HOUSE BILL 24-1253
BY REPRESENTATIVE(S) English and Holtorf, Duran, Hamrick, Snyder,
Woodrow;
also SENATOR(S) Ginal.
C
ONCERNING THE CONTINUATION OF THE REGULATION OF RESPIRATORY
THERAPY
, AND, IN CONNECTION THEREWITH , IMPLEMENTING THE
RECOMMENDATIONS IN THE
2023 SUNSET REPORT BY THE
DEPARTMENT OF REGULATORY AGENCIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 12-300-116 as
follows:
12-300-116. Repeal of article - review of functions. This article
300 is repealed, effective September 1, 2024
SEPTEMBER 1, 2035. Before
the repeal, the licensure functions of the director under this article 300 are
scheduled for review in accordance with section 24-34-104.
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal
(25)(a)(XI); and add (36) as follows:
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. 24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (25) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2024:
(XI) The licensing and regulation of respiratory therapists by the
division of professions and occupations in the department of regulatory
agencies in accordance with article 300 of title 12;
(36) (a) THE FOLLOWING AGENCIES , FUNCTIONS, OR BOTH, ARE
SCHEDULED FOR REPEAL ON
SEPTEMBER 1, 2035:
(I) T
HE LICENSING AND REGULATION OF RESPIRATORY THERAPISTS
BY THE DIVISION OF PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT
OF REGULATORY AGENCIES IN ACCORDANCE WITH ARTICLE
300 OF TITLE 12;
(b) T
HIS SUBSECTION (36) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2037.
SECTION 3. In Colorado Revised Statutes, 12-300-104, amend
(3)(c), (3)(d)(II), and (3)(e) as follows:
12-300-104. Definitions. As used in this article 300, unless the
context otherwise requires:
(3) "Respiratory therapy" means providing therapy, management,
rehabilitation, support services for diagnostic evaluation, and care of
patients with deficiencies and abnormalities that affect the pulmonary
system under the overall direction of a medical director. Respiratory therapy
includes the following:
(c) Direct and indirect respiratory care services, including the
administration of pharmacological, diagnostic, and therapeutic agents
related to respiratory care procedures necessary to implement a treatment,
disease prevention, and pulmonary rehabilitative or diagnostic regimen
prescribed by a physician,
A PHYSICIAN ASSISTANT, an advanced practice
registered nurse, or a certified midwife;
(d) Observation and monitoring of signs, symptoms, reactions,
general behavior, and general physical response to respiratory care
PAGE 2-HOUSE BILL 24-1253 treatment and diagnostic testing for:
(II) The implementation based on observed abnormalities of
appropriate reporting, referral, or respiratory care protocols or changes in
treatment regimen pursuant to a prescription by a physician,
A PHYSICIAN
ASSISTANT
, an advanced practice registered nurse, or a certified midwife or
the initiation of emergency procedures;
(e) The diagnostic and therapeutic use of the following in
accordance with the prescription of a physician,
A PHYSICIAN ASSISTANT, an
advanced practice registered nurse, or a certified midwife:
(I) Administration of medical gases, exclusive of general anesthesia;
(II) Aerosols;
(III) Humidification;
(IV) Environmental control systems and biomedical therapy;
(V) Pharmacologic agents related to respiratory care procedures;
(VI) Mechanical or physiological ventilatory support;
(VII) Bronchopulmonary hygiene;
(VIII) Respiratory protocol and evaluation;
(IX) Cardiopulmonary resuscitation;
(X) Maintenance of the natural airways;
(XI) Insertion and maintenance of artificial airways;
(XII) Diagnostic and testing techniques required for implementation
of respiratory care protocols;
(XIII) Collection of specimens from the respiratory tract; or
(XIV) Analysis of blood gases and respiratory secretions and
PAGE 3-HOUSE BILL 24-1253 participation in cardiopulmonary research; and
SECTION 4. In Colorado Revised Statutes, 12-300-112, amend
(1)(a)(III) as follows:
12-300-112. Exceptions. (1) This article 300 does not prohibit:
(a) (III) The practice of respiratory therapy by polysomnographic
technologists who are not registered by or do not hold credentials from a
nationally recognized organization, but those polysomnographic
technologists shall only practice under the supervision of a respiratory
therapist, a physician, or an individual exempted from the provisions of
this
article 300 pursuant to subsection (1)(g) of this section,
AND THOSE
POLYSOMNOGRAPHIC TECHNOLOGISTS
' SCOPE OF PRACTICE MUST NOT
EXCEED OXYGEN TITRATION WITH PULSE OXIMETRY AND NONINVASIVE
POSITIVE PRESSURE VENTILATION TITRATION
.
SECTION 5. In Colorado Revised Statutes, 12-300-107, amend (2)
as follows:
12-300-107. License - effectiveness - fee. (2) The director shall
issue a license to practice respiratory therapy to an applicant who otherwise
meets the qualifications set forth in this article 300 and who submits
satisfactory proof and certifies under penalty of perjury that the applicant
is either:
(a) Eligible for licensure by endorsement pursuant to the
occupational credential portability program;
OR
(b) Holding credentials conferred by a national respiratory therapy
credentialing body, as determined by the director, which credentials have
not been suspended or revoked. or
(c) Functioning in the capacity of a respiratory therapist as of July
1, 2000, and has successfully passed, no later than July 1, 2001, the
certification or registration examination of a national respiratory therapy
credentialing body, as determined by the director.
SECTION 6. In Colorado Revised Statutes, amend 12-300-108 as
follows:
PAGE 4-HOUSE BILL 24-1253 12-300-108. Renewal of license. (1) At least sixty calendar days
prior to the expiration of a license, the director shall notify the licensee of
the pending expiration. The director shall make an expiration notice and a
renewal form available to the licensee. Before the expiration date, the
licensee shall complete the renewal form and return it to the division with
the renewal fee.
(2) Licenses issued pursuant to this article 300 are subject to the
renewal, expiration, reinstatement, and delinquency fee provisions specified
in section 12-20-202 (1) and (2). Any person whose license has expired
shall be
IS subject to the penalties provided in this article 300 or section
12-20-202 (1).
SECTION 7. 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 24-1253 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 24-1253