81 | | - | TATE EMERGENCY OPERATIONS PLAN " MEANS THE PLAN |
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82 | | - | PAGE 2-HOUSE BILL 25-1027 DEVELOPED IN ACCORDANCE WITH SECTION 24-33.5-705 (2) BY THE OFFICE |
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83 | | - | OF EMERGENCY MANAGEMENT IN THE DIVISION OF HOMELAND SECURITY |
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84 | | - | AND EMERGENCY MANAGEMENT IN THE DEPARTMENT OF PUBLIC SAFETY TO |
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85 | | - | ADDRESS THE PREPARATION |
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86 | | - | , PREVENTION, MITIGATION, RESPONSE, AND |
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87 | | - | RECOVERY FROM EMERGENCIES AND DISASTERS |
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88 | | - | . |
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89 | | - | SECTION 3. In Colorado Revised Statutes, repeal 24-33.5-704.5 |
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90 | | - | (1). |
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91 | | - | SECTION 4. In Colorado Revised Statutes, 24-33.5-704.5, amend |
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92 | | - | (2) as follows: |
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93 | | - | 24-33.5-704.5. Continuity of operations plans - reports to |
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94 | | - | general assembly. (2) Each department that administers a publicly funded |
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95 | | - | safety net program shall develop a continuity of operations plan The plan |
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96 | | - | shall establish THAT ESTABLISHES procedures for the response by, and |
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97 | | - | continuation of operations of, the department and the |
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98 | | - | SAFETY NET program |
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99 | | - | in the event of an emergency epidemic. Each department shall file its planwith the executive director of the department of public health and |
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100 | | - | environment and shall update the plan at least annually. In addition, |
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101 | | - | notwithstanding section 24-1-136 (11), each department shall submit a |
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102 | | - | report by March 1 of each year to the health and human services committee |
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103 | | - | COMMITTEES of the senate and the public health care and human services |
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104 | | - | committee of the house of representatives, or any successor committees, |
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105 | | - | regarding the status of the department's plan, as well as the status of any |
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106 | | - | other plans or procedures of the department regarding emergency and |
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107 | | - | disaster preparedness. |
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108 | | - | SECTION 5. In Colorado Revised Statutes, 2-3-1502, repeal (6) |
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109 | | - | as follows: |
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110 | | - | 2-3-1502. Definitions. As used in this part 15, unless the context |
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111 | | - | otherwise requires: |
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112 | | - | (6) "GEEERC" means the governor's expert emergency epidemic |
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113 | | - | response committee created in section 24-33.5-704.5. |
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114 | | - | SECTION 6. In Colorado Revised Statutes, 2-3-1503, amend (1)(a) |
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115 | | - | and (2) as follows: |
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116 | | - | PAGE 3-HOUSE BILL 25-1027 2-3-1503. Legislative emergency preparedness, response, and |
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117 | | - | recovery committee - creation - membership - duties. (1) (a) There is |
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118 | | - | hereby created a legislative emergency preparedness, response, and |
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119 | | - | recovery committee. The legislative committee shall develop a plan for the |
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120 | | - | response by, and continuation of operations of, the general assembly and the |
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121 | | - | legislative service agencies in the event of an emergency epidemic or |
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122 | | - | disaster. The legislative committee shall cooperate and coordinate with the |
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123 | | - | division |
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| 138 | + | TATE EMERGENCY OPERATIONS PLAN " MEANS THE PLAN14 |
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| 139 | + | DEVELOPED IN ACCORDANCE WITH SECTION 24-33.5-705 (2) BY THE OFFICE15 |
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| 140 | + | OF EMERGENCY MANAGEMENT IN THE DIVISION OF HOMELAND SECURITY16 |
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| 141 | + | AND EMERGENCY MANAGEMENT IN THE DEPARTMENT OF PUBLIC SAFETY17 |
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| 142 | + | TO ADDRESS THE PREPARATION, PREVENTION, MITIGATION, RESPONSE, AND18 |
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| 143 | + | RECOVERY FROM EMERGENCIES AND DISASTERS .19 |
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| 144 | + | SECTION 3. In Colorado Revised Statutes, repeal 24-33.5-704.520 |
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| 145 | + | (1).21 |
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| 146 | + | SECTION 4. In Colorado Revised Statutes, 24-33.5-704.5,22 |
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| 147 | + | amend (2) as follows:23 |
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| 148 | + | 24-33.5-704.5. Continuity of operations plans - reports to24 |
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| 149 | + | general assembly. (2) Each department that administers a publicly25 |
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| 150 | + | funded safety net program shall develop a continuity of operations plan26 |
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| 151 | + | The plan shall establish |
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| 152 | + | THAT ESTABLISHES procedures for the response27 |
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| 153 | + | 1027 |
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| 154 | + | -4- by, and continuation of operations of, the department and the SAFETY NET1 |
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| 155 | + | program in the event of an emergency epidemic. Each department shall2 |
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| 156 | + | file its plan with the executive director of the department of public health3 |
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| 157 | + | and environment and shall update the plan at least annually. In addition,4 |
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| 158 | + | notwithstanding section 24-1-136 (11), each department shall submit a5 |
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| 159 | + | report by March 1 of each year to the health and human services6 |
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| 160 | + | committee COMMITTEES of the senate and the public health care and7 |
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| 161 | + | human services committee of the house of representatives, or any8 |
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| 162 | + | successor committees, regarding the status of the department's plan, as9 |
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| 163 | + | well as the status of any other plans or procedures of the department10 |
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| 164 | + | regarding emergency and disaster preparedness.11 |
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| 165 | + | SECTION 5. In Colorado Revised Statutes, 2-3-1502, repeal (6)12 |
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| 166 | + | as follows:13 |
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| 167 | + | 2-3-1502. Definitions. As used in this part 15, unless the context14 |
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| 168 | + | otherwise requires:15 |
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| 169 | + | (6) "GEEERC" means the governor's expert emergency epidemic16 |
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| 170 | + | response committee created in section 24-33.5-704.5.17 |
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| 171 | + | SECTION 6. In Colorado Revised Statutes, 2-3-1503, amend18 |
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| 172 | + | (1)(a) and (2) as follows:19 |
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| 173 | + | 2-3-1503. Legislative emergency preparedness, response, and20 |
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| 174 | + | recovery committee - creation - membership - duties. (1) (a) There is21 |
---|
| 175 | + | hereby created a legislative emergency preparedness, response, and22 |
---|
| 176 | + | recovery committee. The legislative committee shall develop a plan for23 |
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| 177 | + | the response by, and continuation of operations of, the general assembly24 |
---|
| 178 | + | and the legislative service agencies in the event of an emergency25 |
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| 179 | + | epidemic or disaster. The legislative committee shall cooperate and26 |
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| 180 | + | coordinate with the division |
---|
141 | | - | GEEERC in fulfilling its duties under this section. |
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142 | | - | (2) In the event of an emergency epidemic or disaster that the |
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143 | | - | governor declares to be a disaster emergency pursuant to section |
---|
144 | | - | 24-33.5-704, C.R.S., |
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145 | | - | the legislative committee shall convene as rapidly and |
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146 | | - | as often as necessary to advise the speaker of the house of representatives, |
---|
147 | | - | the president of the senate, and the legislative service agencies regarding |
---|
148 | | - | reasonable and appropriate measures to be taken by the general assembly |
---|
149 | | - | and the legislative service agencies to respond to the emergency epidemic |
---|
150 | | - | or disaster and protect the public health, safety, and welfare. The legislative |
---|
151 | | - | committee shall communicate, cooperate, and seek advice and assistance |
---|
152 | | - | from the division |
---|
153 | | - | AND the department and the GEEERC |
---|
154 | | - | in responding to |
---|
155 | | - | the emergency epidemic or disaster. |
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156 | | - | SECTION 7. In Colorado Revised Statutes, 24-33.5-703, repeal (2) |
---|
157 | | - | as follows: |
---|
158 | | - | 24-33.5-703. Definitions. As used in this part 7, unless the context |
---|
159 | | - | otherwise requires: |
---|
160 | | - | PAGE 4-HOUSE BILL 25-1027 (2) "Committee" means the governor's expert emergency epidemic |
---|
161 | | - | response committee created in section 24-33.5-704.5. |
---|
162 | | - | SECTION 8. In Colorado Revised Statutes, 24-33.5-711.5, amend |
---|
163 | | - | (1) as follows: |
---|
164 | | - | 24-33.5-711.5. Liability - limits on damages and compensation |
---|
165 | | - | - immunity for good faith compliance with rules and orders. (1) Neither |
---|
166 | | - | The state nor the members of the expert emergency epidemic response |
---|
167 | | - | committee designated or appointed pursuant to section 24-33.5-704.5 are |
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168 | | - | IS NOT liable for any A claim based upon the committee's advice PROVIDED |
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169 | | - | BY AN OFFICER OR EMPLOYEE OF A STATE DEPARTMENT |
---|
170 | | - | to the governor or |
---|
171 | | - | the alleged negligent exercise or performance of, or failure to exercise or |
---|
172 | | - | perform, an act relating to an emergency epidemic. Liability against a |
---|
173 | | - | member of the committee AN OFFICER OR EMPLOYEE OF A STATE |
---|
174 | | - | DEPARTMENT |
---|
175 | | - | may be found only for wanton or willful misconduct or willful |
---|
176 | | - | disregard of the best interests of protecting and maintaining the public |
---|
177 | | - | health. Damages awarded on the basis of such liability shall not exceed one |
---|
178 | | - | hundred thousand dollars for any injury to or damage suffered by one |
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179 | | - | person or three hundred thousand dollars for an injury to or damage |
---|
180 | | - | suffered by three or more persons in the course of an emergency epidemic. |
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181 | | - | SECTION 9. In Colorado Revised Statutes, 25-1.5-102, amend |
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182 | | - | (1)(b)(I) as follows: |
---|
183 | | - | 25-1.5-102. Epidemic and communicable diseases - powers and |
---|
184 | | - | duties of department - rules - definitions. (1) The department has, in |
---|
185 | | - | addition to all other powers and duties imposed upon it by law, the powers |
---|
186 | | - | and duties provided in this section as follows: |
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187 | | - | (b) (I) To investigate and monitor the spread of disease that is |
---|
188 | | - | considered part of an emergency epidemic, as defined in section |
---|
189 | | - | 24-33.5-703 (4), to determine the extent of environmental contamination |
---|
190 | | - | resulting from the emergency epidemic, and to rapidly provide |
---|
191 | | - | epidemiological and environmental information to the governor's expert |
---|
192 | | - | emergency epidemic response committee, created in section 24-33.5-704.5 |
---|
193 | | - | STATE BOARD OF HEALTH. |
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194 | | - | SECTION 10. In Colorado Revised Statutes, 25-4-901, repeal (1); |
---|
195 | | - | and add (1.6) and (1.8) as follows: |
---|
196 | | - | PAGE 5-HOUSE BILL 25-1027 25-4-901. Definitions. As used in this part 9, unless the context |
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197 | | - | otherwise requires: |
---|
198 | | - | (1) "Certificate of immunization" means one of the following forms |
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199 | | - | of documentation that include the dates and types of immunizations |
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200 | | - | administered to a student: |
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201 | | - | (a) A paper document that includes information transferred from the |
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202 | | - | records of a licensed physician, registered nurse, or public health official; |
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203 | | - | or |
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204 | | - | (b) An electronic file or a hard copy of an electronic file provided |
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205 | | - | to the school directly from the immunization tracking system, established |
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206 | | - | pursuant to section 25-4-2403. |
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207 | | - | (1.6) "IMMUNIZATION RECORD " MEANS A PAPER OR ELECTRONIC |
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208 | | - | DOCUMENT FROM THE RECORDS OF A LICENSED PHYSICIAN |
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209 | | - | , A PHYSICIAN |
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210 | | - | ASSISTANT AUTHORIZED PURSUANT TO SECTION |
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211 | | - | 12-240-107 (6), AN |
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212 | | - | ADVANCED PRACTICE REGISTERED NURSE |
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213 | | - | , OR A PUBLIC HEALTH OFFICIAL |
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214 | | - | THAT INCLUDES THE DATES AND TYPES OF IMMUNIZATIONS ADMINISTERED |
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215 | | - | TO A STUDENT |
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216 | | - | . |
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217 | | - | (1.8) "O |
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218 | | - | FFICIAL CERTIFICATE OF IMMUNIZATION" MEANS ONE OF THE |
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219 | | - | FOLLOWING FORMS OF DOCUMENTATION THAT INCLUDES THE DATES AND |
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220 | | - | TYPES OF IMMUNIZATIONS ADMINISTERED TO A STUDENT |
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221 | | - | : |
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222 | | - | (a) I |
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223 | | - | NFORMATION FROM AN IMMUNIZATION RECORD TRANSFERRED |
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224 | | - | BY A LICENSED PHYSICIAN |
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225 | | - | , A PHYSICIAN ASSISTANT AUTHORIZED PURSUANT |
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226 | | - | TO SECTION |
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227 | | - | 12-240-107 (6), AN ADVANCED PRACTICE REGISTERED NURSE , |
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228 | | - | A PUBLIC HEALTH OFFICIAL, OR A SCHOOL OFFICIAL ONTO A PAPER OR |
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229 | | - | ELECTRONIC VERSION OF THE OFFICIAL CERTIFICATE OF IMMUNIZATION FORM |
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230 | | - | CREATED AND MAINTAINED BY THE DEPARTMENT OF PUBLIC HEALTH AND |
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231 | | - | ENVIRONMENT |
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232 | | - | ; OR |
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233 | | - | (b) AN ELECTRONIC FILE OR A HARD COPY OF AN ELECTRONIC FILE |
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234 | | - | PROVIDED TO THE SCHOOL DIRECTLY FROM THE IMMUNIZATION TRACKING |
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235 | | - | SYSTEM |
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236 | | - | , ESTABLISHED PURSUANT TO SECTION 25-4-2403. |
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237 | | - | SECTION 11. In Colorado Revised Statutes, 25-4-902, amend (1) |
---|
238 | | - | introductory portion, (1)(a), (2), (3), (4)(a)(II), and (4)(b); and repeal (1)(b) |
---|
239 | | - | PAGE 6-HOUSE BILL 25-1027 as follows: |
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240 | | - | 25-4-902. Immunization prior to attending school - standardized |
---|
241 | | - | immunization information. (1) A student shall not attend any school in |
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242 | | - | the state of Colorado on or after the dates specified in section 25-4-906 (4) |
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243 | | - | unless he or she |
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244 | | - | THE STUDENT OR THE STUDENT 'S PARENT OR LEGAL |
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245 | | - | GUARDIAN |
---|
246 | | - | has presented one of the following to the appropriate school |
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247 | | - | official: |
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248 | | - | (a) An up-to-date |
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249 | | - | OFFICIAL certificate of immunization from a |
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250 | | - | licensed physician, physician assistant authorized pursuant to section |
---|
251 | | - | 12-240-107 (6), advanced practice registered nurse, or authorized |
---|
252 | | - | representative of the department of public health and environment or a local |
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253 | | - | public health agency stating that the student has received immunization |
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254 | | - | against communicable diseases as specified by the state board of health |
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255 | | - | based on recommendations of the advisory committee on immunization |
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256 | | - | practices of the centers for disease control and prevention in the federal |
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257 | | - | department of health and human services IN RULES ADOPTED IN |
---|
258 | | - | ACCORDANCE WITH SECTION |
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259 | | - | 25-4-904 (1); or |
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260 | | - | (b) A written authorization signed by one parent or legal guardian,an emancipated student, or a student eighteen years of age or older |
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261 | | - | requesting that local public health officials administer the immunizations; |
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262 | | - | or |
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263 | | - | (2) If the student's OFFICIAL certificate of immunization is not up to |
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264 | | - | date according to the requirements of the state board of health, the parent |
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265 | | - | or guardian |
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266 | | - | OF THE STUDENT or, IF THE STUDENT IS EMANCIPATED OR |
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267 | | - | EIGHTEEN YEARS OF AGE OR OLDER |
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268 | | - | , the emancipated |
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269 | | - | student or the student |
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270 | | - | eighteen years of age or older shall submit to the school, within fourteen |
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271 | | - | THIRTY days after receiving direct personal notification that the OFFICIAL |
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272 | | - | certificate OF IMMUNIZATION is not up to date, documentation INDICATING |
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273 | | - | that the next required immunization has been given and THAT INCLUDES a |
---|
274 | | - | written plan for completion of all required immunizations. The scheduling |
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275 | | - | of immunizations in the written plan shall follow medically recommended |
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276 | | - | minimum intervals approved by the state board of health. If the student |
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277 | | - | begins but does not continue or complete the written plan, he or she |
---|
278 | | - | THE |
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279 | | - | SCHOOL |
---|
280 | | - | shall be suspended or expelled |
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281 | | - | SUSPEND OR EXPEL THE STUDENT |
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282 | | - | pursuant to this part 9. |
---|
283 | | - | PAGE 7-HOUSE BILL 25-1027 (3) Notwithstanding the provisions of subsection (1) of this section, |
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284 | | - | a school shall enroll a student who is in out-of-home placement within five |
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285 | | - | school days after receiving the student's education information and records |
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286 | | - | as required in section 22-32-138, C.R.S., |
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287 | | - | regardless of whether the school |
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288 | | - | has received the items specified in subsection (1) of this section. Upon |
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289 | | - | enrolling the student, |
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290 | | - | THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) OF |
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291 | | - | THIS SECTION APPLY |
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292 | | - | , AND the school shall notify the student's legal guardian |
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293 | | - | that, unless the school receives the student's |
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294 | | - | OFFICIAL certificate of |
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295 | | - | immunization or a written authorization for administration of |
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296 | | - | immunizations CERTIFICATE OF EXEMPTION within fourteen days after the |
---|
297 | | - | student enrolls, the school shall WILL suspend the student until such time as |
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298 | | - | the school receives the |
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299 | | - | OFFICIAL certificate of immunization or theauthorization CERTIFICATE OF EXEMPTION. |
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300 | | - | (4) (a) On or before January 15, 2021, the department of public |
---|
301 | | - | health and environment shall develop and provide to the department of |
---|
302 | | - | education and the department of human services a standardized document |
---|
303 | | - | regarding childhood immunizations. The department of education and the |
---|
304 | | - | department of human services shall post the standardized immunization |
---|
305 | | - | document on their websites on or before January 31, 2021, and on or before |
---|
306 | | - | January 31 each year thereafter. The standardized document must be |
---|
307 | | - | updated annually and must include, but need not be limited to: |
---|
308 | | - | (II) A list of immunizations currently recommended for children by |
---|
309 | | - | the advisory committee on immunization practices of the centers for disease |
---|
310 | | - | control and prevention in the federal department of health and human |
---|
311 | | - | services and the recommended age at which each immunization should be |
---|
312 | | - | given, |
---|
313 | | - | AS SPECIFIED BY THE STATE BOARD OF HEALTH IN RULES ADOPTED IN |
---|
314 | | - | ACCORDANCE WITH SECTION |
---|
315 | | - | 25-4-904 (1); |
---|
316 | | - | (b) On or before February 15, 2021 |
---|
317 | | - | APRIL 15, 2026, and on or before |
---|
318 | | - | February 15 APRIL 15 each year thereafter, a school shall include on the |
---|
319 | | - | document |
---|
320 | | - | DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION the school's |
---|
321 | | - | specific immunization and exemption rates for the measles, mumps, and |
---|
322 | | - | rubella vaccine for the school's enrolled student population for the prior |
---|
323 | | - | school year compared to the vaccinated children standard described in |
---|
324 | | - | section 25-4-911. The school may include on the document the school's |
---|
325 | | - | specific immunization and exemption rates for any other vaccine for the |
---|
326 | | - | school's enrolled student population for the prior school year. The school |
---|
327 | | - | shall directly distribute the document to the parent or legal guardian of each |
---|
328 | | - | PAGE 8-HOUSE BILL 25-1027 student enrolled in its school, emancipated students, or students eighteen |
---|
329 | | - | years of age or older, consistent with section 25-4-903 (5). |
---|
330 | | - | SECTION 12. In Colorado Revised Statutes, 25-4-902.5, amend |
---|
331 | | - | (1) as follows: |
---|
332 | | - | 25-4-902.5. Immunization prior to attending a college or |
---|
333 | | - | university - tuberculosis screening process development. (1) Except as |
---|
334 | | - | provided in section 25-4-903, no A student shall NOT attend any college or |
---|
335 | | - | university in the state of Colorado on or after the dates specified in section |
---|
336 | | - | 25-4-906 (4) unless the student can present to the appropriate official of the |
---|
337 | | - | school a |
---|
338 | | - | AN OFFICIAL certificate of immunization from a licensed physician, |
---|
339 | | - | licensed physician assistant authorized under section 12-240-107 (6), |
---|
340 | | - | licensed advanced practice registered nurse, or authorized representative of |
---|
341 | | - | the department of public health and environment or county, district, or |
---|
342 | | - | municipal public health agency stating that the student has received |
---|
343 | | - | immunization against communicable diseases as specified by the state board |
---|
344 | | - | of health. or a written authorization signed by one parent or guardian or the |
---|
345 | | - | emancipated student or the student eighteen years of age or older requesting |
---|
346 | | - | that local health officials administer the immunizations or a plan signed by |
---|
347 | | - | one parent or guardian or the emancipated student or the student eighteen |
---|
348 | | - | years of age or older for receipt by the student of the required inoculation |
---|
349 | | - | or the first or the next required of a series of inoculations within thirty days. |
---|
350 | | - | SECTION 13. In Colorado Revised Statutes, 25-4-903, amend (2) |
---|
351 | | - | introductory portion, (2)(a), (2)(b)(II)(B), (2.2)(a)(III), (2.2)(b)(II), and |
---|
352 | | - | (2.2)(b)(III) as follows: |
---|
353 | | - | 25-4-903. Exemptions from immunization - rules. (2) A |
---|
354 | | - | UNLESS |
---|
355 | | - | A STUDENT IS EXEMPTED PURSUANT TO THIS SECTION |
---|
356 | | - | , THE parent or legal |
---|
357 | | - | guardian |
---|
| 213 | + | 24 |
---|
| 214 | + | GEEERC in responding to the emergency epidemic or disaster.25 |
---|
| 215 | + | SECTION 7. In Colorado Revised Statutes, 24-33.5-703, repeal26 |
---|
| 216 | + | (2) as follows:27 |
---|
| 217 | + | 1027 |
---|
| 218 | + | -6- 24-33.5-703. Definitions. As used in this part 7, unless the1 |
---|
| 219 | + | context otherwise requires:2 |
---|
| 220 | + | (2) "Committee" means the governor's expert emergency epidemic3 |
---|
| 221 | + | response committee created in section 24-33.5-704.5.4 |
---|
| 222 | + | SECTION 8. In Colorado Revised Statutes, 24-33.5-711.5,5 |
---|
| 223 | + | amend (1) as follows:6 |
---|
| 224 | + | 24-33.5-711.5. Liability - limits on damages and compensation7 |
---|
| 225 | + | - immunity for good faith compliance with rules and orders.8 |
---|
| 226 | + | (1) Neither The state nor the members of the expert emergency epidemic9 |
---|
| 227 | + | response committee designated or appointed pursuant to section10 |
---|
| 228 | + | 24-33.5-704.5 are IS NOT liable for any A claim based upon the11 |
---|
| 229 | + | committee's advice PROVIDED BY AN OFFICER OR EMPLOYEE OF A STATE12 |
---|
| 230 | + | DEPARTMENT to the governor or the alleged negligent exercise or13 |
---|
| 231 | + | performance of, or failure to exercise or perform, an act relating to an14 |
---|
| 232 | + | emergency epidemic. Liability against a member of the committee AN15 |
---|
| 233 | + | OFFICER OR EMPLOYEE OF A STATE DEPARTMENT may be found only for16 |
---|
| 234 | + | wanton or willful misconduct or willful disregard of the best interests of17 |
---|
| 235 | + | protecting and maintaining the public health. Damages awarded on the18 |
---|
| 236 | + | basis of such liability shall not exceed one hundred thousand dollars for19 |
---|
| 237 | + | any injury to or damage suffered by one person or three hundred thousand20 |
---|
| 238 | + | dollars for an injury to or damage suffered by three or more persons in the21 |
---|
| 239 | + | course of an emergency epidemic.22 |
---|
| 240 | + | SECTION 9. In Colorado Revised Statutes, 25-1.5-102, amend23 |
---|
| 241 | + | (1)(b)(I) as follows:24 |
---|
| 242 | + | 25-1.5-102. Epidemic and communicable diseases - powers and25 |
---|
| 243 | + | duties of department - rules - definitions. (1) The department has, in26 |
---|
| 244 | + | addition to all other powers and duties imposed upon it by law, the27 |
---|
| 245 | + | 1027 |
---|
| 246 | + | -7- powers and duties provided in this section as follows:1 |
---|
| 247 | + | (b) (I) To investigate and monitor the spread of disease that is2 |
---|
| 248 | + | considered part of an emergency epidemic, as defined in section3 |
---|
| 249 | + | 24-33.5-703 (4), to determine the extent of environmental contamination4 |
---|
| 250 | + | resulting from the emergency epidemic, and to rapidly provide5 |
---|
| 251 | + | epidemiological and environmental information to the governor's expert6 |
---|
| 252 | + | emergency epidemic response committee, created in section7 |
---|
| 253 | + | 24-33.5-704.5 STATE BOARD OF HEALTH.8 |
---|
| 254 | + | SECTION 10. In Colorado Revised Statutes, 25-4-901, repeal9 |
---|
| 255 | + | (1); and add (1.6) and (1.8) as follows:10 |
---|
| 256 | + | 25-4-901. Definitions. As used in this part 9, unless the context11 |
---|
| 257 | + | otherwise requires:12 |
---|
| 258 | + | (1) "Certificate of immunization" means one of the following13 |
---|
| 259 | + | forms of documentation that include the dates and types of immunizations14 |
---|
| 260 | + | administered to a student:15 |
---|
| 261 | + | (a) A paper document that includes information transferred from16 |
---|
| 262 | + | the records of a licensed physician, registered nurse, or public health17 |
---|
| 263 | + | official; or18 |
---|
| 264 | + | (b) An electronic file or a hard copy of an electronic file provided19 |
---|
| 265 | + | to the school directly from the immunization tracking system, established20 |
---|
| 266 | + | pursuant to section 25-4-2403.21 |
---|
| 267 | + | (1.6) "IMMUNIZATION RECORD" MEANS A PAPER OR ELECTRONIC22 |
---|
| 268 | + | DOCUMENT FROM THE RECORDS OF A LICENSED PHYSICIAN, A PHYSICIAN23 |
---|
| 269 | + | ASSISTANT AUTHORIZED PURSUANT TO SECTION 12-240-107 (6), AN24 |
---|
| 270 | + | ADVANCED PRACTICE REGISTERED NURSE, OR A PUBLIC HEALTH OFFICIAL25 |
---|
| 271 | + | THAT INCLUDES THE DATES AND TYPES OF IMMUNIZATIONS ADMINISTERED26 |
---|
| 272 | + | TO A STUDENT.27 |
---|
| 273 | + | 1027 |
---|
| 274 | + | -8- (1.8) "OFFICIAL CERTIFICATE OF IMMUNIZATION" MEANS ONE OF1 |
---|
| 275 | + | THE FOLLOWING FORMS OF DOCUMENTATION THAT INCLUDES THE DATES2 |
---|
| 276 | + | AND TYPES OF IMMUNIZATIONS ADMINISTERED TO A STUDENT :3 |
---|
| 277 | + | (a) INFORMATION FROM AN IMMUNIZATION RECORD TRANSFERRED4 |
---|
| 278 | + | BY A LICENSED PHYSICIAN, A PHYSICIAN ASSISTANT AUTHORIZED5 |
---|
| 279 | + | PURSUANT TO SECTION 12-240-107 (6), AN ADVANCED PRACTICE6 |
---|
| 280 | + | REGISTERED NURSE, A PUBLIC HEALTH OFFICIAL, OR A SCHOOL OFFICIAL7 |
---|
| 281 | + | ONTO A PAPER OR ELECTRONIC VERSION OF THE OFFICIAL CERTIFICATE OF8 |
---|
| 282 | + | IMMUNIZATION FORM CREATED AND MAINTAINED BY THE DEPARTMENT OF9 |
---|
| 283 | + | PUBLIC HEALTH AND ENVIRONMENT ; OR10 |
---|
| 284 | + | (b) AN ELECTRONIC FILE OR A HARD COPY OF AN ELECTRONIC FILE11 |
---|
| 285 | + | PROVIDED TO THE SCHOOL DIRECTLY FROM THE IMMUNIZATION TRACKING12 |
---|
| 286 | + | SYSTEM, ESTABLISHED PURSUANT TO SECTION 25-4-2403.13 |
---|
| 287 | + | SECTION 11. In Colorado Revised Statutes, 25-4-902, amend14 |
---|
| 288 | + | (1) introductory portion, (1)(a), (2), (3), (4)(a)(II), and (4)(b); and repeal15 |
---|
| 289 | + | (1)(b) as follows:16 |
---|
| 290 | + | 25-4-902. Immunization prior to attending school -17 |
---|
| 291 | + | standardized immunization information. (1) A student shall not attend18 |
---|
| 292 | + | any school in the state of Colorado on or after the dates specified in19 |
---|
| 293 | + | section 25-4-906 (4) unless he or she THE STUDENT OR THE STUDENT 'S20 |
---|
| 294 | + | PARENT OR LEGAL GUARDIAN has presented one of the following to the21 |
---|
| 295 | + | appropriate school official:22 |
---|
| 296 | + | (a) An up-to-date OFFICIAL certificate of immunization from a23 |
---|
| 297 | + | licensed physician, physician assistant authorized pursuant to section24 |
---|
| 298 | + | 12-240-107 (6), advanced practice registered nurse, or authorized25 |
---|
| 299 | + | representative of the department of public health and environment or a26 |
---|
| 300 | + | local public health agency stating that the student has received27 |
---|
| 301 | + | 1027 |
---|
| 302 | + | -9- immunization against communicable diseases as specified by the state1 |
---|
| 303 | + | board of health based on recommendations of the advisory committee on2 |
---|
| 304 | + | immunization practices of the centers for disease control and prevention3 |
---|
| 305 | + | in the federal department of health and human services IN RULES ADOPTED4 |
---|
| 306 | + | IN ACCORDANCE WITH SECTION 25-4-904 (1); or5 |
---|
| 307 | + | (b) A written authorization signed by one parent or legal guardian,6 |
---|
| 308 | + | an emancipated student, or a student eighteen years of age or older7 |
---|
| 309 | + | requesting that local public health officials administer the immunizations;8 |
---|
| 310 | + | or9 |
---|
| 311 | + | 10 |
---|
| 312 | + | (2) If the student's OFFICIAL certificate of immunization is not up11 |
---|
| 313 | + | to date according to the requirements of the state board of health, the12 |
---|
| 314 | + | parent or guardian OF THE STUDENT or, IF THE STUDENT IS EMANCIPATED13 |
---|
| 315 | + | OR EIGHTEEN YEARS OF AGE OR OLDER, the emancipated student or the14 |
---|
| 316 | + | student eighteen years of age or older shall submit to the school, within15 |
---|
| 317 | + | fourteen THIRTY days after receiving direct personal notification that the16 |
---|
| 318 | + | OFFICIAL certificate OF IMMUNIZATION is not up to date, documentation17 |
---|
| 319 | + | INDICATING that the next required immunization has been given and THAT18 |
---|
| 320 | + | INCLUDES a written plan for completion of all required immunizations.19 |
---|
| 321 | + | The scheduling of immunizations in the written plan shall follow20 |
---|
| 322 | + | medically recommended minimum intervals approved by the state board21 |
---|
| 323 | + | of health. If the student begins but does not continue or complete the22 |
---|
| 324 | + | written plan, he or she THE SCHOOL shall be suspended or expelled23 |
---|
| 325 | + | SUSPEND OR EXPEL THE STUDENT pursuant to this part 9.24 |
---|
| 326 | + | (3) Notwithstanding the provisions of subsection (1) of this25 |
---|
| 327 | + | section, a school shall enroll a student who is in out-of-home placement26 |
---|
| 328 | + | within five school days after receiving the student's education information27 |
---|
| 329 | + | 1027 |
---|
| 330 | + | -10- and records as required in section 22-32-138, C.R.S., regardless of1 |
---|
| 331 | + | whether the school has received the items specified in subsection (1) of2 |
---|
| 332 | + | this section. Upon enrolling the student, |
---|
| 333 | + | THE REQUIREMENTS OF3 |
---|
| 334 | + | SUBSECTIONS (1) AND (2) OF THIS SECTION APPLY, AND the school shall4 |
---|
| 335 | + | notify the student's legal guardian that, unless the school receives the5 |
---|
| 336 | + | student's |
---|
| 337 | + | OFFICIAL certificate of immunization or a written authorization6 |
---|
| 338 | + | for administration of immunizations CERTIFICATE OF EXEMPTION within7 |
---|
| 339 | + | fourteen days after the student enrolls, the school shall WILL suspend the8 |
---|
| 340 | + | student until such time as the school receives the OFFICIAL certificate of9 |
---|
| 341 | + | immunization or the authorization CERTIFICATE OF EXEMPTION.10 |
---|
| 342 | + | (4) (a) On or before January 15, 2021, the department of public11 |
---|
| 343 | + | health and environment shall develop and provide to the department of12 |
---|
| 344 | + | education and the department of human services a standardized document13 |
---|
| 345 | + | regarding childhood immunizations. The department of education and the14 |
---|
| 346 | + | department of human services shall post the standardized immunization15 |
---|
| 347 | + | document on their websites on or before January 31, 2021, and on or16 |
---|
| 348 | + | before January 31 each year thereafter. The standardized document must17 |
---|
| 349 | + | be updated annually and must include, but need not be limited to:18 |
---|
| 350 | + | (II) A list of immunizations currently recommended for children19 |
---|
| 351 | + | by the advisory committee on immunization practices of the centers for20 |
---|
| 352 | + | disease control and prevention in the federal department of health and21 |
---|
| 353 | + | human services and the recommended age at which each immunization22 |
---|
| 354 | + | should be given, |
---|
| 355 | + | AS SPECIFIED BY THE STATE BOARD OF HEALTH IN RULES |
---|
| 356 | + | 23 |
---|
| 357 | + | ADOPTED IN ACCORDANCE WITH SECTION 25-4-904 (1);24 |
---|
| 358 | + | (4) (b) On or before February 15, 2021 APRIL 15, 2026, and on or25 |
---|
| 359 | + | before February 15 APRIL 15 each year thereafter, a school shall include26 |
---|
| 360 | + | on the document |
---|
| 361 | + | DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION the27 |
---|
| 362 | + | 1027 |
---|
| 363 | + | -11- school's specific immunization and exemption rates for the measles,1 |
---|
| 364 | + | mumps, and rubella vaccine for the school's enrolled student population2 |
---|
| 365 | + | for the prior school year compared to the vaccinated children standard3 |
---|
| 366 | + | described in section 25-4-911. The school may include on the document4 |
---|
| 367 | + | the school's specific immunization and exemption rates for any other5 |
---|
| 368 | + | vaccine for the school's enrolled student population for the prior school6 |
---|
| 369 | + | year. The school shall directly distribute the document to the parent or7 |
---|
| 370 | + | legal guardian of each student enrolled in its school, emancipated8 |
---|
| 371 | + | students, or students eighteen years of age or older, consistent with9 |
---|
| 372 | + | section 25-4-903 (5).10 |
---|
| 373 | + | SECTION 12. In Colorado Revised Statutes, 25-4-902.5, amend11 |
---|
| 374 | + | (1) as follows:12 |
---|
| 375 | + | 25-4-902.5. Immunization prior to attending a college or13 |
---|
| 376 | + | university - tuberculosis screening process development. (1) Except14 |
---|
| 377 | + | as provided in section 25-4-903, no A student shall NOT attend any college15 |
---|
| 378 | + | or university in the state of Colorado on or after the dates specified in16 |
---|
| 379 | + | section 25-4-906 (4) unless the student can present to the appropriate17 |
---|
| 380 | + | official of the school a AN OFFICIAL certificate of immunization from a18 |
---|
| 381 | + | licensed physician, licensed physician assistant authorized under section19 |
---|
| 382 | + | 12-240-107 (6), licensed advanced practice registered nurse, or authorized20 |
---|
| 383 | + | representative of the department of public health and environment or21 |
---|
| 384 | + | county, district, or municipal public health agency stating that the student22 |
---|
| 385 | + | has received immunization against communicable diseases as specified23 |
---|
| 386 | + | by the state board of health. or a written authorization signed by one24 |
---|
| 387 | + | parent or guardian or the emancipated student or the student eighteen25 |
---|
| 388 | + | years of age or older requesting that local health officials administer the26 |
---|
| 389 | + | immunizations or a plan signed by one parent or guardian or the27 |
---|
| 390 | + | 1027 |
---|
| 391 | + | -12- emancipated student or the student eighteen years of age or older for1 |
---|
| 392 | + | receipt by the student of the required inoculation or the first or the next2 |
---|
| 393 | + | required of a series of inoculations within thirty days.3 |
---|
| 394 | + | SECTION 13. In Colorado Revised Statutes, 25-4-903, amend4 |
---|
| 395 | + | (2) introductory portion, (2)(a), (2)(b)(II)(B), (2.2)(a)(III), (2.2)(b)(II),5 |
---|
| 396 | + | and (2.2)(b)(III) as follows:6 |
---|
| 397 | + | 25-4-903. Exemptions from immunization - rules. (2) A7 |
---|
| 398 | + | U |
---|
| 399 | + | NLESS A STUDENT IS EXEMPTED PURSUANT TO THIS SECTION , THE parent8 |
---|
| 400 | + | or legal guardian |
---|
359 | | - | THE student immunized, unless |
---|
360 | | - | the student is exempted pursuant to this section, or an emancipated student |
---|
361 | | - | or a student eighteen years of age or older OR, IF A STUDENT IS |
---|
362 | | - | EMANCIPATED OR EIGHTEEN YEARS OF AGE OR OLDER |
---|
363 | | - | , THE STUDENT shall |
---|
364 | | - | have himself or herself |
---|
365 | | - | THEMSELF immunized. unless the student is |
---|
366 | | - | exempted pursuant to this section. A student is exempted from receiving the |
---|
367 | | - | required immunizations in the following manner: |
---|
368 | | - | (a) By submitting to the student's school a completed certificate of |
---|
369 | | - | medical exemption from a licensed physician, physician assistant authorized |
---|
370 | | - | PAGE 9-HOUSE BILL 25-1027 pursuant to section 12-240-107 (6), or advanced practice registered nurse |
---|
371 | | - | that the physical condition of the student is such that one or more specified |
---|
372 | | - | immunizations would endanger his or her |
---|
373 | | - | THE STUDENT'S life or health or |
---|
374 | | - | are medically contraindicated due to other medical conditions; or |
---|
375 | | - | (b) (II) (B) A complete certificate of nonmedical exemption must |
---|
376 | | - | include the signature of a person who is authorized pursuant to title 12 to |
---|
377 | | - | administer immunizations within his or her |
---|
378 | | - | THE PERSON'S scope of practice |
---|
379 | | - | to the student for whom the certificate of nonmedical exemption is sought. |
---|
380 | | - | Nothing in this subsection (2)(b)(II)(B) requires a person authorized |
---|
381 | | - | pursuant to title 12 to administer immunizations within his or her |
---|
382 | | - | THE |
---|
383 | | - | PERSON |
---|
384 | | - | 'S scope of practice to sign a certificate of nonmedical exemption. |
---|
385 | | - | Notwithstanding any law or rule to the contrary, a body that regulates the |
---|
386 | | - | professional conduct of a person who is authorized pursuant to title 12 to |
---|
387 | | - | administer immunizations within his or her |
---|
388 | | - | THE PERSON'S scope of practice |
---|
389 | | - | to the student for whom the certificate is sought shall not order a |
---|
390 | | - | disciplinary action against the person because the person authorized to sign |
---|
391 | | - | the certificate signed such certificate pursuant to this subsection |
---|
392 | | - | (2)(b)(II)(B). It is unlawful for the employer or any |
---|
393 | | - | A professional |
---|
394 | | - | organization to retaliate against a person because the person authorized to |
---|
395 | | - | sign a certificate signed such certificate pursuant to this subsection |
---|
396 | | - | (2)(b)(II)(B). |
---|
397 | | - | (2.2) (a) (III) A person authorized pursuant to title 12 to administer |
---|
398 | | - | immunizations within his or her |
---|
399 | | - | THE PERSON'S scope of practice to the |
---|
400 | | - | student for whom the certificate of nonmedical exemption is sought and |
---|
401 | | - | who signs the certificate of nonmedical exemption form shall provide a |
---|
402 | | - | copy of a completed certificate of nonmedical exemption to the student's |
---|
403 | | - | parent or legal guardian, the emancipated student, or the student eighteen |
---|
404 | | - | years of age or older. |
---|
405 | | - | (b) (II) A person authorized pursuant to title 12 to administer |
---|
406 | | - | immunizations within his or her |
---|
407 | | - | THE PERSON'S scope of practice to the |
---|
408 | | - | student for whom the certificate of nonmedical exemption is sought and |
---|
409 | | - | who signs the certificate of nonmedical exemption shall submit the |
---|
410 | | - | nonmedical exemption data to the immunization tracking system created in |
---|
411 | | - | section 25-4-2403. |
---|
412 | | - | (III) Notwithstanding subsections (2.2)(b)(I) and (2.2)(b)(II) of this |
---|
413 | | - | section, a licensed physician, a physician assistant authorized pursuant to |
---|
414 | | - | PAGE 10-HOUSE BILL 25-1027 section 12-240-107 (6), an advanced practice registered nurse, or a person |
---|
415 | | - | authorized pursuant to title 12 to administer immunizations within his or her |
---|
416 | | - | THE PERSON'S scope of practice is not subject to a regulatory sanction for |
---|
417 | | - | failing to submit medical exemption or nonmedical exemption data to the |
---|
418 | | - | immunization tracking system. |
---|
419 | | - | SECTION 14. In Colorado Revised Statutes, amend 25-4-904 as |
---|
420 | | - | follows: |
---|
421 | | - | 25-4-904. Rules - immunization rules - rule-making authority of |
---|
422 | | - | state board of health. (1) (a) The state board of health shall establish rules |
---|
423 | | - | and regulations |
---|
424 | | - | for administering this part 9. Such IN ORDER TO PREVENT |
---|
425 | | - | THE TRANSMISSION OF COMMUNICABLE DISEASES AND THE EFFECTS OF |
---|
426 | | - | SERIOUS DISEASES |
---|
427 | | - | , THE STATE BOARD OF HEALTH rules and regulations shall: |
---|
428 | | - | (I) Establish which THE immunizations shall be THAT ARE required |
---|
| 402 | + | THE student9 |
---|
| 403 | + | immunized, unless the student is exempted pursuant to this section, or an10 |
---|
| 404 | + | emancipated student or a student eighteen years of age or older OR, IF A11 |
---|
| 405 | + | STUDENT IS EMANCIPATED OR EIGHTEEN YEARS OF AGE OR OLDER , THE12 |
---|
| 406 | + | STUDENT shall have himself or herself THEMSELF immunized. unless the13 |
---|
| 407 | + | student is exempted pursuant to this section. A student is exempted from14 |
---|
| 408 | + | receiving the required immunizations in the following manner:15 |
---|
| 409 | + | (a) By submitting to the student's school a completed certificate16 |
---|
| 410 | + | of medical exemption from a licensed physician, physician assistant17 |
---|
| 411 | + | authorized pursuant to section 12-240-107 (6), or advanced practice18 |
---|
| 412 | + | registered nurse that the physical condition of the student is such that one19 |
---|
| 413 | + | or more specified immunizations would endanger his or her THE20 |
---|
| 414 | + | STUDENT'S life or health or are medically contraindicated due to other21 |
---|
| 415 | + | medical conditions; or22 |
---|
| 416 | + | (b) (II) (B) A complete certificate of nonmedical exemption must23 |
---|
| 417 | + | include the signature of a person who is authorized pursuant to title 12 to24 |
---|
| 418 | + | administer immunizations within his or her THE PERSON'S scope of25 |
---|
| 419 | + | practice to the student for whom the certificate of nonmedical exemption26 |
---|
| 420 | + | is sought. Nothing in this subsection (2)(b)(II)(B) requires a person27 |
---|
| 421 | + | 1027 |
---|
| 422 | + | -13- authorized pursuant to title 12 to administer immunizations within his or1 |
---|
| 423 | + | her THE PERSON'S scope of practice to sign a certificate of nonmedical2 |
---|
| 424 | + | exemption. Notwithstanding any law or rule to the contrary, a body that3 |
---|
| 425 | + | regulates the professional conduct of a person who is authorized pursuant4 |
---|
| 426 | + | to title 12 to administer immunizations within his or her THE PERSON'S5 |
---|
| 427 | + | scope of practice to the student for whom the certificate is sought shall6 |
---|
| 428 | + | not order a disciplinary action against the person because the person7 |
---|
| 429 | + | authorized to sign the certificate signed such certificate pursuant to this8 |
---|
| 430 | + | subsection (2)(b)(II)(B). It is unlawful for the employer or any A9 |
---|
| 431 | + | professional organization to retaliate against a person because the person10 |
---|
| 432 | + | authorized to sign a certificate signed such certificate pursuant to this11 |
---|
| 433 | + | subsection (2)(b)(II)(B).12 |
---|
| 434 | + | (2.2) (a) (III) A person authorized pursuant to title 12 to13 |
---|
| 435 | + | administer immunizations within his or her THE PERSON'S scope of14 |
---|
| 436 | + | practice to the student for whom the certificate of nonmedical exemption15 |
---|
| 437 | + | is sought and who signs the certificate of nonmedical exemption form16 |
---|
| 438 | + | shall provide a copy of a completed certificate of nonmedical exemption17 |
---|
| 439 | + | to the student's parent or legal guardian, the emancipated student, or the18 |
---|
| 440 | + | student eighteen years of age or older.19 |
---|
| 441 | + | (b) (II) A person authorized pursuant to title 12 to administer20 |
---|
| 442 | + | immunizations within his or her THE PERSON'S scope of practice to the21 |
---|
| 443 | + | student for whom the certificate of nonmedical exemption is sought and22 |
---|
| 444 | + | who signs the certificate of nonmedical exemption shall submit the23 |
---|
| 445 | + | nonmedical exemption data to the immunization tracking system created24 |
---|
| 446 | + | in section 25-4-2403.25 |
---|
| 447 | + | (III) Notwithstanding subsections (2.2)(b)(I) and (2.2)(b)(II) of26 |
---|
| 448 | + | this section, a licensed physician, a physician assistant authorized27 |
---|
| 449 | + | 1027 |
---|
| 450 | + | -14- pursuant to section 12-240-107 (6), an advanced practice registered nurse,1 |
---|
| 451 | + | or a person authorized pursuant to title 12 to administer immunizations2 |
---|
| 452 | + | within his or her THE PERSON'S scope of practice is not subject to a3 |
---|
| 453 | + | regulatory sanction for failing to submit medical exemption or4 |
---|
| 454 | + | nonmedical exemption data to the immunization tracking system.5 |
---|
| 455 | + | SECTION 14. In Colorado Revised Statutes, amend 25-4-904 as6 |
---|
| 456 | + | follows:7 |
---|
| 457 | + | 25-4-904. Rules - immunization rules - rule-making authority8 |
---|
| 458 | + | of state board of health. (1) (a) The state board of health shall establish9 |
---|
| 459 | + | rules and regulations for administering this part 9. Such IN ORDER TO10 |
---|
| 460 | + | PREVENT THE TRANSMISSION OF COMMUNICABLE DISEASES AND THE11 |
---|
| 461 | + | EFFECTS OF SERIOUS DISEASES, THE STATE BOARD OF HEALTH rules and12 |
---|
| 462 | + | regulations shall:13 |
---|
| 463 | + | (I) Establish which THE immunizations shall be THAT ARE required14 |
---|
431 | | - | CONSIDERATION RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON |
---|
432 | | - | IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND |
---|
433 | | - | PREVENTION IN THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN |
---|
434 | | - | SERVICES AND |
---|
435 | | - | , AS APPROPRIATE, RECOMMENDATIONS OF THE AMERICAN |
---|
436 | | - | ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY |
---|
437 | | - | PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND |
---|
438 | | - | GYNECOLOGISTS, AND THE AMERICAN COLLEGE OF PHYSICIANS; and shall |
---|
439 | | - | (II) Conform to recognized standard medical practices. |
---|
440 | | - | (b) Such THE rules and regulations may also require the reporting |
---|
441 | | - | of statistical information and names of noncompliers by the schools. |
---|
442 | | - | (c) The department of public health and environment shall |
---|
443 | | - | administer and enforce the immunization requirements. |
---|
444 | | - | (2) All rule-making authority granted to the state board of health |
---|
445 | | - | under this article 4 is granted on the condition that the general assembly |
---|
446 | | - | reserves the power to delete or rescind any rule of the board. All rules |
---|
447 | | - | promulgated |
---|
448 | | - | ADOPTED pursuant to this subsection (2) SECTION are subject |
---|
449 | | - | to section 24-4-103. |
---|
450 | | - | SECTION 15. In Colorado Revised Statutes, amend 25-4-904.5 as |
---|
451 | | - | PAGE 11-HOUSE BILL 25-1027 follows: |
---|
452 | | - | 25-4-904.5. Annual alignment evaluation. The department of |
---|
453 | | - | public health and environment shall annually evaluate the state's |
---|
454 | | - | immunization practices, including an examination of updated best practices |
---|
455 | | - | and guidelines recommended by the advisory committee on immunization |
---|
456 | | - | practices of the centers for disease control and prevention in the federal |
---|
457 | | - | department of health and human services |
---|
458 | | - | AND, AS APPROPRIATE, BY THE |
---|
459 | | - | AMERICAN ACADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY |
---|
460 | | - | PHYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND |
---|
461 | | - | GYNECOLOGISTS, AND THE AMERICAN COLLEGE OF PHYSICIANS. The state |
---|
462 | | - | board of health shall review the department of public health and |
---|
463 | | - | environment's annual evaluation and may update the state's immunization |
---|
464 | | - | practices pursuant to the department of public health and environment's |
---|
465 | | - | annual evaluation. |
---|
466 | | - | SECTION 16. In Colorado Revised Statutes, amend 25-4-905 as |
---|
467 | | - | follows: |
---|
468 | | - | 25-4-905. Immunization of indigent children. (1) The county, |
---|
469 | | - | district, or municipal public health agency; a public health or school nurse |
---|
470 | | - | under the supervision of a licensed physician or physician assistant |
---|
471 | | - | authorized under section 12-240-107 (6); or the department of public health |
---|
472 | | - | and environment, in the absence of a county, district, or municipal public |
---|
473 | | - | health agency or public health nurse, shall provide, at public expense to the |
---|
474 | | - | extent that funds are |
---|
475 | | - | FUNDING IS available, immunizations required by this |
---|
476 | | - | part 9 to each child whose parents or guardians cannot afford to have the |
---|
477 | | - | child immunized or, if emancipated, who cannot himself or herself |
---|
478 | | - | THEMSELF afford immunization and who has not been exempted. The |
---|
479 | | - | department of public health and environment shall provide all vaccines |
---|
480 | | - | necessary to comply with this section as far as funds |
---|
481 | | - | FUNDING will permit. |
---|
482 | | - | Nothing in this section precludes the department of public health and |
---|
483 | | - | environment from distributing vaccines to physicians, |
---|
484 | | - | PHYSICIAN |
---|
485 | | - | ASSISTANTS AUTHORIZED UNDER SECTION |
---|
486 | | - | 12-240-107 (6), advanced practice |
---|
487 | | - | registered nurses, or others as required by law or the rules of the |
---|
488 | | - | department. No |
---|
489 | | - | AN indigent child shall NOT be excluded, suspended, or |
---|
490 | | - | expelled from school unless the immunizations have been available and |
---|
491 | | - | readily accessible to the child at public expense. |
---|
492 | | - | (2) Notwithstanding any other provision of this part 9 to the |
---|
493 | | - | PAGE 12-HOUSE BILL 25-1027 contrary, programs and services that provide immunizations to children for |
---|
494 | | - | communicable diseases shall be |
---|
495 | | - | MADE available to a child regardless of hisor her THE CHILD'S race, religion, gender, ethnicity, national origin, or |
---|
496 | | - | immigration status. |
---|
497 | | - | SECTION 17. In Colorado Revised Statutes, 25-4-906, amend (1), |
---|
498 | | - | (2), and (4) as follows: |
---|
499 | | - | 25-4-906. Certificate of immunization - forms. (1) The |
---|
500 | | - | department of public health and environment shall provide official |
---|
501 | | - | certificates of immunization to the schools, private physicians, and county, |
---|
502 | | - | district, and municipal public health agencies. Upon the commencement of |
---|
503 | | - | the gathering of epidemiological information pursuant to section 25-4-2403 |
---|
504 | | - | to implement the immunization tracking system, such form shall include a |
---|
505 | | - | notice that informs a parent or legal guardian that he or she |
---|
506 | | - | THE PARENT OR |
---|
507 | | - | LEGAL GUARDIAN |
---|
508 | | - | has the option to exclude his or her |
---|
509 | | - | THEIR infant's, child's, |
---|
510 | | - | or student's immunization information from the immunization tracking |
---|
511 | | - | system created in section 25-4-2403. A |
---|
512 | | - | SCHOOL OFFICIAL MAY ACCEPT any |
---|
513 | | - | immunization record provided by a licensed physician, registered nurse, or |
---|
514 | | - | public health official may be accepted by the school official as certification |
---|
515 | | - | AS PROOF of immunization if the information is transferred to the official |
---|
516 | | - | certificate of immunization. and verified by the school official. |
---|
517 | | - | (2) (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(a)(II) OF THIS |
---|
518 | | - | SECTION |
---|
519 | | - | , each school shall maintain on file an official certificate of |
---|
520 | | - | immunization for every student enrolled |
---|
521 | | - | IN THE SCHOOL. |
---|
522 | | - | (II) I |
---|
523 | | - | N LIEU OF AN OFFICIAL CERTIFICATE OF IMMUNIZATION , A |
---|
524 | | - | LICENSED CHILDREN |
---|
525 | | - | 'S RESIDENTIAL CAMP MAY MAINTAIN ON FILE AN |
---|
526 | | - | OUT |
---|
527 | | - | -OF-STATE IMMUNIZATION RECORD FOR AN OUT -OF-STATE CAMPER |
---|
528 | | - | ATTENDING THE RESIDENTIAL CAMP |
---|
529 | | - | . |
---|
530 | | - | (b) (I) W |
---|
531 | | - | HEN A STUDENT WITHDRAWS, TRANSFERS, IS PROMOTED, OR |
---|
532 | | - | OTHERWISE LEAVES A SCHOOL |
---|
533 | | - | , THE SCHOOL SHALL: |
---|
534 | | - | (A) U |
---|
535 | | - | PON REQUEST, RETURN the OFFICIAL certificate shall be |
---|
536 | | - | returned OF IMMUNIZATION to the parent or guardian OF A STUDENT or, IF A |
---|
537 | | - | STUDENT IS EMANCIPATED OR EIGHTEEN YEARS OF AGE OR OLDER |
---|
538 | | - | , TO the |
---|
539 | | - | emancipated |
---|
540 | | - | student; or student eighteen years of age or older when a |
---|
541 | | - | student withdraws, transfers, is promoted, or otherwise leaves the school, |
---|
542 | | - | PAGE 13-HOUSE BILL 25-1027 or the school shall |
---|
543 | | - | (B) Transfer the OFFICIAL certificate OF IMMUNIZATION with the |
---|
544 | | - | student's school record to the new school. |
---|
545 | | - | (II) Upon a college or university student's request, the |
---|
546 | | - | COLLEGE OR |
---|
547 | | - | UNIVERSITY SHALL FORWARD THE |
---|
548 | | - | official certificate of immunization shall |
---|
549 | | - | be forwarded as specified by the student. |
---|
550 | | - | (4) All students enrolled in any school in Colorado on and after |
---|
551 | | - | August 15, 1979, shall furnish the required |
---|
552 | | - | OFFICIAL certificate of |
---|
553 | | - | immunization or shall be suspended or expelled from school. Students |
---|
554 | | - | enrolling in school in Colorado for the first time on and after July 1, 1978, |
---|
555 | | - | shall provide a |
---|
556 | | - | AN OFFICIAL certificate of immunization or shall be excluded |
---|
557 | | - | from school except as provided in section 25-4-903. |
---|
558 | | - | SECTION 18. In Colorado Revised Statutes, 25-4-907, repeal (2) |
---|
559 | | - | as follows: |
---|
560 | | - | 25-4-907. Noncompliance. (2) In the event of suspension or |
---|
561 | | - | expulsion of a student, school officials shall notify the state department of |
---|
562 | | - | public health and environment or the county, district, and municipal public |
---|
563 | | - | health agency. An agent of said department shall then contact the parent or |
---|
564 | | - | guardian or the emancipated student or student eighteen years of age or |
---|
565 | | - | older in an effort to secure compliance with this part 9 in order that the |
---|
566 | | - | student may be reenrolled in school. |
---|
567 | | - | SECTION 19. In Colorado Revised Statutes, 25-3-603, amend (1) |
---|
568 | | - | as follows: |
---|
569 | | - | 25-3-603. Department reports. (1) Notwithstanding section |
---|
570 | | - | 24-1-136 (11)(a)(I), on or before July 15, 2017 SEPTEMBER 15, 2025, and |
---|
571 | | - | each July 15 SEPTEMBER 15 thereafter, the department shall submit to the |
---|
572 | | - | health and human services committees of the house of representatives and |
---|
| 466 | + | 15 |
---|
| 467 | + | CONSIDERATION RECOMMENDATIONS OF THE ADVISORY COMMITTEE ON16 |
---|
| 468 | + | IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND17 |
---|
| 469 | + | PREVENTION IN THE FEDERAL DEPARTMENT OF HEALTH AND HUMAN18 |
---|
| 470 | + | SERVICES AND, AS APPROPRIATE, RECOMMENDATIONS OF THE AMERICAN19 |
---|
| 471 | + | A |
---|
| 472 | + | CADEMY OF PEDIATRICS, THE AMERICAN ACADEMY OF FAMILY |
---|
| 473 | + | 20 |
---|
| 474 | + | P |
---|
| 475 | + | HYSICIANS, THE AMERICAN COLLEGE OF OBSTETRICIANS AND |
---|
| 476 | + | 21 |
---|
| 477 | + | G |
---|
| 478 | + | YNECOLOGISTS, AND THE AMERICAN COLLEGE OF PHYSICIANS; and shall |
---|
| 479 | + | 22 |
---|
| 480 | + | (II) Conform to recognized standard medical practices.23 |
---|
| 481 | + | (b) Such THE rules and regulations may also require the reporting24 |
---|
| 482 | + | of statistical information and names of noncompliers by the schools.25 |
---|
| 483 | + | (c) The department of public health and environment shall26 |
---|
| 484 | + | administer and enforce the immunization requirements.27 |
---|
| 485 | + | 1027 |
---|
| 486 | + | -15- (2) All rule-making authority granted to the state board of health1 |
---|
| 487 | + | under this article 4 is granted on the condition that the general assembly2 |
---|
| 488 | + | reserves the power to delete or rescind any rule of the board. All rules3 |
---|
| 489 | + | promulgated ADOPTED pursuant to this subsection (2) SECTION are subject4 |
---|
| 490 | + | to section 24-4-103.5 |
---|
| 491 | + | SECTION 15. In Colorado Revised Statutes, amend 25-4-904.56 |
---|
| 492 | + | as follows:7 |
---|
| 493 | + | 25-4-904.5. Annual alignment evaluation. The department of8 |
---|
| 494 | + | public health and environment shall annually evaluate the state's9 |
---|
| 495 | + | immunization practices, including an examination of updated best10 |
---|
| 496 | + | practices and guidelines recommended by the advisory committee on11 |
---|
| 497 | + | immunization practices of the centers for disease control and prevention12 |
---|
| 498 | + | in the federal department of health and human services |
---|
| 499 | + | AND, AS |
---|
| 500 | + | 13 |
---|
| 501 | + | APPROPRIATE, BY THE AMERICAN ACADEMY OF PEDIATRICS, THE14 |
---|
| 502 | + | A |
---|
| 503 | + | MERICAN ACADEMY OF FAMILY PHYSICIANS, THE AMERICAN COLLEGE |
---|
| 504 | + | 15 |
---|
| 505 | + | OF OBSTETRICIANS AND GYNECOLOGISTS, AND THE AMERICAN COLLEGE16 |
---|
| 506 | + | OF PHYSICIANS. The state board of health shall review the department of17 |
---|
| 507 | + | public health and environment's annual evaluation and may update the18 |
---|
| 508 | + | state's immunization practices pursuant to the department of public health19 |
---|
| 509 | + | and environment's annual evaluation.20 |
---|
| 510 | + | SECTION 16. In Colorado Revised Statutes, amend 25-4-905 as21 |
---|
| 511 | + | follows:22 |
---|
| 512 | + | 25-4-905. Immunization of indigent children. (1) The county,23 |
---|
| 513 | + | district, or municipal public health agency; a public health or school nurse24 |
---|
| 514 | + | under the supervision of a licensed physician or physician assistant25 |
---|
| 515 | + | authorized under section 12-240-107 (6); or the department of public26 |
---|
| 516 | + | health and environment, in the absence of a county, district, or municipal27 |
---|
| 517 | + | 1027 |
---|
| 518 | + | -16- public health agency or public health nurse, shall provide, at public1 |
---|
| 519 | + | expense to the extent that funds are FUNDING IS available, immunizations2 |
---|
| 520 | + | required by this part 9 to each child whose parents or guardians cannot3 |
---|
| 521 | + | afford to have the child immunized or, if emancipated, who cannot4 |
---|
| 522 | + | himself or herself THEMSELF afford immunization and who has not been5 |
---|
| 523 | + | exempted. The department of public health and environment shall provide6 |
---|
| 524 | + | all vaccines necessary to comply with this section as far as funds FUNDING7 |
---|
| 525 | + | will permit. Nothing in this section precludes the department of public8 |
---|
| 526 | + | health and environment from distributing vaccines to physicians,9 |
---|
| 527 | + | PHYSICIAN ASSISTANTS AUTHORIZED UNDER SECTION 12-240-107 (6),10 |
---|
| 528 | + | advanced practice registered nurses, or others as required by law or the11 |
---|
| 529 | + | rules of the department. No |
---|
| 530 | + | AN indigent child shall NOT be excluded,12 |
---|
| 531 | + | suspended, or expelled from school unless the immunizations have been13 |
---|
| 532 | + | available and readily accessible to the child at public expense.14 |
---|
| 533 | + | (2) Notwithstanding any other provision of this part 9 to the15 |
---|
| 534 | + | contrary, programs and services that provide immunizations to children16 |
---|
| 535 | + | for communicable diseases shall be |
---|
| 536 | + | MADE available to a child regardless17 |
---|
| 537 | + | of his or her |
---|
| 538 | + | THE CHILD'S race, religion, gender, ethnicity, national origin,18 |
---|
| 539 | + | or immigration status.19 |
---|
| 540 | + | SECTION 17. In Colorado Revised Statutes, 25-4-906, amend20 |
---|
| 541 | + | (1), (2), and (4) as follows:21 |
---|
| 542 | + | 25-4-906. Certificate of immunization - forms. (1) The22 |
---|
| 543 | + | department of public health and environment shall provide official23 |
---|
| 544 | + | certificates of immunization to the schools, private physicians, and24 |
---|
| 545 | + | county, district, and municipal public health agencies. Upon the25 |
---|
| 546 | + | commencement of the gathering of epidemiological information pursuant26 |
---|
| 547 | + | to section 25-4-2403 to implement the immunization tracking system,27 |
---|
| 548 | + | 1027 |
---|
| 549 | + | -17- such form shall include a notice that informs a parent or legal guardian1 |
---|
| 550 | + | that he or she THE PARENT OR LEGAL GUARDIAN has the option to exclude2 |
---|
| 551 | + | his or her THEIR infant's, child's, or student's immunization information3 |
---|
| 552 | + | from the immunization tracking system created in section 25-4-2403. 4 |
---|
| 553 | + | A SCHOOL OFFICIAL MAY ACCEPT any immunization record provided by5 |
---|
| 554 | + | a licensed physician, registered nurse, or public health official may be6 |
---|
| 555 | + | accepted by the school official as certification AS PROOF of immunization7 |
---|
| 556 | + | if the information is transferred to the official certification of8 |
---|
| 557 | + | immunization. and verified by the school official.9 |
---|
| 558 | + | (2) (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(a)(II) OF THIS10 |
---|
| 559 | + | SECTION, each school shall maintain on file an official certificate of11 |
---|
| 560 | + | immunization for every student enrolled IN THE SCHOOL.12 |
---|
| 561 | + | (II) IN LIEU OF AN OFFICIAL CERTIFICATE OF IMMUNIZATION , A13 |
---|
| 562 | + | LICENSED CHILDREN'S RESIDENTIAL CAMP MAY MAINTAIN ON FILE AN14 |
---|
| 563 | + | OUT-OF-STATE IMMUNIZATION RECORD FOR AN OUT-OF-STATE CAMPER15 |
---|
| 564 | + | ATTENDING THE RESIDENTIAL CAMP .16 |
---|
| 565 | + | (b) (I) WHEN A STUDENT WITHDRAWS, TRANSFERS, IS PROMOTED,17 |
---|
| 566 | + | OR OTHERWISE LEAVES A SCHOOL , THE SCHOOL SHALL:18 |
---|
| 567 | + | (A) UPON REQUEST, RETURN the OFFICIAL certificate shall be19 |
---|
| 568 | + | returned OF IMMUNIZATION to the parent or guardian OF A STUDENT or, IF20 |
---|
| 569 | + | A STUDENT IS EMANCIPATED OR EIGHTEEN YEARS OF AGE OR OLDER, TO the21 |
---|
| 570 | + | emancipated student; or student eighteen years of age or older when a22 |
---|
| 571 | + | student withdraws, transfers, is promoted, or otherwise leaves the school,23 |
---|
| 572 | + | or the school shall24 |
---|
| 573 | + | (B) Transfer the OFFICIAL certificate OF IMMUNIZATION with the25 |
---|
| 574 | + | student's school record to the new school. 26 |
---|
| 575 | + | (II) Upon a college or university student's request, the COLLEGE OR27 |
---|
| 576 | + | 1027 |
---|
| 577 | + | -18- UNIVERSITY SHALL FORWARD THE official certificate of immunization1 |
---|
| 578 | + | shall be forwarded as specified by the student.2 |
---|
| 579 | + | (4) All students enrolled in any school in Colorado on and after3 |
---|
| 580 | + | August 15, 1979, shall furnish the required OFFICIAL certificate of4 |
---|
| 581 | + | immunization or shall be suspended or expelled from school. Students5 |
---|
| 582 | + | enrolling in school in Colorado for the first time on and after July 1, 1978,6 |
---|
| 583 | + | shall provide a AN OFFICIAL certificate of immunization or shall be7 |
---|
| 584 | + | excluded from school except as provided in section 25-4-903.8 |
---|
| 585 | + | SECTION 18. In Colorado Revised Statutes, 25-4-907, repeal (2)9 |
---|
| 586 | + | as follows:10 |
---|
| 587 | + | 25-4-907. Noncompliance. (2) In the event of suspension or11 |
---|
| 588 | + | expulsion of a student, school officials shall notify the state department12 |
---|
| 589 | + | of public health and environment or the county, district, and municipal13 |
---|
| 590 | + | public health agency. An agent of said department shall then contact the14 |
---|
| 591 | + | parent or guardian or the emancipated student or student eighteen years15 |
---|
| 592 | + | of age or older in an effort to secure compliance with this part 9 in order16 |
---|
| 593 | + | that the student may be reenrolled in school.17 |
---|
| 594 | + | SECTION 19. In Colorado Revised Statutes, 25-3-603, amend18 |
---|
| 595 | + | (1) as follows:19 |
---|
| 596 | + | 25-3-603. Department reports. (1) Notwithstanding section20 |
---|
| 597 | + | 24-1-136 (11)(a)(I), on or before July 15, 2017 SEPTEMBER 15, 2025, and21 |
---|
| 598 | + | each July 15 SEPTEMBER 15 thereafter, the department shall submit to the22 |
---|
| 599 | + | health and human services committees of the house of representatives and23 |
---|