Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0566.01 Sarah Lozano x3858
HOUSE BILL 24-1253
House Committees Senate Committees
Health & Human Services Finance
Finance Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATIO N OF THE REGULATION OF101
RESPIRATORY THERAPY , AND, IN CONNECTION THEREWITH ,102
IMPLEMENTING THE RE COMMENDATIONS IN THE 2023 SUNSET103
REPORT BY THE DEPARTMENT OF REGULATORY AGENCIES .104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - House Health and Human Services
Committee. The bill implements the recommendations of the department
of regulatory agencies (department), as specified in the department's
SENATE
3rd Reading Unamended
April 24, 2024
SENATE
2nd Reading Unamended
April 23, 2024
HOUSE
3rd Reading Unamended
April 11, 2024
HOUSE
2nd Reading Unamended
April 10, 2024
HOUSE SPONSORSHIP
English and Holtorf, Duran, Hamrick, Snyder, Woodrow
SENATE SPONSORSHIP
Ginal,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. sunset review of the regulation of respiratory therapy, as follows:
! Sections 1 and 2 of the bill continue the regulation of
respiratory therapy for 11 years, until September 1, 2035;
! The definition of respiratory therapy in current law
includes certain treatments of patients pursuant to a
prescription issued by a physician, advanced practice
registered nurse, or certified midwife. Section 3 expands
the definition to also include a prescription issued by a
physician assistant.
! Current law exempts an unregistered polysomnographic
technologist (technologist) who practices respiratory
therapy from the state regulatory requirements for
respiratory therapists if the technologist is practicing under
the supervision of a respiratory therapist, physician, or
certain other practitioner. Section 4 narrows this exemption
to practices that do not exceed oxygen titration with pulse
oximetry and noninvasive positive pressure ventilation
titration.
! Sections 5 and 6 repeal an obsolete provision and a
redundant provision.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, amend 12-300-1162
as follows:3
12-300-116. Repeal of article - review of functions. This article4
300 is repealed, effective September 1, 2024
SEPTEMBER 1, 2035. Before5
the repeal, the licensure functions of the director under this article 300 are6
scheduled for review in accordance with section 24-34-104.7
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal8
(25)(a)(XI); and add (36) as follows:9
24-34-104. General assembly review of regulatory agencies10
and functions for repeal, continuation, or reestablishment - legislative11
declaration - repeal. (25) (a) The following agencies, functions, or both,12
are scheduled for repeal on September 1, 2024:13
(XI) The licensing and regulation of respiratory therapists by the14
1253-2- division of professions and occupations in the department of regulatory1
agencies in accordance with article 300 of title 12;2
(36) (a) T
HE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, ARE3
SCHEDULED FOR REPEAL ON SEPTEMBER 1, 2035:4
(I) T
HE LICENSING AND REGULATION OF RESPIRATORY THERAPISTS5
BY THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT6
OF REGULATORY AGENCIES IN ACCORDANCE WITH ARTICLE 300 OF TITLE7
12;8
(b) T
HIS SUBSECTION (36) IS REPEALED, EFFECTIVE SEPTEMBER 1,9
2037.10
SECTION 3. In Colorado Revised Statutes, 12-300-104, amend11
(3)(c), (3)(d)(II), and (3)(e) as follows:12
12-300-104. Definitions. As used in this article 300, unless the13
context otherwise requires:14
(3) "Respiratory therapy" means providing therapy, management,15
rehabilitation, support services for diagnostic evaluation, and care of16
patients with deficiencies and abnormalities that affect the pulmonary17
system under the overall direction of a medical director. Respiratory18
therapy includes the following:19
(c) Direct and indirect respiratory care services, including the20
administration of pharmacological, diagnostic, and therapeutic agents21
related to respiratory care procedures necessary to implement a treatment,22
disease prevention, and pulmonary rehabilitative or diagnostic regimen23
prescribed by a physician,
A PHYSICIAN ASSISTANT, an advanced practice24
registered nurse, or a certified midwife;25
(d) Observation and monitoring of signs, symptoms, reactions,26
general behavior, and general physical response to respiratory care27
1253
-3- treatment and diagnostic testing for:1
(II) The implementation based on observed abnormalities of2
appropriate reporting, referral, or respiratory care protocols or changes in3
treatment regimen pursuant to a prescription by a physician,
A PHYSICIAN4
ASSISTANT, an advanced practice registered nurse, or a certified midwife5
or the initiation of emergency procedures;6
(e) The diagnostic and therapeutic use of the following in7
accordance with the prescription of a physician,
A PHYSICIAN ASSISTANT,8
an advanced practice registered nurse, or a certified midwife:9
(I) Administration of medical gases, exclusive of general10
anesthesia;11
(II) Aerosols;12
(III) Humidification;13
(IV) Environmental control systems and biomedical therapy;14
(V) Pharmacologic agents related to respiratory care procedures;15
(VI) Mechanical or physiological ventilatory support;16
(VII) Bronchopulmonary hygiene;17
(VIII) Respiratory protocol and evaluation;18
(IX) Cardiopulmonary resuscitation;19
(X) Maintenance of the natural airways;20
(XI) Insertion and maintenance of artificial airways;21
(XII) Diagnostic and testing techniques required for22
implementation of respiratory care protocols;23
(XIII) Collection of specimens from the respiratory tract; or24
(XIV) Analysis of blood gases and respiratory secretions and25
participation in cardiopulmonary research; and26
SECTION 4. In Colorado Revised Statutes, 12-300-112, amend27
1253
-4- (1)(a)(III) as follows:1
12-300-112. Exceptions. (1) This article 300 does not prohibit:2
(a) (III) The practice of respiratory therapy by polysomnographic3
technologists who are not registered by or do not hold credentials from a4
nationally recognized organization, but those polysomnographic5
technologists shall only practice under the supervision of a respiratory6
therapist, a physician, or an individual exempted from the provisions of7
this article 300 pursuant to subsection (1)(g) of this section,
AND THOSE8
POLYSOMNOGRAPHIC TECHNOLOGISTS ' SCOPE OF PRACTICE MUST NOT9
EXCEED OXYGEN TITRATION WITH PULSE OXIMETRY AND NONINVASIVE10
POSITIVE PRESSURE VENTILATION TITRATION .11
SECTION 5. In Colorado Revised Statutes, 12-300-107, amend12
(2) as follows:13
12-300-107. License - effectiveness - fee. (2) The director shall14
issue a license to practice respiratory therapy to an applicant who15
otherwise meets the qualifications set forth in this article 300 and who16
submits satisfactory proof and certifies under penalty of perjury that the17
applicant is either:18
(a) Eligible for licensure by endorsement pursuant to the19
occupational credential portability program;
OR20
(b) Holding credentials conferred by a national respiratory therapy21
credentialing body, as determined by the director, which credentials have22
not been suspended or revoked. or
23
(c) Functioning in the capacity of a respiratory therapist as of July24
1, 2000, and has successfully passed, no later than July 1, 2001, the25
certification or registration examination of a national respiratory therapy26
credentialing body, as determined by the director.27
1253
-5- SECTION 6. In Colorado Revised Statutes, amend 12-300-1081
as follows:2
12-300-108. Renewal of license. (1) At least sixty calendar days3
prior to the expiration of a license, the director shall notify the licensee of4
the pending expiration. The director shall make an expiration notice and5
a renewal form available to the licensee. Before the expiration date, the6
licensee shall complete the renewal form and return it to the division with7
the renewal fee.8
(2) Licenses issued pursuant to this article 300 are subject to the9
renewal, expiration, reinstatement, and delinquency fee provisions10
specified in section 12-20-202 (1) and (2). Any person whose license has11
expired shall be IS subject to the penalties provided in this article 300 or12
section 12-20-202 (1).13
SECTION 7. Act subject to petition - effective date. This act14
takes effect at 12:01 a.m. on the day following the expiration of the15
ninety-day period after final adjournment of the general assembly; except16
that, if a referendum petition is filed pursuant to section 1 (3) of article V17
of the state constitution against this act or an item, section, or part of this18
act within such period, then the act, item, section, or part will not take19
effect unless approved by the people at the general election to be held in20
November 2024 and, in such case, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
1253
-6-