CO Code § 25-1-108 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 1 - Administration|Part 1 - Department of Public Health Andenvironment|§ 25-1-108. Powers and Duties of State Board of Health

  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:   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;    To act in an advisory capacity to the executive director of the department on all matters pertaining to public health;      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; (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;    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.    to (V) Repealed.    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;       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.    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.          Repealed.       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.    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.    and (5) Repealed.      History. Source: L. 47: P. 511, § 6. CSA: C. 78, § 21(6). CRS 53: § 66-1-8. L. 55: P. 428, § 2. L. 59: P. 468, § 2. C.R.S. 1963: § 66-1-8. L. 67: P. 345, § 16. L. 68: Pp. 107, 108, §§ 77, 81. L. 75: (1)(c)(II) R&RE, p. 871, § 1, effective July 14; (1)(d) amended, p. 872, § 1, effective July 14. L. 77: (1)(d) amended, p. 308, § 12, effective June 10. L. 87: (1)(d) amended, p. 967, § 76, effective March 13. L. 92: (1)(g) added, p. 1236, § 3, effective August 1. L. 94: (1)(c)(V) added, p. 32, § 5, effective March 9; (1)(h) added, p. 565, § 13, effective April 6; (3) added, p. 2610, § 11, effective July 1. L. 96: (1)(g) repealed, p. 1284, § 1, effective June 1. L. 2000: (1)(c)(VI) added, p. 88, § 6, effective March 15; (4) added, p. 545, § 23, effective July 1. L. 2002: (3) amended and (5) added, p. 1328, § 15, effective July 1. L. 2003: (5) amended, p. 2007, § 84, effective May 22. L. 2006: (1)(c)(V) repealed, p. 1127, § 1, effective July 1. L. 2007: (5) amended, p. 2040, § 62, effective June 1. L. 2008: (5) repealed, p. 662, § 1, effective August 5. L. 2010: (1)(c)(VI) amended,(HB 10-1422), ch. 419, p. 2089, § 83, effective August 11. L. 2013: (1)(c)(VI) amended,(HB 13-1300), ch. 316, p. 1686, § 69, effective August 7. L. 2019: IP(1) amended and (1)(f) repealed,(SB 19-082), ch. 15, p. 58, § 2, effective August 2; (1)(c)(II) amended and (1)(c)(III) and (1)(c)(IV) repealed,(HB 19-1060), ch. 10, p. 39, § 2, effective August 2; (1)(c)(VI) amended,(SB 19-080), ch. 22, p. 78, § 2, effective August 2; (1)(h) repealed,(HB 19-1068), ch. 63, p. 228, § 2, effective August 2. History. Source: L. 47: P. 511, § 6. CSA: C. 78, § 21(6). CRS 53: § 66-1-8. L. 55: P. 428, § 2. L. 59: P. 468, § 2. C.R.S. 1963: § 66-1-8. L. 67: P. 345, § 16. L. 68: Pp. 107, 108, §§ 77, 81. L. 75: (1)(c)(II) R&RE, p. 871, § 1, effective July 14; (1)(d) amended, p. 872, § 1, effective July 14. L. 77: (1)(d) amended, p. 308, § 12, effective June 10. L. 87: (1)(d) amended, p. 967, § 76, effective March 13. L. 92: (1)(g) added, p. 1236, § 3, effective August 1. L. 94: (1)(c)(V) added, p. 32, § 5, effective March 9; (1)(h) added, p. 565, § 13, effective April 6; (3) added, p. 2610, § 11, effective July 1. L. 96: (1)(g) repealed, p. 1284, § 1, effective June 1. L. 2000: (1)(c)(VI) added, p. 88, § 6, effective March 15; (4) added, p. 545, § 23, effective July 1. L. 2002: (3) amended and (5) added, p. 1328, § 15, effective July 1. L. 2003: (5) amended, p. 2007, § 84, effective May 22. L. 2006: (1)(c)(V) repealed, p. 1127, § 1, effective July 1. L. 2007: (5) amended, p. 2040, § 62, effective June 1. L. 2008: (5) repealed, p. 662, § 1, effective August 5. L. 2010: (1)(c)(VI) amended,(HB 10-1422), ch. 419, p. 2089, § 83, effective August 11. L. 2013: (1)(c)(VI) amended,(HB 13-1300), ch. 316, p. 1686, § 69, effective August 7. L. 2019: IP(1) amended and (1)(f) repealed,(SB 19-082), ch. 15, p. 58, § 2, effective August 2; (1)(c)(II) amended and (1)(c)(III) and (1)(c)(IV) repealed,(HB 19-1060), ch. 10, p. 39, § 2, effective August 2; (1)(c)(VI) amended,(SB 19-080), ch. 22, p. 78, § 2, effective August 2; (1)(h) repealed,(HB 19-1068), ch. 63, p. 228, § 2, effective August 2.    Editor's note:   Subsection (4)(d) provided for the repeal of subsection (4), effective November 31, 2000, but the date was changed on revision to November 30, 2000. (See L. 2000, p. 545 .)   Cross references:    For the duty of the board to supervise registration of births and deaths, see article 2 of this title 25.    For the legislative declaration contained in the 1994 act adding subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 19-082, see section 1 of chapter 15, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1060, see section 1 of chapter 10, Session Laws of Colorado 2019. For the legislative declaration in SB 19-080, see section 1 of chapter 22, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1068, see section 1 of chapter 63, Session Laws of Colorado 2019.     ANNOTATION   Regulations held not unconstitutionally applied. Federal regulations adopted by the department of health were held not to be so vague that their application would deprive the regulated party of procedural due process. Geriatrics, Inc. v. State Dept. of Health, 650 P.2d 1288 (Colo. App. 1982), aff'd in part and rev'd in part on other grounds, 699 P.2d 952 (Colo. 1985).   State licensing standards which provided the basis for the revocation of a nursing facility's operating license were not in violation of the regulated party's due process rights for the regulations were detailed and specific and the final agency decision set out detailed findings concerning the revocation of the operating license. State Dept. of Health v. Geriatrics, 699 P.2d 952 (Colo. 1985).   Applied in Winkler v. State Dept. of Health, 193 Colo. 170 , 564 P.2d 107 (1977).