HOUSE BILL 23-1009
BY REPRESENTATIVE(S) Lindsay, Amabile, Bacon, Bird, Boesenecker,
Brown, deGruy Kennedy, Dick son, English, Epps, Garcia,
Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lukens, McCormick,
McLachlan, Michaelson Jenet, Ricks, Sharbini, Snyder, Titone, Willford,
Young, McCluskie, Kipp, Mabrey, Valdez;
also SENATOR(S) Moreno, Buckner, Coleman, Cutter, Exum, Fields,
Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Marchman, Priola,
Winter F., Zenzinger, Fenberg.
C
ONCERNING MEASURES TO IMPROVE SERVICES FOR STUDENTS WHO USE
SUBSTANCES
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Substance use is a major issue afflicting Colorado youth;
(b) Colorado has higher levels of substance use, particularly among
youth, than most other states;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (c) Colorado schools' substance use intervention programs lack
uniformity, resulting in inequitable interventions and treatment referrals for
youth;
(d) A screening, brief intervention, and referral to treatment
methodology has been adopted by schools with school-based health centers,
and this methodology has revolutionized substance use treatment for youth;
(e) The screening, brief intervention, and referral to treatment
methodology, if modified appropriately, may be implemented in secondary
schools without school-based health centers in order to provide more
support to youth who use substances;
(f) Access to the crisis response system is critical for youth suffering
from behavioral health and substance use crises; and
(g) Adequate funding for the crisis response system is necessary to
ensure that youth suffering from behavioral health and substance use crises
may seek and receive timely support in order to prevent avoidable
outcomes.
SECTION 2. In Colorado Revised Statutes, add 22-2-148 as
follows:
22-2-148. Secondary school student substance use - committee
- definitions - repeal. (1) (a) T
HERE IS CREATED IN THE DEPARTMENT THE
SECONDARY SCHOOL STUDENT SUBSTANCE USE COMMITTEE
, REFERRED TO
IN THIS SECTION AS THE
"COMMITTEE". ON OR BEFORE SEPTEMBER 1, 2023,
THE COMMISSIONER SHALL APPOINT THE FOLLOWING MEMBERS TO SERVE ON
THE COMMITTEE
:
(I) T
WO MEMBERS WHO ARE STUDENTS AT A PUBLIC SECONDARY
SCHOOL
, ONE WHO ATTENDS A SCHOOL THAT IS LOCATED IN A RURAL SCHOOL
DISTRICT AND ONE WHO ATTENDS A SC HOOL THAT IS NOT LOCATED IN A
RURAL SCHOOL DISTRICT
;
(II) T
WO MEMBERS WHO ARE TEACHERS AT A PUBLIC SECONDARY
SCHOOL
, ONE WHO TEACHES AT A SCHOOL THAT IS LOCATED IN A RURAL
SCHOOL DISTRICT AND ONE WHO TEACHES AT A SCHOOL THAT IS NOT
PAGE 2-HOUSE BILL 23-1009 LOCATED IN A RURAL SCHOOL DISTRICT ;
(III) T
WO MEMBERS WHO ARE LICENSED SPECIAL SERVICES
PROVIDERS WITH A SCHOOL COUNSELOR ENDORSEMENT AT A PUBLIC
SECONDARY SCHOOL WHOSE RESPONSIBILITIES INCLUDE MENTAL HEALTH
COUNSELING
, ONE WHO IS A LICENSED SPECIAL SERVICES PROVIDER WITH A
SCHOOL COUNSELOR ENDORSEMENT AT A SCHOOL THAT IS LOCATED IN A
RURAL SCHOOL DISTRICT AND ONE WHO IS A LICENSED SPECIAL SERVICES
PROVIDER WITH A SCHOOL COUNSELOR ENDORSEMENT AT A SCHOOL THAT IS
NOT LOCATED IN A RURAL SCHOOL DISTRICT
;
(IV) T
WO MEMBERS WHO ARE SCHOOL ADMINISTRATORS AT A PUBLIC
SECONDARY SCHOOL
, ONE WHO IS A SCHOOL ADMINISTRATOR AT A SCHOOL
THAT IS LOCATED IN A RURAL SCHOOL DISTRICT AND ONE WHO IS A SCHOOL
ADMINISTRATOR AT A SCHOOL THAT IS NOT LOCATED IN A RURAL SC HOOL
DISTRICT
;
(V) T
WO MEMBERS WHO ARE PARENTS OR LEGAL GUARDIANS OF A
STUDENT ATTENDING A PUBLIC SECONDARY SCHOOL
, ONE WHO IS A PARENT
OR LEGAL GUARDIAN OF A STUDENT A TTENDING A SCHOOL THAT IS LOCATED
IN A RURAL SCHOOL DISTRICT AND ONE WHO IS A PARENT OR LEGAL
GUARDIAN OF A STUDENT ATTENDING A SCHOOL THAT IS NOT LOCATED IN A
RURAL SCHOOL DISTRICT
;
(VI) T
WO MEMBERS WHO ARE LICENSED MEDICAL PROFESSIONALS
WITH EXPERTISE IN ADOLESCENT SUBSTANCE USE DISORDERS
, ONE WHO
PRACTICES IN A RURAL REGION AND ONE WHO PRACTICES IN AN URBAN OR
SUBURBAN REGION
;
(VII) T
WO MEMBERS WHO ARE SCHOOL NURSES , ONE WHO IS A
SCHOOL NURSE AT A SCHOOL THAT IS LOCATED IN A RURAL SCHOOL DISTRICT
AND ONE WHO IS A SCHOOL NURSE AT A SCHOOL THAT IS NOT LOCATED IN A
RURAL SCHOOL DISTRICT
;
(VIII) T
WO MEMBERS WHO ARE EXPERTS IN THE PRACTICE OF
SUBSTANCE USE SCREENING
, BRIEF INTERVENTION, AND REFERRAL TO
TREATMENT
, ONE WHO PRACTICES IN A RURAL REGION AND ONE WHO
PRACTICES IN AN URBAN OR SUBURBAN REGION
;
(IX) O
NE MEMBER WHO REPRESENTS THE OFFICE OF CHILDREN ,
PAGE 3-HOUSE BILL 23-1009 YOUTH, AND FAMILIES IN THE DEPARTMENT OF HUMAN SERVICES ; AND
(X) ONE MEMBER WHO REPRESENTS THE PREVENTION SERVICES
DIVISION WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
.
(b) T
O THE EXTENT PRACTICABLE , THE MEMBERSHIP OF THE
COMMITTEE MUST INCLUDE PERSONS FROM THROUGHOUT THE STATE AND
REFLECT THE RACIAL
, ETHNIC, AND GEOGRAPHIC DIVERSITY OF THE STATE .
(c) M
EMBERS OF THE COMMITTEE SERVE AT THE PLEASURE OF THE
COMMISSIONER
, AND SERVE WITHOUT COMPENSATION OR PER DIEM ; EXCEPT
THAT MEMBERS OF THE COMMITTEE ARE ENTITLED TO REIMBURSEMENT FOR
REASONABLE AND NECESSARY EXPENSES INCURRED IN PERFORMING THEIR
DUTIES UNDER THIS SECTION
, INCLUDING MILEAGE REIMBURSEMENT .
(2) T
HE COMMITTEE SHALL DEVELOP A PRACTICE , OR IDENTIFY OR
MODIFY AN EXISTING PRACTICE
, FOR SECONDARY SCHOOLS TO IMPLEMENT
THAT IDENTIFIES STUDENTS
' SUBSTANCE USE, OFFERS BRIEF INTERVENTION
WITH INFORMATION REGARDING SUBSTANCE USE AND CONSEQUENTIAL
HEALTH RISKS
, AND REFERS THE STUDENTS TO SUBSTANCE USE TREATMENT
RESOURCES
. THE COMMITTEE SHALL CONSIDER EXISTING AND AVAILABLE
INFORMATION CONCERNING SECONDARY SCHOOL STUDENT SUBSTANCE USE
IN
COLORADO, AND HOW THE PRACTICE MUST ADDRESS THE CHALLENGES ,
RESOURCES, AND NEEDS IDENTIFIED FROM THE EXISTING AND AVAILABLE
INFORMATION
.
(3) O
N OR BEFORE JANUARY 5, 2024, THE COMMITTEE SHALL SUBMIT
A REPORT TO THE DEPARTMENT THAT DETAILS THE RECOMMENDED PRACTICE
PURSUANT TO SUBSECTION
(2) OF THIS SECTION. THE DEPARTMENT SHALL
PUBLISH THE REPORT ON ITS WEBSITE AND SUBMIT THE REPORT TO THE
SUPERINTENDENT OF EVERY SCHOOL DISTRICT AND THE CHIEF
ADMINISTRATOR OF EVERY INSTITUTE CHARTER SCHOOL THAT IS A
SECONDARY SCHOOL
.
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "L
ICENSED MEDICAL PROFESSIONAL" MEANS A PSYCHOLOGIST OR
PHYSICIAN LICENSED TO PRACTICE IN
COLORADO.
PAGE 4-HOUSE BILL 23-1009 (b) "RURAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT IN
COLORADO THAT THE DEPARTMENT DETERMINES IS RURAL , BASED ON THE
GEOGRAPHIC SIZE OF THE SCHOOL DISTRICT AND THE DISTANCE OF THE
SCHOOL DISTRICT FROM THE NEAREST LARGE
, URBANIZED AREA.
(c) "S
ECONDARY SCHOOL" MEANS A MIDDLE SCHOOL, JUNIOR HIGH
SCHOOL
, OR HIGH SCHOOL.
(d) "S
UBSTANCE USE" MEANS THE USE OF ALCOHOL , TOBACCO,
CONTROLLED SUBSTANCES , OR PRESCRIPTION MEDICATION.
(5) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2025.
SECTION 3. Appropriation. For the 2023-24 state fiscal year,
$49,950 is appropriated to the department of education. This appropriation
is from the general fund and is based on an assumption that the department
will require an additional 0.2 FTE. To implement this act, the department
may use this appropriation for a secondary school student substance use
committee.
SECTION 4. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 5-HOUSE BILL 23-1009 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 23-1009