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
Page 4, Line 5practitioner, provided the practitioner includes the name of the
Page 4, Line 6health-care practice on the paper or electronic form of the prescription.
Page 4, Line 7SECTION 3. In Colorado Revised Statutes, add 13-1-140.1 as follows:
Page 4, Line 813-1-140.1. Subpoena requirements - legally protected
Page 4, Line 9health-care activity - enforcement. (1) Affirmation required.An
Page 4, Line 10individual requesting a subpoena shall affirm under penalty of perjury that the subpoena:
Page 4, Line 11(a) Is not related to, and any information obtained as a
Page 4, Line 12result of the subpoena will not be used in, any investigation or
Page 4, Line 13proceeding that seeks to impose civil or criminal liability or
Page 4, Line 14professional sanctions against an individual or entity that
Page 4, Line 15engaged in or attempted or intended to engage in a legally
Page 4, Line 16protected health-care activity, as defined in section 12-30-121,
Page 4, Line 17or that provided insurance coverage for gender-affirming
Page 4, Line 18health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402; or
Page 4, Line 19(b) Is related to an investigation or proceeding that seeks
Page 4, Line 20to impose civil or criminal liability or professional sanctions
Page 4, Line 21against an individual or entity that engaged in or attempted or
Page 4, Line 22intended to engage in a legally protected health-care activity,
Page 4, Line 23as defined in section 12-30-121, or that provided insurance
Page 5, Line 1coverage for gender-affirming health-care services, as defined
Page 5, Line 2in section 12-30-121, or reproductive health care, as defined in section 25-6-402, but the investigation or proceeding:
Page 5, Line 3(I) Is brought under tort law or contract law;
Page 5, Line 4(II) Is actionable in an equivalent or similar manner under Colorado law; and
Page 5, Line 5(III) Is brought by the individual, or the individual's legal
Page 5, Line 6representative, who received gender-affirming health-care services or reproductive health care.
Page 5, Line 7(2) Jurisdiction and penalty.An individual who omits or
Page 5, Line 8submits a false affirmation pursuant to subsection (1) of this
Page 5, Line 9section is subject to the jurisdiction of Colorado courts for any
Page 5, Line 10action, penalties, or damages arising out of the omission or false
Page 5, Line 11affirmation. The court, upon finding the omission or false
Page 5, Line 12affirmation was made intentionally, knowingly, willfully, or
Page 5, Line 13recklessly, shall impose a civil penalty in an amount not to
Page 5, Line 14exceed fifteen thousand dollars for each violation, which
Page 5, Line 15amount is in addition to any other legal or equitable remedy lawfully available.
Page 5, Line 16(3) Enforcement.The attorney general may bring a civil
Page 5, Line 17action on behalf of the state to seek the imposition of damages,
Page 5, Line 18penalties, and any other equitable remedies against an
Page 5, Line 19individual who omits or submits a false affirmation pursuant to
Page 5, Line 20subsection (1) of this section. The action must be filed within six years after the date of the alleged violation.
Page 5, Line 21(4) This section does not prohibit the investigation of
Page 5, Line 22criminal activity that may involve a legally protected
Page 6, Line 1health-care activity, provided that information relating to a
Page 6, Line 2medical procedure performed on an individual is not shared with
Page 6, Line 3a federal agency or actor, or an agency or individual from
Page 6, Line 4another state, for the purpose of enforcing another state's abortion law.
Page 6, Line 5SECTION 4. In Colorado Revised Statutes, add 13-1-140.2 as follows:
Page 6, Line 613-1-140.2. Responding to request for information or
Page 6, Line 7subpoena in connection with legally protected health-care activity -
Page 6, Line 8exception - enforcement. (1) Response prohibited.Except as
Page 6, Line 9provided in subsection (2) of this section, an individual residing
Page 6, Line 10in Colorado, or any partnership, corporation, trust, or limited
Page 6, Line 11liability company that is located, headquartered, or has its
Page 6, Line 12principal place of business in Colorado, shall not respond to a
Page 6, Line 13civil, criminal, regulatory, or administrative inquiry,
Page 6, Line 14investigation, subpoena, or summons concerning an individual or
Page 6, Line 15entity who engaged in or attempted or intended to engage in a
Page 6, Line 16legally protected health-care activity, as defined in section
Page 6, Line 1712-30-121, or concerning an entity that provides insurance
Page 6, Line 18coverage for gender-affirming health-care services, as defined
Page 6, Line 19in section 12-30-121, or reproductive health care, as defined in section 25-6-402.
Page 6, Line 20(2) Exception.Notwithstanding subsection (1) of this
Page 6, Line 21section to the contrary, an individual residing in Colorado, or
Page 6, Line 22any partnership, corporation, trust, or limited liability company
Page 6, Line 23that is located, headquartered, or has its principal place of
Page 6, Line 24business in Colorado, may respond to a civil, criminal,
Page 7, Line 1regulatory, or administrative inquiry, investigation, subpoena, or summons if:
Page 7, Line 2(a) The inquiry, investigation, subpoena, or summons
Page 7, Line 3contains or is accompanied by an affirmation made under the
Page 7, Line 4penalty of perjury attesting that the inquiry, investigation, subpoena, or summons:
Page 7, Line 5(I) Is not related to, and any information obtained as a
Page 7, Line 6result of the subpoena will not be used in, any investigation or
Page 7, Line 7proceeding that seeks to impose civil or criminal liability or
Page 7, Line 8professional sanctions against an individual or entity that
Page 7, Line 9engaged in or attempted or intended to engage in a legally
Page 7, Line 10protected health-care activity, as defined in section 12-30-121,
Page 7, Line 11or that provided insurance coverage for gender-affirming
Page 7, Line 12health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402; or
Page 7, Line 13(II) Is related to an investigation or proceeding that seeks
Page 7, Line 14to impose civil or criminal liability or professional sanctions
Page 7, Line 15against an individual or entity that engaged in or attempted or
Page 7, Line 16intended to engage in a legally protected health-care activity,
Page 7, Line 17as defined in section 12-30-121, or that provided insurance
Page 7, Line 18coverage for gender-affirming health-care services, as defined
Page 7, Line 19in section 12-30-121, or reproductive health care, as defined in section 25-6-402, but the investigation or proceeding:
Page 7, Line 20(A) Is brought under tort law or contract law;
Page 7, Line 21(B) Is actionable in an equivalent or similar manner under Colorado law; and
Page 7, Line 22(C) Is brought by the individual, or the individual's legal
Page 8, Line 1representative, who received gender-affirming health-care services or reproductive health care.
Page 8, Line 2(b) The individual or entity that received the inquiry,
Page 8, Line 3investigation, subpoena, or summons and accompanying affirmation described in subsection (2)(a) of this section:
Page 8, Line 4(I) Notifies the attorney general within seventy-two
Page 8, Line 5hours after receiving the inquiry, investigation, subpoena, or
Page 8, Line 6summons; indicates in the notice to the attorney general
Page 8, Line 7whether the individual or entity intends to comply with the
Page 8, Line 8inquiry, investigation, subpoena, or summons; and provides a
Page 8, Line 9copy of the inquiry, investigation, subpoena, or summons, and any related materials to the attorney general; and
Page 8, Line 10(II) Notifies the individual or entity that performed,
Page 8, Line 11sought, received, facilitated, or otherwise engaged in the
Page 8, Line 12legally protected health-care activity to which the inquiry,
Page 8, Line 13investigation, subpoena, or summons pertains at least thirty
Page 8, Line 14days before providing any responsive information, unless otherwise ordered by a court of this state; and
Page 8, Line 15(c) Thirty days have passed since the individual or entity
Page 8, Line 16notified the attorney general pursuant to subsection (2)(b)(I) of this section.
Page 8, Line 17(3) Jurisdiction and penalty.An individual or entity that
Page 8, Line 18violates this section is subject to the jurisdiction of Colorado
Page 8, Line 19courts for any action, penalties, or damages arising out of the
Page 8, Line 20violation. The court, upon finding the violation was made
Page 8, Line 21intentionally, knowingly, willfully, or recklessly, shall impose
Page 8, Line 22a civil penalty in an amount not to exceed fifteen thousand
Page 9, Line 1dollars for each violation, which amount is in addition to any other legal or equitable remedy lawfully available.
Page 9, Line 2(4) Enforcement. (a) If the attorney general has reason to
Page 9, Line 3believe an individual or entity intends to comply or has complied
Page 9, Line 4with an inquiry, investigation, subpoena, or summons concerning
Page 9, Line 5an individual who engaged in or attempted or intended to
Page 9, Line 6engage in a legally protected health-care activity,
Page 9, Line 7gender-affirming health-care services, or reproductive health
Page 9, Line 8care in violation of this section, the attorney general may bring
Page 9, Line 9a civil action on behalf of the state to enforce this section,
Page 9, Line 10including, but not limited to, a motion for an order enjoining
Page 9, Line 11ongoing and future violations of this section. The attorney
Page 9, Line 12general may seek all available legal and equitable remedies.
Page 9, Line 13The action must be filed within six years after the date of the alleged violation.
Page 9, Line 14(b) The attorney general may bring a civil action on
Page 9, Line 15behalf of the state to seek the imposition of a civil penalty
Page 9, Line 16against an individual or entity that knowingly, willfully, or
Page 9, Line 17recklessly omits or submits a false affirmation pursuant to
Page 9, Line 18subsection (2)(a) of this section. The action must be filed within six years after the date of the alleged violation.
Page 9, Line 19(5) Declaratory relief. (a) An individual residing in
Page 9, Line 20Colorado, or a partnership, corporation, trust, or limited
Page 9, Line 21liability company that receives or is served with a civil,
Page 9, Line 22criminal, regulatory, or administrative inquiry, investigation,
Page 9, Line 23subpoena, or summons concerning an individual or entity that
Page 9, Line 24engaged in or attempted or intended to engage in a legally
Page 10, Line 1protected health-care activity, or that provided insurance
Page 10, Line 2coverage for gender-affirming health-care services or
Page 10, Line 3reproductive health care may file a civil action seeking
Page 10, Line 4declaratory relief, or any other relief deemed necessary and
Page 10, Line 5proper by the court, stating that this section prohibits
Page 10, Line 6compliance with the inquiry, investigation, subpoena, or
Page 10, Line 7summons. Upon timely application, the attorney general may
Page 10, Line 8intervene in a civil action filed pursuant to this subsection(5)(a).
Page 10, Line 9(b) A party seeking declaratory relief pursuant to
Page 10, Line 10subsection (5)(a) of this section shall serve the attorney
Page 10, Line 11general with notice of intent to file and all supporting documentation on or before the start of the action.
Page 10, Line 12(c) If the party initiating an action pursuant to this
Page 10, Line 13subsection (5) prevails, the court shall award reasonable costs and attorney fees.
Page 10, Line 14(d) An action brought pursuant to this subsection (5) must
Page 10, Line 15be filed within one year after the date the inquiry, investigation, subpoena, or summons was received.
Page 10, Line 16(6) An individual or entity that issues a civil, criminal,
Page 10, Line 17regulatory, or administrative inquiry, investigation, subpoena,
Page 10, Line 18or summons to a person residing in Colorado or entity located,
Page 10, Line 19headquartered, or incorporated in Colorado is subject to the
Page 10, Line 20jurisdiction of Colorado courts for any action, penalty, or damages arising out of a violation of this section.
Page 10, Line 21(7) This section does not prohibit:
Page 10, Line 22(a) The investigation of any activity that would violate
Page 11, Line 1the laws of this state, provided that information relating to
Page 11, Line 2any medical procedure performed on a specific individual must
Page 11, Line 3not be shared with an agency outside Colorado or with any other person; or
Page 11, Line 4(b) Compliance with a valid, court-issued subpoena or
Page 11, Line 5warrant that is issued in compliance with subsection (2) of this
Page 11, Line 6section or in response to the written request of an individual who is the subject of an investigation or proceeding.
Page 11, Line 7(8) Any information lawfully obtained pursuant to this
Page 11, Line 8section must not be disclosed to any person, agency, or
Page 11, Line 9department outside Colorado unless otherwise authorized pursuant to state law.
Page 11, Line 10(9) This section does not prohibit the investigation of
Page 11, Line 11criminal activity that may involve a legally protected
Page 11, Line 12health-care activity, provided that information relating to a
Page 11, Line 13medical procedure performed on an individual is not shared with
Page 11, Line 14a federal agency or actor, or an agency or individual from
Page 11, Line 15another state, for the purpose of enforcing another state's abortion law.
Page 11, Line 16SECTION 5. In Colorado Revised Statutes, 13-21-133, amend (1) as follows:
Page 11, Line 1713-21-133. Out-of-state civil action against a person or entity
Page 11, Line 18prohibited - legally protected health-care activity - out-of-state civil
Page 11, Line 19judgment. (1) (a) It is against the public policy of this state for the law
Page 11, Line 20of another state to authorize a person to bring a civil action against
Page 11, Line 21another person or entity for engaging or attempting or intending to engage
Page 11, Line 22in a legally protected health-care activity, as defined in section 12-30-121,
Page 12, Line 1
(1)(d),Page 12, Line 2health-care services, as defined in section 12-30-121,
(1)(c),(4).Page 12, Line 3(b) (I) If a person or entity brings an out-of-state civil or
Page 12, Line 4criminal action, or attempts to enforce any order or judgment
Page 12, Line 5issued in connection with any such action, against another
Page 12, Line 6person or entity for engaging in or attempting or intending to
Page 12, Line 7engage in a legally protected health-care activity, as defined
Page 12, Line 8in section 12-30-121, or for providing insurance coverage for
Page 12, Line 9gender-affirming health-care services, as defined in section
Page 12, Line 1012-30-121, or reproductive health care, as defined in section
Page 12, Line 1125-6-402, the person or entity subject to the out-of-state civil or
Page 12, Line 12criminal action has a private right of action against the person
Page 12, Line 13or entity and, within six years after the date the out-of-state
Page 12, Line 14action is commenced, or if the person or entity is attempting to
Page 12, Line 15enforce an out-of-state order or judgment, six years after the
Page 12, Line 16date enforcement is attempted, may institute a civil action in
Page 12, Line 17district court for injunctive relief; actual damages, including
Page 12, Line 18the amount of any judgment issued in connection with the
Page 12, Line 19out-of-state action, along with any expenses, costs, or
Page 12, Line 20reasonable attorney fees incurred in connection with the
Page 12, Line 21out-of-state action and civil action filed pursuant to this section; and any other appropriate remedy.
Page 12, Line 22(II) The attorney general may intervene in any
Page 12, Line 23out-of-state action brought against the state pursuant to this subsection (1)(b).
Page 12, Line 24SECTION 6. In Colorado Revised Statutes, amend 16-19-115 as follows:
Page 13, Line 116-19-115. Arrest without warrant.Except in cases arising
Page 13, Line 2pursuant to section 16-19-107 (2), the arrest of a person may be
Page 13, Line 3lawfully made
alsoPage 13, Line 4warrant upon reasonable information that the accused stands charged in
Page 13, Line 5the courts of a state with a crime punishable by death or imprisonment for
Page 13, Line 6a term exceeding one year.
When so arrestedPage 13, Line 7before a judge with all practicable speed, and a complaint must be made
Page 13, Line 8against
himgroundPage 13, Line 9arrest as in section 16-19-114; and thereafter
hisshallhePage 13, Line 10SECTION 7. In Colorado Revised Statutes, 24-31-101, amend
Page 13, Line 11(1)(i)(XXII); and add (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) as follows:
Page 13, Line 1224-31-101. Powers and duties of attorney general. (1) The attorney general:
Page 13, Line 13(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:
Page 13, Line 14(XXII) Part 14 of article 12 of title 38;
and(XXIV) Section 13-1-140.1;
Page 13, Line 15(XXV) Section 13-1-140.2; and
(XXVI) Article 116 of title 24.
Page 13, Line 16SECTION 8. In Colorado Revised Statutes, amend 24-116-101 as follows:
Page 13, Line 1724-116-101. Prohibition on providing information or
Page 13, Line 18expending government resources - legally protected health-care
Page 13, Line 19activity. A public
agencyPage 14, Line 1employee, appointee, officer, official, or any other person acting on
Page 14, Line 2behalf of a public
agencyPage 14, Line 3expend or use time, money, facilities, property, equipment, personnel, or
Page 14, Line 4other resources in furtherance of any out-of-state investigation, or, to
Page 14, Line 5the extent constitutionally permissible, any federal
Page 14, Line 6investigation or proceeding seeking to impose civil or criminal liability
Page 14, Line 7or professional 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 8SECTION 9. In Colorado Revised Statutes, 24-116-102, amend (1) and (2) as follows:
Page 14, Line 924-116-102. Prohibition on assisting another state - legally
Page 14, Line 10protected health-care activity. (1) A
state agency or executivePage 14, Line 11
departmentPage 14, Line 12provide information or data, including patient medical records,
Page 14, Line 13patient-level data, or related billing information, or expend time, money,
Page 14, Line 14facilities, property, equipment, personnel, or other resources for the
Page 14, Line 15purpose of assisting or furthering an investigation or proceeding initiated
Page 14, Line 16in or by another state, or, to the extent constitutionally
Page 14, Line 17permissible, initiated by the federal government, that seeks to
Page 14, Line 18impose criminal or civil liability or professional sanction upon a person
Page 14, Line 19or entity for engaging in a legally protected health-care activity, as defined in section 12-30-121.
(1)(d).Page 14, Line 20(2) Notwithstanding subsection (1) of this section,
an agency orPage 14, Line 21
executive departmentPage 14, Line 22assistance in connection with an investigation or proceeding in response to a written request from the subject of the investigation or proceeding.
Page 14, Line 23SECTION 10. In Colorado Revised Statutes, add 24-116-103 as follows:
Page 15, Line 124-116-103. Enforcement by the attorney general.The
Page 15, Line 2attorney general has the sole discretion to enforce any action
Page 15, Line 3brought pursuant to this article 116 and any related legal action brought on behalf of the state.
Page 15, Line 4SECTION 11. In Colorado Revised Statutes, add 25-2-108.5 as follows:
Page 15, Line 525-2-108.5. Reports of induced terminations of pregnancy.
Page 15, Line 6The state registrar shall not collect or publish reports of induced terminations of pregnancy.
Page 15, Line 7SECTION 12. Severability. If any provision of this act or the
Page 15, Line 8application of this act to any person or circumstance is held invalid, the
Page 15, Line 9invalidity does not affect other provisions or applications of the act that
Page 15, Line 10can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Page 15, Line 11SECTION 13. Safety clause. The general assembly finds,
Page 15, Line 12determines, and declares that this act is necessary for the immediate
Page 15, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 15, Line 14the support and maintenance of the departments of the state and state institutions.