HOUSE BILL 25-1024
BY REPRESENTATIVE(S) Willford and Bradley, Bacon, Boesenecker,
Brown, Duran, Lindsay, Marshall, McCormick, McCluskie;
also SENATOR(S) Roberts and Frizell, Cutter, Jodeh, Michaelson Jenet.
C
ONCERNING REQUIRING A MEDICAL PROFESSIONAL TO DISCLOSE CERTAIN
INFORMATION TO PATIENTS IF THE MEDICAL PROFESSIONAL
DELEGATES MEDICAL
-AESTHETIC SERVICES TO AN INDIVIDUAL WHO
IS NOT A LICENSED HEALTH
-CARE PROVIDER.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 12-240-104, amend
(6); repeal (5.8) and (5.9); and add (7), (8), (9), and (10) as follows:
12-240-104. Definitions. As used in this article 240, unless the
context otherwise requires:
(5.8) "Originating site" has the meaning set forth in section
10-16-123 (4)(b).
(5.9) "Store-and-forward transfer" has the meaning set forth in
section 10-16-123 (4)(c).
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. (6) "Telemedicine" means the delivery of medical services through
technologies that are used in a manner that is compliant with the federal
"Health Insurance Portability and Accountability Act of 1996", Pub.L.
104-191, as amended, including information, electronic, and
communication technologies, remote monitoring technologies, and
store-and-forward transfers, to facilitate the assessment, diagnosis,
consultation, or treatment of a patient while the patient is located at an
originating site and the person who provides the services is located at a
distant site "LICENSED HEALTH-CARE PROVIDER" MEANS AN INDIVIDUAL
WHO IS LICENSED OR OTHERWISE AUTHORIZED BY THE STATE PURSUANT TO
THIS TITLE
12 OR ARTICLE 3.5 OF TITLE 25 TO PROVIDE HEALTH-CARE
SERVICES
.
(7) "M
EDICAL-AESTHETIC SERVICES" MEANS THERAPEUTIC
PROCEDURES USED IN AESTHETICS
.
(8) "O
RIGINATING SITE" HAS THE MEANING SET FORTH IN SECTION
10-16-123 (4)(b).
(9) "S
TORE-AND-FORWARD TRANSFER" HAS THE MEANING SET FORTH
IN SECTION
10-16-123 (4)(c).
(10) "T
ELEMEDICINE" MEANS THE DELIVERY OF MEDICAL SERVICES
THROUGH TECHNOLOGIES THAT ARE USED IN A MANNER THAT IS COMPLIANT
WITH THE FEDERAL
"HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996", PUB.L. 104-191, INCLUDING INFORMATION,
ELECTRONIC, AND COMMUNICATION TECHNOLOGIES , REMOTE MONITORING
TECHNOLOGIES
, AND STORE-AND-FORWARD TRANSFERS, TO FACILITATE THE
ASSESSMENT
, DIAGNOSIS, CONSULTATION, OR TREATMENT OF A PATIENT
WHILE THE PATIENT IS LOCATED AT AN ORIGINATING SITE AND THE
INDIVIDUAL WHO PROVIDES THE SERVICES IS LOCATED AT A DISTANT SITE
.
SECTION 2. In Colorado Revised Statutes, add 12-240-147 as
follows:
12-240-147. Delegation of medical-aesthetic services to
unlicensed individuals - required disclosures - applicability. (1) A
N
INDIVIDUAL LICENSED TO PRACTICE MEDICINE UNDER THIS ARTICLE
240 WHO
DELEGATES MEDICAL
-AESTHETIC SERVICES TO AN INDIVIDUAL WHO IS NOT
PAGE 2-HOUSE BILL 25-1024 A LICENSED HEALTH-CARE PROVIDER SHALL:
(a) P
OST OR CAUSE TO BE POSTED A NOTICE IN A HIGHLY VISIBLE
MANNER AT THE PHYSICAL LOCATION WHERE THE DELEGATED SERVICES
OCCUR
, WHICH NOTICE INDICATES:
(I) T
HE NAME OF THE LICENSEE;
(II) T
HE LICENSEE'S COLORADO PHYSICIAN LICENSE NUMBER ;
(III) C
ONTACT INFORMATION FOR THE LICENSEE ; AND
(IV) AN ONLINE ADDRESS WHERE A PATIENT MAY FILE A COMPLAINT
WITH THE BOARD
;
(b) P
OST OR CAUSE TO BE POSTED ON THE PUBLIC WEBSITE AND ON
ALL ADVERTISING MATERIALS OF THE UNLICENSED INDIVIDUAL A NOTICE
THAT
:
(I) S
TATES THAT MEDICAL-AESTHETIC SERVICES ARE DELEGATED ;
AND
(II) INDICATES THE NAME AND COLORADO PHYSICIAN LICENSE
NUMBER OF THE LICENSEE
;
(c) P
ROVIDE AN INFORMED CONSENT FORM TO EACH PATIENT , WHICH
FORM
:
(I) S
TATES THAT THE PATIENT IS RECEIVING MEDICAL -AESTHETIC
SERVICES DELEGATED TO AN UNLICENSED INDIVIDUAL FROM A LICENSED
INDIVIDUAL
;
(II) I
NCLUDES THE INFORMATION INCLUDED IN THE NOTICE
DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION; AND
(III) MUST BE SIGNED BY THE PATIENT; AND
(d) RETAIN EACH CONSENT FORM DESCRIBED IN SUBSECTION (1)(c)
OF THIS SECTION FOR AT LEAST SEVEN YEARS.
PAGE 3-HOUSE BILL 25-1024 (2) THIS SECTION DOES NOT APPLY TO A FACILITY THAT IS
REGULATED UNDER TITLE
25.
SECTION 3. In Colorado Revised Statutes, 12-255-104, amend
(5.6) and (5.7); and add (5.8) as follows:
12-255-104. Definitions. As used in this article 255, unless the
context otherwise requires:
(5.6) "Medical facility" means a nursing facility licensed by thedepartment of public health and environment or home health agencies
certified to receive medicare or medicaid funds, pursuant to the federal
"Social Security Act", as amended, distinct part nursing facilities, or home
health agencies or entities engaged in nurse aide practice. "Medical facility"
does not include hospitals and other facilities licensed or certified pursuant
to section 25-1.5-103 (1)(a) "MEDICAL-AESTHETIC SERVICES" MEANS
THERAPEUTIC PROCEDURES USED IN AESTHETICS
.
(5.7) "Nursing facility" has the same meaning as set forth in section25.5-4-103 (14) "MEDICAL FACILITY" MEANS A NURSING FACILITY LICENSED
BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR HOME
HEALTH AGENCIES CERTIFIED TO RECEIVE MEDICARE OR MEDICAID FUNDS
,
PURSUANT TO THE FEDERAL "SOCIAL SECURITY ACT", DISTINCT PART
NURSING FACILITIES
, OR HOME HEALTH AGENCIES OR ENTITIES ENGAGED IN
NURSE AIDE PRACTICE
. "MEDICAL FACILITY" DOES NOT INCLUDE HOSPITALS
AND OTHER FACILITIES LICENSED OR CERTIFIED PURSUANT TO SECTION
25-1.5-103 (1)(a).
(5.8) "N
URSING FACILITY" HAS THE MEANING SET FORTH IN SECTION
25.5-4-103 (14).
SECTION 4. In Colorado Revised Statutes, add 12-255-137 as
follows:
12-255-137. Delegation of medical-aesthetic services to
unlicensed individuals - required disclosures - applicability. (1) A
N
INDIVIDUAL LICENSED AS AN ADVANCED PRACTICE REGISTERED NURSE
PURSUANT TO THIS ARTICLE
255 WHO DELEGATES MEDICAL -AESTHETIC
SERVICES TO AN INDIVIDUAL NOT LICENSED AS A LICENSED HEALTH
-CARE
PROVIDER SHALL
:
PAGE 4-HOUSE BILL 25-1024 (a) POST OR CAUSE TO BE POSTED A NOTICE IN A HIGHLY VISIBLE
MANNER AT THE PHYSICAL LOCATION WHERE THE DELEGATED SERVICES
OCCUR
, WHICH NOTICE INDICATES:
(I) T
HE NAME OF THE LICENSEE;
(II) T
HE LICENSEE'S COLORADO NURSING LICENSE NUMBER ;
(III) C
ONTACT INFORMATION FOR THE LICENSEE ; AND
(IV) AN ONLINE ADDRESS WHERE A PATIENT MAY FILE A COMPLAINT
WITH THE BOARD
;
(b) P
OST OR CAUSE TO BE POSTED ON THE PUBLIC WEBSITE AND ON
ALL ADVERTISING MATERIALS OF THE UNLICENSED INDIVIDUAL A NOTICE
THAT
:
(I) S
TATES THAT MEDICAL-AESTHETIC SERVICES ARE DELEGATED ;
AND
(II) INDICATES THE NAME AND COLORADO NURSING LICENSE
NUMBER OF THE LICENSEE
;
(c) P
ROVIDE AN INFORMED CONSENT FORM TO EACH PATIENT , WHICH
FORM
:
(I) S
TATES THAT THE PATIENT IS RECEIVING MEDICAL -AESTHETIC
SERVICES DELEGATED TO AN UNLICENSED INDIVIDUAL BY A LICENSED
INDIVIDUAL
;
(II) I
NCLUDES THE INFORMATION INCLUDED IN THE NOTICE
DESCRIBED IN SUBSECTION
(1)(a) OF THIS SECTION; AND
(III) MUST BE SIGNED BY THE PATIENT; AND
(d) RETAIN EACH CONSENT FORM DESCRIBED IN SUBSECTION (1)(c)
OF THIS SECTION FOR AT LEAST SEVEN YEARS.
(2) T
HIS SECTION DOES NOT APPLY TO A FACILITY THAT IS
REGULATED UNDER TITLE
25.
PAGE 5-HOUSE BILL 25-1024 SECTION 5. In Colorado Revised Statutes, 25-1-801, amend (4)
as follows:
25-1-801. Patient records in custody of health-care facility -
definitions. (4) For the purposes of this section, medical information
transmitted during the delivery of health care via telemedicine, as defined
in section 12-240-104 (6)
SECTION 12-240-104 (10), is part of the patient's
medical record maintained by the health-care facility.
SECTION 6. In Colorado Revised Statutes, 25-1-802, amend (5)
as follows:
25-1-802. Patient records in custody of individual health-care
providers. (5) For the purposes of this section, medical information
transmitted during the delivery of health care via telemedicine, as defined
in section 12-240-104 (6)
SECTION 12-240-104 (10), is part of the patient's
medical record maintained by a health-care provider.
SECTION 7. In Colorado Revised Statutes, 25.5-1-207, amend
(1)(l) as follows:
25.5-1-207. Rural provider access and affordability stimulus
grant program - advisory committee - fund - reporting - rules -
definitions - repeal. (1) Definitions. As used in this section:
(l) "Telemedicine" has the meaning set forth in section 12-240-104
(6) 12-240-104 (10).
SECTION 8. Act subject to petition - effective date -
applicability. (1) 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 November 2026 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 6-HOUSE BILL 25-1024 (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
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 7-HOUSE BILL 25-1024