State Bill Colorado

Amendments for HB21-1251

House Journal, April 28
1 HB21-1251 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, strike everything below the enacting clause and
6 substitute:
7
8 "SECTION 1. In Colorado Revised Statutes, 26-20-102, add
9 (3.7) and (5.1) as follows:
10 26-20-102. Definitions. As used in this article 20, unless the
11 context otherwise requires:
12 (3.7) "JUSTIFIABLE MEDICAL EMERGENCY" MEANS AN UNDERLYING
13 MEDICAL, TRAUMATIC, OR PSYCHIATRIC CONDITION POSING AN IMMEDIATE
14 SAFETY RISK TO THE INDIVIDUAL, EMERGENCY MEDICAL SERVICE
15 PROVIDERS, OR THE PUBLIC. EXCITED DELIRIUM, ANY SUBSEQUENT TERM
16 FOR EXCITED DELIRIUM, OR ANY ACUTE PSYCHIATRIC DIAGNOSIS NOT
17 RECOGNIZED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
18 STATISTICAL MANUAL OF MENTAL DISORDERS IS NOT A JUSTIFIABLE
19 MEDICAL EMERGENCY.
20 (5.1) "PREHOSPITAL SETTING" HAS THE SAME MEANING AS SET
21 FORTH IN SECTION 25-3.5-206 (5)(b).
22 SECTION 2. In Colorado Revised Statutes, add 26-20-104.7 as
23 follows:
24 26-20-104.7. Use of ketamine on individuals in prehospital
25 setting when peace officer present. (1) (a) WHEN A PEACE OFFICER IS
26 PRESENT AT THE SCENE OF AN EMERGENCY, AN EMERGENCY MEDICAL
27 SERVICE PROVIDER AUTHORIZED TO ADMINISTER KETAMINE IN A
28 PREHOSPITAL SETTING SHALL ONLY ADMINISTER KETAMINE IF THE
29 PROVIDER HAS:
30 (I) WEIGHED THE INDIVIDUAL TO ENSURE ACCURATE DOSAGE. IF
31 THE EMERGENCY MEDICAL SERVICE PROVIDER IS UNABLE TO WEIGH THE
32 INDIVIDUAL, THE EMERGENCY MEDICAL SERVICE PROVIDER SHALL, PRIOR
33 TO THE ADMINISTRATION OF KETAMINE:
34 (A) ESTIMATE THE INDIVIDUAL'S WEIGHT, AND AT LEAST TWO
35 PERSONNEL WHO ARE TRAINED IN WEIGHT ASSESSMENTS MUST AGREE
36 WITH THE WEIGHT ASSESSMENT; AND
37 (B) ATTEMPT TO OBTAIN VERBAL AUTHORIZATION FROM THE
38 EMERGENCY MEDICAL SERVICE PROVIDER'S MEDICAL DIRECTOR OR THEIR
39 DESIGNEE, UNLESS THERE IS A VERIFIABLE REASON THE EMERGENCY
40 MEDICAL SERVICE PROVIDER CANNOT MAKE AN OUTGOING CALL.
41 (II) TRAINING IN THE ADMINISTRATION OF KETAMINE, INCLUDING
42 TRAINING TO ENSURE APPROPRIATE DOSAGE BASED ON THE WEIGHT OF THE
43 INDIVIDUAL;
44 (III) TRAINING IN ADVANCED AIRWAY SUPPORT TECHNIQUES;
45 (IV) EQUIPMENT AVAILABLE TO MANAGE RESPIRATORY
46 DEPRESSION; AND
47 (V) EQUIPMENT AVAILABLE TO IMMEDIATELY MONITOR THE VITAL
48 SIGNS OF THE INDIVIDUAL RECEIVING KETAMINE AND THE ABILITY TO
49 RESPOND TO ANY ADVERSE REACTIONS.
50 (b) THE MEDICAL DIRECTOR OF AN AGENCY THAT HAS A WAIVER
51 TO ADMINISTER KETAMINE SHALL DEVELOP ANY NECESSARY TRAINING FOR
52 EMERGENCY MEDICAL SERVICE PROVIDERS PURSUANT TO THIS SUBSECTION
53 (1).
54 (2) AN EMERGENCY MEDICAL SERVICE PROVIDER WHO
55 ADMINISTERS KETAMINE SHALL:
1 (a) PROVIDE URGENT TRANSPORT TO THE INDIVIDUAL RECEIVING
2 KETAMINE; AND
3 (b) RECORD ANY COMPLICATIONS ARISING OUT OF SUCH
4 ADMINISTRATION, INCLUDING BUT NOT LIMITED TO APNEA,
5 LARYNGOSPASM, HYPOXIA, HYPERTENSION, HYPOTENSION, SEIZURE, AND
6 CARDIAC ARREST.
7 (3) ABSENT A JUSTIFIABLE MEDICAL EMERGENCY, AN EMERGENCY
8 MEDICAL SERVICE PROVIDER SHALL NOT ADMINISTER KETAMINE IN A
9 PREHOSPITAL SETTING TO SUBDUE, SEDATE, OR CHEMICALLY
10 INCAPACITATE AN INDIVIDUAL FOR ALLEGED OR SUSPECTED CRIMINAL,
11 DELINQUENT, OR SUSPICIOUS CONDUCT.
12 (4) IF AN EMERGENCY MEDICAL SERVICE PROVIDER DOES NOT
13 COMPLY WITH THE PROVISIONS OF THIS SECTION, SUCH NONCOMPLIANCE
14 IS CONSIDERED MISCONDUCT, AS DEFINED IN SECTION 25-3.5-205 (5)(b).
15 SECTION 3. In Colorado Revised Statutes, 18-1-707, add (1.5)
16 as follows:
17 18-1-707. Use of force by peace officers - definitions - repeal.
18 (1.5) PURSUANT TO SECTION 18-8-805 (1) AND (2)(a)(I), PEACE OFFICERS
19 SHALL NOT USE, REQUEST, CAUSE, DIRECT, OR INFLUENCE THE USE OF
20 KETAMINE UPON ANOTHER PERSON NOR COMPEL, REQUEST, CAUSE,
21 DIRECT, OR INFLUENCE AN EMERGENCY MEDICAL SERVICE PROVIDER TO
22 ADMINISTER KETAMINE. IF A PEACE OFFICER VIOLATES THIS PROHIBITION,
23 THE DISTRICT ATTORNEY MAY CHARGE THE OFFICER WITH ANY CRIME
24 BASED ON THE FACTS OF THE CASE.
25 SECTION 4. In Colorado Revised Statutes, amend 18-8-801 as
26 follows:
27 18-8-801. Definitions. As used in this part 8, unless the context
28 otherwise requires:
29 (1) "EMERGENCY MEDICAL SERVICE PROVIDER" HAS THE SAME
30 MEANING AS SET FORTH IN SECTION 25-3.5-103 (8).
31 (1) (2) "Materially false statement" has the meaning set out in
32 section 18-8-501 (1).
33 (2) (3) "Peace officer" has the meaning set out in section
34 16-2.5-101, C.R.S.
35 SECTION 5. In Colorado Revised Statutes, add 18-8-805 as
36 follows:
37 18-8-805. Prohibition on using or directing administration of
38 ketamine - duty to report - duty to intervene. (1) A PEACE OFFICER
39 SHALL NOT USE, REQUEST, CAUSE, DIRECT, OR INFLUENCE THE USE OF
40 KETAMINE UPON ANOTHER PERSON.
41 (2) (a) (I) A PEACE OFFICER SHALL NOT COMPEL, REQUEST, CAUSE,
42 DIRECT, OR INFLUENCE AN EMERGENCY MEDICAL SERVICE PROVIDER TO
43 ADMINISTER KETAMINE.
44 (II) AN EMERGENCY MEDICAL SERVICE PROVIDER SHALL
45 CONFIDENTIALLY REPORT ANY VIOLATION OF THIS SUBSECTION (2)(a) TO
46 THE P.O.S.T. BOARD CREATED IN SECTION 24-31-302 WITHIN TEN DAYS OF
47 THE OCCURRENCE. AT A MINIMUM, THE REPORT MUST INCLUDE THE DATE,
48 TIME, AND PLACE OF THE OCCURRENCE; THE IDENTITY, IF KNOWN, AND A
49 DESCRIPTION OF THE PARTICIPANTS; AND A DESCRIPTION OF THE EVENTS.
50 (III) A PEACE OFFICER SHALL NOT RETALIATE IN ANY WAY
51 AGAINST AN EMERGENCY MEDICAL SERVICE PROVIDER FOR REPORTING THE
52 INCIDENT PURSUANT TO THIS SUBSECTION (2).
53
1 (b) A PEACE OFFICER SHALL NOT INFLUENCE AN EMERGENCY
2 MEDICAL SERVICE PROVIDER'S MEDICAL DECISION OR DIAGNOSIS, AND AN
3 EMERGENCY MEDICAL SERVICE PROVIDER SHALL NOT BASE ITS MEDICAL
4 DECISION OR DIAGNOSIS EXCLUSIVELY ON INFORMATION PROVIDED BY A
5 PEACE OFFICER; EXCEPT THAT A PEACE OFFICER MAY PROVIDE CRITICAL
6 MEDICAL INFORMATION OR ANY OTHER PERTINENT INFORMATION ABOUT
7 THE INDIVIDUAL OR THE SCENE OF THE EMERGENCY THAT MAY ASSIST THE
8 EMERGENCY MEDICAL SERVICE PROVIDER'S ASSESSMENT OF THE NEED TO
9 ADMINISTER KETAMINE.
10 (3) A PERSON WHO IS DIRECTED BY A PEACE OFFICER TO ASSIST THE
11 PEACE OFFICER TO EFFECT AN ARREST, DETENTION, RESTRAINT,
12 TRANSPORT, OR PUNISHMENT; TO PREVENT AN ESCAPE FROM CUSTODY; OR
13 TO FACILITATE EASE AND CONVENIENCE IN LAW ENFORCEMENT
14 ENCOUNTERS SHALL NOT USE KETAMINE TO CARRY OUT THE PEACE
15 OFFICER'S DIRECTION OR INFLUENCE.
16 (4) (a) A PEACE OFFICER WHO, IN PURSUANCE OF THE PEACE
17 OFFICER'S LAW ENFORCEMENT DUTIES, WITNESSES ANOTHER PEACE
18 OFFICER, IN PURSUANCE OF THE OTHER PEACE OFFICER'S LAW
19 ENFORCEMENT DUTIES, USE OR DIRECT THE USE OF KETAMINE ON ANOTHER
20 PERSON SHALL REPORT SUCH USE TO THE P.O.S.T. BOARD CREATED IN
21 SECTION 24-31-302.
22 (b) AT A MINIMUM, THE REPORT REQUIRED BY THIS SUBSECTION (4)
23 MUST INCLUDE THE DATE, TIME, AND PLACE OF THE OCCURRENCE; THE
24 IDENTITY, IF KNOWN, AND A DESCRIPTION OF THE PARTICIPANTS; AND A
25 DESCRIPTION OF THE EVENTS. A COPY OF AN ARREST REPORT OR OTHER
26 SIMILAR REPORT REQUIRED AS A PART OF A PEACE OFFICER'S DUTIES CAN
27 BE SUBSTITUTED FOR THE REPORT REQUIRED BY THIS SUBSECTION (4) IF IT
28 INCLUDES SUCH INFORMATION. THE REPORT MUST BE IN WRITING AND
29 MADE WITHIN TEN DAYS OF THE OCCURRENCE OF THE USE OF KETAMINE.
30 (c) ANY PEACE OFFICER WHO FAILS TO REPORT THE USE OR
31 DIRECTED USE OF KETAMINE IN THE MANNER DESCRIBED IN THIS
32 SUBSECTION (4) COMMITS A CLASS 1 MISDEMEANOR.
33 (5) (a) A PEACE OFFICER SHALL INTERVENE, WITHOUT REGARD FOR
34 CHAIN OF COMMAND, TO PREVENT OR STOP ANOTHER PEACE OFFICER FROM
35 USING OR DIRECTING THE USE OF KETAMINE IN PURSUANCE OF THE OTHER
36 PEACE OFFICER'S LAW ENFORCEMENT DUTIES TO EFFECT AN ARREST,
37 DETENTION, RESTRAINT, TRANSPORT, OR PUNISHMENT; TO PREVENT AN
38 ESCAPE FROM CUSTODY; OR TO FACILITATE EASE AND CONVENIENCE IN
39 LAW ENFORCEMENT ENCOUNTERS.
40 (b) (I) A PEACE OFFICER WHO INTERVENES AS REQUIRED BY
41 SUBSECTION (5)(a) OF THIS SECTION SHALL REPORT THE INTERVENTION TO
42 THE INTERVENING PEACE OFFICER'S IMMEDIATE SUPERVISOR.
43 (II) AT A MINIMUM, THE REPORT REQUIRED BY THIS SUBSECTION
44 (5)(b) MUST INCLUDE THE DATE, TIME, AND PLACE OF THE OCCURRENCE;
45 THE IDENTITY, IF KNOWN, AND A DESCRIPTION OF THE PARTICIPANTS; AND
46 A DESCRIPTION OF THE INTERVENTION ACTIONS TAKEN. THE REPORT MUST
47 BE IN WRITING AND MADE WITHIN TEN DAYS OF THE OCCURRENCE OF THE
48 INTERVENTION AND MUST BE INCLUDED WITH ALL OTHER REPORTS OF THE
49 INCIDENT.
50 (c) A MEMBER OF A LAW ENFORCEMENT AGENCY SHALL NOT
51 DISCIPLINE OR RETALIATE IN ANY WAY AGAINST A PEACE OFFICER FOR
52 INTERVENING AS REQUIRED BY SUBSECTION (5)(a) OF THIS SECTION, FOR
53 REPORTING ANY OTHER VIOLATION OF THIS SECTION, OR FOR FAILING TO
54 FOLLOW WHAT THE PEACE OFFICER REASONABLY BELIEVES IS AN
55 UNCONSTITUTIONAL DIRECTIVE.
1 (d) ANY PEACE OFFICER WHO FAILS TO INTERVENE TO PREVENT
2 THE USE OR DIRECT THE USE OF KETAMINE AS DESCRIBED IN THIS
3 SUBSECTION (5) COMMITS A CLASS 1 MISDEMEANOR.
4 (e) WHEN AN ADMINISTRATIVE LAW JUDGE OR INTERNAL
5 INVESTIGATION FINDS THAT A PEACE OFFICER FAILED TO INTERVENE TO
6 PREVENT THE USE OR DIRECT THE USE OF KETAMINE, THE FINDING MUST BE
7 PRESENTED TO THE DISTRICT ATTORNEY SO THAT THE DISTRICT ATTORNEY
8 CAN DETERMINE WHETHER CHARGES SHOULD BE FILED PURSUANT TO
9 SUBSECTION (5)(d) OF THIS SECTION. HOWEVER, NOTHING IN THIS
10 SUBSECTION (5)(e) PROHIBITS OR IS INTENDED TO DISCOURAGE THE
11 DISTRICT ATTORNEY FROM CHARGING AN OFFICER WITH FAILURE TO
12 INTERVENE BEFORE THE CONCLUSION OF ANY INTERNAL INVESTIGATION.
13 (f) IN A CASE IN WHICH THE PROSECUTION CHARGES A PEACE
14 OFFICER WITH OFFENSES RELATED TO AND BASED UPON THE USE OR
15 DIRECTED USE OF KETAMINE BUT DOES NOT FILE CHARGES AGAINST ANY
16 OTHER PEACE OFFICER OR OFFICERS WHO WERE AT THE SCENE DURING THE
17 USE OF KETAMINE, THE DISTRICT ATTORNEY SHALL PREPARE A WRITTEN
18 REPORT EXPLAINING THE DISTRICT ATTORNEY'S BASIS FOR THE DECISION
19 NOT TO CHARGE ANY OTHER PEACE OFFICER WITH ANY CRIMINAL CONDUCT
20 AND SHALL PUBLICLY DISCLOSE THE REPORT; EXCEPT THAT IF DISCLOSURE
21 OF THE REPORT WOULD SUBSTANTIALLY INTERFERE WITH OR JEOPARDIZE
22 AN ONGOING CRIMINAL INVESTIGATION, THE DISTRICT ATTORNEY MAY
23 DELAY PUBLIC DISCLOSURE FOR UP TO FORTY-FIVE DAYS. THE DISTRICT
24 ATTORNEY SHALL POST THE WRITTEN REPORT ON ITS WEBSITE OR, IF IT
25 DOES NOT HAVE A WEBSITE, MAKE IT PUBLICLY AVAILABLE.
26 (g) NOTHING IN THIS SUBSECTION (5) PROHIBITS OR DISCOURAGES
27 PROSECUTION OF ANY OTHER CRIMINAL OFFENSE RELATED TO UNLAWFUL
28 USE OR DIRECTED USE OF KETAMINE, FAILURE TO INTERVENE, OR FAILURE
29 TO REPORT, INCLUDING A HIGHER CHARGE, IF SUPPORTED BY THE
30 EVIDENCE.
31 (6) ANY PEACE OFFICER WHO KNOWINGLY MAKES A MATERIALLY
32 FALSE STATEMENT THAT THE OFFICER DOES NOT BELIEVE TO BE TRUE IN
33 ANY REPORT MADE PURSUANT TO SUBSECTION (4) OF THIS SECTION
34 COMMITS FALSE REPORTING TO AUTHORITIES PURSUANT TO SECTION
35 18-8-111 (1)(a)(III).
36 SECTION 6. In Colorado Revised Statutes, amend 24-31-904 as
37 follows:
38 24-31-904. Peace officer certification discipline.
39 (1) (a) Notwithstanding any provision of law, THE P.O.S.T. BOARD SHALL
40 PERMANENTLY REVOKE A PEACE OFFICER'S CERTIFICATION if: any
41 (I) THE P.O.S.T.-CERTIFIED peace officer is convicted of or pleads
42 guilty or nolo contendere to a crime involving the unlawful use or
43 threatened use of physical force OR a crime involving the failure to
44 intervene in the use of unlawful force or is AND THE INCIDENT RESULTED
45 IN SERIOUS BODILY INJURY OR DEATH TO ANOTHER PERSON;
46 (II) THE P.O.S.T.-CERTIFIED PEACE OFFICER IS found civilly liable
47 for the use of unlawful physical force, or is found civilly liable for failure
48 to intervene in the use of unlawful force the P.O.S.T. board shall
49 permanently revoke the peace officer's certification AND THE INCIDENT
50 RESULTED IN SERIOUS BODILY INJURY OR DEATH TO ANOTHER PERSON; OR
51 (III) AN ADMINISTRATIVE LAW JUDGE, HEARING OFFICER, OR
52 INTERNAL INVESTIGATION FINDS THAT A PEACE OFFICER FAILED TO
53 INTERVENE PURSUANT TO SECTION 18-8-805 (5) AND THE INCIDENT
54 RESULTED IN DEATH TO ANOTHER PERSON.
55
1 (b) The P.O.S.T. board shall not, under any circumstances,
2 reinstate the peace officer's certification or grant new certification to the
3 peace officer unless the peace officer is exonerated by a AN
4 ADMINISTRATIVE LAW JUDGE, HEARING OFFICER, OR court. The P.O.S.T.
5 board shall record each decertified peace officer WHOSE CERTIFICATION
6 IS REVOKED PURSUANT TO THIS SECTION in the database created pursuant
7 to section 24-31-303 (1)(r).
8 (2) (a) NOTWITHSTANDING ANY PROVISION OF LAW, THE P.O.S.T.
9 BOARD SHALL REVOKE A PEACE OFFICER'S CERTIFICATION FOR AT LEAST
10 ONE YEAR IF AN ADMINISTRATIVE LAW JUDGE, HEARING OFFICER, OR
11 INTERNAL INVESTIGATION FINDS THAT A PEACE OFFICER FAILED TO
12 INTERVENE PURSUANT TO SECTION 18-8-805 (5) AND THE INCIDENT DID
13 NOT RESULT IN DEATH TO ANOTHER PERSON.
14 (b) THE P.O.S.T. BOARD SHALL REINSTATE THE PEACE OFFICER'S
15 CERTIFICATION IF THE PEACE OFFICER IS EXONERATED BY AN
16 ADMINISTRATIVE LAW JUDGE, HEARING OFFICER, OR COURT.
17 SECTION 7. In Colorado Revised Statutes, 25-3.5-206, amend
18 (2)(a) introductory portion, (2)(a)(II), and (3)(a); and add (2)(a)(IV) and
19 (2)(a)(V) as follows:
20 25-3.5-206. Emergency medical practice advisory council -
21 creation - powers and duties - emergency medical service provider
22 scope of practice - definitions - rules. (2) (a) The advisory council
23 consists of the following eleven THIRTEEN members:
24 (II) One voting member who, as of July 1, 2010, is a member of
25 the state emergency medical and trauma services advisory council,
26 appointed by the executive director of the department; and
27 (IV) ONE VOTING MEMBER WHO IS A CLINICAL PSYCHIATRIST
28 LICENSED IN GOOD STANDING IN COLORADO, APPOINTED BY THE
29 COLORADO PSYCHIATRIC SOCIETY; AND
30 (V) ONE VOTING MEMBER WHO IS AN ANESTHESIOLOGIST LICENSED
31 IN GOOD STANDING IN COLORADO, APPOINTED BY THE COLORADO
32 SOCIETY OF ANESTHESIOLOGISTS.
33 (3) The advisory council shall provide general technical expertise
34 on matters related to the provision of patient care by emergency medical
35 service providers and shall advise or make recommendations to the
36 department in the following areas:
37 (a) The acts and medications that emergency medical service
38 providers at each level of certification or licensure are authorized to
39 perform or administer under the direction of a physician medical director.
40 THE ADVISORY COUNCIL SHALL SUBMIT A REPORT TO THE HOUSE OF
41 REPRESENTATIVES HEALTH AND INSURANCE COMMITTEE AND THE SENATE
42 HEALTH AND HUMAN SERVICES COMMITTEE, OR ANY SUCCESSOR
43 COMMITTEES, ANY TIME THE ADVISORY COUNCIL ADVISES OR
44 RECOMMENDS AUTHORIZING THE ADMINISTRATION OF ANY NEW CHEMICAL
45 RESTRAINT, AS DEFINED IN SECTION 26-20-102 (2). THE REPORT MUST
46 INCLUDE THE ADVISORY COUNCIL'S REASONING FOR SUCH ADVISEMENT OR
47 RECOMMENDATION.
48 SECTION 8. In Colorado Revised Statutes, add 25-3.5-209 as
49 follows:
50 25-3.5-209. Report on statewide use of ketamine. BEGINNING
51 JANUARY 1, 2022, AND EACH JANUARY 1 THEREAFTER, THE DEPARTMENT
52 SHALL SUBMIT A REPORT ON THE STATEWIDE USE OF KETAMINE BY
53 EMERGENCY MEDICAL SERVICE PROVIDERS AND ANY COMPLICATIONS THAT
54 ARISE OUT OF SUCH USE TO THE HOUSE OF REPRESENTATIVES JUDICIARY
55 COMMITTEE, THE HOUSE OF REPRESENTATIVES PUBLIC AND BEHAVIORAL
1 HEALTH AND HUMAN SERVICES COMMITTEE, THE SENATE HEALTH AND
2 HUMAN SERVICES COMMITTEE, AND THE SENATE JUDICIARY COMMITTEE,
3 OR THEIR SUCCESSOR COMMITTEES. THE DEPARTMENT SHALL MAKE THE
4 REPORT PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
5 SECTION 9. Safety clause. The general assembly hereby finds,
6 determines, and declares that this act is necessary for the immediate
7 preservation of the public peace, health, or safety.".
8
9 Page 1, line 101, strike "A CHEMICAL RESTRAINT" and substitute
10 "KETAMINE".
11
12 Page 1, line 102, strike "NONHOSPITAL" and substitute "PREHOSPITAL".
13
14

House Journal, May 3
11 Amendment recommended by Judiciary Report, dated April 28, 2021, and
12 placed in member's bill file; Report also printed in House Journal,
13 April 29, 2021.
14
15 Laid Over until May 5, 2021.
16

House Journal, May 7
1 Amendment recommended by Judiciary Report, dated April 28, 2021, and
2 placed in member's bill file; Report also printed in House Journal,
3 April 29, 2021.
4
5 Laid Over until May 10, 2021.
6

House Journal, May 10
50 Amendment recommended by Judiciary Report, dated April 28, 2021, and
51 placed in member's bill file; Report also printed in House Journal, April
52 29, 2021.
53
54 Laid Over until May 11, 2021.
55

House Journal, May 13
31 Amendment No. 1, Judiciary Report, dated April 28, 2021, and placed in
32 member's bill file; Report also printed in House Journal, April 29, 2021.
33
34 Amendment No. 2, by Representative Caraveo.
35
36 Amend the Judiciary Committee Report, dated April 28, 2021, page 3,
37 line 5, strike "REQUEST, CAUSE, DIRECT, OR" and substitute "DIRECT, OR
38 UNDULY".
39
40 Page 3, lines 6 and 7, strike "REQUEST, CAUSE, DIRECT, OR" and substitute
41 "DIRECT, OR UNDULY".
42
43 Page 3, line 25, strike "REQUEST, CAUSE, DIRECT, OR" and substitute
44 "DIRECT, OR UNDULY".
45
46 Page 3, lines 27 and 28, strike "REQUEST, CAUSE, DIRECT, OR" and
47 substitute "DIRECT, OR UNDULY".
48
49 Page 3, line 39, before "INFLUENCE" insert "UNDULY".
50
51 Page 4, line 12, before "INFLUENCE" insert "UNDUE".
52
53 Amendment No. 3, by Representative Herod.
54
55
1 Amend Judiciary Committee Report, dated April 28, 2021, page 3, line
2 4, after "(1.5)" insert "(a)".
3
4 Page 3, after line 10 insert:
5
6 "(b) AS USED IN THIS SUBSECTION (1.5), UNLESS THE CONTEXT
7 OTHERWISE REQUIRES, "UNDULY INFLUENCE" MEANS THE IMPROPER USE
8 OF POWER OR TRUST IN A WAY THAT DEPRIVES A PERSON OF FREE WILL
9 AND SUBSTITUTES ANOTHER'S OBJECTIVE.".
10
11 Page 3, line 24, strike "intervene." and substitute "intervene -
12 definition.".
13
14 Page 6, after line 5 insert:
15
16 "(7) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
17 REQUIRES, "UNDULY INFLUENCE" OR "UNDUE INFLUENCE" MEANS THE
18 IMPROPER USE OF POWER OR TRUST IN A WAY THAT DEPRIVES A PERSON OF
19 FREE WILL AND SUBSTITUTES ANOTHER'S OBJECTIVE.".
20
21 Amendment No. 4, by Representative Herod.
22
23 Amend the Judiciary Committee Report, dated April 28, 2021, page 6,
24 line 20, strike "OR".
25
26 Page 6, line 24, strike "PERSON." and substitute "PERSON; OR
27 (IV) AN ADMINISTRATIVE LAW JUDGE, HEARING OFFICER, OR
28 INTERNAL INVESTIGATION FINDS THAT A PEACE OFFICER VIOLATED
29 SECTION 18-8-805 (1) OR (2)(a)(I) AND THE INCIDENT RESULTED IN DEATH
30 TO ANOTHER PERSON.".
31
32 Page 6, line 36, strike "(5)" and substitute "(5), OR VIOLATED SECTION
33 18-8-805 (1) OR (2)(a)(I),".
34
35 Amendment No. 5, by Representative Herod.
36
37 Amend the Judiciary Committee Report, dated April 28, 2021, page 4,
38 line 2, strike "OFFICER; EXCEPT THAT" and substitute "OFFICER.
39 (c) NOTWITHSTANDING SUBSECTION (2)(b) OF THIS SECTION,".
40
41 Amendment No. 6, by Representative Herod.
42
43 Amend the Judiciary Committee Report, dated April 28, 2021, page 3,
44 after line 38 insert:
45
46 "(IV) UPON RECEIPT OF THE REPORT SUBMITTED PURSUANT TO
47 SUBSECTION (2)(a)(II) OF THIS SECTION, THE P.O.S.T. BOARD SHALL
48 SUBMIT THE REPORT TO THE PEACE OFFICER'S EMPLOYING AGENCY. THE
49 EMPLOYING AGENCY SHALL CONDUCT AN INTERNAL INVESTIGATION OF
50 THE ALLEGED VIOLATION AND TRANSMIT THE FINDINGS OF THE INTERNAL
51 INVESTIGATION TO THE P.O.S.T. BOARD. IF THE FINDINGS SHOW THE PEACE
52 OFFICER VIOLATED SECTION 18-8-805 (1), (2)(a)(I), OR (5), THE P.O.S.T.
53 BOARD MAY REVOKE THE PEACE OFFICER'S CERTIFICATION IN
54 ACCORDANCE WITH SECTION 24-31-904 (1)(a)(III), (1)(a)(IV), OR (2)(a).".
55
1 Page 4, after line 29 insert:
2
3 "(d) UPON RECEIPT OF THE REPORT SUBMITTED PURSUANT TO THIS
4 SUBSECTION (4), THE P.O.S.T. BOARD SHALL SUBMIT THE REPORT TO THE
5 PEACE OFFICER'S EMPLOYING AGENCY. THE EMPLOYING AGENCY SHALL
6 CONDUCT AN INTERNAL INVESTIGATION OF THE ALLEGED VIOLATION AND
7 TRANSMIT THE FINDINGS OF THE INTERNAL INVESTIGATION TO THE
8 P.O.S.T. BOARD. IF THE FINDINGS SHOW THE PEACE OFFICER VIOLATED
9 SECTION 18-8-805 (1), (2)(a)(I), OR (5), THE P.O.S.T. BOARD MAY REVOKE
10 THE PEACE OFFICER'S CERTIFICATION IN ACCORDANCE WITH SECTION
11 24-31-904 (1)(a)(III), (1)(a)(IV), (1)(a) or (2)(a).".
12
13 Amendment No. 7, by Representative Carver.
14
15 Amend the Judiciary Committee Report, dated April 28, 2021, page 3,
16 line 4, after "(1.5)" insert "(a)".
17
18 Page 3, after line 10 insert:
19
20 "(b) NOTWITHSTANDING SUBSECTION (1.5)(a) OF THIS SECTION, A
21 PEACE OFFICER WHO IS ALSO CERTIFIED AS AN EMERGENCY MEDICAL
22 SERVICE PROVIDER MAY ADMINISTER KETAMINE PURSUANT TO THE
23 RESTRICTIONS SET FORTH IN SECTION 26-20-104.7 AND WHEN THE
24 DECISION TO ADMINISTER KETAMINE IS BASED ON THE EMERGENCY
25 MEDICAL SERVICE PROVIDER'S TRAINING AND EXPERTISE.".
26
27 Page 4, after line 6 insert:
28
29 "(c) NOTWITHSTANDING SECTION 18-1-707 (1.5)(a), A PEACE
30 OFFICER WHO IS ALSO CERTIFIED AS AN EMERGENCY MEDICAL SERVICE
31 PROVIDER MAY ADMINISTER KETAMINE PURSUANT TO THE RESTRICTIONS
32 SET FORTH IN SECTION 26-20-104.7 AND WHEN THE DECISION TO
33 ADMINISTER KETAMINE IS BASED ON THE EMERGENCY MEDICAL SERVICE
34 PROVIDER'S TRAINING AND EXPERTISE.".
35
36 Amendment No 8, by Representative Carver.
37
38 Amend the Judiciary Committee Report, dated April 28, 2021, page 1,
39 strike lines 3 through 20 and substitute:
40
41 ""SECTION 1. In Colorado Revised Statutes, 25-3.5-103, add
42 (8.6) and (10.3) as follows:
43 25-3.5-103. Definitions. As used in this article 3.5, unless the
44 context otherwise requires:
45 (8.6) "JUSTIFIABLE MEDICAL EMERGENCY" MEANS AN UNDERLYING
46 MEDICAL, TRAUMATIC, OR PSYCHIATRIC CONDITION POSING AN IMMEDIATE
47 SAFETY RISK TO THE INDIVIDUAL, EMERGENCY MEDICAL SERVICE
48 PROVIDER, OR THE PUBLIC. EXCITED DELIRIUM, ANY SUBSEQUENT TERM
49 FOR EXCITED DELIRIUM, OR ANY ACUTE PSYCHIATRIC DIAGNOSIS NOT
50 RECOGNIZED IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
51 STATISTICAL MANUAL OF MENTAL DISORDERS IS NOT A JUSTIFIABLE
52 MEDICAL EMERGENCY.
53
1 (10.3) "PREHOSPITAL SETTING" MEANS ONE OF THE FOLLOWING
2 SETTINGS IN WHICH AN EMERGENCY MEDICAL SERVICE PROVIDER
3 PERFORMS PATIENT CARE, WHICH CARE IS SUBJECT TO MEDICAL DIRECTION
4 BY A MEDICAL DIRECTOR:
5 (a) AT THE SITE OF AN EMERGENCY;
6 (b) DURING EMERGENCY TRANSPORT; OR
7 (c) DURING INTERFACILITY TRANSPORT.
8 SECTION 2. In Colorado Revised Statutes, add 25-3.5-209 as
9 follows:
10 25-3.5-209. Use of ketamine in prehospital setting when peace
11 officer is present - definition. (1) (a) WHEN A PEACE OFFICER IS".
12
13 Page 7, line 31, strike "25-3.5-209" and substitute "25-3.5-210".
14
15 Page 7, line 33, strike "25-3.5-209." and substitute "25-3.5-210.".
16
17 Page 8, after line 1 insert:
18
206 19 "SECTION 9. In Colorado Revised Statutes, repeal 25-3.5-
20 (5)(b).".
21
22 Renumber succeeding section accordingly.
23
24 As amended, ordered engrossed and placed on the Calendar for Third
25 Reading and Final Passage.

House Journal, May 13
35 Amend the Judiciary Committee Report, dated April 28, 2021, page 4,
36 line 29, strike "COMMITS A CLASS 1 MISDEMEANOR." and substitute
37 "SHALL BE SUBJECT TO AN INTERNAL INVESTIGATION BY THE PEACE
38 OFFICER'S EMPLOYING AGENCY TO DETERMINE WHETHER THE PEACE
39 OFFICER VIOLATED THIS SUBSECTION (4). THE PEACE OFFICER'S EMPLOYING
40 AGENCY SHALL REPORT ANY SUBSEQUENT FINDINGS OF THE INTERNAL
41 INVESTIGATION TO THE P.O.S.T. BOARD.".
42
43 Page 5, line 14, strike "COMMITS A CLASS 1 MISDEMEANOR." and
44 substitute "SHALL BE SUBJECT TO AN INTERNAL INVESTIGATION BY THE
45 PEACE OFFICER'S EMPLOYING AGENCY TO DETERMINE WHETHER THE PEACE
46 OFFICER VIOLATED THIS SUBSECTION (5). THE PEACE OFFICER'S EMPLOYING
47 AGENCY SHALL REPORT ANY SUBSEQUENT FINDINGS OF THE INTERNAL
48 INVESTIGATION TO THE P.O.S.T. BOARD.".
49
50 The amendment was declared lost by the following roll call vote:
51
52 YES 23 NO 37 EXCUSED 5 ABSENT
53 Amabile N Exum E Lynch Y Sirota N
54 Bacon N Froelich N McCluskie N Snyder N
55 Baisley Y Geitner Y McCormick N Soper Y
1 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
2 Bernett N Gray N McLachlan N Tipper N
3 Bird N Hanks Y Michaelson Jenet N Titone N
4 Bockenfeld Y Herod N Mullica N Valdez A. N
5 Boesenecker N Holtorf Y Neville Y Valdez D. Y
6 Bradfield Y Hooton N Ortiz N Van Beber Y
7 Caraveo N Jackson N Pelton Y Van Winkle Y
8 Carver Y Jodeh E Pico Y Weissman N
9 Catlin Y Kennedy N Ransom Y Will Y
10 Cutter N Kipp N Rich E Williams E
11 Daugherty N Larson Y Ricks N Woodrow N
12 Duran E Lontine N Roberts N Woog Y
13 Esgar N Luck Y Sandridge Y Young N
14 Speaker N

House Journal, May 13
21 Amend the Judiciary Committee Report, dated April 28, 2021, page 4,
22 strike lines 13 through 18 and substitute:
23
24 "(4) (a) A PEACE OFFICER, ACTING IN THE PEACE OFFICER'S
25 OFFICIAL CAPACITY AS A PEACE OFFICER, WHO WITNESSES ANOTHER PEACE
26 OFFICER, IN FURTHERANCE OF THE OTHER PEACE OFFICER'S OFFICIAL
27 DUTIES, USE, DIRECT, OR COMPEL AN EMERGENCY MEDICAL SERVICE
28 PROVIDER TO ADMINISTER KETAMINE AGAINST THE EMERGENCY MEDICAL
29 SERVICE PROVIDER'S INDEPENDENT JUDGMENT SHALL REPORT SUCH
30 CONDUCT IN WRITING TO THE PEACE OFFICER'S EMPLOYING AGENCY. THE
31 PEACE OFFICER'S EMPLOYING AGENCY SHALL CONDUCT AN INTERNAL
32 INVESTIGATION OF THE ALLEGED VIOLATION AND REPORT ANY
33 SUBSEQUENT FINDINGS TO THE P.O.S.T. BOARD.".
34
35 The amendment was declared lost by the following roll call vote:
36
37 YES 24 NO 36 EXCUSED 5 ABSENT
38 Amabile N Exum E Lynch Y Sirota N
39 Bacon N Froelich N McCluskie N Snyder N
40 Baisley Y Geitner Y McCormick N Soper Y
41 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
42 Bernett N Gray N McLachlan N Tipper N
43 Bird N Hanks Y Michaelson Jenet N Titone N
44 Bockenfeld Y Herod N Mullica N Valdez A. N
45 Boesenecker N Holtorf Y Neville Y Valdez D. Y
46 Bradfield Y Hooton N Ortiz N Van Beber Y
47 Caraveo N Jackson N Pelton Y Van Winkle Y
48 Carver Y Jodeh E Pico Y Weissman N
49 Catlin Y Kennedy N Ransom Y Will Y
50 Cutter N Kipp N Rich E Williams E
51 Daugherty N Larson Y Ricks N Woodrow N
52 Duran E Lontine N Roberts Y Woog Y
53 Esgar N Luck Y Sandridge Y Young N
54 Speaker N

House Journal, May 13
5 Amend the Judiciary Committee Report, dated April 28, 2021, page 3,
6 after line 26 insert:
7
8 "(1.5) A PEACE OFFICER ACTING IN THEIR OFFICIAL CAPACITY AS
9 A PEACE OFFICER DOES NOT HAVE THE AUTHORITY TO ADMINISTER
10 KETAMINE, NOR DOES A PEACE OFFICER HAVE THE AUTHORITY TO COMPEL
11 AN EMERGENCY MEDICAL SERVICE PROVIDER TO ADMINISTER KETAMINE
12 AGAINST THEIR OWN INDEPENDENT MEDICAL JUDGMENT.".
13
14 The amendment was declared lost by the following roll call vote:
15
16 YES 23 NO 37 EXCUSED 5 ABSENT
17 Amabile N Exum E Lynch Y Sirota N
18 Bacon N Froelich N McCluskie N Snyder N
19 Baisley Y Geitner Y McCormick N Soper Y
20 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
21 Bernett N Gray N McLachlan N Tipper N
22 Bird N Hanks Y Michaelson Jenet N Titone N
23 Bockenfeld Y Herod N Mullica N Valdez A. N
24 Boesenecker N Holtorf Y Neville Y Valdez D. Y
25 Bradfield Y Hooton N Ortiz N Van Beber Y
26 Caraveo N Jackson N Pelton Y Van Winkle Y
27 Carver Y Jodeh E Pico Y Weissman N
28 Catlin Y Kennedy N Ransom Y Will Y
29 Cutter N Kipp N Rich E Williams E
30 Daugherty N Larson Y Ricks N Woodrow N
31 Duran E Lontine N Roberts N Woog Y
32 Esgar N Luck Y Sandridge Y Young N
33 Speaker N

Senate Journal, May 24
After consideration on the merits, the Committee recommends that HB21-1251 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 4, line 9, strike "VERBAL AUTHORIZATION" and
substitute "A VERBAL ORDER".

Page 4, line 12, strike "MAKE AN OUTGOING CALL." and substitute "OBTAIN A
VERBAL ORDER.".

Page 13, strike line 18 and substitute "GOVERNOR; AND".

Page 13, line 20, strike "COLORADO" and substitute "GOVERNOR.".

Page 13, strike line 21.

Health &
Human
Services

Senate Journal, May 28
After consideration on the merits, the Committee recommends that HB21-1251 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 14, after line 23, insert:

"SECTION 10. Appropriation. For the 2021-22 state fiscal year,
$132,488 is appropriated to the department of public health and environment
for use by the health facilities and emergency medical services division. This
appropriation is from the general fund and is based on an assumption that the
division will require an additional 1.2 FTE. To implement this act, the division
may use this appropriation for state EMS coordination, planning and
certification program.".

Renumber succeeding sections accordingly.

Page 1, line 102, strike "SETTING." and substitute "SETTING, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Appro-
priations

Senate Journal, May 28
HB21-1251 by Representative(s) Caraveo and Herod, Benavidez, Jackson, Jodeh, Mullica, Woodrow;
also Senator(s) Fields and Gonzales--Concerning the appropriate use of ketamine upon a
person in a prehospital setting, and, in connection therewith, making an appropriation.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, May 24, page(s) 1084-1085 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 28, page(s) 1198 and placed in members' bill files.)

Amendment No. 3(L.039), by Senator Gonzales.

Amend reengrossed bill, page 9, line 14, strike "OR DIRECTING THE USE OF".

Page 10, line 9, strike "THE USE OR DIRECT".

Page 10, line 13, strike "THE USE OR DIRECT".

Amendment No. 4(L.040), by Senator Gonzales.

Amend the Judiciary Committee Report, dated May 24, 2021, page 1, strike
lines 5 through 7 and substitute:

"Page 13, line 17, strike "APPOINTED BY THE" and substitute "RECOMMENDED
BY A STATEWIDE ASSOCIATION OF PSYCHIATRISTS, AND APPOINTED BY THE
GOVERNOR; AND".

Page 13, strike line 18.

Page 13, line 20, strike "APPOINTED BY THE COLORADO" and substitute
"RECOMMENDED BY A STATEWIDE ASSOCIATION OF ANESTHESIOLOGISTS, AND
APPOINTED BY THE GOVERNOR.".

Page 13, strike line 21.".".

As amended, ordered revised and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)

Senate Journal, May 28
HB21-1251 by Representative(s) Caraveo and Herod, Benavidez, Jackson, Jodeh, Mullica, Woodrow;
also Senator(s) Fields and Gonzales--Concerning the appropriate use of ketamine upon a
person in a prehospital setting, and, in connection therewith, making an appropriation.

Senator Gonzales moved to amend the report of the Committee of the Whole to show that
the following amendment to HB21-1251 did pass.

Amend reengrossed bill, page 10, line 9, strike "DIRECT THE" and substitute
"DIRECTED".

Page 10, line 13, strike "DIRECT THE" and substitute "DIRECTED".

Page 12, line 24, strike "REVOKE" and substitute "SUSPEND".

Strike "26-20-104.7" and substitute "25-3.5-209" on: Page 6, line 5; and Page
8, line 4.

Senate Journal, June 4
HB21-1251 by Representative(s) Caraveo and Herod, Benavidez, Jackson, Jodeh, Mullica, Woodrow;
also Senator(s) Fields and Gonzales--Concerning the appropriate use of ketamine upon a
person in a prehospital setting, and, in connection therewith, making an appropriation.

FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON HB21-1251

*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************

To the President of the Senate and the
Speaker of the House of Representatives:

Your first conference committee appointed on HB21-1251, concerning
the appropriate use of ketamine upon a person in a prehospital setting, and, in
connection therewith, making an appropriation, has met and reports that it has
agreed upon the following:

That the House accede to the Senate amendments made to the bill, as the
amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 9, line 14, after "USING" insert "OR DIRECTING THE
USE OF".

Page 10, line 9, after "THE" insert "USE OF OR THE DIRECTED".

Page 10, line 13, after the first "THE" insert "USE OF OR THE DIRECTED".