2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR I - DEPARTMENT OF LABOR AND EMPLOYMENT (§§ 8-1-101 — 8-20.5-401) › LABOR RELATIONS (§§ 8-2-101 — 8-3.8-101) › Article 2 - LABOR RELATIONS, GENERALLY (§§ 8-2-101 — 8-2-206) › Part 1 - GENERAL PROVISIONS (§§ 8-2-101 — 8-2-132) › Section 8-2-111.6 - Health-care employers - immunity from civil liability - requirements - exception to blacklisting prohibition - legislative declaration

(1)
The general assembly hereby finds, determines, and declares that the intent and purpose of sections
8-2-110
and
8-2-111
, which prohibit the maintenance or use of blacklists, is to protect employees from retribution and harassment in the pursuit of their lawful activities. The general assembly further finds, determines, and declares that, in the area of health care, these prohibitions against blacklisting have in some instances been abused and have been used as a shield by persons responsible for drug violations or for patient endangerment.
(2)
In response to a request by a prospective or current employer of a health-care worker, it is neither unlawful nor a violation of the prohibitions against blacklisting specified in sections
8-2-110
and
8-2-111
for an employer, when acting in good faith, to disclose information known about any involvement in drug diversion, drug tampering, patient abuse, violation of drug or alcohol policies of the employer, or crimes of violence as listed in section
18-1.3-406(2)(a)
, C.R.S., by the health-care worker who is an employee or a former employee of the responding employer.
(3)
(a)
(I)
An employer who provides information in accordance with subsection (2) of this section is immune from civil liability for providing the information or for any consequences that result from the disclosure of the information unless the health-care worker shows by a preponderance of the evidence that the information is false and the employer providing the information knew or reasonably should have known that the information is false.
(II)
The provision of employment information in accordance with subsection (2) of this section does not constitute blacklisting under section
8-2-110
or
8-2-111
, nor does it constitute an unfair labor practice in violation of article
3
of this title.
(b)
This subsection (3) applies to any employee, agent, or other representative of the responding employer who is authorized to provide and provides information to an employer in accordance with subsection (2) of this section.
(4)
An employer or any officer, director, employee, or representative of the employer who discloses information under this section shall be presumed to be acting in good faith unless it is shown by a preponderance of the evidence that the facility, officer, director, employee, or representative of the employer intentionally or recklessly disclosed false information about the employee or former employee.
(5)
For the purposes of this section, "health-care worker" means any person registered, certified, or licensed pursuant to articles
200
to
225
,
235
to
300
, and
310
of title
12
or article
3.5
of title
25
, or any person who interacts directly with a patient or assists with the patient care process, who is currently employed by, or is a prospective employee of, the employer making the inquiry.
Amended by 2019 Ch. 136,§ 17, eff. 10/1/2019.
L. 2011: Entire section added, (HB 11-1148), ch. 99, p. 99, § 1, effective July 1. L. 2012: (5) amended, (HB 12-1311), ch. 1608, p. 1608, § 6, effective July 1. L. 2019: (5) amended, (HB 19-1172), ch. 1646, p. 1646, § 17, effective October 1.