CO Code § 25-3.5-206 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 3.5 - Emergency Medical and Trauma Services|Part 2 - Treatment Subsystem|§ 25-3.5-206. Emergency Medical Practice Advisory Council - Creation - Powers and Duties - Emergency Medical Service Provider Scope of Practice - Definitions - Rules

  There is hereby created within the department, as a type 2 entity under the direction of the director, the emergency medical practice advisory council, referred to in this part 2 as the “advisory council”. The advisory council is responsible for advising the department regarding the appropriate scope of practice for emergency medical service providers certified or licensed under section 25-3.5-203.      The advisory council consists of the following thirteen members:   Eight voting members appointed by the governor as follows:   Two physicians licensed in good standing in Colorado who are actively serving as emergency medical service medical directors and are practicing in rural or frontier counties;    Two physicians licensed in good standing in Colorado who are actively serving as emergency medical service medical directors and are practicing in urban counties;    One physician licensed in good standing in Colorado who is actively serving as an emergency medical service medical director in any area of the state;    One emergency medical service provider certified or licensed at an advanced life support level who is actively involved in the provision of emergency medical services;    One emergency medical service provider certified or licensed at a basic life support level who is actively involved in the provision of emergency medical services; and    One emergency medical service provider certified or licensed at any level who is actively involved in the provision of emergency medical services;       One voting member who, as of July 1, 2010, is a member of the state emergency medical and trauma services advisory council, appointed by the executive director of the department;    Two nonvoting ex officio members appointed by the executive director of the department.    One voting member who is a clinical psychiatrist licensed in good standing in Colorado, recommended by a statewide association of psychiatrists, and appointed by the governor; and    One voting member who is an anesthesiologist licensed in good standing in Colorado, recommended by a statewide association of anesthesiologists, and appointed by the governor.       Members of the advisory council shall serve four-year terms; except that, of the members initially appointed to the advisory council by the governor, four members shall serve three-year terms. A vacancy on the advisory council shall be filled by appointment by the appointing authority for that vacant position for the remainder of the unexpired term. Members serve at the pleasure of the appointing authority and continue in office until the member's successor is appointed.    Members of the advisory council shall serve without compensation but shall be reimbursed from the emergency medical services account, created in section 25-3.5-603, for their actual and necessary travel expenses incurred in the performance of their duties under this article.    The advisory council shall elect a chair and vice-chair from its members.    The advisory council shall meet at least quarterly and more frequently as necessary to fulfill its obligations.    The department shall provide staff support to the advisory council.    As used in this subsection (2), “licensed in good standing” means that the physician holds a current, valid license to practice medicine in Colorado that is not subject to any restrictions.       The advisory council shall provide general technical expertise on matters related to the provision of patient care by emergency medical service providers and shall advise or make recommendations to the department in the following areas:   The acts and medications that emergency medical service providers at each level of certification or licensure are authorized to perform or administer under the direction of a physician medical director. The advisory council shall submit a report to the house of representatives health and insurance committee and the senate health and human services committee, or any successor committees, any time the advisory council advises or recommends authorizing the administration of any new chemical restraint, as defined in section 26-20-102 (2). The report must include the advisory council's reasoning for such advisement or recommendation.    Requests for waivers to the scope of practice rules adopted pursuant to this section and section 25-3.5-203 (1)(a.5);    Modifications to emergency medical service provider certification or licensure levels and capabilities; and    Criteria for physicians to serve as emergency medical service medical directors.         The director or, if the director is not a physician, the chief medical officer shall adopt rules in accordance with article 4 of title 24 concerning the scope of practice of emergency medical service providers. The rules must include the following:   Allowable acts for each level of emergency medical service provider certification or licensure and the medications that a certificate holder or licensee at each level of emergency medical service provider certification or licensure can administer;    Defining the physician medical direction required for appropriate oversight of an emergency medical service provider by an emergency medical services medical director;    Criteria for requests to waive the scope of practice rules in a prehospital setting and the conditions for the waivers;    Minimum standards for physicians to be emergency medical services medical directors; and    (A) Standards for the issuance by the department of a critical care endorsement for emergency medical service providers. An emergency medical service provider with a critical care endorsement is authorized to perform the tasks and procedures specified by rule. The endorsement is valid as long as the emergency medical service provider maintains certification or licensure by the department.    (a.5) (I) The director or, if the director is not a physician, the chief medical officer shall adopt rules in accordance with article 4 of title 24 concerning the scope of practice of a community paramedic. An emergency medical service provider's endorsement as a community paramedic, issued pursuant to the rules adopted under section 25-3.5-203.5, is valid for as long as the emergency medical service provider maintains the emergency medical service provider's certification or licensure by the department.    The rules must establish the tasks and procedures that an emergency medical service provider with a community paramedic endorsement is authorized to perform in addition to an emergency medical service provider's scope of practice, including:   An initial assessment of the patient and any subsequent assessments, as needed;    Medical interventions;    Care coordination;    Resource navigation;    Patient education;    Inventory, compliance, and administration of medications; and    Gathering of laboratory and diagnostic data.             Rules adopted pursuant to this subsection (4) supersede any rules of the Colorado medical board regarding the matters set forth in this subsection (4).       As used in this section:   “Interfacility transport” has the meaning set forth in section 25-3.5-207 (1)(c).    Repealed.    “Scope of practice” has the meaning set forth in section 25-3.5-207 (1)(f).        History. Source: L. 2010: Entire section added,(HB 10-1260), ch. 403, p. 1945, § 10, effective July 1. L. 2012: (1), IP(2)(a), (2)(a)(I)(D), (2)(a)(I)(E), (2)(a)(I)(F), IP(3), (3)(a), (3)(c), IP(4)(a), (4)(a)(I), and (4)(a)(II) amended,(HB 12-1059), ch. 271, p. 1431, § 6, effective July 1. L. 2013: IP(4)(a), (4)(a)(III), and (4)(a)(IV) amended and (4)(a)(V) added,(HB 13-1063), ch. 14, p. 37, § 1, effective March 8. L. 2016: (4)(a.5) added,(SB 16-069), ch. 260, p. 1063, § 3, effective June 8. L. 2019: (1), IP(2)(a), (2)(a)(I)(D), (2)(a)(I)(E), (2)(a)(I)(F), (3)(a), (3)(c), IP(4)(a), (4)(a)(I), (4)(a)(V)(A), and (4)(a.5)(I) amended,(SB 19-242), ch. 396, p. 3523, § 3, effective May 31; IP(4)(a), (4)(a)(III), and (4)(a.5)(I) amended and (5) added,(SB 19-052), ch. 122, p. 528, § 4, effective August 2. L. 2021: IP(2)(a), (2)(a)(II), and (3)(a) amended, (2)(a)(IV) and (2)(a)(V) added, and (5)(b) repealed,(HB 21-1251), ch. 450, pp. 2963, 2964, §§ 7, 9, effective July 6.    Editor's note:   Amendments to subsections IP(4)(a) and (4)(a.5)(I) by SB 19-052 and SB 19-242 were harmonized.