Amendments for HB20-1219

House Journal, February 27
17 HB20-1219 be amended as follows, and as so amended, be referred to
18 the Committee on Finance with favorable
19 recommendation:
20
21 Amend printed bill, strike everything below the enacting clause and
22 substitute:
23
115 24 "SECTION 1. In Colorado Revised Statutes, amend 12-210-
25 as follows:
26 12-210-115. Repeal of article - review of functions. This article
27 210 is repealed, effective September 1, 2020 2031. Before the repeal, the
28 licensing and supervisory functions of the director are scheduled for
29 review in accordance with section 24-34-104.
30 SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal
31 (19)(a)(V); and add (32) as follows:
32 24-34-104. General assembly review of regulatory agencies
33 and functions for repeal, continuation, or reestablishment - legislative
34 declaration - repeal. (19) (a) The following agencies, functions, or both,
35 are scheduled for repeal on September 1, 2020:
36 (V) The licensing of audiologists by the division of professions
37 and occupations in accordance with article 210 of title 12;
38 (32) (a) THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, ARE
39 SCHEDULED FOR REPEAL ON SEPTEMBER 1, 2031:
40 (I) THE LICENSING OF AUDIOLOGISTS BY THE DIVISION OF
41 PROFESSIONS AND OCCUPATIONS IN ACCORDANCE WITH ARTICLE 210 OF
42 TITLE 12.
43 (b) THIS SUBSECTION (32) IS REPEALED, EFFECTIVE SEPTEMBER 1,
44 2033.
45 SECTION 3. In Colorado Revised Statutes, 6-1-701, amend
46 (2)(a)(III), (2)(c), and (2)(e)(III)(B) as follows:
47 6-1-701. Dispensing hearing aids - deceptive trade practices -
48 definitions. (2) In addition to any other deceptive trade practices under
49 section 6-1-105, a dispenser engages in a deceptive trade practice when
50 the dispenser:
51 (a) Fails to deliver to each person to whom the dispenser
52 dispenses a hearing aid a receipt that:
53 (III) Bears, in no smaller type than the largest used in the body of
54 the receipt, a provision indicating that dispensers who are licensed
55 certified, or registered by the department of regulatory agencies are
1 regulated by the division of professions and occupations in the
2 department of regulatory agencies; AND
3 (c) (I) Fails to receive from a licensed physician, before
4 dispensing, fitting, or selling a hearing aid to any person, a written
5 prescription or recommendation, issued within the previous six months,
6 that specifies that the person is a candidate for a hearing aid; except that
7 any person eighteen years of age or older who objects to medical
8 evaluation on the basis of religious or personal beliefs may waive the
9 requirement by delivering to the dispenser a written waiver;
10 (II) Dispenses, adjusts, provides training or teaching in regard to,
11 or otherwise services surgically implanted hearing devices unless the
12 dispenser is an audiologist or physician;
13 (e) Fails to provide a minimum thirty-day rescission period with
14 the following terms:
15 (III) (B) The written contract or receipt provided to the buyer must
16 also contain a statement, in print size no smaller than ten-point type, that
17 the sale is void and unenforceable if the hearing aid being purchased is
18 not delivered to the consumer within thirty days after the date the written
19 contract is signed or the receipt is issued, whichever occurs later. The
20 written contract or receipt must also include the dispenser's license
21 certification, or registration number, if the dispenser is required to be
22 licensed certified or registered by the state, and a statement that the
23 dispenser will promptly refund all moneys MONEY paid for the purchase
24 of a hearing aid if it is not delivered to the consumer within the thirty-day
25 period. The buyer cannot waive this requirement, and any attempt to
26 waive it is void.
27 SECTION 4. In Colorado Revised Statutes, 12-210-108, amend
28 (2)(q), (2)(t), and (2)(u); and add (2)(v) as follows:
29 12-210-108. Disciplinary actions - grounds for discipline.
30 (2) The following acts constitute grounds for discipline:
31 (q) Having an alcohol use disorder, as defined in section
32 27-81-102, or a substance use disorder, as defined in section 27-82-102,
33 or Excessively or habitually using or abusing alcohol or habit-forming
34 drugs or habitually using a controlled substance, as defined in section
35 18-18-102 (5), or other drugs or substances having similar effects; except
36 that the director has the discretion not to discipline the licensee if he or
37 she THE LICENSEE is participating in good faith in an alcohol or substance
38 use disorder treatment program approved by the director;
39 (t) Failing to respond in an honest, materially responsive, and
40 timely manner to a complaint lodged against the licensee; and
41 (u) In any court of competent jurisdiction, being convicted of,
42 pleading guilty or nolo contendere to, or receiving a deferred sentence for
43 a felony or a crime involving fraud, deception, false pretense, theft,
44 misrepresentation, false advertising, or dishonest dealing; AND
45 (v) FAILING TO NOTIFY THE DIRECTOR, IN WRITING AND WITHIN
46 THIRTY DAYS AFTER A JUDGMENT OR SETTLEMENT IS ENTERED, OF A FINAL
47 JUDGMENT BY A COURT OF COMPETENT JURISDICTION AGAINST THE
48 LICENSEE INVOLVING MALPRACTICE OF AUDIOLOGY OR A SETTLEMENT BY
49 THE LICENSEE IN RESPONSE TO CHARGES OR ALLEGATIONS OF
50 MALPRACTICE OF AUDIOLOGY AND, IN THE CASE OF A JUDGMENT, FAILING
51 TO INCLUDE IN THE NOTICE THE NAME OF THE COURT, THE CASE NUMBER,
52 AND THE NAMES OF ALL PARTIES TO THE ACTION.
53 SECTION 5. In Colorado Revised Statutes, add 12-210-107.5 as
54 follows:
55 12-210-107.5. Continuing education. (1) AN AUDIOLOGIST
1 LICENSED PURSUANT TO THIS ARTICLE 210 SHALL COMPLETE AT LEAST TEN
2 HOURS OF CONTINUING EDUCATION EACH RENEWAL PERIOD.
3 (2) APPLICANTS FOR LICENSE RENEWAL, REACTIVATION, OR
4 REINSTATEMENT SHALL ATTEST DURING THE APPLICATION PROCESS AS TO
5 WHETHER THEY ARE IN COMPLIANCE WITH THIS SECTION.
6 (3) THE DIRECTOR MAY AUDIT COMPLIANCE WITH THIS SECTION.
7 AUDIOLOGISTS SHALL SUBMIT DOCUMENTATION OF THEIR COMPLIANCE
8 WITH THIS SECTION UPON REQUEST BY THE DIRECTOR.
9 SECTION 6. In Colorado Revised Statutes, add 10-1-125.7 as
10 follows:
11 10-1-125.7. Reporting of malpractice claims against
12 audiologists. (1) EACH INSURANCE COMPANY LICENSED TO DO BUSINESS
13 IN THIS STATE AND ENGAGED IN THE WRITING OF MALPRACTICE INSURANCE
14 FOR AUDIOLOGISTS SHALL SEND TO THE DIRECTOR OF THE DIVISION OF
15 PROFESSIONS AND OCCUPATIONS IN THE DEPARTMENT OF REGULATORY
16 AGENCIES, IN THE FORM PRESCRIBED BY THE COMMISSIONER,
17 INFORMATION RELATING TO EACH MALPRACTICE CLAIM AGAINST A
18 LICENSED AUDIOLOGIST THAT IS SETTLED OR IN WHICH JUDGMENT IS
19 RENDERED AGAINST THE INSURED.
20 (2) THE INFORMATION MUST INCLUDE INFORMATION DEEMED
21 NECESSARY BY THE DIRECTOR OF THE DIVISION OF PROFESSIONS AND
22 OCCUPATIONS IN THE DEPARTMENT OF REGULATORY AGENCIES TO
23 CONDUCT A FURTHER INVESTIGATION AND HEARING.
24 SECTION 7. In Colorado Revised Statutes, 12-20-408, amend
25 (2)(e); and repeal (2)(f) as follows:
26 12-20-408. Judicial review. (2) A district court of competent
27 jurisdiction has initial jurisdiction to review all final actions and orders
28 of a regulator that are subject to judicial review and shall conduct the
29 judicial review proceedings in accordance with section 24-4-106 (3) for
30 the following:
31 (e) Article 200 of this title 12 concerning acupuncturists; AND
32 (f) Article 210 of this title 12 concerning audiologists; and
33 SECTION 8. In Colorado Revised Statutes, add part 2 to article
34 210 of title 12 as follows:
2 35 PART
36 DECEPTIVE TRADE PRACTICES
37 12-210-201. Definitions. AS USED IN THIS PART 2, UNLESS THE
38 CONTEXT OTHERWISE REQUIRES:
39 (1) "DISPENSER" MEANS A PERSON LICENSED IN THE PRACTICE OF
40 AUDIOLOGY PURSUANT TO PART 1 OF THIS ARTICLE 210 WHO DISPENSES
41 HEARING AIDS.
42 12-210-202. Dispensing hearing aids - deceptive trade
43 practices. (1) IN ADDITION TO ANY OTHER DECEPTIVE TRADE PRACTICES
44 UNDER SECTION 6-1-105, A DISPENSER ENGAGES IN A DECEPTIVE TRADE
45 PRACTICE WHEN THE DISPENSER:
46 (a) FAILS TO DELIVER TO EACH PERSON TO WHOM THE DISPENSER
47 DISPENSES A HEARING AID A RECEIPT THAT:
48 (I) BEARS THE BUSINESS ADDRESS OF THE DISPENSER, TOGETHER
49 WITH SPECIFICATIONS AS TO THE MAKE AND SERIAL NUMBER OF THE
50 HEARING AID FURNISHED AND THE FULL TERMS OF THE SALE CLEARLY
51 STATED. IF THE DISPENSER DISPENSES A HEARING AID THAT IS NOT NEW,
52 THE DISPENSER SHALL CLEARLY MARK ON THE HEARING AID CONTAINER
53 AND THE RECEIPT THE TERM "USED" OR "RECONDITIONED", WHICHEVER IS
54 APPLICABLE, WITHIN THE TERMS OF THE GUARANTEE, IF ANY.
55 (II) BEARS, IN NO SMALLER TYPE THAN THE LARGEST USED IN THE
1 BODY OF THE RECEIPT, IN SUBSTANCE, A PROVISION THAT THE BUYER HAS
2 BEEN ADVISED AT THE OUTSET OF THE BUYER'S RELATIONSHIP WITH THE
3 DISPENSER THAT ANY EXAMINATION OR REPRESENTATION MADE BY A
4 DISPENSER IN CONNECTION WITH THE PRACTICE OF DISPENSING, FITTING,
5 OR DEALING IN HEARING AIDS IS NOT AN EXAMINATION, DIAGNOSIS, OR
6 PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS
7 STATE AND, THEREFORE, MUST NOT BE REGARDED AS MEDICAL OPINION OR
8 ADVICE;
9 (III) BEARS, IN NO SMALLER TYPE THAN THE LARGEST USED IN THE
10 BODY OF THE RECEIPT, A PROVISION INDICATING THAT DISPENSERS WHO
11 ARE LICENSED BY THE DEPARTMENT ARE REGULATED BY THE DIVISION;
12 AND
13 (IV) BEARS A PROVISION LABELED "WARRANTY" IN WHICH THE
14 EXACT WARRANTY TERMS AND PERIODS AVAILABLE FROM THE
15 MANUFACTURER ARE DOCUMENTED, OR INCLUDES AN ORIGINAL OR
16 PHOTOCOPY OF THE ORIGINAL MANUFACTURER'S WARRANTY WITH THE
17 RECEIPT;
18 (b) DISPENSES A HEARING AID TO A CHILD UNDER EIGHTEEN YEARS
19 OF AGE WITHOUT RECEIVING DOCUMENTATION THAT THE CHILD HAS BEEN
20 EXAMINED BY A LICENSED PHYSICIAN AND AN AUDIOLOGIST WITHIN SIX
21 MONTHS PRIOR TO THE FITTING;
22 (c) DISPENSES, ADJUSTS, PROVIDES TRAINING OR TEACHING IN
23 REGARD TO, OR OTHERWISE SERVICES SURGICALLY IMPLANTED HEARING
24 DEVICES UNLESS THE DISPENSER IS AN AUDIOLOGIST OR PHYSICIAN;
25 (d) FAILS TO RECOMMEND IN WRITING, PRIOR TO FITTING OR
26 DISPENSING A HEARING AID, THAT THE BEST INTERESTS OF THE
27 PROSPECTIVE USER WOULD BE SERVED BY CONSULTING A LICENSED
28 PHYSICIAN SPECIALIZING IN DISEASES OF THE EAR, OR ANY LICENSED
29 PHYSICIAN, IF ANY OF THE FOLLOWING CONDITIONS EXIST:
30 (I) VISIBLE CONGENITAL OR TRAUMATIC DEFORMITY OF THE EAR;
31 (II) ACTIVE DRAINAGE OF THE EAR, OR A HISTORY OF DRAINAGE OF
32 THE EAR WITHIN THE PREVIOUS NINETY DAYS;
33 (III) HISTORY OF SUDDEN OR RAPIDLY PROGRESSIVE HEARING
34 LOSS;
35 (IV) ACUTE OR CHRONIC DIZZINESS;
36 (V) UNILATERAL HEARING LOSS OF SUDDEN ONSET WITHIN THE
37 PREVIOUS NINETY DAYS;
38 (VI) AUDIOMETRIC AIR-BONE GAP EQUAL TO OR GREATER THAN
39 FIFTEEN DECIBELS AT 500 HERTZ (HZ), 1,000 HZ, AND 2,000 HZ;
40 (VII) VISIBLE EVIDENCE OF SIGNIFICANT CERUMEN
41 ACCUMULATION ON, OR A FOREIGN BODY IN, THE EAR CANAL; OR
42 (VIII) PAIN OR DISCOMFORT IN THE EAR;
43 (e) FAILS TO PROVIDE A MINIMUM THIRTY-DAY RESCISSION PERIOD
44 WITH THE FOLLOWING TERMS:
45 (I) THE BUYER HAS THE RIGHT TO CANCEL THE PURCHASE FOR ANY
46 REASON BEFORE THE EXPIRATION OF THE RESCISSION PERIOD BY GIVING OR
47 MAILING WRITTEN NOTICE OF CANCELLATION TO THE DISPENSER AND
48 PRESENTING THE HEARING AID TO THE DISPENSER, UNLESS THE HEARING
49 AID HAS BEEN LOST OR SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE
50 IN THE BUYER'S POSSESSION AND CONTROL. THE RESCISSION PERIOD IS
51 TOLLED FOR ANY PERIOD DURING WHICH A DISPENSER TAKES POSSESSION
52 OR CONTROL OF A HEARING AID AFTER ITS ORIGINAL DELIVERY.
53 (II) THE BUYER, UPON CANCELLATION, IS ENTITLED TO RECEIVE A
54 FULL REFUND OF ANY PAYMENT MADE FOR THE HEARING AID WITHIN
55 THIRTY DAYS AFTER RETURNING THE HEARING AID TO THE DISPENSER,
1 UNLESS THE HEARING AID WAS SIGNIFICANTLY DAMAGED BEYOND REPAIR
2 WHILE IN THE BUYER'S POSSESSION AND CONTROL.
3 (III) (A) THE DISPENSER SHALL PROVIDE A WRITTEN RECEIPT OR
4 CONTRACT TO THE BUYER THAT INCLUDES, IN IMMEDIATE PROXIMITY TO
5 THE SPACE RESERVED FOR THE SIGNATURE OF THE BUYER, THE FOLLOWING
6 SPECIFIC STATEMENT IN ALL CAPITAL LETTERS OF NO LESS THAN
7 TEN-POINT, BOLD-FACED TYPE:
8 THE BUYER HAS THE RIGHT TO CANCEL THIS
9 PURCHASE FOR ANY REASON AT ANY TIME
10 PRIOR TO 12 MIDNIGHT ON THE [INSERT
11 APPLICABLE RESCISSION PERIOD, WHICH MUST BE NO
12 SHORTER THAN THIRTY DAYS AFTER RECEIPT OF THE
13 HEARING AID] CALENDAR DAY AFTER RECEIPT OF
14 THE HEARING AID BY GIVING OR MAILING THE
15 D I S P E N S E R W R I T T E N N O T I C E O F
16 CANCELLATION AND BY RETURNING THE
17 HEARING AID, UNLESS THE HEARING AID HAS
18 BEEN SIGNIFICANTLY DAMAGED BEYOND
19 REPAIR WHILE THE HEARING AID WAS IN THE
20 BUYER'S CONTROL.
21 (B) THE WRITTEN CONTRACT OR RECEIPT PROVIDED TO THE BUYER
22 MUST ALSO CONTAIN A STATEMENT, IN PRINT SIZE NO SMALLER THAN
23 TEN-POINT TYPE, THAT THE SALE IS VOID AND UNENFORCEABLE IF THE
24 HEARING AID BEING PURCHASED IS NOT DELIVERED TO THE CONSUMER
25 WITHIN THIRTY DAYS AFTER THE DATE THE WRITTEN CONTRACT IS SIGNED
26 OR THE RECEIPT IS ISSUED, WHICHEVER OCCURS LATER. THE WRITTEN
27 CONTRACT OR RECEIPT MUST ALSO INCLUDE THE DISPENSER'S LICENSE
28 NUMBER, IF THE DISPENSER IS REQUIRED TO BE LICENSED BY THE STATE,
29 AND A STATEMENT THAT THE DISPENSER WILL PROMPTLY REFUND ALL
30 MONEY PAID FOR THE PURCHASE OF THE HEARING AID IF IT IS NOT
31 DELIVERED TO THE CONSUMER WITHIN THE THIRTY-DAY PERIOD. THE
32 BUYER CANNOT WAIVE THIS REQUIREMENT, AND ANY ATTEMPT TO WAIVE
33 IT IS VOID.
34 (IV) A REFUND REQUEST FORM MUST BE ATTACHED TO EACH
35 RECEIPT AND MUST CONTAIN THE INFORMATION IN SUBSECTION (1)(a)(I)
36 OF THIS SECTION AND THE STATEMENT, IN ALL CAPITAL LETTERS OF NO
37 LESS THAN TEN-POINT, BOLD-FACED TYPE:
38 REFUND REQUEST - THIS FORM MUST BE
39 POSTMARKED BY _________ [DATE TO BE FILLED IN].
40 NO REFUND WILL BE GIVEN UNTIL THE
41 HEARING AID OR HEARING AIDS ARE
42 RETURNED TO THE DISPENSER.
43 A SPACE FOR THE BUYER'S ADDRESS, TELEPHONE NUMBER, AND
44 SIGNATURE MUST BE PROVIDED. THE BUYER IS REQUIRED ONLY TO SIGN,
45 LIST THE BUYER'S CURRENT ADDRESS AND TELEPHONE NUMBER, AND MAIL
46 THE REFUND REQUEST FORM TO THE DISPENSER. IF THE HEARING AID IS
47 SOLD IN THE BUYER'S HOME, THE BUYER MAY REQUIRE THE DISPENSER TO
48 ARRANGE THE RETURN OF THE HEARING AID.
49 (f) REPRESENTS THAT THE SERVICE OR ADVICE OF A PERSON
50 LICENSED TO PRACTICE MEDICINE WILL BE USED OR MADE AVAILABLE IN
51 THE SELECTION, FITTING, ADJUSTMENT, MAINTENANCE, OR REPAIR OF
52 HEARING AIDS WHEN THAT IS NOT TRUE OR USING THE TERMS "DOCTOR",
53 "CLINIC", "STATE-LICENSED CLINIC", "STATE-REGISTERED",
54 "STATE-CERTIFIED", OR "STATE-APPROVED", OR ANY OTHER TERM,
55 ABBREVIATION, OR SYMBOL WHEN IT WOULD:
1 (I) FALSELY GIVE THE IMPRESSION THAT SERVICE IS BEING
2 PROVIDED BY PERSONS TRAINED IN MEDICINE OR THAT THE DISPENSER'S
3 SERVICE HAS BEEN RECOMMENDED BY THE STATE WHEN THAT IS NOT THE
4 CASE; OR
5 (II) BE FALSE OR MISLEADING;
6 (g) DIRECTLY OR INDIRECTLY:
7 (I) GIVES OR OFFERS TO GIVE, OR PERMITS OR CAUSES TO BE GIVEN,
8 MONEY OR ANYTHING OF VALUE TO ANY PERSON WHO ADVISES ANOTHER
9 IN A PROFESSIONAL CAPACITY AS AN INDUCEMENT TO INFLUENCE THE
10 PERSON OR HAVE THE PERSON INFLUENCE OTHERS TO PURCHASE OR
11 CONTRACT TO PURCHASE PRODUCTS SOLD OR OFFERED FOR SALE BY THE
12 DISPENSER; EXCEPT THAT A DISPENSER DOES NOT VIOLATE THIS
13 SUBSECTION (1)(g)(I) IF THE DISPENSER PAYS AN INDEPENDENT
14 ADVERTISING OR MARKETING AGENT COMPENSATION FOR ADVERTISING OR
15 MARKETING SERVICES THE AGENT RENDERED ON THE DISPENSER'S BEHALF,
16 INCLUDING COMPENSATION THAT IS PAID FOR THE RESULTS OR
17 PERFORMANCE OF THE SERVICES ON A PER-PATIENT BASIS; OR
18 (II) INFLUENCES OR ATTEMPTS TO INFLUENCE ANY PERSON TO
19 REFRAIN FROM DEALING IN THE PRODUCTS OF COMPETITORS;
20 (h) DISPENSES A HEARING AID TO A PERSON WHO HAS NOT BEEN
21 GIVEN TESTS UTILIZING APPROPRIATE ESTABLISHED PROCEDURES AND
22 INSTRUMENTATION IN THE FITTING OF HEARING AIDS, EXCEPT WHEN
23 SELLING A REPLACEMENT HEARING AID WITHIN ONE YEAR AFTER THE DATE
24 OF THE ORIGINAL PURCHASE;
25 (i) MAKES A FALSE OR MISLEADING STATEMENT OF FACT
26 CONCERNING GOODS OR SERVICES OR THE BUYER'S RIGHT TO CANCEL WITH
27 THE INTENTION OR EFFECT OF DETERRING OR PREVENTING THE BUYER
28 FROM EXERCISING THE BUYER'S RIGHT TO CANCEL, OR REFUSES TO HONOR
29 A BUYER'S REQUEST TO CANCEL A CONTRACT FOR THE PURCHASE OF A
30 HEARING AID, IF THE REQUEST WAS MADE DURING THE RESCISSION PERIOD
31 SET FORTH IN SUBSECTION (1)(e) OF THIS SECTION;
32 (j) EMPLOYS A DEVICE, A SCHEME, OR AN ARTIFICE WITH THE
33 INTENT TO DEFRAUD A BUYER OF A HEARING AID;
34 (k) INTENTIONALLY DISPOSES OF, CONCEALS, DIVERTS, CONVERTS,
35 OR OTHERWISE FAILS TO ACCOUNT FOR ANY FUNDS OR ASSETS OF A BUYER
36 OF A HEARING AID THAT IS UNDER THE DISPENSER'S CONTROL; OR
37 (l) CHARGES, COLLECTS, OR RECOVERS ANY COST OR FEE FOR ANY
38 GOOD OR SERVICE THAT HAS BEEN REPRESENTED BY THE DISPENSER AS
39 FREE.
40 (2) (a) THIS SECTION APPLIES TO A DISPENSER WHO DISPENSES
41 HEARING AIDS IN THIS STATE.
42 (b) THIS SECTION DOES NOT APPLY TO THE DISPENSING OF HEARING
43 AIDS OUTSIDE OF THIS STATE SO LONG AS THE TRANSACTION EITHER
44 CONFORMS TO THIS SECTION OR TO THE APPLICABLE LAWS AND RULES OF
45 THE JURISDICTION IN WHICH THE TRANSACTION TAKES PLACE.
46 SECTION 9. In Colorado Revised Statutes, amend 13-64-303 as
47 follows:
48 13-64-303. Judgments and settlements - reported. Any final
49 judgment, settlement, or arbitration award against any health care
50 professional or health care institution for medical malpractice shall be
51 reported within fourteen days by such THE professional's or institution's
52 medical malpractice insurance carrier in accordance with section
53 10-1-120, 10-1-121, 10-1-124, or 10-1-125, C.R.S. OR 10-1-125.7, or by
54 such THE professional or institution if there is no commercial medical
55 malpractice insurance coverage, to the licensing agency of the health care
1 professional or health care institution for review, investigation, and,
2 where appropriate, disciplinary or other action. Any health care
3 professional, health care institution, or insurance carrier that knowingly
4 fails to report as required by this section shall be subject to a civil penalty
5 of not more than two thousand five hundred dollars. Such penalty shall
6 be determined and collected by the district court in the city and county of
7 Denver. All penalties collected pursuant to this section shall be
8 transmitted to the state treasurer, who shall credit the same to the general
9 fund.
10 SECTION 10. In Colorado Revised Statutes, 25-51-104, amend
11 (1)(c) as follows:
12 25-51-104. Payment and financial resolution. (1) If a patient
13 accepts an offer of compensation made pursuant to section 25-51-103 (5)
14 and receives the compensation, the payment of compensation to the
15 patient is not a payment resulting from:
16 (c) A malpractice claim settled or in which judgment is rendered
17 against a professional for purposes of reporting by malpractice insurance
18 companies under section 10-1-120, 10-1-121, 10-1-124, 10-1-125, or
19 10-1-125.5, OR 10-1-125.7;
20 SECTION 11. Act subject to petition - effective date. This act
21 takes effect at 12:01 a.m. on the day following the expiration of the
22 ninety-day period after final adjournment of the general assembly (August
23 5, 2020, if adjournment sine die is on May 6, 2020); except that, if a
24 referendum petition is filed pursuant to section 1 (3) of article V of the
25 state constitution against this act or an item, section, or part of this act
26 within such period, then the act, item, section, or part will not take effect
27 unless approved by the people at the general election to be held in
28 November 2020 and, in such case, will take effect on the date of the
29 official declaration of the vote thereon by the governor.".
30
31 Page 1, line 103, strike the first "THE".
32
33

Senate Journal, June 9
HB20-1219 by Representative(s) Buckner and Jaquez Lewis, Lontine; also Senator(s) Danielson--
Concerning the continuation of the licensing of audiologists, and, in connection therewith,
implementing recommendations contained in the 2019 sunset report by the department of
regulatory agencies.

Amendment No. 1(L.007), by Senator Danielson.

Amend reengrossed bill, page 14, strike lines 17 through 26 and
substitute:

"SECTION 11. Effective date. This act takes effect September
1, 2020.
SECTION 12. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".


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