Amendments for SB23-020
Senate Journal, March 17
Amend printed bill, page 2, line 3, after "add" insert "(1)(b)(III) and".
Page 2, line 7, strike "FORTY-EIGHT HOURS after the death occurs" and substitute
"after the death occurs SEVENTY-TWO HOURS OF ASSUMING CUSTODY OF A DEAD
BODY, STILLBORN FETUS, OR DEAD FETUS".
Page 2, lines 8 and 9, strike "SECTION 30-10-606." and substitute "SUBSECTION
(5.5) OF THIS SECTION OR ANY PROVISION OF SECTION 30-10-606 OTHER THAN
SECTION 30-10-606 (1)(b) OR WHEN A CORONER, A MEDICAL EXAMINER, A
FORENSIC PATHOLOGIST, OR OTHER QUALIFIED INDIVIDUAL DETERMINES THAT
ADDITIONAL TIME IS NECESSARY TO MAKE A PROPER INQUIRY TO DETERMINE
THE CAUSE AND MANNER OF DEATH. IN SUCH A SITUATION, THE CORONER,
MEDICAL EXAMINER, FORENSIC PATHOLOGIST, OR OTHER QUALIFIED INDIVIDUAL
SHALL COMPLETE AND SIGN THE CERTIFICATE OF DEATH AS SOON AS
PRACTICABLE.".
Page 3, after line 2 insert:
"(1) (b) (III) ANY INDIVIDUAL REQUIRED TO INITIATE, COMPLETE,
RESPOND TO, OR FILE A DEATH CERTIFICATE PURSUANT TO THIS SECTION MUST
USE THE ELECTRONIC DEATH REGISTRATION SYSTEM USED BY THE STATE
REGISTRAR.".
Page 3, lines 6 and 7, strike "FORTY-EIGHT HOURS AFTER THE DEATH OCCURS"
and substitute "SEVENTY-TWO HOURS AFTER RECEIPT OF THE ELECTRONIC
DEATH REGISTRATION REQUEST".
Page 3, line 17, strike "section 30-10-606, C.R.S.," and substitute "section
30-10-606, C.R.S., ANY PROVISION OF SECTION 30-10-606 OTHER THAN SECTION
30-10-606 (1)(b),".
Page 3, line 21, strike "THIRTY-SIX hours after a death occurs." and substitute
"hours after a death occurs SEVENTY-TWO HOURS AFTER RECEIPT OF THE
ELECTRONIC DEATH REGISTRATION REQUEST.".
Page 4, line 1, after "causes." insert "IF THE DEATH IS OR MAY BE DUE TO
UNNATURAL CAUSES, A PHYSICIAN REQUIRED TO COMPLETE, SIGN, AND RETURN
A DEATH CERTIFICATE IN ACCORDANCE WITH THIS SUBSECTION (4) SHALL
NOTIFY THE CORONER OR THE MEDICAL EXAMINER WHEN AN INQUIRY OR AN
AUTOPSY IS REQUIRED TO BE PERFORMED PURSUANT TO SECTIONS 30-10-606
AND 30-10-606.5.".
Page 4, line 4, after the period add "THE PHYSICIAN OR, IN THEIR ABSENCE,
THEIR DESIGNEE IN ACCORDANCE WITH THIS SUBSECTION (4), SHALL COMPLETE
THE MEDICAL CERTIFICATION REQUIRED BY THIS SUBSECTION (4) USING THE
ELECTRONIC DEATH REGISTRATION SYSTEM USED BY THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT AND THE STATE REGISTRAR PURSUANT TO
SECTION 25-2-110 (1)(b)(I).".
Page 4, lines 7 and 8, strike "taking charge of the case," and substitute "taking
charge of the case RECEIPT OF THE ELECTRONIC DEATH REGISTRATION
REQUEST,".
Page 4, line 11, after "section." add "A CORONER, MEDICAL EXAMINER,
FORENSIC PATHOLOGIST, OR OTHER QUALIFIED INDIVIDUAL THAT DETERMINES
THE CAUSE OF DEATH AND COMPLETES THE MEDICAL CERTIFICATION IN
ACCORDANCE WITH THIS SUBSECTION (5) MUST USE THE ELECTRONIC DEATH
REGISTRATION SYSTEM USED BY THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT AND THE STATE REGISTRAR PURSUANT TO SECTION 25-2-110
(1)(b)(I).".
Page 4, strike lines 23 through 27.
Page 5, strike lines 1 through 7.
Renumber succeeding section accordingly.
Senate Journal, March 29
Amend the Health and Human Services Committee Report, dated March 16,
2023, page 1, line 1, strike ""(1)(b)(III) and"" and substitute ""(1)(b)(III), (4.5),
and"".
Amend printed bill, page 2, line 3, after "add" insert "(3)(a.5) and".
Page 1 of the report, line 15, strike "ANY" and substitute "EXCEPT AS
OTHERWISE PROVIDED IN SUBSECTION (4.5) OF THIS SECTION, ANY".
Page 3 of the bill, line 10, after "CERTIFICATION" insert "FOR THE DEATH
CERTIFICATE".
Page 3 of the bill, after line 16 insert:
"(a.5) (I) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3)(a.5)(II)
OF THIS SECTION, IF A DECEDENT HAD AN ESTABLISHED PRIMARY CARE
PHYSICIAN, THE PRIMARY CARE PHYSICIAN IS RESPONSIBLE FOR COMPLETING
THE MEDICAL CERTIFICATION FOR THE DEATH CERTIFICATE IN ACCORDANCE
WITH SUBSECTION (4) OF THIS SECTION IF:
(A) THE DEATH APPEARS TO BE DUE TO NATURAL CAUSES AND
DETERMINED AS SUCH WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY;
(B) THE DECEDENT RECEIVED MEDICAL CARE FROM THE PRIMARY CARE
PHYSICIAN WITHIN A YEAR OF THE DEATH;
(C) THE DEATH OCCURRED WHEN THE DECEDENT WAS NOT UNDER THE
DIRECT CARE OF ANOTHER PHYSICIAN CHARGED WITH THE PATIENT'S CARE
DURING THE ILLNESS OR CONDITION THAT RESULTED IN DEATH; AND
(D) AN INQUIRY IS NOT REQUIRED BY SECTION 30-10-606.
(II) IF, WITHIN A YEAR OF THE DEATH, THE DECEDENT HAD BEEN
TREATED BY A PHYSICIAN OTHER THAN THE DECEDENT'S ESTABLISHED PRIMARY
CARE PHYSICIAN FOR A CHRONIC CONDITION OR TERMINAL ILLNESS RELATED TO
THE DECEDENT'S DEATH AND THE CONDITIONS SET FORTH IN SUBSECTIONS
(3)(a.5)(I)(A) AND (3)(a.5)(I)(D) OF THIS SECTION ARE MET, THAT PHYSICIAN IS
RESPONSIBLE FOR COMPLETING THE MEDICAL CERTIFICATION FOR THE DEATH
CERTIFICATE IN ACCORDANCE WITH SUBSECTION (4) OF THIS SECTION.".
Page 3 of the bill, strike lines 19 and 20 and substitute "that resulted in death
shall complete sign, and return to the funeral director or person acting as such
all THE medical certification FOR THE DEATH CERTIFICATE within".
Page 2 of the report, line 5, strike "REQUEST.". and substitute "REQUEST OR,
BEFORE MARCH 1, 2024, FOR A PHYSICIAN WHO IS NOT YET REGISTERED TO USE
AND USING THE ELECTRONIC DEATH REGISTRATION SYSTEM USED BY THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE STATE
REGISTRAR PURSUANT TO SUBSECTION (1)(b)(I) OF THIS SECTION, SEVENTY-TWO
HOURS AFTER RECEIVING NOTICE THAT A MEDICAL CERTIFICATION FOR A DEATH
CERTIFICATE MUST BE COMPLETED.".
Page 2 of the report, lines 7 and 8, strike "COMPLETE, SIGN, AND RETURN" and
substitute "COMPLETE A MEDICAL CERTIFICATION FOR".
Page 2 of the report, line 12, strike ""THE" and substitute ""EXCEPT AS
OTHERWISE PROVIDED IN SUBSECTION (4.5) OF THIS SECTION, THE".
Page 2 of the report, line 14, after "CERTIFICATION" insert "FOR A DEATH
CERTIFICATE".
Page 2 of the report, after line 17 insert:
"Page 4 of the bill, after line 4 insert:
"(4.5) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL
ENSURE THAT ALL PHYSICIANS ARE REGISTERED TO USE THE ELECTRONIC DEATH
REGISTRATION SYSTEM CREATED AND USED PURSUANT TO SUBSECTION (1)(b)(I)
OF THIS SECTION ON OR BEFORE MARCH 1, 2024. A PHYSICIAN SHALL USE THE
SYSTEM FOR ALL MEDICAL CERTIFICATIONS FOR DEATH CERTIFICATES REQUIRED
BY SUBSECTION (4) OF THIS SECTION IMMEDIATELY UPON BEING REGISTERED
BUT IS NOT REQUIRED TO DO SO BEFORE BEING REGISTERED.".".
Page 2 of the report, line 21, strike ""A" and substitute ""EXCEPT AS OTHERWISE
PROVIDED IN SUBSECTION (4.5) OF THIS SECTION, A".
Page 2 of the report, line 24, after "CERTIFICATION" insert "FOR A DEATH
CERTIFICATE".
Page 4 of the bill, line 20, strike "OF" and substitute "FOR".
Senate Journal, March 31
SB23-020 by Senator(s) Coleman; also Representative(s) Jodeh and Weinberg--Concerning the timely
issuance of a certified death certificate.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, March 17, page(s) 485-486 and placed in members' bill files.)
Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, March 29, page(s) 599-600 and placed in members' bill files.)
Amendment No. 3(L.014), by Senator Coleman.
Amend the Finance Committee Report, dated March 28, 2023, page 1, line 3,
after ""(1)(b)(III)," insert "(1)(b)(IV),".
Amend the Health and Human Services Committee Report, dated March 16,
2023, page 1, line 18, strike "REGISTRAR."." and substitute "REGISTRAR.
(IV) THE STATE REGISTRAR SHALL PROVIDE A REPORT TO THE
DEPARTMENT OF REGULATORY AGENCIES ON A MONTHLY BASIS THAT IDENTIFIES
ANY DEATH CERTIFICATES FOR WHICH A MEDICAL CERTIFICATION WAS NOT
COMPLETED IN A TIMELY MANNER USING THE ELECTRONIC DEATH REGISTRATION
SYSTEM OR, BEFORE MARCH 1, 2024, ONLY, COMPLETED AS OTHERWISE
ALLOWED BY THIS SECTION, AND THE DEPARTMENT SHALL PROMPTLY PROVIDE
THE REPORT TO THE COLORADO MEDICAL BOARD CREATED IN SECTION
12-240-105 (1)(a). BEGINNING IN 2025, THE DEPARTMENT OF REGULATORY
AGENCIES SHALL PREPARE A REPORT TO THE JOINT COMMITTEE OF REFERENCE
DURING ITS ANNUAL HEARING HELD PURSUANT TO SECTION 2-7-203 OF THE
"SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2. THE REPORT MUST INCLUDE
THE NUMBER OF COMPLAINTS THAT THE DEPARTMENT OF REGULATORY
AGENCIES RECEIVED AND THE NUMBER OF DISCIPLINARY ACTIONS TAKEN
AGAINST A LICENSEE IN EACH CALENDER YEAR.".".
Amend printed bill, page 4, line 1, before "If" insert "A PHYSICIAN'S REPEATED
OR WILLFUL FAILURE WITHOUT REASONABLE CAUSE TO COMPLY WITH TIMELY
COMPLETION OF A MEDICAL CERTIFICATION FOR A DEATH CERTIFICATE IN
ACCORDANCE WITH THIS SUBSECTION (4) CONSTITUTES UNPROFESSIONAL
CONDUCT AS DEFINED IN SECTION 12-240-121 (1)(hh)."
Page 5 of the printed bill, after line 7 insert:
"SECTION 3. In Colorado Revised Statutes, 12-240-121, add (1)(hh)
as follows:
12-240-121. Unprofessional conduct - definitions.
(1) "Unprofessional conduct" as used in this article 240 means:
(hh) REPEATED OR WILLFUL FAILURE WITHOUT REASONABLE CAUSE TO
COMPLY WITH THE REQUIREMENTS OF COMPLETING A MEDICAL CERTIFICATION
FOR A DEATH CERTIFICATE IN ACCORDANCE WITH ANY APPLICABLE DEADLINE
SET FORTH IN SECTION 25-2-110.".
Renumber succeeding section accordingly.
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, April 13
44 SB23-020 be amended as follows, and as so amended, be referred to
45 the Committee of the Whole with favorable
46 recommendation:
47
48 Amend reengrossed bill, page 2, line 4, strike "and (5.5)" and substitute
49 "(5.5), and (11)".
50
51 Page 3, line 14, strike "INDIVIDUAL" and substitute "INDIVIDUAL, OTHER
52 THAN A FAMILY MEMBER OF THE DECEDENT OR OTHER INDIVIDUAL ACTING
53 IN A NON-PROFESSIONAL CAPACITY AS THE FUNERAL DIRECTOR FOR THE
54 DECEDENT, WHO IS".
55
1 Page 4, line 25, strike "SUBSECTION" and substitute "SUBSECTIONS (1)(a)
2 AND".
3
4 Page 4, line 26, after "AND" insert "IS".
5
6 Page 5, line 23, after "2024," insert "ONLY,".
7
8 Page 6, line 14, strike "A" and substitute "ON AND AFTER MARCH 1, 2024,
9 A".
10
11 Page 6, line 17, after "WITH" insert "SUBSECTION (1)(a) OF THIS SECTION
12 AND".
13
14 Page 6, line 18, strike "CONDUCT" and substitute "CONDUCT,".
15
16 Page 8, after line 9 insert:
17
18 "(11) A DEADLINE SET FORTH IN THIS SECTION BY WHICH AN
19 INDIVIDUAL IS REQUIRED TO COMPLETE AN ACTION RELATING TO A
20 CERTIFICATE OF DEATH OR A MEDICAL CERTIFICATION FOR A CERTIFICATE
21 OF DEATH IS EXTENDED BY ONE DAY PER DAY OF CLOSURE IF THE BUSINESS
22 OR FACILITY AT WHICH THE INDIVIDUAL IS EMPLOYED IS ACTUALLY
23 CLOSED FOR AN ENTIRE CALENDAR DAY THAT IS A WEEKEND DAY OR A
24 LEGAL HOLIDAY. SUCH A DEADLINE IS NOT EXTENDED IF THE BUSINESS OR
25 FACILITY IS OPEN FOR ANY PORTION OF SUCH A CALENDAR DAY OR IF THE
26 BUSINESS OR FACILITY IS CLOSED FOR AN ENTIRE CALENDAR DAY THAT IS
27 NOT A WEEKEND DAY OR A LEGAL HOLIDAY.".
28
29 Page 8, line 15, strike "REPEATED" and substitute "ON AND AFTER MARCH
30 1, 2024, REPEATED".
31
32 Strike "DEATH CERTIFICATE" and substitute "CERTIFICATE OF DEATH" on:
33 Page 3, line 15; Page 4, lines 14 and 24 and 25; Page 5, lines 14 and 21;
8 34 Page 6, lines 1, 11, 16, and 25; Page 7, line 21;and Page 8, lines 7 and
35 and 17.
36
37 Strike "DEATH CERTIFICATES" and substitute "CERTIFICATES OF DEATH"
38 on: Page 3, line 20; and Page 7, line 7.
39
40 Strike "death certificate" and substitute "death certificate OF DEATH" on:
41 Page 4, line 8; and Page 7, line 17.
42
43