The bill creates the sixth through twelfth grade mental health assessment screening program (program) administered by the department of public health and environment (department).

The bill allows any public school that serves any of grades 6 through 12 and meets certain requirements to participate in the program and requires a public school that wants to participate in the program to notify the department.

The bill 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 participating in the mental health assessment screening.

The bill specifies that a student 12 years of age or older may consent to participate in the mental health assessment screening even if the student's parent opts out.

Mental health assessments screenings must be conducted in participating schools by a qualified provider screener. The bill requires the department to select a qualified provider screener to administer the mental health assessment screening and establishes requirements that the qualified provider screener must meet.

The bill requires a qualified provider screener to notify the student's parent under certain circumstances if the qualified provider screener finds that additional treatment is needed after reviewing the student's mental health assessment screening results.

The bill authorizes the department to promulgate rules as necessary to implement and administer the program.

A student who is home-schooled but who participates in extracurricular activities or athletic programs at a participating school is exempt from the mental health screening.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Legislative Interim Committee on Judicial Discipline. The bill requires the rule-making committee that is established in the constitution to propose rules for the commission on judicial discipline (commission) to provide the commission 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.

For the rules governing judicial discipline adjudicative board (board) proceedings promulgated by the Colorado supreme court, the bill requires the supreme court to provide the board with notice and an opportunity to object and, if the board objects, to engage with the board in good-faith efforts to resolve differences, and post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court.

Current law requires the commission to maintain annual data and statistics related to its work and judicial misconduct allegations. The bill 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 bill repeals the statute establishing the legislative interim committee on judicial discipline because the committee is not authorized to meet after the 2022 legislative interim.

The bill permits a person to submit a request for evaluation of judicial misconduct by mail or online. 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 bill permits a person to submit a confidential or anonymous request for evaluation.

The bill establishes a process for the office to provide complainants with information about the judicial discipline process and about the status of the complainant's request and any subsequent investigation and disciplinary or adjudicative process.

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

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

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.

The bill 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 additional more advanced, scientifically reliable DNA testing that provides a reasonable likelihood of more probative results.

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

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

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 bill requires the district attorney to notify the victim of the hearing at which the victim can appear.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill prohibits a licensed physician; 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 patient recognizes the student or trainee as part of the patient's care team; and
• The student or trainee is under the direct supervision of the supervising licensee.

The bill outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the bill, or retaliating against a person who complains about a violation of the bill, 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 is required to either:

• Develop a policy prohibiting intimate examinations of sedated or unconscious patients at the health-care facility if the examination is for educational or training purposes; or
• Develop, make available to licensees, and require licensees to use a specific informed consent document to obtain a patient's informed consent to an intimate examination for educational of training purposes.

A licensed health-care facility is required to report to the applicable regulator any licensee who violates the facility's policy against intimate examinations of sedated or unconscious patients for educational or training purposes or who fails to obtain a patient's specific informed consent to such examination. A licensed health-care facility that fails to comply with the requirements of the bill is subject to sanctions imposed by the department of public health and environment.

Additionally, liability limitations otherwise applicable to health-care professionals and institutions under current law do not apply to a licensee that performs, or a licensed health-care facility that permits a licensee to perform, an intimate examination on a sedated or unconscious patient in violation of the requirements of the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill requires the general assembly to annually appropriate, at a minimum, the following amounts for crime victim services, in addition to other statutorily required appropriations:

• $3 million to the victims and witnesses assistance and law enforcement fund for allocation to judicial districts;
• $4.5 million to the state victims assistance and law enforcement fund; and
• $7.5 million to the state domestic violence and sexual assault services fund for domestic violence, sexual assault, or culturally specific programs.

The general assembly is permitted to appropriate less than $3 million to the victims and witnesses assistance and law enforcement fund for allocation to judicial districts and instead appropriate that money to the Colorado crime victim services fund or the state victims assistance and law enforcement fund.

Under existing law, the Colorado crime victim services fund and the state domestic violence and sexual assault services fund are scheduled for repeal in 2027. The bill continues both funds indefinitely.

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

The bill 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 task force is required to convene by July 1, 2023, and is required to meet at least 4 times but not more than 10 times. 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 November 1, 2023. The task force must convene its final meeting no later than October 15, 2023.

The task force is repealed, effective July 1, 2024.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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 bill requires the department of public safety (department), by December 31, 2024, to develop and maintain a statewide system for victims of alleged sexual assault to monitor the status of evidence obtained from their forensic medical evidence examinations. 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.

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 bill repeals the requirement that the department cap an amount payable per victim based on reasonable costs and available funds and instead requires the department to cap amounts payable to medical facilities seeking reimbursement for services.

The bill prohibits a medical facility that administers a medical forensic examination to a victim of an alleged sexual assault from billing the victim or the victim's public or private coverage for medical fees or costs associated with the examination unless the victim consents to the billing. A medical facility that administers a forensic medical examination may seek reimbursement from the program.

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

The bill creates a behavioral health treatment voucher pilot program (program) to allow persons experiencing a behavioral health crisis who cannot find treatment with a behavioral health administration safety net provider to receive a voucher to use for payment with a private treatment provider (provider). The provider submits the voucher to the appropriate regional behavioral health administrative service organization for reimbursement. The bill allows one year for development of the program, then the program will operate through July 1, 2027. At the conclusion of the program, the behavioral health administration (BHA), in connection with the department of health care policy and financing and the department of human services, shall prepare a one-time report for the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate. The bill grants the BHA authority to promulgate rules related to the creation of the program.

The bill requires the behavioral health administration to create a family input form and require all behavioral health entities, recovery support services organizations, controlled substance licensed facilities, medicaid providers, hospitals, and emergency rooms to accept the family input form. The family input form allows a family member or friend of an individual to provide information or background on an individual needing mental health or behavioral health services.

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

Legislative Interim Committee on Judicial Discipline. The concurrent resolution amends section 23 of article VI of the Colorado constitution as it relates to judicial discipline. Under existing law, the commission on judicial discipline (commission) investigates complaints of judicial misconduct; conducts formal judicial disciplinary proceedings; and may dismiss complaints, impose informal sanctions, or recommend that the Colorado supreme court impose formal sanctions. The commission may also request that the supreme court appoint special masters to hear and take evidence on a matter and report to the commission.

The resolution clarifies the commission's authority to dismiss complaints. The resolution repeals the authority of the commission to conduct formal judicial disciplinary proceedings and request appointment of special masters, 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, 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 judges to review the panel's decision in the same manner and using the same standards of review 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 and clarifies that appeals to the board of informal remedial sanctions 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 tribunal. The resolution clarifies the circumstances in which the commission may release otherwise confidential information.

The resolution creates a rule-making committee to propose rules for the commission. The supreme court approves or rejects each rule proposed by the rule-making committee. The Colorado rules of evidence and Colorado rules of civil procedure, as amended, apply to proceedings before a panel of the adjudicative board until and unless the supreme court promulgates rules specifically governing panel proceedings.

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

Colorado Youth Advisory Council Committee. The bill requires each school district board of education, institute charter school board for a charter school authorized by the state charter school institute, or governing board of a board of cooperative services (BOCES) to adopt a policy to address disproportionate disciplinary practices in public schools. Each school district, charter school, institute charter school, or BOCES (local education provider) shall develop, implement, and annually review improvement plans if the data reported to the department of education pursuant to the safe school reporting requirements shows disproportionate discipline practices at the local education provider. In implementing an improvement plan to address disproportionate discipline practices, each local education provider shall provide to the parents of the students enrolled in the school written notice of the improvement plan and issues identified by the local education provider as giving rise to the need for the plan. The written notice must include the timeline for developing and adopting the improvement plan and the dates, times, and locations of the public meeting to solicit input from parents concerning disproportionate discipline and the contents of the plan before the plan is written and a public hearing to review the plan prior to final adoption.

Current law encourages school districts to consider certain factors before suspending or expelling a student. The bill requires school districts to consider those factors before suspending or expelling a student.

The bill requires school districts to document in a student's record and compile in the safe school report any alternative disciplinary attempts before suspending or expelling a student.

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

The bill 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;
• Review sentencing ranges for crimes relating to missing or murdered Indigenous relatives;
• Develop, publicize, and offer 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.

The bill grants office personnel access to 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 bill permits the office to 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 bill 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, issues related to missing or murdered Indigenous relatives, and a recommendation of whether the office should remain in the department. The advisory board is required to submit its report to the judiciary and state affairs committees of the house of representatives and the senate.

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

Sunset Process - Senate Education Committee. The sexual misconduct advisory committee (advisory committee) repeals September 1, 2023. The bill implements the department of regulatory agencies' recommendation to continue the advisory committee indefinitely.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sunset Process - Senate Judiciary Committee. The bill 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 7 years;
• 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 given to offenders when choosing a provider;
• 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 treatment providers.
  (Note: This summary applies to this bill as introduced.)

The bill 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 bill 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 bill 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.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill 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;
• Adds a new definition of "harass" or "harassment" and repeals the current definition of "harass" that requires creation of a hostile work environment;
• Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status";
• Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice;
• 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;
• Specifies that it is a discriminatory or an unfair employment practice for an employer to fail to initiate an investigation of a complaint or to fail to take prompt, reasonable, and remedial action;
• Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor; and
• 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.
  (Note: This summary applies to this bill as introduced.)

The bill 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, terminating or refusing to renew a contract with the health-care provider, or imposing other penalties on the health-care provider ( 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 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 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 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 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 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 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 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 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 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 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 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 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 adds a protected health-care worker to the list of persons authorized to participate in the address confidentiality program.Section 21 authorizes the attorney general to independently initiate and bring a civil and criminal action to enforce the "Reproductive Health Equity Act".Section 22 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 prohibits a public entity from:

• Denying, restricting, or interfering with, through any efforts, including licensing or zoning restrictions, any person's or business entity's ability to provide reproductive health care; or
• Interfering with, discriminating against, or penalizing, through any civil or criminal laws, any person or business entity for assisting, aiding, or treating an individual for reproductive health care; or
• Prohibiting or restricting, through any civil or criminal laws, including the establishment or expansion of a private right of action, any person or business entity from assisting, aiding, or treating an individual for reproductive health care. 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 authorizes states the venue to enforce an action to enforce under the provisions of the "Reproductive Health Equity Act" to be commenced by a person or business entity with standing is in the Denver district court.Section 26 and 27 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.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sections 1, 2, 3, and 5 of the bill change the defined term "HIV infection prevention drug", as it appears and is used in several areas of law, to "HIV prevention drug".Section 2 also:

• Adds the advisory committee on immunization practices to the centers for disease control and prevention in the federal department of health and human services (HHS) recommendations and the women's and infants', children's, and adolescents' and preventive services guidelines of the health resources and services administration in the United States department of health and human services HHS to the mandatory preventive health-care services coverage for health benefit plans;
• Specifies that, the mandatory preventive health-care services benefit for counseling for, prevention of, and screening for the sexually transmitted infection includes 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 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, as described in the bill, based on the most recent guidelines and clinical guidance consistent with federal guidelines ;
• Requires large employer plans, 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 plans must provide this coverage if the federal department of health and human services confirms the state's determination that the coverage is not subject to state defrayal pursuant to federal law. To the extent required by binding federal jurisprudence, 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 .
• Specifies that 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.

Section 3 also 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 bill also 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 HIV treatment drugs and to provide the study to the general assembly by October 1, 2026.Section 4 prohibits a carrier from imposing on coverage for:

• The treatment of a sexually transmitted infection; or
• Sterilization services, which coverage must be provided regardless of the covered person's gender; requires that, if the treatment of STIs and sterilization services are covered services, a health benefit plan must provide coverage 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.

With the minor's consent, section 6 allows a health-care provider acting within the scope of the health-care provider's license, certificate, or registration to furnish contraceptive procedures, supplies, or information to the 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.Sections 7 and 8 expand the reproductive health-care program administered by the department of health care policy and financing ( state department) to include additional family planning services and family-planning-related services. and allow individuals under 19 years of age to apply for and enroll themselves in the program.Section 9 requires the department to reimburse licensed health-care providers for family planning services and family-planning-related services provided to a minor and creates a cash fund from which the general assembly may appropriate money to the department for this purpose. Section 10 exempts the cash fund from the limit on uncommitted cash fund reserves.Section 11 requires nonemergency medical transportation services under the state medical assistance program to include expenses for transportation to medical services that are prohibited from coverage pursuant to section 50 of article V of the Colorado constitution.Section 12 9 of the bill prohibits the use before July 1, 2027, the state department, under the state medical assistance program, of utilization management, including from using prior authorization and or step therapy requirements for prescription drugs prescribed for the treatment or prevention of HIV, except for utilization review that is necessary for safety or for ensuring the prescribed use is for a medically accepted indication .Section 10 of the bill replaces outdated language in the legislative declaration for family planning services under the department of public health and environment (department). Section 11 of the bill requires the 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. The bill appropriates $200,000 to the department for the family planning access collaborative and report.Section 12 of the bill specifies the prior authorization requirements and time frames for health insurance carriers for prior authorization of HIV prescription drugs not on the insurance carrier's formulary as of March 1, 2023, to require approval or denial within one day after receipt of a request. Section 13 of the bill makes appropriations.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill makes it a deceptive trade practice for a person to make or disseminate to the public any advertisement that indicates directly or indirectly, 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.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)