First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0653.01 Richard Sweetman x4333
HOUSE BILL 25-1024
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIRING A MEDICAL PROFESSIONAL TO DISCLOSE101
CERTAIN INFORMATION TO PATIENTS IF THE MEDICAL102
PROFESSIONAL DELEGATES MEDICAL -AESTHETIC SERVICES TO103
AN INDIVIDUAL WHO IS NOT A LICENSED HEALTH -CARE104
PROVIDER.105
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
.)
The bill requires an individual who is licensed to practice medicine
or licensed to practice as an advanced practice registered nurse to make
HOUSE SPONSORSHIP
Willford,
SENATE SPONSORSHIP
Roberts,
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. certain disclosures to patients if the individual delegates medical-aesthetic
services to an individual who is not a licensed health-care provider.
The bill makes nonsubstantive conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 12-240-104, amend2
(6); repeal (5.8) and (5.9); and add (7), (8), (9), and (10) as follows:3
12-240-104. Definitions. As used in this article 240, unless the4
context otherwise requires:5
(5.8) "Originating site" has the meaning set forth in section6
10-16-123 (4)(b).7
(5.9) "Store-and-forward transfer" has the meaning set forth in8
section 10-16-123 (4)(c).9
(6) "Telemedicine" means the delivery of medical services10
through technologies that are used in a manner that is compliant with the11
federal "Health Insurance Portability and Accountability Act of 1996",12
Pub.L. 104-191, as amended, including information, electronic, and13
communication technologies, remote monitoring technologies, and14
store-and-forward transfers, to facilitate the assessment, diagnosis,15
consultation, or treatment of a patient while the patient is located at an16
originating site and the person who provides the services is located at a17
distant site "LICENSED HEALTH-CARE PROVIDER" MEANS AN INDIVIDUAL18
WHO IS LICENSED OR OTHERWISE AUTHORIZED BY THE STATE PURSUANT19
TO THIS TITLE 12 OR ARTICLE 3.5 OF TITLE 25 TO PROVIDE HEALTH-CARE20
SERVICES.21
(7) "M
EDICAL-AESTHETIC SERVICES" MEANS THERAPEUTIC22
PROCEDURES USED IN AESTHETICS.23
(8) "O
RIGINATING SITE" HAS THE MEANING SET FORTH IN SECTION24
HB25-1024-2- 10-16-123 (4)(b).1
(9) "S
TORE-AND-FORWARD TRANSFER " HAS THE MEANING SET2
FORTH IN SECTION 10-16-123 (4)(c).3
(10) "T
ELEMEDICINE" MEANS THE DELIVERY OF MEDICAL SERVICES4
THROUGH TECHNOLOGIES THAT ARE USED IN A MANNER THAT IS5
COMPLIANT WITH THE FEDERAL "HEALTH INSURANCE PORTABILITY AND6
A
CCOUNTABILITY ACT OF 1996", PUB.L. 104-191, INCLUDING7
INFORMATION, ELECTRONIC, AND COMMUNICATION TECHNOLOGIES ,8
REMOTE MONITORING TECHNOLOGIES , AND STORE-AND-FORWARD9
TRANSFERS, TO FACILITATE THE ASSESSMENT, DIAGNOSIS, CONSULTATION,10
OR TREATMENT OF A PATIENT WHILE THE PATIENT IS LOCATED AT AN11
ORIGINATING SITE AND THE INDIVIDUAL WHO PROVIDES THE SERVICES IS12
LOCATED AT A DISTANT SITE.13
SECTION 2. In Colorado Revised Statutes, add 12-240-147 as14
follows:15
12-240-147. Delegation of medical-aesthetic services to16
unlicensed individuals - required disclosures - applicability. (1) A
N17
INDIVIDUAL LICENSED TO PRACTICE MEDICINE UNDER THIS ARTICLE 24018
WHO DELEGATES MEDICAL -AESTHETIC SERVICES TO AN INDIVIDUAL WHO19
IS NOT A LICENSED HEALTH-CARE PROVIDER SHALL:20
(a) P
OST OR CAUSE TO BE POSTED A NOTICE IN A HIGHLY VISIBLE21
MANNER AT THE PHYSICAL LOCATION WHERE THE DELEGATED SERVICES22
OCCUR, WHICH NOTICE INDICATES:23
(I) T
HE NAME OF THE LICENSEE;24
(II) T
HE LICENSEE'S COLORADO PHYSICIAN LICENSE NUMBER ;25
(III) C
ONTACT INFORMATION FOR THE LICENSEE ; AND26
(IV) A
N ONLINE ADDRESS WHERE A PATIENT MAY FILE A27
HB25-1024
-3- COMPLAINT WITH THE BOARD ;1
(b) P
OST OR CAUSE TO BE POSTED ON THE PUBLIC WEBSITE AND ON2
ALL ADVERTISING MATERIALS OF THE UNLICENSED INDIVIDUAL A NOTICE3
THAT:4
(I) S
TATES THAT MEDICAL-AESTHETIC SERVICES ARE DELEGATED ;5
AND6
(II) I
NDICATES THE NAME AND COLORADO PHYSICIAN LICENSE7
NUMBER OF THE LICENSEE;8
(c) P
ROVIDE AN INFORMED CONSENT FORM TO EACH PATIENT ,9
WHICH FORM:10
(I) S
TATES THAT THE PATIENT IS RECEIVING MEDICAL -AESTHETIC11
SERVICES DELEGATED TO AN UNLICENSED INDIVIDUAL FROM A LICENSED12
INDIVIDUAL;13
(II) I
NCLUDES THE INFORMATION INCLUDED IN THE NOTICE14
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; AND15
(III) M
UST BE SIGNED BY THE PATIENT; AND16
(d) R
ETAIN EACH CONSENT FORM DESCRIBED IN SUBSECTION (1)(c)17
OF THIS SECTION FOR AT LEAST SEVEN YEARS.18
(2) T
HIS SECTION DOES NOT APPLY TO A FACILITY THAT IS19
REGULATED UNDER TITLE 25.20
SECTION 3. In Colorado Revised Statutes, 12-255-104, amend21
(5.6) and (5.7); and add (5.8) as follows:22
12-255-104. Definitions. As used in this article 255, unless the23
context otherwise requires:24
(5.6) "Medical facility" means a nursing facility licensed by the
25
department of public health and environment or home health agencies26
certified to receive medicare or medicaid funds, pursuant to the federal27
HB25-1024
-4- "Social Security Act", as amended, distinct part nursing facilities, or1
home health agencies or entities engaged in nurse aide practice. "Medical2
facility" does not include hospitals and other facilities licensed or3
certified pursuant to section 25-1.5-103 (1)(a) "MEDICAL-AESTHETIC4
SERVICES" MEANS THERAPEUTIC PROCEDURES USED IN AESTHETICS .5
(5.7) "Nursing facility" has the same meaning as set forth in6
section 25.5-4-103 (14) "MEDICAL FACILITY" MEANS A NURSING FACILITY7
LICENSED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR8
HOME HEALTH AGENCIES CERTIFIED TO RECEIVE MEDICARE OR MEDICAID9
FUNDS, PURSUANT TO THE FEDERAL "SOCIAL SECURITY ACT", DISTINCT10
PART NURSING FACILITIES, OR HOME HEALTH AGENCIES OR ENTITIES11
ENGAGED IN NURSE AIDE PRACTICE . "MEDICAL FACILITY" DOES NOT12
INCLUDE HOSPITALS AND OTHER FACILITIES LICENSED OR CERTIFIED13
PURSUANT TO SECTION 25-1.5-103 (1)(a).14
(5.8) "N
URSING FACILITY" HAS THE MEANING SET FORTH IN15
SECTION 25.5-4-103 (14).16
SECTION 4. In Colorado Revised Statutes, add 12-255-137 as17
follows:18
12-255-137. Delegation of medical-aesthetic services to19
unlicensed individuals - required disclosures - applicability. (1) A
N20
INDIVIDUAL LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE21
PURSUANT TO THIS ARTICLE 255 WHO DELEGATES MEDICAL -AESTHETIC22
SERVICES TO AN INDIVIDUAL NOT LICENSED AS A LICENSED HEALTH -CARE23
PROVIDER SHALL:24
(a) P
OST OR CAUSE TO BE POSTED A NOTICE IN A HIGHLY VISIBLE25
MANNER AT THE PHYSICAL LOCATION WHERE THE DELEGATED SERVICES26
OCCUR, WHICH NOTICE INDICATES:27
HB25-1024
-5- (I) THE NAME OF THE LICENSEE;1
(II) T
HE LICENSEE'S COLORADO NURSING LICENSE NUMBER ;2
(III) C
ONTACT INFORMATION FOR THE LICENSEE ; AND3
(IV) A
N ONLINE ADDRESS WHERE A PATIENT MAY FILE A4
COMPLAINT WITH THE BOARD ;5
(b) P
OST OR CAUSE TO BE POSTED ON THE PUBLIC WEBSITE AND ON6
ALL ADVERTISING MATERIALS OF THE UNLICENSED INDIVIDUAL A NOTICE7
THAT:8
(I) S
TATES THAT MEDICAL-AESTHETIC SERVICES ARE DELEGATED ;9
AND10
(II) I
NDICATES THE NAME AND COLORADO NURSING LICENSE11
NUMBER OF THE LICENSEE;12
(c) P
ROVIDE AN INFORMED CONSENT FORM TO EACH PATIENT ,13
WHICH FORM:14
(I) S
TATES THAT THE PATIENT IS RECEIVING MEDICAL -AESTHETIC15
SERVICES DELEGATED TO AN UNLICENSED INDIVIDUAL BY A LICENSED16
INDIVIDUAL;17
(II) I
NCLUDES THE INFORMATION INCLUDED IN THE NOTICE18
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; AND19
(III) M
UST BE SIGNED BY THE PATIENT; AND20
(d) R
ETAIN EACH CONSENT FORM DESCRIBED IN SUBSECTION (1)(c)21
OF THIS SECTION FOR AT LEAST SEVEN YEARS.22
(2) T
HIS SECTION DOES NOT APPLY TO A FACILITY THAT IS23
REGULATED UNDER TITLE 25.24
SECTION 5. In Colorado Revised Statutes, 25-1-801, amend (4)25
as follows:26
25-1-801. Patient records in custody of health-care facility -27
HB25-1024
-6- definitions. (4) For the purposes of this section, medical information1
transmitted during the delivery of health care via telemedicine, as defined2
in section 12-240-104 (6) SECTION 12-240-104 (10), is part of the patient's3
medical record maintained by the health-care facility.4
SECTION 6. In Colorado Revised Statutes, 25-1-802, amend (5)5
as follows:6
25-1-802. Patient records in custody of individual health-care7
providers. (5) For the purposes of this section, medical information8
transmitted during the delivery of health care via telemedicine, as defined9
in section 12-240-104 (6) SECTION 12-240-104 (10), is part of the patient's10
medical record maintained by a health-care provider.11
SECTION 7. In Colorado Revised Statutes, 25.5-1-207, amend12
(1)(l) as follows:13
25.5-1-207. Rural provider access and affordability stimulus14
grant program - advisory committee - fund - reporting - rules -15
definitions - repeal. (1) Definitions. As used in this section:16
(l) "Telemedicine" has the meaning set forth in section17
12-240-104 (6) 12-240-104 (10).18
SECTION 8. Act subject to petition - effective date -19
applicability. (1) This act takes effect at 12:01 a.m. on the day following20
the expiration of the ninety-day period after final adjournment of the21
general assembly; except that, if a referendum petition is filed pursuant22
to section 1 (3) of article V of the state constitution against this act or an23
item, section, or part of this act within such period, then the act, item,24
section, or part will not take effect unless approved by the people at the25
general election to be held in November 2026 and, in such case, will take26
effect on the date of the official declaration of the vote thereon by the27
HB25-1024
-7- governor.1
(2) This act applies to conduct occurring on or after the applicable2
effective date of this act.3
HB25-1024
-8-