reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 17 - INFANT IMMUNIZATION ACT (§§ 25-4-1701 — 25-4-1711) › Section 25-4-1707 - Moneys targeted for medical assistance for infants - reimbursement

The state department of health care policy and financing shall reimburse the department of public health and environment for the costs of vaccinating infants under the infant immunization program who are medicaid eligible pursuant to the "Colorado Medical Assistance Act", articles
4
,
5
, and
6
of title
25.5
, C.R.S. Such moneys received from the state department of health care policy and financing shall be credited to the immunization fund.
L. 92: Entire part added, p. 1311, § 1, effective July 1. L. 94: Entire section amended, p. 2624, § 44, effective July 1. L. 2006: Entire section amended, p. 2015, § 91, effective July 1. L. 2007: Entire section amended, p. 658, § 4, effective April 26.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 17 - INFANT IMMUNIZATION ACT (§§ 25-4-1701 — 25-4-1711) › Section 25-4-1708 - Fund created

(1)
(a)
There is hereby established in the state treasury a fund to be known as the immunization fund, which fund is subject to annual appropriation by the general assembly to the department of public health and environment for the purposes of:
(I)
Purchasing vaccines, including purchasing vaccines through a vaccine purchasing system, if such a system is developed pursuant to section
25-4-2403 (1)
and (1.3), which system may include vaccines for privately insured individuals;
(II)
Assisting users of the immunization tracking system established in section
25-4-2403
to connect to the system;
(III)
Utilizing the reminder and recall process of the immunization tracking system; and
(IV)
Implementing, developing, and operating immunization programs.
(b)
The fund consists of:
(I)
Moneys appropriated by the general assembly from the general fund for immunization programs;
(II)
Any gifts, grants, or awards received pursuant to sections
25-4-1705 (6)
and
25-4-2403 (9)(c)
or for purposes of expanding access to childhood immunizations; and
(III)
Moneys received from the state department of health care policy and financing as reimbursement pursuant to section
25-4-1707
.
(c)
The state treasurer shall credit to the fund all income from the investment of moneys in the fund.
(d)
The department shall use the moneys in the immunization fund to pay the department's direct and indirect costs of administering the programs described in paragraph (a) of this subsection (1).
(2)
If federal funds are not received to implement and operate the immunization programs created in this part 17 and part 24 of this article, no additional general fund moneys shall be appropriated for such purposes.
(3)
All moneys credited to the immunization fund that are not expended during the fiscal year shall be retained in the fund for its future use and shall not be credited or transferred to the general fund or any other fund.
(4)
(Deleted by amendment, L. 2007, p. 658, § 5, effective April 26, 2007.)
Amended by 2013 Ch. 350, § 3, eff. 5/28/2013.
L. 92: Entire part added, p. 1311, § 1, effective July 1. L. 94: (1) amended, p. 2776, § 476, effective July 1. L. 2003: (4) added, p. 1543, § 3, effective May 1. L. 2005: (1) amended, p. 1239, § 1, effective June 3. L. 2007: Entire section amended, p. 658, § 5, effective April 26. L. 2013: (1) amended, (SB 13-222), ch. 350, p. 2030, § 3, effective May 28.
For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 350, Session Laws of Colorado 2013.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 17 - INFANT IMMUNIZATION ACT (§§ 25-4-1701 — 25-4-1711) › Section 25-4-1710 - [Repealed]

L. 92: Entire part added, p. 1313, § 1, effective July 1. L. 96: Entire section repealed, p. 1257, § 148, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 17 - INFANT IMMUNIZATION ACT (§§ 25-4-1701 — 25-4-1711) › Section 25-4-1711 - [Repealed]

L. 92: Entire part added, p. 1313, § 1, effective July 1. L. 94: (1) amended, pp. 2625, 2702, §§ 45, 257, effective July 1.
Subsection (5) provided for the repeal of this section, effective July 1, 1995. (See L. 92, p. 1313.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1801 - Short title

This part 18 shall be known and may be cited as the "Shellfish Dealer Certification Act".
L. 97: Entire part added, p. 81, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1802 - Legislative declaration

The general assembly finds, determines, and declares that the certification of shellfish dealers and the regulation of premises or places wherein shellfish are handled, stored, and processed for distribution in accordance with the guidelines of the national shellfish sanitation program administered by the United States food and drug administration is necessary to protect the public health; will benefit consumers by ensuring that the sale and distribution of shellfish is from safe sources; will assist retailers by ensuring that shellfish have not been adulterated during processing, shipping, or handling; and will contribute to the economic health of the state by assuring that Colorado certified dealers are permitted to ship their product in interstate commerce.
L. 97: Entire part added, p. 81, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1803 - Definitions

As used in this part 18, unless the context otherwise requires:
(1)
"Certification" means the issuance of a numbered certificate to a person for a particular activity or group of activities that indicates:
(a)
Permission from the department to conduct the activity; and
(b)
Compliance with the requirements of the department.
(2)
"Certification number" means the unique identification number issued by the department to each dealer for each location.
(3)
"Dealer" means a person to whom certification is issued for the activities of shell stock shipper, shucker-packer, repacker, reshipper, depuration processor, or wet storage.
(4)
"Department" means the Colorado department of public health and environment and its authorized agents and employees.
(5)
"Depuration processor" or "DP" means a person who receives shell stock from approved or restricted growing areas and submits such shell stock to an approved, controlled purification process.
(6)
"FDA" means the United States food and drug administration.
(7)
"Person" means any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind, and any partnership, association, corporation, or other entity. "Person" also includes the federal or state government and any other public or private entity.
(8)
"Repacker" or "RP" means any person, other than the original certified shucker-packer, who repackages shucked shellfish into other containers.
(9)
"Reshipper" or "RS" means a person who purchases shucked shellfish or shell stock from other certified shippers and sells the product without repacking or relabeling to other certified shippers, wholesalers, or retailers.
(10)
"Shellfish" means all species of:
(a)
Oysters, clams, or mussels, whether:
(I)
Shucked or in the shell;
(II)
Fresh or frozen; and
(III)
Whole or in part; and
(b)
Scallops in any form, except when the final product form is the adductor muscle only.
(11)
"Shell stock" means live shellfish in the shell.
(12)
"Shell stock shipper" or "SS" means a person who grows, harvests, buys, or repacks and sells shell stock. A shell stock shipper is not authorized to shuck shellfish nor to repack shucked shellfish, but may ship shucked shellfish.
(13)
"Shucker-packer" or "SP" means a person who shucks and packs shellfish. A shucker-packer may act as a shell stock shipper or reshipper or may repack shellfish originating from other certified dealers.
(14)
"Wet storage" means the temporary storage of shell stock from growing areas in the approved classification or in the open status of the conditionally approved classification in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater.
L. 97: Entire part added, p. 81, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1804 - Department designated as certifying and inspecting agency

For the purpose of regulating and controlling shellfish dealers, establishing sanitary conditions therein, and the enforcement and administration of this part 18, the department is hereby authorized as the state certifying and inspection agency pursuant to applicable federal law and rules.
L. 97: Entire part added, p. 83, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1805 - Powers and duties of department - rules

(1)
The department is hereby authorized to enforce this part 18 and to adopt and enforce reasonable rules and standards to implement this part 18. Such rules and standards shall be consistent with, and no more stringent than, standards adopted pursuant to the national shellfish sanitation program and may include, but shall not be limited to:
(a)
Rules governing applications for initial certification and for annual renewal of certifications;
(b)
Requirements for comprehensive on-site inspections of the premises and facilities of applicants for certification;
(c)
Standards concerning the form and manner of submission of records required for certification and record keeping pursuant to this part 18;
(d)
Establishment of fees required for certification and renewal of certification; and
(e)
Grounds for denial, suspension, or revocation of a certificate.
(2)
This part 18 shall be administered by the department; except that county, district, and municipal public health agencies may be authorized by the department to assist it in performing its powers and duties pursuant to this part 18.
(3)
The department is authorized to conduct hearings in accordance with article
4
of title
24
, C.R.S., and to use administrative law judges to conduct such hearings when the use of administrative law judges would result in a net saving of costs to the department.
(4)
The department is authorized to enter into cooperative agreements with and to accept grants from any agency or political subdivision of this state or any other state, or with any agency of the United States government, subject to limitations set forth elsewhere in law and the state constitution, to carry out the provisions of this part 18.
(5)
(a)
When the department determines that a dealer's activity constitutes a major public health threat, the department shall:
(I)
Suspend or withdraw certification; and
(II)
Immediately notify the FDA and the authorities in known states that receive the dealer's shellfish.
(b)
The department shall prohibit any dealer whose certification has been suspended or withdrawn from shipping in interstate or intrastate commerce.
(c)
When the department recertifies any dealer, the department shall notify the FDA and the authorities in known states that receive the shellfish.
L. 97: Entire part added, p. 83, § 1, effective July 1. L. 2010: (2) amended, (HB 10-1422), ch. 419, p. 2101, §112, effective August 11.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1806 - Shellfish dealers - certificate required - application - fees

(1)
Any person desiring to do business as a shellfish dealer in Colorado shall apply for and obtain a valid shellfish dealer certification issued by the department pursuant to this part 18 and any rules adopted pursuant thereto. Any such application shall be accompanied by the appropriate fee, if any, set by the department.
(2)
Each shellfish dealer certification shall expire on June 30 in the year following the year of issuance.
(3)
Each certificated shellfish dealer shall report to the department, in the form and manner required by the department, any change in the information provided in the dealer's application or in such reports previously submitted, within thirty days of such change.
(4)
Certifications issued pursuant to this part 18 are not transferable.
(5)
An application for renewal of a shellfish dealer certification shall be in the form and manner prescribed by the department.
(6)
The department shall issue only one certification number to any dealer for any location. A dealer may maintain more than one certification if each business is operated as a separate entity and is not found at the same location.
(7)
The certification number issued to any dealer by the department shall be unique. Each certification number shall consist of a one- to five-digit Arabic number preceded by the two-letter state postal abbreviation ("CO") and followed by a two-letter abbreviation for the type of activity or activities the dealer is qualified to perform in accordance with the following terms as defined in section
25-4-1802
:
(a)
Shell stock shipper (SS);
(b)
Shucker-packer (SP);
(c)
Repacker (RP);
(d)
Reshipper (RS);
(e)
Depuration processor (DP); or
(f)
Wet storage (WS).
(8)
All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the wholesale food manufacturing and storage protection cash fund created in section
25-5-426
.
L. 97: Entire part added, p. 84, § 1, effective July 1. L. 2003: (8) amended, p. 1462, § 2, effective May 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1807 - Record-keeping requirements

(1)
Each certificated shellfish dealer shall keep and maintain records in the form and manner designated by the department.
(2)
Records maintained pursuant to subsection (1) of this section shall be retained at the dealer's address of record for at least one year or for such different period as the department may specify by rule.
L. 97: Entire part added, p. 85, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1808 - Unlawful acts

(1)
Unless otherwise authorized by law, it is unlawful and a violation of this part 18 for any person to:
(a)
Perform any of the acts for which certification as a shellfish dealer is required without possessing a valid certification;
(b)
Hold oneself out as being so qualified to perform any of the acts for which certification pursuant to this part 18 is required without possessing a valid certification;
(c)
Solicit, advertise, or offer to perform any of the acts for which certification under this part 18 is required without possessing a valid certification to perform such acts;
(d)
Refuse or fail to comply with the provisions of this part 18;
(e)
Refuse or fail to comply with any rules adopted by the department pursuant to this part 18 or to any lawful order issued by the department;
(f)
Refuse to comply with a cease-and-desist order issued pursuant to section
25-4-1810
;
(g)
Willfully make a material misstatement in the application for a certification or in the application for renewal thereof or to the department during an official investigation;
(h)
Impersonate any federal, state, county, city and county, or municipal official or inspector;
(i)
Aid or abet another in any violation of this part 18 or of any rule adopted pursuant thereto;
(j)
Refuse to permit entry or inspection in accordance with section
25-4-1809
;
(k)
Allow a certification issued pursuant to this part 18 to be used by an uncertificated person; or
(l)
Make any misrepresentation or false promise, through advertisements, employees, agents, or otherwise, in connection with the business operations certificated pursuant to this part 18 or for which an application for a certification is pending.
L. 97: Entire part added, p. 85, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1809 - Inspections - investigations - access - subpoena

(1)
The department, upon its own motion or upon the complaint of any person, may make any and all investigations necessary to ensure compliance with this part 18.
(2)
The department shall have the right of access, at any reasonable time, during regular working hours and at other times during which activity is evident, to any premises for the purpose of any examination or inspection necessary to enforce any of the provisions of this part 18 or the rules or standards adopted thereunder.
(3)
Complaints of record made to the department and the results of the department's investigations may, in the discretion of the department, be closed to public inspection, except to the person in interest, as defined in section
24-72-202(4)
, C.R.S., or as provided by court order, during the investigatory period and until dismissed or until notice of hearing and charges are served on the person in interest.
(4)
(a)
The department shall have full authority to administer oaths and take statements, to issue subpoenas requiring the attendance of witnesses and the production of books, memoranda, papers, and other documents, articles, or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.
(b)
Upon failure or refusal of any witness to obey any subpoena, the department may petition the district court, and, upon a proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey such an order of the court shall be punishable as a contempt of court.
L. 97: Entire part added, p. 86, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1810 - Enforcement

(1)
The department or its designee shall enforce the provisions of this part 18.
(2)
(a)
If the department has reasonable cause to believe a violation of any provision of this part 18 or any rule adopted pursuant to this part 18 has occurred and immediate enforcement is deemed necessary, it may issue a cease-and-desist order, which shall require a person to cease violating any provision of this part 18 or any rule promulgated pursuant to this part 18.
(b)
A cease-and-desist order shall set forth the provisions alleged to have been violated, the facts constituting the violation, and the requirement that all violating actions immediately cease.
(c)
(I)
At any time after service of the order to cease and desist, the person for whom such order was served may request, at such person's discretion, a prompt hearing to determine whether or not such violation has occurred.
(II)
A hearing held pursuant to this paragraph (c) shall be conducted in conformance with the provisions of article
4
of title
24
, C.R.S., and shall be determined promptly.
(3)
If the department possesses sufficient evidence to indicate that a person has engaged in any act or practice constituting a violation of this part 18 or of any rule adopted under this part 18, the department may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this part 18 or any rule or order under this part 18. In any such action, the department shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. The court shall not require the department to post a bond.
L. 97: Entire part added, p. 87, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1811 - Disciplinary actions - denial of certification

(1)
The department, pursuant to the provisions of article
4
of title
24
, C.R.S., may issue letters of admonition or may deny, suspend, refuse to renew, restrict, or revoke any certification authorized under this part 18 if the applicant or certificated person has:
(a)
Refused or failed to comply with any provision of this part 18, any rule adopted under this part 18, or any lawful order of the department;
(b)
Had an equivalent certification denied, revoked, or suspended by any authority;
(c)
Refused to provide the department with reasonable, complete, and accurate information when requested by the department; or
(d)
Falsified any information requested by the department.
(2)
In any proceeding held under this section, the department may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a dealer in another jurisdiction if the violation which prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action under this section.
L. 97: Entire part added, p. 87, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1812 - Civil penalties

(1)
Any person who violates any provision of this part 18 or any rule adopted pursuant to this part 18 is subject to a civil penalty, as determined by the department. The maximum penalty shall not exceed fifty dollars per violation.
(2)
No civil penalty may be imposed unless the person charged is given notice and opportunity for a hearing pursuant to article
4
of title
24
, C.R.S.
(3)
If the department is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, the department may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(4)
Before imposing any civil penalty, the department may consider the effect of such penalty on the ability of the person charged to stay in business.
(5)
All penalties collected pursuant to this section by the department shall be transmitted to the state treasurer who shall credit the same to the food protection cash fund created in section
25-4-1605
.
L. 97: Entire part added, p. 88, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 18 - SHELLFISH DEALER CERTIFICATION ACT (§§ 25-4-1801 — 25-4-1813) › Section 25-4-1813 - Criminal penalties

Any person who violates any of the provisions of section
25-4-1808
commits a petty offense and shall be punished as provided in section
18-1.3-503
.
Amended by 2021 Ch. 462, § 455, eff. 3/1/2022.
L. 97: Entire part added, p. 88, § 1, effective July 1. L. 2002: Entire section amended, p. 1537, § 267, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3235, p. 3235, § 455, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 19 - GULF WAR SYNDROME REGISTRY (§§ 25-4-1901 — 25-4-1906) › Section 25-4-1901 - Short title

This part 19 shall be known and may be cited as the "Gulf War Syndrome Registry Act".
L. 98: Entire part added, p. 711, § 2, effective May 18.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 19 - GULF WAR SYNDROME REGISTRY (§§ 25-4-1901 — 25-4-1906) › Section 25-4-1902 - Definitions

As used in this part 19, unless the context otherwise requires:
(1)
"Birth defect" means any physical or mental disability, disorder, or condition, including any susceptibility to any illness, disorder, or condition other than normal childhood illnesses, disorders, or conditions.
(2)
"Department" means the department of public health and environment.
(3)
"Family member" means a spouse or a child of a veteran who served in the gulf war.
(4)
"Gulf war syndrome" means the wide range of physical and mental conditions, disorders, problems, and illnesses, including birth defects, experienced by veterans and family members that are connected with a veteran's service in the armed forces of the United States during the gulf war.
(5)
"Registry" means the gulf war syndrome registry created in section
25-4-1903
.
(6)
"Veteran" means a person who is a resident of this state, who served on and after August 2, 1990, but prior to December 31, 1991, during the gulf war in the southwest Asia theater of operations, which includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.
Amended by 2017 Ch. 263,§ 193, eff. 5/25/2017.
L. 98: Entire part added, p. 712, § 2, effective May 18. L. 2017: (1) and (4) amended, (SB 17-242), ch. 263, p. 1325, § 193, effective May 25.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 19 - GULF WAR SYNDROME REGISTRY (§§ 25-4-1901 — 25-4-1906) › Section 25-4-1903 - Gulf war syndrome registry - creation - reporting

(1)
There is hereby created a statewide gulf war syndrome registry that shall be established and maintained by the department. The registry shall contain the names of veterans and family members of veterans who have been affected by gulf war syndrome as reported by physicians, health-care professionals, hospitals, or medical facilities as provided in subsection (2) of this section or as reported by veterans on forms prescribed by the department. The registry shall also contain the names of children with cancer or birth defects who have at least one parent that is a veteran of the gulf war, and who submit information to the registry as provided in subsection (4) of this section.
(2)
A physician or other qualified health-care professional who has primary responsibility for treating a veteran or a family member of a veteran and who believes the veteran may have been exposed to certain causative agents while serving in the armed forces of the United States during the gulf war shall submit a report to the department on a form provided by the department. If there is no physician or other qualified health-care professional having primary responsibility for treating the veteran or the veteran's family member, the hospital or other medical facility treating the veteran or family member shall submit the report to the department. No report shall be submitted pursuant to this subsection (2) unless consent of the veteran or, if the report involves a family member of the veteran, of the affected family member has been obtained. If the report involves a person who is under the age of eighteen years, consent shall be obtained from a parent or legal guardian of the child.
(3)
The form provided by the department to veterans and to physicians or other qualified health-care professionals, hospitals, or other medical facilities shall request the following information:
(a)
Symptoms of the veteran or family member of the veteran that may be related to exposure to causative agents during the gulf war;
(b)
Diagnoses of the veteran or family member of the veteran;
(c)
Methods of treatment prescribed;
(d)
Outcome or results of any treatment prescribed.
(4)
The department shall contact the families of any child born after August 2, 1990, who is on the state cancer registry or who has been reported to the department as having birth defects to determine whether either of the two biological parents of such child is a veteran of the gulf war. If either parent did serve, the department shall inform the family of the child about the registry. If the family consents, the child's name and any symptoms, diagnoses, methods of treatment, and treatment outcomes shall be listed in the registry.
L. 98: Entire part added, p. 712, § 2, effective May 18.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 19 - GULF WAR SYNDROME REGISTRY (§§ 25-4-1901 — 25-4-1906) › Section 25-4-1904 - [Repealed]

Repealed by 2013 Ch. 120,§1, eff. 8/7/2013.
L. 98: Entire part added, p. 713, § 2, effective May 18. L. 2000: (3)(c) amended, p. 463, § 9, effective August 2. L. 2013: Entire section repealed, (HB 13-1139), ch. 120, p. 407, § 1, effective August 7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 19 - GULF WAR SYNDROME REGISTRY (§§ 25-4-1901 — 25-4-1906) › Section 25-4-1905 - Confidentiality of information collected

(1)
The department shall compile, analyze, and evaluate the information and data submitted to the registry.
(2)
All information obtained from or concerning a veteran or an individual on the registry shall be confidential; except that release may be made of such information for statistical purposes in a manner such that no individual person can be identified.
(3)
A physician or other qualified health-care professional, a hospital, or medical facility that complies with the provisions of this part 19 shall not be held civilly or criminally liable for providing information required by this part 19.
Amended by 2013 Ch. 120,§ 7, eff. 8/7/2013.
L. 98: Entire part added, p. 714, § 2, effective May 18. L. 2000: (1) amended, p. 462, § 5, effective August 2. L. 2013: (1) amended, (HB 13-1139), ch. 120, p. 409, § 7, effective August 7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 19 - GULF WAR SYNDROME REGISTRY (§§ 25-4-1901 — 25-4-1906) › Section 25-4-1906 - Gulf war syndrome registry fund

The department is authorized to accept and expend grants, donations, and gifts-in-kind from private and public sources for the purposes of maintaining and publicizing the registry created in this part 19; except that the registry shall not be implemented until sufficient grants, donations, and gifts are obtained to support its implementation. Once sufficient funds are obtained to implement the registry, the department shall contract with a private entity to perform any of its duties concerning the registry. Any grants, donations, and gifts shall be credited to the gulf war syndrome registry fund, which fund is hereby created in the state treasury. The moneys in said fund shall be subject to annual appropriation by the general assembly for the purpose of implementing the gulf war syndrome registry. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.
L. 98: Entire part added, p. 714, § 2, effective May 18.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 20 - HEPATITIS C EDUCATION AND SCREENING PROGRAM (§§ 25-4-2001 — 25-4-2005) › Section 25-4-2001 - Short title

This part 20 shall be known and may be cited as the "Hepatitis C Program Act".
L. 99: Entire part added, p. 1067, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 20 - HEPATITIS C EDUCATION AND SCREENING PROGRAM (§§ 25-4-2001 — 25-4-2005) › Section 25-4-2003 - Definitions

As used in this part 20, unless the context otherwise requires:
(1)
"CDC" means the centers for disease control and prevention.
(2)
"Department" means the department of public health and environment.
(3)
"Health-care professional" means any person licensed in this state or any other state to practice medicine, chiropractic, nursing, physical therapy, podiatry, dentistry, pharmacy, optometry, or other healing arts. The term includes any professional corporation or other professional entity comprised of such health-care providers as permitted by the laws of this state, as well as certified addiction counselors.
(4)
"Hepatitis C" means a liver disease caused by the hepatitis C virus and is also known as non-A-non-B hepatitis.
(5)
"Outreach service" means services including, but not limited to, provision of educational materials and information on screening and provision of counseling services.
(6)
"Program" means the hepatitis C program created in this part 20.
(7)
"Screening" means administration of an examination or test exclusively for the purpose of ascertaining the existence of any physiological abnormality that might be indicative of the presence of disease.
Amended by 2017 Ch. 263,§ 194, eff. 5/25/2017.
L. 99: Entire part added, p. 1069, § 1, effective July 1. L. 2017: (3) amended, (SB 17-242), ch. 263, p. 1326, § 194, effective May 25.
For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 20 - HEPATITIS C EDUCATION AND SCREENING PROGRAM (§§ 25-4-2001 — 25-4-2005) › Section 25-4-2005 - Hepatitis C testing - recommendations - definitions

(1)
The department recommends that each primary health-care provider or physician, physician assistant, or nurse practitioner who treats a patient in an inpatient or outpatient setting offer a person born between the years of 1945 and 1965 a hepatitis C screening test or hepatitis C diagnostic test unless the health care provider providing such services reasonably believes that:
(a)
The patient is being treated for a life-threatening emergency;
(b)
The patient has previously been offered or has been the subject of a hepatitis C screening; or
(c)
The patient lacks capacity to consent to a hepatitis C screening test.
(2)
If a patient accepts the offer of a hepatitis C screening test and the screening test is reactive, the health-care provider may either offer the patient follow-up health care or refer the individual to a health-care provider who can provide follow-up health care, including a hepatitis C diagnostic test.
(3)
The health-care provider shall make the offer of a hepatitis C screening to the patient in a linguistically and culturally appropriate manner, as determined by rules promulgated by the department.
(4)
Nothing in this section affects the scope of practice of a health-care provider or diminishes any authority or legal or professional obligation of a health-care provider to offer a hepatitis C screening test or hepatitis C diagnostic test or to provide services or care for the subject of a hepatitis C screening test or hepatitis C diagnostic test.
(5)
As used in this section, unless the context otherwise requires:
(a)
"Hepatitis C diagnostic test" means a laboratory test or tests that detect the presence of hepatitis C virus in the blood and provide confirmation of whether the patient has a hepatitis C infection.
(b)
"Hepatitis C screening test" means a federal food and drug administration-approved rapid point of care test or other food and drug administration-approved tests that detect the presence of hepatitis C virus antibodies in the blood.
Added by 2014 Ch. 233,§ 2, eff. 8/6/2014.
L. 2014: Entire section added, (SB 14-173), ch. 233, p. 863, § 2, effective August 6.
For the legislative declaration in SB 14-173, see section 1 of chapter 233, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 21 - BODY ARTISTS (§§ 25-4-2101 — 25-4-2103) › Section 25-4-2101 - Powers and duties of department - rules

In addition to any other powers and duties, the department of public health and environment shall promulgate rules governing the safe and sanitary practice of body art, the safe and sanitary physical environment where body art is performed, and the safe and sanitary conditions of equipment utilized in body art procedures. Nothing in this section shall be construed to prohibit a city, county, or district board of health established pursuant to part 5 of article
1
of this title, or a county or district public health agency established pursuant to part 5 of article
1
of this title, from adopting or enforcing ordinances, resolutions, or rules that impose standards for body art that are at least as stringent as the standards imposed by the rules adopted by the department of public health and environment.
L. 2000: Entire part added, p. 765, § 2, effective May 23. L. 2008: Entire section amended, p. 2053, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 21 - BODY ARTISTS (§§ 25-4-2101 — 25-4-2103) › Section 25-4-2102 - Penalties for violations

Upon a finding by the department of public health and environment or a local board of health that a body art facility is in violation of any rule adopted pursuant to section
25-4-2101
, the department or local board of health may assess a penalty not to exceed two hundred fifty dollars for each day of a violation. Each day of a violation shall be considered a separate offense. The department or local board of health shall consider the degree of danger to the public caused by the violation, the duration of the violation, and whether such facility has committed any similar violations.
L. 2000: Entire part added, p. 766, § 2, effective May 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 21 - BODY ARTISTS (§§ 25-4-2101 — 25-4-2103) › Section 25-4-2103 - Parental consent for minors

No body artist shall perform a body art procedure upon a minor unless the body artist has received express consent from the minor's parent or guardian. Failure to obtain such permission before performing body art procedures on a minor shall constitute a petty offense punishable by a fine of two hundred fifty dollars.
L. 2000: Entire part added, p. 766, § 2, effective May 23.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 22 - HEALTH DISPARITIES GRANT PROGRAM (§§ 25-4-2201 — 25-4-2209) › Section 25-4-2202 - Definitions

As used in this part 22, unless the context otherwise requires:
(1)
"Commission" means the health equity commission created in section
25-4-2206
.
(2)
Repealed.
(3)
"Department" means the department of public health and environment.
(3.3)
"Equity strategic plan" means a strategic plan that identifies for certain state agencies the priorities, obstacles, goals, and timelines necessary to address identified health disparities in each agency's respective area of work and influence.
(3.5)
"Health disparities" means differences in health status, access to care, and quality of care as determined by race, ethnicity, sexual orientation, gender identity, gender expression, disability status, aging population, socioeconomic status, and other factors.
(3.7)
"Health equity" means achieving the highest level of health for all people and entails focused efforts to address avoidable inequalities by equalizing those conditions for health for all groups, especially for those that have experienced socioeconomic disadvantages or historical injustices.
(4)
"Office" means the office of health equity created in section
25-4-2204
.
(4.5)
"Social determinants of health" means life-enhancing resources, such as food, housing, economic and social relationships, transportation, education, and health care, whose distribution across populations effectively determines the length and quality of life.
(5)
"State board" means the state board of health created in section
25-1-103
.
Amended by 2021 Ch. 156,§37, eff. 9/7/2021.
Amended by 2021 Ch. 429,§3, eff. 7/6/2021.
Amended by 2013 Ch. 25,§2, eff. 8/7/2013.
L. 2005: Entire part added, p. 941, § 29, effective June 2. L. 2007: Entire section amended, p. 904, § 2, effective May 15. L. 2013: (1) and (4) amended, (2) repealed, and (3.5), (3.7), and (4.5) added, (HB 13-1088), ch. 60, p. 60, §2, effective August 7. L. 2021: (3.3) added, (SB 21-181), ch. 2840, p. 2840, § 3, effective July 6; (3.5) amended, (HB 21-1108), ch. 896, p. 896, § 37, effective September 7.
2021 Ch. 156, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 22 - HEALTH DISPARITIES GRANT PROGRAM (§§ 25-4-2201 — 25-4-2209) › Section 25-4-2204 - Office of health equity - creation

(1)
There is hereby created in the department of public health and environment the office of health equity. The executive director of the department, subject to the provisions of section 13 of article XII of the state constitution, shall appoint the director of the office, who shall be the head of the office.
(2)
The office and the director of the office are
type 2
entities, as defined in section
24-1-105
, and exercise their powers and perform their duties and functions specified in this part 22 under the department.
Amended by 2022 Ch. 469,§47, eff. 8/10/2022.
Amended by 2013 Ch. 25,§4, eff. 8/7/2013.
L. 2007: Entire section added, p. 905, § 3, effective May 15. L. 2013: (1) amended, (HB 13-1088), ch. 25, p. 61, § 4, effective August 7.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Article 4 - DISEASE CONTROL (§§ 25-4-101 — 25-4-2504) › Part 22 - HEALTH DISPARITIES GRANT PROGRAM (§§ 25-4-2201 — 25-4-2209) › Section 25-4-2207 - [Repealed]

Repealed by 2013 Ch. 25,§7, eff. 8/7/2013.
L. 2007: Entire section added, p. 907, § 3, effective May 15. L. 2013: Entire section repealed, (HB 13-1088), ch. 25, p. 64, § 7, effective August 7.