HOUSE BILL 25-1027
BY REPRESENTATIVE(S) Gilchrist and Brown, Bacon, Boesenecker,
Duran, Froelich, Garcia, Hamrick, Lindsay, Mabrey, McCormick, Rutinel,
Rydin, Sirota, Smith, Story, Titone, Willford, McCluskie, Bird, Woodrow;
also SENATOR(S) Daugherty and Mullica, Amabile, Ball, Bridges, Cutter,
Exum, Gonzales J., Jodeh, Kipp, Kolker, Michaelson Jenet, Roberts,
Weissman, Winter F., Coleman.
C
ONCERNING MODIFICATIONS TO STATUTES GOVERNING DISEASE CONTROL .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-1-105, add (4) as
follows:
25-1-105. Executive director - chief medical officer -
qualifications - salary - office - duties - crisis standards of care.
(4) (a) I
N THE EVENT OF A PUBLIC HEALTH EMERGENCY , IF THE GOVERNOR
AND THE EXECUTIVE DIRECTOR AND
, IF THE EXECUTIVE DIRECTOR IS NOT THE
CHIEF MEDICAL OFFICER
, THE CHIEF MEDICAL OFFICER AGREE THAT CRISIS
STANDARDS OF CARE ARE NEEDED TO RESPOND TO THE PUBLIC HEALTH
EMERGENCY
, THE EXECUTIVE DIRECTOR OR, IF THE EXECUTIVE DIRECTOR IS
NOT THE CHIEF MEDICAL OFFICER
, THE CHIEF MEDICAL OFFICER SHALL:
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. (I) ASSEMBLE A GROUP OF SUBJECT MATTER EXPERTS TO DEVELOP
CRISIS STANDARDS OF CARE FOR USE BY HEALTH
-CARE PROVIDERS AND
HEALTH
-CARE FACILITIES IN RESPONDING TO THE PUBLIC HEALTH
EMERGENCY
; AND
(II) ACTIVATE ALL OR PORTIONS OF THE CRISIS STANDARDS OF CARE
AS NEEDED DURING THE PUBLIC HEALTH EMERGENCY
.
(b) U
PON AGREEMENT OF THE GOVERNOR AND THE EXECUTIVE
DIRECTOR AND
, IF THE EXECUTIVE DIRECTOR IS NOT THE CHIEF MEDICAL
OFFICER
, THE CHIEF MEDICAL OFFICER THAT THE CRISIS STANDARDS OF CARE
ARE NO LONGER NEEDED TO RESPOND TO THE PUBLIC HEALTH EMERGENCY
,
THE EXECUTIVE DIRECTOR OR, IF THE EXECUTIVE DIRECTOR IS NOT THE CHIEF
MEDICAL OFFICER
, THE CHIEF MEDICAL OFFICER SHALL VACATE THE CRISIS
STANDARDS OF CARE
.
SECTION 2. In Colorado Revised Statutes, 25-1-108, add (1)(i) as
follows:
25-1-108. Powers and duties of state board of health - rules -
definitions. (1) In addition to all other powers and duties conferred and
imposed upon the state board of health by this part 1, the board has the
following specific powers and duties:
(i) (I) E
VERY THREE YEARS, TO REVIEW AND AMEND, AS NECESSARY,
THE DEPARTMENT'S INTERNAL EMERGENCY RESPONSE AND RECOVERY PLAN
THAT ADDRESSES THE PUBLIC HEALTH RESPONSE TO ACTS OF BIOTERRORISM
,
PANDEMIC INFLUENZA, AND EPIDEMICS CAUSED BY NOVEL AND HIGHLY
FATAL INFECTIOUS AGENTS
.
(II) A
S USED IN THIS SUBSECTION (1)(i):
(A) "I
NTERNAL EMERGENCY RESPONSE AND RECOVERY PLAN " MEANS
THE PORTION OF THE STATE EMERGENCY OPERATIONS PLAN PREPARED AND
UPDATED BY THE DEPARTMENT THAT SPECIFIES OPERATIONS THAT WILL BE
IMPLEMENTED IF THERE IS AN OCCURRENCE OR IMMINENT THREAT OF AN
EMERGENCY EPIDEMIC
.
(B) "S
TATE EMERGENCY OPERATIONS PLAN " MEANS THE PLAN
PAGE 2-HOUSE BILL 25-1027 DEVELOPED IN ACCORDANCE WITH SECTION 24-33.5-705 (2) BY THE OFFICE
OF EMERGENCY MANAGEMENT IN THE DIVISION OF HOMELAND SECURITY
AND EMERGENCY MANAGEMENT IN THE DEPARTMENT OF PUBLIC SAFETY TO
ADDRESS THE PREPARATION
, PREVENTION, MITIGATION, RESPONSE, AND
RECOVERY FROM EMERGENCIES AND DISASTERS
.
SECTION 3. In Colorado Revised Statutes, repeal 24-33.5-704.5
(1).
SECTION 4. In Colorado Revised Statutes, 24-33.5-704.5, amend
(2) as follows:
24-33.5-704.5. Continuity of operations plans - reports to
general assembly. (2) Each department that administers a publicly funded
safety net program shall develop a continuity of operations plan The plan
shall establish THAT ESTABLISHES procedures for the response by, and
continuation of operations of, the department and the
SAFETY NET program
in the event of an emergency epidemic. Each department shall file its planwith the executive director of the department of public health and
environment and shall update the plan at least annually. In addition,
notwithstanding section 24-1-136 (11), each department shall submit a
report by March 1 of each year to the health and human services committee
COMMITTEES of the senate and the public health care and human services
committee of the house of representatives, or any successor committees,
regarding the status of the department's plan, as well as the status of any
other plans or procedures of the department regarding emergency and
disaster preparedness.
SECTION 5. In Colorado Revised Statutes, 2-3-1502, repeal (6)
as follows:
2-3-1502. Definitions. As used in this part 15, unless the context
otherwise requires:
(6) "GEEERC" means the governor's expert emergency epidemic
response committee created in section 24-33.5-704.5.
SECTION 6. In Colorado Revised Statutes, 2-3-1503, amend (1)(a)
and (2) as follows:
PAGE 3-HOUSE BILL 25-1027 2-3-1503. Legislative emergency preparedness, response, and
recovery committee - creation - membership - duties. (1) (a) There is
hereby created a legislative emergency preparedness, response, and
recovery committee. The legislative committee shall develop a plan for the
response by, and continuation of operations of, the general assembly and the
legislative service agencies in the event of an emergency epidemic or
disaster. The legislative committee shall cooperate and coordinate with the
division
AND the department and the GEEERC
in developing the plan The
legislative committee shall develop and SHALL submit the plan to the
speaker of the house of representatives, the president of the senate, the
governor, the executive director of the department,
AND the director of the
division. and the GEEERC no later than July 1, 2011. The legislative
committee shall meet at least annually to review and amend the plan as
necessary and shall provide any updated plan to the persons
INDIVIDUALS
or entities specified in this paragraph (a) SUBSECTION (1)(a). The legislative
committee may recommend legislation pertaining to the preparedness,
response, and recovery by, and continuation of operations of, the general
assembly and the legislative service agencies in the event of an emergency
epidemic or disaster. The legislative committee shall provide information
to and fully cooperate with the division
AND the department and the
GEEERC in fulfilling its duties under this section.
(2) In the event of an emergency epidemic or disaster that the
governor declares to be a disaster emergency pursuant to section
24-33.5-704, C.R.S.,
the legislative committee shall convene as rapidly and
as often as necessary to advise the speaker of the house of representatives,
the president of the senate, and the legislative service agencies regarding
reasonable and appropriate measures to be taken by the general assembly
and the legislative service agencies to respond to the emergency epidemic
or disaster and protect the public health, safety, and welfare. The legislative
committee shall communicate, cooperate, and seek advice and assistance
from the division
AND the department and the GEEERC
in responding to
the emergency epidemic or disaster.
SECTION 7. In Colorado Revised Statutes, 24-33.5-703, repeal (2)
as follows:
24-33.5-703. Definitions. As used in this part 7, unless the context
otherwise requires:
PAGE 4-HOUSE BILL 25-1027 (2) "Committee" means the governor's expert emergency epidemic
response committee created in section 24-33.5-704.5.
SECTION 8. In Colorado Revised Statutes, 24-33.5-711.5, amend
(1) as follows:
24-33.5-711.5. Liability - limits on damages and compensation
- immunity for good faith compliance with rules and orders. (1) Neither
The state nor the members of the expert emergency epidemic response
committee designated or appointed pursuant to section 24-33.5-704.5 are
IS NOT liable for any A claim based upon the committee's advice PROVIDED
BY AN OFFICER OR EMPLOYEE OF A STATE DEPARTMENT
to the governor or
the alleged negligent exercise or performance of, or failure to exercise or
perform, an act relating to an emergency epidemic. Liability against a
member of the committee AN OFFICER OR EMPLOYEE OF A STATE
DEPARTMENT
may be found only for wanton or willful misconduct or willful
disregard of the best interests of protecting and maintaining the public
health. Damages awarded on the basis of such liability shall not exceed one
hundred thousand dollars for any injury to or damage suffered by one
person or three hundred thousand dollars for an injury to or damage
suffered by three or more persons in the course of an emergency epidemic.
SECTION 9. In Colorado Revised Statutes, 25-1.5-102, amend
(1)(b)(I) as follows:
25-1.5-102. Epidemic and communicable diseases - powers and
duties of department - rules - definitions. (1) The department has, in
addition to all other powers and duties imposed upon it by law, the powers
and duties provided in this section as follows:
(b) (I) To investigate and monitor the spread of disease that is
considered part of an emergency epidemic, as defined in section
24-33.5-703 (4), to determine the extent of environmental contamination
resulting from the emergency epidemic, and to rapidly provide
epidemiological and environmental information to the governor's expert
emergency epidemic response committee, created in section 24-33.5-704.5
STATE BOARD OF HEALTH.
SECTION 10. In Colorado Revised Statutes, 25-4-901, repeal (1);
and add (1.6) and (1.8) as follows:
PAGE 5-HOUSE BILL 25-1027 25-4-901. Definitions. As used in this part 9, unless the context
otherwise requires:
(1) "Certificate of immunization" means one of the following forms
of documentation that include the dates and types of immunizations
administered to a student:
(a) A paper document that includes information transferred from the
records of a licensed physician, registered nurse, or public health official;
or
(b) An electronic file or a hard copy of an electronic file provided
to the school directly from the immunization tracking system, established
pursuant to section 25-4-2403.
(1.6) "IMMUNIZATION RECORD " MEANS A PAPER OR ELECTRONIC
DOCUMENT FROM THE RECORDS OF A LICENSED PHYSICIAN
, A PHYSICIAN
ASSISTANT AUTHORIZED PURSUANT TO SECTION
12-240-107 (6), AN
ADVANCED PRACTICE REGISTERED NURSE
, OR A PUBLIC HEALTH OFFICIAL
THAT INCLUDES THE DATES AND TYPES OF IMMUNIZATIONS ADMINISTERED
TO A STUDENT
.
(1.8) "O
FFICIAL CERTIFICATE OF IMMUNIZATION" MEANS ONE OF THE
FOLLOWING FORMS OF DOCUMENTATION THAT INCLUDES THE DATES AND
TYPES OF IMMUNIZATIONS ADMINISTERED TO A STUDENT
:
(a) I
NFORMATION FROM AN IMMUNIZATION RECORD TRANSFERRED
BY A LICENSED PHYSICIAN
, A PHYSICIAN ASSISTANT AUTHORIZED PURSUANT
TO SECTION
12-240-107 (6), AN ADVANCED PRACTICE REGISTERED NURSE ,
A PUBLIC HEALTH OFFICIAL, OR A SCHOOL OFFICIAL ONTO A PAPER OR
ELECTRONIC VERSION OF THE OFFICIAL CERTIFICATE OF IMMUNIZATION FORM
CREATED AND MAINTAINED BY THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
; OR
(b) AN ELECTRONIC FILE OR A HARD COPY OF AN ELECTRONIC FILE
PROVIDED TO THE SCHOOL DIRECTLY FROM THE IMMUNIZATION TRACKING
SYSTEM
, ESTABLISHED PURSUANT TO SECTION 25-4-2403.
SECTION 11. In Colorado Revised Statutes, 25-4-902, amend (1)
introductory portion, (1)(a), (2), (3), (4)(a)(II), and (4)(b); and repeal (1)(b)
PAGE 6-HOUSE BILL 25-1027 as follows:
25-4-902. Immunization prior to attending school - standardized
immunization information. (1) A student shall not attend any school in
the state of Colorado on or after the dates specified in section 25-4-906 (4)
unless he or she
THE STUDENT OR THE STUDENT 'S PARENT OR LEGAL
GUARDIAN
has presented one of the following to the appropriate school
official:
(a) An up-to-date
OFFICIAL certificate of immunization from a
licensed physician, physician assistant authorized pursuant to section
12-240-107 (6), advanced practice registered nurse, or authorized
representative of the department of public health and environment or a local
public health agency stating that the student has received immunization
against communicable diseases as specified by the state board of health
based on recommendations of the advisory committee on immunization
practices of the centers for disease control and prevention in the federal
department of health and human services IN RULES ADOPTED IN
ACCORDANCE WITH SECTION
25-4-904 (1); or
(b) A written authorization signed by one parent or legal guardian,an emancipated student, or a student eighteen years of age or older
requesting that local public health officials administer the immunizations;
or
(2) If the student's OFFICIAL certificate of immunization is not up to
date according to the requirements of the state board of health, the parent
or guardian
OF THE STUDENT or, IF THE STUDENT IS EMANCIPATED OR
EIGHTEEN YEARS OF AGE OR OLDER
, the emancipated
student or the student
eighteen years of age or older shall submit to the school, within fourteen
THIRTY days after receiving direct personal notification that the OFFICIAL
certificate OF IMMUNIZATION is not up to date, documentation INDICATING
that the next required immunization has been given and THAT INCLUDES a
written plan for completion of all required immunizations. The scheduling
of immunizations in the written plan shall follow medically recommended
minimum intervals approved by the state board of health. If the student
begins but does not continue or complete the written plan, he or she
THE
SCHOOL
shall be suspended or expelled
SUSPEND OR EXPEL THE STUDENT
pursuant to this part 9.
PAGE 7-HOUSE BILL 25-1027 (3) Notwithstanding the provisions of subsection (1) of this section,
a school shall enroll a student who is in out-of-home placement within five
school days after receiving the student's education information and records
as required in section 22-32-138, C.R.S.,
regardless of whether the school
has received the items specified in subsection (1) of this section. Upon
enrolling the student,
THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF
THIS SECTION APPLY
, AND the school shall notify the student's legal guardian
that, unless the school receives the student's
OFFICIAL certificate of
immunization or a written authorization for administration of
immunizations CERTIFICATE OF EXEMPTION within fourteen days after the
student enrolls, the school shall WILL suspend the student until such time as
the school receives the
OFFICIAL certificate of immunization or theauthorization CERTIFICATE OF EXEMPTION.
(4) (a) On or before January 15, 2021, the department of public
health and environment shall develop and provide to the department of
education and the department of human services a standardized document
regarding childhood immunizations. The department of education and the
department of human services shall post the standardized immunization
document on their websites on or before January 31, 2021, and on or before
January 31 each year thereafter. The standardized document must be
updated annually and must include, but need not be limited to:
(II) A list of immunizations currently recommended for children by
the advisory committee on immunization practices of the centers for disease
control and prevention in the federal department of health and human
services and the recommended age at which each immunization should be
given,
AS SPECIFIED BY THE STATE BOARD OF HEALTH IN RULES ADOPTED IN
ACCORDANCE WITH SECTION
25-4-904 (1);
(b) On or before February 15, 2021
APRIL 15, 2026, and on or before
February 15 APRIL 15 each year thereafter, a school shall include on the
document
DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION the school's
specific immunization and exemption rates for the measles, mumps, and
rubella vaccine for the school's enrolled student population for the prior
school year compared to the vaccinated children standard described in
section 25-4-911. The school may include on the document the school's
specific immunization and exemption rates for any other vaccine for the
school's enrolled student population for the prior school year. The school
shall directly distribute the document to the parent or legal guardian of each
PAGE 8-HOUSE BILL 25-1027 student enrolled in its school, emancipated students, or students eighteen
years of age or older, consistent with section 25-4-903 (5).
SECTION 12. In Colorado Revised Statutes, 25-4-902.5, amend
(1) as follows:
25-4-902.5. Immunization prior to attending a college or
university - tuberculosis screening process development. (1) Except as
provided in section 25-4-903, no A student shall NOT attend any college or
university in the state of Colorado on or after the dates specified in section
25-4-906 (4) unless the student can present to the appropriate official of the
school a
AN OFFICIAL certificate of immunization from a licensed physician,
licensed physician assistant authorized under section 12-240-107 (6),
licensed advanced practice registered nurse, or authorized representative of
the department of public health and environment or county, district, or
municipal public health agency stating that the student has received
immunization against communicable diseases as specified by the state board
of health. or a written authorization signed by one parent or guardian or the
emancipated student or the student eighteen years of age or older requesting
that local health officials administer the immunizations or a plan signed by
one parent or guardian or the emancipated student or the student eighteen
years of age or older for receipt by the student of the required inoculation
or the first or the next required of a series of inoculations within thirty days.
SECTION 13. In Colorado Revised Statutes, 25-4-903, amend (2)
introductory portion, (2)(a), (2)(b)(II)(B), (2.2)(a)(III), (2.2)(b)(II), and
(2.2)(b)(III) as follows:
25-4-903. Exemptions from immunization - rules. (2) A
UNLESS
A STUDENT IS EXEMPTED PURSUANT TO THIS SECTION
, THE parent or legal
guardian
OF A STUDENT shall have his or her
THE student immunized, unless
the student is exempted pursuant to this section, or an emancipated student
or a student eighteen years of age or older OR, IF A STUDENT IS
EMANCIPATED OR EIGHTEEN YEARS OF AGE OR OLDER
, THE STUDENT shall
have himself or herself
THEMSELF immunized. unless the student is
exempted pursuant to this section. A student is exempted from receiving the
required immunizations in the following manner:
(a) By submitting to the student's school a completed certificate of
medical exemption from a licensed physician, physician assistant authorized
PAGE 9-HOUSE BILL 25-1027 pursuant to section 12-240-107 (6), or advanced practice registered nurse
that the physical condition of the student is such that one or more specified
immunizations would endanger his or her
THE STUDENT'S life or health or
are medically contraindicated due to other medical conditions; or
(b) (II) (B) A complete certificate of nonmedical exemption must
include the signature of a person who is authorized pursuant to title 12 to
administer immunizations within his or her
THE PERSON'S scope of practice
to the student for whom the certificate of nonmedical exemption is sought.
Nothing in this subsection (2)(b)(II)(B) requires a person authorized
pursuant to title 12 to administer immunizations within his or her
THE
PERSON
'S scope of practice to sign a certificate of nonmedical exemption.
Notwithstanding any law or rule to the contrary, a body that regulates the
professional conduct of a person who is authorized pursuant to title 12 to
administer immunizations within his or her
THE PERSON'S scope of practice
to the student for whom the certificate is sought shall not order a
disciplinary action against the person because the person authorized to sign
the certificate signed such certificate pursuant to this subsection
(2)(b)(II)(B). It is unlawful for the employer or any
A professional
organization to retaliate against a person because the person authorized to
sign a certificate signed such certificate pursuant to this subsection
(2)(b)(II)(B).
(2.2) (a) (III) A person authorized pursuant to title 12 to administer
immunizations within his or her
THE PERSON'S scope of practice to the
student for whom the certificate of nonmedical exemption is sought and
who signs the certificate of nonmedical exemption form shall provide a
copy of a completed certificate of nonmedical exemption to the student's
parent or legal guardian, the emancipated student, or the student eighteen
years of age or older.
(b) (II) A person authorized pursuant to title 12 to administer
immunizations within his or her
THE PERSON'S scope of practice to the
student for whom the certificate of nonmedical exemption is sought and
who signs the certificate of nonmedical exemption shall submit the
nonmedical exemption data to the immunization tracking system created in
section 25-4-2403.
(III) Notwithstanding subsections (2.2)(b)(I) and (2.2)(b)(II) of this
section, a licensed physician, a physician assistant authorized pursuant to
PAGE 10-HOUSE BILL 25-1027 section 12-240-107 (6), an advanced practice registered nurse, or a person
authorized pursuant to title 12 to administer immunizations within his or her
THE PERSON'S scope of practice is not subject to a regulatory sanction for
failing to submit medical exemption or nonmedical exemption data to the
immunization tracking system.
SECTION 14. In Colorado Revised Statutes, amend 25-4-904 as
follows:
25-4-904. Rules - immunization rules - rule-making authority of
state board of health. (1) (a) The state board of health shall establish rules
and regulations
for administering this part 9. Such IN ORDER TO PREVENT
THE TRANSMISSION OF COMMUNICABLE DISEASES AND THE EFFECTS OF
SERIOUS DISEASES
, THE STATE BOARD OF HEALTH rules and regulations shall:
(I) Establish which THE immunizations shall be THAT ARE required
and the manner and frequency of their administration,
TAKING INTO
CONSIDERATION RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON
IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION IN THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN
SERVICES AND
, AS APPROPRIATE, RECOMMENDATIONS OF THE AMERICAN
ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY
PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS, AND THE AMERICAN COLLEGE OF PHYSICIANS; and shall
(II) Conform to recognized standard medical practices.
(b) Such THE rules and regulations may also require the reporting
of statistical information and names of noncompliers by the schools.
(c) The department of public health and environment shall
administer and enforce the immunization requirements.
(2) All rule-making authority granted to the state board of health
under this article 4 is granted on the condition that the general assembly
reserves the power to delete or rescind any rule of the board. All rules
promulgated
ADOPTED pursuant to this subsection (2) SECTION are subject
to section 24-4-103.
SECTION 15. In Colorado Revised Statutes, amend 25-4-904.5 as
PAGE 11-HOUSE BILL 25-1027 follows:
25-4-904.5. Annual alignment evaluation. The department of
public health and environment shall annually evaluate the state's
immunization practices, including an examination of updated best practices
and guidelines recommended by the advisory committee on immunization
practices of the centers for disease control and prevention in the federal
department of health and human services
AND, AS APPROPRIATE, BY THE
AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY
PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND
GYNECOLOGISTS, AND THE AMERICAN COLLEGE OF PHYSICIANS. The state
board of health shall review the department of public health and
environment's annual evaluation and may update the state's immunization
practices pursuant to the department of public health and environment's
annual evaluation.
SECTION 16. In Colorado Revised Statutes, amend 25-4-905 as
follows:
25-4-905. Immunization of indigent children. (1) The county,
district, or municipal public health agency; a public health or school nurse
under the supervision of a licensed physician or physician assistant
authorized under section 12-240-107 (6); or the department of public health
and environment, in the absence of a county, district, or municipal public
health agency or public health nurse, shall provide, at public expense to the
extent that funds are
FUNDING IS available, immunizations required by this
part 9 to each child whose parents or guardians cannot afford to have the
child immunized or, if emancipated, who cannot himself or herself
THEMSELF afford immunization and who has not been exempted. The
department of public health and environment shall provide all vaccines
necessary to comply with this section as far as funds
FUNDING will permit.
Nothing in this section precludes the department of public health and
environment from distributing vaccines to physicians,
PHYSICIAN
ASSISTANTS AUTHORIZED UNDER SECTION
12-240-107 (6), advanced practice
registered nurses, or others as required by law or the rules of the
department. No
AN indigent child shall NOT be excluded, suspended, or
expelled from school unless the immunizations have been available and
readily accessible to the child at public expense.
(2) Notwithstanding any other provision of this part 9 to the
PAGE 12-HOUSE BILL 25-1027 contrary, programs and services that provide immunizations to children for
communicable diseases shall be
MADE available to a child regardless of hisor her THE CHILD'S race, religion, gender, ethnicity, national origin, or
immigration status.
SECTION 17. In Colorado Revised Statutes, 25-4-906, amend (1),
(2), and (4) as follows:
25-4-906. Certificate of immunization - forms. (1) The
department of public health and environment shall provide official
certificates of immunization to the schools, private physicians, and county,
district, and municipal public health agencies. Upon the commencement of
the gathering of epidemiological information pursuant to section 25-4-2403
to implement the immunization tracking system, such form shall include a
notice that informs a parent or legal guardian that he or she
THE PARENT OR
LEGAL GUARDIAN
has the option to exclude his or her
THEIR infant's, child's,
or student's immunization information from the immunization tracking
system created in section 25-4-2403. A
SCHOOL OFFICIAL MAY ACCEPT any
immunization record provided by a licensed physician, registered nurse, or
public health official may be accepted by the school official as certification
AS PROOF of immunization if the information is transferred to the official
certificate of immunization. and verified by the school official.
(2) (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(a)(II) OF THIS
SECTION
, each school shall maintain on file an official certificate of
immunization for every student enrolled
IN THE SCHOOL.
(II) I
N LIEU OF AN OFFICIAL CERTIFICATE OF IMMUNIZATION , A
LICENSED CHILDREN
'S RESIDENTIAL CAMP MAY MAINTAIN ON FILE AN
OUT
-OF-STATE IMMUNIZATION RECORD FOR AN OUT -OF-STATE CAMPER
ATTENDING THE RESIDENTIAL CAMP
.
(b) (I) W
HEN A STUDENT WITHDRAWS, TRANSFERS, IS PROMOTED, OR
OTHERWISE LEAVES A SCHOOL
, THE SCHOOL SHALL:
(A) U
PON REQUEST, RETURN the OFFICIAL certificate shall be
returned OF IMMUNIZATION to the parent or guardian OF A STUDENT or, IF A
STUDENT IS EMANCIPATED OR EIGHTEEN YEARS OF AGE OR OLDER
, TO the
emancipated
student; or student eighteen years of age or older when a
student withdraws, transfers, is promoted, or otherwise leaves the school,
PAGE 13-HOUSE BILL 25-1027 or the school shall
(B) Transfer the OFFICIAL certificate OF IMMUNIZATION with the
student's school record to the new school.
(II) Upon a college or university student's request, the
COLLEGE OR
UNIVERSITY SHALL FORWARD THE
official certificate of immunization shall
be forwarded as specified by the student.
(4) All students enrolled in any school in Colorado on and after
August 15, 1979, shall furnish the required
OFFICIAL certificate of
immunization or shall be suspended or expelled from school. Students
enrolling in school in Colorado for the first time on and after July 1, 1978,
shall provide a
AN OFFICIAL certificate of immunization or shall be excluded
from school except as provided in section 25-4-903.
SECTION 18. In Colorado Revised Statutes, 25-4-907, repeal (2)
as follows:
25-4-907. Noncompliance. (2) In the event of suspension or
expulsion of a student, school officials shall notify the state department of
public health and environment or the county, district, and municipal public
health agency. An agent of said department shall then contact the parent or
guardian or the emancipated student or student eighteen years of age or
older in an effort to secure compliance with this part 9 in order that the
student may be reenrolled in school.
SECTION 19. In Colorado Revised Statutes, 25-3-603, amend (1)
as follows:
25-3-603. Department reports. (1) Notwithstanding section
24-1-136 (11)(a)(I), on or before July 15, 2017 SEPTEMBER 15, 2025, and
each July 15 SEPTEMBER 15 thereafter, the department shall submit to the
health and human services committees of the house of representatives and
of the senate,
OR THEIR SUCCESSOR COMMITTEES , a report summarizing the
risk-adjusted health-facility data. The department shall post the report on its
website.
SECTION 20. In Colorado Revised Statutes, 25-4-2005, amend (1)
as follows:
PAGE 14-HOUSE BILL 25-1027 25-4-2005. Hepatitis C testing - recommendations - definitions
- rules - repeal. (1) (a) (I) The department recommends that each primary
health-care provider or physician, physician assistant, or nurse practitioner
who treats a patient in an inpatient or outpatient setting offer a person born
between the years of 1945 and 1965 a hepatitis C screening test or hepatitis
C diagnostic test unless the health-care provider providing such services
reasonably believes that:
(a)
(A) The patient is being treated for a life-threatening emergency;
(b) (B) The patient has previously been offered or has been the
subject of a hepatitis C screening; or
(c) (C) The patient lacks capacity to consent to a hepatitis C
screening test.
(II) T
HIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE JULY 1, 2026.
(b) (I) T
HE STATE BOARD OF HEALTH CREATED IN SECTION 25-1-103
SHALL ADOPT RULES ESTABLISHING STANDARDS FOR HEPATITIS C SCREENING
AND DIAGNOSTIC TESTS FOR USE BY PRIMARY HEALTH
-CARE PROVIDERS,
PHYSICIANS, PHYSICIAN ASSISTANTS, OR NURSE PRACTITIONERS WHO TREAT
PATIENTS IN AN INPATIENT OR OUTPATIENT SETTING
. THE BOARD SHALL
ENSURE THAT THE SCREENING AND DI AGNOSTIC TEST STANDARDS ALIGN
WITH RECOMMENDATIONS OF THE FEDERAL CENTERS FOR DISEASE CONTROL
AND PREVENTION FOR HEPATITIS
C SCREENING AND DIAGNOSTIC TESTING .
(II) T
HE RULES ADOPTED BY THE BOARD PURSUANT TO THIS
SUBSECTION
(1)(b) SHALL TAKE EFFECT ON JULY 1, 2026.
SECTION 21. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 15-HOUSE BILL 25-1027 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 16-HOUSE BILL 25-1027