The act creates the sixth through twelfth grade mental health screening program (program) administered by the behavioral health administration (BHA) to identify risks and provide resources and referrals related to student mental and emotional health needs. The act allows any public school that serves any of grades 6 through 12 and meets certain requirements to participate in the program.

The act requires participating schools to provide written notice to the parents of students within the first 2 weeks of the start of the school year in order to allow parents to opt their child out of the program.

Mental health screenings must be conducted in participating schools by a screener selected through a request for proposals process. The act requires a screener to notify a student's parent if the screener determines that additional mental health services are needed based on the student's mental health screening results.

Students who are home-schooled but who participate in extracurricular activities or athletic programs at a participating school are exempt from the program.

The act appropriates $475,278 from the general fund to the department of human services for community-based mental health services related to the program.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)

The act requires the supreme court to select members of the commission on judicial discipline (commission) who are district and county judges from nominee pools created by the state court administrator. Upon a vacancy of a district judge or county judge member, the state court administrator shall create a nominee pool of 10 district or county judges, as appropriate. When making its selection, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county.

The office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel (judicial oversight entities) are required to provide requested material to the commission within 14 calendar days after the request, and a judicial oversight entity may not withhold requested material through a claim of privilege or confidentiality. A provision in a contract entered into after the effective date of the act that prohibits a judicial oversight entity from disclosing information to the commission is void as against public policy and is unenforceable.

The rule-making committee that is established in the constitution to propose rules for the judicial discipline process shall provide the commission and judicial discipline adjudicative board (board) with reasonable notice before proposing any new rule or amendment and requires the committee to post notice of each rule change and allow for public comment concerning proposed changes.

Current law requires the commission to maintain annual data and statistics related to its work and judicial misconduct allegations. The act requires the commission to maintain additional information and requires the commission to include the data and information in its annual report and make the data and information available online in a searchable format.

The act permits a person to submit a request for evaluation of judicial misconduct by mail or online and to submit a confidential or anonymous request for evaluation. The office of judicial discipline (office) is required to develop an online request for evaluation form that is accessible from the commission's public website. The office shall provide complainants with information about the judicial discipline process, the status of the complainant's request, and any subsequent investigation and disciplinary or adjudicative process.

The act requires a judge member of a board panel hearing a judicial discipline proceeding to provide administrative staff support for the panel.

The act repeals the statute establishing the legislative interim committee on judicial discipline and statutory provisions concerning the confidentiality of judicial discipline investigation records, including repealing the penalty for disclosing confidential information.

The portions of the act concerning the selection of judge members of the commission, the board, and judicial discipline rule-making take effect only if House Concurrent Resolution 23-1001 is approved by the people at the general election to be held November 2024.

The act appropriates $126,986 to the judicial department for use by the commission for the office.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that portions of the act shall take effect only if House Concurrent Resolution 23-1001 is approved by the people at the general election to be held November 2024 and will take effect on the date of the official declaration of the vote on said Concurrent Resolution 23-1001 by the governor; except that, if a referendum petition is filed pursuant to this act, then the act or section will not take effect unless approved by the people at the general election to be held in November 2024 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
(Note: This summary applies to this bill as enacted.)

Under current law, an incarcerated person can motion the court for postconviction DNA testing to prove the person's actual innocence if DNA testing was not available at the time of the person's prosecution. The bill changes who can apply for postconviction DNA testing to include a person convicted of or adjudicated not guilty by reason of insanity for a felony offense in Colorado, including a person currently incarcerated; a person on parole or probation for a felony offense; a person subject to sex offender registration; or a person who has completed the sentence imposed for the felony offense (eligible person).

The act allows an eligible person to apply for postconviction DNA testing:

• To show a reasonable probability that the person would not have been convicted; or
• If evidence was previously available and tested and the evidence now can be subjected to more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results.

The act permits the court to order postconviction DNA testing if there is a reasonable probability that the petitioner would not have been convicted if favorable results had been obtained through DNA testing at the time of the original prosecution.

The act allows a court to consider a subsequent petition with new or different grounds for relief if the petitioner establishes good cause or the interests of justice so require.

If the results of DNA testing are favorable to the petitioner, the court shall schedule a hearing within 30 days after the results to determine appropriate relief to be granted including, but not limited to, an order setting aside or vacating the petitioner's conviction. The act requires the district attorney to notify the victim of the hearing at which the victim can appear.

APPROVED by Governor March 10, 2023

EFFECTIVE October 1, 2023
(Note: This summary applies to this bill as enacted.)

The act prohibits a licensed physician or physician assistant; licensed medical resident, intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing, and prohibits a licensed health-care facility from permitting a licensee, student, or trainee to perform, an intimate examination on a sedated or unconscious patient unless the patient has given specific informed consent to an intimate examination. Additionally, a student or trainee may perform an intimate examination on a sedated or unconscious patient for educational or training purposes only if:

• The examination is related to the planned procedure to be performed on the patient;
• The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and
• The student or trainee is under the direct supervision of the supervising licensee.

The informed consent requirement does not apply in an emergency situation in which an intimate examination on a sedated or unconscious patient is medically necessary for the life or well-being of the patient or if the licensee has previously obtained the patient's consent to health care that includes an intimate examination about which the patient has been informed.

The act outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the act, or retaliating against a person who complains about a violation of the act, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility that fails to comply with the requirements of the act is subject to sanctions imposed by the department of public health and environment.

Additionally, a patient who is subjected to an intimate examination in violation of the requirements of the act may file a civil action for damages, which action is not a medical malpractice action, and the statutory cap on noneconomic damages in civil actions applies to an award to a patient for noneconomic damages.

For the 2023-24 state fiscal year, the act appropriates $32,915 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.

APPROVED by Governor May 25, 2023

EFFECTIVE January 1, 2024

NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)

The Colorado crime victim services fund and the state domestic violence and sexual assault services fund are scheduled for repeal in 2027. The act continues both funds indefinitely and clarifies that the money in each fund that originated from the federal coronavirus state fiscal recovery fund must comply with the requirements in the federal "American Rescue Plan Act of 2021" and related state law.

The act requires the state treasurer to transfer $3 million from the general fund to the state domestic violence and sexual assault services fund on July 1, 2023.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

The act creates a task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel (task force) in the office for victims programs in the division of criminal justice. The task force consists of members who have experience representing victims and survivors of domestic violence, sexual assault, or other crimes; lived experience as a victim or survivor of domestic violence, sexual assault, or other crimes; or are members of the judicial community. The task force is required to analyze current training provided to judicial personnel around the country on topics of domestic violence, sexual assault, and other crimes, in order to determine best practices and training requirements for judicial personnel in the state.

The act requires the task force to establish a working group to analyze and determine training standards for judicial personnel regarding issues relevant to domestic relations cases and must consider data provided to the working group by the office of the state court administrator. The office of the state court administrator must provide the working group with the described data not later than November 1, 2023.

The task force is required to convene by July 15, 2023, and is required to meet at least 4 times but not more than 10 times no later than January 15, 2024. The task force is required to submit a report with its findings and recommendations to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, and the judicial department by February 1, 2024. The task force is repealed, effective July 1, 2024.

The act appropriates $11,900 from the general fund to the department of public safety for use by the division of criminal justices for administrative services.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

The bill requires a school district to implement additional procedural safeguards for an expulsion hearing (hearing). A school district is required to provide all records that the school district intends to use as supporting evidence in a hearing to the student or the student's parent, guardian, or legal custodian at least 5 business days prior to the hearing. If a school district intends to present written statements or oral testimony from witnesses during the hearing, the student and the student's parent, guardian, or legal custodian must be notified at least 5 business days prior to the hearing of the contents of the written statement or oral testimony provided to the school district. The student and the student's parent, guardian, or legal custodian have the right to cross-examine adverse witnesses who provide a written statement or oral testimony to the school district.

During the hearing, the school district has the burden of presenting clear and convincing evidence to demonstrate that the student violated state law and the school district's policy, and that excluding the student from the learning environment through expulsion or denial of admission is necessary. Following the hearing, the executive officer or designee acting as a hearing officer is required to report findings of fact, findings regarding mitigating factors, and recommendations.

Current law permits a student to be suspended, expelled, or denied admission for behavior on or off school property that is detrimental to the welfare or safety of other students or school personnel. The bill requires a school district or enrolling school district to demonstrate that a student's behavior off school grounds poses an imminent threat to other students or school personnel by establishing a direct and substantial nexus between the student's alleged conduct committed off school grounds and the risk of physical harm to other students or school personnel. Behavior that occurs off school grounds that results in delinquency or criminal charges and is unrelated to a school-sponsored event is not automatic grounds for suspension, expulsion, or denial of admission. For a hearing concerning a student whose alleged conduct occurred off school grounds, the executive officer or designee acting as a hearing officer is required to report findings of fact that establish a direct and substantial nexus between the student's behavior and the risk of physical harm to other students and school personnel.

Current law allows a school district board of education (board) to delegate its power to its executive officer or to a designee who serves as a hearing officer to expel or deny admission to a student. The bill requires the individual who serves as the board's hearing officer to agree to recusal if a conflict of interest occurs that interferes with the individual's duty to act as an impartial hearing officer. An executive officer, a designee, or any individual acting as a hearing officer is also required to participate in an annual training on state and federal school discipline laws.

(Note: This summary applies to this bill as introduced.)

The act requires the department of public safety (department), by June 30, 2025, to develop and maintain a statewide system (system) for victims of alleged sexual assault to monitor the status of their sexual assault evidence collection kit. The system must also provide relevant information for victims regarding the processing, custody, analysis, and destruction of evidence, as well as contact information for law enforcement and victim resources. The department is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the status of sexual assault evidence collection kits reported into the system.

Under current law, the division of criminal justice (division) in the department administers the sexual assault victim emergency payment program (program), which assists victims of sexual assault with medical expenses associated with a sexual assault. The act permits a law enforcement agency to request reimbursement of costs associated with the collection of forensic evidence for a victim through the program, subject to an annual cap. The act also requires the division to develop and maintain a system to track claims, process invoices, sort information, and produce reports concerning the program. The division is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the program.

For the purpose of a mandatory protection order, the act expands the definition of "until final disposition of the action".

For the 2023-24 state fiscal year, $523,686 is appropriated from reappropriated funds received by the department from the Colorado crime victim services fund to the office of information technology to implement the act.

APPROVED by Governor May 25, 2023

EFFECTIVE May 25, 2023
(Note: This summary applies to this bill as enacted.)

To help serve persons with behavioral health needs who are enrolled in medicaid, the act requires managed care entities (MCE) to enter into single case agreements with willing providers of behavioral health services enrolled in the medical assistance program when network development and access standards are not met and a member needs access to a medically necessary behavioral health service. The act sets forth the requirements for single case agreements created by an MCE.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)

The concurrent resolution amends section 23 of article VI of the Colorado constitution as it relates to judicial discipline. The resolution permits the general assembly to provide in law the process for the supreme court to select the judge members of the Colorado commission on judicial disciple (commission). The resolution specifies that the commission may dismiss complaints and repeals the commission's authority to request appointment of special masters.

The resolution repeals the commission's authority to order formal judicial disciplinary proceedings be held before the commission and creates an independent adjudicative board (board) to conduct formal proceedings and hear appeals of the commission's orders imposing informal sanctions. The board is comprised of 4 district court judges, 4 attorneys, and 4 citizens. The resolution prohibits a member of the commission from being appointed to the board and prohibits a member of the board from being appointed to the commission. A randomly selected panel of the board (panel), comprised of one judge, one attorney, and one citizen, conducts formal proceedings in a case. The resolution permits the panel to dismiss a complaint, impose informal sanctions, or impose formal sanctions.

The resolution sets the standards of review to be used by the supreme court when it reviews a panel's decision. The resolution requires a tribunal of 7 randomly selected court of appeals and district judges to review the panel's decision when: The proceedings involve a complaint against a Colorado supreme court justice; a Colorado supreme court justice, a staff member to a justice, or a family member of a justice is a complainant or a material witness in the proceeding; or more than 2 justices have recused themselves from the proceeding. The tribunal reviews the panel's decision in the same manner and using the same standards of review as the supreme court does when it reviews panel decisions.

Under existing law, commission proceedings are confidential until the commission files recommendations with the supreme court. The resolution makes proceedings public at the commencement of formal proceedings but clarifies that appeals of informal remedial sanctions to the board are confidential. The resolution clarifies that a person is absolutely immune from any action for defamation based on papers filed with or testimony before the commission, adjudicative board, supreme court, or a tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information.

The resolution creates a rule-making committee to adopt rules for the judicial discipline process. The rule-making committee consists of 4 members appointed by the supreme court, 4 members appointed by the board, 4 members appointed by the commission, and one victim's advocate appointed by the governor. The rules must include the standards and degree of proof to be applied in judicial discipline proceedings; confidential reporting procedures; and complainant rights. The Colorado rules of evidence and Colorado rules of civil procedure apply to proceedings before a panel until and unless the rule-making committee promulgates rules specifically governing panel proceedings.
(Note: This summary applies to this concurrent resolution as adopted.)

The act creates the school discipline task force (task force) to study and make recommendations regarding school district discipline policies and practices, state and local discipline reporting requirements, and local engagement.

The task force consists of 18 members, including the legislative member who is the chair of the Colorado youth advisory council review committee (review committee); the executive director of the department of early childhood or the executive director's designee; the commissioner of education (commissioner) or the commissioner's designee; representatives of statewide education organizations; and former students who attended Colorado public schools and who have lived experience with the school discipline system. The commissioner is required to call the first meeting of the task force.

The task force is required to:

• Define "disproportionate discipline";
• Review the department of education's (department) standardization of discipline data;
• Review the department's plan for creating school district and charter school institute profile reports;
• Determine whether the department's standardization of discipline data should include reports of alternative disciplinary measures taken prior to a student's suspension or expulsion;
• Recommend processes and provide resources for public engagement in a local school district board of education's discussions of discipline data;
• Review existing public engagement processes;
• Review best practices identified by the department concerning dropout prevention and student re-engagement;
• Identify alternative approaches to discipline, including but not limited to positive behavioral interventions and supports, bullying intervention and prevention, and behavior intervention plans, and address concerns around workforce and other resource shortages in school districts in relation to school discipline practices and reporting; and
• Recommend legislative and administrative changes, as necessary, and analyze the costs and time frames required to implement the changes.

The task force is required to submit a final report on or before August 1, 2024. The task force is required to present its findings and recommendations to the review committee during the first meeting of the review committee in 2024.

Current law encourages school districts to consider certain factors before suspending or expelling a student. The act requires school districts to consider those factors before suspending or expelling a student, which include the age and disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention would properly address the violation.

The act appropriates $164,398 from the general fund to the department to implement the task force. The act also appropriates $1,415 from the general fund to the legislative department for use by the general assembly for legislator per diem and travel reimbursement to participate on the task force.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act requires the office of liaison for missing and murdered Indigenous relatives (office) in the department of public safety (department) to:

• Conduct case reviews of violent or exploitative crimes against an Indigenous person and publish a report about the case reviews annually;
• Communicate with relevant department divisions regarding investigations in cases involving missing or murdered Indigenous relatives;
• Seek a position for a representative of the Indigenous community on the sentencing reform task force of the Colorado commission on criminal and juvenile justice;
• Collaborate with Indigenous-led organizations and the Colorado district attorneys' council (CDAC) to assist CDAC in developing and providing training for victim advocates who work on missing or murdered Indigenous relatives cases; and
• Designate one employee of the office to serve as a point of contact for families in need of support regarding ongoing or completed missing or murdered Indigenous relatives cases.

Office personnel may inspect relevant criminal justice records and medical, coroner, and laboratory records in the custody of state or local agencies that are necessary for the office to perform its duties. The office may seek, accept, and expend gifts, grants, or donations in order to carry out the office's duties and to provide financial support to missing or murdered Indigenous relatives' families.

The act requires the community volunteer advisory board within the office (advisory board) to prepare an annual report that includes a summary of the advisory board's work during the prior year and issues related to the office's work. The advisory board is required to submit its report to the judiciary and state affairs committees of the house of representatives and the senate.

The state's fusion center in the office of prevention and security within the department shall create a dedicated phone line for missing or murdered Indigenous relatives that operates 24 hours a day, 7 days a week, and connects callers with the appropriate contact at the office or the Colorado bureau of investigation.

The act appropriates $191,973 from the general fund to the department of public safety for administrative services and expenses related to the division of homeland security and emergency management and $170,601 from the general fund to the judicial department for information technology infrastructure.

APPROVED by Governor June 2, 2023

EFFECTIVE June 2, 2023
(Note: This summary applies to this bill as enacted.)

The sexual misconduct advisory committee (advisory committee) repeals September 1, 2023. The act implements the department of regulatory agencies' recommendation to continue the advisory committee indefinitely.

APPROVED by Governor April 28, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies' sunset review and report on the sex offender management board (board) by:

• Continuing the board for 5 years, until September 1, 2028;
• Clarifying that supervising officers are required to follow guidelines and standards and directing agencies that employ supervising officers to collaborate with the board to hold accountable those who fail to do so;
• Repealing the limitation on the number of treatment providers (providers) given to offenders when choosing a provider, and requiring that the supervising agency of each adult sex offender and juvenile who has committed a sexual offense (offender) shall provide the offender with a complete list of approved providers who have the expertise to work with the specific risks and needs of that particular offender. If the offender is a person with an intellectual and developmental disability, the supervising agency shall make a recommendation to a provider approved by the board to work with that population.
• Requiring standards compliance reviews on at least 10% of providers every 2 years;
• Updating language concerning fingerprints to reflect current practice; and
• Relieving the department of regulatory agencies of its responsibility to publish a list, together with the board, of approved providers.

In addition to the recommendations made by the department of regulatory agencies in its sunset review and report, the act:

• Updates and clarifies the definitions for "adult sex offender", "juvenile who has committed a sexual offense", and "sex offender";
• Requires each presentence report prepared regarding an offender contain the results of an evaluation for treatment and risk, procedures for monitoring behavior for the protection of victims and potential victims, and an identification developed pursuant to statute;
• Ensures that, to the extent possible, treatment options for an offender are responsive to the age and developmental status of the offender at the time of treatment, as well as the linguistic, cultural, religious, and racial characteristics; sexual orientation; gender identity; and gender expression of the offender being treated;
• Requires the board, in collaboration with the state board of parole, to revise the specific sex offender release guideline instrument, on or before December 1, 2023, for those inmates classified as sex offenders with determinate sentences. The revised release guideline instrument must incorporate the concepts of risk-need-responsivity or another evidence-based correction model and be as flexible as possible to ensure that the offender has timely access to necessary programs.
• Requires the department of corrections (department) to identify all inmates who are classified to undergo treatment, eligible to receive treatment, and have not been provided with the opportunity to receive such treatment while incarcerated. For each such inmate, the department is required to report specified individual data to the board on or before July 31, 2023.
• Further requires the department to report to the board aggregate data on the identified offender population on or before July 31, 2023;
• Creates a subcommittee of the board with representative stakeholders to:
• Study and develop solutions to address treatment resources for offenders who are incarcerated or in the custody of the department;
• Analyze data and identify barriers faced by the department in providing timely access to treatment to offenders;
• Make recommendations for eliminating those barriers;
• Review and consider revisions to the department's policies and regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements;
• Review parole guidelines for offenders with determinate sentences and make revisions to prevent unnecessary backlog in treatment to meet parole eligibility requirements; and
• Determine how to increase the number and availability of approved providers and other resources for offenders.
• Clarifies that placements and treatment options for juvenile offenders must reflect the complex needs of the juveniles served and that the division of youth services is responsible for working with juvenile offenders;
• Allows the department to employ or contract with an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services if the director of the program is a board-approved provider and conforms with the guidelines and standards established by the board; and
• Specifies the qualifications that providers must have and when the department may terminate a contract with a provider.

For the 2023-24 state fiscal year, $163,946 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for sex offender supervision. An additional $43,122 is appropriated from the general fund to the judicial department for general courts administration.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)

The act repeals and reenacts the statutory article related to extreme risk protection orders.

Under current law a family or household member and a law enforcement officer or agency can petition for an extreme risk protection order. The act expands the list of who can petition for an extreme risk protection order to include licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys.

The act requires the office of gun violence prevention to expend funds annually on a public education campaign regarding the availability of, and the process for requesting, an extreme risk protection order.

The act appropriates:

• $140,462 from the general fund to judicial department to implement the act; and
• $238,846 from the general fund to the department of public safety.

APPROVED by Governor April 28, 2023

EFFECTIVE April 28, 2023
(Note: This summary applies to this bill as enacted.)

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the act enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:

• Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
• Repeals the current definition of "harass" that requires creation of a hostile work environment and redefines "harass" or "harassment" as unwelcome conduct directed at an individual or group of individuals in, or perceived to be in, a protected class, which conduct is subjectively offensive to the individual alleging harassment and objectively offensive to members of the same protected class as the individual alleging harassment, and which conduct need not be severe or pervasive to constitute a discriminatory or an unfair employment practice;
• Adds protections from discriminatory or unfair employment practices for individuals based on their marital status;
• For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice and specifies that the exception is limited to situations in which there is no reasonable accommodation that would allow the individual to satisfy the essential functions of the job;
• Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor;
• Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable; and
• Requires an employer to maintain personnel and employment records for at least 5 years and, with regard to complaints of discriminatory or unfair employment practices, to maintain those records in a designated repository.

The act appropriates a total of $1,248,170 from the general fund for the 2023-24 state fiscal year, allocated as follows to the following state departments and offices, to implement the act:

• $152,866 to the department of corrections;
• $23,469 to the department of education;
• $35,415 to the office of the governor;
• $23,363 to the department of health care policy and financing;
• $129,081 to the department of human services;
• $146,894 to the judicial department;
• $46,833 to the department of labor and employment;
• $17,708 to the department of law;
• $76,276 to the department of natural resources;
• $89,090 to the department of personnel;
• $52,912 to the department of public health and environment;
• $52,912 to the department of public safety;
• $266,298 to the department of regulatory agencies; and
• $47,045 to the department of revenue.

Additionally, $88,008 is appropriated from the state highway fund to the department of transportation to implement the act.

APPROVED by Governor June 6, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

The act requires contracts between insurers or other persons and health-care providers regarding the delivery of health-care services to include a provision that prohibits the following actions if the actions are based solely on the health-care provider's provision of, or assistance in the provision of, reproductive health care or gender-affirming health-care services (legally protected health-care activity) in this state, so long as the care provided did not violate Colorado law:

• A medical malpractice insurer from refusing to issue, canceling or terminating, refusing to renew, or imposing any sanctions, fines, penalties, or rate increases for a medical malpractice policy (section 2);
• A health insurer from taking an adverse action against a health-care provider, including refusing to pay for a provided health-care service (section 3);
• A health insurer from refusing to credential a physician as a network provider or terminating a physician's status as a network provider (section 4); or
• A person or entity from terminating a health-care contract with a health-care provider, unless the person or entity is a religious organization and legally protected health-care activities conflict with the religious organization's bona fide religious beliefs and practices (section 25).

Section 5 of the act protects an individual applying for licensure, certification, or registration in a health-care-related profession or occupation in Colorado (applicant), as well as a health-care professional currently licensed, certified, or registered in Colorado (licensee), from having the license, certification, or registration denied or discipline imposed against the licensee based solely on:

• The applicant's or licensee's provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
• A civil or criminal judgment or a professional disciplinary action arising from the provision of, or assistance in the provision of, a legally protected health-care activity in this state or another state or United States territory, so long as the care provided was consistent with generally accepted standards of practice under Colorado law and did not otherwise violate Colorado law;
• The applicant's or licensee's own personal effort to seek or engage in a legally protected health-care activity; or
• A civil or criminal judgment against the applicant or licensee arising from the individual's own personal legally protected health-care activity in this state or another state or United States territory.

Section 6 of the act prohibits a court, judicial officer, court employee, or attorney from issuing a subpoena in connection with a proceeding in another state concerning an individual who accesses a legally protected health-care activity in Colorado or an individual who performs, assists, or aids in the performance of a legally protected health-care activity in Colorado.

Section 7 of the act prohibits the state from applying another state's law to a case or controversy heard in Colorado state court or giving any force or effect to any judgment issued without personal jurisdiction or due process or to any judgment that is penal in nature pursuant to another state's law if the other state's law authorizes a person to bring a civil action against another person or entity for engaging or attempting to engage in a legally protected health-care activity.

If a medical malpractice action is brought in this state against a health-care provider regulated in this state or another state, section 8 of the act prohibits a court or arbitrator from allowing evidence or witness testimony relating to professional discipline or criminal or civil charges in this state or another state concerning the provision of, or assistance in the provision of, a legally protected health-care activity, so long as the care provided did not violate Colorado law.

Section 9 of the act prohibits a peace officer from knowingly arresting or participating in the arrest of any person who engages in a legally protected health-care activity, unless the acts forming the basis for the arrest constitute a criminal offense in Colorado or violate Colorado law.

Section 10 of the act prohibits the issuance of a search warrant to search for and seize any property that relates to an investigation into a legally protected health-care activity.

Section 11 of the act prohibits a judge from issuing a summons in a case when a prosecution is pending, or when a grand jury investigation has started or is about to start, for a criminal violation of another state's law involving the provision or receipt of or assistance with accessing a legally protected health-care activity that is legal in Colorado, unless the acts forming the basis of the prosecution or investigation would also constitute a criminal offense in Colorado.

Section 12 of the act prohibits the issuance of an ex parte order for wiretapping or eavesdropping to obtain any wire, oral, or electronic communication that relates to an investigation into a legally protected health-care activity.

Current law allows for the extradition of a person who committed an act in this state that intentionally results in a crime in the state whose executive authority is making the demand, even though the accused was not in the demanding state at the time of the commission of the crime. Section 13 of the act requires the acts for which extradition is sought to be punishable by the laws of this state if the acts occurred in this state and prohibits the governor from surrendering a person charged in another state as a result of the person engaging in a legally protected health-care activity, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense.

Section 14 of the act requires a correctional facility or private contract prison incarcerating a person who is capable of pregnancy to, regardless of the person's ability to pay, ensure access to abortions by providing a pregnant person with information about abortion providers; referrals to community-based providers of abortions; referrals to community-based organizations that help people pay for abortions; and transportation to access an abortion; and ensure access to miscarriage management, including medication.

Section 15 of the act adds a reproductive health-care services worker to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.

Section 16 of the act prohibits the prosecution or investigation of a licensed health-care provider if the health-care provider prescribes an abortifacient to a patient and the patient ingests the abortifacient in another state so long as the abortifacient is prescribed or administered consistent with accepted standards of practice under Colorado law and does not violate Colorado law.

Section 17 through section 20 of the act adds a protected health-care worker to the list of persons authorized to participate in the address confidentiality program.

Section 21 of the act authorizes the attorney general to independently initiate and bring a civil and criminal action to enforce the "Reproductive Health Equity Act".

Section 22 of the act prohibits a state agency from providing any information or using any government resources in furtherance of any out-of-state investigation or proceeding seeking to impose civil or criminal liability or professional sanction upon a person or entity for engaging in a legally protected health-care activity.

Section 23 of the act prohibits a public entity from:

• Restricting any natural or legal person in performing, or prohibit any natural or legal person from providing, reproductive health care through the imposition of licensing, permitting, certification, or similar legislative or regulatory requirements that apply solely to providers of reproductive health care; or
• Prosecuting or otherwise criminally sanctioning any natural or legal person for providing, assisting in the provision of, arranging for, or otherwise assisting a person in accessing reproductive health care performed within the scope of applicable professional licensure and certification requirements.

Section 24 of the act states the venue to enforce an action to under the provisions of the "Reproductive Health Equity Act" is in the Denver district court.

Section 26 and 27 of the act require every local government that has adopted or adopts a zoning ordinance to recognize the provision of outpatient reproductive health care as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use.

APPROVED by Governor April 14, 2023

EFFECTIVE April 14, 2023
(Note: This summary applies to this bill as enacted.)

The act changes the term "HIV infection prevention drug", as used in the Colorado Revised Statutes, to "HIV prevention drug". The act specifies that, for health benefit plans issued or renewed on or after January 1, 2025, if counseling, prevention, and screening for a sexually transmitted infection (STI) are covered services, the health benefit plan must provide coverage without cost sharing, regardless of the covered person's gender, and the coverage must include HIV prevention drugs and the services necessary for initiation and continued use of an HIV prevention drug consistent with federal guidelines.

The act prohibits, before July 1, 2027, a health insurance carrier from requiring a covered person to undergo step therapy or to receive prior authorization before a health-care provider may prescribe or dispense a medication for the treatment of HIV that is included on the insurance carrier's prescription drug formulary as of March 1, 2023. The act requires the division of insurance to contract for a study, which includes consultation with the HIV community, to consider the predicted costs and health impacts of removing step therapy and prior authorization before a health-care provider may prescribe or dispense HIV treatment drugs and to provide the study to the general assembly by October 1, 2026. The act specifies the requirements and time frames for health insurance carriers for certain prior authorization requests related to HIV prescription drug coverage.

Regarding the state medical assistance program, the act prohibits the department of health care policy and financing (state department), before July 1, 2027, from using prior authorization or step therapy requirements for prescription drugs prescribed for the treatment or prevention of HIV, except for utilization review that is necessary for patient safety or for ensuring the prescribed use is for a medically accepted indication.

For health benefit plans issued or renewed on or after January 1, 2025, if sterilization services are a covered service, a health benefit plan must provide the coverage regardless of the covered person's sex or gender and without deductibles, copayments, coinsurance, annual or lifetime maximum benefits, or other cost sharing; except that this provision does not apply to a high deductible health benefit plan until the deductible has been met, unless allowed pursuant to federal law.

The act requires mandatory preventive health-care services coverage for health benefit plans to include, in addition to the A and B recommendations of the United States preventive services task force, the recommendations of the advisory committee on immunization practices to the centers for disease control and prevention in the federal department of health and human services (HHS) and the women's, infants', children's, and adolescents' preventive services guidelines of the health resources and services administration in the HHS.

The act requires large employer health benefit plans issued or renewed on and after January 1, 2025, to provide coverage for the total cost of abortion care without policy deductibles, copayments, or coinsurance. Individual and small group health benefit plans must provide this coverage if the HHS confirms the state's determination that the coverage is not subject to state defrayal pursuant to federal law. The provisions relating to abortion care do not apply to a high deductible health benefit plan until the deductible has been met, unless allowed pursuant to federal law. Employers are exempted from providing coverage if providing coverage conflicts with the employer's sincerely held religious beliefs or the employer is a public entity prohibited by section 50 of article V of the state constitution from using public funds to pay for induced abortions.

With the minor's consent, a health-care provider acting within the scope of the health-care provider's license, certificate, or registration, may furnish contraceptive procedures, supplies, or information to a minor without notification to or the consent of the minor's parent or parents, legal guardian, or any other person having custody of or decision-making responsibility for the minor.

The act expands the reproductive health-care program administered by the state department to include additional family planning services and family-planning-related services.

The act requires the department of public health and environment (department) to convene a family planning access collaborative, on or before September 1, 2023, to advise the department in identifying access gaps that contribute to Coloradans lacking family planning access. The department shall publish its recommendations on or before December 15, 2023.

To implement the act, for the 2023-24 state fiscal year the act appropriates:

• $200,000 to the department of public health and environment from the general fund for the family planning access collaborative and corresponding report;
• $67,627 and 0.5 FTE to the department of regulatory agencies from the division of insurance cash fund; and
• $23,263 and .1 FTE to the department of law from reappropriated funds received from the department of regulatory agencies for legal services.

APPROVED by Governor April 14, 2023

EFFECTIVE April 14, 2023
(Note: This summary applies to this bill as enacted.)

The act makes it a deceptive trade practice for a person to make or disseminate to the public any advertisement that indicates that the person provides abortions, emergency contraceptives, or referrals for abortions or emergency contraceptives when the person knows or reasonably should have known that the person does not provide those specific services.

A health-care provider engages in unprofessional conduct or is subject to discipline in this state if the health-care provider provides, prescribes, administers, or attempts medication abortion reversal in this state, unless the Colorado medical board, the state board of pharmacy, and the state board of nursing, in consultation with each other, each have in effect rules finding that it is a generally accepted standard of practice to engage in medication abortion reversal. The specified boards shall promulgate applicable rules no later than October 1, 2023, in consultation with each other, concerning whether engaging in medication abortion reversal is a generally accepted standard of practice.

APPROVED by Governor April 14, 2023

EFFECTIVE April 14, 2023
(Note: This summary applies to this bill as enacted.)