2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-82-205) › Article 80 - ALCOHOL AND SUBSTANCE USE - ALCOHOL AND SUBSTANCE USE DISORDERS (§§ 27-80-101 — 27-80-306) › Part 1 - PROGRAMS AND SERVICES (§§ 27-80-101 — 27-80-129) › Section 27-80-116 - [Effective 8/7/2024] Fetal alcohol spectrum disorders - legislative declaration - health warning signs - federal funding

(1)
The general assembly finds and declares that:
(a)
Fetal alcohol exposure is the leading known cause of preventable intellectual and developmental disabilities and birth defects in the children of this state;
(b)
Individuals with undiagnosed fetal alcohol spectrum disorders suffer substantially from secondary issues such as child abuse and neglect, separation from families, multiple foster placements, depression, aggression, school failure, juvenile detention, and job instability;
(b.5)
Compared to individuals diagnosed before age twelve, individuals with undiagnosed FASD are two to four times more likely to suffer from inappropriate sexual behavior; disrupted school experiences; trouble with the law; alcohol and substance problems or disorders; or confinement in a jail, a hospital or treatment facility for persons with behavioral or mental health disorders, or a substance use disorder treatment facility;
(c)
These secondary disabilities come at a high cost to individuals, their families, and society;
(d)
A survey performed in 2006 by the Colorado pregnancy risk assessment system estimated that eleven and two-tenths percent of women in Colorado said that they drank alcohol during the last three months of their pregnancy; and
(e)
The commission should evaluate the current use and distribution of written and electronic informational materials designed to increase awareness of the consequences of drinking alcohol while pregnant and should investigate additional means by which such written and electronic materials might best be used.
(2)
The general assembly therefore declares that fetal alcohol exposure and its related problems can be reduced substantially by a greater awareness of the consequences of drinking alcohol while pregnant and by early diagnosis and receipt of appropriate and effective intervention.
(3)
Each person licensed pursuant to section
44-3-401 (1)(h) to (1)(t)
or
44-3-401 (1)(v)
to sell malt, vinous, and spirituous liquors or licensed pursuant to section
44-4-104 (1)(c)
to sell fermented malt beverages is hereby encouraged to post a health warning sign informing patrons that the consumption of alcohol during pregnancy may cause birth defects, including fetal alcohol spectrum disorders.
(4)
Repealed.
(5)
The behavioral health administration is authorized to apply for federal funding for fetal alcohol spectrum disorder programs and to receive and disburse the federal funds to public and private nonprofit organizations.
Amended by 2024 Ch. 470,§ 29, eff. 8/7/2024.
Amended by 2018 Ch. 152, § 16, eff. 10/1/2018.
L. 2010: Entire article added with relocations, (SB 10 -175), ch. 188, p. 728, § 2, effective April 29. L. 2011: Entire section amended, (HB 11 - 11 44), ch. 65, p. 170, § 2, effective August 10. L. 2015: (3) and (4)(c) amended, (HB 15-1204), ch. 121, p. 374, § 23, effective April 24. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 783, § 80, effective June 6. L. 2017: IP(1) and (1)(b.5) amended, (SB 17-242), ch. 263, p. 1359, § 264, effective May 25. L. 2018: (3) amended, (HB 18-1025), ch. 152, p. 1080, § 16, effective October 1.
(1) This section is similar to former § 25-1-216 as it existed prior to 2010.
(2) Subsection (4)(e) provided for the repeal of subsection (4), effective June 30, 2015. (See L. 2011, p. 170 .)
2024 Ch. 470, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 65, Session Laws of Colorado 2011. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.