15-310. Criminal offenses - penalties. (1) On or after the date specified in section 25-15-102 (3), no person shall:

(a) Transport or cause to be transported any hazardous waste identified or listed pursuant to this article to a facility which does not have a permit under this article or the federal act;

(b) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article either without having obtained a permit as required by this article or the federal act or in knowing violation of any material condition or requirement of a permit or interim status requirement;

(c) Omit any material information or make any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this article or with the federal act or regulations promulgated under this article or the federal act;

(d) Destroy, alter, or conceal any record required to be maintained or fail to file any record required to be filed under regulations promulgated by the commission under this part 3 or pursuant to the federal act; or

(e) Treat, store, or dispose of any hazardous waste identified or listed pursuant to this article in violation of any material condition or requirement of a permit or interim status requirement.

(2) Except as provided in section 18-13-112, 29-22-108, or 42-20-113, C.R.S., any person acting with criminal negligence as defined in section 18-1-501 (3), C.R.S., who violates any of the provisions of paragraph (a), (c), (d), or (e) of subsection (1) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than twenty-five thousand dollars for each day of violation. If such conviction is for a violation committed after a previous conviction under this subsection (2), the maximum fine shall be doubled.

(3) Any person who knowingly, as defined in section 18-1-501 (6), C.R.S., violates any of the provisions of paragraph (a), (b), (c), or (d) of subsection (1) of this section is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than fifty thousand dollars for each day of violation, or by imprisonment not to exceed four years, or by both such fine and imprisonment. If said conviction is for a violation committed after a previous conviction of such person under this subsection (3), the maximum punishment shall be doubled with respect to both fine and imprisonment.

(4) (a) (Deleted by amendment, L. 92, p. 1252, § 12, effective August 1, 1992.)

(b) Any generator who otherwise stores waste on-site in compliance with the requirements of 6 CCR 1007-3, section 262.34 (a), as those requirements exist on July 1, 1988, but who knowingly exceeds the ninety-day storage period or any extension thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in subsection (2) of this section.

(5) The court shall consider the factors contained in paragraphs (a) to (i) of this subsection (5) in determining the amount of any criminal sanction to be imposed pursuant to this article. The factors contained in paragraphs (f), (g), and (h) of this subsection (5) shall be mitigating factors and may be applied, together with other factors, to reduce or eliminate sanctions or penalties. Such factors are:

(a) The seriousness of the violation;

(b) Whether the violation was intentional, reckless, or negligent;

(c) The impact upon or the threat to the public health or the environment as a result of the violation;

(d) The degree, if any, of recalcitrance or recidivism upon the part of the violator;

(e) The economic benefit realized by the violator as a result of the violation;

(f) The voluntary and complete disclosure by the violator of such violation in a timely fashion after discovery and prior to the department's knowledge of the violation, provided that all reports required pursuant to state environmental law have been submitted as and when otherwise required;

(g) Full and prompt cooperation by the violator following disclosure of a violation, including, when appropriate, entering into in good faith and implementing a legally enforceable agreement to undertake compliance and remedial efforts;

(h) The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good-faith manner and that includes sufficient measures to identify and prevent future noncompliance; and

(i) Any other aggravating or mitigating circumstances.
C.R.S. § 25-15-403 — CO Code / Title 25 / Article 15 / Part 4 / Section 25-15-403
25-15-403. Generator management plan
Status: in_force

25-15-403. Generator management plan. (1) Each generator of infectious waste shall develop and implement an on-site infectious waste management plan which is appropriate for the particular facility. Such plan shall include:

(a) The designation of infectious waste generated by the facility;

(b) The handling of infectious waste which includes segregation, identification, packaging, storage, transportation, treatment techniques for each waste type, if applicable, and disposal;

(c) Contingency planning for spills or loss of containment;

(d) Staff training and the designation of a person responsible for implementation of the management plan;

(e) If on-site treatment is not available, the management plan shall provide for appropriate off-site treatment or disposal.

(2) The management plan, including the documentation provided in section 25-15-404 (2), shall be available for inspection to the hauler of any waste, to the disposal facility, and to the licensing or regulatory agency, if applicable, of the generator.
C.R.S. § 25-20.5-102 — CO Code / Title 25 / Article 20.5 / Part 1 / Section 25-20.5-102
25-20.5-102. Definitions
Status: repealed

25-20.5-102. Definitions. As used in this article 20.5, unless the context otherwise requires:

(1) "Department" means the department of public health and environment, created pursuant to section 25-1-102.

(2) "Division" means the prevention services division created in section 25-20.5-103.

(3) "Executive director" means the executive director of the department of public health and environment.

(4) "Prevention, intervention, and treatment program" means a program that provides prevention, intervention, or treatment services.

(5) "Prevention, intervention, and treatment services" means services that are designed to promote the well-being of youth and their families by decreasing high-risk behaviors, strengthening healthy behaviors, and promoting family stability.

(6) Repealed.
C.R.S. § 25-19-108 — CO Code / Title 25 / Article 19 / Section 25-19-108
25-19-108. Implementation within existing resources
Status: in_force

25-19-108. Implementation within existing resources. Any department of state implementing any provision of this article shall do so without additional appropriations of state moneys and without additional personnel.
C.R.S. § 25-25-127 — CO Code / Title 25 / Article 25 / Section 25-25-127
25-25-127. Account of activities - receipts for expenditures - report - audit
Status: in_force

25-25-127. Account of activities - receipts for expenditures - report - audit. (1) The authority shall keep an accurate account of its activities, receipts, and expenditures and shall annually make a report of its activities, receipts, and expenditures to the board, the governor, and the state auditor. The report shall be submitted within six months after the close of the authority's fiscal year and shall be in a form prescribed by the recipients of the report.

(2) The state auditor may investigate the affairs of the authority, severally examine the properties and records of the authority, and prescribe methods of accounting and the rendering of periodical reports in relation to facilities undertaken by the authority. This article and the expenditures of the authority shall be reviewed by the legislative audit committee every odd-numbered year.
C.R.S. § 25-4-1706 — CO Code / Title 25 / Article 4 / Part 17 / Section 25-4-1706
25-4-1706. Infant immunization program - eligibility
Status: in_force

25-4-1706. Infant immunization program - eligibility. Any infant shall be eligible for participation in the infant immunization program; except that, for fiscal year 1992-93, only infants born on or after January 1, 1993, shall be eligible for participation in the infant immunization tracking program.
C.R.S. § 25-18.5-107 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-107
25-18.5-107. Enforcement
Status: in_force

25-18.5-107. Enforcement. (1) A person that violates any rule promulgated by the board under section 25-18.5-102 is subject to an administrative penalty not to exceed fifteen thousand dollars per day per violation until the violation is corrected.

(2) (a) Whenever the department has reason to believe that a person has violated any rule promulgated by the board under section 25-18.5-102, the department shall notify the person, specifying the rule alleged to have been violated and the facts alleged to constitute the violation.

(b) The department shall either:

(I) Send the notice by certified or registered mail, return receipt requested, to the alleged violator's last-known address; or

(II) Personally serve the notice upon the alleged violator or the alleged violator's agent.

(c) The alleged violator has thirty days following receipt of the notice to submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective actions.

(d) Within fifteen days after receiving notice of an alleged violation, the alleged violator may request an informal conference with department personnel to discuss the alleged violation. The department shall hold the informal conference within the thirty days allowed for a written response.

(e) After consideration of any written response and informal conference, the department shall issue a letter, within thirty days after the date of the informal conference or written response, whichever is later, affirming or dismissing the violation. If the department affirms the violation, the department shall issue an administrative order within one hundred eighty days after the time for a written response has expired. The administrative order must include any remaining corrective actions that the violator shall take and any administrative penalty that the department determines is appropriate.

(f) The department shall serve an administrative order under this article on the person subject to the order by personal service or by registered mail, return receipt requested, at the person's last-known address. An order may be prohibitory or mandatory in effect. The order is effective immediately upon issuance unless otherwise provided in the order.

(g) In determining the amount of an administrative penalty, the department shall consider the following factors:

(I) The seriousness of the violation;

(II) Whether the violation was intentional, reckless, or negligent;

(III) Any impact on, or threat to, the public health or environment as a result of the violation;

(IV) The violator's degree of recalcitrance;

(V) Whether the violator has had a prior violation and, if so, the nature and severity of the prior violation;

(VI) The economic benefit the violator received as a result of the violation;

(VII) Whether the violator voluntarily, timely, and completely disclosed the violation before the department discovered it;

(VIII) Whether the violator fully and promptly cooperated with the department following disclosure or discovery of the violation; and

(IX) Any other relevant aggravating or mitigating circumstances.

(3) If the department determines that a person has been grossly noncompliant with the rules promulgated by the board under section 25-18.5-102, the department may:

(a) Suspend or revoke the person's certification for the assessment, decontamination, or sampling of illegal drug laboratories; or

(b) Suspend or revoke the approval of a person to provide training for consultants or contractors performing assessment, decontamination, or sampling of illegal drug laboratories.
C.R.S. § 25-8-303 — CO Code / Title 25 / Article 8 / Part 3 / Section 25-8-303
25-8-303. Monitoring
Status: in_force

25-8-303. Monitoring. (1) The division shall take such samplings as may be necessary to enable it to determine the quality of every reasonably accessible segment of state waters, wherever practical. In sampling such waters the division shall give consideration to characteristics such as those listed in section 25-8-204 (2), but if pollution is suspected the sampling shall not be limited or restricted by reason of the fact that no water quality standard has been promulgated for the suspected type of pollution.

(2) As to every segment of state waters so sampled, the division shall endeavor to determine the nature and amount of each pollutant, whether a new or different water quality standard is needed, the source of each pollutant, the place where each such pollutant enters the water, and the names and addresses of each person responsible for or in control of each entry.

(3) As to each separate pollution source identified, the division shall:

(a) Determine what control regulations are applicable, if any;

(b) Determine whether the discharge is covered by a permit and whether or not any condition of the permit is being violated;

(c) Determine what further control measures with respect to such pollution source are practicable.

(4) The division shall inform the commission of any unusual problem which creates difficulties in abating pollution.
C.R.S. § 25-15-509 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-509
25-15-509. Judicial review
Status: in_force

25-15-509. Judicial review. The award, denial, revocation, or suspension of a certificate of designation by the governing body having jurisdiction shall be subject to judicial review in the district court for the judicial district in which the hazardous waste incinerator or processor is located or is proposed to be located. Any request for such judicial review shall be made within thirty days after such award, denial, revocation, or suspension. If the court finds that the governing body having jurisdiction has acted reasonably and in accordance with the procedures and procedural limitations of this part 5, the court shall affirm the action of the governing body having jurisdiction. If the court finds that the action is arbitrary and capricious, not in accord with the procedures or procedural limitations of this part 5, unsupported by substantial evidence when the record is considered as a whole, or otherwise contrary to law, then the court shall hold unlawful and set aside the action and shall remand the case to the governing body having jurisdiction for further proceedings as appropriate.
C.R.S. § 25-16-309 — CO Code / Title 25 / Article 16 / Part 3 / Section 25-16-309
25-16-309. Coordination with other laws
Status: in_force

25-16-309. Coordination with other laws. (1) Nothing in this part 3 shall absolve any person from obligations under any other law or regulation, including any requirement to obtain permits or approvals for work performed under a voluntary clean-up plan.

(2) If the United States environmental protection agency indicates that it is investigating a site which is the subject of an approved voluntary clean-up plan or no action petition, the department shall actively pursue a determination by the United States environmental protection agency that the property not be addressed under the federal act or, in the case of property being addressed through a voluntary clean-up plan, that no further federal action be taken with respect to the property at least until the voluntary clean-up plan is completely implemented.
C.R.S. § 25-4-705 — CO Code / Title 25 / Article 4 / Part 7 / Section 25-4-705
25-4-705. Importation for resale prohibited - when
Status: repealed

25-4-705. Importation for resale prohibited - when. (Repealed)
C.R.S. § 25-1-1002 — CO Code / Title 25 / Article 1 / Part 10 / Section 25-1-1002
25-1-1002. Definitions
Status: in_force

25-1-1002. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Nursing home facility" means a facility which provides skilled nursing home services or intermediate care nursing home services.
C.R.S. § 25-56-104 — CO Code / Title 25 / Article 56 / Section 25-56-104
25-56-104. Prohibition on discrimination for organ transplants based solely on disability -
Status: in_force

25-56-104. Prohibition on discrimination for organ transplants based solely on disability - applicability. (1) This article 56 applies to all stages of the organ transplant process.

(2) A covered entity shall not, solely on the basis of an individual's disability:

(a) Consider the individual ineligible to receive an anatomical gift or organ transplant;

(b) Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and post-operative treatment and services;

(c) Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;

(d) Refuse to place a qualified recipient on an organ transplant waiting list; or

(e) Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if the individual did not have a disability.

(3) Notwithstanding subsection (2) of this section, a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician or surgeon, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift or organ transplant.

(4) If an individual has the necessary support system to assist the individual in complying with post-transplant medical requirements, a covered entity may not consider the individual's inability to independently comply with post-transplant medical requirements to be medically significant for the purposes of subsection (3) of this section.

(5) A covered entity shall:

(a) Make reasonable modifications to its policies, practices, and procedures to allow individuals with disabilities access to transplantation-related services, including diagnostic services, surgery, coverage, post-operative treatment, and counseling, unless the covered entity demonstrates that making such modifications would fundamentally alter the nature of the services provided; and

(b) Take steps reasonable and necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, post-operative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking such steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity.

(6) Nothing in this article 56 requires a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.
C.R.S. § 25-1.5-407 — CO Code / Title 25 / Article 1.5 / Part 4 / Section 25-1.5-407
25-1.5-407. Practice-based health education grant program - creation - primary care office t
Status: repealed

25-1.5-407. Practice-based health education grant program - creation - primary care office to administer. (1) Subject to available appropriations, the department shall implement the practice-based health education grant program, referred to in this section as the "grant program", to increase practice-based training opportunities necessary for health profession students enrolled in accredited Colorado schools to complete degree requirements and become licensed to practice or program participants enrolled in other training or residency programs offered by a public or nonprofit Colorado medical school or residency program accredited by the Accreditation Council for Graduate Medical Education (ACGME) to gain hands-on experience in pursuit of a license in the health-care field.

(2) (a) The grant program shall support the expansion of practice-based training by providing grants to organizations, public or nonprofit Colorado medical schools, or ACGME-accredited residency programs that increase clinical practice-based training capacity for health profession students and program participants. The grant program shall give priority to students from the Colorado public institutions of higher education that offer clinical-based training to students. Organizations, medical schools, and residency programs that receive grants may apply grant funding to costs associated with student and program participant experience coordination, clinical instructors or preceptors, or any other reasonable costs directly associated with the expansion of practice-based training for health profession students or participants in the organization, medical school, or residency program.

(b) The primary care office shall consider the ability of the organizations, medical schools, or residency programs applying for a grant to provide financial or in-kind matching support when the office determines grant awardees, but the office shall avoid disadvantaging small, rural, or nonprofit applicants with a high public payer mix or applicants that disproportionately provide uncompensated care.

(3) The primary care office, referred to in this section as the "office", shall administer the grant program.

(4) In the development of the grant program, the office shall conduct a stakeholder engagement process to recommend:

(a) Grant program eligibility criteria;

(b) Standards to measure applicant capacity to expand practice-based training based upon previous years;

(c) A means to evaluate applicant strategies for reaching expected target practice-based training expansion goals;

(d) Ways to promote evidence-based, technology-enhanced clinical learning opportunities in organizations, medical schools, or residency programs awarded a grant. These opportunities must include clinical simulation lab investments in at least one grant award.

(e) Ways to evaluate applicant principles that are aligned with implementing lasting organizational culture change and internal plans that support staff wellness, retention, and training, such as:

(I) Expanded employee assistance or wellness programs;

(II) Commitment to establishing and maintaining staffing committees tasked with operational input and review of workplace practices; and

(III) Strategies for sustaining increased preceptor and practice-based training capacity;

(f) A statement of principles aligned with equity, inclusion, and diversity goals, especially as they relate to health professional workforce training and development; and

(g) Metrics and reporting responsibilities for grantees.

(5) The general assembly shall appropriate twenty million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department to implement the grant program. Any unexpended money remaining at the end of the 2022-23 state fiscal year from this appropriation:

(a) Repealed.

(b) Remains available for expenditure until December 31, 2026, without further appropriation; and

(c) Must not be used for any other purpose other than the purposes set forth in this section.

(6) As used in this section, "preceptor" means a health-care professional who is registered, certified, or licensed, as appropriate, pursuant to title 12 and who assumes the responsibility of teaching, supervising, and evaluating a student seeking a credential in a health-care profession discipline as part of the student's clinical training and education.
C.R.S. § 25-15-308 — CO Code / Title 25 / Article 15 / Part 3 / Section 25-15-308
25-15-308. Prohibited acts - enforcement
Status: in_force

25-15-308. Prohibited acts - enforcement. (1) On or after the date specified in section 25-15-102 (3), no person shall:

(a) Dispose of any hazardous waste off-site at any facility that does not have state or federal interim status, a federal permit, or a permit granted by the department pursuant to section 25-15-303;

(b) Dispose of on-site, treat, or store any hazardous waste without having therefor either state or federal interim status, a federal permit, or a permit granted by the department pursuant to section 25-15-303;

(c) Substantially alter any hazardous waste treatment, storage, or disposal facility or site without first obtaining from the department a modification of an existing permit or a new permit.

(2) (a) Whenever the department finds that any person is or has been in violation of any permit, rule, regulation, or requirement of this part 3, the department may issue an order identifying the factual and legal elements of such violation with particularity and requiring such person to comply with any such permit, rule, regulation, or requirement and may request the attorney general to bring suit for injunctive relief or for penalties pursuant to section 25-15-309 or 25-15-310.

(b) Such orders may contain an administrative penalty assessment as provided in section 25-15-309. Issuance of an administrative order without a penalty assessment shall not preclude the department from subsequently seeking an administrative or civil penalty for the violations detailed in the order. A hearing pursuant to section 24-4-105, C.R.S., shall not be required prior to the issuance of an order pursuant to this section.

(c) Any order issued pursuant to this section shall be served upon the person who is the subject of such order by personal service or by registered mail, return receipt requested. Any such order may be prohibitory or mandatory in effect. Unless provided otherwise in such order, the order shall be effective immediately upon issuance.

(3) (a) Any appeal of an order issued by the department pursuant to this section shall be taken in accordance with the provisions of this section. Notice of appeal shall be filed by personal service or by registered mail, return receipt requested, with the office of administrative courts in the department of personnel, with the executive director of the department or the executive director's designee, and with the commission in the case of an appeal of an administrative law judge's determination concerning an administrative penalty assessment. Notice of appeal shall be filed no later than thirty calendar days after the effective date of the order which is the subject of the appeal.

(b) The filing of an appeal of any order shall stay the obligation to submit payment of any monetary penalty pursuant to such order. Such filing shall not negate the appellant's obligation to otherwise comply with the order. An appellant may seek a stay of any other provision of an order in accordance with this section. The issuance of a stay shall not prevent the department from subsequently imposing a penalty for any subsequent violation by an appellant.

(c) Any person appealing an order may make a motion that the administrative law judge stay the enforcement of such order. The administrative law judge may stay the enforcement of any portion of an order if the administrative law judge determines that the balance of equities favors the moving party. An administrative law judge shall consider the following factors in considering a request for a stay of an order:

(I) The probability of serious harm to the moving party if the motion for a stay is denied;

(II) The probability that no serious harm to the public health or the environment will occur if the motion for a stay is granted;

(III) The merits of the moving party's case on appeal; and

(IV) The public interest.

(d) The stay of any portion of an order shall have no effect on the recipient's obligations under applicable statutes, regulations, permits, and valid, existing orders.

(e) The administrative law judge shall expedite hearing and determinations in regards to a motion for a stay pursuant to this subsection (3). The moving party shall have the burden of proof in any hearing regarding a motion for a stay.

(f) Any hearing held by an administrative law judge pursuant to this section shall be conducted in accordance with section 24-4-105, C.R.S., except as otherwise provided in this section. Except as provided in paragraph (e) of this subsection (3), the department shall bear the burden of proof by a preponderance of the evidence in any hearing before an administrative law judge pursuant to this section.

(g) Upon motion of a party to the appeal, and in the discretion of the administrative law judge, an administrative law judge may request an interpretive rule from the commission pertaining to any rule which is at issue in the appeal 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 administrative law judge may adjust the schedule of the appeal 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 an administrative law judge 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 accept written material, not to exceed fifteen pages in length, that is received 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 appeal.

(h) Except as provided in paragraph (i) of this subsection (3) and notwithstanding the provisions of section 24-4-105 (15), C.R.S., any appeal of the determination of the administrative law judge pursuant to this section or section 25-15-301 (4)(b) shall be taken to the district court in accordance with section 24-4-106, C.R.S.

(i) Questions raised upon appeal of the determination of an administrative law judge as to the amount of penalty assessed by an order issued pursuant to this section shall be heard by the commission based upon the record developed by the administrative law judge. Notwithstanding the provisions of section 24-4-103 (1), C.R.S., in the event that the commission is requested to review the amount of a penalty, notice to the public of such penalty review 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 receipt of such request for review of a penalty.

(4) (a) Any action pursuant to this part 3 shall commence within two years after the date upon which the department discovers an alleged violation of this part 3 or within five years after the date upon which the alleged violation occurred, whichever date occurs earlier; except that such limitation period is tolled during any period that the alleged violation is intentionally concealed. For the purposes of this section, "intentionally" shall have the meaning provided for such term in section 18-1-501 (5), C.R.S.

(b) If any action has not been commenced within the limitation period provided by paragraph (a) of this subsection (4) in connection with any disposal of hazardous waste without either state or federal interim status, a federal permit, or a permit granted by the department pursuant to section 25-15-303, the department, within two years after the date upon which the department discovers such disposal, may issue an order pursuant to this section requiring action to remediate such disposal. The department is not authorized under these circumstances to seek any administrative, civil, or criminal penalties for such disposal of hazardous waste.
C.R.S. § 25-3.5-314 — CO Code / Title 25 / Article 3.5 / Part 3 / Section 25-3.5-314
25-3.5-314. Ambulance service - license required - exceptions - rules - local authorization
Status: in_force

25-3.5-314. Ambulance service - license required - exceptions - rules - local authorization to operate - penalties - liability insurance. (1) State license required. On and after July 1, 2024, and except as provided in subsection (2) of this section, a person shall not operate or maintain an ambulance service without a license issued by the department and without authorization to operate from the local licensing authority for the county or city and county in which the ambulance service operates or seeks to operate.

(2) Exceptions. Subsection (1) of this section does not apply to the following:

(a) The exceptional emergency use of a privately or publicly owned vehicle, including search and rescue unit vehicles or aircraft not ordinarily used in the act of transporting patients;

(b) A vehicle rendering services as an ambulance during a major catastrophe or emergency when ambulances with authorizations to operate in the county or city and county in which the major catastrophe or emergency occurred or is occurring are insufficient to render the ambulance services required;

(c) An ambulance based outside of the state that is transporting a patient into the state;

(d) A vehicle used or designed for the scheduled transportation of convalescent patients, individuals with disabilities, or individuals who would not be expected to require skilled treatment or care while in the vehicle; and

(e) A vehicle used solely for the transportation of an intoxicated person, as defined in section 27-81-102 (11), who is not otherwise disabled or seriously injured and who would not be expected to require skilled treatment or care while in the vehicle.

(3) Issuance of licenses. (a) Beginning July 1, 2024, the department shall issue an initial license to an ambulance service that, as of June 30, 2024, holds a valid license issued by a local jurisdiction.

(b) An applicant for a license shall submit to the department, in the form and manner determined by the board by rule, evidence that the ambulance service that is the subject of the application, its employees, and any contractors that the ambulance service uses as staff are covered by general liability insurance. The board, by rule, shall determine the minimum amount of general liability insurance coverage required, which amount must not be less than the amount calculated in accordance with section 24-10-114 (1)(a) and (1)(b).

(4) Violations - penalties. (a) A person that operates an ambulance service without a license issued pursuant to this part 3 commits a petty offense and shall be punished as provided in section 18-1.3-503 (1.5).

(b) (I) An owner or operator of an ambulance service or other person who violates this part 3 or a rule adopted pursuant to this part 3 or who operates without a valid license is subject to a civil penalty of:

(A) Up to five hundred dollars per violation; or

(B) For each day of a continuing violation, up to five hundred dollars per day.

(II) The department shall assess and collect the civil penalties. Before collecting a civil penalty, the department shall provide the person alleged to have committed the violation with notice and an opportunity to be heard in accordance with article 4 of title 24.

(III) The department shall transmit all civil penalties collected to the state treasurer, who shall credit the money to the general fund.

(5) County or city and county authorization to operate - rules. (a) (I) An ambulance service seeking to operate on a regular basis, as defined by the board by rule, in a county or city and county shall file an intent to operate with the local licensing authority for the county or city and county in which the ambulance service intends to operate on forms provided by the department and containing such information as the department may require.

(II) An ambulance service shall not operate in a county or a city and county unless the ambulance service has obtained authorization to operate from the county or the city and county.

(III) A county or city and county may enact an ordinance or resolution governing the authorization to operate ambulance services within the county or city and county. The ordinance or resolution may:

(A) Limit the number of ambulance services that will be authorized to operate within the county's or city and county's jurisdiction;

(B) Determine and prescribe ambulance service areas within the county's or city and county's jurisdiction;

(C) Authorize the local licensing authority to contract with ambulance services;

(D) Authorize the local licensing authority to enter into memoranda of understanding, contracts, or other such agreements to impose obligations on ambulance services that are more stringent than the obligations imposed under this part 3 and rules adopted pursuant to this part 3; and

(E) Establish other necessary requirements that are consistent with this part 3 or rules adopted pursuant to this part 3.

(b) (I) On and after July 1, 2024, a county or city and county that has not opted out of participating in the issuance of authorizations to operate pursuant to subsection (5)(b)(III) of this section shall not grant an ambulance service authorization to operate in the county or city and county without first verifying that the ambulance service has a valid license issued by the department.

(II) Pursuant to section 25-3.5-317 (2)(a), the department has the sole responsibility to conduct vehicle inspections of ambulance services.

(III) Before July 1, 2024, and before July 1 of any year thereafter, a county or city and county may opt out of participating in the issuance of authorizations to operate an ambulance service within the county or city and county by notifying the department in a form and manner determined by the department. If a county or city and county opts out of participating in the issuance of authorizations to operate an ambulance service, an ambulance service need only obtain a state license to operate in that county or city and county.

(c) Except as provided in subsection (5)(d) of this section, a county or city and county shall not impose standards that are more or less stringent than the minimum standards that the board adopts by rule pursuant to section 25-3.5-315.

(d) Nothing in this part 3 prevents a county or city and county from imposing obligations that exceed the minimum standards that the board adopts by rule pursuant to section 25-3.5-315 through the use of memoranda of understanding, contracts, or other such agreements.

(e) (I) Upon a determination by a local licensing authority that a person has violated or failed to comply with this part 3, rules adopted pursuant to this part 3, or an ordinance, resolution, contract, or other agreement governing the ambulance service's authority to operate within the county or city and county, the local licensing authority may summarily suspend, for a period not to exceed ten days, the authorization to operate issued pursuant to this subsection (5).

(II) A local licensing authority shall provide written notice to the ambulance service of a temporary suspension and shall hold a hearing on the matter no later than ten days after issuance of the temporary suspension. After the hearing, the local licensing authority may suspend or revoke the ambulance service's authorization to operate. At the end of any period of suspension, the person whose authorization to operate was suspended may apply for a new authorization to operate in the county or city and county in the same manner as the person applied for the initial authorization to operate.

(III) If an ambulance service commits a second violation or failure to comply with this part 3, rules adopted pursuant to this part 3, or an ordinance, resolution, contract, or other agreement governing the ambulance service's authority to operate within the county or city and county, the local licensing authority may revoke the ambulance service's authorization to operate in the county or city and county.

(IV) A local licensing authority that suspends or revokes an ambulance service's authorization to operate in the county or city and county shall notify the department of the suspension or revocation within thirty days after issuing the suspension or revocation and provide supporting documentation for the department's review of the possible effect that the suspension or revocation has on the ambulance service's state license.
C.R.S. § 25-11-112 — CO Code / Title 25 / Article 11 / Part 1 / Section 25-11-112
25-11-112. Forfeiture of long-term care warranty - use of funds
Status: in_force

25-11-112. Forfeiture of long-term care warranty - use of funds. (1) A long-term care warranty shall be subject to immediate forfeiture whenever the department determines that any one of the following circumstances exist:

(a) The licensee is in violation of long-term care requirements as specified in the license and the regulations and has failed to cure such violation although the licensee has been given written notice thereof pursuant to section 25-11-107 (5) and has had reasonable time to cure such violation; or

(b) The licensee has failed to provide an acceptable replacement warranty when:

(I) The licensee's financial warrantor no longer has the financial ability to carry out obligations under this article; or

(II) The department has received notice or information that the financial warrantor intends to cancel, terminate, or revoke the warranty; or

(c) The licensee has failed to maintain its financial assurance warranty in good standing as required by section 25-11-110 (6)(a).

(2) (a) A long-term care warranty shall be subject to immediate use and expenditure by the department whenever the department determines that disposal, decommissioning, and decontamination requirements specified in the license conditions and regulations have been satisfied. The department shall give the licensee written notice of the department's intent to use the long-term care warranty for long-term care purposes. The notice shall contain findings of fact and conclusions of law to support its decision and shall direct affected financial warrantors to deliver to the department the full amounts warranted by applicable long-term care warranties within not more than thirty days after the date of the notice.

(b) The licensee may request a hearing on a notice under paragraph (a) of this subsection (2) that shall be conducted in accordance with section 24-4-105, C.R.S. Any request for a hearing under this subsection (2) shall be made within thirty days after the date of the notice and shall not affect the obligation to submit to the department funds from long-term care warranties unless a stay is granted by the department or by administrative or judicial order.

(3) The department may request the attorney general, and the attorney general is authorized, to commence legal proceedings necessary to secure or recover amounts warranted by long-term care warranties. The attorney general shall have the power to collect, foreclose upon, present for payment, take possession of, or dispose of pledged property, and otherwise reduce to cash any financial assurance arrangement required by this article.

(4) (a) Long-term care funds recovered by the department pursuant to this section shall be immediately deposited into the long-term care fund created in section 25-11-113 and shall be used solely for the long-term care for the facility covered by the financial assurance warranty and to cover the department's reasonable attorney and administrative costs associated with long-term care for such facility.

(b) The department or its agent shall have a right to enter property of the licensee to perform long-term care and monitoring. Upon completion of long-term care activities, the department shall present to the licensee a full accounting and shall refund all unspent warranty moneys, including interest.
C.R.S. § 25-7-133.5 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-133.5
25-7-133.5. Approval or rescission of specific revisions to state implementation plan (SIP)
Status: repealed

25-7-133.5. Approval or rescission of specific revisions to state implementation plan (SIP) after 1996. (1) Consistent with the provisions of section 25-7-105.1, to the extent senate bill 96-129 and senate bill 96-236, enacted at the second regular session of the sixtieth general assembly, approved submitting portions of air quality control commission regulation 1, section VI, to the federal environmental protection agency for inclusion in the state implementation plan, such approval is hereby rescinded. The inclusion of said regulation 1 in the Denver metropolitan nonattainment area state implementation plan for particulate matter (PM-10) is not affected by this rescission.

(2) Pursuant to section 25-7-133, the following revisions to the state implementation plan (SIP), which were adopted by the air quality control commission on the dates indicated and received by the legislative council for review, are approved for incorporation into the state implementation plan:

(a) The 1993 periodic emissions inventory update to the Denver metropolitan, Colorado Springs, Longmont, and Fort Collins carbon monoxide nonattainment area elements of the SIP, adopted by the air quality control commission on December 21, 1995;

(b) The emergency episode plan revisions as a part of the Denver PM-10 nonattainment area element of the SIP, adopted by the air quality control commission on January 18, 1996;

(c) Amendments adopted by the air quality control commission on September 19, 1996, to the Greeley carbon monoxide nonattainment area element of the SIP;

(d) Amendments adopted by the air quality control commission on October 17, 1996, to the Cañon City PM-10 nonattainment area element of the SIP;

(e) Amendments adopted by the air quality control commission on October 17, 1996, to the Steamboat Springs PM-10 nonattainment area element of the SIP;

(f) Amendments adopted by the air quality control commission on March 21, 1996, and June 20, 1996, to regulation number 3, concerning air pollution emission notice deferral, insignificant activities, and fugitive emissions;

(g) Amendments adopted by the air quality control commission on June 20, 1996, to regulation number 3, concerning prevention of significant deterioration permits, total suspended particulates, and hydrogen sulfide;

(h) Amendments adopted by the air quality control commission on October 14, 1996, to regulation number 10, concerning general conformity;

(i) Amendments adopted by the air quality control commission on March 21, 1996, to regulation number 11, concerning the inspection and maintenance program;

(j) Repealed.

(k) Amendments adopted by the air quality control commission on October 24, 1996, to regulation number 5, concerning the generic banking emissions/trading rules and conforming revisions to regulation number 3, part 4, section V;

(l) Amendments adopted by the air quality control commission on December 21, 1995, to regulations number 1 and 7, and the common provisions concerning negligibly reactive volatile organic compounds and delisting of acetone;

(m) Amendments adopted by the air quality control commission on December 23, 1996, to regulation number 1, concerning opacity limitations and sulfur dioxide averaging provisions for coal-fired electric utility boilers during periods of startup, shutdown, and upset;

(n) Repealed.

(o) Amendments adopted by the air quality control commission on April 17, 1997, to the motor vehicle emissions inspection program in all carbon monoxide nonattainment areas in the state (Boulder, Colorado Springs, Denver, and Greeley) under the carbon monoxide nonattainment area element of the SIP;

(p) Amendments adopted by the air quality control commission on January 15, 1998, redesignating Colorado Springs as an attainment area for carbon monoxide and adopting a corresponding maintenance plan;

(q) Amendments adopted by the air quality control commission on December 18, 1997, to the Longmont carbon monoxide maintenance plan;

(r) Amendments adopted by the air quality control commission on April 17, 1997, concerning long-term strategy for the element of the SIP relating to visibility in class I areas;

(s) Amendments adopted by the air quality control commission on November 21, 1996, to regulations number 3, 7, and 8 and common provisions, concerning negligibly reactive volatile organic compounds and regulated hazardous air pollutants;

(t) Amendments adopted by the air quality control commission on September 17, 1998, to regulation number 1, section II. D., concerning military smokes and obscurants training exercises;

(u) Amendments adopted by the air quality control commission on October 15, 1998, to regulation number 7, concerning emissions of volatile organic compounds;

(v) Amendments adopted by the air quality control commission on October 15, 1998, to regulation number 10, concerning conformity of federally funded or approved transportation plans with air quality implementation plans;

(w) Amendments adopted by the air quality control commission on November 19, 1998, to regulation number 11, part F (III), concerning the motor vehicle emissions inspection program for the Denver-Boulder area;

(x) Amendments adopted by the air quality control commission on January 16, 1998, to regulation number 12, concerning reduction of diesel vehicle emissions;

(y) Repealed.

(z) Amendments adopted by the air quality control commission on January 16, 1998, to section 1.11.0 of the procedural rules of the air pollution control division;

(aa) Amendments adopted by the air quality control commission on September 17, 1998, concerning ambient air quality standards for suspended particulate matter; and

(bb) (I) The "Colorado Visibility and Regional Haze State Implementation Plan for the Twelve Mandatory Class I Federal Areas in Colorado", adopted by the air quality control commission on January 7, 2011.

(II) The automatic expiration of the rules contained in the plan specified in subparagraph (I) of this paragraph (bb) that were adopted on January 7, 2011, and that are therefore scheduled for expiration on May 15, 2012, is postponed, effective May 15, 2011.

(3) Revisions to the SIP that are adopted solely to conform the SIP to prior actions of the general assembly under section 25-7-133 and this section may be submitted to the federal environmental protection agency for final approval under section 25-7-133 (2.5) without further approval by the general assembly under section 25-7-133 or this section.

(4) If the division and the designated organization for air quality planning in the Colorado Springs area request removal of mandatory control measures that have been adequately demonstrated to be unnecessary to achieve and maintain compliance with the federal ambient air quality standards and request corresponding modifications to the mobile source emission budget, the commission shall adopt such revisions to the carbon monoxide maintenance plan for the Colorado Springs area approved pursuant to paragraph (p) of subsection (2) of this section. Notwithstanding section 25-7-133, such revisions shall be submitted to the federal environmental protection agency for incorporation into the state implementation plan as expeditiously as possible and shall not be subject to further review and approval pursuant to section 25-7-133.

(5) Revisions to the visibility component of the SIP that implement and enforce a control strategy that meets the following requirements may be submitted to the United States environmental protection agency for incorporation into the SIP as expeditiously as possible without further review and approval pursuant to section 25-7-133:

(a) On or before November 1, 2001, one or more sources have entered into a consent decree in which such sources make a judicially enforceable commitment to adopt such control strategy; and

(b) The division determines that such control strategy provides for reasonable progress:

(I) Toward the national visibility goal stated in federal rules set forth at 40 CFR 51, subpart P, and in rules of the division set forth at 5 CCR 1001-5, as said rules provided on January 1, 2001; and

(II) In reducing any present or future impairment of an air-quality-related value.

(6) Notwithstanding the provisions of section 25-7-133, revisions to the Denver metropolitan area element of the PM-10 state implementation plan adopted by the commission on April 19, 2001, are approved for incorporation into the state implementation plan, shall be submitted to the federal environmental protection agency as expeditiously as possible, and shall not be subject to further review and approval pursuant to section 25-7-133.
C.R.S. § 25-8.5-104 — CO Code / Title 25 / Article 8.5 / Section 25-8.5-104
25-8.5-104. Boundaries of authority
Status: in_force

25-8.5-104. Boundaries of authority. (1) The boundaries of the authority shall be determined by the authority, subject to the following:

(a) The boundaries shall be limited to the drainage basin of Cherry Creek from its headwaters to the dam at Cherry Creek reservoir, which the general assembly hereby finds to be:

(I) Arapahoe county: Portions of sections thirty-five and thirty-six, township four south, range sixty-seven west of the sixth principal meridian; a portion of section thirty-one, township four south, range sixty-six west of the sixth principal meridian; portions of sections one, two, three, ten, fifteen, twenty-two, twenty-three, twenty-seven, and thirty-four, and all of sections eleven, twelve, thirteen, fourteen, twenty-four, twenty-five, twenty-six, thirty-five and thirty-six, township five south, range sixty-seven west of the sixth principal meridian; all of sections seven, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six and portions of sections five, six, eight, nine, fourteen, fifteen, sixteen, twenty-three and twenty-four, township five south, range sixty-six west of the sixth principal meridian; all of section thirty-one and portions of sections nineteen, twenty-nine, thirty, and thirty-two, township five south, range sixty-five west of the sixth principal meridian;

(II) Douglas county: Portions of sections four, nine, sixteen, twenty-one, twenty-eight and thirty-three, and all of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-nine, thirty, thirty-one, and thirty-two, township six south, range sixty-five west of the sixth principal meridian; township six south, range sixty-six west of the sixth principal meridian; portions of sections three, ten, fifteen, twenty-one, twenty-two, twenty-eight, thirty-one, thirty-two and thirty-three, and all of sections one, two, eleven, twelve, thirteen, fourteen, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, thirty-four, thirty-five and thirty-six, township six south, range sixty-seven west of the sixth principal meridian; portions of sections four, nine, sixteen, and twenty-one, and all of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three, township seven south, range sixty-five west of the sixth principal meridian; township seven south, range sixty-six west of the sixth principal meridian; portions of sections four, five, nine, fourteen, fifteen, sixteen, twenty-three, twenty-five, twenty-six, and thirty-six, and all of sections one, two, three, ten, eleven, twelve, thirteen, and twenty-four, township seven south, range sixty-seven west of the sixth principal meridian; portions of sections twenty-eight and thirty-three and all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, and thirty-two, township eight south, range sixty-five west of the sixth principal meridian; portions of sections six, seven, eighteen, nineteen, twenty-nine, thirty, and thirty-one, and all of sections one, two, three, four, five, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, township eight south, range sixty-six west of the sixth principal meridian; a portion of section one, township eight south, range sixty-seven west of the sixth principal meridian; all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two and thirty-three, township nine south, range sixty-five west of the sixth principal meridian; all of township nine south, range sixty-six west excepting portions of sections six and seven; portions of sections thirteen, twenty-three, twenty-four, twenty-five, and thirty-six, township nine south, range sixty-seven west of the sixth principal meridian; portions of sections twenty-eight and thirty-three, and all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, and thirty-two, township ten south, range sixty-five west of the sixth principal meridian; portions of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty-nine, thirty, thirty-one, and all of sections one, two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, township ten south, range sixty-six west of the sixth principal meridian; a portion of section one, township ten south range sixty-seven west of the sixth principal meridian.

(b) Lands may be included within the boundaries of the authority pursuant to section 25-8.5-119.

(c) Lands within the boundaries identified in paragraph (a) of this subsection (1) may be excluded from the authority pursuant to section 25-8.5-120.

(2) The authority shall maintain a current map, showing all lands that are included in the authority's boundaries.
C.R.S. § 25-7-1102 — CO Code / Title 25 / Article 7 / Part 11 / Section 25-7-1102
25-7-1102. Definitions
Status: in_force

25-7-1102. Definitions. As used in this part 11, unless the context otherwise requires:

(1) "Abatement" means any measure or set of measures that will contain or permanently eliminate lead-based paint hazards, including:

(a) The removal of lead-based paint and lead-contaminated dust;

(b) The permanent containment of lead-based paint;

(c) The encapsulation of lead-based paint;

(d) The replacement or enclosure of lead-painted surfaces or fixtures;

(e) The removal or covering of lead-contaminated soil; and

(f) All preparation, cleanup, disposal, monitoring, and clearance testing activities associated with the measures described in this subsection (1).

(2) (a) "Child-occupied facility" means a building or portion of a building that:

(I) Was constructed prior to 1978;

(II) Is visited regularly by the same child who is under seven years of age;

(III) Is visited by such child on two or more days within any week, consisting of the period from Sunday through the following Saturday, with each such visit totaling three or more hours; and

(IV) Is visited by such child a total of at least sixty hours in one year.

(b) "Child-occupied facility" includes, but is not limited to, any day-care center, preschool, or kindergarten classroom constructed prior to 1978.

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

(4) "Division" means the air pollution control division in the department of public health and environment.

(5) "Lead-based paint" means any paint containing more than six one-hundredths of one per cent by wet weight of lead metal, more than five-tenths of one percent by dry weight of lead metal, or more than one milligram per square centimeter of lead metal.

(6) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-based paint.

(7) "Target housing" means housing constructed prior to 1978 other than any zero-bedroom dwelling or any housing for the elderly or a person with a disability; except that "target housing" includes housing for the elderly or a person with a disability if a child under seven years of age resides or is expected to reside in the housing.
C.R.S. § 25-1-517 — CO Code / Title 25 / Article 1 / Part 5 / Section 25-1-517
25-1-517. Mode of treatment inconsistent with religious creed or tenet
Status: in_force

25-1-517. Mode of treatment inconsistent with religious creed or tenet. Nothing in this part 5 authorizes a county or district board of health to impose on any person any mode of treatment inconsistent with the creed or tenets of any religious denomination of which he or she is an adherent if the person complies with sanitary and quarantine laws and rules.
C.R.S. § 25-15-506 — CO Code / Title 25 / Article 15 / Part 5 / Section 25-15-506
25-15-506. Certificate
Status: in_force

25-15-506. Certificate. (1) A certificate of designation for a hazardous waste incinerator or processor site shall identify the general types of waste that shall be incinerated or processed and the types of waste that shall be rejected by such hazardous waste incinerator or processor site, subject to a more specific statement of waste to be rejected in the hazardous waste permit issued pursuant to part 3 of this article or the federal act.

(2) Such certificate of designation shall be displayed in a prominent place at the hazardous waste incinerator or processor site.

(3) Such certificate of designation may provide such conditions as may reasonably be necessary for the safe operation of such site. Such conditions may include but are not limited to the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses.

(4) A certificate of designation issued pursuant to this part 5 shall be deemed to satisfy any requirement imposed by part 1 of article 20 of title 30, C.R.S., for a certificate of designation as a solid wastes disposal site and facility.
C.R.S. § 25-1-108 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-108
25-1-108. Powers and duties of state board of health - rules
Status: repealed

25-1-108. Powers and duties of state board of health - rules. (1) In addition to all other powers and duties conferred and imposed upon the state board of health by this part 1, the board has the following specific powers and duties:

(a) To determine general policies to be followed by the division of administration in administering and enforcing the public health laws and the orders, standards, rules, and regulations of the board;

(b) To act in an advisory capacity to the executive director of the department on all matters pertaining to public health;

(c) (I) To issue from time to time such orders, to adopt such rules and regulations, and to establish such standards as the board may deem necessary or proper to carry out the provisions and purposes of this part 1 and to administer and enforce the public health laws of this state;

(II) To adopt rules and standards concerning building regulations for skilled and intermediate health-care facilities. The enforcement of these rules may be waived by the board for periods of time as recommended by the department if the rigid application of the rules would result in demonstrated financial hardship to a skilled or intermediate facility, but only if the waiver will not adversely affect the health and safety of patients.

(III) to (V) Repealed.

(VI) To adopt rules and to establish such standards as the board may deem necessary or proper to assure that hospitals; other acute care facilities; county, district, and municipal public health agencies; and trauma centers are prepared for an emergency epidemic, as defined in section 24-33.5-703 (4), that is declared to be a disaster emergency, including the immediate investigation of any case of a suspected emergency epidemic, the maintenance of an adequate stockpile of personal protective equipment for infection control, and staff proficiency in using the personal protective equipment;

(d) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all matters relating to the exercise and performance of the powers and duties vested in or imposed upon the board. The board may designate an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings for the board, pursuant to section 24-4-105, C.R.S., and to carry out such administrative and other duties of the board as the board may require in the conduct of its hearings.

(e) To establish and appoint, as the board may deem necessary or advisable, special advisory committees to advise and confer with the board concerning the public health aspects of any business, profession, or industry within the state of Colorado. Any committee established and appointed under the provisions of this section shall act only in an advisory capacity to the board and shall meet with the board at least once each year at such regular meeting of the board as may be designated by the board and at such other times as such committee may be called into meeting by the president of the board. Members of any special advisory committee shall serve without compensation but may, in the discretion of the board, be allowed actual and necessary traveling and subsistence expenses when in attendance at meetings away from their places of residence.

(f) to (h) Repealed.

(2) The board shall act only by resolution adopted at a duly called meeting of the board, and no individual member of the board shall exercise individually any administrative authority with respect to the department.

(3) In the exercise of its powers, the department shall not promulgate any rule or standard that limits or interferes with the ability of an individual to enter into a contract with a private pay facility concerning the programs or services provided at the private pay facility. For the purposes of this subsection (3), "private pay facility" means a skilled nursing facility or intermediate care facility subject to the requirements of section 25-1-120 or an assisted living residence licensed pursuant to section 25-27-105 that is not publicly funded or is not certified to provide services that are reimbursed from state or federal assistance funds.

(4) and (5) Repealed.
C.R.S. § 25-3-308 — CO Code / Title 25 / Article 3 / Part 3 / Section 25-3-308
25-3-308. Improvements, operations, or enlargements
Status: in_force

25-3-308. Improvements, operations, or enlargements. In counties exercising the rights conferred by this part 3, the board of county commissioners may appropriate money from its general fund, in addition to the tax for the hospital fund provided for in section 25-3-301, in an amount that the board of county commissioners deems appropriate for the improvement, operation, or enlargement of any public hospital so established.
C.R.S. § 25-16-104.9 — CO Code / Title 25 / Article 16 / Part 1 / Section 25-16-104.9
25-16-104.9. Hazardous substance site response fund - creation - transfer - use - definition
Status: repealed

25-16-104.9. Hazardous substance site response fund - creation - transfer - use - definition - repeal. (1) As used in this section, "fund" means the hazardous substance site response fund created in subsection (2) of this section.

(2) (a) The hazardous substance site response fund is created in the state treasury. The fund consists of any money transferred pursuant to section 24-75-220 (4)(a)(III.5). The general assembly may appropriate money in the fund to the department for the purposes specified in section 25-16-104.

(b) Repealed.

(3) Any moneys in the fund not expended may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund are credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and may not be credited or transferred to the general fund or any other fund.

(4) (a) (I) On May 1, 2024, the state treasurer shall transfer to the hazardous substance response fund created in section 25-16-104.6 four million dollars from the hazardous substance site response fund.

(II) This subsection (4)(a) is repealed, effective July 1, 2025.

(b) (I) On May 1, 2025, the state treasurer shall transfer to the hazardous substance response fund created in section 25-16-104.6 the unexpended and unencumbered money in the hazardous substance site response fund.

(II) This subsection (4)(b) is repealed, effective July 1, 2026.
C.R.S. § 25-5-413 — CO Code / Title 25 / Article 5 / Part 4 / Section 25-5-413
25-5-413. Limit of adulteration - rule or regulation
Status: in_force

25-5-413. Limit of adulteration - rule or regulation. (1) Any added poisonous or deleterious substance, food additive, pesticide chemical in or on a raw agricultural commodity, or color additive, with respect to any particular use or intended use, shall be deemed unsafe for the purpose of application of section 25-5-410 (1)(b) with respect to any food, section 25-5-414 (1)(a) to (1)(f) with respect to any drug or device, or section 25-5-416 (1)(a) with respect to any cosmetic, unless there is in effect a regulation pursuant to section 25-5-419 or subsection (2) of this section limiting the quantity of such substance and the use or intended use of such substance is within the limits prescribed by such regulation. While such a regulation relating to such substance is in effect, a food, drug, or cosmetic, by reason of bearing or containing such substance in accordance with the regulations, shall not be considered adulterated within the meaning of section 25-5-410 (1)(b), 25-5-414 (1)(a) to (1)(f), or 25-5-416 (1)(a).

(2) The department, whenever public health or other considerations so require, is authorized to adopt, amend, or repeal regulations upon its own motion or upon the petition of any interested party, whether or not in accordance with regulations promulgated under the federal act. Such regulations may prescribe tolerances for any added poisonous or deleterious substances, food additives, pesticide chemicals in or on raw agricultural commodities, or color additives, including but not limited to zero tolerances. The department may prescribe exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities. The department may also promulgate regulations prescribing the conditions under which a food additive or a color additive may be safely used and exemptions if such food additive or color additive is to be used solely for investigational or experimental purposes. It shall be incumbent upon any petitioner to establish that a necessity exists for such regulation and that its effect will not be detrimental to the public health. If the data furnished by the petitioner are not sufficient to allow the department to determine whether such regulation should be promulgated, the department may require additional data to be submitted, and failure to comply with the request shall be sufficient grounds for denial of the request. In adopting, amending, or repealing regulations under this section, the department shall consider, among other relevant factors, the following, which the petitioner, if any, shall furnish:

(a) The name and all pertinent information concerning such substance, including, where available, its chemical identity and composition; a statement of the conditions of the proposed use, including directions, recommendations, suggestions, and specimens of proposed labeling; all relevant data bearing on the physical or other technical effects; and the quantity required to produce such effect;

(b) The probable composition of any substance formed in or on a food, drug, or cosmetic resulting from the use of such substance;

(c) The probable consumption of such substance in the diet of man and animals taking into account any chemically or pharmacologically related substance in such diet;

(d) Safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data;

(e) The availability of any needed practicable methods of analysis for determining the identity and quantity of:

(I) Such substance in or on an article;

(II) Any substance formed in or on such article because of the use of such substance; and

(III) The pure substance and all intermediates and impurities;

(f) Facts supporting a contention that the proposed use of such substance will serve a useful purpose.
C.R.S. § 25-26-102 — CO Code / Title 25 / Article 26 / Section 25-26-102
25-26-102. Legislative declaration
Status: in_force

25-26-102. Legislative declaration. The general assembly declares it to be in the interests of public health, safety, and welfare to protect the people of this state from the danger of uncertainty and confusion as to the responsibility for, and the rendering of, professional health care. The general assembly further declares that multiphasic health screening units provide to people certain health testing services which do not include diagnosis or treatment. Unless persons are aware of the nature and extent of such services, a false and injurious sense of security relating to personal health may result. Therefore, the general assembly finds that the protection of the public requires that multiphasic health screening units comply with certain minimum standards and practices.
C.R.S. § 25-3.5-501 — CO Code / Title 25 / Article 3.5 / Part 5 / Section 25-3.5-501
25-3.5-501. Records - ambulance services to report - access to patient information
Status: in_force

25-3.5-501. Records - ambulance services to report - access to patient information. (1) Each ambulance service shall prepare and transmit copies of uniform and standardized records, as specified by regulation adopted by the department, concerning the transportation and treatment of patients in order to evaluate the performance of the emergency medical services system and to plan systematically for improvements in said system at all levels.

(2) The record forms adopted by the department may distinguish between rural ambulance service and urban ambulance service and between mobile intensive care units and basic ambulance service.

(3) The department shall make individualized patient information from its EMS agency patient care database available to health information organization networks for uses allowed under the federal "Health Insurance Portability and Accountability Act of 1996", as amended, Pub.L. 104-191. The department shall contract with health information organization networks regarding accessing patient information and limiting the use of information to purposes allowed under the "Health Insurance Portability and Accountability Act of 1996", as amended.
C.R.S. § 25-29-110 — CO Code / Title 25 / Article 29 / Section 25-29-110
25-29-110. Meetings of board of directors
Status: in_force

25-29-110. Meetings of board of directors. (1) All meetings of the board of directors of the authority shall be subject to the provisions of section 24-6-402, C.R.S. No business of the board of directors shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total membership of the board is present. Any action of the board shall require the affirmative vote of a majority of the total membership of the board.

(2) The board may elect to hold an executive session for the consideration of any documents or data protected from disclosure pursuant to section 25-29-109.
C.R.S. § 25-27-102 — CO Code / Title 25 / Article 27 / Section 25-27-102
25-27-102. Definitions
Status: repealed

25-27-102. Definitions. As used in this article 27, unless the context otherwise requires:

(1) Repealed.

(1.3) "Assisted living residence" or "residence" means a residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly through an agreement with the resident, room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty-four-hour basis, but not to the extent that regular twenty-four-hour medical or nursing care is required. The term "assisted living residence" does not include any facility licensed in this state as a residential care facility for individuals with developmental disabilities, or any individual residential support services that are excluded from licensure requirements pursuant to rules adopted by the department of public health and environment.

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

(2.5) [Editor's note: Subsection (2.5) is effective January 1, 2025.] "Direct care worker" means an employee who provides hands-on care, services, and support to residents of an assisted living residence.

(2.7) [Editor's note: Subsection (2.7) is effective January 1, 2025.] "Fit test" means a test protocol conducted to verify that a respirator or mask is both comfortable and provides the wearer with the expected protection.

(3) to (5) Repealed.

(6) "Local board of health" means any county, district, or municipal board of health.

(6.5) "Local ombudsman" has the same meaning as set forth in section 26-11.5-103 (2).

(7) Repealed.

(8) (Deleted by amendment, L. 2002, p. 1317, § 2, effective July 1, 2002.)

(9) "Personal services" means those services that the operator and employees of an assisted living residence provide for each resident, including, but not limited to:

(a) An environment that is sanitary and safe from physical harm;

(b) Individualized social supervision;

(c) Assistance with transportation; and

(d) Assistance with activities of daily living, including but not limited to bathing, dressing, and eating.

(9.3) [Editor's note: Subsection (9.3) is effective January 1, 2025.] "Portable test" means the following tests for which, when successfully completed by an individual, the individual is provided a certification of completion that may be transferred from one assisted living residence to another in accordance with this section:

(a) A fit test; and

(b) A tuberculosis test.

(9.5) [Editor's note: Subsection (9.5) is effective January 1, 2025.] "Portable training" means the following training for which, when successfully completed by an individual, the individual is provided a certification of completion that may be transferred from one assisted living residence to another in accordance with this section:

(a) Hand hygiene and infection control;

(b) Basic first aid;

(c) Resident rights;

(d) Person-centered care;

(e) Fall prevention;

(f) Lift assistance; and

(g) Food safety.

(10) "Protective oversight" means guidance of a resident as required by the needs of the resident or as reasonably requested by the resident, including the following:

(a) Being aware of a resident's general whereabouts, although the resident may travel independently in the community; and

(b) Monitoring the activities of the resident while on the premises to ensure the resident's health, safety, and well-being, including monitoring the resident's needs and ensuring that the resident receives the services and care necessary to protect the resident's health, safety, and well-being.

(10.5) [Editor's note: Subsection (10.5) is effective January 1, 2025.] "Qualified medication administration personnel" means an individual who has passed a competency evaluation administered by an approved training entity on or after July 1, 2017, and whose name appears on the department's list of individuals who have passed the requisite competency evaluation.

(11) "State board" means the state board of health.

(12) "State long-term care ombudsman" has the same meaning as set forth in section 26-11.5-103 (7).
C.R.S. § 25-8-607 — CO Code / Title 25 / Article 8 / Part 6 / Section 25-8-607
25-8-607. Restraining orders and injunctions
Status: in_force

25-8-607. Restraining orders and injunctions. (1) The division may request the district attorney for the judicial district with jurisdiction pursuant to subsection (2) of this section or the attorney general to bring, and if so requested it shall be the duty of such district attorney or the attorney general to bring, a suit for a temporary restraining order, preliminary injunction, or permanent injunction to prevent any threatened violation of this article or any order, permit, or control regulation issued or promulgated pursuant to this article which violation poses imminent and substantial endangerment to the beneficial uses of state waters and which cannot be timely prevented by a permit modification or permit enforcement action, or any continued violation of this article, or any order, permit, or control regulation issued or promulgated pursuant to this article. In any suit for a violation of an order, the final findings of the division, after opportunity for a hearing, based upon evidence in the record, shall be prima facie evidence of the facts found in such record.

(2) Suits under this section shall be brought in the district or county court for the district or county in which the violation or threatened violation occurs. Emergencies shall be given precedence over all other matters pending in such court. The institution of such injunction proceeding by the division shall confer upon such court exclusive jurisdiction to determine finally the subject matter of the proceeding; except that the exclusive jurisdiction of the court shall apply only to such injunctive proceeding and shall not preclude assessment of civil penalties or any other enforcement action or sanction authorized by this article.
C.R.S. § 25-18.5-106 — CO Code / Title 25 / Article 18.5 / Section 25-18.5-106
25-18.5-106. Powers and duties of department
Status: in_force

25-18.5-106. Powers and duties of department. (1) The department shall implement, coordinate, and oversee the rules promulgated by the board in accordance with this article, including:

(a) The certification of persons involved in the assessment, decontamination, or sampling of illegal drug laboratories;

(b) The approval of persons to train consultants and contractors in the assessment, decontamination, or sampling of illegal drug laboratories.

(2) On and after January 1, 2024, the department shall create and make available to the public an online database of any residential real property, as defined in section 38-35.7-103 (5), that has been used as an illegal drug laboratory involving methamphetamine. The department shall remove a residential real property from the database five years after the later date on the certificates of compliance issued by a contractor and a consultant in accordance with section 25-18.5-102 (1)(e). Each residential real property on the database must contain a field that is made available to the public and that records whether the property has a certificate of compliance issued pursuant to section 25-18.5-102 (1)(e).
C.R.S. § 25-7-1002 — CO Code / Title 25 / Article 7 / Part 10 / Section 25-7-1002
25-7-1002. Air quality related values program
Status: in_force

25-7-1002. Air quality related values program. (1) In addition to maintaining a program that complies with the requirements of the federal act for prevention and remediation of significant deterioration of visibility in class I federal areas, the commission, in consultation with the general assembly, the governor, and affected federal, state, and local governmental entities, shall maintain a state-retained authority program in conformance with section 25-7-105.1 for nonvisibility air quality related values, referred to in this part 10 as the "program".

(2) The commission shall develop a program under which, except for grant funds secured from other sources, the federal government undertakes the responsibility for the funding of air quality related value baseline data collection and the verification studies needed to substantiate an assertion of significant impairment, and the commission is encouraged to conduct the activities specified in this part 10 in coordination with interested state and local governmental entities and affected citizens and businesses.
C.R.S. § 25-5-1101 — CO Code / Title 25 / Article 5 / Part 11 / Section 25-5-1101
25-5-1101. Legislative declaration
Status: in_force

25-5-1101. Legislative declaration. (1) (a) The general assembly hereby declares that this part 11 is enacted for the purpose of reducing exposure of children to lead hazards and reducing the prevalence of elevated blood lead levels in children under seven years of age. The general assembly finds and determines that:

(I) Exposure of children to lead represents a significant environmental health problem in the state that is preventable;

(II) The existence of elevated blood lead levels in children is of great concern to the citizens of Colorado because lead poisoning in children may necessitate large expenditures of public funds for health care and special education, which expenditures could be avoided if exposure of children to lead is reduced;

(III) A comprehensive lead hazard reduction program is needed to prevent elevated blood lead levels in children and, if implemented, such program could prevent hundreds of Colorado's children, many of whom currently go undiagnosed or untreated, from being exposed to lead at levels believed to be harmful.

(b) Therefore, it is the intent of the general assembly to establish and fund a statewide lead hazard prevention, intervention, and reduction program within the department of public health and environment for the purposes of:

(I) Compiling information concerning the prevalence, causes, and geographic occurrence of elevated levels of lead in children's blood;

(II) Identifying areas of the state where children's lead exposures are significant;

(III) Analyzing lead information and, where indicated, designing and implementing a program of medical monitoring and follow-up and environmental intervention that will reduce the incidence of excessive exposure of children to lead in residences and child-occupied facilities in Colorado; and

(IV) Providing comprehensive educational materials that are targeted to health-care providers, child care providers, schools, parents of young children, the real estate industry, and owners of rental properties.
C.R.S. § 25-7-115 — CO Code / Title 25 / Article 7 / Part 1 / Section 25-7-115
25-7-115. Enforcement - civil actions - definitions - reporting - repeal
Status: repealed

25-7-115. Enforcement - civil actions - definitions - reporting - repeal. (1) (a) The division shall enforce compliance with the emission control regulations of the commission, the requirements of the state implementation plan, and the provisions of parts 1 to 4 and part 11 of this article, including terms and conditions of any permit required pursuant to this article.

(b) The division shall enforce the provisions of part 5 of this article pursuant to sections 25-7-112, 25-7-113, and 25-7-511.

(2) (a) If a written complaint is filed with the division alleging that, or if the division itself has cause to believe that, any person is violating or failing to comply with any rule of the commission issued pursuant to parts 1 to 4 of this article 7, order issued pursuant to section 25-7-118, requirement of the state implementation plan, or provision of parts 1 to 4 of this article 7, including any term or condition of a permit required pursuant to this article 7, the division shall cause a prompt and diligent investigation to be made unless:

(I) The complaint clearly appears on its face to be frivolous, falsified, or trivial; or

(II) The complainant withdraws the complaint within the time allotted for the complaint to be investigated.

(b) Within thirty days after receipt of a complaint filed pursuant to subsection (2)(a) of this section, the division shall respond to a complainant to outline the steps of the complaint investigation.

(c) (I) If the division investigation determines that any violation or failure to comply exists, the division shall act expeditiously and within the period prescribed by law to formally notify the owner or operator of the air pollution source after the discovery of the alleged violation or noncompliance. The notice must specify the provision alleged to have been violated or not complied with and the facts alleged to constitute the violation or noncompliance.

(II) If the division is acting in response to a complaint, the division shall notify the complainant that an investigation has commenced at the time that the division provides notice to the owner or operator of the air pollution source pursuant to subsection (2)(c)(I) of this section.

(d) The division shall accept and consider all relevant evidence it receives or acquires in investigating and determining whether a violation or noncompliance occurred, including audio, video, and testimonial evidence, unless the evidence is, on its face, falsified.

(3) (a) Within thirty calendar days after notice has been given, the division shall confer with the owner or operator of the source to determine whether a violation or noncompliance did or did not occur and, if such violation or noncompliance occurred, whether a noncompliance penalty must be assessed under subsection (5) of this section. The division shall provide an opportunity to the owner or operator at such conference, and may provide further opportunity thereafter, to submit data, views, and arguments concerning the alleged violation or noncompliance or the assessment of any noncompliance penalty.

(b) (I) If, after the conference pursuant to subsection (3)(a) of this section, the division determines that a violation or noncompliance has occurred, the division shall issue an order requiring the owner or operator or any other responsible person to comply.

(II) If a complaint is filed pursuant to subsection (2)(a) of this section alleging the violation or noncompliance, the division shall send the order to the complainant.

(III) The order issued in accordance with subsection (3)(b)(I) of this section may:

(A) Include the termination, alteration, or revocation and reissuance of the subject permit;

(B) Include the assessment of civil penalties in accordance with section 25-7-122 and subsection (3)(b)(IV) of this section;

(C) In addition to civil penalties, include a requirement to perform one or more projects to mitigate violations related to excess emissions;

(C.5) In addition to civil penalties, include a requirement to perform one or more projects to reduce the potential for a recurrence of a violation for which the division commenced enforcement pursuant to subsection (2)(c)(I) of this section; and

(D) Require the calculation of a noncompliance penalty under subsection (5) of this section.

(IV) In determining the amount to assess for a civil penalty for a violation or noncompliance, the division shall:

(A) Consider the factors described in section 25-7-122 (2)(a); and

(B) Not assess a penalty for a violation or noncompliance that is less than the economic benefit that the owner or operator derived from the violation or noncompliance.

(V) Unless enforcement of its order has been stayed as provided in subsection (4)(b) of this section, the division may seek enforcement, in the district court for the district where the affected air pollution source is located, of:

(A) Pursuant to section 25-7-121 or 25-7-122, an applicable rule of the commission;

(B) An order issued pursuant to section 25-7-121 or 25-7-122 or the applicable rule of the commission;

(C) An order issued pursuant to section 25-7-118;

(D) A requirement of the state implementation plan;

(E) A provision of this article 7; or

(F) The terms or conditions of a permit required pursuant to this article 7.

(VI) The court shall issue an appropriate order, which may include a schedule for compliance by the owner or operator of the source.

(c) The order for compliance shall set forth with specificity the final determination of the division regarding the nature and extent of the violation or noncompliance by the named persons and facilities and shall also include, by reference, a summary of the proceedings at the conference held after the notice of violation and an evaluation of the evidence considered by the division in reaching its final determinations. Any order issued under this subsection (3) which is not reviewed by the commission in accordance with the provisions of subsection (4) of this section shall become final agency action.

(4) (a) (I) Within twenty calendar days after receipt of an order issued pursuant to subsection (3) of this section, the recipient thereof may file with the commission a written petition requesting a hearing to determine all or any of the following:

(A) Whether the alleged violation or noncompliance exists or did exist;

(B) Whether a revision of the state implementation plan or revision of a regulation or standard which is not part of the state implementation plan should be implemented with respect to such violation or noncompliance;

(C) Whether the owner or operator is subject to civil or noncompliance penalties under subsection (5) of this section.

(II) Such hearing shall allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.

(III) If a hearing is requested pursuant to subsection (4)(a)(I) of this section, the commission shall provide at least forty-five days' notice to any complainant that filed a complaint pursuant to subsection (2)(a) of this section alleging a violation or noncompliance at issue in the hearing. The complainant may participate as a party to the hearing.

(b) Except with respect to actions taken pursuant to section 25-7-112 or 25-7-113, upon the filing of such petition, the order and the provisions of the state implementation plan which relate to the alleged violation or noncompliance shall be stayed pending determination of the petition by the commission. Any stay pursuant to this paragraph (b) shall be effective only as to the specific source covered by the order and such petition.

(5) (a) (I) Any order issued pursuant to subsection (3) of this section which pertains to an alleged violation described in section 120(a)(2)(A) of the federal act shall also require each person who is subject to such order, within forty-five calendar days after the issuance of such order, to calculate the penalty owed in accordance with paragraph (b) of this subsection (5) and submit the calculation, together with a payment schedule and all information necessary for an independent verification thereof, to the division. If the order has been stayed pursuant to subsection (4) of this section, the penalty calculation shall be submitted by the owner or operator to the division within forty-five calendar days after issuance of a final determination of the commission that:

(A) A violation or noncompliance occurred;

(B) If a revision to the state implementation plan has been requested, all or part of such request should be denied; except that, if only part of such request is denied, the penalty calculation shall not be submitted for any aspect of the violation or noncompliance which is excused by reason of approval of a requested revision of the state implementation plan;

(C) The violation is one described in section 120(a)(2)(A) of the federal act; and

(D) If an exemption pursuant to subsection (7) of this section has been claimed, the owner or operator is not entitled thereto.

(II) The division shall review the penalty calculation and schedule submitted pursuant to subparagraph (I) of this paragraph (a) and shall issue an order assessing the noncompliance penalty and providing a payment schedule therefor.

(b) (I) The amount of the penalty which shall be assessed under this subsection (5) shall be equal to:

(A) The amount, determined in accordance with section 120 of the federal act and rules and regulations promulgated under said act by the United States environmental protection agency, which shall be no less than the sum of the quarterly equivalent of the capital costs of compliance and debt service over a normal amortization period of not longer than ten years, operation and maintenance costs foregone as a result of noncompliance, and any additional value which a delay in compliance beyond July 1, 1979, may have for the owner or operator of such stationary source; less

(B) The amount of any expenditure made by the owner or operator of such stationary source during any such quarter for the purpose of bringing the source into, and maintaining compliance with, such requirement to the extent that such expenditure has not been taken into account in the calculation of the penalty under sub-subparagraph (A) of this subparagraph (I).

(II) To the extent that any expenditure under sub-subparagraph (B) of subparagraph (I) of this paragraph (b) made during any quarter is not subtracted for such quarter from the costs under sub-subparagraph (A) of subparagraph (I) of this paragraph (b), such expenditure may be subtracted for any subsequent quarter from such costs; except that in no event shall the amount paid be less than the quarterly payment minus the amount attributed to the actual cost of construction.

(c) Any penalty assessed pursuant to subsections (5) to (11) of this section shall be paid in equal quarterly installments (except as provided in sub-subparagraph (B) of subparagraph (I) of paragraph (b) of this subsection (5)) for the period which begins either August 7, 1979, if notice pursuant to subsection (2) of this section is issued on or before such date or which begins on the date of issuance of notice pursuant to subsection (2) of this section if such notice is issued after August 7, 1979, and which period ends on the date on which such stationary source is estimated to come into compliance.

(d) Any person who fails to pay the amount of any penalty with respect to any stationary source under this subsection (5) on a timely basis shall be required to pay, in addition, a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to twenty percent of the aggregate amount of such person's penalties and nonpayment penalties with respect to such stationary source which are unpaid as of the beginning of such quarter.

(6) Within twenty calendar days after issuance of an order under subparagraph (II) of paragraph (a) of subsection (5) of this section, the owner or operator may file with the commission a written petition requesting a hearing to review such order. Within sixty calendar days after the filing of such petition, the commission shall hold a hearing and issue a decision thereon.

(7) (a) The owner or operator of any stationary source shall be exempt from the duty to pay a noncompliance penalty pursuant to this section if after notice the owner or operator demonstrates at a hearing that the failure of such stationary source to comply is due solely to:

(I) The conversion by such stationary source from the burning of petroleum products or natural gas, or both, as the primary energy source to the burning of coal pursuant to an order under section 119 of the federal act;

(II) In the case of a coal-burning source granted an extension under section 119 of the federal act, a prohibition from using petroleum products or natural gas, or both, by reason of an order under the provisions of section 2 (a) and (b) of the federal "Energy Supply and Environmental Coordination Act of 1974" or under any legislation which amends or supersedes those provisions;

(III) The use of innovative technology sanctioned by an enforcement order under section 113 (d)(4) of the federal act;

(IV) An inability to comply with such requirements for which the stationary source has received an order pursuant to section 25-7-118, which inability results from reasons entirely beyond the control of the owner or operator of such stationary source or of any entity controlling, controlled by, or under common control with the owner or operator of such stationary source; or

(V) The conditions by reason of which a temporary emergency suspension is authorized under section 110 (f) or (g) of the federal act;

(b) The division may, after notice and opportunity for a public hearing, exempt the owner or operator of any stationary source from the duty to pay a noncompliance penalty pursuant to this section with respect to a particular instance of noncompliance if it finds that the instance of noncompliance is inconsequential in nature and duration. If a public hearing is requested by an interested person, the request must be transmitted to the commission within twenty calendar days after its receipt by the division. The commission shall, within sixty calendar days after its receipt of the request, hold a public hearing, and within thirty calendar days after the hearing, issue its decision.

(c) An exemption under this subsection (7) shall cease to be effective if the stationary source fails to comply with the interim emission control requirements or schedules of compliance, including increments of progress, under any such extension, order, or suspension.

(8) If the owner or operator of a stationary source who receives an order pursuant to subsection (5) of this section fails to submit a calculation of the penalty, a schedule for payment, and the information necessary for an independent verification thereof, the division may enter into a contract with a person who has no financial interest in the ownership or operation of the stationary source or in any person controlling, controlled by, or under common control with such stationary source to assist in determining the penalty assessment or payment schedule with respect to such stationary source. The cost of such contract may be added to the penalty to be assessed against the owner or operator of such stationary source.

(9) (a) The division or the commission may adjust the amount of the penalty assessment or the payment schedule proposed by the owner or operator if the administrator of the United States environmental protection agency determines that the penalty or schedule does not meet the requirements of the federal act.

(b) Upon making a determination that a stationary source which is subject to a penalty assessment pursuant to this section is in compliance, the division shall review the actual expenditures made by the owner or operator of such stationary source for the purpose of attaining and maintaining compliance and, within one hundred eighty days after such stationary source comes into compliance, shall either provide reimbursement with interest at appropriate prevailing rates for any overpayment by such person or assess and collect any additional payment with interest at prevailing rates for any underpayment by such person.

(10) Any orders, payments, sanctions, or other requirements under this section shall be in addition to any other orders, payments, sanctions, or other requirements of this article.

(11) The division or the commission may request the district attorney for the district in which the alleged violation or noncompliance, or any part thereof, occurred or may request the attorney general to bring, and if so requested it is his or her duty to bring, a suit for recovery of any penalty or nonpayment penalty, with interest, imposed pursuant to subsection (5) of this section if the penalty is not paid when due.

(12) (a) (I) On or before December 31, 2024, the division shall prepare an air quality enforcement benchmark report and post the report on the division's website. The report must cover the federal fiscal years from October 1, 2019, through September 30, 2023, and include the following statewide information:

(A) The total number of enforcement actions that the division commenced pursuant to subsection (2)(c)(I) of this section;

(B) The total number of decisions not to impose a penalty for an enforcement action that the division commenced pursuant to subsection (2)(c)(I) of this section;

(C) The total number of enforcement actions that the division resolved pursuant to subsection (3)(b) of this section; and

(D) With respect to civil penalties assessed pursuant to section 25-7-122 (1)(b), the total amount of civil penalties, the average civil penalty, the median civil penalty, the highest civil penalty, and the lowest civil penalty.

(II) This subsection (12)(a) is repealed, effective July 1, 2025.

(b) On or before April 1, 2025, and on or before February 1 of each year thereafter, the division shall prepare an air quality enforcement report and post the report on the division's website. The first report must cover the federal fiscal year starting October 1, 2023, through September 30, 2024, and each subsequent report must cover the federal fiscal year period of October 1 through September 30 preceding the issuance of the report. The reports prepared pursuant to this subsection (12)(b) must include the following statewide information:

(I) The total number of enforcement actions that the division commenced pursuant to subsection (2)(c)(I) of this section;

(II) The number of complaints received pursuant to subsection (2)(a) of this section that resulted in an enforcement action that the division commenced under subsection (2)(c)(I) of this section and the identifying case number;

(III) The total number of decisions not to impose a penalty for an enforcement action that the division commenced pursuant to subsection (2)(c)(I) of this section;

(IV) The total number of formal enforcement actions that the division resolved pursuant to subsection (3)(b) of this section and the total number of actions that included violations within areas of concern, such as:

(A) The area that the United States environmental protection agency has designated an ozone nonattainment area; and

(B) An area that is in a disproportionately impacted community; and

(V) With respect to civil penalties assessed pursuant to section 25-7-122 (1)(b), the total amount of civil penalties, the average civil penalty, the median civil penalty, the highest civil penalty, the lowest civil penalty, and the total amount of civil penalties assessed for each action that includes violations in areas of concern, such as:

(A) The area that the United States environmental protection agency has designated an ozone nonattainment area; and

(B) An area that is in a disproportionately impacted community.

(13) The division shall implement an air quality enforcement e-mail mailing group or a similar communication function to share enforcement-related updates with interested parties that opt in to the e-mail mailing group or similar communication function. The division may share information through the e-mail mailing group or similar communication function that includes:

(a) A notice of violation or noncompliance sent pursuant to subsection (2)(c)(I) of this section;

(b) A settlement or other order issued pursuant to subsection (3)(b) of this section to resolve a case; and

(c) A link to the annual air quality enforcement benchmark report that the division prepares pursuant to subsection (12) of this section.
C.R.S. § 25-3-315 — CO Code / Title 25 / Article 3 / Part 3 / Section 25-3-315
25-3-315. Records of hospital
Status: in_force

25-3-315. Records of hospital. For purposes of part 2 of article 72 of title 24, C.R.S., the records of any hospital established pursuant to this part 3 shall continue to be public records, as defined in section 24-72-202 (6), C.R.S., regardless of whether such hospital is designated as an enterprise pursuant to section 25-3-304 (3).
C.R.S. § 25-25-111 — CO Code / Title 25 / Article 25 / Section 25-25-111
25-25-111. Negotiability of bonds
Status: in_force

25-25-111. Negotiability of bonds. All bonds and the interest coupons applicable thereto are hereby declared and shall be construed to be negotiable instruments.
C.R.S. § 25-3-130 — CO Code / Title 25 / Article 3 / Part 1 / Section 25-3-130
25-3-130. Intimate examination of sedated or unconscious patient - informed consent requir
Status: in_force

25-3-130. Intimate examination of sedated or unconscious patient - informed consent required - rules - definitions. (1) (a) (I) Except as provided in subsection (1)(b) of this section, a health-care facility shall not permit a licensed health-care provider, or a student or trainee under the supervision of a licensed health-care provider, to perform an intimate examination of a sedated or unconscious patient at the health-care facility unless the patient has provided specific informed consent to the examination in accordance with subsection (2) of this section.

(II) In addition to the requirement to obtain a patient's specific informed consent, a health-care facility may allow a student or trainee to perform an intimate examination of a sedated or unconscious patient for educational or training purposes only if:

(A) The examination is related to the planned procedure to be performed on the patient at the health-care facility;

(B) The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and

(C) The student or trainee is under the direct supervision of the licensed health-care provider responsible for supervising the student or trainee.

(b) The requirements of subsection (1)(a) of this section do not limit the ability of a health-care facility to allow:

(I) A licensed health-care provider to perform an intimate examination of a patient who is sedated or unconscious without obtaining the patient's specific informed consent in emergency situations when the intimate examination is medically necessary for the life or well-being of the patient, but the licensed health-care provider must make a record of performing the examination without obtaining the patient's specific informed consent, including an explanation of the reason for not obtaining the patient's consent, and the record must be provided to the patient prior to discharge; or

(II) A licensed health-care provider who has obtained the patient's consent to provide health care that includes an intimate examination to perform the intimate examination if the licensed health-care provider has informed the patient of the intimate examination in the course of obtaining the patient's consent to the health care.

(2) To obtain specific informed consent to perform an intimate examination on a sedated or unconscious patient, a health-care facility shall, during a preoperative appointment before the procedure at which the examination will be performed or, in the absence of a preoperative appointment, as soon as possible before the intimate examination occurs:

(a) Provide a written or electronic document to the patient, separate from any other notice or agreement, that:

(I) Includes the following heading at the top of the document, in no smaller than eighteen-point, bold-faced type: "CONSENT FOR EXAMINATION OF BREASTS, PELVIC REGION, RECTUM, AND/OR PROSTATE";

(II) Specifies the nature and purpose of the intimate examination;

(III) Names one or more licensed health-care providers whom the patient may authorize to perform the intimate examination;

(IV) States whether there may be one or more students or trainees whom the patient may authorize to perform an intimate examination for educational or training purposes or to observe or otherwise be present at the examination, either in person or through electronic means, and identifies the students or trainees by name; and

(V) Provides the patient the ability to consent to or decline the following:

(A) An intimate examination for diagnosis or treatment, to be performed by a licensed health-care provider;

(B) An intimate examination for educational or training purposes, to be performed by a licensed health-care provider; and

(C) One or more, but no more than three, additional intimate examinations for educational or training purposes, to be performed by up to three different students or trainees;

(b) Obtain the signature of the patient on the written or electronic document; and

(c) Sign the written or electronic document.

(3) (a) For purposes of complying with subsection (2) of this section, a health-care facility may:

(I) Develop and use its own written or electronic document, so long as the document satisfies the requirements of subsection (2) of this section; or

(II) Use a written or electronic document developed by the department for use by health-care facilities and licensed health-care providers, so long as the document satisfies the requirements of subsection (2) of this section.

(b) If the department develops a written or electronic document for use by health-care facilities, the department shall develop a single, consistent document for use by all health-care facilities and all licensed health-care providers, regardless of practice area, that complies with the requirements of subsection (2) of this section.

(c) The health-care facility shall make the completed, signed specific informed consent document available to the patient.

(4) (a) (I) If a health-care facility violates this section, or retaliates against an individual, including a whistleblower, for filing a complaint regarding a violation of this section with the department or a regulator or for otherwise complaining to any other person, the aggrieved individual may file a complaint with the department. The department may receive and investigate complaints filed pursuant to this subsection (4)(a) against a health-care facility and, as appropriate, may refer matters related to a licensed health-care provider or a student or trainee under the supervision of a licensed health-care provider to the appropriate regulator.

(II) If the department determines, after a hearing on the matter in accordance with the requirements and procedures specified in article 4 of title 24, that a health-care facility has violated this section or has retaliated against an individual, including a whistleblower, for filing a complaint with the department or a regulator regarding a violation of this section or for otherwise complaining to any other person, the department may take action authorized in this article 3 against the health-care facility's license or impose restrictions or conditions on the health-care facility as the department determines appropriate.

(III) The state board of health may adopt rules as necessary to enforce this section.

(b) A patient who has been subjected to an intimate examination in violation of this section may file a civil action for damages in a court of competent jurisdiction. Such action is not a medical malpractice action, and the limitation on damages for noneconomic loss or injury established pursuant to section 13-21-102.5 applies to any award to the patient for noneconomic damages.

(5) Nothing in this section affects the ability to perform a medical forensic examination, including the collection of evidence, in connection with an alleged sexual assault or other crime or the investigation of an alleged sexual assault or other crime, pursuant to applicable laws.

(6) As used in this section:

(a) "Health-care facility" means a health-care facility licensed or certified by the department pursuant to section 25-1.5-103 (1)(a) and includes an individual authorized to act on behalf of the health-care facility.

(b) (I) "Intimate examination" means palpation of a breast or an internal pelvic, prostate, or rectal examination.

(II) "Intimate examination" does not include a visual examination of a part of the body specified in subsection (6)(b)(I) of this section that occurs incidental to the care being provided.

(c) "Licensed health-care provider" means:

(I) A physician or physician assistant licensed pursuant to article 240 of title 12;

(II) A person who holds a physician training license issued pursuant to section 12-240-128 and is:

(A) A resident enrolled in an approved residency, as defined in section 12-240-104 (4);

(B) An intern enrolled in an approved internship, as defined in section 12-240-104 (2); or

(C) A fellow enrolled in an approved fellowship, as defined in section 12-240-104 (1);

(III) An advanced practice registered nurse, as defined in section 12-255-104 (1); a registered nurse, as defined in section 12-255-104 (11); or a midwife, other than a direct-entry midwife or certified nurse midwife, practicing in this state whose scope of practice includes performing intimate examinations; or

(IV) A direct-entry midwife registered pursuant to article 225 of title 12.

(d) "Patient" means an individual under the care of a licensed health-care provider or health-care facility or the patient's authorized representative.

(e) "Patient's authorized representative" means an individual who is authorized to make health-care decisions for or exercise rights on behalf of the patient, including, for a patient who is under eighteen years of age, the parent or legal guardian of, or the individual standing in loco parentis to, the patient.

(f) "Regulator" means:

(I) For licensed health-care providers described in subsections (6)(c)(I) and (6)(c)(II) of this section, the Colorado medical board created in section 12-240-105;

(II) For licensed health-care providers described in subsection (6)(c)(III) of this section, the state board of nursing created in section 12-255-105; and

(III) For licensed health-care providers described in subsection (6)(c)(IV) of this section, the director of the division of professions and occupations in the department of regulatory agencies.

(g) "Student" means an individual currently enrolled in:

(I) An approved medical college, as defined in section 12-240-104 (3);

(II) An approved education program, as defined in section 12-255-104 (2), for professional nursing; or

(III) A training program approved by the director of the division of professions and occupations in the department of regulatory agencies, as described in section 12-225-104 (4)(c).

(h) "Trainee" means an individual enrolled in or otherwise participating in training, practical experience, practicum, or any other experiential or clinical program that is required pursuant to article 225, 240, or 255 of title 12 for the individual to become a licensed health-care provider.

(i) "Whistleblower" means an individual who has knowledge of an alleged violation of this section.
C.R.S. § 25-5-1007 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1007
25-5-1007. Owner responsibilities
Status: in_force

25-5-1007. Owner responsibilities. (1) The owner of each registered artificial tanning device shall provide to the department such information concerning the safe and proper operation of the owner's artificial tanning device as is required by this part 10.

(2) The owner shall post a sign on the premises where the artificial tanning device is located which notifies operators and potential users of the safety and health risks associated with the use of such devices. The board shall establish standards concerning the information to be contained in said notice and the size and location of posting the notice on the premises. Said notice shall be of a size and in a location on the premises which allows it to be easily read by users before being exposed to the artificial tanning device.

(3) The owner shall provide each user with a written handout as specified by the board containing, at a minimum, the following information:

(a) The risks of potential negative health effects as a result of improperly supervised exposure to ultraviolet radiation and the general health and sanitation risks associated with the use of such devices;

(b) The risks of potential negative health effects as a result of exposure to ultraviolet radiation while in poor health or on certain medications; and

(c) Specific safety and operation information on the artificial tanning device which is to be used.

(4) The owner shall provide to users the safety equipment required by the board.

(5) The owner shall provide and maintain such general sanitation and cleaning of equipment as required by the board.

(6) The owner shall inform the department of any accident or adverse reaction to the use of an artificial tanning device and provide such detailed information as required by the department. A written report in the format required by the department shall be submitted within fifteen days after discovery of the event. Any records, reports, or information obtained from a person pursuant to the provisions of this subsection (6) shall be closed and confidential.

(7) No owner, employee, or operator of any artificial tanning device or tanning facility shall advertise or promote that the use of any artificial tanning device is safe or without risk to the user or that registration with the department constitutes approval or endorsement of either the use of the device or the use of artificial tanning in general.
C.R.S. § 25-5-1003 — CO Code / Title 25 / Article 5 / Part 10 / Section 25-5-1003
25-5-1003. Definitions
Status: in_force

25-5-1003. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Artificial tanning device" means any equipment that emits ultraviolet radiation with wavelengths in the air between two hundred and four hundred nanometers and that is used for the tanning of human skin, including, but not limited to, sunlamps, tanning beds, and tanning booths. "Artificial tanning device" does not include phototherapy devices.

(2) "Board" means the state board of health.

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

(4) "Fund" means the artificial tanning device education fund created in section 25-5-1004.

(5) "Phototherapy device" means a piece of equipment that emits ultraviolet radiation and that is used by or under the supervision of a licensed health-care professional in the treatment of disease.

(6) "Tanning facility" means any location, premises, place, area, structure, or business, whether permanent or mobile, which provides persons access to artificial tanning devices.

(7) "Ultraviolet radiation" means electromagnetic radiation with wavelengths in the air between two hundred and four hundred nanometers.
C.R.S. § 25-1-118 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-118
25-1-118. Rental properties - salvage - fund created - repeal
Status: repealed

25-1-118. Rental properties - salvage - fund created - repeal. (Repealed)
C.R.S. § 25-20-106 — CO Code / Title 25 / Article 20 / Section 25-20-106
25-20-106. Duty of others
Status: in_force

25-20-106. Duty of others. (1) A person, other than a peace officer or medical practitioner, who finds a disabled person shall make a reasonable effort to notify a peace officer. If a peace officer or medical practitioner is not present, a person who finds a disabled person may make a reasonable search for an identifying device, and, if the identifying device is found, may make a reasonable search for an identification card of the type described in section 25-20-103 (2). If a device or card is located, the person making the search shall attempt promptly to bring its contents to the attention of a peace officer or medical practitioner.

(2) A claim for relief does not arise from a reasonable search to locate an identifying device or identification card as authorized by subsection (1) of this section.

(3) The duties imposed by this article are in addition to, and not in limitation of, other duties existing under the laws of this state.
C.R.S. § 25-7-1602 — CO Code / Title 25 / Article 7 / Part 16 / Section 25-7-1602
25-7-1602. Definitions
Status: in_force

25-7-1602. Definitions. As used in this part 16, unless the context otherwise requires:

(1) "Air conditioner" means an electrically powered mechanical device that uses the refrigeration cycle to cool an interior habitable space.

(2) "Applicable air conditioner" means an air conditioner that is:

(a) New;

(b) Powered by a single-phase current;

(c) Designed and intended for residential use;

(d) Designed and intended for permanent installation; and

(e) Not designed or intended to be window mounted.

(3) "Heat pump" means an electrically powered mechanical device that uses the refrigeration cycle to transfer thermal energy from one location to another.

(4) "HVAC" means a heating, ventilation, and air conditioning system.

(5) "Office" means the Colorado energy office created in section 24-38.5-101 (1).

(6) "Residential" means one- and two-family dwellings and townhouses, as defined in the most recent edition of the International Residential Code.
C.R.S. § 25-7-1404 — CO Code / Title 25 / Article 7 / Part 14 / Section 25-7-1404
25-7-1404. Reporting
Status: in_force

25-7-1404. Reporting. (1) On or before January 1, 2025, and on or before January 1 of each odd-numbered year thereafter, the department shall prepare a report summarizing the progress of the grant program and submit the report to the house of representatives education committee and energy and environment committee and the senate education committee and transportation and energy committee, or their successor committees. The department shall post a copy of each report on its website.

(2) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in subsection (1) of this section continue until the grant program repeals pursuant to section 25-7-1406.
C.R.S. § 25-5-512 — CO Code / Title 25 / Article 5 / Part 5 / Section 25-5-512
25-5-512. Exception - discretion as to reporting
Status: in_force

25-5-512. Exception - discretion as to reporting. (1) Nothing in this part 5 shall be construed as:

(a) Applicable to any person or corporation if the safety of his or its product or service is already regulated by any agency of the state of Colorado;

(b) Requiring the executive director to report minor violations of this part 5 for the institution of proceedings under this part 5 whenever the executive director believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
C.R.S. § 25-1-133 — CO Code / Title 25 / Article 1 / Part 1 / Section 25-1-133
25-1-133. Environmental equity and cumulative impact analyses - selection of contractor -
Status: in_force

25-1-133. Environmental equity and cumulative impact analyses - selection of contractor - required components of analyses - selection of locations - requirements for contractors - definitions - report. (1) As used in this section, unless the context otherwise requires:

(a) "Colorado EnviroScreen tool" has the meaning set forth in section 24-4-109 (5)(a)(II).

(b) "Contractor" means an academic institution or other party with which the department contracts to develop an EECIA.

(c) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(d) "Environmental equity and cumulative impact analysis" or "EECIA" means a cumulative impact analysis for a specific geographic area of the state developed in accordance with this section.

(e) "EPA's cumulative impact analysis recommendations" means the federal environmental protection agency's "Cumulative Impacts Research: Recommendations for EPA's Office of Research and Development", published on September 30, 2022.

(f) "Final report of the task force" means the "Final Report of Recommendations" published by the task force on November 14, 2022.

(g) "Local government" means a home rule or statutory city, town, city and county, or county.

(h) "Office of environmental justice" or "office" means the office of environmental justice created in section 25-1-133.5 (1)(a).

(i) "Task force" means the environmental justice action task force created by the general assembly in 2021 through the enactment of House Bill 21-1266.

(2) The department shall select one or more contractors to develop two or more environmental equity and cumulative impact analyses for the state. Each EECIA:

(a) Must cover a geographic area of the state that includes a group of mostly contiguous census block groups and other surrounding areas that meet the definition of disproportionately impacted communities;

(b) May be conducted for a community located on the Ute Mountain Ute or Southern Ute Indian reservation only if requested by the governing body of the affected tribe and following consultation with and approval by the governing body;

(c) Once developed, may be used by any state agency for the purpose of analyzing cumulative impacts;

(d) Must perform a scientifically rigorous analysis that includes most of the components recommended in the final report of the task force, as reflected on pages thirteen through fifteen of the final report of the task force;

(e) Should identify key problems and indicators of cumulative impacts and how those problems and indicators can be avoided, minimized, and mitigated, but should not recommend solutions to individual agencies; and

(f) Should empower agencies and local governments to score, evaluate, or compare alternative mitigation options proposed for future projects to ensure that the future projects are effective while considering potential unintended consequences.

(3) (a) The office of environmental justice shall select locations for the environmental equity and cumulative impact analyses and oversee the department's selection of a contractor pursuant to subsection (2) of this section.

(b) By a deadline determined by the office and posted conspicuously on the department's website, a local government, a group of local governments, an elected official, the governing body of an affected tribe for any request within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, a nonprofit organization, or any other interested person may submit a formal written request to the office to select a location for an EECIA. In selecting the locations for the EECIAs, the office shall:

(I) Prioritize locations that:

(A) Are most impacted by environmental contaminants;

(B) Have the potential for widespread human exposure to the environmental contaminants; and

(C) Include a greater proportion of individuals with heightened vulnerability to the environmental contaminants;

(II) Use the Colorado EnviroScreen tool to help prioritize locations with disproportionate environmental health burdens; and

(III) Seek input from various groups of interested stakeholders in the selection process.

(c) In selecting the contractor for an EECIA location selected pursuant to subsection (3)(b) of this section, the office shall:

(I) Be transparent with regard to any selection criteria used in the selection process;

(II) Engage stakeholders for feedback on how to design the selection process; and

(III) For an EECIA studying any lands within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, consult with the governing body of the affected tribe and select a contractor only with the governing body's consent.

(4) (a) In developing the environmental equity and cumulative impact analyses, a contractor selected pursuant to subsection (2) of this section shall, with input from interested stakeholders, set timelines and milestones for completion of an EECIA and submit the proposed timelines and milestones to the office for review and approval.

(b) The office shall post in a conspicuous location on the department's public-facing website the approved timelines and milestones for each contractor to complete an EECIA and periodically post updates on whether each contractor has met the timelines and milestones.

(5) A contractor selected pursuant to subsection (3)(c) of this section shall:

(a) With oversight from the office, review existing cumulative impact analysis frameworks such as the EPA's cumulative impact analysis recommendations or frameworks from other states or jurisdictions;

(b) Establish a process for interested stakeholders to submit input regarding an EECIA and for the contractor to review any input submitted;

(c) Extensively engage interested stakeholders and the office throughout the EECIA development process; and

(d) Ensure that an EECIA is crafted to be comprehensible, easy to utilize, and accessible. As used in this subsection (5)(d), "accessible" includes ensuring that the data supporting an EECIA is transparent, translated from English into the two most prevalent other languages spoken in the relevant community, and made readily available to communities.

(6) (a) Except as provided in subsection (6)(b) of this section, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources to help finance the development of environmental equity and cumulative impact analyses pursuant to this section.

(b) The department shall not accept gifts, grants, or donations from industry interests. As used in this subsection (6)(b), "industry interest" means an entity that currently holds or that applied to receive a permit or license from the division of administration or the hazardous materials and waste management division.

(7) (a) Within nine months after completing the first EECIA, the department shall prepare a report regarding the EECIA and submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.

(b) The report must include:

(I) Recommendations for implementing the findings of the EECIA; and

(II) Identification of any resources or steps necessary for the department or other agencies to implement the findings of the EECIA once the EECIA is developed.

(c) In preparing the report, the department shall consult with:

(I) The Colorado energy office created in section 24-38.5-101 (1);

(II) The department of natural resources created in section 24-1-124 (1);

(III) The department of agriculture created in section 35-1-103;

(IV) The public utilities commission created in section 40-2-101 (1)(a);

(V) The department of transportation created in section 24-1-128.7 (1); and

(VI) Representatives of disproportionately impacted communities.