A Bill for an Act
Page 1, Line 101Concerning protections related to a legally protected
Page 1, Line 102health-care activity.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill clarifies that requirements for out-of-state telehealth providers do not alter or limit the rights and protections afforded to a person concerning a legally protected health-care activity.
Current law requires a prescription drug label to include the name of the prescribing practitioner. At the practitioner's request, the bill authorizes a prescription label for mifepristone, misoprostol, and the generic alternatives to those prescriptions to include only the name of the prescribing health-care practice instead of the name of the practitioner.
The bill requires any person requesting a subpoena to affirm under penalty of perjury that the subpoena:
- Is not related to, and any information obtained will not be used in, any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions against a person or entity that engaged in or attempted or intended to engage in a legally protected health-care activity or who provided insurance coverage for gender-affirming health-care services or reproductive health care; or
- Is related to such an investigation or proceeding, but the investigation or proceeding is brought under tort law or contract law by the person who engaged in or attempted or intended to engage in a legally protected health-care activity, gender-affirming health-care services, or reproductive health care, and is actionable in an equivalent or similar manner under Colorado law.
The bill prohibits any person residing in Colorado, or partnership, corporation, trust, or limited liability company that is located, headquartered, or has its principal place of business in Colorado (Colorado business) from responding to a civil, criminal, regulatory, or administrative inquiry, investigation, subpoena, or summons concerning an individual who engaged in or attempted or intended to engage in a legally protected health-care activity or concerning an entity that provides insurance coverage for gender-affirming health-care services or reproductive health care. A person or Colorado business may respond to an inquiry, investigation, subpoena, or summons after certain conditions are met.
If a person or entity brings an out-of-state civil or criminal action, or attempts to enforce any order or judgment issued in connection with an action, against another person or entity for engaging in or attempting or intending to engage in a legally protected health-care activity or for providing insurance coverage for gender-affirming health-care services or reproductive health care, the person or entity subject to the out-of-state civil or criminal action has a private right of action against the person or entity and may institute a civil action in district court within 3 years after the date of the alleged violation.
Current law authorizes a private person to arrest a person without a warrant upon reasonable information that the person is charged in another state with a crime punishable by death or imprisonment for a term exceeding one year. The bill creates an exception if the person is charged in another state for engaging in a legally protected health-care activity in Colorado.
Current law prohibits a public agency from expending government resources or providing information or data 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. The bill expands the prohibition to public entities, which includes state and local governments.
The bill grants the attorney general the authority to enforce the provisions of the bill.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, 12-30-124, add (16) as follows:
Page 3, Line 312-30-124. Out-of-state telehealth providers - registration -
Page 3, Line 4financial responsibility - discipline - emergency protocol - disclosures
Page 3, Line 5- prescriptions - rules - applicability - definitions. (16) This section
Page 3, Line 6does not alter or limit the rights and protections afforded to a
Page 3, Line 7person concerning a legally protected health-care activity, as defined in section 12-30-121.
Page 3, Line 8SECTION 2. In Colorado Revised Statutes, 12-280-124, amend (2) as follows:
Page 3, Line 912-280-124. Labeling - rules - definitions. (2) (a) Except as
Page 3, Line 10otherwise required by law, any drug dispensed pursuant to a prescription
Page 3, Line 11order must bear a label prepared and placed on or securely attached to the
Page 3, Line 12medicine container stating at least the name and address of the
Page 3, Line 13prescription drug outlet, the serial number and the date of the prescription
Page 3, Line 14or of its dispensing, the name of the drug dispensed unless otherwise
Page 3, Line 15requested by the practitioner, the name of the practitioner, the name of the
Page 3, Line 16patient, and, if stated in the prescription, the directions for use and cautionary statements, if any, contained in the prescription.
Page 3, Line 17(b) Notwithstanding the labeling requirements described
Page 4, Line 1in subsection (2)(a) of this section, at the practitioner's request,
Page 4, Line 2a prescription label for mifepristone, misoprostol, or the generic
Page 4, Line 3alternatives to those prescriptions may include the name of the
Page 4, Line 4prescribing health-care practice instead of the name of the practitioner.
Page 4, Line 5SECTION 3. In Colorado Revised Statutes, add 13-1-140.1 as follows:
Page 4, Line 613-1-140.1. Subpoena requirements - legally protected
Page 4, Line 7health-care activity - enforcement. (1) Affirmation required.An
Page 4, Line 8individual requesting a subpoena shall affirm under penalty of perjury that the subpoena:
Page 4, Line 9(a) Is not related to, and any information obtained as a
Page 4, Line 10result of the subpoena will not be used in, any investigation or
Page 4, Line 11proceeding that seeks to impose civil or criminal liability or
Page 4, Line 12professional sanctions against an individual or entity that
Page 4, Line 13engaged in or attempted or intended to engage in a legally
Page 4, Line 14protected health-care activity, as defined in section 12-30-121,
Page 4, Line 15or that provided insurance coverage for gender-affirming
Page 4, Line 16health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402; or
Page 4, Line 17(b) Is related to an investigation or proceeding that seeks
Page 4, Line 18to impose civil or criminal liability or professional sanctions
Page 4, Line 19against an individual or entity that engaged in or attempted or
Page 4, Line 20intended to engage in a legally protected health-care activity,
Page 4, Line 21as defined in section 12-30-121, or that provided insurance
Page 4, Line 22coverage for gender-affirming health-care services, as defined
Page 4, Line 23in section 12-30-121, or reproductive health care, as defined in section 25-6-402, but the investigation or proceeding:
Page 5, Line 1(I) Is brought under tort law or contract law;
Page 5, Line 2(II) Is actionable in an equivalent or similar manner under Colorado law; and
Page 5, Line 3(III) Is brought by the individual, or the individual's legal
Page 5, Line 4representative, who received gender-affirming health-care services or reproductive health care.
Page 5, Line 5(2) Jurisdiction and penalty.An individual who omits or
Page 5, Line 6submits a false affirmation pursuant to subsection (1) of this
Page 5, Line 7section is subject to the jurisdiction of Colorado courts for any
Page 5, Line 8action, penalties, or damages arising out of the omission or false
Page 5, Line 9affirmation. The court, upon finding the omission or false
Page 5, Line 10affirmation was made intentionally, knowingly, willfully, or
Page 5, Line 11recklessly, shall impose a civil penalty in an amount not to
Page 5, Line 12exceed fifteen thousand dollars for each violation, which
Page 5, Line 13amount is in addition to any other legal or equitable remedy lawfully available.
Page 5, Line 14(3) Enforcement.The attorney general may bring a civil
Page 5, Line 15action on behalf of the state to seek the imposition of damages,
Page 5, Line 16penalties, and any other equitable remedies against an
Page 5, Line 17individual who omits or submits a false affirmation pursuant to
Page 5, Line 18subsection (1) of this section. The action must be filed within six years after the date of the alleged violation.
Page 5, Line 19SECTION 4. In Colorado Revised Statutes, add 13-1-140.2 as follows:
Page 5, Line 2013-1-140.2. Responding to request for information or
Page 5, Line 21subpoena in connection with legally protected health-care activity -
Page 6, Line 1exception - enforcement. (1) Response prohibited.Except as
Page 6, Line 2provided in subsection (2) of this section, an individual residing
Page 6, Line 3in Colorado, or any partnership, corporation, trust, or limited
Page 6, Line 4liability company that is located, headquartered, or has its
Page 6, Line 5principal place of business in Colorado, shall not respond to a
Page 6, Line 6civil, criminal, regulatory, or administrative inquiry,
Page 6, Line 7investigation, subpoena, or summons concerning an individual or
Page 6, Line 8entity who engaged in or attempted or intended to engage in a
Page 6, Line 9legally protected health-care activity, as defined in section
Page 6, Line 1012-30-121, or concerning an entity that provides insurance
Page 6, Line 11coverage for gender-affirming health-care services, as defined
Page 6, Line 12in section 12-30-121, or reproductive health care, as defined in section 25-6-402.
Page 6, Line 13(2) Exception.Notwithstanding subsection (1) of this
Page 6, Line 14section to the contrary, an individual residing in Colorado, or
Page 6, Line 15any partnership, corporation, trust, or limited liability company
Page 6, Line 16that is located, headquartered, or has its principal place of
Page 6, Line 17business in Colorado, may respond to a civil, criminal,
Page 6, Line 18regulatory, or administrative inquiry, investigation, subpoena, or summons if:
Page 6, Line 19(a) The inquiry, investigation, subpoena, or summons
Page 6, Line 20contains or is accompanied by an affirmation made under the
Page 6, Line 21penalty of perjury attesting that the inquiry, investigation, subpoena, or summons:
Page 6, Line 22(I) Is not related to, and any information obtained as a
Page 6, Line 23result of the subpoena will not be used in, any investigation or
Page 6, Line 24proceeding that seeks to impose civil or criminal liability or
Page 7, Line 1professional sanctions against an individual or entity that
Page 7, Line 2engaged in or attempted or intended to engage in a legally
Page 7, Line 3protected health-care activity, as defined in section 12-30-121,
Page 7, Line 4or that provided insurance coverage for gender-affirming
Page 7, Line 5health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402; or
Page 7, Line 6(II) Is related to an investigation or proceeding that seeks
Page 7, Line 7to impose civil or criminal liability or professional sanctions
Page 7, Line 8against an individual or entity that engaged in or attempted or
Page 7, Line 9intended to engage in a legally protected health-care activity,
Page 7, Line 10as defined in section 12-30-121, or that provided insurance
Page 7, Line 11coverage for gender-affirming health-care services, as defined
Page 7, Line 12in section 12-30-121, or reproductive health care, as defined in section 25-6-402, but the investigation or proceeding:
Page 7, Line 13(A) Is brought under tort law or contract law;
Page 7, Line 14(B) Is actionable in an equivalent or similar manner under Colorado law; and
Page 7, Line 15(C) Is brought by the individual, or the individual's legal
Page 7, Line 16representative, who received gender-affirming health-care services or reproductive health care.
Page 7, Line 17(b) The individual or entity that received the inquiry,
Page 7, Line 18investigation, subpoena, or summons and accompanying affirmation described in subsection (2)(a) of this section:
Page 7, Line 19(I) Notifies the attorney general within seventy-two
Page 7, Line 20hours after receiving the inquiry, investigation, subpoena, or
Page 7, Line 21summons; indicates in the notice to the attorney general
Page 7, Line 22whether the individual or entity intends to comply with the
Page 8, Line 1inquiry, investigation, subpoena, or summons; and provides a
Page 8, Line 2copy of the inquiry, investigation, subpoena, or summons, and any related materials to the attorney general; and
Page 8, Line 3(II) Notifies the individual or entity that performed,
Page 8, Line 4sought, received, facilitated, or otherwise engaged in the
Page 8, Line 5legally protected health-care activity to which the inquiry,
Page 8, Line 6investigation, subpoena, or summons pertains at least thirty
Page 8, Line 7days before providing any responsive information, unless otherwise ordered by a court of this state; and
Page 8, Line 8(c) Thirty days have passed since the individual or entity
Page 8, Line 9notified the attorney general pursuant to subsection (2)(b)(I) of this section.
Page 8, Line 10(3) Jurisdiction and penalty.An individual or entity that
Page 8, Line 11violates this section is subject to the jurisdiction of Colorado
Page 8, Line 12courts for any action, penalties, or damages arising out of the
Page 8, Line 13violation. The court, upon finding the violation was made
Page 8, Line 14intentionally, knowingly, willfully, or recklessly, shall impose
Page 8, Line 15a civil penalty in an amount not to exceed fifteen thousand
Page 8, Line 16dollars for each violation, which amount is in addition to any other legal or equitable remedy lawfully available.
Page 8, Line 17(4) Enforcement. (a) If the attorney general has reason to
Page 8, Line 18believe an individual or entity intends to comply or has complied
Page 8, Line 19with an inquiry, investigation, subpoena, or summons concerning
Page 8, Line 20an individual who engaged in or attempted or intended to
Page 8, Line 21engage in a legally protected health-care activity,
Page 8, Line 22gender-affirming health-care services, or reproductive health
Page 8, Line 23care in violation of this section, the attorney general may bring
Page 9, Line 1a civil action on behalf of the state to enforce this section,
Page 9, Line 2including, but not limited to, a motion for an order enjoining
Page 9, Line 3ongoing and future violations of this section. The attorney
Page 9, Line 4general may seek all available legal and equitable remedies.
Page 9, Line 5The action must be filed within six years after the date of the alleged violation.
Page 9, Line 6(b) The attorney general may bring a civil action on
Page 9, Line 7behalf of the state to seek the imposition of a civil penalty
Page 9, Line 8against an individual or entity that knowingly, willfully, or
Page 9, Line 9recklessly omits or submits a false affirmation pursuant to
Page 9, Line 10subsection (2)(a) of this section. The action must be filed within six years after the date of the alleged violation.
Page 9, Line 11(5) Declaratory relief. (a) An individual residing in
Page 9, Line 12Colorado, or a partnership, corporation, trust, or limited
Page 9, Line 13liability company that receives or is served with a civil,
Page 9, Line 14criminal, regulatory, or administrative inquiry, investigation,
Page 9, Line 15subpoena, or summons concerning an individual or entity that
Page 9, Line 16engaged in or attempted or intended to engage in a legally
Page 9, Line 17protected health-care activity, or that provided insurance
Page 9, Line 18coverage for gender-affirming health-care services or
Page 9, Line 19reproductive health care may file a civil action seeking
Page 9, Line 20declaratory relief, or any other relief deemed necessary and
Page 9, Line 21proper by the court, stating that this section prohibits
Page 9, Line 22compliance with the inquiry, investigation, subpoena, or
Page 9, Line 23summons. Upon timely application, the attorney general may
Page 9, Line 24intervene in a civil action filed pursuant to this subsection
Page 9, Line 25(5)(a).
Page 10, Line 1(b) A party seeking declaratory relief pursuant to
Page 10, Line 2subsection (5)(a) of this section shall serve the attorney
Page 10, Line 3general with notice of intent to file and all supporting documentation on or before the start of the action.
Page 10, Line 4(c) If the party initiating an action pursuant to this
Page 10, Line 5subsection (5) prevails, the court shall award reasonable costs and attorney fees.
Page 10, Line 6(d) An action brought pursuant to this subsection (5) must
Page 10, Line 7be filed within one year after the date the inquiry, investigation, subpoena, or summons was received.
Page 10, Line 8(6) An individual or entity that issues a civil, criminal,
Page 10, Line 9regulatory, or administrative inquiry, investigation, subpoena,
Page 10, Line 10or summons to a person residing in Colorado or entity located,
Page 10, Line 11headquartered, or incorporated in Colorado is subject to the
Page 10, Line 12jurisdiction of Colorado courts for any action, penalty, or damages arising out of a violation of this section.
Page 10, Line 13(7) This section does not prohibit:
Page 10, Line 14(a) The investigation of any activity that would violate
Page 10, Line 15the laws of this state, provided that information relating to
Page 10, Line 16any medical procedure performed on a specific individual must
Page 10, Line 17not be shared with an agency outside Colorado or with any other person; or
Page 10, Line 18(b) Compliance with a valid, court-issued subpoena or
Page 10, Line 19warrant that is issued in compliance with subsection (2) of this
Page 10, Line 20section or in response to the written request of an individual who is the subject of an investigation or proceeding.
Page 10, Line 21(8) Any information lawfully obtained pursuant to this
Page 11, Line 1section must not be disclosed to any person, agency, or
Page 11, Line 2department outside Colorado unless otherwise authorized pursuant to state law.
Page 11, Line 3SECTION 5. In Colorado Revised Statutes, 13-21-133, amend (1) as follows:
Page 11, Line 413-21-133. Out-of-state civil action against a person or entity
Page 11, Line 5prohibited - legally protected health-care activity - out-of-state civil
Page 11, Line 6judgment. (1) (a) It is against the public policy of this state for the law
Page 11, Line 7of another state to authorize a person to bring a civil action against
Page 11, Line 8another person or entity for engaging or attempting or intending to engage
Page 11, Line 9in a legally protected health-care activity, as defined in section 12-30-121,
Page 11, Line 10
(1)(d),Page 11, Line 11health-care services, as defined in section 12-30-121,
(1)(c),(4).Page 11, Line 12(b) (I) If a person or entity brings an out-of-state civil or
Page 11, Line 13criminal action, or attempts to enforce any order or judgment
Page 11, Line 14issued in connection with any such action, against another
Page 11, Line 15person or entity for engaging in or attempting or intending to
Page 11, Line 16engage in a legally protected health-care activity, as defined
Page 11, Line 17in section 12-30-121, or for providing insurance coverage for
Page 11, Line 18gender-affirming health-care services, as defined in section
Page 11, Line 1912-30-121, or reproductive health care, as defined in section
Page 11, Line 2025-6-402, the person or entity subject to the out-of-state civil or
Page 11, Line 21criminal action has a private right of action against the person
Page 11, Line 22or entity and, within three years after the date of the alleged
Page 11, Line 23violation, may institute a civil action in district court for
Page 11, Line 24injunctive relief; actual damages, including the amount of any
Page 12, Line 1judgment issued in connection with the out-of-state action,
Page 12, Line 2along with any expenses, costs, or reasonable attorney fees
Page 12, Line 3incurred in connection with the out-of-state action and civil
Page 12, Line 4action filed pursuant to this section; and any other appropriate remedy.
Page 12, Line 5(II) The attorney general may intervene in any
Page 12, Line 6out-of-state action brought against the state pursuant to this subsection (1)(b).
Page 12, Line 7SECTION 6. In Colorado Revised Statutes, amend 16-19-115 as follows:
Page 12, Line 816-19-115. Arrest without warrant.Except in cases arising
Page 12, Line 9pursuant to section 16-19-107 (2), the arrest of a person may be
Page 12, Line 10lawfully made
alsoPage 12, Line 11warrant upon reasonable information that the accused stands charged in
Page 12, Line 12the courts of a state with a crime punishable by death or imprisonment for
Page 12, Line 13a term exceeding one year.
When so arrestedPage 12, Line 14before a judge with all practicable speed, and a complaint must be made
Page 12, Line 15against
himgroundPage 12, Line 16arrest as in section 16-19-114; and thereafter
hisshallhePage 12, Line 17SECTION 7. In Colorado Revised Statutes, 24-31-101, amend
Page 12, Line 18(1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) as follows:
Page 12, Line 1924-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 12, Line 20(i) May independently initiate and bring civil and criminal actions
Page 12, Line 21to enforce state laws, including actions brought pursuant to:
(XXII) Part 14 of article 12 of title 38;
andPage 13, Line 1(XXIV) Section 13-1-140.1;
(XXV) Section 13-1-140.2; and
Page 13, Line 2(XXVI) Article 116 of title 24.
Page 13, Line 3SECTION 8. In Colorado Revised Statutes, amend 24-116-101 as follows:
Page 13, Line 424-116-101. Prohibition on providing information or
Page 13, Line 5expending government resources - legally protected health-care
Page 13, Line 6activity. A public
agencyPage 13, Line 7employee, appointee, officer, official, or any other person acting on
Page 13, Line 8behalf of a public
agencyPage 13, Line 9expend or use time, money, facilities, property, equipment, personnel, or
Page 13, Line 10other resources in furtherance of any out-of-state investigation or
Page 13, Line 11proceeding seeking to impose civil or criminal liability or professional
Page 13, Line 12sanction upon a person or entity for engaging in a legally protected health-care activity, as defined in section 12-30-121.
(1)(d).Page 13, Line 13SECTION 9. In Colorado Revised Statutes, 24-116-102, amend (1) and (2) as follows:
Page 13, Line 1424-116-102. Prohibition on assisting another state - legally
Page 13, Line 15protected health-care activity. (1) A
state agency or executivePage 13, Line 16
departmentPage 13, Line 17provide information or data, including patient medical records,
Page 13, Line 18patient-level data, or related billing information, or expend time, money,
Page 13, Line 19facilities, property, equipment, personnel, or other resources for the
Page 13, Line 20purpose of assisting or furthering an investigation or proceeding initiated
Page 13, Line 21in or by another state that seeks to impose criminal or civil liability or
Page 13, Line 22professional sanction upon a person or entity for engaging in a legally protected health-care activity, as defined in section 12-30-121.
(1)(d).Page 14, Line 1(2) Notwithstanding subsection (1) of this section,
an agency orPage 14, Line 2
executive departmentPage 14, Line 3assistance in connection with an investigation or proceeding in response to a written request from the subject of the investigation or proceeding.
Page 14, Line 4SECTION 10. In Colorado Revised Statutes, add 24-116-103 as follows:
Page 14, Line 524-116-103. Enforcement by the attorney general.The
Page 14, Line 6attorney general has the sole discretion to enforce any action
Page 14, Line 7brought pursuant to this article 116 and any related legal action brought on behalf of the state.
Page 14, Line 8SECTION 11. Severability. If any provision of this act or the
Page 14, Line 9application of this act to any person or circumstance is held invalid, the
Page 14, Line 10invalidity does not affect other provisions or applications of the act that
Page 14, Line 11can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Page 14, Line 12SECTION 12. Safety clause. The general assembly finds,
Page 14, Line 13determines, and declares that this act is necessary for the immediate
Page 14, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 14, Line 15the support and maintenance of the departments of the state and state institutions.