Senate Bill 25-152

BY SENATOR(S) Frizell and Michaelson Jenet, Jodeh, Mullica;

also REPRESENTATIVE(S) Garcia Sander and Feret, Garcia, Stewart R.

Concerning requirements for health-care practitioner identification.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Short title. The short title of this act is the "Know Your Health-Care Practitioner Act".

SECTION 2.  Legislative declaration. (1)  The general assembly finds and declares that:

(a)  Health-care practitioners possess distinct and specialized education, training, and expertise in their respective fields of practice. These differences often reflect the training and skills necessary to correctly detect, diagnose, prevent, and treat serious health-care conditions.

(b)  Different health-care practitioners play important roles within modern team-based patient care, contributing their respective skills and knowledge to support comprehensive delivery of health-care services;

(c)  The commitment of health-care practitioners to patient welfare and safety, coupled with their substantial investment in education, clinical training, and accumulated professional experience, warrants prompt and transparent recognition within the health-care delivery system;

(d)  The increasing complexity of delivering modern health-care services, combined with the variety of professional degrees, titles, and designations used in clinical settings, can create confusion among patients regarding the specific education, training, and qualifications of those providing their care;

(e)  Clear identification and acknowledgment of a health-care practitioner's license, certificate, or registration and role serves the public interest by fostering transparency, building trust in patient-practitioner relationships, and promoting informed decision-making in health care;

(f)  There is a compelling state interest in patients being promptly and clearly informed, in certain circumstances, of the training and qualifications of the health-care practitioners who provide health-care services; and

(g)  There is a compelling state interest in protecting the public from potentially misleading and deceptive health-care advertising that might cause patients to have undue expectations regarding their treatment and outcomes.

SECTION 3.  In Colorado Revised Statutes, 12-30-102, add (8.5) as follows:

12-30-102.  Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - definitions - repeal. (8.5)  Point-of-service disclosure requirements - definitions. (a)  As used in this subsection (8.5), unless the context otherwise requires:

(I)  "Advertisement" means any communication or statement used in the course of business, whether printed, electronic, or verbal, that names a health-care practitioner in relation to the practice, profession, or institution in which the practitioner is employed, volunteers, or otherwise provides health-care services. "Advertisement" includes business cards, letterhead, patient brochures, signage, email, internet advertising, audio and video, and any other communication or statement used in the course of business.

(II)  "Deceptive or misleading" means any advertisement or affirmative communication or representation that misstates, falsely describes, falsely represents, or falsely details a health-care practitioner's profession, occupation, skills, training, expertise, education, board certification, or credential.

(III)  "Health-care practitioner" or "practitioner" means an individual who practices a profession or occupation specified in subsection (3)(a) of this section.

(b)  On and after June 1, 2026, an advertisement for health-care services that identifies a health-care practitioner by name must identify the type of state-issued license, certificate, or registration held by the practitioner. The advertisement must not include any deceptive or misleading information.

(c) (I)  Except as provided in this subsection (8.5)(c)(I) and subsection (8.5)(e) of this section, on and after June 1, 2026, a health-care practitioner shall affirmatively display an identification name tag or similar worn display of a sufficient size that is worn in a conspicuous manner so as to be visible and apparent during patient encounters. A health-care practitioner at a facility that follows the Joint Commission on Accreditation of Healthcare Organizations standards, or those of an alternative facility accrediting organization with substantially similar standards, satisfies the requirements of this subsection (8.5)(c)(I).

(II)  The identification requirements of subsection (8.5)(c)(I) of this section only apply to health-care practitioners providing services in a general hospital licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a), an urgent care center, an ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25, or a freestanding emergency department, as defined in section 25-1.5-114.

(d)  When establishing a practitioner-patient relationship, to facilitate patient understanding, unless emergent circumstances make it impracticable, a health-care practitioner, on first encounter with the patient, shall verbally communicate to the patient the practitioner's state-issued license, certificate, or registration or shall verbally identify themselves by a title or abbreviation authorized in statute for the practitioner.

(e)  The name of a health-care practitioner may be concealed or omitted when the practitioner is concerned for their safety, when wearing identification would jeopardize the practitioner's safety, or when the practitioner is delivering direct care to a patient who exhibits signs of irrationality or violence.

(f)  Notwithstanding any provision of this subsection (8.5) to the contrary, a practitioner may use supplemental descriptors or titles, so long as:

(I)  The practitioner clearly identifies in the same advertisement or encounter the specific state-issued license, certificate, or registration held, or, for a verbal first encounter with a patient, the specific license, certificate, or registration held, or uses an abbreviation authorized in statute; and

(II)  Any supplemental descriptor or title used accurately reflects the practitioner's scope of practice, field of specialization, or nationally recognized terminology associated with the practitioner's professional role.

(g)  This subsection (8.5) does not apply:

(I)  To a health-care practitioner who works in a non-patient-care setting or who does not have any direct patient care interactions; or

(II)  When clinically not feasible.

(h)  A violation of this subsection (8.5) does not create a private right of action.

(i)  Notwithstanding subsection (9)(a) of this section, the director shall not impose a fine that exceeds five hundred dollars for a violation of this subsection (8.5). The director is encouraged to consider other corrective action before imposing a fine in the maximum amount.

SECTION 4.  Act subject to petition - effective date - applicability. (1)  This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2)  This act applies to actions taken on or after the applicable effective date of this act.